man in san francisco. please call the next item. [agenda item read] >> good evening, mr. henderson. >> good evening. >> commissioner mazzucco: how are you? >> great. a couple of things so far in our project list. we have 281 case - i started ing ts recently just as a comparison so we know where we are contextually from last year. right now, we have -- i track he cases ar past 270 days. this year, we have 26 cases past 270 days, meaning the e gonv past the 270 days.

last year, we had 128 cases beyond the 270 days. just to put that in context, 11 of those cases are tolled, typically, if other agencies at just explaining wha these ed, reports are. i want to thank the chief and the department for training the juvenile brain program that they did. that actually was a really big deal in terms of a project that a lot of people have been working on for a long time, and it has really reflected a lot of community input as well as best practices and enhancement to the training. i just didn't wanto give short if, but it's a big deal that a lot of people have been working on for a long time, and it's important that that happen for the city and the department. in the audience is chief of staff, sarah hawkins, and

tamara thompson, and senior investigator steve il case issues come up for the department to address during coeiond/or during public, ico have staff here to accommodate you. we are in the midst of hiring four senior investigators now. we are still down a lawyer from john alden, whooved into another department. i would like to announce finally at we have filled our i.t. director position. that's pretty significant for this department. we've had a lot of challenges with our i.t. dtm to grow and brin where weneed ourselves up to speed with the rest of the city, so this is going to be a big deal for us, the candidate is now in backgrounds, and i'll let everyone know as soon as they gome through, but we through a lot t t and get this candidate and in accepting

the position. we've also made our first ever offer and accepted position to our professionally qualified bilingual candidate for our investigators. it's been a big deal, and one of the thgs we've been working on is trying to bring our sta upo a bilingual quota to accommodate the communities that we've been serving, and this is the first one that we've gotten through the system. so we're excited about that. i will also say we just had anot g t forse of force that all of the staff -- a lot of the staff attended in las vegas, and we are in the middle of working on our budget with the mayor's office and with the board. i'll keep everyone updated onto that, as well. i will say in terms of our samra spoke last month on s,

street soldiers, and tamara thompson is here with us today, spoke last month at idab. wells hig school, know your rights that we proposed, as well. i'm here to answer any questions. >> commissioner mazzucco: thank you, director henderson. commissioner hamasaki? >> commissioner hamasaki: the 270-day mark, how is that set and what are the consequences for going beyond that, and how does that affect the cases? >> in a nutshell. >> commissioner hamasaki: jump right in. >> in a nutshell, there are requirements from when a case is received to how long we have to respond to an investigation and conclude and make findings. there are exceptions to the one-year rule but becau have structured and how we've

evolved, we give notice to the department whenever a case goes beyond the 270 day tolling time is an indication that time is starting to run out and where we are in an investigation. we've tracked them before, but one of them -- the issues that i was concerned about when i came into the department was that we had a high number of those cases that would frequently wait until the very last moment to have a resolution, oftentimes leavin very litle mak changes or modifications within the department, as well, so we've been focused in the last few months in trying to bring that number down. in some cases, they are tolled, and the time doesn run, for instance, if there's ongoing litigation in a civil case or the district attorney's office is taking some action. time does not toll in the same way.

so does that explain it? >> commissioner hamasaki: it does -- no, i think it's helpful for the new commissioners to understand because i think the -- the as bmen up inhe news a bit lately, and people may have questions about that. has the department ever los jusdiction over cases? >> commissioner hamasaki: esy >> maybe i should chime in. there's been the surprise of the commission. there's been numerous 3304, not under director henderson, and we were shocked when these cases came forward, there were other cases, just so you know, after the e.p.a. closes their case on us, they present ito the san francisco police department or police commission for admonishment. unfortunately they put the ion w they've had 24, a 48 hours to do a follow up

investigation and have been leabo do so, a sometimes dispositi were o get somhing off e the had there, but there were numerous cases that fell off the radar, anirectoenderson ran through those cases when he first got in there. that's unacceptable. an attorney blowing a case that's called malpractice. i think where we are, how many last year? >> you're counting? your briefing on caseog. backl last year, there were h405, i think, cases. [inaudible] >> you're right. i'm reading my summaries here. it's all in the sumry explaining what the backlog was. i was a trying to find a percentage, but there was a large -- a substantive

