Skip to main content

tv   [untitled]    March 16, 2014 5:00am-5:31am PDT

5:00 am
him as my dad. >> commissioner turman? >> i wanted to join, commissioner chan as well as yourself and mr. president, and congratulations deputy chief, loftus, on his retirement and thanking him for that. and i want to acknowledge that kingsley will be greatly missed and i did do a great deal. i know that she is pursuing other activities, to make it even more committed to san francisco, and i wish her the best of luck. for i would be remiss if i did not say what a tremendously brilliant organization that john irvine foundation is for awarding loftus who is a tremendous san franciscan, and an advocate for children and an advocate for her community and she is just, fabulous to serve
5:01 am
on this commission as well. thank you for all of your work. >> thank you. >> and thank you, commissioner loftus and we are going to set aside a date where we are going to honor commissioner kingsley and i am not sure whether or not her regular resignation has gone through. >> there is an announcement that turman and i put together. and basically it is meant to explain to the public, what the commission can or cannot comment on regarding this. and as you are well aware that after the joint investigation, and a very important factor, the joint investigation between the san francisco police department and the f.b.i. and an indictment was returned from the us attorney's office and here in the northern district of california and commissioner turman i have talked about this and we are both federal prosecutors. and so we understand the process, and we ask you the
5:02 am
public is to understand and appreciate and respect the process, the process of both the criminal system and the civil system and we cannot about the specifics of these charges because those charges i will be before this commission and it will be unable to comment on them, but what we can comment on is that the public does not rely upon hearsay rumors or gossip and let it play out, those officers or the five officers are the current officers of the police department and one that has been terminated by this commission as this sit here today, they are innocent proven guilty and that is a premises that all of us have been part
5:03 am
of. having said that when we are interviewing for the police chief last time, one of the questions that came up during the process is that we were made alleged of the possibilities. and we asked the captain sir, what would his strategy be for this situation and then the captain would have the best answer and the best strategy and now he is the chief. and what he did was implement and the four that were assigned to work on the investigation and he gets credit for that and the fact that there was more training for the under cover officers, and a significant amount of training, and bruce was brought in to train them and in the fine arts of under cover activity. and more supervisor vision was provided. and there are sergeants out on the searches now, and finally, there is rotation, out of those units and that is what the chief said that he was going to do and he is doing it. and the last piece of the puzzle, hopefully it will be
5:04 am
any day now, there is a glitch, but the officers will be fitted with cameras, during those searches. and so, that is what the chief has done, and the commission we deal with the policy, and procedure, and that is operations. and sometimes, operations spills into the policy and procedure, but i just wanted the public to know that the chief has addressed those issues and i do not want any sort of negative publicity to hurt the pride and the courage of the 2,000 officers that risk their lives on a daily basis, responding to the calls on service and we should not let that taint their reputation and those officers, remember, you are the guardian of the public trust. and we talk about standards. and we do hold you to a higher standard. thank you. >> 3 d, commissioner announcements and scheduling of
5:05 am
items identified for consideration at future commission meetings, action. >> we are here at 5:30 and dark the 19th, and no meeting on the 19th and then on the 26th we will be in the tenderloin district and we don't have a location as of yet. but by the march 12th meeting we will have a location. >> any further announcements or identified items for consideration from the commissioners? >> i just have one, inspector monroe, you are the head of this and i might be behind, did we pick a date for the discussion of the bicycle pedestrian an safety resolution? >> next week. it is the 12th commissioners. >> great, thank you. >> okay. so now it is time for public comment and all of these line items come on forward. thank you for waiting we appreciate it. >> i apologize, before i didn't know how you were doing it. so i am still michael and i am still here.
