of the hdot work, and done a better job that collaboration calls for, being more efficient as a collaborative team. there's a lot of parts to this, and i'll talk to the acting director of d.p.h. and the director of d.p.w. we have daily conversations about working together. and i think that efficiency, over symtimtime, can free up t other officers in the other parts of the tenderloin, but we have to start somewhere, and we have to get this area cleaned up so it's not such a resource drain. there's so many things going on, there, between drug usage, drug sales and property being fenced there, just a number of things going on there that we need to get a handle on. i think once we do that, we're probably going to be better off because those officered won't be sucked into that u.n. plaza area, and they can stay on

their beats. overall, it's the right thing to do and the best thing to do. >> commissioner elias: i think the outilization of the progras will help that. >> commissioner mazzucco: commissioner dejesus. >> commissioner dejesus: so chief, i'm glad. thank you for the over time. it's great that you're within the over time boundaries, and thank you for the narcar report, and thank you for the report that it is the obligation to protect the public. i'm not going to ask you about any open investigations or open cases, but i do think we need to talk about the wellness policy and what it means to let

the public know, do -- we have a general order regarding a wellness check. [please stand by] . >> commissioner dejesus: and somebody's in the home, they need assistance or something, what is our general practice, what is our policy? we need to educate the public because that is one of the issues, one of the things we have tonight is what is trending in san francisco and activity in san francisco. not talking specifically, if you're not able to talk to that sto tonight, i think we need to talk about what we need to do. is it part of the policy to

make visible contact or whether telephonic with an i.d. or visible contact so that you're satisfied when you leave an area on a wellness check. >> commissioner mazzucco: let me interject. we probably should agendaize this item for our october 3 meeting and then we can address this issue head on without getting into the specific case. that would be my recommendation as the chair. >> commissioner dejesus: i did tell the chief that i was going to ask the wellness reminder on sunday. >> clerk: just a reminder that we are only allowed to talk about items on the agenda. the purpose of the chief's report, d.p.a.'s report, commission report is just to give brief information to the public for people to know what's happening, but if we have known about this issue ahead of time it should have been placed on the agenda. >> commissioner dejesus: right. and i guess i'm -- if i was to be specific, i would agree, but

i'm talking generally. the report here is on police department activities, including major events weekly crime trends, staffing, current staffing levels. the chief brought up, he just made a big speech about protecting the public, being here for everyone. that's their job, and i'm asking in a general sense what -- how that job encompasses the wellness doctrine. i think it's within that. and to get into the policy itself, i gragree we should agendaize that. >> clerk: that level of discussion should have been placed on the agenda as well. >> commissioner dejesus: okay. i think it's within the parameters. are you willing to talk about that chief? >> i'm willing to talk about it, and if we want to agendaize it for the next police commission meeting. >> commissioner dejesus: i think he can answer unless you're instructing him to

answer. >> respectfully, i disagree. this item has gone to a discussion. this is more than a comment. this has been a device that i've been given from the beginning. >> commissioner dejesus: it's a question. it's a question about the policy. >> maybe just a brief answer's appropriate. >> commissioner mazzucco: i think calendared for october 3 for a more complete and thorough conversation as opposed to a brief discussion is probably the best way to go. >> commissioner dejesus: i think we can acknowledge we have a general policy. he can answer that question. i think the public should know. >> yes, we do have a general order in terms of what constitutes an exigent circumstance, check the wellness or missing persons, and it's very well stated in the policy, and i'll follow the commission's guidance in terms of when that happens, but i'll talk about it on the next meeting. >> commissioner dejesus: right. so that is a current trend, that is an issue, and i think

there's some confusion in the community about what -- what the police officer's responsibility and training and what does it take to get a wellness check in place. >> commissioner mazzucco: great. and that contains a lot of issues on search and seizures so let's talk about that on october 3. commissioner hamasaki. new hampshire chief, i just want to follow up on the deployment in u.n. plaza, and going back to the same discussion that commissioner elias and i had with the community in the tenderloin as well as captain fabry and some others. and i don't know if you have an answer for this, but the concerns that were raised is every time there's enforcement action or deployment in a certain area, the phrase that was used by a number of people was whack-a-mole.

