11464, and following and i think that the way that i am thinking about this is this proposal does not create any new duties upon the officers to report to cps, in fact what it does is it limits the abilities or provide more clarity to the officers in the reporting to cps, to cases involving factors of lethality and i think that is a wise way to limit it and i think that for the folks and i understand the concern from the community, that the messaging that may go out is that this is creating a new situation under which a police officer is going to call cps and create that effect, but, i think under, again, sort of the child abuse neglect and reporting act, officers are mandatory reporters, and they must call the police and they must call cps according to this law that i looked at whenever there is a reasonable suspicious of neglect and that is pretty general and ambiguous language and i think that the intent of this new general order is to give the clarity to the

officers. and some very clear steps out in the field, as to under what circumstances the situations that they should contact cps and in fact, it is limiting the number of circumstances, and not in every case and i think back to my days as a public defend and her i look at the number of police reports in which the officers are called upon to exercise their individual discretion because there has not been that kind of guidance and so you will read the cases and i will banging my head against the wall and why didn't they call cps why did they call cps this did not involve the kids in any way and this was not a case where cps should have been brought in and i think that in general, this is a good, order, in that it tempts to give, again, the officers more clarity and a little bit more objective factor business which they can consider each situation, and when they should contact cps and i think that i hope that the messaging out to the community in particular, to the women and who may be

discouraged from contacting the police due to a fear is that this does not create new rights or a new opportunity for the police to contact cps and in fact it is sending a stricter guideline and i think that is how i look at this law. i think that where i am torn still is i am hearing from the dv community that there is a feeling that there could be improvements upon this language and i think that as i pointed out, i am, i was a little bit torn and i don't want to be knitpicky about that option seven and i think that the objective is to give more clarity that is why i didn't like the idea of mixing language which i see from dui cases with a higher standard under the penal code, 647 and i guess where i am torn is that it better to pass this now and fine tune it in 6 months, or it better to wait a little bit of time to fix that language and i don't know which one sends a better message out to the officers, if the general order goes out to the officer to sort of train because it is a

complex policy, is it better to sort of retrain in six months and saying that this is a better way to do it and or better to do the fixes and send it out once? but i think that my concern with waiting is that the individual officers out in the field are making this judgment calls on a daily basis and perhaps, continuing to exercise discretion that we may or may not agree with in the absence of a more objective policy. >> commissioner marshall? >> and here are my thoughts and my first thought is i am just always just surprised and amaze and something and, sometimes a little dismayed at the, you know, the positions that the officers are put in. i mean, you guys when you go out there, and, you walk in to all kinds of stuff. all kinds of stuff and let me just take it to where i was. and when i became a teacher, i

thought that i was going to teach math. and i found out that i was the social worker and a parent, and i mean that i had to be everybody and i could not teach math just because i was in the nexus of human behavior that is where you are at with it, you are walking into situations that, you know, you are, and not necessarily trained for, but i would even, you don't necessarily ask for and you have to get something together to deal with and this time it is the domestic violence and so, and i know that as an educator and i had and we had to come up with ways for me to deal with the stuff that showed up in my classroom, you know the kids with marks on them and they had to do something to tell me what to do. because, there was a need and in many ways, and any time that

we get something like this, and you have the situations that occur and you are in the nexus of all of this, and you don't run cps and you don't run fcs, and but you had, and you, you know, you are in all of that and to me, all of these general are ways to come up with direction for our officers when they come into the situation about what to do. you know, you pull together everybody that you can and you sit down and it is never perfect, it is never perfect it can always, and it is always going to be you know, you can make it better and you can make it better. you revise it, and it is interesting, when i hear about this distrust, and on the populations for the cps or fcc nobody knows better than the department about the distrust for the agency, and so, with all of the concerns that have been raised and all of the

caviots i think that it is bet tore put something in place, and you can have something, and you can work from it and you can work on it and you can work and but to have, you know, something that is not in place, to me, is not necessarily, the way to go. so, you know, with all of the work that has gone to this and all of the people approve it it is not perfect and can get better but i think that this is a much better position that then we were before and i vote to approve it. >> thank you, commissioner. >> vice president turman, and yeah. >> i am sorry, commissioner mazzucco also will be next. >> sorry. >> and i certainly want the conversation to continue. i want the conversation to continue tonight, but i cannot think of anything more to add than what my fellow commissioners have already said, i think that it is important to get something to start guiding our officers immediately. i think that improvement, and i think that a step by step