5:06 am
i wanted to address a few things that came up in the chief's report. specifically about the 6 officers, five who were on the active duty one who is not. and who are indicted last week, the first question that i have is do many of my friends, what did the former chief, know? we are talking about george gascon who is now the district attorney in my opinion is very ambition politician and will be running for office and why didn't he notice what was going on under, his watch and the question has to be raised that are these the only cops who were or who allegedly acted badly? are there other cops who are harassing the residents of sros? or otherwise, not acting in
5:07 am
good faith as police officers? and i asked that question because i can't recall what or whoever got held accountable for what we called the fajita gate. you know? a lot of us see law enforcement as one entity. the sheriff the cops, and the da. we don't distinguish one institution, one agency from another per se. and we see you, altogether and when we see things like it took years to get those cops indicted. we are like, wow, i guess that you better not take a picture of a supervisor in the bathroom, that will move fast, but if you are going to harass the residents of sros and you are a cop and they are going to capture that on camera, it is going to take years for some accountability. >> now, there is also this issue of the fire department guy who was drunk and created
5:08 am
an accident, almost a year ago. still no indictment. what this has to do with the rogue cops is a rogue fire officer. we don't see the criminal justice system gearing up to take those folks into the criminal justice system and hold them accountable. and i think that one thing that the police department really needs to look at, is putting george gascon before the cameras, putting him in the hot seat, to answer questions of why did all of this happen on your watch, and on the day that the indictments are coming down he is holding a state of the district attorney's office. and excuse me. there is an attempt there, i believe to obscure his role in what went down. >> thanks for the public comment >> any further comments on these issues. >> hearing none, the public
5:09 am
comment is closed and call the line item. >> four, hearing on a disciplinary charges filed against assistant patrol special officer john barry file number alw iad 2013-0154 of discussion or possible action or sustain specifications. >> ashley on behalf of the san francisco police department, good evening. >> ladies and gentlemen, this is a hearing with reference to the charges that were brought against a patrol special officers john barry and the matter was set for hearing tonight and these matters are public and i will note for the record and i will ask, is patrol special officer john barry present? >> i will note for the record by dr. marshall that he is not
5:10 am
present. and do you have anything to share with me regarding this, the attempts to serve or conversations with patrol officer barry or should we have officer brown come forward >> i think that he has information but i will provide. when we actually suspended patrol special officer barry we sent him notice by certified mail and express mail, it came to the department certificated mail and the u.s. postal service, attempted twice to serve the letter on patrol specialist and he did not accept service of that letter, however, he was aware of the hearing, that was schedule, for february the 19th in the morning and he was aware of the hearing because he called officer brown and told her that he would be unable to attend
5:11 am
the hearing, due to car problems and realizing that i notified him that i would need to set it for the police commission and it was set for this date at 5:30, i believe that recent from the office sent a letter to officer barry for the certified mail and we have not heard from him sense, and officer brown may have some additional. >> and before officer brown comes forward, let me tell the public that he has been accused of not having proof of commercial liability insurance, and auto liability insurance, which is required for patrol special officers to endemnify the city as pursuant to the procedures.
5:12 am
>> and to provide it with the names and address and telephone numbers of the assistant patrol specialist that worked for him or provide a list of the clients that he is charging the fees to for this protection. and specification, number three, he failed to report in person, to the commander at the district station and he is assigned to and that is essentially failure respond and he also on the specification number four and he failed to attend mandatory range qualifications in other words, the officers are held like our officers go to the range to insure that for safety reasons they qualify that they are safe with the firearm and he has failed to show up. and to qualify with the firearm and to be carrying one. and he failed to attend for the training which is specification number five, could you have officer brown come forward and if we could have her sworn by the court reporter if possible.
5:13 am
>> >> thank you, good evening, officer brown, could you state your name for the record. >> officer, carla brown, star number 547. >> who are you employed? >> san francisco police department. >> bha is your assignment in the currently in the san francisco police department. >> i am the patrol special liaison, and the program administrator for that. >> and now with reference to the charges that have been against and brought against officer barry have you made effort to contact him regarding the hearing that was schedule on february 19th. >> and yes, he contacted me, after the hearing or shortly before a few hours before saying that he would not be able to make it, and that he was suspended and that he would be able to return the id and that was it, meaning that he would surrender his star and id. >> have you had any conversations with him since he failed to appear for the february 9th hearing.
