>> i pledge allegiance to the flag of the united states of america, and to the republic for which it stands one nation under god with liberty and justice for all. >> commissioner, i'd like to take roll. >> yes, please. [ roll call ]. >> you have a quorum. you also have with us chief william scott of the san

francisco police department and paul henderson. >> thank you, everybody. this is the january 15, 2020, meeting of the police commission. we do have a heavy schedule tonight, so we will have two minutes for public comment. i'm going to change slightly the agenda order. i'll ask the chief to give his report first, and then we will call line item 2 next before we move on to the d.p.a. report. so with that, i turn it over to you, chief. >> thank you, president, vice president, commission, and executive director henderson. i start off today's report with a summary of our crime trends for the week. as of january 13, our overall crimes are down 21% year to date. and i just want to remind everybody we are very early in the year, so these percentages

usually change pretty drastically through the year. with that our total property crimes are down 23%. we've continued to have fewer reported incidents in all categories, with the exception of arson which has increased 22% year to date. our burglaries are down 31% and our auto burglaries are down 21% when compared to 2019. when compared to year 2017, we're down 38%. our total violent crimes are down. specifically drivewaysing homicides, we had no homicides this past week, and a total of one for 2019. that represents a 20% increase.

that is suspects being identified, arrested, and charges being filed. overall, i would like to report that our homicide clearance, our uniform crime reporting homicide rate for 2019 is 71%, which is a good thing for us. we look forward to hopefully putting more cases to closure for the families of homicide victims in 2020. looking at our gun violence, we are down 60% over 2019. we had no shootings during the past week. there have been two shooting incidents year to date resulting in two victims of gun violence, one fatal, one non-fatal. since it's so early in the year, i won't report on the year to date trends for the past five years, but i will say that we are showing a decrease over this time this point of the year for

the past five years, but it's very early. we want to keep working with the community and make sure we keep homicides reduced and in check. in terms of our general case updates, a couple of significant series that are happening right now that i'd like to report to the commission and the public. a robbery detail conducted an investigation into a series of cellphone robberies occurring in the area of poke and hays and hays and larken in december. following the incident on december 20, our motorcycle solo officers detained two 15-year-old suspects in connection with the robberies. the suspects were cited. the two juveniles and two additional juveniles were responsible for all the robberies.

there were search warrants issued and four suspects were taken into custody. we've had school robberies as well. the school at st. laguna has been burglarized. computers have been taken and the school has been burglarized. we have been working hard to bring these cases to resolution. we have some good evidence we have been able to uncover, and hopefully we'll have a suspect identified in this in my report to the commission as this case progresses. also in the news over the past few days has been a pretty significant robbery/home invasion that occurred on hannover street. this occurred on january 8, 2020, at approximately 1:30 in the afternoon. over $30,000 was taken in the robbery before all the subjects

fled from the residence. video was captured of the crime. based on video evidence, our investigators executed a search warrant and arrested five of the multiple suspects that were connected with this case. things from the home invasion were located, including an ar-15 rifle with an extended magazine. next, we focused on reducing traffic fatalities. our vision zero is a big part of that. we have had one traffic fatality year to date, and that was a single-vehicle accident that occurred since the beginning of the year. the department will be presenting our safe streets presentation on february 5 with a lot more details on last

year's breakdown, as well as what we have year to date. 456 traffic citations have been issued by officers for the week of january 6 through 12, focused on vision zero, focused on the five violations. i'm sorry, 69% of those 456 were focus on the five violations. our vision zero team issued 102 citations, with 99 of those focused on the five violations being cited. that's the 97% of the citations were focus on the five violations. as i said, there was one major traffic collision that ended in a fatality that ended on january 12 of 2020 at 1:30 in the morning near bayshore and sun

