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tv   [untitled]    September 3, 2014 1:30pm-2:01pm PDT

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try to neutralize such a threat, or trying to extract someone out, but the other things that we have like... and most of our stuff is protected like the vests and the night vision so that you can see at night. and one of our boats, came from surplus that sort of thing. >> good. well that is good to know, thank you so much and i am looking forward to seeing what the report is, because that was kind of shocking to see in the paper. and this is something that i wanted to ask you, that as we keep getting, i am wondering if you will be kind enough to tell the public again, how we have and we have a two-track investigation, the department does their own, but the occ has a way to investigate, any complaints, against any officers, and perhaps, maybe just the process and then if the charges are warranted what the process is after that, and so maybe the public can understand, that we have different arms that do investigations. >> commissioner dejesus? this evening, you would like that, or is this at a later
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date? >> you can do it at a later date if you would like. i just want people, i think that we should let the public know how the process works. >> and i will be happy to briefly address it. and when a civilian has a complaint of a police misconduct or a neglect of duty, the public can file a complaint, with my office, or we can file it with the police department and the police department will forward it to my office. and there are several different ways that that complaint with be filed, the most recent one, is we now provide for on-line, complaint filing. and i have a staff, of investigators who are assigned each case, and they investigate the case, by receiving information from the police department, as well as other
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avenues as well. the investigators conduct interviews of the officers, and witnesses as well and at the conclusion of that investigation, and our investigations are, but i am not the hiring entity, chief, suhr is and he has the authority to impose discipline as i indicated earlier up to ten days suspicious and then this police commission has authority to impose discipline, on a greater than that. and yes, there are several tracks, particularly in an officer involved shooting. and one track is with the police commission, that they are determining whether an
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officer is fit to return to duty and another track is the investigation that the police department provides. and conducts, following the officer-involved shooting. and then the occ also, conducts an investigation, relying on, information that it receives from the police department, as well as information that the occ gathers independently through the conduct, of interviews. >> i don't know if there is more... >> that is good. i mean that i just wanted the people to understand the structure that is in place, when investigations are going forward. >> and did you also, add that you can file charges separately, independently, i didn't hear that, maybe i just missed it. >> you did not hear that. >> i mean i don't mean to put you on spot, you can bring the charges in front of this commission or bring the officers in front of this commission. >> if the chief of police, determines not to file charges
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with the police commission, after i have requested him to do so, then i can independently file charges. during chief suhr's tenure that has not occurred. so, that is me asking him to file charges and him refusing. >> i didn't mean to put you on the spot, thank you so much i thought that it would be good. >> she does it in her sleep. >> call line item, 2 c, commission reports. >> discussion. >> commission's president's report and commissioner's reports. >> i just want to report that a week ago friday i attended the graduation for the san francisco police academy. graduated 33 brand new officers 34. okay and it was a great group of young officers, joining the department and it was great to be there and commissioner loftus joined me and so the good news is that there are 34 more officers out on the street and we have several classs in there and the chief gave a really incredible speech and he
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actually referenced the captain johnson, from st. louis and he asked that all of the officers follow in his lead. and be inspired by him. and his willingness to do the right thing and it was powerful and so thank you very much and for the members of the department, if you are watching tonight, get to work. >> commissioner melara? >> yes, i just want to report that last friday, i attended a meeting at the mayor's office in regards to a plan that has been proposed by the members of the latino community, and it is called the road to peace and it is a plan that it is trying to address the violence in the mission district. and so, the mayor's office has been working with this group for some time and i was invieded to attend and the mayor's office has committed to looking at potential sources of
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funding to put the plan in practice and the group has been asked to come back with a specific plan of action, that would specifically look at actually some results in the community, and so, i will be participating in potential move forward. and so i will keep you posted on that. >> great. >> commissioner hwang, welcome back. >> thank you, i do want to apologize for missing a couple of meetings. >> you have family commitments, >> i have been working on police commission, business in the between time i want to report on a couple of events. >> i attended several dinners and i know that the chief and the other staff spent a great deal of time at the far east cafe and i was also able to speak at the police committee
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meeting and i mentioned to the chief before the meeting how impressed i am by the captain and he had a packed room of individuals who he fed baked goods i believe from his wife's shop. >> very good. >> and it was in high demand at the tender loin meeting and he facilitated a great meeting and stayed for hours, and i think that nobody left and feels like their needs were not being addressed and so i was impressed with the captain and i attended a public meeting that was called by the captain, primarily aimed at a lot of the large building owners in china town and he is developing a safety plan in china town in response to a number of the alarming robberies of seniors, and the folks posing as city employees or perhaps, the utility contractors or breaking into senior's hopes to rob them and so he is calling upon the larger building owners to install safety cameras, perhaps
