to have naked people seven days a week standing on a corner near your house?" i am willing to bet that poll result would change. fundamentally i disagree with the argument. the logic goes if we ban one thing, anything, we might as well ban everything and be a fascist society and therefore don't ban anything or we going to become like that. i think that is extreme logic and if you look at our code and the codes of many other very progressive cities we have all sorts of laws that say you can do things and there are limits to what you can do. someone mentioned ian rand and i that was very appropriate. we live in a community. we live in a community that is densely populated and we all have to be able to live together, and i don't agree with ian rand and

it's all about you and as an individual and i can do anything i want no matter what, no matter the impact on other people, so colleagues i think this legislation is a reasonable response to a real issue. it is a very narrow piece of legislation, particularly compared to other codes, governing nudity in the city and i move that we forward this to the board with a positive recommendation. >> supervisor chu. >> thank you. i do want thank supervisor wiener for bringing this legislation to us and the thoughtful comments. i also want to thank members of the public that came to speak. i listened intently for those for and against the legislation. i will be supporting the legislation. what was compelling to me was the people that lived in the neighborhood. there were people that live and

oppose the legislation and i recognize that from the comments today but the idea of a sense of community, people from all walks of life, whether you're a family, whether you didn't have a family and be safe and comfortable in the neighborhood was something that was very compelling to me, so i just wanted to express that. i think someone who is against it also said this is a community we want to be part of and it's one where you can live and respect each other and i do think because of how people feel strongly about public nudity it's important that the respect goes in all directions and a space that is comfortable for everybody and that's the reasons why i am supporting the legislation. i heard a number of folks that said it's not narrowly tailord and i believe it is and i wanted to express that as well so i will be supporting this. >> thank you supervisor chu. supervisor wiener has made a motion to send this item

forward. supervisor chu has seconded it. i agree with that motion. i agree with what both said and mr. clerk if we could forward this without recommendation. any other items before the committee? >> that concludes the items. >> meeting is adjourned.

>> meeting is adjourned. to call roll. jrstv)ját)n)ng commissioner kingsley, present. commissioner turman,/?5)qzg] he. with have the cheese of police ms. joyce -- >> welcome to the wednesday, scheduled san francisco police commission meeting. with matters involving patrol specials, and we have some closed session matters involving discipline. without further ado call line item 1, theç concept calendar. >> received and file action. request of captain david las ar to accept gifts of seven

bags, seven belts, seven laniards, seven water@ seven hats, from khiron security, valued atmyx!>b approximately $875 for use of the san francisco police activities league law >> supervisor chiu: do you child from the captain regarding thevd4&, ? any questions regarding this? any public comment?ú>bt1+ regarg this? >> i move that we approve. >> second.  item 2. callvcun: >> general public comment. the public is now welcome to address the commission regarding items that do not appear on tonight's agenda but that are within the subject matter jurisdiction of the commission. speakers shall address their remarks to the commission as a whole and not to individual commissioners, or department or occ personnel. under police commission rules oq order, during public comment, neither police or occ personnel

nor commissioners are required to respond to questions presented bywsno#:%roku! the py provide a brief response. ák police personnel should refrain comment. please limit your comments to three minutes. >> president mazzucco: please come forward. >> hello. your timer needs toúzfím5dñ sta. thank you. hello. my name is michael -- a gay and aids activist, also involved in transparency issues. and i was just down the hallway at the sunshine ordinance task force. has to do with very deep concerns i haveç regarding the mission station, specifically limberg. 9 am, these two officers of the

force were in attendance at the merchants of upper market castro. they frequently are at the meetings of muncie so it wasn't that unusual to see them at this meeting. however, unlike previous meetings, chuck limberg was not wearing a badge. he was in plain street clothes and came over to me and other members of the public, as we came into the room, andç said that he was not on duty, and was helping mumsy with security issues, and he then directed members of the public where to sit during the meeting. two very controversial issues were on the agenda, which is why there were a number of members of the public at this meeting. and one of them had to do with nudity, the other controversial item had to do with the control of the rainbow flag at milk