when you go out to one place, it just pushes activity out to another area. that was the concern that people had about those specific deployments. i wonder is there a long-term strategic plan in place or being generated because i've lived here for 24 years, everybody else -- the tenderloin hasn't changed much over those years, and i know the residents are being impacted by what's going on. it's a real tragedy even with our best efforts. >> no, absolutely, commissioner. officers should know when they work a beat, the people that are in that beat. you know the folks that are addicted, you know the people that are just going to and from, doing what they do every day, you know kids going to school, you know your beat. with this challenge, particularly when we are

talking about the opioid addiction problem that we have, particularly in the tenderloin, we have to often times come in contact with people over and over again. with that, you have sometimes enough to make an arrest, sometimes you don't, but let's get these people into the treatment of services and the services. i think we're doing a good job because we're working alongside the service providers and oftentimes officers are the first ones to interact with some of the population that we're talking about. but we do a lot of referring.

there's a connection to stablization to people living on the streets and substance abuse. we try to get them to those particular entities that provide those services, and oftentimes officers have to go back again and again and again. so what we're really going back is spending unnecessary to get to people that are ready to receive these services into services and be very discerning as opposed to just taking an enforcement posture on this. study after study's been done, and we know that enforcement plays a role in some of the social issues that we're talking about, but it's only one piece of it. and with this model that we're doing with the healthy streets operation center, what we're seeing, because we're tracking this through the controller's office is we do have a significant amount of people that we come into contact with that are going into navigation centers, going into shelters

and making an attempt to stablize. so part of our long-term strategy is just working with the other city agencies. this is a strategic plan that i've presented in front of this commission, collaboration. you know, working with other city agencies, making sure that we are all working on this together. it cannot be just a law enforcement thing. to your point and commissioner elias's, there's so many officers to go around, so we have to reprioritize and reset. if we have a spark of violence in another part of the city, we may have to reprioritize. we don't have the budget, and i don't think the public wants a cop on every corner, but we can be smart where we put the cops -- the officers, rather. in the tenderloin, the tenderloin is a small geographic area with a lot of demands. what we intend to do is really,

we have to do this kind of one block at a time. u.n. mrplaza is a public space it's a transportation hub. if we as a city can't restore order in a public place, then there's a problem there. we're concentrating and focusing there right now, but that's not to say that the other things that are happening in the tenderloin won't be addresses because we still have the other sector car officers, the other foot beat officers that are still doing what they do. also, there's a healthy street zone that encompasses some of the tenderloin. it's going to take time. it's not going to change over night, but we're committed and we do have a strategy. conceptually, the model, we believe is really paying

dividends. and so that's what we're going to be moving forward to assist all of the other things that are happening in the tenderloin. >> commissioner hamasaki: i think it's good to hear again and good for the community to hear about the sort of multipronged approach that you're taking to deal with the challenges that arise out of this jurisdiction and within the -- as well as the opioid crisis. so thank you. >> thank you, commissioner. >> commissioner mazzucco: commissioner dejesus. >> commissioner dejesus: so i think we should talk about agendaizing the chief's report in a specific way. the chief is talking about the narcan, the opioid, the tenderloin issue, the city injection sites, things like that. they're not actually specifically agendaized, so i just bring that up because as the way it's setup now, i'm

concerned that we're held to whatever the chief decides is the major event of the work or the weekly crime trends and that we're not going abbe able to ask any questions of what happened in the week or happen weekly. so i think we should have some input how we put this agenda together because i don't want to be limited on what we can ask. i notice we're asking a major discussion on something that's not specifically agendaized. it's under the general events, so i think we should agendaize that, as well. >> commissioner hamasaki: could i ask a brief question of the city attorney. i didn't think of it that way, but it is basically to cover what's occurred, you know, in the past week that's of concern that the chief can speak on. what are the limitations on that? >> well, so we discussed this in the good government guide for the city attorney's office.

>> commissioner hamasaki: i have a copy. >> you do? so in that government guide, we discussed the parameters. the chief's report is supposed to be, if we noah heknow ahead want to talk about the command center, any qualifierers that are going to be discussed, if it's going to be longer than 30 minutes, it should be put on the agenda. if not, it will be put on a future agenda. does that answer your question? >> commissioner mazzucco: it's a very exact science. >> commissioner dejesus: it's whatever the chief says -- >> commissioner hamasaki: no. the question was can somebody ask a question about somebody that the chief doesn't speak about. i can't see why if commissioner dejesus has a question about current events, she shouldn't be allowed to ask that. >> she can ask that. what i'm saying is that item should be agendaized property where we're having full-on

discussions. those items should be placed on the agenda more specifically. >> commissioner dejesus: so i guess your interpretation of a full-on agenda, i just asked him what our wellness policy is. i don't know that that would take 30 minutes to discuss. i think he's picking and choosing on what we discuss, so i'm really we can discuss. >> commissioner, i'm trying to follow the rules. >> commissioner dejesus: i understand the rule. the rule says major trending crimes. >> if i may, things happen all the time, and i try and bring them to the commission. if something happens on sunday night, and the commission meets on wednesday, if it is a major event, i try to bring that to the commission. i will follow whatever rules the commission sets, but what i try to do is keep the public and the commission informed on major incidents. if you -- and you can do it whatever way you want to do it.