sunnydale. a person was riding on the side cars and lost his balance and fell under the train. the operator was unaware that the victim had been run over. a tragic situation. so i just want to remind the public, we've had several of these incidents involving l.v.r.s and people either stumbling and falling and getting struck by trains. but please obey the signals and the crossing signals for the train tracks and pay attention to your surroundings. that goes a long way in terms of improving traffic safety in our city. also to address traffic safety, our officers are increasing

efforts to increase bicycle safety. last year there were 29 fatalities, compared to 23 traffic fatalities in 2018. that represented a 26% increase. we're committed to our overall goal of vision zero over the past three years. several areas have been identified with a significant number of pedestrian and bicycle-related collisions. in our effort to prevent collisions, additional officers have been dispatched to focus on the focus on the five, speeding, making illegal turns, failing to stop at stop sign and red lights, and failing to stop or yield to pedestrians in the crosswalk. now, mind you enforcement sometimes equals education. it takes enforcement and education and good engineering to reduce our traffic fatalities

to zero and we're working with the m.t.a. to make sure we're part of that zero vision goal of traffic fatalities by 2024. we had the warriors home this week. they have four home games this week. they played dallas last night. they play denver tomorrow night, orlando, and utah. also, there is a concert with chance the rapper on january 17. so far operations in and around the chase center has been very smooth. we've been able to work out some of our traffic concerns. although there is congestion, many people are taking public transportation to alleviation the traffic congestion. so that's been a good thing for the city. other large events in the city include j.p. morgan who was in town for the annual healthcare

conference. we also have a number of martin luther king junior activities this week. we have a larger event and march on the 20th starting at the caltrain station at 4th and king. members of our command staff as well as our police department will be participating in that march and we invite the public to attend as well. the annual women's mar will be saturday, the 18th. it is usually a well-attended event. it will start at the civic center and will go to the embarcadero center. the 49ers are playing this weekend. we hope we will be victorious.

we will be deployed if the 49ers win as well. i want to report on our overtime status. we are about halfway through the fiscal year and currently we are 6% over our budget in general overtime. several unfunded areas have caused us to be over budget. we are and will continue to try to reel this in, but i want to report on what some of those events were. we responded to a mutual aid request at the kinkaid fire. that was a little over a $300,000 expense. now, that will be reimbursed at some point, but it does cause our overtime costs to go up. also, hospital watches, which is an issue that we struggle with constantly when individuals are arrested and they require medical attention and that

medical attention is prolonged, our officers have to stand watch at the hospital to make sure that the person in custody is basically safe and that the medical staff is safe. approximately $380,000 to date has been spent on hospital watches and that expense is expected to be $800,000 by the end of the year. our hospital at zuckerberg z.f. general does not have a jail ward, so that requires additional pressure on the department to stand watch over the arrestees when they're in the hospital. we'll work with sheriff miomoto and the department of public health on that issue. we hope to actually mitigate that in the coming year so hoping we can reduce that expense. also public records act request, approximately $143,000 has been spent year to date, and that is

expected to exceed $300,000 by the end of the year to handle the new transparency laws that deal with body warrant camera releases. we are still awaiting the nine civilian positions that have been approved to be filled. we do believe once those positions are filled -- we're in the process of filling them as we report to the commission. we hope that will mitigate and reduce our overtime costs. also our academy training classes needed a greater level of course instruction, mainly remediation. we are attempting to retain the candidates in the academy that we have worked so hard to get in the academy. a lot of remediation and that takes time to do remedial work. our goal is to retain candidates so we can get them on the streets to police our city.