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in a centralized way and developing a comprehensive plan to increase lighting and safety, and change the environment to address crime, following up from that on sunday, following on that, i will be speaking to a large group of seniors about personal safety issues and he is expecting 500 seniors and family to attend and i thought that i would check in after the meeting and see if the occ would be interested and i know that the occ has spoken at this event in the past and maybe about ten years ago and it is a super sunday event, organized by the corporation. and next thursday, september 4th, in response to a very highly successful, national night, out event organized by the tender loin, station, i am sorry by the central station, they are going on to have a second, local night out and that will be thursday, september fourth, 6 to 8 p.m., at the square and they are expecting several hundred
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people to attend and i will be going to that as well. and on a personal note, since i was last with the commission i have changed positions and i am now the deputy director at asian pacific islander, which is a 39-year-old social justice legal services organization that works in the area of domestic violence and human trafficking and immigrant rights and elder abuse. and i also want to know that for the city attorney's office i know that there are a large of advocates tonight including hasan who is established at my office and i don't know if there are any issues that will present a conflict and i will rely upon you to let me know. >> thank you. >> dr. marshall. >> and i think that you heard, director hicks said that i really want to thank sam, and patty lee for coming on the show on sunday. and know the events of ferguson have focused a lot of attention
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on the citizens encounters with the police and i felt that it would be a good time to talk about can and legally can't do and legally can and can't say and wish that you should or should not do. or should or should not say, in those encounters and that the two hours went by way too quickly. and i have already had a number of people already call me and say thank you, can we do it again? and can we do it again? and i talked to the young people, last night, at the program at the club and i actually speaking to a bunch of young people and they wanted to talk about it. and so, it would have been difficult to do, without them, and they were really really
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good. i think that it is something that we have to continue to talk to our young people about in particular, and you know, i got calls from way around the country, it was not even local and one of the things that i we would do and talk about what we would do in the department and the nuances and the shading and the things that we would do in san francisco that may be different in other places. but, you know, i hope that she will be here so that i could thank her publicly, but thanks. and you know, thanks all of the listeners but we got to do it again. thank you. >> great. call line item 2 d. >> 2 d, commission announcements and scheduling of items identified for consideration at future commission meeting. and next schedule police commission meeting is september third, here at city hall. and on september 23th we will be in the central district, we don't have a location as of
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yet, though. >> okay. >> anything, or any future items for consideration, i know that we have got pretty much a packed agenda coming up? anything else that we would like to add to that. >> hearing none, it is time for public comment... >> i just want to remind the commission that i am going to be out of the country from september 13 to october 2. >> okay. >> public comment? >> commissioners, good evening, for the record my name is amelo lawrence. and i have one question and in discussing future meet ands looking at the ago ahead agenda, why are there so many cancellations is that a lack of business, what is the that, and if you are going to discuss the
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future meetings and discuss half of them or two-thirds of them, what is the point? so my question is, and i don't know if you have to answer it or answer my question here, or the rules say that you can't answer my question here. but it is a logical question. and you can't plan future meetings when your agenda is canceling future meetings, i think that is an issue here, i think that i have seen more cancellations this year than in the last three years. >> any public comment, regarding line items 2 a through d? >> hearing none, public comment is closed. we had, and summer, and a lot of the commissioners have family commitments, a lot of the commissioner haves work commitments, this is a part time job for the commissioners and many of us much to the destain of some of the audience here are lawyers, and we have practices that we have to
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maintain as attorneys. and we have practices that we maintain as mental health counselors, and we have young children. and so, it is not unusual that people take a vacation, with their family. also, we are down one commissioner until commissioner melara was sworn in and so we had issues with having a quorum, when you add trial schedules, legitimate vacation and people getting sick, and down one commissioner, it was at times difficult to have a quorum. by i guarantee you that we made our best efforts to have as possible, it is just called life. >> line item 3, status update, regarding revised department, general order, 6.09 domestic violence discussion. >> okay. >> sure. >> so, july 22nd, the department completed what we
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believe is a good draft, and sent it over to the occ for a look over my understanding, is marian has been looking at it and working with the advocates on the same and i will bring up from his prior life, captain joseph mcfaden now of engelside station that the draft was handed over and who was done all of the work with the advocates and the special victims on this thing and so if i can get the captain to come up and let us know, where we are in the future, these presentations will be by the new captain of special victims, captain gracy. >> good evening, commissioners. >> good evening, captain. >> and so, it was about a year and a half that we started this changing of the department general order, for the domestic violence, 6.09, and it was decided along the way in working with the advocate groups, especially beverly up
