>> good afternoon, everyone. ladies and gentlemen, welcome to the monday, july 27, 2015, regular meeting of the san francisco ethics commission i say regular meeting that was essentially contemplated that this meeting would be cancelled because we school one in july or august but because of the need to have public button the two items on tonight's agenda we decided to go forward tonight i will first call roll commissioner hur commissioner keane councilmember gloria's and the

executive director have been excluded from tonight meeting i'll tell you that some the gentleman didn't have to abstain himself we'll switch the agenda items number 4 will be taken up first that is the ballot measure statement and then we'll take up the agenda item number 3 that deals with the recruitment profile so agenda 2 public items appearing or not appearing on tonight agenda. >> good afternoon, commissioners i'm charley for the record you have my e-mail where i suggested

respectfully you might consider amending our bylaws for the purpose of having a consistent provision in the law for filings to proceed all legislative and other important types of things which you do including placing initiatives on the ballot to the public has a clear idea why this particular measure or act was taken with that said you can do easily by a majority vote that applies to all the areas in the administration something you do anyway as a matter of progress it would be a useful thing and signal to the public this is a matter of the bylaws and this is standard so the public will have

that assurance that is a good faith gesture a that's my public comment. >> any other public comment? turning to item number 4 discussion and possible action on future commission activities relating to the expenditure lobbyist ballot measure you've all received i think hopefully, the amended copy of the proposed ballot measure which was somewhat changed from the original that was i think sent out when this agenda was sent out and in any case we also have received a memorandum from the city attorney's office southerner the restrictions that have to govern any ballot

measure language we place on the ballot on the yes - in connection with the proposed legislation and i will let city attorney andrew's just summarize i think the copies of memorandum he escalated to the commission are available to the public so you that will understand and get a little bit of combines as to sort of the restrictions and limitations what we can and can't say in the ballot measure establishment. >> deputy city attorney andre i'll try to be brief my apologies to the you been members of the public but i'll be brief certainly the other

commission has submitted a bloo measure for the ballot to weigh in with the measure that was discussed in the memo the first we're discussing tonight the ballot argument from the decision voter apartment the second the commission ballot hearings that is taking place that will be considered by the committee on friday morning and a third, the more likely as we post the november election day mercedes benz e members of the ethics commission having may have to speak to groups in the newspapers editorial boards, members of political neighborhood clubs and the democratic republican party they

may simply invited people to talk about the measures as a general matter our advise to the notification and really all city officials and staff who are involved in the ballet measures heading to the voters for consideration there certainly can provide background motion o information, context and explain why the measure is appropriate and a good idea, what the measure is intended to address that while governments can provide or play the information role with the ballot measures before the voters they can't cross the line into more explicit mini or related activity like sending out glossy mailers you know disturbing as that are sort of normal such

campaigns and certainly tonight's ballot is one piece for the information to the voters and certainly i'm happy to help the commission go 0 through tonight's argument and the measures. >> thank you with that, i'll open up the decision to the commissioners as to the draft that you have as far as the ballot measures before us tonight commissioner keane yeah. i need just a little bit of guidance in regards to what we can and can't is as commissioners in regard to the ballot and the whole election process and reporting process if for example, we're contact by

a reporter and the reporter asked what is the measure are we allowed to give our vrpdz of what the measure is. >> yes. you can certainly respond to requests what is the measure trying to he'd and do any factual information about the bloltd is provisional. >> i'm not in trouble u trouble i pointed with a chronicle reporter a couple of hours ago. >> i'm happy to plead for you. >> in terms of estate what is in it what the factual background even how about what the debate was we had and in terms of reporting rather than campaigning or arguing in favor of something giving history how

people appear to look at it while it was being debated i ask this mainly i've done a fair enough of tv and radio commentary on legal matters and i don't know where i should keep my mouth shut are get in trouble as a ethics commissioner what i can and can't do in regards to history i think so and not certainly campaign or nothing like that it wouldn't be appropriate for any of us or engage in matter of debate either pros and cons what about talking about history and talking about various things like the state of the law in the country in terms of citizens united and what is left to us in

terms of the disclosure of lobbyists as opposed to any prohibitions a payment of money i ask that also with my constitutional law professors in terms of talking to members of the public about that - can you give me some guidance i don't want to get in trouble. >> a couple of are 24rer8d matters we'll touch on one of the things we recommended in the memo is in response to those inquires you'll get from the public more and more often as the november election certainly one thing the commission wanted to establish a protocol that is up to the commissioners segregation e discretion you can think about second in terms of what you can and cannot do say

for some guidance on the third page of the memo we provided 3 bullet points to provide factual information should void campaign rhetoric or slogans and not explicitly you're going to vote one way or the other certainly another information that don't violate any of the rules 2, 3, 4 referencing what the debate was i think certainly mentioning what the issues were before the commission certainly some decisions the commission had to make with seismic provisions of the measure you certainly can relate the pros and cons the different sides of the commission debates that is perfectly fine with the context that is harder to define i guess it depends on what you mean by

sort of the larger debate and certainly it you want to start talking about citizens nieptd it are more in campaign restrictions as a supreme court ruling about expenditures and not about lobbying now this is not in the case people but united and the measure the commissioners put forward to the voters. >> okay. he think i'm okay. >> certainly as we go forward i'm happy to talk with the commission or any individual members what is or not appropriate mentally can't be crossing the line. >> i mentioned citizens united because of the importance of disclosure and transparency are the only things that seem to be

left of governmental regulations relating to spending money by lobbyists after citizens united and so since we don't have any kind of reigning in on the vast amounts of money in public forum disclosure would appear to be something that would the public would want to shaken or look at with a color eye in terms of protection of the public in terms of what is going on out here in the location process. >> yeah certainly, certainly that point is well-taken obviously the united disclosures is important in terms of campaign financing and oversight

i guess the one argument you may in invoking citizens united is a bogey man in terms of the issues we deal with with and didn't directly relate to the lobbyists issues. >> okay. thank you mr. chair. >> any other commissioner comments. >> thank you commissioner renne in light of the memo from the city attorney i have a proposal we use the finding that are currently in the existing ordinance and slightly modify them to serve as the ballots description i think that is as factually complete as proposed i think it is a little bit left

argumentative and given the city attorney's advise about trying to be as objective as possible in the proposal 0 i think this pretty much meets the requirement the finding i'm referring to in section one on page one and with slight modifications let me premise it some of the proposal came from here in any event and i think with anywhere modifications we can accomplish the purpose as and so forth in for the voter information passed. >> the minor modifications i would make relate to the last -

the start of the last sentence an page one the city requires the disclosure and change that to this ballot measure seeks to protect again, just making it so it is- discussing what the ballot measure would do rather than what it as already done similarly in section c of the second line after the com ma in decision making i would add the ballot measure soaks to explores rather than the inaction of the ballot. >> what page. >> on page 2 and that's line 15. >> and what change would you make there. >> i would make the change after the phrase decision making

a correct. >> i would put the ballot measure seeks to rather than the ballet measures would do. >> and then finally in d although this is a picture i would change on line 21 this ordinance to this ballot measure. >> the only other substantive difference may not the only one but perhaps the most significance the dollar amount is not currently included in the findings i'll have no objections to including that but otherwise i think this accurately and relatively and i am partially provides the message we need so what you would suggest is

that we adopt as a ballot measure just the language of the finding start on line 22 on page one through line 25 on page 2 the - changes that you suggested. >> correct. >> any comments? >> commissioner renne if i might add past the city attorney or staff if they have thoughts on that. >> yeah. one thing i'm trying to check quickly the wording if you could give me a second. >> it is roughly the same length may nobnotenotott be not

>> yeah. i don't see is word limit it seems intoxicate roughly the is that you. >> you want to make a motion? yes i'll move we adopt the finding starting on page one line 22 through page 2 line 25 the amendments i've proposed as

the ballot measure proposal >> second. >> any public discussion. >> hello commissioners. i'm larry bush the one thing not in the finding commissioner hur mentioned this proposal reverses something that is the law we refer on page 2 to in many years lobbyists have been required to file but it didn't it is a is that that measure is intended to restore sdoeshz that had existed in san francisco it is important for the public to see a restoration didn't - thank

you. >> i'm bob plant hold a couple of points first on words when i heard from commissioner hur that is the proposal that is a different matt haney than proposed ballot argument i could take this to mean a substitute legislation i ask you to clarify he didn't say proposed ballot argument i'm brought to my attention so, now i wanted to get 0 on to the questions of presentation about responding and when i was an officer i'll jump to the end after the protection was over and i the a major interview in the city attorney's office dennis herrera passed by me and said congratulations bob you didn't fill in the blank up on the

interview and the presentations those restriction are at needing to be burdensome i ask you to despite someone on friday morning i do and stood figurative to answer questions about matt haney and i'm urging the commission those staff are knowledgeable and the attorney you're the folks that will interpret the meaning and answer any questions i answered questions about the meaning of the words of ballot simplification i think it would be helpful as to presentations or responses to invitations to speak here again you're going to find if you do both groups are disappeared one veterans groups do you want us to support it