process, and keeping the dialogue open, and i don't even know if we have to necessarily wait 6 months and we will have to see how things develop and we need a guideline to come back and certainly revisit. and i would like the conversation to continue, but i am going to move that we approve this dgo 6.09. >> okay. >> but we do have a motion and i know that you want to speak and do i have a second on that motion. >> second. >> okay, let's have discussion, commissioner mazzucco, did you want to? >> no i just want to say that i want to thank everybody for the hard work and especially you president and all of the advocates out there and in the beginning who are these people in we know who these people are and we worked with you for years, and i want to thank you for everything that you have done and it is awesome. and this is an incredible piece of legislation that we see here. but like my other commissioners felt, we are getting to that point where there is legislative paralysis and i agree with the vice president that it is time and let's put

something in place and put it to work and see how it bobingers works out there. we are open to making changes, we just came full circle back to our first responders, and to the domestic violence calls. and i believe that we give them great training, and they seem a lot and you have heard from the captain what we shaoe out there and the terrible things that they see, and i want to leave it to them and gives them enough discretion to make that decision and to contact the family protective services and the other professionals involved. and i am sorry to that there is distrust, but we have to work with that and i thank you for your hard work that you do there. but i want to leave it to the discretion of the officers and we need to give it to them to go forward. and i would second the motion and i am prepared to vote. >> and anything else from colleagues? >> and just, yeah, just... >> just, and maybe not a small thing for the child protective services, but you might want to

consider, also, gathering data, as to what, and how many cases of domestic violence that you respond to, and how many children are removed from these families, and as well as possibly, having a specialized unit, in the domestic violence. >> i do hear that we are coming back in six months and there is an agreement on behalf of the chief which is smart to have a conversation about the data that we should keep and monitor. to make that draft and a, more understandable and b, include, information about advocate and anybody who wants to join lacasa too, i think that it is really important. and something that we do and

something that is written about, but the reality is that this order is landmarked, and in the way that it talks about two things that san franciscans care about which is, making sure that we can talk to people in the language that they use, and that they understand, the process in particular, of vulnerable victims and this policy does that. and it also reiterates that this department is not immigration officers and you should call the police if you are in danger and we don't care what your immigration status is, if you are in a fender, what we do care is that you all and there are so many parts of this policy, and i appreciate the colleagues and the questions and i appreciate the community input and i look forward to look at continuing to look at if this passes and how we roll it out and so i am going to call inspector monroe, call for a roll call? >> motion on the floor made by commissioner turman, and the seconded by commissioner melara to approve the general order, 6.09. and do a roll call vote. >> president loftus.

>> aye. >> vice president turman? >> aye. >> commissioner marshall? >> aye. >> commissioner mazzucco? >> aye. >> commissioner dejesus. >> aye. >> commissioner wong? >> aye. >> >> commissioner melara? >> aye. >> the motion passes unanimously. >> okay, thank you, colleagues. >> and we have to, and as what alluded to we have another policy that is on the same topic and so that is the next item, on this agenda and inspector call the next line item. >> line item 7, discussion and possible action to adopt

department general order 6.20, member-involved domestic violence, or to take other action if necessary. action. >> do you want to take a break? >> okay. >> and so, we have the next item before us, which is the departmental general order 6.20, member involved domestic violence, this is a completely new policy, and it is the best practice, and in policing to have a policy that is specifically calls out how you investigate and handle the officer involved domestic violence, and the chief pointed out that there are provisions of this that prohibit anyone from becoming a officer who is convicted of an incident. and and it calls out, how and it is important that it might have been clyde earlier who said that these are the types of cases that we will not

tolerate being swept under a rug and so having this, given the late hour and i know that you have a powerpoint, presentstation, with a number of slides, but my colleagues, did ask that you be as sisnyt as you can, i know that you have that ability as you can. >> absolutely, president. >> >> we wanted to address it because of the severity of the officer involved domestic violence and the firearms and the laws of authority, and knowing the system and computer access and so that was addressed completely in this, and i don't believe that we are going to have much opposition to this. but, because they are so specific, there only has been a few, sfpd officer involved dow mist i can incidents, and we

have just decided to mandate, exactly, what is necessary, in these. and so, with further adieu, we realize that it is a very important aspect in looking into these and we want to deal with it as a crits cal incident and a general order, 8.01 and so i am going to fly through these, if you have questions, stop me, we understand that it is sensitive, and confidential and we have learned from the past mistakes, in dealing with the officer involved dv, and we do up front, state that anybody who has a conviction, of dv, will not be employed, and we also in addition to the policies, and general order, 6.20, all members who respond to investigate, a member involved dv, shall adhere to the policies that you just voted in 6.09 and so that adheres to this policy here. and what is important, here is the first response, and so, if there is domestic violence,

report with an officer involved, and what we did is we focused exactly on this kind of a go-to, list for our officers, for our supervisors who asked to be notified, and we broke it down exactly, how it is supposed to go down, and giving an easy protocol for everybody to follow and documenting just like any dvc, when they get to an officer involved one and documenting the observation and actions in writing but most of all the first thing is notifying a field supervisor vicer, and the dov, they have to notify the chief of police and the commanding officer of the member involved and the commanding officer of the district of occurrence, and the commanding officers of ia, and of ia and of svu, and the night captain, and make sure that crem and d, in working in conjunction with svu will do a thorough investigation on these officer involved. and if another agency reports a member involved dv, the member