you are the commission, you are the direct of the police department, but i would just after this. i think if you -- if you limit that too much, it really limits what i can bring to this commission to report. we have homicides, we have incidents, we have spontaneous incidents all the time that are of public interest that i try to bring to this commission as a part of my chief's report. >> commissioner dejesus: and i guess last week, this was a public concern. it wasn't brought in by your report. i mentioned to you on sunday that i would like to talk about it tonight. and i understand i can't talk about it -- an open investigation, but we can talk about the general topic, so it is something that should have been brought up last week as part of, i think, major events that happened during that week. >> commissioner hamasaki: i think based on everything, i don't see -- i'm a little lost -- and nobody's -- nobody's interested in eliminating the chief, what you say, in any way. i don't think that was the implication here, but i think that if there's a question

about current events, i don't see why it shouldn't be asked of the chief if it's part of his chief report. >> so anything can be placed on the agenda 72 hours ahead of time so the public has sufficient notice of that item. so if they have questions or concerns or they want to come address and hear, they're able to do so. anything that happens -- so the commission posts the agenda on friday, so anything that happens after the posting of that agenda, the advice from city attorney's office is that the chief and commissioners can comment on it, but it's really meant to be brief, and so that you place that item on the agenda so the public has sufficient notice so that they can come and listen. >> commissioner dejesus: yeah. i think it's selective enforcement. it's a pretty basic question. he can answer it in 30 seconds or length. we can put a presentation on later, but you didn't even let him answer it. i think we need to agendaize

this. >> commissioner mazzucco: please move onto the next item, chief. [ gavel ]. >> good evening, vice president mazzucco, members of the police commission, director henderson and chief scott. i'm just here to provide a very brief update and changes in the administrative code 96-a. reporting. on august 2, the second quarter report was issued by chief scott and disseminated to the members of the board of supervisors, the police commission, and concerned parties, and it's a public facing document. that pick document in its current format which was established in 2014 is now going to change, commissioners. >> commissioner mazzucco: did you get a copy? >> commissioner dejesus: i didn't get a copy. >> that was an august 2 report, disseminated to the commission. >> commissioner dejesus: it wasn't on the agenda. it wasn't given with this particular agenda.

>> commissioner hamasaki: i guess i'm just asking for something we can refer to during this report. >> not so much that the actual report, but the report mechanism will be changing, and i'll tell you what is occurring with the 96-a report, very briefly and what is changing. the current report was issued august 7. it is a backwards facing looking document, obviously. we have changed the formatting because the california state department of justice has created through legislation assembly bill 953 which the racial profiling and identity act of 2015. it's a phased approach. we are part of that initial phase, phase one. the reporting temechanism of a 953 versus 96-a are not compatible.

supervisor malene acohen who brought the legislation for 96-59 forward. she mentioned that catching both sets of data would be conflicting and confusing because how the data is captured versus the new mechanism would be one, too much in terms of data capture, it would take officers off the street, it would be too cumbersome on a reporting mechanism, so there was a reporting made to mechanism 96-a, so we are taking the demographic data from traffic stops, pedestrian stops, and use of force out of the 96-a report. what will remain is officer complaint -- excuse me. i have to digress for a second. what will remain in the 96-a is strictly use of force and officer complaints. so you will continue to have a reporting mechanism for administrative code 96-a for those two items.

starting july 1, we started reporting with california d.o.j. with their method for capturing data. it's a very cumbersome process. and every contact that every officer makes has to be captured electronically either through a smart phone or going to a car that has a modem or to a desktop application at the station to enter in every stop. very, very cumbersome. the data is very aggregate. california department offus i say is still working on a reporting mechanism, so in terms of reporting out on this data from july forward, we will be issuing reports in may 2019. that will be a series of catch-up reports that cover commencing july all the way up through -- that will try and