$250,000 in academy overtime is budgeted, but we expect those costs to be around $500,000 by the end of this year. lastly, the buffin settlement, to comply with the terms of that settlement, the department will left $620,000 that was left unfunded in the november 2019 supplemental ordinance. so we have to absorb those costs. then the last thing, our targeted proactive investigations which have resulted in good crime reductions have come at somewhat an additional expense, some unanticipated in our overtime. so again, practices and policies to make sure we manage our overtime appropriately and look for ways to mitigate or reduce our overtime costs. hopefully we can do that by the end of this fiscal year with six months left to get back in line with our fiscal budget.

so that is for this portion of the chief's report, if the commission has any questions. >> thank you, chief. i want to clarify something. when you're talking about expenditures year to date, that's a fiscal year june, june to june? >> yes, sir. >> thank you, chief. there was a lot in that update, and i obviously won't get to all of it, but i have some questions. you mentioned the disturbing trend in school burglaries. can you -- someone has good taste in music out there. >> great song, but please keep that off. >> anyway, you mentioned the disturbing trend in school burglaries. can you tell us both --

obviously there are things you could convey, but where the department is in terms of making arrests. having that many critical supplies in electronics being stolen was, i'm sure, crippling for these commissioners. >> yes, a couple of strategies that we employed. we actually put surveillance on i mentioned one of the schools that has been burglarized multiple times. we had surveillance units on that. it didn't yield an arrest, but we did uncover a potential suspect that we believe was casing the location. we were able to identify that person. also, there has actually been evidence that we uncovered that has led to the identity of one of the suspects. he is not in custody at this point, so that's ongoing.

but a good piece of forensic evidence and that could be a big step in terms of solving several of these. there is other evidence that we are awaiting forensic results to come back to the scene. also working with the schools. we've done surveillance and put extra patrols in the area, particularly for the schools which have been hit multiple times, particularly two of them. we're going to continue to employ those. we don't see this as a growing trend. at least one of the schools, the people responsible did quite a bit of work to get in the school. quite elaborate in terms of the he testified earlier they took to get into the school. that was one of the bigger hits where 30 computers were taken. we're going to continue to work and i hope we will have one case where we have solid evidence and

we have a resolution in that in the near future. we've identified the suspect. we just have to identify the person. >> in terms of trying to recover after computers get stolen, do you know if any of these schools have ways for the public to donate or attempt to help or are they being assisted in any way of trying to recover? >> that i'm not sure of and i can follow up. in terms of that, a lot of work has been done in collaboration with the district attorney's office. earlier the district attorney's office had a joint press office with the d.a.'s office, several entities including the sfpd. there was a lot of property recovered from operations. some of that property has yet to be identified. there was a lot of computers there. we're hoping that some of those computers are in that lot of property -- several lots of property that have been recovered.

we haven't identified the owners of all of those pieces of property yet. also working that angle, the fencing operations, we're hoping to do more work with the district attorney and others to identify additional fencing operations because that's how we recover a lot of the property. in my opinion, when you steel in that volume, you're usually looking to unload it. we're hoping it will turn up through these fencing operations. we've had some success, but definitely more work to be done. >> if you can find out if there's a way to don't. everyone cares about our schools in our city and i'm sure everyone would want to help as much as they can. my second question is about the home invasion. you mentioned there was an arrest. has that person been charged? are there additional charges to follow? it doesn't sound like it was a

one-man job? >> it was not. the juniarrest was a day or two. it was multiple individuals involved in that arrest. according to some of the reports we've gotten, that same group of individuals have done the same thing in other cities in the bay area. we're going to join forces with some of those other departments and see if we can work together on these cases. >> if you could follow up about a charging decision and additional arrests. >> will do. >> commissioner hamisaki. >> chief, i wanted to touch on the press conference that happened last week with the u.s. attorney's office involving the philmore shooting that happened i believe last year. i had some concerns and some of

these concerns have come up before this commission about the department's work with various federal agencies and some of the issues with the recent settlement that was in the paper regarding the racial -- the targeting of racial minorities by d.e.a. agents and them essentially dragging sfpd into this. so the report that came out of this police commission -- and again, you know, i thought you did a fine job. but the u.s. attorney decided to turn the moment into a political stunt and started slamming our city for being a sanctuary city. that gives me a lot of pause and we're going to have to reconsider the degree to which this department is going to work with these departments if they can't as a law enforcement agency respect our local laws, our policies, and our city. and i thought it was extremely