they couldn't accept the fact to sacrifice neutral i said what is the effects if it were implemented and changes in various ways i'll mention you'll get people that want to push do you like it they ask all kinds of probing questions to ask you to step over the line i hope you folks speak up this absent ever anybody makes the voters of that group question well, why is it posh if you're not there to represent silence can indicate lack of concern, lack of commitment attending those groups to comment from a neutral stand out informs the voters connection to benefits thank you. >> thank you. >> gloria killian good evening,

commissioners mark solomon if memory serves from 2000 the limit is 3 hundred words for the argument and 50 for rebuttal but it's been more than 10 years i want to start with mr. bush's comments the passed law to what mr. plant hold said whatever the commission didn't put this on the ballot it speaks for itself where whether or not people should vote for it thank you very much. >> charlie i would repeat i think what everyone else is saying your sanctuary as a representative before broupz groups to refer to the history and jen us of this section of

law coming back to the voters restoration so i think that answers a lot of the questions in the publics mind as to where it came from you can explain perhaps why it was repealed under simplification purts but a need for this to come back into law that would be my recommendation to you that's probably the way i'd handle it if you were a commissioner. >> thank you. any other comments? >> commissioner keane. >> yes. i mr. chair, i would ask commissioner hur whether or not he would accept this is a friendly amendment some language shows indeed that was a

requirement that the city had until 2010 and it was changed there were restoring it that had no requirements that was a big part of the discussion i think that is a big part of emphasis and contractually conceptual lists it we talked about the fact that san francisco is really an out liar by not having this type of expenditure lobbyist protection every other jurisdiction has it it would be good for the public to know we're restoring something do you have any spot in that language where we could - i think we all agree with that suggestion. >> i was trying to find it i couldn't.

>> i have one commissioner and i agree commissioner renne with our suggestion i would put it it right before the sentence on line 17 i'll add a sentence is this ballot measure reverses the requirement public disclosure of expenditure by expenditure lobbyists that existed in san francisco until 2010. >> just one clarification so actually, the executive lobbyists was in 2009. >> it was. >> yeah. just to clarify. >> would you repeat. >> this ballot measure reverses the requirement of public disclosure of spending by quote

expenditure lobbyists quote/unquote that existed in san francisco until 2009. >> thank you. >> the next sense sentence it is not unique to san francisco. >> in terms of following up on i'm not sure where the commission was if you want to include a medication of the explicit $2,500 threshold i very specific language if you want it i don't know if the commission wants to include that. >> i'm on that issue if you want to include it but you don't i did not feel it was essential. >> so it is clear the motion is adding the language that is going to go in the voters pamphlet for - if the commission concerning the ballot measuress. >> sorry for my lack ever

clarity on that. >> i'll call the >> all in favor, say i. >> i. >> opposed? carries unanimously before we leave this whole subject matter, however, after discussions with the city attorney and having read his memo i think i would be inclined to ask mr. mini art to be the one to represent the commission before the ballot simplification and also be the spokesperson for the commission one because i believe he probably has more familiarity of ins and outs of that legislation than certainly i do

and i for my own position i would be more and more most comfortable referring anyone that asks me he's the spokesperson so i don't run afoul of using words that the city attorney tells me are loaded words or words that are campaigning i have to say what he first discussed this subject you mean we can't tell you voters we're in favor of that it was intuitive active we have to say as i read the memo we can't he's right we are restricted from

advocating for any ballot measure no expectation to those we put on so my suggestion to the subject what other commissioners feel we designate to the deputy director to be the spokesperson to address the concern that shows that the commission isn't behind it or not enthusiastic about it because we don't attend the community meetings or we don't respond to the press i think that is sufficient to tell them under our ethical obligations we can't but i will open that to discussion. >> mr. chair. >> commissioner keane i'm

having a lot of trouble not that i'm not going to go along with everything you've said not the fall but u fault but on a logical part mr. speaker, in terms of your orange e original statement a question for the gentleman we're the notification ethics commission we have put forth unanimously a measure that we believe that will certainly buy our votes the voters of san francisco should adapt this measure goes to good government and policy and everyone else now before the voters for consideration we have had r not to give the appearance we're pushing the measure we think whether it it's a good thing and that we not endorse it to the

voters this is just a measure we've originally put on there is something terribly inlogic that rubs me the wrong way in fact, when i was first considering it i'm not going to do this i was thinking of challenging it in teaching the first amendment in any constitutional law i teach on the subject of unconstitutional conditions in terms of whether or not citizens can be subject to a unconstitutional condition when they have certainly roles in socialite and one of the unconstitutional conditions certainly would be that one can't speak out as an individual

in the elect roll process what you think should be involved i have a lot of problems with that on the first amendment i'm not going to make an issue of you but i'm often thinking of it and i've vented enough i just wanted to get that out there. >> should - am i overstating the restrictions? i feel are encompassed obtain our role as ethics commissioners to comment it should be obvious to the voters we're in favor of it we voted for it but as you

leave the cases and our advice we can't become advocates >> that's correct mr. chair but following up with the previous responses to commissioner keane we certainly can provide information there is not that means you can't provide objective and partial information as the gentleman mention you commissioner went to mergers and outreach gatherings to talk about the measure as well you're not legally riders as a commissioner not to be involved if you rather have it as a spoke up it is up to you occupying that spokesperson as with jessie a staff member that is not different in any respect but this would be i think the

best way of abiding by the activities we've talked about in the memo information there is an official designation of that responsibility to a particular - well combination member of the staff members that it should be an official designation so people are not accused of going out on their own and violating some of the rules. >> commissioner renne. >> following up on that then a good no disrespect to mr. mini art but commissioner renne i prototype i think we need much more appropriate if you as chair the committee were the spokesperson because this is something important it is the first time in 13 years that this commission has put something on the ballot we can't go ahead and

put the emphasis behind it in the political process that we i think i and perhaps i think several others feel is entitled to because we put it on the ballot i think at least we can say we can show that it is important enough to the public that we want our chair to be the person who is the spokesperson in regards to what this measure is all about i think i respectfully ask that you serve in that capacity mr. chair as the spokesperson for it rather than a staff member. >> i appreciate the confidence or comments but if i were going to do it i would want to do it in conjunction with a staff

member. >> that's fine. >> i've would feel necessary to defer to him on questions that might be i wouldn't feel comfortable answering that i'm factually accurate and i think that would be fine you be the spokesperson with the assistance of mr. mini art at your side in regards to anything you might want to ask him about. >> any other discussions. >> that sounds good to me. >> i agree with that, i just in listening to comments from members of the public i do think this is important that commissioners be visible in

terms of representing this ballot measure and representing the facts of the ballot measure although we can't state or take a position or advocate that is understood that's why we're in favor of it but i think it sends an important message to the public the commissioners are evolved and if we're going to be speaking to groups the chair and mr. mini art together that would work very well and anywhere else in the world you, you you know we'll have anything do a communication session we have all the same talking points and reading from the same script to the public but since we're not allowed to do that unless we have a public meeting we'll not have a public communication

strategy not that we don't value our input but i suspect that is not going to happen it might not a burden for you commissioner keane. >> i gladly designate to you. >> (laughter) >> i suppose we can put it in the form of a motion and have public comment. >> i move commissioner renne is designated and a spokesperson in regards to that ballot measure and using the assistance of mr. mini art. >> commissioners can i clarify it is for the bs e committee simplification ballot. >> any public discussion? >> hello commissioners larry bush i thought i would share

some of the issues when i appeared before the sierra club some of the issues are policy questions for example, why is the commission putting this on the ballot instead of going to the board that was a policies question that was the board not a staff why are the nonprofits segregated by 50 c-3 and serving people in los angeles but only nonprofits by definition it includes nonprofits in the depiction if you look at the issues about the issue advocacy nonprofits that are supporting good afternoon walkers campaign the relationship was clear he was indirectly that all of his

money for issues be sent to the nonprofits so he didn't have to deal with them thefr they remember his donors the question by the court if this was a coordinated campaign the court decided no first rights for the advocates but certainly can be true in terms of lobbyists that are doing the expenditure lobbying on the measures by the board of supervisors who happens to be in some other office those are issues beyond the staff level i was asked whether or not this measure was aimed at their airbnb or other issues that is a question your best able to answer yourselves i was asked how much of how much money will the fees raise for the 5 hundred thousand plus i don't know the

answers for any of the questions i don't think anyone in the room knows off the top of your head but the issues i'm having appearances coming up in a number of sessions i'll be happy to share whatever i learner from the sessions thank you. >> can i comment on that in terms of the questions that we're proposed as examples i'm wondering whether or not we couldn't have a document that would be frequently asks questions about the ballot measure i hope that wouldn't appear to be advocating for the measure but would that be legal mr. chin. >> yeah. in expect it about what you say not how you say it again, if we're talking about

what the measure doesn't see it is okay. >> people have many questions and if we could have something on this website we could turn to as commissioners that would be helpful i don't think we've done in the past. >> good evening commissioners elder a forensic of ethics i'd like to say i think that is a very wise decision to have a commissioner appear before the public and not advocate but answer questions one of the biggest problems that with that commission that needs to occur to restore capitol hill's public confidence in you and one of the biggest problems

as a former civil joorj looking at xhibts that commission has advocated its authority to the deputy or the executive director this is a very good first step in making the public have more confidence in this commission thank you. >> thank you. >> thanks mark solomon that is important to send a commissioner the ballot implementation is a place to have a commissioner not more staff it is a bizarre operation in city government and this has a major impact you can speak what happened to the commission what arguments were made who said what and what you heard as commissioner without going forth and saying you have