encapsulate all of the information that we're capturing. but the state is working on a reporting mechanism, what that actual report looks like, we are looking to cleanup the data, and then you will have another data set with the other seven large agencies in the state. keep in mind, 96-a did not have a comparable data set, so we are providing you information, but we had nobody to compare it to. we were the only ones, at least in northern california, that were collecting that data. >> commissioner mazzucco: thank you, chief. any questions for deputy chief connolly regarding the reporting and the changes? yeah. commissioner hirsch? >> commissioner hirsch: so i want to make sure i understand what you said. there's data that you took out of 96-a, demographics having to do with stops, other than use of force and officer complaints? >> correct. >> commissioner hirsch: where does that go? >> the data was previously captured in 96-a is now transferred into the new 953

collection. all the historical 96-a information, roughly 89 reports for 2015, that has been provided to an academic research entity who we have an agreement with, and they're doing what i would call a deep dive on that data, and also looking at the context of that data. >> commissioner hirsch: i was really asking going forward, if it's going to be removed from 96-a going forward, where will that data that's being removed appear so that the public and we can see that. >> so the 953 assembly bill generates an annual report, and so it'll be a comparative report between the other agencies that are collecting data. however they have told us that they will provide us our own data that we collected so we can go back and go to a quarterly mechanism. now what that looks like right now, we don't know, but the idea is to go back to, commencing in may of 2019, a quarterly-type environment with

that data. >> commissioner hirsch: okay. and that will be provided still to the academics, and you're going to get a report eventually analyzing the data? >> the 953 data, the r.f.a. board will take the data collected by eight different agencies, and they will be taking that raw data, and they will be doing a deep dive on the demographics and what it actually means. >> commissioner hirsch: at the state level. >> yes. >> commissioner hirsch: and that will be an annual report. >> commissioner mazzucco: commissioner elias? >> commissioner elias: but what about san francisco because i think that demographic information is crucial, and having it in the 953 yearly report is not sufficient to give us an idea with the amount of stops and everything that you listed that are now being taken out. >> the information that was captured in 96-a captures

roughly 19 fields. the 953 capture field which is somewhere between 33 and 43 capture fields encompasses the same data. in fact, much, much more, and the primary difference is in the 953, the racial identity and providing act of 2015 calls for an officer's perception versus soliciting the information from the individual stopped. huge difference, so there's no comparable data. so this is a brand-new data set that we're actually building out that is going to be quite different. >> commissioner hirsch: the question we're asking is how are we going to be able to look at san francisco's data on a regular basis? >> we have to do catch up reports, so in may, you will have the first of two catch-up reports that are looking from july 1 in a quarterly cycle, july through september and obviously october through january , and those quarters.

>> so we have to wait until may 2019 to get those two reports on the demographics that have happened, essentially almost a year worth of stops and data? >> yes, commissioner, that's correct. >> commissioner hirsch: if i may interject, commissioner hamasaki, you're going to ask my question. >> commissioner hamasaki: i've already been given a little bit of background. the 953 is going to be significantly more comprehensive, so it's going to be an improvement as far as collection of data on current stops to the current 96-a model is that accurate? >> that is correct. >> commissioner hamasaki: and that is all going to be collected, and the issue is there is going to be a lag before we go to quarterly reports, so we're actually going to be having the quarterly reports with more information. >> that is correct. we don't know what that report will look like, but it will commence in a quarterly format.

because it is a new data collection system, we have to build it out. >> commissioner hamasaki: yeah. i think the question -- the questions are -- does that answer? there's a lag. >> commissioner elias: it's a long time to have -- yeah. >> commissioner hamasaki: is there any way to -- >> we have been working with the state on reporting mechanisms. they understand our need about the report for this data. when we discussed this with president cohen, we discussed this. if we are continuing the 96-a environment and the 953, we are taking officers and creating two different data sets which take an officer off the street and they're answering the same stuff with two different sets of questions, and it just doesn't work. it's conflicting data. so the questions that the state developed, it's someplace to start. it's not just a san francisco

lens, which is a concern here, but it's the ability to compare san francisco to los angeles to san diego to c.h.p. and see the stops, if there's commonalities. >> commissioner mazzucco: we want to see if this police commission and the public knows what's happening on a quarterly basis. we don't want to wait until may 2019. we want to see each quarter so in case issues start to emerge, we can be on top of it. >> commissioner dejesus: eight months is a long time. >> we agree it's a long time. the state is giving us back data for our first two months, the first two months that we've collected data. however there are a number of errors involved because this is a brand-new process, and we don't know what the state -- what the format of the state reporting out is going to look like because we don't want to deviate from something that seven other departments are doing, and then where's the

comparative value? >> commissioner hirsch: chief, i just want to ask, do you have ad idea when the department will get the data from the report? >> a deep dive in spring. we've provided all the historical 96-a reports, plus all the policies, procedures historical data, and then they are doing additional analytics. they're going to be issuing a survey to department members which is going to be measuring department culture, officer attitudes, and that will be fun of the final points of the entire process. >> commissioner hirsch: thanks. >> commissioner mazzucco: thank you, chief. call the next line item.