disrespectful of the u.s. attorney to do that with you there present. i thought the department got used like a prop to push the trump administration's agenda. i'll be very clear that if anything like this happens again or continues, i'm going to push to terminate relations with the federal government because this is cheap politics and taking advantage of what otherwise -- you know, i have no qualms with working together with other agencies. but when you start attacking our city like that, you've lost your right to speak in that forum and with our department. i thought that was disturbing and i hope i don't see that again. >> i have a couple things on the budget. you were talking about long

medical -- having prolonged medical. i can't remember if there was a program in place or one where the shrferiffs would take over those watches for us. where are you with that in terms of negotiating with the sheriff's department. if you're at the hospital, they can already do that. the second thing is i remember doing arraignments down at the hospital. when you say there is no jail ward there, that was a little bit disconcerting. do they not have one anymore or what? >> there is a jail ward with i think four or somewhere around four beds. it's not staffed with the nurses and medical personnel that it needs. so it's basically not operable right now. i know we've had discussions with d.p.h. on that and also with the sheriffs.

so that's been an ongoing discussion. and with sheriff miomoto that will continue. they faced some shortages as well, they, the sheriff's department, and as i understood it they were trying to staff the jail. it put them in a bad position. it comes down to us working together and trying to get the funding. that's the three departments, public health, the police department, and the sheriff's department. hopefully we can come up with a better solution. until that time, the burden is falling on the police department. to answer your question, yes, i've been in conversations for over a year with the sheriff's department on how we can come up with a better solution. we're going to continue that. i know in this budget cycle we're going to have some discussions about that and hopefully we can come up with a better solution. >> i have two more questions. the $143,000 for the record

request. and i know we're going to have a budget presentation tonight. i'm assuming you're going to put the in the budget that under the law we're mandated to provide these records. so this is a good time to put in for the budget what we anticipate the needs will be. >> yes, ma'am, and our ultimate hope is that we complete the process to get the civilians hired which will alleviate that overtime. but until then we have to comply with the law. i believe we are making some good progress. we have some people in the pipeline to get them hired going through backgrounds. we don't want to have to use overtime funds on that if we don't have to, but we'll do what we have to to comply with the law. >> i have some concerns that my colleague had. i read this article and it was very confusing to me. so you know, the newspaper, you can't rely on everything that

sits in the newspaper. the way it appeared was that there was this gang case that was very serious. the it appears, the way i read the article, is our department referred it to the department of justice to take the case and they're now charging the death penalty. if i read that correctly, i am concerned because this is way before tessa boudine was the district attorney. i think at that conference they were announcing the death penalty for these individuals. and i just didn't know if that was the policy of the department. i mean, what is the purview of the department in terms of -- you're the arresting agency and we have a charging agency and i didn't understand if that was part of the policy to ask the department of justice to take over cases. that's something we can't discuss right here, but i would like to put it on the agenda. i would like to get more information on that. i would like to talk to the attorney if that is a policy

issue if you want the department stepping in in terms of the charging agency or if we rely on our own agency. >> i know it's not an agenda item, just to clarify. i don't know what publication you read, but what the u.s. attorney said what the maximum penalty is the death penalty. they didn't say they were pursuing the death penalty, but that was the maximum exposure. >> but did our department refer to the u.s. attorney rather than the district attorney? that was my major concern? >> in this case we have relationships and partnerships with our federal partners and we did take that case to the district attorney for both the arrest on the homicide and other arnltion which were not followed by the district attorney. so we did ask our federal partners to take a look at that case on federal charges.