percentage of the cases that were beyond the 3304 deadlines that were essentially dead cases that could not be done, and it was actic in the past to have cases that would sunset, and we have stopped that practice -- i stopped that practice of doing that. >> commissioner hamasaki: okay. and so then the final point is, do you have any concern about any of the cases on your docket right now about losing jurisdiction because of the deadline? >> not immediately, but generally, yes, but we are approaching them differently so that i not a last-minute thing, which is why i report out now what those case right side and how many of them are still left so of those 27 -- 26 cases, 11 of them are tolled, and the remaining others, the 15 others that are there are talked about weekly to prioritize where they are, what's going to happen next, who's watching the time, how do

we not have that same situation take place. >> commissioner hamasaki: gr >> that's part of why call it out. >> commissioner hamasaki: sure. >> thank you. >> commissioner mazzucco: thank you. commissioner dejesus?>>ommissi think i can ask the question. recently, the district attorney said he's not going to press ches in the mario woods case,d i heard there are currently complaints filed in those cases. are there ongoing investigations? >> i can tell you there are ongoing investigations. we can talk about that case specifically -- >> commissioner dejesus: well, not about the case specifically, i just want to know if you can tell us about that. >> yes, there is an open case ate will have our own independent analysis and report on that >> commissr s: okay. thank you. >> commissioner mazzucco: thank you. anything further for director

henderson? thank you, director henderson. it's a learning process, as you othca see. call next line [agenda item read] >> commissioner mazzucco: sson, we have a lot do in closed session. during theod pri that we weren't meeting, actually dejesus, myself, and hirsch we've been busy during this period of time, but it's good toack b on the calendarn de with our agenda. commissioner hirsch? >> commissioner hirsch: before commissioner turman stepped off the commission, he had been working on rewriting the discipline matrix for penalties, and he had asked me a few months ago to back him up on that, and since he stepped

off and passed away, i have now taken that responsibility. i'm working with commission staff on that, trying to rewrite andn, will meet with the departme, and w h d.p.a. to get their input, and then, eventually bring it as a andco it'll go into meet and confer at some point. f d that. maneucco: >> ally, i spoke with -- well -- >> commissioner mazzucco: director henderson? >> thank you. i spoke with commissioner turman on this issue, as well, and he mentioned that project both to the chief and myself, and the chief and both have addressed that concern, as well, and weould look forward, i think, so resolving that because there are inconsistencies in his ded my department that we need to be on the same page about. >> commissioner hirsch: i'm working on a new set and i'm woing on a something that i'm

going to distribute to you folks. >> that would be great. licat would resolve a lot of deations. of these >> commissioner mazzucco: thank you. commissioner dejesus? >> commissioner dejesus: one of the things that are pending, there's an earlyerveion meeting -- i hateaying those words. it's kind of broken, and we keep coming back to it, but it's something we've had many discussions with. i believe that's o as long as we don't have a quorum, it's open ony t commoners. i t -- i don't remember what time it is. >> it's from 10:00 1:0 on floor, and it's open tohe public. missomner dejesus: and thn oune 4, th groupill commence and have a -- june 19, the worwi meeting.

loas they don't have a quorum, commissioners can attend that, as well. >> clerk: that's at 1:00 p.m. >> commissioner de s::00 p.m., and that's at police ommissioner mazzucco: ou. commissioner hamasaki? >> comssioner hamasaki: commsioner dejes, the working group, was that the president turman was working on? >> commissioner dejesus: it's aontinuation of. it's the same- i believe commissioner melara was in charge of that. believe commisr hirsch --or,ing of course cission turman nd wouldten with he and me absent, we to hve commissioners there. it's something i wanted to work on and try and be at, but i wanted to let you know we can

go as long as there's not four ner hamasaki: okay. on me for the new guy questions, but are commissioners assigned to working groups, and how does ommiioner mazzuc e plac commissioners are assigned to wog re free to other working groups. dr. marshall was handling the bias group, and we have nobody attending that. it's my understanding i'lle ndinghexteetg of that bias group, so you need to attend that. it'll be good tav there. sergeaare know y'haw and if they hit the magic number of three, they'll say yougo. commissioner hirs c e office meeting dates to all of us 'cause right now, we don't know. >> clerk: yes, we can do that. >> commissioner hirsch: okay.

