thank you chief and for all of your involvement. so thank you. >> thank you so much. >> okay. please call line item two b. >> line item 2 b. occ's director report. discussion, review of recent activities. >> good evening. director hiks. >> good evening, members of the commission, i have no none to report. i have nothing this evening. >> are there any questions for director hiks this evening. >> thank you very much. please call line item 2 c. >> commissioner reports to discussion, commission president's report. >> just briefly i want to thank the chief i actually called them yesterday because of my concern. there is a lot going on in the city but there seems to be a lot of traffic and really out of control, especially out here tonight. and i hope that when the city planners put these things together that there are so many events that you realize to get around the city and so i called the chief and shared my thoughts with him and he was very kind and so i appreciate

that. but that is all that i have to report this evening. >> commissioners anything further? >> i wanted to give an update on where we are. last week we had a little bit of a confusion about the taser issue. since then, it looks like we have a couple of potential dates for community meetings and i wanted to put it out there and please chime in if i am saying anything incorrectly. october 22nd at 6:00. and this is a suggested location, of course if there is community input, it could be somewhere else. but right now they have reserved the hampton recreation center. and there is another community meeting set for october 23rd at the scottish rice center. and then a third one on october 30th at 6:00 at downtown high school. at 693 ramont street. i don't think that these are set in stone. but i wanted to be very

transparent and put these dates out there so the community members can start planning and give input on the discussion that we have had. >> my understanding is that those are the dates for now. and am i leaving anything out, chief? >> no. that there was a september 24th date that commissioner asked that we vacate due to either short notice and the fact that the commissioner could be present. so provided the other two commissioners are in agreement, i would not object. >> thank you. >> and before, these meetings i think that we are going to have ourselves going to meet, with the chief just to go over some of our ideas and discussion so that we have a good format for these meetings that really takes in the community input. that is also something that will happen before the first meeting on the october 22nd. >> that is it. i don't know if i am leaving anything out. feel free to chime in. >> however the commission

wishes to proceed. >> okay, great. >> commissioners, i know that the other two commissioners working with you, so commissioner loftus are you okay with the cancellation on that date or would you like to go forward. >> more preparation time and then... >> we have the others schedule and certainly there can be other meetings as well. >> great. thank you, very much. >> commissioners anything further to report before i move to line item 2 d? >> please call 2 d. >> commission announcements and scheduling of items identified for consideration at future commission meetings. >> is there anything that you would like for identify for future consideration? >> just circling back on the presentation that we just received about the response of pursuit of driving. and 5.01. use of force, we should calendar a date for it looks like the 5.05 will be ready in six weagings or so that can be

actually be an action item and the use of force. action item. and if not ready. i want to pick some dates and get feedback from the secretary about what would make the most sense for our schedule. >> it looks like six weeks from now, the end of october, the beginning of november. >> >> the 7th of november, the 14th, the 21st, if you are talking november, then we can look into our days. >> the 7th or 14th. so to be clear, for djo5.05. it looks like that is almost done, so we could choose the 7 or 14th. for the djo, for use of force

5.01. since we are discussing it already, october 24th maybe we will leave it there for the use of force 5.01. but for dgo 5.05. we can calendar that a potential action item. >> what is your next available date? >> the 17th? >> would the 14th be okay? >> no the 7th is the second. >> is that the second? >> it is the second? >> yes. the second one. the 7th. the 7th. >> november 7th. >> perfect, thank you, chief. >> thank you. >> okay. >> thank you, commissioner, anything further from the commissioners? >> okay, hearing none, we are now at public comment on-line items 2, a, b, c, and d. >> commissioners, ray hearts director san francisco open government. i guess that you probably sense a certain level of anger and frustration from me when i come

before you. because i watch your meetings on sfgtv if i am not here, and it isn't just the fact that you seem to disregard the rights of the citizens under the sunshine ordinance and the brown act. but you seem to be flagrant about making promises and commitments you don't keep. last week there were documents that were shown on the overhead which were not leg able for the members of the public. documents which under the law should have been made available in the information packet which was sent out. and then they should have been available to the public so they could be participating in this. and it gives the lie to the idea that you want the public participation and then you deny the documents and the information that people need to actually make meaningful public comment. and then, you make a commitment to putting these documents later up on to the police department website, and low and behold you go to the website, and they are not there. so what is it? are you going to let the public par participate? are you going to give them the documents that by law you are