>> clerk: item 3-b, d.p.a. director's report, report on recent d.p.a. activities and announcements. >> commissioner mazzucco: good evening, director henderson. >> good evening. thank you. we are at another new high for the agencies in terms of cases opened. i know i report on this but i think it's significant because these are some of the highest numbers that we've ever had in the agency. we are at 459 cases that we've opened now. last year at this time, we were at 368, and those numbers continue to go up and i'll continue to give you updates. we are at 402 cases that have closed so far this year, and we currently have open 289 cases. in terms of the 270-day cases, we are at 29 cases that are -- that have investigations that have been opens more than 270 days, and of those 29 cases, 17 of them are tolled.

at this time last year, we were at 60 cases that were past the 270-day cases. as a reminder, though, i will say that those numbers are in better context with the 3304 report that i gave last week in terms of us not coming too close to or blowing any of the deadlines associated with losing jurisdiction on the cases that we have that are open with ongoing investigations. this week, we started making selections with our senior investigators, and just today, we just had an outreach event at the village in visitacion valley, which was for residents in and around sunnydale for supportive services that we did with the -- in partnership with a number of external community agencies. i will also say that we started working on the report that i gave last week in terms of the quarterly report, so the next

quarterly report that you receive is going to be different. we started framing what that looks like, and again, it will look more like our annual reports as were published this year, so they'll be much more readable, the data collected will be summarized and analyzed and presented to you, and it'll still be in compliance with all of the mandates from the commission, the charter, the board, the mayor. there's a whole series of them that'll all be outlined and explained. i referenced the source reason that we had the quarterly reports from the last meeting, but all of that's being evaluated now to better produce a report that's going to be more meaningful to the commission and more importantly better readable or more accessible to the public. any way, also present in the audience today is our senior investigator, sarah mandarin, in case there are issues that come up today.

i would like to report in conclusion, the supreme court just ruled this evening, and they declined to review the officer texting cases. and so we have reinitiated the -- and will reinitiate the discipline proceedings immediately in all of those cases based on that ruling. it just came out from the california supreme court just a few hours ago. >> commissioner mazzucco: you took my announcement, mr. henderson. >> follow the law. these are our cases, and we are ready and eager. thank you. >> commissioner mazzucco: thank you, director henderson. i have to ask, is there a trend that you see if we're up from 360 complaints last year to 459 this year, is there a trend, a why there's more complaints? >> i think more people are starting to learn and hear about our agency, what we do and how we do it.

hopefully, they're having easier experience to access us. i think one of the big differences that we have this year that we didn't have as well developed last year was access to language services, so having communities that can speak their own languages come and access our services, i don't know this yet because we don't have all of the numbers there, but when i look at what the changes have been in the agency in terms of broadening our doors or open our doors wider so that more people can access our services or access our investigators, that's one of the things that i know was likely to make a big difference, that we have access in seven different languages, and on the back end of that, i will say our expanded presence and outreach that is more focused and broader community

presence is probably allowing more people to know about who we are and what we do and how to access us. i think you'll see another big change once we reinitiate our website so that people can more easily access us on a phone or tablet. but that's my opinion so far. >> commissioner mazzucco: commissioner elias. >> commissioner elias: yes. thank you for asking that question. that was one of them. you said there were 459 cases open, and then there were 289 cases open. >> cases open and cases pending. so the difference between cases that have been opened and cases that are pending and if you look at other enforcement agencies that do oversight, they do something similar. we don't restrict those cases, so we accept 100% of the complaints that come in to us and do an assessment, and then, the difference between the cases that come in the door and the cases that are pending are

the cases pending are open investigation, and then that fall-off number is assessed from cases that were closed at outtake or cases that were sent to mediation or for whatever reason didn't make it through to an investigation. >> commissioner elias: and i cannot wait to see what your new quarterly report is going to look like because as i've told you on numerous occasions, the numbers and reporting that you have -- that have been provided in the past are very confusing, and they don't tell the story i think they need to tell. >> and i agree with you. and i think in the past, the issue was it's hard to tell what's consistent because they're just data points, and they're a data dump without the sophisticated analysis or the curated graphs to explain how it's tied to the rest of the work. it will look like the annual reports where the work was done ahead of time so it's readable or palatable to the audience in

