a lot of vehicle break-ins in this area specifically, they target this area, rental cars or vehicles with visible items. >> this is just warning about vehicle break-ins. take a look at it. >> if we can get them to take it with them, take it out of the cars, it helps. >> clerk: ladies and gentlemen, the chair has called the meeting to order. can you please turnoff your electronic devices. they tend to interfere with the equipment in the room, and can you please rise for the pledge of allegiance. [pledge of allegiance] >> clerk: commissioner mazzucco, i'd like to call roll. >> commissioner mazzucco: please do.

[roll call] >> clerk: commissioner mazzucco, you have a quorum. also with us tonight is chief scott and the director of accountability paul henderson. >> commissioner mazzucco: and thank you very much, sergeant kilshaw. ladies and gentlemen, well to the sept 12, 2018 police commission meeting. before we begin tonight, i want to let everybody know we have two brand-new commissioners, freshly minted and one sworn in. we're -- damali taylor is not with us tonight on a preplanned vacation, so she's out of the country right now. we do have with us our newest commissioner, deon jay

brookter, who was sworn in about an hour ago. he's going to get a crash course in the san francisco police commission. d.j. is a native of fresno. he was a star football player. from there, he went onto utah state, where he was a star athlete. he'd come out of college, he got his m.b.a. at the university of phoenix. following that he's been working in the community as a community activist, community member working with many departments of the city for several years. he got the greatest compliment in the world when he received a phone call the other night from former police commissioner dr. joseph marshall, who said d.j. is who i was 30 years ago, and once i heard that, i said god, we really got lucky. i want to thank mayor breed and the board of supervisors, so i just want to turn it over to d.j. to give a little bit about

his background that i have not included, so welcome board. >> first and foremost, i want to say it's an honor to be here with you all, and it's an honor to be on the accomplice commission. i actually applied down in fresno to be a police officer, at one point in time. i remember growing up officers were coming into my elementary school and middle school and spending time with us as we bridged the gap between communities and law enforcement. it was a lot of fun, so much so that i took the test to become an officer, and unfortunately, chief, i scored in the 80 percentile, and they were taking folks to folks in the 90th percentile. i have given my life to public work. being on this commission it ensures that we continue to have a community voice and be have the community heard as we continue to push reforms that the department is doing so well

on thus far. but i'm looking forward to rolling up my sleeves, working alongside with you, just excited to be here. >> commissioner mazzucco: well, strap it on. we're we'd to go. with that, call ice one. >> clerk: item one, award presentation action, presentation of award by the american legion for officer of the year award to ana cuthbertson. >> commissioner mazzucco: good evening. >> good evening, and thank you for having us here in your busy agenda. i'm gary gee. i'm the commander of san francisco police post 456, the american legion, which is the nation's largest military veterans organization, celebrating its 100th anniversary. i'm also a member of the american legion statewide law

and or the commission and represent eight varied counties, including san francisco. each year, the law and order commission honors two california law enforcement officers and two firefighters. one from each of those classifications for value oor the other for community. nominations are submitted to the legion's respective law and order commissioners. in may, the six commissioners convened to discuss the nomination and determine a winner from each of the four categories. in june, the winners received their awards at the legion's annual statewide convention, which this year was in sacramento. ana cuthbertson was unable to attend the ceremony in sacramento. she joined the san francisco police department in 2007 and

is assigned to the richmond district station. prior to becoming an sfpd officer, she served in the u.s. army for six years. during officer cuthbertson's career with the sfpd, she signed nine years with the army reserve. in 2010 and 2012 she was deployed to afghanistan, responsible for supporting and building a local women's center where she developed and taught classes to help afghani women increase their birth rate and become self-sufficient. she was an advocate for afghani women and the challenges they face. as a police officer as richmond station, she volunteers to deliver food to seniors and spends much of her off-duty

time volunteering at many of her daughter's social and school activities. last year, officer cuthbertson learned about 64-year-old june greelus and her family. mrs. greelus was suffering from end stage renal disease and waiting for a transplant for 3.5 years. cuthbertson who was 16 when she lost her mother, thought about how she could help since joan's daughters and husband were not a match. in a self-less act, ana determined to donate one of her kidneys to mrs. greelus. she was not a match but they