to vote for this but i think that is important that we are trying to get to the root of how public dollars have spent to influence the public process the commissioners that are public officers make direct advocacy i think you can make a bad law further commissions can side all kinds of bad things but the commissioners constraint your bound to a higher standard of what you can and cannot do but making the comments you have to be residents and voters of city that is a more direct connection to the voters and putting that on the ballet thank you. >> any other public comment? >> with our permission i'd like to speak for a second about the

previous motion i the look at the municipal elections code section 575 has a 3 hundred word limit you should be prepared to think about the rebuttal argument if there is one put forth there's 2 hundred and 50 word limit we'll feed off that argument look at section 575 thank you. >> thank you. >> dr. derrick occur i agree with commissioner hayon that a commissioner should speak about this ballot initiative and sense commissioner renne has anytime not familiar with the in can see

have commissioner renne because he is familiar and spends great deal of time it make sense to me. >> thank you. >> any other comment? we'll call the question >> all in favor, say i. >> i. >> opposed? that carries and that will include i assume as i think there is a shorted window for a reasonable person if there is opposition i'll draft and approve a rebuttal. >> if the commission didn't time can i follow-up on the feedback interest that was helpful 535 provides the word

lim limit. >> 518 or 538? >> i would suggest that we can to the extent that cut it down a little bit it exceeds the 2 hundred and 50 we'll do some editing but keep the tune of the lunge on pages one and 2 of the findings is that all right. >> yeah. i think if we are designating to the commission to follow up and shorten their argument we may want to designate the commissioner responding to the rebuttal argument that was what i was asking you was saying that i assumed that i

would have the responsibility seeing i've been designated as the spokesperson also. >> sorry. >> having the responsibility of prep a rebuttal to whatever opposition. >> understood. >> i'm absolutely fine with that i'm not sure that was crystal clear in the motion but if it's okay with the city attorney i'm fine with that. >> i think that is up to the commission if the commission wanted to redo you want that that is up to the commission. >> we're asking for your advise not have to be done but if it does. >> the executive director is did he say absent tonight. >> i'm asking your advice for a city attorney do we need to do that. >> you can out of caution

recast the vote. >> why not make a motion. >> i move we also allow commissioner renne to have to shorten the ballot measure proposal and to respond to any arguments or rebuttal with the city deputy city attorney. >> is there a second. >> second. >> public discussion hearing none i'll call the vote >> all in favor, say i. >> i. >> opposed? hearing none it carries unanimously all right. turning now to agenda item 3 and the decision and possible action on the recruitment profile for the executive director position again there

has been an amended recruitment profile i think you've all received and corrected some of the errors that have been appointed by a number of people and i will call for discussion on that revised draft. >> commissioner keane. >> yes. mr. chair i don't have it in front of the of me right now but we had a transmission

from mr. bush pointed out out i think accuracy in regards to like who is now the president of the board of supervisors. >> that's been corrected. >> oh, okay i'm fine. >> i had an amendment to the top priorities on page 5 of the draft. >> okay. >> enforcement i think we need to be a little bit more specific i'll suggest we say lead staff in efforts to insure compliance with the ethics laws and effectively coordinate with other agencies. >> i also think that we might

benefit from hearing some public comment i know we've got some correspondence at a high-level of concerns but if the public has specific edits they think are appropriate that would be helpful to hear that. >> all right. commissioner keane has referred to an e-mail that mr. bush sent to all the commissioners so on and so forth some gyms and specific ones as to what he believes should be included and not included and i will call for public comment at this time >> thank you. i'm larry bush

the materials i sent was the product of several people including awe lane the past foreperson that worked on the ethnicity with the civil grand jury report and attorney on the civil grand jury and other people involved i tried my best to provide a run down based on the organizations that was in the material but in large measure what that announcement didn't do is provide a real sense of what is going on in san francisco and how the ethics commission fits so what is important about san francisco as a city right now is not that we have museums or the constitute institute for arts but in a time of great change those changes are bringing pressure economically and have an impact on the work of the

commission when it talks about the city government fails to mention the role of the commission and jet nothing in the article it says that san francisco is unique with a level the participation with the city commission that also does not give preference to enforcement that is on the same par with some of the responsibilities that the commission has enforcements is one of the weakers areas where the new executive director that is an area that needs to be given more priority as commissioner hur just said i think that in general the duties of the executive director have are to follow the policies and priorities by the commission the way it is written it is almost as to the commission sits

on the sidelines while the executive director sets the priorities if it has to be anything close to that it would be in communication with the commission the commission should be the counseling body not the executive director among the critical qualifications is a record of enforcement since this is one the critical things that is missing there's more those are the headlines >> thank you. any other public comment? >> i'm bob plant hold he was

appalled to see this draft it reminds me what i the in eight grade in st. louis all the geological is a project month idea it misses the power point substantially any professional interested in it this job with on his own look up information on the city if they don't know about san francisco some of that is irrelevant and simplistic it misses the point you need a executive director who fully taxicabs and didn't take a lot of days off who is going to communicate thoorl with you folks and make sure that you said what press or media inquires come to the executive director or come to the executive director from

the press and the board and the mayor whoever else in city government you may feel it is too late to restrict that rather than let the timeline drive the adoption of that proposed recruitment profile you consider re writing it yourselves maybe you have to extend the timeline and decision making but to me this is setting the limitation and flaws i've tried to amend nickels you canned it and threw it out i regret whatever money was spent that is not worth a professional response thank you. >> thank you. >> hello gun hilda i want to

say that what the executive director for the noifbs in san francisco needs to be someone who hadn't been tainted by the previous office of executive director mr. sincroy has not been a glowing example for what would be something of a high standard and unfortunately, i mentioned before this commission has advocated its authority to such a person it's time for a new start in san francisco and it wouldn't hurt to have someone who necessarily hasn't been a part of previous administration but someone who has a strong background in ethics because overall the ethics commission is sloped to be the top ethical

agency in this city thank you. >> hi commissioner mark solomon when i first got involved in politics in the late 90s i met a commissioner that was drunk there are two types one that runs the department and one the department runs the commission there is a balance the commission and staff has a productive relationship with staff what we have is not going to get here mr. sincroy was outside of the city and cultural of san francisco but the canned school of governments maybe put an ivy league masters program what we've seen from harvard university in with supervisor

campos and supervisor wiener has not been any more than someone trying to benefit the folks in san francisco that is the nature of the corruption we want someone that is not afraid to stand up for their issues to make sure the laws are enforced no matter who is coming up up and tribe it didn't see manipulating in the city family i'm not sure how to craft that kind of language to that person can have someone with a record of enforcement a record of some sort of forensics to understand the records of the laws to make determines at the end of the day the buck stops with the ed if not with you all we'll have to live with this person lie mr. sincroy the other choice would

have been an unmitigate disaster so it is a tough grab trying to figure out ways to craft to get someone here it is a tough job thank you. >> thank you. >> i'm rob and i was on crystal grand jury i think that should have a session that outlines the leg framework the position and the commission better than what you have now you have kind of mashed together and outlined by the chart you have the governmental conduct code and finance code that the notification noifgsz staff in enforcing and the

relationship with the california laws and the f p t c the ethics commission staff is administrative review form 7 hundred filings with the f pbc and then get a sense that the ethics commission itself can put things on the ballot and many of the things within the governmental conduct code initialed by the voters in san francisco in response a abuses by elected officials in the past thank you. >> thank you. >> derrick occur again, this commissions own code of ethics calls for form of within the

political process that too often comes from outsiders civil grand juries with the sunshine and whistle blower containments rather than an independent reform the ethics commission as an appendage of the city attorney's office your recruitment profile emphasize forcing it's been regulations and others legal itself and it is adherence to laws defines ethical conduct that is the case most of time but ignores the stance that challenge the status quo social justice advances because of moral encourage but your recruitment profile prioritize remain quote mature and

impartial unquote so while neutrality is important it can become a mask for silence complicity given the tendency of government to be unresponsive something more than neutrality is needed in a executive director and the grafttional pull of city hall is such even a neutral director is going to be drawn towards the powerful and away from the public i think that has happened in recent years so, please consider moral encourage as courage as a qualification thank you. >> good evening, commissioners charley for the record there are some things that have been left out of the list when i

think you best include because i'm not sure that the candidates wouldn't be taken auerbach if they found themselves in the middle of an election campaign sponsored by you such as the current measure or the official misconduct hearing that obviously took a lot of time and focus about you and your predecessors those things are rare but unfortunately now that the shelf that have that egging has been cracked it maybe more frequent than seen in the past other thing i thought was critical for this position was that maintenance of boundary maybe i'm stakt to speak like someone that is criminally

trained but boundary have tripped up previous commissioners not commissioners executive directors because it is easy in time to lose sighted of exactly where you're at and so one of your jobs as commissioners to keep essentially heard on the boundaries being maintained by the staff and vice versa everybody needs to be checking and beale each other but the boundary i think calm u came up last time when mr. sincroy was appointed i would recommend that somehow that be addressed in our position requirements is really takes a person that is able to maintain a strong boundary and a sense of boundary those are my thoughts thank you. >> any other public comment?

commissioners is this as anticipated we would take public comment and any we're not - it wasn't anticipated we agree that the document to go out you've designated that to commissioner vice president andrews and myself and the recruiting firm but we have the input from the public and we'll make changes based on that input but the present anticipation is that we would like to get it out by the first of august with a cut off date after labor day for response is there some reason we have to

have that timetable >> no except that we the executive director is out as of the 27 of august before our next meeting in the ordinary course under the procedures the deputy director will be the interim director pending the selection of the successor and think the hope was we might be in a position to have a proposed hire by the september meeting but if there's a sense that we need more time certainly we can ida be happy to hear about it.