terms of what the numbers were, what the actual out comes were, and what you can expect to see in those reports is a broader comparison of the work being done in san francisco to other state agencies. i think it gives people a broader sense of clarity to know how good a job of what san francisco is doing compared to what other cities are doing or attempting to do. >> commissioner mazzucco: anything further for director henderson? thank you. please call the next line item. >> clerk: item 3-c, commissioner's reports, commission director's report. >> commissioner mazzucco: the california supreme court has denied to hear a very important matter. the chief justice had ruled that the one year statute of limitations for cases when there's a pending criminal matter, that the police department had acted properly in waiting to file the charges,

so the california supreme court has denied review, so the cases will proceed to the commission. they're no longer legally stalled. commissioners, any other reports? commissioner hirsch? >> commissioner hirsch: yes. i had previously reported to the public and to the commission that i had asked the city attorney to give an opinion about what additional disclosures could be made on police discipline, given the restrictions we have in the law. and on friday, sb 1421 was approved by the senate, which actually will change the law, assuming that the governor either signs it or lets it go without a veto. and so the city attorney contacted me this week and said they are waiting until that law is enacted and then they will write a revised memo, so that'll delay the report but it'll give us greater ability

to disclose information on disciplinary matters. >> commissioner mazzucco: commissioner elias? >> commissioner elias: yes. i wanted to report that i was able to visit the hsoc headquarters on turk street at the department of emergency management. it was very inform ative infor the agencies working together to address the homeless crisis. i was sad to hear that the numbers in the program or the referrals made by officers was declining, but they are hopeful that they can work with the hsoc program to get the numbers back up and address the numbers of mental health and homelessness in the city. commissioner hamasaki and i did attend bayview lineup, which is why we were late today.

we learned some things from the officers. it's very beneficial to go out there and speak with the officers one-on-one and actually find out what is happening and what issues they're facing on a daily basis so we can become aware of those issues and that's how we're able to sort of resolve the narcan issue and we're planning on continuing doing that to learn the issues that doctors are facing, so -- >> commissioner mazzucco: i want to thank both you and commissioner hamasaki for doing that, and d.j., i'll recommend that you do the same. it's good to go out to district stations to see the officers where they are working, and they'll share with you their feelings and complaints, because they have complaints. they have no problem complaining. it's a little bit of a trend in the police department. it's good to get both perspectives because we hear a lot of complaints from the audience and from the public. it's always good to hear what the other side has to say, it's good to hear what their concerns are about training, safety equipment.

commissioner hamasaki, you're next. >> commissioner hamasaki: thank you, vice president mazzucco. to follow up on what commissioner elias said, i think it's a really -- you know, as new commissioners, and both of us having a background in criminal defense, you know, a lot of what we saw in our careers before this point was maybe some of the negative aspects or hearing reports from negative aspects of policing, but it's good to get out there and hear from the officers firsthand and hear about the challenges they face day in, day out, every day that they really are impressive that people are able to do that -- do their job under exceptionally difficult circumstances. i've learned a lot from the process. i look forward to continuing to do it. as vice president mazzucco said, mr. brookter, i hope you'll join us. i think it's a great opportunity.

the other thing that i did this week was i joined commissioner -- or vise press and others in attending the 7 -- vice president and others in attending the 75th memorial in honoring fallen police officers, officers that have died or passed in the line of duty, and also honoring the other officers that have died after retirement. that was my first chance to attend it, and it was a very moving ceremony. when you're sitting among the family, friends, the fellow officers of people that have died in the line of duty while serving our community, it's very powerful. you know, one of the things that was impressed upon us in our station visits was a lot of

times officers hear nothing but the negative, and unfortunately that's what our media chooses to cover -- you know, i didn't see any media out there on sunday when we're memorializing people that have fallen while serving our community. we overlook the sacrifices police officers and firefighters make in their job, and i would like to see more of that, the positive sides. i don't have a problem any time up here criticizing or challenging our police departments to be the best that it can be, but i also want to honor them and their service, and i was happy to do so alongside our fellow commissioners on sunday. >> commissioner mazzucco: thank you very much. please call the next line item. >> clerk: item 3-d, commission announcements and scheduling of items identified eyed for consideration at future --

identified for consideration at future meeting. >> commissioner mazzucco: make an announcement. at the last meeting, i had announced that we would probably revisiting joining the joint terrorism task force and joining the f.b.i., putting that into the public, and i tentatively agendaized that, i made the mistake of saying possible action item, but for discussion on october 10, and i think a lot of us have been contacted by a lot of different people, so there's a lot of concerns, you know in light of the state of the current u.s.d.o.j., and light of the people running the f.b.i., i think the confidence is quite low. we need to have this protection because there's another side to the protection of san francisco and our community. i'm thinking of putting this down the road with possibly a town hall type of meeting which is focused directly on this