were put into a registry of pairs of individuals who wished to donate and receive organs but aren't matches for each other. cuthbertson was subsequently a match for another stranger whose willing donor intern paired up perfectly with someone else. as a result of chain of matches would affect 18 persons, nine donors, including cuthbertson, and two patients, including greelus. last december, greelus underwent a successful kidney transplant, and ana underwent a surgery that would save another's life. this all while employed as an sfpd officer earned the law and order commission's unanimous

vote as officer of the year for community service, to please join us in honoring officer ana cuthbertson. [applause] >> commissioner mazzucco: first of all on behalf of the commission, actually each commissioner will probably talk to you, what you've done, what you've always done, joined the military, joined the san francisco, your reputation for being a good, hard working police officer, but doing what you did here is far more than what he have we've ever asked for anybody. and it's an honor to have you on our police department. you're an incredible person,

and i'm sure you did a lot for your mom's memory by doing this. you truly deserve this award, and you're a hero in my heart. commissioners? >> i've never heard of you before, but you're astounding, and it's an honor to know you. >> commissioner mazzucco: absolutely. just hearing that story i think restores some faith in human kindness in who we are as a people. i remember i got the opportunity at utah state, actually it was right around of time of katrina to help folks that had been displaced and less fortunate. in my line of work, working with a community based organization, it's refreshing to know there are other individuals out there just like you that are doing things to ensure that human kindness is still prevalent and it's there, and i just want to thank you for your service and thank you

for who you are. >> thank you. i appreciate it. >> commissioner mazzucco: commissioner dejesus? >> commissioner dejesus: the fact that you're helping women, afghani women in need, is impressive, and juggling what you do is also incredibly impressive, so just thank you. >> commissioner mazzucco: i also want to thank gary gee who was the chief of the b.a.r.t. police. we also have with us retired captain greg corrales, former marine, who's also part of the post. thank you very much. >> thank you. [applause] >> commissioner mazzucco: please call line item number 2. before we move into that, we have -- ladies and gentlemen, we have a real, real, very heavy agenda of closed session matters involving litigation

and discipline, so for that reason, we'll be limiting public comment to two minutes tonight. please call line item number 2. >> clerk: commissioner, we need public comment on item 1 or its presentation, although they've left the room. >> commissioner mazzucco: any public comment regarding item 1 in seeing none, public comment is closed. call item 2. >> adoption of minutes, action item. >> commissioner mazzucco: commissioners, in your packet are the minutes from last meeting, august 15. are there any objections? hearing none, do i have a motion. >> so moved. >> do i have a second? any public comment on the adoption of the minutes? hearing none, all in favor -- all right. >> yeah. last week, i was asked about the special meeting of the task of conducting an investigation pertaining to the catholic church. >> commissioner mazzucco: what we're talking about is our minutes. is there anything in the minutes there -- have you

looked through the minutes? >> i haven't seen the minutes. >> commissioner mazzucco: this is about the minutes. you can talk about that the next time in the public comment. hearing none, public comment is now closed. please call next line item. >> clerk: item 3, reports to the commission, 3-a, chief's report, including weekly trend, crime trends, update regarding secretary quarter 2018 report and compliance with administrative code chapter 96-a. >> commissioner mazzucco: good evening, chief, and welcome. >> good evening, vice president mazzucco, commissioners, director henderson. i will start the chief's report with the crime statistics and transfer this week. happy to and pleased to report that we're still holding steady at 28% down in homicides for the year. we have 34 as compared to 47

this time last year. our total gun violence, we're also down 18%. 109 year-to-date total gun violence victims as opposed to is 33 this time last year, so really, real ly pleased about that. also significant in that same regard is our weapon seizures are up by 32%. we seized 966 weapons -- firearms year to date, so very reflective of the work that's being done to reduce gun violence. with our property crime, overall, we're 6.87% below where we were this time last year. we're at 40,162 as opposed to 43,126. almost 3,000 property crimes below where we were last year. auto burglaries, of course, have been a topic for quite sometime now. we are 15.09% down in auto