>> i raise it mainly because i can understand the considerations of the chairs put forth but i'm very dissatisfied with that job description the way it is and the way it has been put and - it's been put to us by professional group and i guess they have a formula for doing things and it is a very unappreciative document in my opinion in terms of talking about what the job description is all of the criticisms that are raised in terms of starting off with several photographs photographs about what a wonderful place for tourism if

you want to apply for this job that was an immediate turn off for the fact we're looking for a professional in regard to what members of the public indicated and we we know we want we want someone with a certain focus and dedication and strength in regards to addressing some very important matters of ethics and policy in san francisco someone that is something of a bulldog in regards to doing that things have been raised perhaps about a litigation background an "x" prosecutor or something like that but someone that will pursue those questions should do and come before the commission in a very dense fashion i don't get a sense of density it if i

were someone looking through this proposal and i had just retired from someplace there would be a nice little sort of thing to fall into not taking a lot of effort, not taking a lot of problem i think i'll apply for it i don't think this is the message we want to get across the members of the public told us there is a particular person that we want to fill this job who is going to be doing it in a honest and very vigorous and zealous way at the same time is not going to be attempting to upcoming super the policymaking aspect of the commission and that the commission should be the paramount body that is the face of the public and should be

deciding many of the things rather than someone we'll hire as the next executive director and sit in the center of this table and have the public look at as oh, that's the guy r that runs the commission that's the way it has been looked over the course of years what some justification. >> i think we ought to rewrite this i'd like to take some time maybe extend the time constraints you're talking about perhaps another month and maybe several of us take some shots at helping to rewrite this at least emphasizing various things rather than having this go out.

>> before i call any commissioners you spoke with her did you not. >> i the i have a have nice conversation with the lady two days ago. >> did you impress express our thoughts. >> in a phone call that laced a while they're not here. >> i agree with that but i've - i know she said she was going to to all the commissioners she'd not spoken to you when she presented this i assume after you spoke with her much of the comments are going to be reflected you want to hold redraft and want more time that's fine. >> can i comment on that i mean, i look i get this is not the

person i don't disagree with the provision that are proposed i'm fine with revising that but you know let's be clear a perfect document is noticing not going to materially change i think the number and quality of candidates i think that could change would we get but not spend all our time trying to come up with the perfect document over most of time we want a person the best person we can get and in a timely fashion as we can and you know, i think we designated in authority to the chair and having to work with the first committee to came up the language and gotten good feedback ged god and try to get it auto by august 1st if they need more time they need more

time we're going not going to meet in august not holding this up until late september and don't have candidates until the holidays. >> yes. i'd like to underscore with commissioner hur said we've gotten good feedback from the public and documents we can refer to i think the document needs to be improved we've been through an executive improvements process the job description and those pages are the determining factor in getting a great executive director yeah, that will rely on the committee that is the search committee that interviews the candidates and makes the decision this can be improved let's get it done not stick to a

trouble but without going overboard nice to have a new executive director by the end of the year if noted sooner the best possible candidate yes, it's a limited role nate statewide there are not that many people in that field so i'm sure the word is out among the people that are professionals and in this field and if not this will help to get the word out but everything is not determined by the words and this job description especially mr. bush's comments about describing san francisco that needs to be corrected he's right that bears an important influence in the kinds of issues we will be dealing with in the months and years to come beyond that you know - let's do what we need to

do improve it and move along not tied to an absolute deadline italian-american going to time myself to that. >> i defer to the wishes of my colleagues and what is expressed the fact that the chair has indicated quite clearly the chair cognizant of what the members of the public said and does not feel itself is bound by this as any kind of gospel that has to be preached out there so i'll put it into the hands of the chair. >> let me say when i read this first part the city government the ethics commission all the emphasis my sense was that probably unnecessary in a

recruiting because whoever is whoever is coming out here is aware of the city of this city and what's going on and the issues i mean so that my principle focus was on what the requirements the sort of basic requirements that we want in our executive director and i agree with the statements that have been made we want someone that is strong on enforcement, comes from a background whether he's been in prosecutor's office or private practice but that i think a minimum he should be a lawyer and have experience in not only managing but in the areas of enforcement which i think is a very, very for part we need

strengthening but i appreciate all the comments and i will go back to alliance and come back to the drawing board on part of it but i'm not disposed to spend weeks before we get it out because once we get it out the people we about get are no good we'll have to start again but maybe somebody out there and i've heard rumors that are people who are interested in the job who are well qualified and who would be meet all our requirements but until we get it out we can't so i will try to get it out in the next 10 to 15 days and thirty

days to have people respond and hopefully, we'll move from there. >> commissioner hur. >> chair two comments i agree with almost everything you've said describing the commission is helpful and the only other thing the concern i also agree it should be a lawyer but not make that a requirement. >> public comment? >> thank you, commissioners bob former commissioner want to go to the compensation section of your draft document i was here 15 years ago, i wouldn't have worked for in i think you need 0 relook at your

compensation the outline of the type person you want i think your restricting yourselves considerly by the range of salary you have to look at increasing the salary range and broadened the appeals who you might bring in. >> i appreciate the comment i share our concerns but unfortunately, we have been advise by h.r. that those are the requirements absent our having saying some candidate who is super duper and go and is look this man and woman would be ideal but he or she wants more money we think we ought to be able to pay it but our hands are tied by what the city structure

allo allows. >> i've already been up here larry bush what h.r. is doing is giving you the boiler plant template bans the number of employees and the budgets rather than the special qualifications and the duties that go with that position i think there is a lot of room for investment of this not at least looking at the cost of living in the city if you're going to bring inside someone and pay them $11,000 you'll not get the kind of person if even if you went to hundred and $46,000 that's not a salary to pay for a senior lawyer even for a paralegal i don't know. >> i don't disagree. >> i worked at hud and made

hundred and $60,000 was not an attorney i was a spokesperson that spun people and well compensated but on the other hand, i know what my skills and what is riders for a executive director on the cutting-edge nailing port commission a commission that is unique in putting something on the ballots i don't know of another commission that don't it the language says it could be increases bans other considerations i think that would behove you well, to talk about some of the other considerations that would allow for an increase in that whether those others considerations are 10 years of experience heading up an ethics commission someplace or a history of having written go ethics laws but think about that because if you put

out those document with those kinds of numbers i'll have any secretary apply (laughter). >> do you charles do you absolutely need to state numbers do you have the option of deleting numbers and saying salary based on experience and credentials and some boilerplate authoritative there have i would fudge by not putting in numbers. >> that's calls bait-and-switch. >> we're tethics commission.

>> h.r. will come along but not start with this is a weak negotiating position you guys should know that. >> any other comments all right. there being no other agenda items i hear a motion to adjourn. >> second. >> all in favor, say i. >> i. >> opposed?

♪ >> thank you for coming to the talent dance performance and talent show. [ applause ] >> today's performance and talent show. ♪ >> public recreation has every bit of the talent and every bit of the heart and soul of anything that any families are paying ten times for. >> you were awesome. ladies and

chair called the meeting to order. can you please turn off electronic devices as they interfere with the equipment in the room and please rise for the pledge of allegiance. i pledge allegiance to the flag of the united states of america and to the republic, for which it stands, one nation, under god, indivisible, with liberty and justice for all. [inaudible] welcome to the wednesday july 22, 2015 meeting

of the san francisco police commission. first of all i want to apologize for being late but getting here from financial district proved more serious than i thought today. this evening i want to start off by letting everyone know that we will be adjourning tonights meeting in memory of scot of the hayward police department killed in the line of duty this this morning. [inaudible] call the first line item, please. sorry. excuse me, this is our meeting in the community. the police commission is always very enthusiastic about this meeting every month because it gives a time to come to the community, hear what is going on both the positive and negative and work

arm and arm with the community to see what improvements can be done, what things we are doing right and what direction we should move in because it is our community meeting and we want to give folks tonight to hear who we are as well. my name is julius termen and the vice president of police commission. suzy loft us is not with us tonight. she is excused. during the day i am the department chair of the labor employment group of the [inaudible] where i practice labor and employment law. >> good evening my name is victor faung and happy to be here tonight and a resident of this police district. [inaudible] by day i'm the deputy director of api legal outreach. we are a non profit

law firm in the 40th year. we provide legal service in domesting silence, immigration, elder abruce and representing the undocumented youth coming over from guatemala and other central american nations >> hi, my name is sonia mulatta and kurg the day i work at saint francis hospital and on the faculty of san francisco state university and live in this district on [inaudible] >> tom [inaudible] for the members of the commission and most senior member tonight until doctor marshall gets here. in the day i'm partner in a law firm and prior to that assistant district attorney assigned to units 234cluding the gang unit. went to