5:14 am
>> no, that was a voice mail messages, i have not spoken to him in months, he only leaves me offices when i am not in the office. >> that is non-business hours. >> correct >> how many messages has he left you during the non-business hours snment >> six. >> what is the sum and substance with reference whether he will appear for the charges. >> these were throughout two separate investigations and he would call the night before and or leave me a message saying that he was not going to make the skeled interview for various different reasons. >> and so, in your opinion has he failed to comply with any of the requests or any of the requests mandated by the interim rules for the specialists? >> yes. >> is it impossible for you to supervise him at this point in time. >> no. >> would he be a danger to the community, out there, without the proper training in advance officers training. >> yes. >> commissioners do you have any questions for officer brown? >> well, my first is that can he be charged with failure to
5:15 am
appear for a police commission hearing? >> if he could i would add those to the charges, but, no i mean, me reading this, and unless someone can show me and of course, very different than what i read here and the failure to show tonight, i don't have any other questions. commissioners anying further. >> at this time we should put this matter up to a vote as to whether or not we should the proper terminology is terminate a patrol special officer barry and rescind any rights as a officer in the city and county of san franciscoer. >> could i ask one question. >> i am a little slow down. >> just the other part that gives me pause, is that there is no one representing mr. barry he is not here and he does not have an attorney and so i am sure that president mazzucco has flagged this, but is there anything that we
5:16 am
should consider that he or his representatives were aware of in terms of their perspective about service and maybe, any issues that i could create a bunch of issues but i don't need to. i just want to flag, any of the colleagues is that something that we should consider or not at all. >> we had testimony but from the officer of the court that they made effort to serve them and he left voice mails saying that he was going to miss the initial hearing and he has been told of this hearing and he is not here. and for me, commissioners so noted >> okay. >> and also, sorry. that they are president of their association has made multiple attempts to contact him and he wanted to help him and represent him but he will not contact them back at all either. >> he is completely awall at this point. >> and all of the notices were sent to the same address and he had actually signed for two
5:17 am
previous notices regarding interviews with officer brown at that address and what we sent the notice, regarding the february 19th hearing, and as i previously stated we sent it by certified mail and we also sent it by express mail and the certified mail was returned back to the department but he was aware of the hearing but then he called the department to let the department know that he would not be awaring at the hearing. so, it seems that he is very selective in what he will accept from the us postal service. >> and i'm assuming that president mazzucco that there is no requirement that he present in person for us to make a ruling. >> great, thank you. >> i have a quick question. what is his assignment or his beat or whatever he call it? >> parks. >> he works out of the park district and owns beat 53. >> and i move to terminate patrol special officer barry and his authority and power in the city and county of san francisco. do i have a second.
5:18 am
>> second. >> take the roll call? >> sure. >> president mazzucco? >> aye. >> vice president turman? >> aye. >> commissioner marshall? >> aye. >> commissioner chan? >> aye. >> commissioner loftus? >> aye. >> motion passes unanimously. >> thank you. >> takes the steps that you need to. >> i have a question, does that mean that the clients in the park district they will be notified how do we make it public that this person is no longer a patrol special. >> we should talk officer brown and the patrol special who came to the meeting in park station, and so that the community will know who he is and maybe we should have both of them notify the clients if there are any
5:19 am
clients in that beat and let them know that there is a possibility of well, let them know that he is no longer a patrol specialist and should not be soliciting business or fees from them. >> i will do that. >> thank you very much. >> please call line item number five. >> public comment on all matters pertaining to item 7 below, closed session including public comment on vote whether to hold item 7 in closed session. >> are there any comments regarding closed session regarding disciplinary matters? >> hear none, public comment is closed. call the next line item. >> vote on whether to hold item 7 in closed session. >> moved. >> so moved, second. >> all in favor. >> aye. >> thank you v >> we have a motion not to
5:20 am
disclose. >> motion. >> done. >> it's a pleasure to have a you here at the martin luther king academy is school for this important celebration.