plaza, two very contentious issues in the castro. when these issues came up for a vote, members of mumsy, chuck limberg came to members of the public and told us we had to leave. he was enforcing rules for mumsy. he said he was off duty however every other meeting i've been to, he's been in uniform, he's been on duty. i need verification that hehlgk meeting, carrying out these duties. the other thing is i am very@$gt are also seven uniform beat patrol officers on the sidewalk, outside of this meeting. why were so many of them there? we need some answers. why? because a number of us are really concerned at the impression that the mission station police force is more

favorable towards the merchants than towards activists. i think you've got to be very concerned about any appearance of favoritism toward one constituency in any community, months and months of meeting in uniform and then seen at that same group's meeting in plain clothes, it's raising questions. you. -- >> supervisor chiu: thank you, next speaker. >> i would like to concur with you because i wasn't happy with that officer's -- either. i work for the sunday chronicle. there was an incident involving prostitution and gays. and when he was asked by the -- i think it's a bay area reporter about a specific case, no comment. no comment is the worst thing you can say in the public. because automatically, people

are going to assume you're hiding something. i agree with you, sir. also, i'd like to move forward. i would like to complement you. your investigation into an officer related shooting -- andñ yes i rose up here -- i don't think it's in geary's district you were candid, honest, and forthright. that offiòñ?ñ?ñr got -- hey, the master key let the guy in, didn't knock. come on, i live in a sro on 6th street. so what. i don't have the same right as thomas, wherever he lives. i don't think thomas would like someone walk into his house, use correct. i'm sure the guy reacted wrong. but on the other hand the officer had not, san francisco police, things might have turned out different, may have turned

out different, we don't know. but thank you for your great work, ms. hicks. i want to complement a new york cop. i got an e-mail a couple of days ago. this officer was off duty with his girlfriend. he sees a man get robbed. he steps out, pulls his badge out, hey, i'm new york police, i'm new york police. the kid shot the cop, shot him right in the chest. he runs back to the$qñ?ñ? car, s bleeding. he gets in the car withq his girlfriend, on the way to the hospital, he recognizes the perk, theñ?ñ? car. hand on his chest, he jumpsmtu/s out -- got in the prone position, and shot one of the head. marksmanship. is made.

that's what we call a hero. take care, people. >> thank you. any further public comment? public comment's now closed. please call line item 3. >> reports and announcements. chief's report, discussion, review of recent activities, calendar and scheduling of community meetings regarding less lethal weapons, presentation of the third recommendation, presentation of summary, driving. >> good evening. >> good evening commissioner, public, director hirks. very quickly, we had -- this is our first commission meeting since a rather busy october. october was probably as busy a month as i can remember in my time in the police department, which has been a while now. it started with special events

at the beginning of the month, one particular weekend that wasj unbelievable a visit by our would be, now going to be, for the next four years, president of the united states, a run during the playoff of eight home games that wrapped up with a world series celebration, and halloween that was uneventful, by all accounts and all this down a couple hundred officers. unfortunately toward the end of october, we had an uptick in violence in the mission toç whh the officers went right to work, and i think the final total for the month there were 42 gun&dfe mack 11 and we got through another month and year to date esdown nearñr 10% as opposed to last year. again i think themnmsg pulling a yeoman's duty out in

the street, and now they're gearing up for what will hopefully be a great holiday season and switch gears/ will be doing things with kids and the elderly and the community all that stuff on top of trying to keep the gun and the violent rate down. unfortunately property crime has clicked up about 6%, but we're trying to get a handle on that too as property crime arrests are up nearly 10%. so it's all a work in progress. i understand that the meeting -- the last meeting that i missed, there were some questions. me, one or more commissioners was curiousyññ?ñ? about drug co. drug court, although i believeòp strongly inç drug court and goo all the graduations, it's not really a part of the police department. it was found theön#w+ in 1995, s an alternative to incarceration and it can get your record expunged.ñr at graduation and i can tell the commissioners when the next graduation is -- there's a