so that's what happened. and i would just like to say this in terms of the public safety of our city. i mean, this case as you all know from the press conference involves a shoot-out in the middle of the philmore in which unsuspecting people were spot, one paralyzed for the rest of his life and one of the individuals involved in that shoot-out was shot and killed unfortunately as well. i think it's incumbent on us -- and i'm going to say my role -- >> i'm sorry, i found it. >> we're literally watching it live. >> my role and the department's role is nonpolitical. what we want is public safety for our city. that was a very, very unfortunate and unnecessary incident. so it is in my opinion not in our best interest to turn away

from activities to hold those people involved and that incident accountable for their actions. we had nothing to do with the sanctuary city ordinances of our city. that was not even a part of this investigation. what we like to see is when people shoot up the streets that there is some accountability. the other things that came in, i can't control what other people said in the press conference, but i do know we have healthy and working and productive relationships with the federal agencies and we need those to protect the public safety of our city. politics aside, and i know we have to deal with the political aspects of it, but it's really about protecting the city and people in our city. i guess that's what we're there for. >> i guess was it political or not. >> not from our perspective. not from our viewpoint. >> yes, i heard that. >> i want to respond. i know it's not agendaized.

having been the state core prosecutor and then federal prosecutor because of the cooperation between our federal prosecutors, we have to put the rhetoric aside. the f.d.a. bring things to the table to keep this city safe. they have different tools and different agents available to them and they have resources. the bottom line is i don't think this commission has any power to say we're not going to work with federal thoroughs. when it comes to protecting this city from violent criminals, there is no better agency to jump in than the f.b.i. and the attorney's office. i worked with attorney anderson not once but twice. he's honorable, ethical, hard-working, and i have full faith and confidence in him.

it will be where the federal government supplements and works with local law enforcement. we would put this city at risk if we didn't. >> just one point of clarification because i supervised the organized crime section so i know how cases are charged. all of these types of cases start out as seeking the death penalty and the u.s. attorney's office is not seeking the death penalty. the way it's charged is it's death eligible. all murder cases get charged that way and then the attorney general of the united states makes the ultimate decision to seek death. i have never sought death, the u.s. attorney's office has not sought death in several decades. i don't know what this office is planning to do, but that is not what the press conference stated and that's how it works. >> it said death penalty. >> all murder cases are death

penalty. >> it's not a murder case. >> it's a rico case resulting in murder. they all begin as death eligible and the office either seeks the death penalty from the attorney's office or it does not. just a point of clarification, if anyone thought this was a death case, it is not. that is a decision that makes by -- >> they're exposed to the penalty. >> i would join the call to agendaize this because i really have concerns. i don't think it's fair to attack the acting district attorney and former commission president and suggest that she was able to do her job or wasn't acting in the interests of this city or acting in the interests to protect this city from violent crime. i'll know -- a very close friend of mine was friends with the young man that was shot and

paralyzed. i counseled them throughout the this process, including the criminal process in san francisco. so i know a little bit about the case. you know, it's -- i -- if we're going to try to control or tell our local district attorney how they should or shouldn't do their job by running to the feds every time we disagree with a decision, that undermines the integrity of this department and the work we do and our district attorney and our city. so i think we need to talk a little bit -- it's a policy issue as has been pointed out. i think we need to have a longer discussion about this. >> what is the agenda item? how do you want to articulate that? >> let us know. vice president. >> i want to agree with the chief in, first of all, there are different statutes entirely governing federal and state charges. it's not as though they're the

same thing. what needs to be proved is different from another charge. that is a decision the individual officers would make. we cannot be making blanket cherry-picking statements that we're not going to work with the f.b.i. that people get killed and shot, especially poor black and brown people in the city getting shot. black and brown people, especially black women are 65 times more likely to be victims of crime. i will work with whoever we need to work with to ensure when terrible things happen to black and brown people someone cares. >> i'm going to stop this particular conversation for the time when we actually calendar it. is there a commissioner that has something they want to discuss.