great. >> commissioner mazzucco: okay. great. call item [agenda item read] >> comminer maucco: are there any announcements, sergeant kilshaw. clerk our next meeting will be here at city hall, room 400, on june 13, next wednes a will begin at 5:30 p.m. >> commissioner mazzucco: thank you. we have pretty much packed agendas for the near future, i have nothing to add. i think our new commissioners will need to start begin to sort through their big binders, so i have nothing to add to the agenda. would you pase call for public comment. >> clerk: public comment on es 3hro t d? >> commissioner mazzucco: any public comment on i a thro h 3 d? hearing none, public comment is call theline item.

[agenda item read] >> good evenin director. how are you? >> good evening, commissiers, vice president mazzucco, memberf thecommission, chief, director, members of the command staff. i'mat mcguire and chief financial officer of the police department. this evening, i'm asking you to all approve the shift of salary savings into a worker's budget line. interdeparta this is a supplemental appropriation, but it doesn't actually add money to our overall budget, it's just fact theavings t of cost sal ries for this ams a ia resultf the individuals who are onworker's compensation and thect wo -- and they sose salaries

ear paid of theworker's compensation and the salaryall the translation is when fi off of -- on disability and they're injured, they're paid o a separate the money that we've paid them gets paid- or never be large. sioner hirsch: quite hat's co 6.il we've had a number of costly injuries this year. >> commissioner dejesus: i hav es the 6.2 million, we have to cover that? >> it will be paid through the fl . s currently, worker's compensation makes the paymenand theillhro th each quarter. so they've billed through quarter three, and then, quarter four,hey'll make the

final billings, and we need the money in the accountthen. >> commissioner mazzucco: any further questions for the director? do i have a motion >> commissioner dejesus: wait, i do have one more question. so you said this year, we've had lot serious injuries. is that compared to la year or -- >> so i can speak to the side do k tt last year, we had about $16.7lion in worker's compensation costs in the interdepartmental services work order, and then this year, we're projected to have about 20 to 21 million, so yes, compared to last year, it's been a bit more expee. >> i can some more detail see that without disclosing any hipaa information, we've had officerolved situations, offered run over, shot, that we didn't have the year before, anden,th we've

also had some significant illnesses that are presumptive illnesse sot's not bee a goodyear because of that. >> commissioner dejesus: thank you. >> commissioner mazzucco: thank you, director mcguire, do i have a motion? >> motion. have ad? second. >> commissioner ucco: ny public comment on moving that into the general fund? hearing no comment, public cot closed. all in favor? thank you. call the nxt line item. [agenda itemd] >> commissioner mazzucco: thank you. >> chief connolly?tation? >> is that operational yet ihought 3.1 wasn't operational yet. >> i'll strain. >> commissioner mazzucco: good evening, chief connell.

>>ood evening, president ms., mbersf the commission, and chief scott. i am here to give very brief presti on department bulletin 18-033. department order 031 which is our written directives methodology, that is how we write and disibute all our written policies, procedures d manuals, requires that any bulletin that modifies or demand aeneral order be brought before the commission prior tng implemented. department general 3 is in the process of meeting and confer right now, so unde p othe old 3.01. so essentially, the department bulletin 18.03 actuallst adds a couple of items to t old one. essentially, there's onl four criteria that has changed, and there is a 13-year-old general

order, 5.09, so over me, changentil we anged,ohis codify the actual order. is the time a charge actually occurs, and there is a determination if the individual has to be hospitalized, and if there is charges going to be broug thnndivialy the district attorney. in order for that to happen, members who bring that custody to tpitaoshave determined that that person's going to be booked in, we have to author a letter to thef's departmef investigations vision saying the name of the individual, atthe ces are, and that we are, in fact, going to file with the district attorney. that's theite real estate. the sheriff's department actually established it, so this is for our members to

adhere to that policy. the t aspect of this bulletin, it says if an individual is not going to be ged,istrict attorney ct not to charge, or they're not going to file immediately, how do we nify the sf therif initiate what cal an ot process? so that's essentially citing the individual for a court date or potentially an interview at discussion between the district attorney and the individual investigator about that custodial situation or if that individual is going to be out of custody. and then, finally,s w generating most of this is because the new hospital facility does not have a secure detentionnciit. so this -- any time we have a custodial situation, we have to assign field personnel to guard that hospital a pro ess if that determination