issue, where we can hear from everybody, what their issues are. commissioners have opinions, and commissioners have opinions that have changed drastically. so i think what we need to do is look at this and hear what the current state of things are, and do the umm ka, rational balance. i think we should look for possibly early november , but the conversation has started. i spoke with john crew, formerly of the aclu, who was very successful last time in reaching an m.o.u. with the f.b.i. they'd have to agree to it, but there is no draft of an m.o.u. this is the beginning of a conversation, so that's my suggestion. >> commissioner hamasaki: and i would thank vice president mazzucco, as well, because my phone was ringing off the hook, as well, and set off frustration in the community. >> commissioner mazzucco:

commissioner dejesus? >> commissioner dejesus: rightfully. i think they were able to bring to attention at chief scott's first meeting, we weren't in compliance of our own policy. it was subject to interpretation of what the policy actually meant, but i think a town hall meeting is a great idea, and they can raise their concerns to all of us before we enter and sign into an m.o.u. so what i'd like to say, i already mentioned two items that i'd like to add. we mentioned putting on the wealth and disparities on october the 3. i'm wondering if we can put that november the 10. and you know, their stats may show something different, the department. that's fine. just be aware of that. i think the department can present what they have and we can present what we have.

>> commissioner mazzucco: commissioners anything else -- and also on october 3 agenda, as commissioner dejesus said, if we could agendaize how we handle well-being calls. >> commissioner dejesus: well, and the second thing was how we describe the chief's report on the agenda. exactly. thank you. >> commissioner mazzucco: anything further? >> clerk: commission, just for members of the public, the commission will be dark for the next two weeks. the next meeting will be held on october 3 here at city hall in room 400 at 5:30 p.m. >> commissioner mazzucco: okay. thank you. call for public comment now. >> clerk: any public comment on items 3-a through d? >> commissioner mazzucco: public comment's two minutes. yes. >> so what i find is, this commission, instead of being very clear on -- in your

discussions, you all are very convoluted, and being convoluted is dysfunctional, so the people at home, when they listen to this, if you all are not harmonious, have your cat fights and everything, they are not going to pay attention to your deliberations. so how can we address community policing when you commissioners haven't addressed a real fact that over 85% of your police force don't even live in your city. we have a very astute, high caliber constituency in san francisco. it just takes them two minutes to figure out where they should listen to you all or not listen to you all. so you all need an orientation of how to have a dialogue as

opposed to a dialogue. thank you very much. >> commissioner mazzucco: thank you, mr. de-costa. good evening. >> how you doing, sir? >> commissioner mazzucco: fine. >> i want to explain how you are keeping information and statute of limitations, how you're continuing to open up new cases and everything, i would like to see that philosophy apply to untested rape kits. when i first talked to you about that, and talked to your captain, i received a telephone call that i could not get the total amount of kits that's not been placed in the codis electronic system, which is the best tool to catch rapists who are in the system, like mr. deanglo. he could be committing rapes in san francisco, and you could

have his rape kits in san francisco in the hall of justice, but because those kits have not been tested, you've got no way of knowing. so it's like me running into a brick wall with my demonstration, and the fact that i was telephone called by a captain, saying that that's confidential, and he can't give me the exact number or tell me how many numbers, period, have been tested, i think that's something for the commissioners to address. >> commissioner mazzucco: thank you, sir. i think that we're ahead of the curve on rape test kit testing. if i'm not mistaken, i don't think there is a backlog at this point. there is no backlog, so that's old news. mr. jones? >> if it please the commission, my name is john jones. i'd like to repeat my

dissatisfaction with the style and manner of commissioner -- pardon me, chief scott's report. getting up there and reading to us and the audience from a bunch of crib notes, figures, is not an informative, and it is not a serious attempt to communicate police matters to the public. now, if we had chief scott's report in writing ahead of time, those of us could study it and perhaps pose questions for chief scott so that the commission is not effectively insulating chief scott from criticism. you want to experience from this podium the angry questions that chief scott would get so that you can understand the kind of anger that his officers have to deal with day in and