>> i wanted to discuss your question about what to agendaize. that could be the criteria for going to the federal government and asking them to charge these -- >> [ overlapping speakers ] -- >> we just had a settlement based on targeting black and brown people and arresting them pm. >> why don't you work on this and submit it to the staff and we'll get it on the agenda, rather than just trying to cobble together something now. >> i wanted to make sure i did echo some of the same sentiments my fellow commissioners had. i want to agendaize this and look forward to that discussion. i just had a quick question to the $330,000 for those folks we sent out on the fires. what's the general reimbursement time when we send folks out? >> it varies. a lot of it has to do with our

administrative prowess, if you will. if we do our paperwork the right way, it's a much quicker process. we've gotten much better at that because we've had the experience over the last couple of years. i know our financial team is in the room. if i could get patrick leon to answer that question. >> we've already submitted our claim reimbursement. in terms of timeline, it kind of depends. once we submit our reimbursement package it goes to the county and they review it and fima has to review it and all that process takes time. for the last fire that we had, it took until the next fiscal year for us to receive reimbursement. on our side of things, we've already closed a loop. now it's up to sonoma county to

go through our claim process. >> chief, with respect to the nine positions that you're waiting for for 1421 and the p.r.a. stuff, i know when you presented before the commission, was it november or december, you said the nine positions were still in the process of being filled. it sounds like they still haven't been filled. i know it takes a long time, but if you could give us an e.t.a. as to when some were one of these positions would be filled so it gives the community a sense of how many people will be working on these type of requests. >> yes, if it's okay with the commission, i'll get an update on each one of those positions, where we are in the process, and i can report back for the next week -- next commission hearing. >> thank you, chief. next item. we're going to item ...

>> line item 4, overview of the report on the police department's staffing study will be put over to a future commission meeting. >> that was at the request of the department relying on the board of supervisors, i believe. >> correct. >> yes, chief. >> i'm sorry, we also have a report for quarterly 6228 report at the second part -- >> i just want to skip that for a moment. i'll come back to it. >> so it's line item 2. discussion and possible action to adopt a resolution for effective response to homelessness and complaints regarding presence of homeless people, discussion and possible action. >> thank you. this is a resolution that came out of a meeting that was held in october of last year with coalition on homelessness executive director jennifer

fre freedenbach, myself, and the other member. that was having to do with a response to homeless complaints in san francisco. so we met, ms. freedenbach drafted a resolution. i worked on it a little bit. it was approved by all three of us. it's now on the agenda for discussion and approval. i would welcome ms. freedenbach, if you have anything you would like to say, i'm thinking positive, but negative too if you want. [ laughter ]. >> really, you think i'm negative? >> no, i don't. >> jennifer freedenbach, executive director of the coalition on homelessness. really, really pleased to be standing here and really grateful for the thoughtful work of president hersh and the other

commissioners for bringing this forward. this was also to add a follow up from the presentation we did several months ago on the healthy streets operations center. so, you know, i just want to point out, i'll be relatively brief, but tonight we have thousands and thousands of souls out there that literally have nowhere to go. our shelters are full. sthrr about 900 people waiting tonight for a shelter bed and housing, while we're talking about thousands and thousands of people waiting to no avail. we stopped tracking turn-away years ago. but what we do know is there are 4,000 people out there that have a mental health issue that's serious, a substance abuse issue, that's homeless that is not inside care. that portion only makes up a third of our population. our homeless population went up 32%. it's much worse in oakland and

sacramento. but 32% is a lot. we've got rising rents, flat incomes, shredded safety net, divestment from housing at the federal and state level. all of this has left us in this situation. i want to point this out because the response, local governments struggling with not having the tax base that the federal government enjoys, but continuing to shoulder that neglect from the federal government have been turning to the police to manage this humanitarian catastrophe that exists. we're police officers, highly trained, weapons, tactical responses, you know, all these different things. we are relying on police officers to manage what is in essence a social program. i think it's important to point this out to contextualize this whole situation.