needs to be made, there's continued medical treatment, and the sheriff's department has all the criteria ahead of them or befor them, they can then take custodial watch of that custody. >> commissioner mazzucco: okay. thank you. maybe explain, what is booking in absentia. >> bking take place in the county jail. any otherok outsidehe jail would pe ti hospital environment, and nment we would talk nly other about. so if you'rebsen actual process or thl g via medical condition. ia >> commissioner mazzucco: and there's as times what they call hospital arraignments, if they can't come to the jail, we've had what they call hospital arraignments. i understand it's a drain on our manpower, and we have

people at the hospital that we have to have officers guard 24-7, m wondering, why doesn't eriff' part dent do that, an c we reach some sort of agreement because i'm understanding we're losing personnel from district accounts where i see they're constantly looking for officers to goail wit a paey're not really si he patient and the subject is in cto for not necessa ms, ty're sick ande to be there, why do we need to sit on them, why not the sheriff's? >> that's be a lstandi discussion between the police department and the sheriff's. chief, if you want to speak to that? >> yes, sir. commissioner, i have had many conversations with officer hennessey about that. she has requested budgetary help in tha but in the meantime, some of t protocols that we hope

to iron out are particularly once a person has been rebooked, and they're still in the -- in the hospital or in -- we'd like for -- hopefully we can work out an agreement for the sheriff's toaker. opr booking orhe case iled by the prosecutors, ply weave to have a detail -- typically, we have to have a detail on that, sfpd, and there are times we've had totay on t even after thout. shortages that she had just to keep the jails covered, it's been a struggle for her and her deputies, so we're trying work that outside. thank you. >> commissioner mazzucco: commissioner hirsch? >> commissioner hirsch: yeah, chief, i was just wondering, does that reflect the actual practice that we're rht now, does it change anything we're doing right now? >> no, it just provides guidance for the station

personnel. the only true change is the authoring of the letter. that's only a recen p in the l year, 1.5 years, where we have to obtain that asked to apner hirsch: bei ove something tha actually reflects the practice. >> once this bulletin is approved, that will become the practice hirsch hirsch are we do sill fec the practice, that's -- rschom are we doing something that will ct theractice, that's my question. >> this bulletin captures that process hirs process. >> commissioner hirsch: thank you. >> commissioner mazzucco: commissioner hamasaki. >> commissioner hamasaki: one quick question, and i'm not quitee if'm understanding this right. on page two of two, understand the section releasing suspects from custody once they're booked in absentia -- it's been

a long few days, is there a process that states that the district attorney's office or officers on the hospital ct watch and notify them that district attorney's office has declined to refile charges? and i'm not seeing in here sothing as far as notifying the subject of the same information. >> notifying the custody? >> commissioner hamasaki: ah. >> well, that would be the next process. once they make that attorney'slin -- the henec there will be a process byh t whicat individual is released per-849 of the penal code. >> okay. so that's not in this amendment. >> correct, it is not. >> commissioner hamasaki: okay. >> i don't have an answer to that because this is the first time it's ever beend. y.t's a process that occurs na

if we'rngo let someone go, we're going to tell the we're going to let them go, but nt. s not ctured in thidocu >> commissioner hamasaki: okay. well, it just seems like it would be helpful, when we're spelling out the procedure to subj teen taken at to t into custody, as ll, although it may occur naturally. >> correct, but there's also times where that individual is y eleased from custodial carebu care, so it'sus matter of advising the individual that the district attorney has declined to prosecute at th time. >> commissiohamasa: okay. so they -- the individual --enn here, the individull bals wi advised that the district attorney has declined to file at this time. >> yes. >> commissioner hamasaki: thank you. >> by law, the officer has to issue9(b) icat mmissi right, and i guess that's where the confusion arose with me 84 release tubject

b). so i'm not sure if that was -- [inaudible] commissioner mazzucco: ission commissioner elias? >> commissioner elias: i guess myuest qn isith the investigator assigned to t se, because there are er there is no investigator assigned. >> the investigation is not from the district attorney's office, the investigator is from the police department. >> cmissioner elias: okay. and there's someone there? >> it would be an assistant district attorney to make that determination to either file or e bvey to the , and then, t investigator and then subsequently to the hospital watch. >> so e district attorney n the individual who's in custody? >> that's correct. zzuco: ank you, chief connolly. do i have a motion? >> so moved. >> commissioner macove aseco?>