formal declaration that charges are dismissed. someone from the court shows up and actually does that. it's very cool. the last one was last month, about 22 graduates finished, that makes the total about year now, haveéel some handouts here andi can pass them out. it's -- when most of the folks that go to drug court are marginally housefph9aíz and/or unemployed and by the time they graduate, 100% have stable housing and some source of lega3 income. although the numbers are not huge per class, any little bit helps as the recidivism rate is decidedly lower thanx!exq4  tht do not go to drug court. to hear the commentary of the folkst( at graduation, they, themselves, can't believe they all say that they did it just to sort of work the system

and get their case dismissed. realize they're not allowed to get it through that way and that's->w7au a good thing. another thing that the deputy chief brought up,b1fm$ or i gues it'sñp?p&yt actually on the ages where are we with 5.05. i think it's the content is good. the formatting'seq"zó(wm not sos opposed to the old order. i'm working with the city attorney to correct it as to form. and i think that within the next the draft for everyone to look at here, which is again where we would be with the department domestic violence officer related go that i'm getting helç actually from sergeant back there my formatterç for make sure it reads right legally. we want a professional product to you and we're closeñ?ñ? on te within 30 days. as far as the calendaring of the

less lethal weapons out of deference to azñ?ñ? special evee of the commissioners and the headlines for/cñ?ñ? everyone cod on both sides onç the issue in tfdñ?ñ?he community in meeting h the director and three commissioners involved the decisio was that i have the community meetings inc? january and repick up these issues. so there wasgñ?ñ?ñ as little acy holidays as related to the san francisco police department. that's it. i=xñ?ñ? would ask sgt. crudo toe up and proceed with the fdrb and oas summaries. >> i want to thankiñpñw the efforts of the police officers during that week, with the world series celebration, was quite remarkable to see the officers out on the street. you had all hands on deck. even had the officers from the

police academy working. you did a great job managing!2wb that, keeping the peace, and keeping people happy. thankh+syxkm you. commissioners in your packet there3kzñ71[y is a memorandum we chief thanked. it was a joint thank you from the police commission and the chief thanking them for their hard work. it was amazing, with thin resources we made this a great place to be to celebrate the giants victory. it was a job well done and job ñ?tñ/v% to the officers out on shout o-u?ñ?ñt.ve a we had all the recruits, all 100 recruits were out along the parade route helping out. were readily found and the other eight turned up. so we have all 100 backht at te police academy now. >> encouraging. >> commissioners, before i start

with thena[e:c court, sgt. time has moved over from#é='wrny the administrative side to the oas team so theç sergeant will be coming here as well to these meetings. getting to the officer involved shooting report for t

inspector monroe represented the police commission, director the -- >> a little concerned. who represented the police commission? kind of him but... >> there was as9ñ?ñ i understa, i'm not+sñ?ñ? sure who was sched from the commission. >> that would be me and something came up and i couldn't make it. itko. >>ñr the twoç cases, one an oid that occurred july 12, two dogs were running wild loose

and animal control called -- one dog was captured but another one ran back to the address -- joined by a second dog in the attempt to capture those two harness, that animal care and control wasru?ñ?ñ?attempting to, lunged at the officers. the officers even attempted to use less lethal options that they had with them to no avail and botht( dogs were shot. policy. the vicious animal clause. and officer involved discharge 003-12 occurred also in july, july 27, 2012, 766 -- street, which you may recognize at company a. in that case, a -- an officer station, after conducting theirñ

qualifications for patrol rifle and gun. in theócwz rifle back at the station there was an accidental and negligent discharge. the discharge penetrated several bins at the station causing damage to those recycling bins but there was no -- and obviously that was sound. officer involved shooting investigations and update on where we're at, this is a list of cases i believe you have hard copies of -- distributed.kpsjr currently, we have 13 cases. 11-002, which is from june 7 of last year. just received the da -- the homicide just received the da declination letter.