supposed to be sending them and providing them? or are you not? >> it really seems strange that i have to come here. i would rather be doing something else to be honest with you. i watch time and time ago, while you sit here many of you lawsers and disregard the fact that you violate the rights of the citizens of this city to participate in these meetings and it does not seem to bother you at all. not a whit. and it was like two months ago the chief promised me a copy of a report that i have been trying to get since february, nothing. last week made the same promise, nothing. >> so, when people tell you stuff, it turns out that they are not telling you the truth, it always brings that expression to me, fool me once, shame on me, shame on you, fool me twice, shame on me. when you fool, 15, 20, 30 times

and more importantly you watch other members of the public receive the same discourteous and dishonest treatment simply because they don't know their rights under sunshine and don't know how to get the rights under sunshine enforced, i think that it is unconceniable. >> when it comes down to consecutively rights and constitutional rights that a citizen has to drag people before many hearings of the sunshine ordinance task force and the ethics commission just to get a body that swears to support and defend the constitution to do so. i think that it is disgraceful. and i am glad that commissioner chan finds it funny. and i also find it interesting. >> i am not going to let you rit kaoul any commissioners. >> you are supposed to talk to the commission as a whole. >> and you are supposed to do a lot of things. that is the way that it works...

>> thank you, mr. heart. >> thank you, commissioners mazzucco... (inaudible). >> next, public speaker, please? >> public comment is now closed and line item number two, athrough d. >> please call the next item. >> number four, whether to hold item five in closed session and to assert client privilege with regard to 55. code section 67.10. >> this is public comment on whether or not we are going to have a closed session, police discipline matters that are protected by the supreme court as well as pending litigation, public comment, mr. heart? >> san francisco, open government, i said this last time and i will say it again,

thank you for turning on the microphone after i started speaking. i don't trust you father than i can see you. in fact i don't trust anything that you do in open meetings, because you really don't follow the law and you ignore the law and somebody brings it to your attention and you simply ignore that too. and yet you ask us to trust you that you will go into a closed session and you will only discuss the things that are listed there. i don't believe you. and i think that there are a lot of people in this city, especially members of the african american community and other communities that really don't have a lot of trust for you as a police commission because they see you as nothing but a body that runs interference for the police department. i'm curious why the police department needs to have the police commission run interference. my understanding was you are supposed to be representing the interest of the public. what you do is you protect the police against the public.

and very honestly, i don't think that you when you go into a closed session, i have not been given one single reason to believe that what you say you are discussing back there is limited to what you put on the chart. and in case, somebody wants to think maybe i am paranoid, i'm not, i have watched you to do it to other people. i have watched you make the same kind disengine you yus and comments about wanting to participate in these things and we will give you this information and it doesn't come. and we will show it on the website. and it doesn't get there. and then when someone comes and actually challenges you, you either look down at your papers and work on something else or you just ignore it. or, more than likely, if it really, really bothers you, you take whatever time you want to dismiss whatever members of the

public say when they have two or three minutes to do it. i'm coming to every single meeting from now on. and as long as i am going to be here, i'm going to be commenting on every item that i see that is appropriate. and very honestly, i see no reason to be polite with you for the simple fact that you are not polite to the public. in fact you are not even honest with the public. >> i think that anybody... you know, i think that... you look at a meeting like this and the public isn't even here. i think that is because they working under the impression that mamma didn't raise no fool. why should i come here and listen to somebody tell me how much they care about what i speak when everything they do makes that a lie? if you want to sit there and act all offended and all insulted like what i am saying is not true, i would ask anybody to just go back and review some of your hearings on sfgtv and see the same things that i do. >> any further public comment.

>> yes, sir, please come forward. >> commissioner, board, chief, my name is mike and i am with the occupy movement. and i don't have much to add in addition to what mr. heart brought up is that these concerns are pretty prevalent in our neck of the woods. and it has been a very good year for everybody, i hope that you guys learned as much as we did. i would like to ask a question, is the city interested at all in working diplomatickly with this movement? is the department simply going to continue to take its orders from the mayor? whether they be just, unjust, legal, or illegal or whatever. i just want to know what the temperature check with you guys is regarding working with us and building a relationship with dedicated personnel. much as the language program and many other things that you guys are working on. are you going to need to take this a little more seriously.

so, rough idea? would you guys are interested in working with the occupy movement instead of working us over? >> you have three minutes for comment. the commissions cannot engage. >> not allowed to answer questions? >> no. >> thank you, sir. >> any further public comment? >> hearing none, public comment is now closed. please call the next item. >> line item four vote on whether to hold item 5 in closed session, including whether to assert the attorney-client privilege with regard to item five, san francisco administrative code section 67.10 action. >> do i have a motion? >> i move to we move into closed session. >> i have a second? >> second. >> all if favor? >> aye. >> thank you very much, we are now going to move into closed session for all of the reasons

>> do i have a motion? >> yes. >> all in favor? >> aye. >> do i have a motion. >> all in favor? >> aye. >> thank you. >> thank you. >> with liberty and justice for all. mr. chair, would i like to call the role. >> president mazzucco? >> present. >> vice president marshall?