>> commissioner mazzucco: any comment regarding the booking in absentia regarding ddo 509? hearing none, public cen is closed. all in favo next line em. [agenda item read] >> commissioner mazzucco: thank you. any general public comment? come forward. good evening.

how are you? [inaudible] >> commissioner mazzucco: good. >> i'm happy to see that the statute of limitations will not apply to dcipli officers in the 2015 racist text message scandal, but as i've raised repeatedly at the bias task force, i'm unclear on whether the officers in the l, t one tha broke in ssa march 2017, have they been disciplined? [inaudible] >> i know you can't answer the tion,ut i just wish that at some point, you could share that with us. also, as i've raised before, what is the status of implementation of e grand jury report on fatal officer involved shootings that came out in june of2016 that- th grand jury said that you should have concurrent

investigations of officer involv shootings with the sfpd, district attorney, e.p.a., and a citizen member of the public present for the concurrent investigation and ave the sequential investigation that causes the whole process to take so long, so my question is, has this been implemented? did that occur in the officer involved shootings? and as weave raied fore, we know state law limits your ability to disclose disciplinary matters, but we've heard that lapd discloses as hey can under the law, n and we egencoura youo adopt those practic l ithrese transparency, it will increase our confidence in your st and hill increase accountability. thu. yo thank you.ioner mazzucco: next speaker. good evening.

welcome back. >> hi. nmyself. jstpe so i just got out of the sunshine task force meeting before this was j at a big eleion celtion lt ghso i'mo h let you know if you somehow haven't heard the news that proposition h did not go through. san francisco said 60%, oxim ely, to 40% that they not want this taser policy. at the meeting for the new commissioners, welcome, by th way, who were not t l november , the public w overwhelmingly against san francisco having tas, and the sunshine task force has just found that that meeting was held improperly with respect to the brown act, and sowith a relatively new police

commission coming in, i'd like you all to revisit this decision as was provided time for by cionss hirsch at the meeting last year and consider not giving san francisco police department tasers, instead, allowing that money to be used for services that will actually benefit the puicrath shon them. >> commissioner mazzucco: thank you, mr. bernstein. any other public comment? hearing no comment, please call the next line em read] >> commissioner mazzucco: we'rers of the public, going to go into closed session to handle some litigation matters, personnel matters, and other matters. any public com? hearing none, next lineitem.

[agenda item read] >> commissioner mazzucco: do i have a motion? >> yes, so moved. >> commissioner mazzucco: do i have a second? second. >> commissioner mazzucco: thank you very much. we're going into closed session. thank you very much for coming this evening.

left right i had a burning doorway to do the right thing and join the department such this we my brother applied and fortunately we'll here and this means a lot i'm home everyone night to study and we workout together and it is a blessing i have a brother to go home a fed off of one another we're the twins but pretty much we're not treated and individuals sometimes

treated as a item if he did something wrong they use the word instead of you the it heroism we're going our our separate ways and good morning our wn individuals middle of steadfastly a twin all the it but inside of the district i've seen negative positive ind with that made me want to be a police officer i want to give back and do public serve always a class president i dealt with everyone and served my class not only be humble enough to serve my class and pierce being a squad leader is a responsibility of maintaining my squad and being that vacusly person i need to step up to the challenge i believe during the 8 months i fulfilled any dude and

after graduation just be a good prficer to learn the skill and ession and give to the community tove t b to them and be a helpful hand that's the main thing and t new peopleoming into the did not know why you're doing it join the department for the right reason ando help the community and it is sharing you're time when you get into the department do is commented theo raft and enjoy it along the way enjoy it along the way i encourage you to talk about over with our families and talk 2 over with yourselves ultimately you'll do the job and find a senseably reason for doing it after the hard work everyday for 8 months straight and finally it

pays off and you know as honey honor and privilege not anyone can do this job i look forward to getting often the street and learning and hit the ground running it will be a surreal moment day one i thought months here but sat down me and my brother talked about it and we're on the right track and stay focused and walking tlooacr