burglaries, 17,968 this year, year-to-date, as opposed to 21,153 last year, so over 3,000 crimes fewer than this time last year. couple of things i want to update on, there was a major incident of crime this past week, a homicide on 6th street. actually, it happened on 9-6, at approximately 12:50 a.m. it involved an aggravated assault with a metal cane. we have video evidence that was able to capture the incident, showing the suspect got upset at the victim over a slice of pizza. the suspect then hit the victim with the cane resulting in injuries to the victim. the victim was transported to san francisco general hospital sucker bu

zuckerberg and ended up succumbing to the injuries on 9-9. we have some information, but as with every homicide, we ask for the public's help. if you saw anything, know anything, please reach out to the san francisco homicide unit on that particular case. also want to update the commission and the public on some work that we're doing just across the street at u.n. plaza. you know, the san francisco police department recognizes that the u.n. plaza has long been problematic. there are a number of illegal behaviors that are commonplace there. drug dealing, quality of life, public urination, just bad behavior. we have targeted efforts over the past year, and we've seen some success along market street and the u.n. plaza on that. in terms of just arrests, the tenderloin station has 588 arrests within the plaza itself

and within 500 feet year to date -- actually, the number's higher. 637 either bookings or arrests. so we know that the work is being done, but just the arrests by themselves, in and of themselves, is not going to solve the long-standing issues that have been happening there. so to address the issue, part of what the department is doing, first of all, we're working collaboratively with the other city departments, the department of public health, the department of public works, the department of homelessness and supportive housing, and really under the mayor's leader should be, looking at this as a team effort. the department has put our mobile command vehicle in the center of u.n. plaza. we've upped our number of foot beat officers there. you will see some of the hondas, some of the bicycle officers. we really want to have that public space usable and user friendly to anybody who wants to come in enjoy it. as you know it's a major

transportation hub. a lot of people use the u.s. civic center b.a.r.t. station to get to work and enjoy market street and this area. we've gotten a number of public complaints about the behaviors, the drug dealing, the drug usage there, so we're committed to making that public space safe for everyone, and you will see a large presence of officers there for the foreseeable future. if you want to follow what's going on, our tenderloin district captain does a great job in terms of at least letting the public know the arrests are being made, and you can look on the tenderloin twitter and follow that. also the work that we've been doing with the healthy streets operation center, that will be integrated into our efforts at u.n. plaza. the bottom line is we do have a lot of issues that are long-standing issues that are far more complex than just the criminal justice issues.

one of our officers and myself right in front of us ran across somebody that had overdosed, and thanks to tenderloin officers, food beat officers that had narcan in their possession, that person survived to see another day. when we got out of the car, the person that was with him was actually doing c.p.r. because he was unconscious down on the ground and did not appear to be breathing. they were able to revive him, but that just points out some of the complexities that we're dealing with. we do have a problem and it's going to take all of city government as well as the public getting vested. i want to follow that with the city's endeavors, safe

injection sites. i've been asked this question of many public venues and meetings, and asked how i feel about it as chief of police. i'd like to say it from the department's perspective, rather it is our mission to protect the public, to prevent injuries, deaths, whether it be from violent crimes, suicide, drug overdose, just like i experienced today with the officer that i was with, we know that this opioid crisis that we're dealing with, not only in this city, but this country often leads to fatal out comes, and addressing that crisis includes a multifaceted plan, including different approaches to the problem. safe injection sites have been spoken to avert overdoses, and the city is, under the mayor's leadership, is looking at that as an option. as far as the san francisco police department is concerned, whatever we can do to save

lives of the people in our city, we need to try that. we still can endorse the law. drug dealing, drug possession, it's still illegal, and we still will enforce the law, but the bottom line on saving a life is saving a life, and we need to try whatever we can to save lives, and that includes enforcement, and whatever other public health options we have at our disposal, so we're committed to working with our department agencies on that front, working with the stakeholders and doing our part in terms of trying to prevent deaths on our street like almost happened today right in front of me. the next topic, staffing and overtime, as i promised the commission probably six months or so ago, we would give periodic updates on our over time. i'm pleased to report that ending fiscal year 2017 --