they finished the report which we're finishing our report and preparing that case for presentation at the december fdrb. of the remaining open cases, they are currently pending investigation. the cases from 2011 are currently in homicide investigation ing#lucspm"qñ tho, except for one, which is waiting for the final me report, they're awaiting the da declination letter.bwr'y sot closed and forwarded to the administrative investigatorses so we can finish our end. for 2012, the investigations are ongoing inpz9l 12-001, 002,lzí, 004, 005, and0s@"/4 006.

since the last time we had this( presentation, oid002, oiz003 have been closed. one was if policy -- that should be -- policy. as i mentionedu/8x earlier, ois 11-002 has$(3clc.;ç been complee criminal side, forwarded to internal affairs. the officer involved[cs8c+w shg and we're finishing our investigation, preparing to present thatwñp since the last presentation two 006. those are obviously in the early point, we haveumñ?ñ 13 open officer involved shooting cases, two since the last report, one case has been closed side, and --

>> any questions? >> i would like to emphasize those 13 open cases did not happen in the last 18 months. many of those trail much further back than that. >>lmñ?ñ kñ?ñcommissioner chin. >> commissioner chan: i want to make sure that we're clear a? some point we will be back to get a overview of the ois process, the officer involved shooting process, the firearms discharge review process. i think it's good to get a presentation to the commission and the public,]ogát jargon -- >> is that scheduled for the 12th of next month so we're working on that right now. >> commissioner chan: thank4ñ?ñ? you very much. >> yes, ma'am. >>xoñ?ñ with reference to the nt meeting do i have a volunteer to attend the next firearms

discharge meeting. inspector monroe did ac'-a4 g gt job. >> i'll be happy to do that. >> commissioner kingsley is on for the next one. >> line item 3b. >> occ director's report,y discussion, review of recent activities, preparation of the monthly comprehensive statistical reports and hsñ?ñ? 1, 2011 through october 31, 2011. mediation of complaints in sustained complaints in octobeü 2012. hicks. >> good evening, president, and members of the public. first of all, i'd like to introduce the occ's newest investigator, if she could please stand up, sarah mondor.

we're excited that she is with the occ. sarah has a law degree and is a member of the california bar. she attended golden gate university and she is a uc-berkeley calñ?ñ? grad, go be. sarah has a variedqlñ?ñ? backgrn her work experience, including being a producer andgíom music reporter for latin eyes media, and also being a project coordinator and business manager for the energy efficiency funding group. çárqrj also interned for the san francisco city attorney's office, andç for bay area legal aid.'rúddñ sarah. thank you. comprehensive statistical report. i've orally presented a lot of these statistics to you before so i won't go through them.

the only thing that i will talk about is the adjudication of month of october, and theéí:úm6- chief suhrl>e4 ç occw3 sustains he concurred that theyowo8¢-k e sustainable. duty case for failure to collect traffic stop data. the officer received a written reprimand. another was a neglect of duty case for the violation of rule 36, an officer failed to document ending mileage when transporting an in-custody femaleñr passenger. the officer< violation of department general order 5.04 an officer failed to

prepare an incident report documenting the complaint1b0txrw requested the officer arrest a private person. the officer determined there wam no probable cause so the officer was obligated to prepare an incident report so indicating. the officer was admonished. in another neglect of duty case this was a violation of an officer failed to document in the incident report how the officernb safeguarded or placed in police custodysk9tm.ñ) complainant's key and mishandled the keys by forgetting them in the officer's pants pocket. it was not for a long period of time. the officer had taken the complainant into custody for 5150 for mental health hold and all this took place in the hospital. and the officer did return the keys26zm to the complainant ate