private practice when i went to the commission. >> why don't you start with the roll call >> president loft us is excused. vice parenthesis dntsd therman, here. commissioner marshall is in root. commissioner dejesus is excused. commissioner wong, present. also is deputy chief [inaudible] chief of police and director of nob naurb joyce hicks and mr. vice president you do vaquorum. >> thank you madam secretary. to start off with laej ladies and gentlemen of this is the community meeting and excited to hear flum community and will have substantial amount of for public comment but before we get to that we'll have a presentation by your district

captain and there are a few lines of business we need to take care of ahead of time. with that can you call the line item, adoption of minutes for may 13, june,thry, june 10, 24, and july 8. >> in the packets are the minutes sergeant just identified. hopefy you had a chance to read through the minutes. are there comment or additions and will entertain a appropriate motion >> i move to accept. >> second. >> sergeant kill shah is moved and second. all in favor? >> opposed. those minutes are approved as written. >> item 2, consent calendar receive and file action. request the chief of police to accept a donation och mego

former poloty machine nob nub for use at the police academy valued at approximately 6 thousand dollars. >> ladies and gentlemen, when the department receives or gives in excess of a certain amount, which i believe is 50 dollars, it comes upon the police commission to approve the acceptance of those gifts. in your packets should be information about this donation [inaudible] it is something he plan tooz donate to had academy. chief [inaudible] do you have anything you want to add? >> good evening vice president therman and commission. [inaudible] i would like it add anything that promotes to the

helths and well being of the officers allowing them to be healthy and at work and provide the services to the community is a benefit for the department and request you approve this gift to the department. >> colleagues are there questions? >> will the chief be doing pulotys or maybe yoga? >> colleagues this item is on our consent calendar and there are no questions. all in favor of accepting this gift? any opposed? any abstentions. the action item is approved and thank tooz mr. dean graufoes and the folks at 440. >> item 3 report to the commission discussion 3 a chief report review of recent activities. >> good evening chief

[inaudible] >> good evening. my name is deputy chief [inaudible] chief of staff for greg sir who is out of town. i want to thank captain [inaudible] for hosting us this evening. on to my report we had 2 shootings overthe past week, one of them in the bay view district on 1600 block of south. this happened approximately 6 olock in the evening last wednesday. officers respond today 1600 block of the south. the victim walked into sfgh to a gun shot wound. he stated he was walking to the store and shot by a unknown suspect. the gang task force is investigating this case. the faultoge day

there was a shooting in the mission 656 in the evening. officers respondsed to haircern and cesar chavez and located a victim with a gun shot wond wournd to the chest, transported to general hospital where he is in critical but stable condition. we expect him to survive. he was not interviewed due to the condition and [inaudible] is investigating that case. on to other matters within the department, another cit class graduated last thursday on the 16. we have a group of officer tooz the trained officer and one service aid and brings the total to 344 officers trained to date. we have cat officers assigned to all district stations in the city and believe on all watchs as well.

also, we have had a cadet graduation last week. 20 cadets graduated from a intensive training program at the academy. these cadets come from various neighborhoods in san francisco and move to internship positions within the department. this program is designed to give youth hands on skill squz leadership development. these are [inaudible] volunteer cadets. the hope is to move them to cadet of the paying cadet program, the psa, police officers or other fields in the crimial justice system. the 244 police recruit class graduating august 13. there were [inaudible] we hope they make it through the remaining 3 week squz assigned to the district stations upon graduation. the next 2 weeks, august 3, 248 class will

start. we'll have another 50 academy recruits so we are rebuilding the ranks with the hiring we have been doing for the past year and a half. the new district boundaries went into effect sunday. tenderloin being one of those [inaudible] previously assigned to the southern station is reassigned to the tenderloin station pick tupe continue their responsibility of paroling midmarket area. so far there have been no problems with the switch over. i wish to thank the commission for your work on this effort, the controllers office, the department of emergency management, the public safety strategies group and lieutenant walsh if you will talk about the district boundaries for

their work on this project. lastly, as you mentioned at the beginning of your remarks vice president therman, hay word pd scott [inaudible] was killed in the line of duty. i contacted hay word pd to extend or condullances. our thoughts and prayers are with them all. >> thank you chief. any comment or question s for the chief? thank you chief. the only thing i would like to draw attention to is the departments doing a [inaudible] job of recruiting the classes and getting them through there academy. these are people we need and appreciate the effort going into the recruitment and training and getting these folks assigned. as for the cadet taxes it is excellent training and a excellent

opportunities so grateful for the department for having this program as well. thank you. next line item >> item 3 b rks occ directors report, review of recent activities. >> good evening director hicks. >> good evening vice president therman and member oz the commission. i am joyce hick jz the drecktder of the san francisco office of citizen complaints. in addition here tonight is senior investigator shery fletcher. she is here in the audience. it is pleasure to be here this evening to speak with you about the functions of the office of citizen complaint. we are also known as the occ and the first oversight law enforcement agency in the united states only surpassed by chicago and new york over site agencies.

both may 2015 final report of president obama task force on 24 century policing and the march report from the civil rights division of the department of justice of civil rights violation in ferguson acknowledge oversight of law enforcement and community oriented policing. the office of citizen complaints was created by a board of supervisors sponsored charter amendment and adopted by san francisco voters in 1982. we became operational in 1983. we are 33 years old and we were originally an office of the police department under the-now

we are placed under the direction supervision of the police commission. we are a independent agency and separate from the police department. the police commission is also a civilian body as the occ is. the occ's function is assist in the police department in building trust with the community by being a bridge and also police policy. to that end, the occ's mission is to insure police accountability by conducting fair, timely and unbiased investigations of police misconduct or negligentive duty and make recommendation on police policy and practices ask conduct mediation between the complainants and the policeism in california law enforce mentd agencies have a peerjs to

investigate complaints by member thofz public against police officers. in san francisco the occ serves that office for the san francisco police department. the occ staff is a diverse group of civilians who have never been san francisco police officers, but some of them have been officers in other law enforcement agencies. the occ has 35 employees, the majority of who are investigator and the balance affthe staff consist of attorneys and support staff. due to recommended budget enhancements, we are will soon have 39 employees. i'll now talk about occ's investigation process. we conduct an investigation of complaints to find out what happened. we follow the evidence and

interview the person who brought the complaint, the involved officers and civilian witnesses. we have supeen apower to compel testimony and obtain evidence. we obtain evidence from the police department in the form of police report and other dumeation generated by the department. in our investigations visit the site of the alleged acuns and gather by taking photographs a place of the persons in addition to other evidence gathering. our aim is to complete our investigation within 9 months and with limited exceptions because of california law we must complete our investigation within a year. when we complete a investigation we make a findsing of whether the complaint of officer violated any police department rules or local state or federal laws. the standard of proof the occ

uses is the preponderance of the evidence. it means the property of the complaint of conduct that occurred is more likely than not, that is the probability is greater than 50 percent. when we conclude our investigation, if the occ finds a officer violated a rule, we will [inaudible] the chief can impose discipline up to a 10 day suspension. if it is our daurmation that the discipline would exceed 10 days then we would forward the finding to the police commission for action. police commission has jurisdiction over cases where recommended jurisdiction is greater than a 10 day

suspension. another nungz occ performs is mediating complaints. we provide mediation as a altern trfb to discipline. last year occ mediated 50 cases and that represents 7 percent of the 706 cases we closed last year. the mediation program allows complainants to resolve with the accused officer in person and it is dispute resolution format. the goal is bring the involved parties toort together in a effort for the parties to achieve a mutual understanding. we have a partnership with community board and san francisco bar association and through that we are able to use neutral mediation or a mediation program. we conduct our mediation in languages other than english. the mediation program is a voluntary program which means officers and

complainants must agree to mediate. last year 94 percent of eligible officer participated in our mediation program. i'll also discuss statistics this evening of the cases we received in 2014 and how we resolved complaint. we received 728 complaint in 2014 representing 1 case increase over the cases we received in 2013. last year we sustained allegations in 8 percent of the cases weclosed. we found proper conduct in 19 percent of the allegations we investigated and founds 3 percent of the allegations were unfounded or not true. the largest percentage of allegations we received were for unwarranted action followed by conduct reflecting discredit. unnecessary force complies 8 percent of the allegationess

and received 4 allegations of unnecessary force or 3 percent of the complaints. a majority of the allegations received were for negligented duty. about 50 percent of them. in looking at who the complainants are who file complaints with the occ, 26 percent of the complainants were african american, caucasian comprised 27 percent. another 26 percent declined to state the race. included asian americans at [inaudible] native americans and pacific islanders at 2 percent and 2 percent other. occ staff has several languages included cantonese [inaudible] 2 of the investigators are bilingual because a lot of interviews we conduct are in

spanish. for languages other than mentioned we obtain interpretation suvss. last year we conducted case intakes [inaudible] 3 percent of our case intake, [inaudible] less than 1 percent. one in korean, less than 1 percent and one in russian. you can learn more about the occ on the website, www.sfgov.org/occ. finally, we are located on the 7th floor of 25 van ness avenue near the corner of van ness and market. we are easily accessible by public transportation and receive walk in complaints

regarding police conduct during week days monday-friday between 8 a.m. and 5 p.m. we also receive complaints by telephone, e-mail, mail, on line and fax. we have a after -answering service for after hours complaints. in critical complaints after hours an investigator will meet with a complainant in very urgent situations. you can also file a complaint at the district police station or in station personal elwill forward the complaints to us. if any of you would like additional nrfgz about the occ this evening i introduce senior investigator shery fletcher in the audience and can answer questions and also have brochured available. that concludes my remarks. thank you >> colleagues any questions for

director hicks? >> thank you. >> director hicks, i want to thank your and your department because know that you have had challenges with resources and you always have done a extremely good job. i want to find out though with the new success in the budgeting process, i'm sure you told me this already, but where are you planning to allocate these new 4 members of your staff? has that been decide or are you still considering it? >> where are we going to allocate the staff members or the positions that are authorized to our investigator positions as well as a attorney position as well as information technology position. >> good to know. thank you very much. thank you mrs.