>> he is en route. >> commissioner dejesus? >> commissioner chan. >> present. >> commissioner kingsley? >> present. >> and commissioner turman is excused and commissioner loftus? >> he is not going to be here tonight. >> excused. >> maybe i am wrong, i could be wrong with that. never mind. sorry. >> and also with us this evening, we have joyce hiks from the office director and deputy chief tomioka >> could you call number one? >> general public comment. the public is now welcome to address the commission regarding items that do not appear on tonight's agenda, but within the subject matter jurisdiction, you should address to the commission as a whole not to individuals. on the police commission rules of order, during public comment, neither the police or

the personnel or commissioners are required to respond to questions presented by the public, but may provide a brief response. and individual commissioners and police, and occ personnel should refrain, from entering into any debates or discussions during public comment and please limit your comment to two minutes. >> is there any public comment regarding items not on the agenda. hearing none, please call line item number two. reports and announcements. >> chief's report and review of recent activities and an update on the department research and community out reach regarding less lethal weapon. >> i think that we will do something different tonight, i want to thank from the bottom of my heart, the members of the san francisco police department for their efforts that began on thursday, evening, and went until monday. you could be nothing but proud about what our officers did, just so the public knows, they

had many events in this city. we had fleet week, with the blue angels show on friday, saturday, and sunday. and we had the america's cup, with races on friday, saturday and sunday. and we had the italian heritage parade in north beach on sunday. we had the blue angels and we had not one but two giant's playoff off games on saturday and sunday and nfl football game on sunday. we had hardly strictly blue grass that brought in well over 100,000 per day to golden state park on friday rkts saturday and sunday and we had not one but two cruise ships docked in san francisco and all of this came off without a glitch. blue angels there was the street fair, we forgot about that. and everything went off without a glitch because the men and women in this department worked extra hours, they moved their hours around. people that usually worked in other assignments were out on

the street. and the level of professionalism was unbelievable. i have to thank them. we need to thank parking and traffic, or mta for their hard work. san francisco sheriff's department, for their hard work. the united states park police for their hard work. and any other agency that assisted the san francisco fire department, because i have to tell you, this was a job well done, it could be a model for any city to follow. so chief before you give your report, i want to congratulate the members of this department and thanks them. >> that was first of my report, so thank you. >> it was a very, very busy weekend but i think that the planning clearly showed over the last week and it was very well done. and i think that the media got the word out and notified the public. the bay area county... over and

i appreciate that. i think that we also forget how much that the media does for the public in getting the word out. we did experience some issues with black blog and protests on the 6th. we had issues with the significant amount of downage, not only to those private property but also to public property, including officers that took paint bags. their uniforms were destroyed. two officers were injured. one with cuts to the arm and another one with cuts to his eye. obviously none life-threatening, but they were injured. but, i am particularly proud of professionalism showed by all of the officers on the street. there were very few incidents that the police were involved

with that resulted in anything but people taken into custody appropriately. 22 arrests were made, a press release was released to media and the word got out quickly. and i think when we work together with all of the partner agencies we rely on them and the sheriff's department, the wagons and it is very effective here in the city. >> and an arrest was made in an double homicide that will be on the statistics for next week. but keith wilkins a 23-year-old that was oprobation was charged. we were assisted by partner agencies, the u.s. attorney, the f.b.i. and the district attorney's office. there was an over the weekend, there was an event of a stabbing in north beach. non-life-threatening injuries and a drug bust with a backpack

full of controlled substances at harbor strip. and that was without incident as well. the italy an heritage parade was a smaller showing than normal, but it was a very positive and enjoyable ivent and i would encourage any police officer that wants to walk, it is nice, everybody just waves and smiles and it is good you get to hand out stickers to the younger generation. it is just always a very positive event. we had a number of recruitment efforts at several, several venues, over the last couple of weeks. but especially at fleet week and the castro street fair. the chief has been very busy starting up the future graduates program again, just getting kids to stay in school, getting that high score diploma

as they first finish, education or a tool or trade. and i think that it is a little soon, to look at the benefits, but the summer jobs program, we are having young people listen to the chief and come to the summer jobs program and very positive motivated and helping about college. a lot of wilderness programs where we were taking them backpacking. it is always about the children and starting young and getting them motivated and comfortable with talking with the police. our current statistics they are still pretty steady compared to the last report that the chief gave you. we are at 52 with a homicide, although i did mention the one that will be counted on the next statistical report.