2017-2018, which ended on june 30, we made our overtime budget. and i know commissioner dejesus has been very much on top of keeping up with that and tracking that, so i'm very happy to report to commissioner dejesus as well as the whole commissioner that we made our budget. year to day we're 3% below our over time budget, so we're doing really well on that, as well. again, i know the management of public dollars are very important. we want to use the funds that were given by the taxpayers efficiently and just happy and pleased to report that we made our budget and we're tracking very well this year. last thing i have before i turn this over to deputy chief connolly is our staffing for the year. we are currently at 1,834 full duty officers, we have an academy class that's about to

enter at the end of this month, and we have a class that about graduate in about three to four weeks, so that will increase that number somewhat. we did get approval this year to increase the size of the police departmen police department, and i think it's a great idea to expose and be transparent in terms of how we're tracking in terms of the police department. we're 6.5% down with the class about to graduate and a class about to go in, and that concludes this portion of the report. now, we have deputy chief mike connolly. >> commissioner mazzucco: actually chief, before deputy chief connolly comes up, i have a question for you. with the narcan situation you were faced with today, i understand there were four

revivals in the tenderloin today. without the narcan, they would have died, and that would be four did yeaths. i notice in looking at the tenderloin twitter accounts, they post the drug dealers that get arrested on the corner, and the quantities of heroin that they have is much, much higher than i used to see when i was a d.a. it's levels that would get them federal prosecution yet, there's this revolving door with this drug dealers, they're going out and selling this heroin that's possibly taking lives. they say selling is a victimless crimes, but tell that to the family members who have lost loved ones because of it. is there anything you can tell

to the judges, to get them to take this a little more seriously, that it's not a victimless crime? >> that's a really good question, and it starts with the district attorney. we do our jobs, file the reports and to work with the district attorney on really trying to address the -- the dealers is really important, as much as we can impact the supply, but in terms of your question with the quantities and all that, we do have officers assigned to task forces -- or a task force that work with our federal authorities and the u.s. attorney's office. i would like to see more of those cases that meet qualifications with quantity or whatever circumstances that put them in that category prosecuted federally because there is some value to that in terms of consequences that go beyond what we're able to do on some of the state cases in some circumstances. the bottom line is we just really have to be consistent

with the enforcement piece and integrate that with all the other things that we need to do as a city to address this crisis. but the enforcement is a part of that, very much a part of that. >> commissioner mazzucco: thank you. commissioner elias. >> commissioner elias: thank you. i'm very happy to hear the narcan is available at the police stations for officers' use, so thank you. the other question i had -- well, the question i had was with respect to the mobile command at u.n. plaza, i think it's a great idea but is that going to take away some of the beat officers from the tenderloin. i know when commissioner hamasaki and i attended a community meeting, that was a concern for many residents, the police presence in terms of beat officers seemed nonexistent other than the sort of u.n. plaza area, and so i wanted to know what effect, if any, having this mobile command center at u.n. plaza will have

on the foot beat presence in the tenderloin. >> yeah. overall, that's a -- thank you for asking that. overall, a couple things we are planning to do. we met with captains on this issue. it really does take a lot of resources to manage that. and what we hope to do are a couple of things. number one, get it to a place where it's not as resource intensive. so if you have been out there in the last couple of days, if you've seen the same thing i've seen, is a lot of the behavior that was drunking police, you -- drawing police, service calls and complaints from the community, the command post, just the visibility alone makes a difference, so we're hoping overall that it will lessen the

demand for resources there. but we have to sustain this effort for a while to change the narrative of what goes on there. the captain of the tenderloin, captain favry has added just this week four additional officers to the tenderloin outside of the u.n. plaza. that will help. also as we get into a longer term strategy on this, what we plan to do is redeploy some resources from around the city to really focus on this area, just like we've done with some 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 t