fletcher for joining us as well. all right. [inaudible] >>iteal 3 c commission report. commission president report, commissioners reports. >> [inaudible] vice president has nothing to report. anything further? another to report, colleagues? commission announcements and scheduled items. identify for consideration at future meetings is that where we are? >> yes, item 3 d. announcement identified for future meetings. there is no meeting july 29. the next meeting will be august 5 at city hall and then august 12 the meeting will be held at

the tenderloin district station which will be at 240 turk street, the crock center. >> that will start 6 p.m.? >> the district station meeting, yes. >> colleagues any other item you want to identify? all right, let's mover to the next line item >> any public comment on item 3 abc or d? >> any public comment? no, it isn't but if you want to make a comment mrs. brown, feel free. >> my name is paulette brown and here concerning my son wloo was murdered august 13, 2006 to

a semy automatic gun. all because he saved someone elses life. it is going on 9 years and as a mother i'm still grieving and where i can talk about my son and bring up so his case is not solved and it is a cold case. my son was-just turned 17 years old. he was murdered saving someones life and no justice and i'm speaking justice for my son. people go who did this to by son. no one wants to point the finger. that is why the case isn't solved. i have to walk around and this is all i have left of my son, his body. this is all i have left. his birthday is coming up and this is all i have left. where i

can go and bring thup information about my son, i need to. this is my therapy and i bring this up all the time. if i-went to the police commission at city hall and you were not there, i had to look for you and it isn't i'm chasing you brut i need to bring this up at the police commission. all the time i am fighting for my son and other union men and people dying on the streets and i want to give my condolances for the police officer that passed away this morning or today. i know his family was waiting for him to come home, just like we were wait frg our children to come home. this hits everybodys family, nobody is exempt from this. we all need a do something, we need to solve these cases especially the unsolved cases. everyone has a family and everyone waits for their family member to come

home and when things like this happen the families suffer and it never ends. it never ends. when the autopsy people finish with you this is what you have left no matter where you are shot at. i'm speaks just frs my find, his name is [inaudible] he was murd urd in the streets of san francisco. he was about to graduate. this is all i have left. something needs to happen. the killing needs to stop. every time i look at children shows of someone getting murdered i relive it every day. my sons case number and i will say it and sit down, his case number is 060862038. anybody sfgov,

who ever is watchs this, our childrens cases need to be solved. i shouldn't have to do this. that's it. >> ladies and gentlemen i cannot imagine what mrs. brown is going through over these 9 years. as you know, the san francisco police department maintains a tip line for confidental nrfshz information, if you have information call that line at 415, 575-4444. any other public comment? seeing none public comment is now closed. >> item 4, discussion and possible action to adopt revice department general order 1.02 district boundaries or take other action if necessary

action. >> colleagues in your packet is a draft of general order number 1.02 as many of you know we spent a great deal of time both meeting all over the city with the public, working with the department and other stackholders in the drawing of the district lines and they went into effect next sunday but need memorialize that in a ddo and will turn it over to introduce this particular dgo. >> thank you commissioner therman and commissioners mptd lutenent peter waums and work in the [inaudible] on july 19 as aiostated at 6 a.m. the san francisco police department switched to the new district boundaries with the aid of dem and several other agencies so the districts are in place by your vote on april 2015 you

selected the maps that would eventually and that are now in place so the general order simply reflects what your vote showed on april 15 is just a mirror image in words and ask you to date it to july 19 and accept as the new orders of district boundaries. >> thank you. any questions for lutenent walsh >> is there 3 or 6 month review to see if it is working out or if we did something stupid and conducted the dot in the wrong way ? >> we are going to review and look at the data as it comes. that is more of a question as far as being able to reopen if a disaster happened or anomaul, i think you did a great

researching it with the help of the controllers office and think with the chief and everybody this decision will work out but i will defer because is issue every 10 years under the charter that it goback it the city attorney to see if that is a responsibility. >> do we have it on calendar for possible review or would the chief signal to us there is a problem and something we need to correct? >> it is my understand and discussion with [inaudible] this morning within the 6 to 9 month range will give a better idea. we will have a review and discuss it. we are not sure that the city charter and the rules allowtuse amend it at that point but we'll have a review. within the 6 to 9

month range and continuing forward. >> thank you. >> i'll look to hear from the public as to their comment as well. chief [inaudible] >> it is part of this district boundary analysis moving forward, the deputy chef of operations are constantly evaluating and determine staffing needs if we need to increase staffing with the acad amclasses that will graduate. we have the ability to assign them as they graduate to make up for calls for service that we think are not being handled or efficiently they should so we will be evaluating in 6 or 9 months down the line if you want to a update we can provide a update on that. >> okay, colleagues for your information commission president oft us and i have

gone by line and made the edits to [inaudible] and it does reflect the process to the district boundaries. with that in mind i'm willing to entertain a motion if there are no further questions or comments. >> at this time i move to adopt the order with reference to new district boundaries >> i second that. >> because the dgo sergeant cell shawl do i need a roll call vote? >> no. >> all in favor to accept dgo 1.02 with the revized district boundaries effective july 15, 2015.

>> aye. >> any opposed or abtensions. thank you that action item is adopted. lieutenant walsh. sergeant killshawl next line item >> item 5 captain denise flarty >> well. we look forward to hearing what is going on following your presentation. >> good evening commissioners and members of command staff and community members as well. i'm captor deneez flairty. i have been the only commanding officer for 7 weeks in that period of time i had the opportunity to witness

dedicated officers do great police work. they are met with challenges on a daily basis and through their efforts they meet our ecpectations and quite often surpass them. i'm equally impress bide the communities drive to be part of the solution in the community squu long with that the officers at tearville station recognize the partnership with that community. so, this evening i won't put you to sleep with a powerpoint. i'll attempt to address as i do my community members so i tend to talk and i will go over the tearville district a little bit and also bring up the concerns that most impact the community and what we hear from them and how our officers are responding. currently win the tearville we have 109 signed and [inaudible] 5 civilians.

the members are separated by captain staff, by a incredible station investigative team led by inspector mullen. we have a day watch, which is broken up into o 600 watch and a later watch that starts at 11 a.m. and a night watch which compiles the swing watch and midnight officers. to the side, the tnt, there are 4 officers that are dedicated in working in the areas of concern and they fall under the investigative team as well. right now within the tearville we have 15 sergeants and officers who language profinishant. they specialize in cantonese, french, mand ren, spanish and tugalling. we spend them out between the day

and night watch. we have 24 sergeant officers on the crise intervention team. this was mentioned by dc [inaudible] 17 of those officers runder our day watch and 7 under the night watch. our crisis intervention training is offered quarterly and as commanding officers we do the best to serve 2 to 3 office rbs at a time so we look forward to seeing those numbers increase. as far as the personal break down by race and gender, 15 percent are female and 85 are male. this falls in line with the population of female officers in the department so reflect ivof what the department has and broke it down by race as well. we have 40 percent white officers, 31 asian, 12 hispanic, 13 philippineee and 2 percent black and other falls under that. our district is the largest in the city and that

may pose to us some challenges gegraphly in the officers responding, i think they do a wonderful job maneuving through the district and get toog the calls. we are broken into 6 sector cars and within the community yp supported greatly by my c pap which is community police advisory board and community groups. the community groups i have listed are the ones we interact with the most. there are a lot of neighborhoods watch groups as well valuable to the process. and then we are lucky enough to have 4 district 4 board supervisor, tang, yee, avalos and london breed. i will say in my time i have been at tearville station supervisor tang and supervisor yee have been very responsive, very proactive and the community relies on them to pass information through to us and we are able to devise plans

together and not only devise the plans but come up with follow up also. so, let's review the crimes that impact the community. we are fortunate in the tear ville ville district to have a high rate of crime. we did a comparison to 13-14 and 14-15. shooting and homicide is down and domestic violence with a slight increase. the next 3 slides are the crimes that impact the community the most. they are the crimes that the communities most concerned about. it is the crimes i get the most e-mails about and the community meetings are about. robberies in the tearival district have gone up. 50 percent of the robberies occur on instreet and 25 are commercial robberies and finish