>> good afternoon. thank you for coming i'm happy to be joined this afternoon by sfmta director ed kinnd howard -- as you know poweredrss ernight in march. they pose some really challenge. emissions free transportation and makes it easy to connect with public transit is a good thing and something that we welcome bute cannotacrifice publ safety. these ridden on sidewalks pose danger. there are reports of broken

bones and near misses. the city has received nearly 1800 complaintsabout scooters including them blocksli space. c hurt local businesses and affect the ability of all ofus navigate our city. the city supports scooter scaring to thent m our transportation system safer, more equitable. we are here todayo announce the launch of san francisco powered scooter permit and pilot program. this permit program represents a thoughtful, coordinated and effect t makure that san fiscos the right balance. the program incorporates the

importance of my earlier cease and desist letter, and state and local laws, that prohibit riding onew and it includes new component. we have have innova it must keep your sidewalks safe and accessible for all pedestrians. the program provides the framork though make sure that the companies operateing in the public right of way of doing so lawfully and accountable for their business and tools for the city to issue enforcement as needed. permits are available today on the sfmtv website and ed russ

kin will provide more information about them in a would like to note that this s included the board ofeffortat supervisors, my office, public works and other. began in legislation passed at the board of supervisors and signed by mark farrell. i would like to thank aaron peskin who has a leader on this legislation. under that legislation any company operating shared powered scooters in san francisco must have a permit from the sfmta as of june 4 to have their scooter parked on sidewalks or any public space. that means any scooter company operating is required to mover e it's scooters by june 4.

only those issued permits may be able to continue. san francisco supports transportation innovation but it can't come at the price of privacy, accessible, and safetyi permit program strikes the right balance. i would like to introduce ed russ kin to talk m abt the new permit program. >> thank you. i want to thank the city attoy leadership and the great support of his staff as we have been developing the legislation that required the permits the legislation the boa of directors to establish the permit program and their support for us in developing the application itself. as the city's transportation department wre

the prospect that these powered scooters could bring. their zero emission and compact and i haven't ridden one, but i hear tr pretty fun. this is something that we certainly want to be supportive of, but it'se if that is really at question here in tomorrows of why we are putting a regulatory process in place. last year the sfmts board of directors and san francisco board of supervisors, and transportation authority adopted a set of principles set to govern emerging technologies and services on our streets and these principals embody san francisco policies as relate to equity and affordable and environment and transparency and

consumer protection and worker right. we have taken thos principles and embedded them in a permit program that we have established and you s i phe aapplication. just become something is innovative doesn't mean it's good for our city. we are using this to put in place the regulatory for example work that makes sure that we can get the best of the transportation benefits for the people of sa fraisco without some of the detriments such as we have seen on the streets already. the city attorney made reference to safend that is our number one concern. we want to make sure that the use of the scooters is being

donecephaly and appropriately when used and when stored and not using them to ride on sidewalks or block sidewalks and there are the two main concerns we have seen and we share, so the permit will require a robust plan to show how they will ensue the proper use and storage of their scooters. there are provisionstha speak to the people. who support the cooterhare programs whether employees or contractors, there we are in the business of transportation and mobility but not in the business of permitting harvesting of personal data, so one of our reentsems making it clear that any permitee would have to

make apparent to them what data would be collected and how tul used and give them portuny to t out of sharing that data and still be able to take the service. numerous other aspects of the permits we are establishing as part of this one year pilot where we will be able to work with a successful perm permitee to make sure this service can be manifested in our streets that forksan francisco. we will issue up to five permits for a total of 2500 scooters, 1250 in the first six months and if t are going wel expand up to 2500. during this period we will require the submission of data and gathering data from external sources and 311 complaints and others so that we can evaluate

how well these scooters are working whether mee their addressing some of the issues that we have seen to date. at thatwouo be at a decision point of whether to terminate the program,ontin thegram discontinue prom, expand the program. we expect to learn lot f enforcement is part of prog and we want to make sure to the extent that we grant a permit and we have appropriate mechanisms in place whether is scootersor taking the perm we don't want to get there, but we need to be able to give the public assurance that in granting access that we are going to enforce the conditions of the permits that we es