5:21 am
i service in the district. before i serve say a few words i want to thank and acknowledge some important individuals that are with us morning. if i miss someone which i will i wanted to thank you all a general thank you for being here today. i think today, we be mark in our calendars as a seminal chafrng point in public education in san francisco moving forward. before i go any further i want to recognize our members our elected commissioner commissioner joel winning who's with us this morning (clapping) >> i'd like to recognize commissioner matt haney who is with us thank you. and playing a dual rule the mayors commissioner mendosa
5:22 am
mcdonald who is here with us (clapping) and the heroes in my mind absolutely the folks that led the work effecting lives each and every day our entire principle group is here today. can you stand so we can applaud you? thank you. thank you for being here. and obviously, we want to thank our principle here at martin luther king middle school natalie for opening her doors to us (clapping) >> i'd like to okay as well as our assistant superintendant ms. jean i didn't pond. (clapping). >> our director of middle schools mr. richard curbing i didn't
5:23 am
(clapping). >> and you may have heard r a word or two is our superintendant that supervisors our k 12 schools and, of course, i will introduce him look at later in the program but your absolutely visionary and leader of '71 of san francisco mr. ed lee mayor thank you. and a try visionary and a great great citizen of san francisco and also our partner mr. benny thank you for being here (clapping) >> i'd like to recognize two corporate's partners here today mr. ken at zinc good who
5:24 am
partnered u.s.s. from auto deck mr. carl he's not here but titus his entire team is auto deck thank you. just a couple more introductions, if you will, many of those conversations are ongoing but i personally remember a dinner that i tenant a little bit more than a year ago and we talked about the dream we had. but i also want to recognize susan keeping who is here from the creeping foundation. and then a person we've been working with hand and >> prayer by the chaplain. >> hand you choose the analog but helped us with a true
5:25 am
partnering susan we appreciate your help (clapping). >> and then last but not least one person is here one is not by the two members the district staff that's been on the ground both visionary but making the trains won run on time and she's our special assistant to the chief of staff. (clapping) and then our district chief of staff who couldn't be here today is on the east coast planning her daughter's wedding but that's laura wherever you are. why are we here today and thank you middle school to talk about this partnership.
5:26 am
ladies and gentlemen, if you look at who we are in san francisco and as and former history teacher we're in the technology local place of the world. the innovative things that happen in technology and the innovative things that happen in any part of the stem idea science, technology engineering and market you can drug draw d a line back to san francisco. so it makes sense that the public schools should reflect that innovation and that sense of urge awhile engaging and preparing our spreadsheets students for careers and jobs that don't exist. so how do we do that within an educational institution. we don't charge for you services. we sell nothing to public
5:27 am
schools so we're really, really did not that on and glad to work with the civil folks in our community who have a deep sense of what it will take to make sure that all residents of san francisco are ready to jump into the vision. we're very proud of the successful pardoning that beef be able to get with the 3 legged stool and that's public educational institutions like san francisco unified school district and elected officials like the mayor of the san francisco and private corporate civil management individuals. when you bring those are 3 forces together you can create
5:28 am
wonderful things for the fair enough which our city and for the children. we are here to a celebrate the first step in moving towards that kind of relationship the 3 legged partners. they're saying we're going to chart a course into the future so every student is prepared to engage if the 21st century but t is ready to be a participating partner. we're going to start some more and we're going to start where the magic happens in the middle schools. thank you. for that partnership and the brlgs have been clear our goal is to educate every single students regardless of what race
5:29 am
creed or sexual orientation they happen to be from. we're going to educate them with an ice through quickest by the way, when necessary leave our doors their external equipped to participate in the vision. this partnership is going to help us do that and help insure point itemal divide that exists does not exist no. your schools and the divides in opportunity doesn't exist that students will be able to use and identify and think critically and work in teams and think outside the box this is what this is going to help us do. 83 we want to thank you. one last example folks have
5:30 am
asked me mr. supermarket? about devices and wireless and days they're to be outdated in a few months. so let me be very, very clear this is not about devices we're talking about ipads or whatever we're talking about changing the way students engage with knowledge. can you image the student that is studying their history and take a theme from history and students are allowed to take a position assuming the identity of one of the historic figure they get to make an eye move about that particular seen and change the outcome. what would have happened in t