this response is neither effective, humane, appropriate. now it's not even legal. it's been recognized by researchers, courts, advocates, policy bodies, homelessness themselves. the scoring tool deducts points in the federal grant if it is not decriminalized. it is suggested working with homeless folks, neighbors, with social workers over a period of time, placing them in permanent housing if no housing exists, a temporary location that leads to housing. the department of justice issued an amicus brief, calling encampment removal cruel and unusual punishment and the 9th circuit agreed with them. this came up because the supreme court did not take the case, so the decision stood. september 4, 2018, the 9th

circuit courts confirmed that the states may not criminalize conduct that is unavoidable consequence of being homeless. namely sitting or sleeping on the streets when there are more homeless people than there are shelter beds. disability, religious beliefs, and other restrictions must be taken into account. this has to be recognized as unavoidable conduct. to punish that conduct is akin to punishing a person's homeless status. speaking briefly about ineffective response. in 2016, you guys might be familiar with this, the budget legislative analyst one of the main goals stated was to preserve public space in the city. however, the number of homeless individuals considered to be unsheltered has increased, limiting the effectiveness of quality of life laws.

at the time of the report, police officers were dispatched to incidents related to quality of life crimes at an annual cost of $18.5 million so that the b.l.a. recommended that the board of supervisors implement recommending a new strategy that address these issues that shifts responsibility of quality of life incidents from the police department to other agencies, such as the department of homelessness and housing. since then the numbers of homeless people has skyrocketed, but so has the number of hours the police have committed to responding to homelessness. back then we had 23 officers devoted to homelessness. today we have over 80. this takes police away from other activities and response time. i mean, all of this has a lot of effect when you're talking about budget and whatnot.

yet, still homelessness is rising. based on a study we did with the u.c. of berkeley in 2016, we found that the response to homeless is a temporary move, where the person returns shortly after they're removed by police or they're moved across the street. and then this third point is around an inhumane response. according to the declaration of human rights, everyone has a right to an adequate state of living, including housing. in the u.s. 3.5 million people experience the trauma of homelessness each year. a police response can be inhumane. this is not blaming individual police officer r --s, but it's inhumane because of the structural response to the approach. police officers don't have access to housing and treatment. at short, at best, they can move people along. for unhoused people, so much of

their time is spent finding a place they can rest out of the way. a place with little stability. when police officers move them, that little bit of stability is rocked. that may be worth it if it's leading people out of homelessness. when it's just moving people from block to block, it can exacerbate behavioral health issues, trauma, homelessness, individuals lose contact with social workers who have housing lined up with them, they may lose contact with the community, belongings, survival gear. the great news is there are alternatives. this is what is so beautiful about this. many municipalities have been moving away from formal police response to homelessness, including in oregon. so it gets dispatched to a contract agency. they have a medical team and medical professionals. in san francisco, developing an

alternative, we know this is going to take a long time. this is going to take some time. there are a lot of details to work out. however, the vision is that we can work towards a vision where we have a response to the community. this includes medical personnel, but then leads to, where appropriate, shelter, hospitalization, depending on the situation. that's basically what we're doing with this regulation. we're asking the city and the board of supervisors to develop an alternative response to work towards these results and vision. i want to applaud the chief and just take a moment out for this because this is really amazing and for the commissioners, taking a stand on this and finding alternatives to a police response and really moving us closer to that vision that i think all of us, as president

hersh pointed out, that we have a lot of consensus around where this needs to go. i'm going to pause there and if you have any questions. >> thank you and thank you for your work. >> i just want to say thank you. i mean, i know we brought this in october. you did a wonderful report. there were so many community members here that opened our eyes, and then the law changed. i want to thank the chief and president hersh for meeting with you and coming up with this resolution. many of the d.g.o.s asked us to deal with homelessness. this is a good first step in the right direction. the oregon plan looks like it has a lot of hope. i look forward to finally bringing all the community members, groups, and city departments together to work on

this and to explore alternatives to a police response, to identify funding sources where appropriate, and to recommend necessary system change and appropriate services. i think this is a great idea and i want to thank everybody for picking up the ball, showing some leadership. i'm really happy to support this resolution tonight. >> it's nice when we're all marching along together happily. [ laughter ]. >> but you know, savor this rare moment. i want to join commissioner hays and ms. freedenbach for thanking everybody. the president, commissioner scott, and everyone working around these issues for, in your case, 25 years now.