receiving the notification, shall immediately notify a supervisor, and the supervisor will insure that the proper notifications were made as described in the order, and so, and it breaks down exactly the duties of the supervisor so there is no question as to what they have to do. and so, first they have to respond to the scene and notify the senior, ranking officer on duty at the time and then insure that all notifications are made. and as the senior ranking officer and insure that everybody knows about it and is going to be in an immediate response. and some of the things that we see is the collection of evidence, and the isolation of that officer and getting them out of the scene. duties of the chief of staff and we broke it down and it is general order and we added a caviot based on the chief, of tacoma washington who was involved in the homicide of his wife that if it were to involve the chief of police, that the

mayor gets notified about that and, so we have everybody accountable throughout the police department and no matter who it is. and this is probably one of the first in the country that actually does that. so, upon notification through the chief's office and through iad there is the duty ts of the superior officers, whereby they have to make sure that we conduct a separate criminal and an administrative investigation, and both have kept confidential. and with the state laws that the department of policies and place. the criminal investigator and the im investigator has the primary responsibility but as it was when i was back at domestic violence they will come to svu or domestic violence at the time and they will advise during the criminal process to make sure that all bases are covered and all proper resources are checked. and so, they are going to help with the resources procedures and case law, and studies, and this will also include in going to the confidentiality, of taking this case, forward to the district attorney office for the prosecution of it.

and the primary responsibility for the administrative investigation, may include disarming the member, reassigning the member immediately, taking away the access to the data bases, of anything that the officer currently has, and adhering of course to the police officer bill of rights as required by the state law. and in the event of a member involved dv homicide in san francisco, the homicide investigators take over as and shall be notified and will be the primary responsibility for the criminal investigation. and the administrative ones still lies with ia. and there is nothing new there. duties of the member involved, in the incident, and when named as a restrained party he has to notify their commanding officer immediately. they have to surrender their firearm and id and everything else to the commanding officer and surrender also electronic devices that we have so we don't want to have any access to that officer in any data

base or any smart phone or anything to that effect because we don't want them getting any information about the victim, especially because the most important part is that we are going to protect the victim and keep them isolated and get them away from the officer involved. the chief's office will review the members access to the department data basis temperature and so what we did is we put in there a caviot if they are assigned to the report room they are not going to be able to access the criminal information that they could have very limited for like a report or assigned to report duty and filing things like that but nothing that will lead them to identify where the victim is, or any communication with the victim whatsoever. one of the things that we had in an old case was in the court proceedings, we don't allow any officer to come to the court proceeding of the officer in uniform. because that may taint a jury and may taint a prosecutor or a

defense attorney that could take it as being supportive for the member involved so that we have taken that away that they are not allowed to go to court unless subpoenaed by the prosecution or with the chief's specific orders. that is going to be iad in suits and we are talking about officers trying to go to support the member involved in uniform and making a grand stand and that is now out of the mix. and they are not allowed to have any influence over that by just playing star or anything else to try to influence a jury or the procedures of the case. >> and that is it, in a quick nutshell. >> colleagues, i can't over state the significance of the department putting this policy out, there is a significant history of a policy like this coming after a tragedy, or a hor rif fix thing happened where the right procedures were not followed, i am not aware of any policy that is with the support of the number of

agencies that did support this and the occ and the police officer association in particular, and everyone is speaking with a unified voice that there is no excuse for the domestic violence and it includes our officers and makes it certain that we have the clear provisions in place that we recognize that there could be advantages to the access that they ve and address those in the context of this crime and i think that the department is in conjunction with the leaders that we have heard from tonight are taking a progressive step forward with a very strict policy of no tolerance for domestic violence and i would ask if anyone has questions. >> is that you chief? >> yes. i want to ask you what president loftus said and we didn't not mention it in the other order but poa is also at the table all the way along here and marty has been great, and i think that a lot of people would think that a police officer union might shy away from something like this. and they stepped right up, because they too want to have

us be that police department and also, what the p president spoke to was that nothing happened within the san francisco police department, or to prompt this, and order but it was actually a conversation that we had with beverly upton in her very warm subdued way when she sort of said why not? and so not being able to come up with any reason why not. it became we should. and so, we are proud that we did. and so, thanks beverly and last but not least, i did not mention since we are passing out some credit i got to give deputy chief, tomioka very little moves in the san francisco police department that does not pass in and out of her office and we don't talk about in the early morning before most of the other people get to the hall thank you. >> thank you. >> any questions? >> for the department? >> and okay, so, public comment, on this matter? >> i am sorry. >> commissioner wong?