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ton that we will separate out the general order and make the officer-involved general order and which we have, we looked at our general order, which is 6.09 and we went back with our community groups and for everyone's input and this has been going on for a year and a half and beverly is great at working with us and we came up with something that we believe is ready to go forward and maria in is looking at it just to curtail any concerns that we might have. we actually met this morning, also, and regarding the units, and also a concern of this board before you that we also wanted to address in the future time, we do believe that it is solid and we did add a lot of language, concerning the children and the concern of incarcerated parents as it is comparable to the domestic violence, incidents and we are there for prelty much ready and once marian does the final tweaking on it we are ready to
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go forward. >> miss upton you can come forward and give us your update. >> sure. >> good evening, commissioners good evening, chief. this has been a long journey and we are still on it. and as captain mcfaden mentioned that we started about a year and a half ago, working on an officer involved policy that we hope will finalize soon, with the department and bring that to the commission, as well. but, when we went back to the regular dgo, on the domestic violence, we realized that there were some unanswered issues, and some concerns from the department about the ininvolvement of the child protective services and the domestic violence cases and so we just like the department, we in the community, are trying to put in the barrier of the cps has on the public's willingness to come forward on the domestic violence and we have several
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studies that show that early involvement of the child protective services can be a barrier and one of the reasons that battered mothers will not call the police and so we entered a very respectful discussion with the city attorney's office, from both the police department, and hsa, the community, and i want to thank, everybody who has been at the table, this policy has come a long way. a long way. and so i want to thank everybody that was worked on it and there is still a few issues that i think that we can hammer out before it comes before you for a vote and i think that some of those you will probably hear from occ, but i can tell you that some of the concerns that we still have in the community, are just what captain mcfaden mentioned more communication, with the victims and their families, and ongoing relationship with the police department. and that is also, very, very important, in case the case does not move forward.
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and you have survivor and their families out in the community, that are not sure. and so, there is always been a gray area, we think between the police department and the district attorney office but this is an opportunity to really codify how the police department can stay in touch with these families because as we all know there is rarely one incident of domestic violence and so we want to make sure that that relationship is strengthened and nurtured and so we think that we would like to work with the department a little bit more on that and also when a case is dropped, we have brought a couple of times, to the commission, and certainly, we have spoken to sfpd, about perhaps, survivors, being arrested, in defensive situations. or, perhaps a mistake. just a mistake was made. we want to make sure that a accept mri mental report is filed as soon as possible to close the case. so the, for example, if a
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survivor was arrested, that he or she could start receiving services right away from victim services in the district attorney office. right now, if the case does not move forward, there is a long gray area. and, we found out today, by meeting this morning with the captain and our new captain, gracy that the supplemental may actually being filed and put in the file, in a timely manner. but we have to make sure that there is enough communication, where everybody knows that, that the survivor knows it and that the family knows it and that the district attorney knows it, and so we can get that expunged and we can get them services as soon as possible and so you can imagine, nobody wants the wrong person to be arrested but it does happen and we want to make sure that that is taken care of as soon as possible. and i would say that the other issue that we are still working on, which we have another that
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are addressing it, that would be the timely, taking, and the mrils rments being taken for lep survivor and that is of every crime but certainly in the community, that we are representing, we are here, for a survivors of domestic violence in sexual assault, when they come into a police station, we have great policies, available. language, line, bilingual officers, you know? and so we want to make sure that that is presented for the survivor right-of-way. so they are not waiting at the station, thinking that their report is not important. all of that being said, the cps, child protective service, involvement piece of this has come light years, and i want to thank everybody that was so open, to hearing what may be a barrier that on the face of things looks like good policy, and so, i think that we are very, very close, and i79 to thank the samara and the occ,
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and the captain, and rachel and the attorneys for both of these documents and kandel from the department on the status of women and certainly the community that remiepds us that we speak 100 languages and we have a lot of work to do but we are doing it. and i also want to join with the chief to say that we have suffered another domestic homicide and we will be together and holding our breath to find out what the out come will be. >> thank you. >> captain, so, mismarian, is that where the dgo is currently? >> correct. >> and when is it to come to us and when is it schedule for review and vote? >> well. >> it is not currently schedule. it is just wherever, we took as long as we took, so that we don't want to put the time on miss marian so maybe director
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hicks could offer that one. >> miss marian received or our office received the draft while she was on a well deserved vacation. with the department of the community but we are close. >> i wanted to sort of hear a
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little history, and i mean was this the order in place? and you were looking at a revision, or you are revising something that was revised, i was not sure. and i am just,... >> you know, my colleagues in the department may know that answer. more than i do, we were working on the officer involved, and in december, of 2013, came to the table that there needed to be some and the conversation started there and so, any previous policies we were not and i was not involved in and so i am not quite sure but i will say that when we first came to the table there was a, and the folks were considering making a call at every call before even the investigation was happening.