out the final 25 percent of residential or muni robberies. burglaries, come up often for us. we have a increase. the most frightening are hot prowls and take place when you are home and the sus pebt comes home. we have a large pattern of knock enforced burglaries where a suspect come tooz the door and knock and if they hear nothing they go to the back door and come to the home. we do outreach because when the suspect hears someone is home they leave so we spend a lot of time doing outreach, on the website, letting people know what they can do to prevent from being victim jz what they should do once they are victims. we also seen a increase in grad bike thefts so we talk about locking up their

bikes. through the public education we talk about prevention and with director susan burton this week from project safe we were able to discuss service they offer, bike scrurt and went over the kids and cops program and other things we can do as far as pedestrian and bike safety. then we talk to the community as a benefit of security cameras and alarm system squz we are very fortunate in this day and time we do get a lot of citizens with the cameras and can give the information. auto burglaries on the rise. in the month of may we had a peek in themism we attribute that to [inaudible] in the district as well as a golf tournament. auto burglies are tricky because they require a lot of

surveillance. the officers have to be consistently. it takes time. when i was a young officer i remember having to be out there for many many days trying to track suspects. with the staffing we have we try to push the midnight officers so we can get them out of their uniform and into the plain clothe squz a lot of public awareness of letting the community know not to leave anything visible in the car and lock the doors. i understand how the community is feeling, i receive a lot of e-mails and people exspessing how they feel victimized when they come to the car. i was a member of the city and county resident and was in that spot as well so i'm very sympathetic. then we do follow up. a lot oof times we are told something is stolen we have eerlth the psa or cadet

call back and get follow up information for serial numbers and any other information they may have for us. i added this slide gauze because i want to show how wide spread it. is we try to be strategic and when we vaissue like this we try it go at it the best we can but this is how the district looks in the month of june in regards to auto burglies mpt [inaudible] field interview cards. the officers are always encouraged to fill them out. [inaudible] would be used in times if they came into a consensual encounter with a subject or if they detain somebody but the interaction didn't warrant them writing a police report. we encourage the officer tooz fill out the fi cards that are entered into a data base. what is great about the fi cards is they allow us to link subject

together. what vehicles they rin, the locations they frequent in the district so a officer that is doing a investigation may have a few tips on what is suspect may be and when they search it they may get a link based othen field interview card. the first sinsh months of the year the officers issued [inaudible] fi cards which leads the district in the city. now i'll give over the podium to actingue tenent inspector mullen. i wanted to highlight the great work the station is doing. we refer to them as [inaudible] so i give you inspector mullen. >> thank you captain. members of the commission, command staff and public. thank you for giving me this opportunity to let know what the investigation team and tearival. i have been with the

department for 23 years and coming to tearival it is interesting to see the explosion of the technology that happened over the recent years. in my tenure i haveants n't seen such great tools to combat the crimes occurring in tearival and sit a wide. the crime data ware house we use now is a great tool. it gives information that we can actually pull information out of and we construct our officers to target certain areas within the tearival district as it relates to property crimes, robberies and burglaries. so, we also have the use of video now. it has come of age where a lot of

private and commercial establishments have video in their works on their perimeters so we are establishing a catalog of these within the district and have over 200 cataloged now. we can access when the crime occurs and go to the sites and ask them if we can utileize their video which led to great arrests. we have one of the best video officers in the department. he is very highly technologically experienced. he is a great officer and he is able to go out into the field, pull nrfgz as investigators we can utilize to solve crimes. the other thing is that the department has recently supplied all the smart phones to all the investigators not only to us but to the officers in the field, so that is giving us a

whole different view of having this readily available information that we can use out in the field so it is all about communication, getting information to everybody in the field and it would help for officer safety and it is also to catch the bad guys, if you will. our e-mail system is remarkable. i'm kind of old school so i'm getting into the new technology and the use of the e-mail system within the depermanent has become such a incredible tool to share information from district to district. if there is a wanted party in the bay view and we know this in the theirival he may reside in ingle side so everybody knows about these people that are either persons

of interest or they are actually suspects and wanted on a crime via a arrest warrant, so that information, all the officers are up to speed and this is daily. every time we are at work, we are connected with this e-mail system. all that information, having the phones, this new report writing system we are using, it is bringing everybody today. we are able to get a wealth of information that we are able to identify the crime trends in the district and targ the areas and have been successful with all these new tools that are available now. the other thing is at theirival station we have i think we have a great relationship with the investigation team and the officers that work in the district. we share information, it is all about

the communication again. it is also about making sure that if the are wanted people in our district, we want to make sure every officer has knowledge of that and there is training that the investigators do for patrol so we get these young officers-it is on going teaching environment that they are always brought into had the loop of the investigation because without them on the streets we are going to have a much more difficult job trying to solve these crimes without their help. it is about having this collaborative effort that everybody is on the same page and that there is this wealth of information with everybody at tearival station. we do track the robberies and burglies occurring in the tearival district and have been very successful of recent of identifying 2 teams of burglars

in the tearival district, not only where they work but work outside of our specific district. this was a city wide burglary ring. with those 2 teams, if you will, we saw little reduction in the burglies in the tearival because they identified tearville as a target rich environment because it is primarily residential so we are getting out into the community as the captain said, but not only in the community meeltings but wree trying to educate the victims of these crimes. when i make these calls or go out and visit with the victim, i want to make sure that they are -their homes are fortified. if there is something i see that maybe they are tighten up i suggest that to them and make sure they hear the concerns

that their homes may have to become vulnerable to suspects and the opportunityest out there and they are everywhere. we try to make sure that we are communicate wg the community, teaching them and bringing them up to speed with what they can do to make their homes and persons safer and that of course goes with the autoboth. the [inaudible] is up on the rise. it is crime of opportunity where a lot of suspects, they are everywhere. they see cars that have anything inside sth car or a person comes to their destination and they go to the trunk or reach underneath their seat and if there is a opportunist their car will be broken into. those crimes are difficult for on view. it is like inyou are in the right

place at the right time that is how be catch these people but we reach out and welcome all the public to call us with any sort of leads, license plates, types of victim, description of suspects. without that information it becompls a very difficult crime to solve but we have been successful with that. recently we had a team of working car thiefs that we identified and arrested so we have seen a little reduction in that respect for auto breakens. we also utilize some of the plot maps to keep parole up to speed with where a lot of these crimes are occurring. there was a plot map and that was just for the auto break ins which is remarkable when you think about how many are actually occurring. when the

officers see this as tearival station they see the auto break in squz the robberies and the burbleries and the assaults and serious attacks and they can get a really good understand when they are out on their skneets understand they need to concentrate on these areas at specific times of the day. that is helpful because if we can suppress the crime just by being in a hot area it will keep our victimization down and that is what wree trying to prevent. it is about communicate within the company and the public. as far as i can speak for my team, been doing this a long time and it is nice to be surrounded by such a energetic crew. there are 6 investigators under me

now but we are one team and we work really well together. everybody on the team is very energetic and motivated and have seasoned investigators we are fortunate to have at tearville station. all is this good effort to identify crime patterns not only do we sit behind a desk and get on the phone and talk and try to do as much as we can that way, but we get into the field a lot and that is something that has kind of evolved probably over the last year, year and a half and as a investigator it is nice to actually get out into the field because nobody wants to sit behind a desk all day on the telephone writing notes and things like that so when we get fl to the field we take a bunch of information and concentrate on certain areas we are having problems in the

district. 46 and judah where we have quality of life issues or out at john mure and sky line looking for auto burglies or doing a grid pattern search in the sun set district looking for opportunist breaks into our homes out there. we get out into the field in plain clothes and conduct surveillance and becoming very successful with these types of operationism we do oporder within house so we get into the community to conduct surveillance. we do surveillance to identify who is doing our burglaries and our vehicles and home burglaries and robbery stake outs. we take that information and set in areas where we know there is hot spot for street robberies

and it has been successful but you is to get out of the office to do that and that is what we are doing as a whole as the investigation team at tearville station. we are doing a lot of parole and probation searches and arrest warrant suv ss, we are doing search warrants so wree trying to hold back the criminal element as best we can at tearival. the other thing is as a whole i'm proud to be part of the tearville station investigation team because we have had really good success and we can only go up. utilizing the technology that the department is supplying now, it can only help solve more crime jz be more proactf with that. having said that,

thanks for your attention. >> thank you ted for all that information. i promise i told him 2 to 3 minute presentation but we went to it. all good information he is supplying tonight. the final thing i'll present is traffic enforcement and it is one of the biggest concerns of the community in the tearville. for me as the commanding officer it is high priorities. for those member thofz community that dobet know, vision zero within san francisco is a city wide effort to have no fatalities by the year 204. under the program of focus on the 5, the san francisco police department does a daily effort of focusing on the 5 violations that are most responsible for collisions within the areas ichb the district where they most frequently happen. we do this in partnership with the mayors

office, sfmta, walk and bike coalition and dpw. as you can see the top are yielding to pedestrian, red light, yielding to thuproach of the turn, the stop sign and speeding and of course our locations, we have 2 on 19th avenue and 2 on lake mur sed and brotherhood. we do a lot of enforcement as far as the [inaudible] for speed. i think we have great results. we get it from our motorcycle officers and parole officers who take a initiative to get the training. tearville station between last year and this year saw increase of 145 percent. in june we had a slight decrease but thing thaz is because we had the mayors conference and lot of events.