day out on the streets. the idea that popped in my mind was conduct of british house of commons question time. now i think the commission has the collective smarts to handle that so that chief scott is only minimally abused, but he will be abused. but the public will be informed. thank you. >> commissioner mazzucco: thank you. interesting analysis. chief scott. >> hello. i just want -- this is not my public comment, but i just wanted to talk -- you were talking about opening up cases again, and i'm talking about my case that's supposed to be opened up. i have not heard from my investigator regarding my son's homicide, so first talking about opening up cases, you

know, is my case open 'cause i'm not hearing anything. and not only just for my case, there's several other of homicide cases that are not being opened that's not solved. so i'm bringing up these -- these here, including mine's. i have not heard from my investigators. every time i come here, we're talking about the homicides that have happened, the homicides that hasn't been investigated yet. i need someone to talk to my investigator and tell me what's going on with my son's case. if you hired a new investigator, a retired investigator, to come and reopen my son's case, then i should be able to hear from that investigation -- investigator, not once every six months. but let me know what's happening if you rehired him

for my son's case. i don't need to hear that there's other cases take priority over my son's case if you hired him for my son's case. i don't know what's going on, and it's nothing against him, but i need to know what's going on. i have that right as a mother, so please. thank you. >> commissioner mazzucco: thank you. i'm going to check for you on that. any further comment regarding the line items in hearing none, public comment is closed. please call the next line item. >> clerk: item 4, discussion and possible action. >> commissioner mazzucco: commissioners, in front of you in your packet is a timely file and presented to the public addendum to the m.o.u. with the california state department of justice. just by way of history, the united states department of justice through the cop's organization came in and made

272 recommendations after a floor-to-ceiling audit of the san francisco police department. unfortunately, the u.s. department of justice no longer was providing that service, so what we've done is the mayor's office has reached out to the california -- california state department of justice, and the attorney general's office to basically review some of the work that has been put in play already by the police department, and also to work with our consultant to have the -- they have the consultants have the professional expertise of hillard and hines. keep in mind everything every day ends up with the ulta professional. i just want to take the commissioners to paragraph 2-h, page 2, under subpart b, and it

says the cal d.o.j. will consult with the represent avof the commission. this was such an important. i was kind of hoping that the cal d.o.j. would consult with the entire commission. so i think it's important that we speak as a body of one, so i just wanted to talk a little bit about that with the commission before we move forward. i know that commissioner hamasaki worked on this. >> commissioner hirsch: i'm having trouble finding where you are. >> 2-bb, oh, you were right. page 2. >> commissioner mazzucco: commissioner hamasaki, did you want to address that issue or talk about that? >> commissioner hamasaki: so you're referring to under 2-b, subsection b. so -- where's the final -- okay. there's -- and where does that fit into the -- okay.

so if you turn to section under the -- section 4 of the actual m.o.u., there's two documents that have been provided. one is the addendum to the m.o.u. which outlines all of the items or -- that have been either amended or added in whole, and then, there is the m.o.u. that does not have them -- this happens -- did we provide the insert -- the document with them inserted, as well? >> you have two documents: the actual m.o.u. that was signed, and then, you have the did ann dumb. and so i think -- have the addendum. so i think you're looking at

the language of 2-bb in the addendum, and underlined is the new language. >> commissioner hamasaki: right. and so -- but -- so when -- when explaining where this arises out of, actually, it arises out of section 4, which is on page 4 of the original m.o.u., and on page 3 of the addendum. so there's a section titled -- wait. okay. "open lines of communication" in the original m.o.u. at page 4, and under -- it outlines, under sub -- subsection a that the parties will work collaboratively, and subsection b, that the sfpd will assign a primary point of contact for the cal d.o.j. within sfpd's command staff for the duration

of the m.o.u. under subsection 4, we inserted a subsection c that states, "the commission agrees to assign an individual commissioner to act on behalf of the commission for the duration of the m.o.u.." now, i think this -- are you lost? so if you put the original to the left side and the addendum to the right side, on page 4 and page 3, there's a bolded section on each one that says open lines of communication. and on the m.o.u. side, it says, the commission -- that the commission will sign wup, as well. and so first of all, i want to acknowledge that bob hirsch did the majority of the work on this addendum.

this was before commissioners elias and i came onto the commission, and i -- i think we're all grateful for the work of the -- of the commissioners present and who are on fire who stopped this process in its tracks because the police commission was cut out of the m.o.u. for -- for whatever reasons. commissioner hirsch stepped in and drafted the majority of this m.o.u. i -- when i came on, i had some discussions with cal d.o.j., and they wanted -- they had some concerns about how we worked together to ensure that, you know, they're the independent oversight agency over the reform process as an outside agency. we are -- well, the police commission, this is our jurisdiction. we have complete authority and control over the end product