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and so, that was a very early start, in place. we did not stay there for very long and of course, you can imagine and you have had a career in trying to balance these family issues. but, we were quite concerned, because in a small community, it may only take one call to cps, that could put or have a chilling effect on an entire community, and being willing to call the police. and a lot of women would rather stay in danger themselves than be afraid of having cps involvement. and so, in a community so rich with community-based services, rally and supervisor visitation and all of the centers in the bay view and we just think that there is a lot of opportunity and a long way to go before we have to make that call and so we just came to the table and we were totally listened to and we hammered out something that i think is close.
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>> i don't know about this recent homicide, were there children involved? >> commissioner, i don't have that information, my information is that there is just a couple. >> thank you. >> commissioner hwang? >> thank you. >> and one general question, it seems like the revision of the general order is going forward with the occ review but then how about the officer involved piece, is that still being crafted by the department? >> that is on a parallel track, but it is also very close. >> and one, sort of suggestion, that if there is a supplemental report that being filed where it clears the survivor, could we make a direct referral to police legal to calendar the finding of innocence, and maybe it will be a police legal triggered to do the actual funding. >> just for a quick explanation on that, is when any case is
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done, across the board, investigations for the san francisco pd, and the case closure has to be made to close that case out after it has gone to the district attorney, in case wheres it might be the victim who was falsely arrested, that that we would then go forward and help the victim to get that expunge and allow them to get that record expunged if that is what is necessary. >> there were no children involved in that, and it occurred in my district and it was my first and hopefully my last and with the intervention program that we want to put in to place, what miss upton was talking about was in the general order is for the officers responding to the first responders but we are talking about is after the fact and after the investigations are done, and it is how the investigators keep in contact with the victim and let them
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know what happened with the case and whether they were arrested as a suspect and it became later know that they were victims and that the inspector's job would then be to contact the victim and let them know what happened with the case. >> i don't mean to interrupt you. >> and that is something that we were going to address in the future, with the unit order and that is already in progress and we talked about it today and a very simple fix to that and it is separate from our general order. >> okay. >> i just want to follow up and commissioner hwang, does the district attorney has something called the wrong person arrested and set in motion the expunging? >> and the survivor whose have immigration issues and it is important to get the arrest off the record and you don't want it to show up and the only way to do that is through the funding. >> the wrong person arrested to help them move forward. >> for the expungement they
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have to get before a judge and have to go and schedule a hearing date to go forward and we will provide at the special victim's unit any reports and documentation that they need, and they can simply get it at svu. >> anything further? >> marshall. >> this is a comment, more to the public. at times to seems to take a while to get these things done, but generally what we have seen because they have gone through this vetting process, with all of the parties, and when we get them, they seem to be pretty airtight, so be patient. and all of the bugs have been worked out and agreed upon and that will be the language access or any of these general orders, and so we will get it and it will be good i am pretty sure. >> thank you. >> any public comment, regarding this department general order? and it is not really before us tonight. >> an update.
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>> good evening. >> good evening, commissioners my name is mimish, and i am the director for the department on the status of women and i want to echo the thanks to the captain and sergeant for involving the community and the department and being able to give the feedback on this policy. i agree that there are important changes on the piece of when to refer to the child protective service and one piece that we think is important is that the parents should understand in which circumstances there is going to be a referral to the child protective service sos that they can understand the consequences and so it is really important that the criteria that are laid out are very clear, both for the officers who are going to be following this policy and for the parents or the guardians who are affected and in the current version of the draft, there is still a criteria that refers to criminal threats defined by the li