so there is a 21 percent change in homicides, but the other part one violent crimes we are actually again... and property crimes are again, up 7 percent. we are still... part two of the property crimes. we are trying to get a handle on those. and there... there is still, you know, plans in the police department looking at property crimes, working with the communities. and getting them aware of personal safety, vehicle safety, and their own safety and in hoping that we will see a turn in those property crimes. >> to be clear, a homicide where an arrest was made and that was the homicide from march the 30th this year, where the arrest was made.

we also cleared a second homicide where an arrest was made. >> good, thank you, chief, commissioner dejesus? >> i just wanted to congratulate you, the police department for also doing a great job. but i think that it is really important to point out that the people who are arrested who threw the paint and everything, they had ice picks and a hammer, and gloves and a mask and these are the people the an arckists were also the people that were trashing the mission district. >> they did. we took an ice pick and a hammer, several bags of paint, flares, which are very corrosive. fire crackers, fireworks. i had to unfortunately we don't have a color copy here, but i think that the color pictures really are very clear and you know, share them with the public and also with you. >> all right and i think that you put on a press release,

which i think was also important to let people know that of all of the people, of the 20 people that were arrested that were destroying property in san francisco and one of them was a resident and they were all from out of city, or southern california or out of state, is that right? >> that is true. >> i think that is important to note that and i think that you did a good job. and i will say that i went to the castro street fair and i saw the police officers in action and i saw them removing people who were not doing what they were supposed to be doing, in a peaceful way and they did a good job. and i also went to the obama event and the police officers did a wonderful job. they did a wonderful job in terms of having president obama here in the civic center. i just want to say good job, thank you. >> commissioner loftus? >> i just want to echo the comments of my kol colleague. i think that it was sergeant tumor, i saw someone violate

the perimeter where the president was coming and he got past several officers and it was sfpd who ultimately restrained him and i have to echo what commissioner dejesus said. i was with my kids and what they did is they made sure that they removed him from the area, and they had what looked to me as a stern conversation happened and he was released. and it was... i went up to them and i said that is a reminder that as law enforcement when you wear the badge, all of the time everybody is watching and the community it to see him leave the values. >> and i also have to say that there is an aspect where the public is watch and when crimes happen to us, or we make terrible mistakes like leaving your iphone on the passenger side seat of your car, my iphone was stolen at someone at 8:30 in the morning, crashed the passenger's side window of my car when i was gone for four minutes. and grabbed the iphone, and the reason that i am bringing this

up is i used the police department's on-line police reporting system. and it was really great. it took a few minutes and it really helps us as a commission and i know for your crime stats to have an accurate assessment of what is going on. sometimes you think that no one will find out and may not investigate or find the person, but it helps us do our job and some officers at southern told me and we can't say it enough, iphones and ipods and things like this are like carrying your wallet around. so really keeping that in mind, i learned that lesson myself. >> and i want to add, too, that we talked about these events and i forgot about the fact that we had to have the president here for two days, which again is another significant event for any normal police agency and that we did that without any a glitch. and with reference to the arrest and i joined commissioner dejesus, you know, our officers, we pay them to serve and protect not to have people throw rocks and paint at them. and the consequences for doing that will be serious. and i am very proud of our officers for making those arrests. because that same group went to

oakland the next night and trashed that city. we credit the mayor who keeps hiring officers and a chief and a command staff to make sure that we are protect the citizens. and i will tell you later in my report that i was present at that press conference in the mission where you heard from san franciscoans that this is not what we expect. we believe in free speech and we are progressive, but don't go crashing our windows and i have to tell you that the tide really turned with that event. >> let's go to item 2 b. >> could we just do the updates of the... >> sure. i am sorry. >> there is more. >> good evening, commissioners, and directors. i want to give you an update on where we are with our exploration of less