>> one question, is there is a reference earlier to the hiring provision, to the domestic violence offense, do we know, so that is like if anything is pled down. would it include child abuse? elder abuse? there is a guy that sits in my office that will make that call. >> okay. >> and i am very comfortable doing it. >> okay. >> commissioner melara? >> this is the history in the making so i will say, i move that we accept this general order. >> and i will. >> and i appreciate that, and the enthusiasm is noted but we do need to do the public comment first. fe. we have beverly upton here for public comment. >> thank you, commissioners, and beverly upton, and i am just so proud and honored that we could bring this issue to the chief, without any anything to spur it, there was not a

tragic incident that brought this on. and i am so proud of the work that we were able to do with captain mcfaden and deputy chief, and we looked at 9:00 policies across the country, and joe and i literally went through every paragraph of each one, to see which was the best, and then how it needed to be shaped to meet the needs of san francisco and it was a long, process. the policies included tacoma who had a terrible shooting a homicide, and by a deputy chief police against his wife, and then he took his own life and yes, i will say, in front of their children. and that policy went on to be washington state's policy, and their attorney general adopted it within a year and we looked at that and we looked at baltimore and we looked at florida and that went on to the florida state policy and we looked at wisconsin and we also looked at the international

chief of police model policy and so i feel like we are making history and that we have the best of the best. and so it is so it is really an honor to have worked on this for so long, and so often, and come out with something that i think that we can be so very proud of. so i am just here to support your vote on this, and i look forward to its implementation and i appreciate the work done by the poa on this as well and the city attorney's office and everybody involved. and i think that we can all are very, very proud. >> thank you. >> thank you. >> good evening, commissioners, chief, i am still jackie bryson, after all of these hours and i am very glad that i was able to stay and unlike some other people and listen, i am the girl who wants to have all of the facts in before i make a decision. my decision is good job.

i am very proud of my adopted city of san francisco california. and i am a native of berkeley. and i can't see berkeley doing this. i just can't. this can happen only in san francisco, because you do look for the facts and you go to all different resources that you can possibly find and some of the resources find you. and that is one the reasons that besides the fact that i am permanently excused from jury duty, i continue to live in san francisco. and this is a very important step because more often than not, only in san francisco, is a bad thing, and well, this is the time when only in san francisco, it is a good thing, and it is like i said to steve jobs at a cocktail party down in the silicon valley, only you could have invented the apple computer, with the aid of steve

(inaudible) of course, because the environment was conducive, he was living at home, he had no rent, and he his mom still did his laundry and did his meals, which meant that at 3:00 in the morning, and if i had an idea that it works on it, and there was no cat or dogs or kids and no wife. and he was able to cook, and the apple computer thing and make it happen. well, in san francisco, you guys have these various i call them things in life and you manage to get the job done and in such a way that you are still listening to people saying, you need to do it a little bit different here, or apple wanted to hire me to translate their owner, manuals into english and so i really did relate to the ya, you need to translate this into english, with the quotes. and so i am looking forward to

the commission moving forward, on this. and see where things are in six months, but, good job, >> thank you. >> hello, again, (inaudible) and i am really excited to just, you know, to try to practice giving honest and direct feedback and it is exciting to be able to come up here and say like, thank you, for writing such an indepth policy and we are excited to support this. and i think that it goes a long way to have the police department recognize that domestic violence can happen in any relationship and to be proactive in setting a policy that is a national sort of precedent. and have something that is so indepth and thoughtful and i think that for our members and our organization, it goes a long way to see, the police commission and the police department taking those actions, so thank you. >> thank you. >> any other public comment, on this matter?

>> hearing, none, okay, and we did have a motion on the floor, and i see that some of my colleagues for discussion want to discuss and so commissioner turman. i was going to move to second. commissioner melara's motion. >> so commissioner melara made a motion and we have a second and i see that chief suhr would like to have a word. >> yes, i just want to know that i have been doing this and i want to give one more shout out and that is when we first sat down and started to try to work on these two orders, they were one order. and we were very excited and it got really thick. and so, we commissioned sergeant crudo who does the officer involved policy and i asked him if he could do the best that he could because he is really good at taking things apart and being thoughtful, and he is also, got the confidence and the captain mcfaden and the group and so he was the original one and they don't look anything like what john did at the time but he is the one that separated them into two orders. and i just thought that he

should get acknowledgment for that. >> we, yeah, i think that i can speak on behalf of my colleagues, he is a legend and so good for know that he was helpful here. okay. and inspector monroe, could you call the vote. >> sure, we have a motion on the floor, made by commissioner melara. and seconded by commissioner turman to approve the department general orders, 6.20. >> can call the roll. president loftus? >> aye. >> vice president turman? >> aye. >> commissioner marshall? >> aye. >> commissioner mazzucco? >> aye. >> commissioner dejesus? >> aye. >> commissioner wong? >>