what i like is even though we are participating focus on the 5, we still value community tips. a great example i had a mune community member give a tip there were speeders on 7 avenue so we got our officers out there and got traffic company involved and put a speed radar out and for a week pegged as many speeders as we can. what i try to tell the officers is it isn't about the amount of sitrations you giver, we are trying to change behavior of motest bicyclist and pedestrian. their actions jeopardize the safety of the community. when i say that to drivers and officers there is no argument. everyone is for that. we do a lot of proactive enforcement. i want to talk about 2 officers on july second

they are midnight guys, officer culture and ratchy. they saw a vehicle with no license plaet and made a illegal turn and conducted a traffic strop. because they had no plate on the back of the car and saw the front of the vehicle, it was taken in a car jacking in petaluma. in that case that vehicle a few hours prior had been taken in petaluma where they brutally beat the elderly victim. that is a great example of great police work. i'm proud of my officers when they take a small initiative to do traffic enforcement and from the result is great police work. of course we use our lidar and speed trailers and conduct monthy operations. we submit munty operations in the tearival we do 2 a week and

can't forget traffic company. we work in partnership with them. in the 3 months i have been at tearville station they conducted 51 operations and as a result 322 citations. we can not ignore the positive result of that partnership we have with them. that conclude my presentation. i'm open to questions or concerns that anyone may have. >> all roit right, thank you captain flaherty and inspector

mullens. generally i would open to this to question but [inaudible] what the community is thinking and then we'll circle back and [inaudible] the community may-there may be issues you may to address during the question period. with that ladies and gentlemen i'm going to open the floor to public comment. is there any public comment? >> i was again [inaudible] i live in district 5. i was up here earlier and forgot to bring up the perpetrators names of the people that murdered my son. one of the guys-there are 6 guys and one name is thomas hann bill, paris mauft, andrew

vudue, jason thomas, anthony hundredther, marks carter. these nameerize all on my sons file at 850 bryant. i wanted to bring that up also. i want to also bring up former mayor gaven nusem said in his news letter he knows who killed my son and he says i know quhoo killed your son. the da anyhow who killed your son. the police know who kill you son. the point is, if everybody knows who killed my son why is my case not solved? we talk about public safety. our children are public safety too. my son went to school-he has a father and mother who raised him well. public safety includes him also. everybody

know who killed my son. when i went to go view my sons files these names are on my sons files. it is perpetrator. my son wasn't the intended target but he was the victim. we talk about public safety, we need to include everyone. all lives matter, all lives matter and as i said before, i shouldn't have to do this. but this is something i'll be doing for the rest of my life. who ever will hear me. we don't want this to hit no one elses home. it is hitting peoples homes every day and when it hits somebodys home then they want someone to help them. this needs to stop and i'm bringing this up and here are the perpetrators names.

these names are on his file. i am not bringing these or pulling these out of a hat. that is all i will say. >> is there any other public comment? >> commissioner my name is john hews, i'm proud and happy resident of tearville area and born and raised in the area. a member of captain ferity community police advisory board. [inaudible] speaking for the 2 of us and for the people we represent in the community i would like to say we are police would the work we get from the captain and officers, they are doing a fine job. the work with community police advisory board, one of the things we are most pleased with is the station management

is very reseptdive to input from the community. there is no push back. things we have as input are things embraced and taken as pornts. the opportunities we have been given to deliver effort from the station to the community is also been valuable. we feel we have been able to make a contribution to had community by assisting the station. captain familiarity welcome to the district. happy to have her. lieutenant [inaudible] sergeant [inaudible] for the member thofz community we appreciate what you are doing. for the police commission i ask you to continue to support the tearville station even though we are a low crime area, it is a big area. we like we get from tearville station and like to keep getting it. >> thank you [inaudible] any other public comment? hear ing

none public comment is now closed. colleagues i want to return to the presentation by captain familiarity and inspector mullens to see if there are comments or question you have for the captain and inspector. >> just i want to thank captain farty for hit ognl the key priorities of the commission emphasized over the year. i think the commission is very supportive of the crisis and intervention team and training and encourage you to send officer tooz the training t. is very effective reducingtection during police citizen encounters when there are mental helths issues. thank

you for addressing the vision zero issue. as a resident of this district i attest to a lot of bad driving going around and probably guilty of some of it. the one issue i wanted to raise which i know suffered maybe a year or 2 ago, i know this is something supervisor katy tang is interestinged in is the rise of illegal massage parlers and wond r if there is something the station is do? we work in partnership with sbu. i received a few complaints in regards to that. they usually come in the form of a anommississippi letder so i review if and notify mike deutrauf and send it to him. just recently i sent him down and he informed me they were investigating the case. last month they kim to the tearville

district and arrested a womern involved in human trafficking. we always bring into the conversation supervisor tang because she is committed to both and it is priority and she understands how it impacts her community. >> thank you. >> thank you for a very nice concise powerpoint. we appreciate that. my question has to do with the red on the powerpoint is the auto burglies and know that is a city wide issues. are you seeing a impact or increase in auto burglaries because of prop 47 and now they are with mister meaner when they would have been a felony. maybe inspector mullen can tell us if that is a factor that increased in auto burglaries. >> i have been arounds for a

long time too. i do believe so. i believe under prop 47 a lot of times those-i was at burglary for 4 years and my district was the tearville and as my experience narcotics were part of the conversation dealing with burgly sus spebts. there was a time we made narcotic arrest jz those suspects may be incarcerated at county jail or state prison we are not seeing that anymore so until we can make arrests they can do great investigation but until they are held accountable at a judicial level i feel we'll see this revolveed door. most recently the officers of tearville station made a great arrest. a member of the community saw 3 suspects breaking into a vehicle at lake mur sed t. is a hij issue. he call said 911 and described,

officers are smart and go ahead of where they think the suspects may flee and rin into the suspects and conduct the traffic stop and find the victims purse in the car, they find glass from the car in the suspects pants. we find out later on 2 of the suspects were transferred fromson mateo on probation for stealing cars and narcotics. we ran up a case the other day, the reason the case was so good for us because the third suspect who didn't play a part in the break in, he gave information to our investigators to corroborate what the citizen was telling us. that is a strong case. we reviewed the case yesterday with inspector mullen kw found they dropped 2 of the misdemeanors and left the felony but they are out of custied and have no doubt they are out doing the same. in my experience those that commit

auto burglies they commit 3 to 5 a day and those of residential commit one or 2. that is why we make the arrests and [inaudible] may not be able to tie it to one crime but it is significant because we impact every day activities. >> the felony that is hard to put on the individual once we get them into custody if we get them after the fact [inaudible] they have something on their person even if it is from the burglary it is hard to prove in court. they know that as well and that is 234 problem we are having. we when we get the auto breaken we need to follow through with that through the jilsh system. >> the captain gave a great presentation but the issue, it is city wide and it is a problem and appreciate the work

the officers doing. in my district in the northern they make arrests every day and the burglaries are still happening. >> i don't think i heard a presentation on the field investigation cards. can you give me detail on that? >> a field investigation card is a tool that officers use. it is to describe it it is like this. most officers put it in their tag back and if they have a consensual encounter where they take someone on where they think it doesn't look like and detain them and run them but it doesn't warrant a whole police report they fill it out. the beauty-i'll give a example, we have a victim of a robbery and this victim tells us it was 2 females one with pink hair and

a tattoo on their arm of a heart and a license plate. the officer can go into the data base and put in those factors and then there is a high likelihood if the officer did what they are supposed to do it will pop up and that link offers to connect the dots in the investigation and now we have a vital lead. >> is that just to-available in tearville or city wide? >> it is city wide. the officers come in at the end of the night and hand their cards to the watch commander and the commander reviews it and the data is entered daily. >> thank you >> your welcome >> something that came to mind in particular with the lake mur sed area. if you pick up folk frz auto burglaries do we get [inaudible] they are kept out of high crime [inaudible]

>> i'm having a hard time having them not kick the case [inaudible] that would be great if we could see that but our experiences is it seems there is a reluctancy to go forward with these cases even with stellar investigations being handed down by the team. >> thank you. >> your welcome. >> any further question frz the folks of tearville station? captain flarty and inspector mullens i want to thank you for your presentation, very informative and appreciate your time tonight. thank you. all right, sergeant killshah >> item 6 public comment. the public is welcome to address the knhigz regarding items not on the agenda. speakers

address their remarks to the commission as a whole. under police commission rules of order during public comment police nor occ personal elnor commissioners are required to respond to questions but my provide a brief response. individual commissioners and police and occ personal elshould refrain from entering into debate or discussion during public comment. please limit your comments to 3 minutes. >> we have done public comments so we took this out of order and so with that i ask you to move to the next item >> item 7, adjournment action. >> ladies and gentlemen of the commission i'll entertain a appropriate motion. a move for adjournment in honor of the hayword police officer. ladies and gentlemen, the police

commission will adjourn toonts in honor of sergeant scott lunger of the hayword police department killed this morning in the line of duty this morning serving community and california. hearts go out to the lunger family and wish them the best and weal prr pray for the soul of sergeant scott lunger. is there a second-- >> second. >> all in favor? >> aye. >> opposed. the commission stands adjourned. thank you ladies and gentlemen .