i didn't realize when i joined the police commission how big an issue policing and homelessness is. but since i've been on here, the issues of homelessness and the challenges that arise from it are at the forefront of this city. having people coming together around us and saying everybody -- and i agree. i think it's not that officers are out there ill-intentioned trying to -- setting up to harass homeless people. but structural issues that you've addressed and policies have created an untenable situation in how we address it. and i think that -- i hope -- i spoke to a reporter today and they said, is this just one of those resolutions that you guys pass and then forget? and i really hope that -- and i

would like to be a part of this moving forward, the discussion. because i hope we can find a way to work together to ensure that unhoused individuals on the street are getting the care, servi services, support they need. on the other side of things, i've gone out and seen the hundreds of calls that are waiting up that are related to homeless and houseless individuals on the street. i've ridden with the officers around and it's clear that they were well-intentioned, well-trained officers trying to deal with a situation that they were not the best qualified for. not that they're not excellent officers and qualified in every way that we expect from law enforcement, but this is a different situation. we need social support, social services, access to treatment,

access to shelter. so i'm a big supporter and i'm glad that everybody has come together. you know, i know there will be discussions about how best to implement this, but i hope we can all stand together and agree that this is something that this city and this department needs to do. also importantly when we're talking about all of the budget strain that's being placed on this department by having to deploy so many officers to deal with all of these calls that are not public safety issues. you know, i think if we get out of this stakeholders group and come up with some better procedures, we'll end up saving the city millions and millions of dollars in the long run. thank you for all your work, thank you to the coalition and all their supporters. >> thank you. vice president. >> i really want to thank you as

well. i remember the presentation in october, it was fantastic and a lot of people put a lot of work coming to this commission on every front. it opened our eyes. everyone knows how hard this problem is, but it's really hard. it's comforting to know there are people out there who are trying to solve it as best we can. i'm sure it will take a long time and this is a plan to have a plan, but it's moving it very much in the right direction. i'm asking that you'll come back and report to the commission. i'm assuming that this will go and as it gets implemented, i would like to hear and continue to hear how things are going. i would ask you to come back and report to the commission. >> thank you very much. i'll be very brief. ms. freedenbach, you've been coming here for a long time. >> today is literally by 25th

anniversary. [ laughter ]. >> it's great. our officers should not be responding to these calls. you've put so much time and effort into this. i'll be brief. you are a modern-day saint, for what you've done for the city. [ applause ]. >> somebody said, she does this for the money. i turned and said, do you know how much they get paid? it's greatly appreciated. >> the reason we moved this up on the agenda is i know you're being celebrated for your 25th anniversary and we'll get you out soon. is there any public comment before we vote on this resolution? it's public comment only on the resolution. what was that? >> how much time do we get? >> two minutes. >> my name is neil shaw. i've been through the criminal justice system, i'm sober for four years.

i have been homeless. i have a degree. i was also the c.o. congratulations, jenny. i don't know why you don't mention that alternative that has existed for four years in san francisco and it's called concern. it doesn't exist anymore. it was an alternative for 911 for people. we sent out compassion responders to de-escalate. i met with chief scott and i'm indicting you on this, chief, because we met multiple times to divert calls to organizations like concern. so this plan to have a plan, we already got a plan and the technology. this already exists. i'm starting a community investment trust to start purchasing real estate in west oakland. i'm going to offer dominik walker and the two kids that were homeless that occupied a

house that the police pulled guns on to get them out of and i already e-mailed them to get out of as soon as possible. i'm using my personal money to do that. i'm indicting every single one of you. i pay your salary. i'm sick and tired of you patting yourselves on the damn back. so get with the picture. >> any other public comment? okay. public comment is closed. is there a motion to approve the resolution? >> so moved. >> second. >> yes, commissioner. >> really quick. i did want to point out in the third clause, i'm happy to adopt the resolution. in the first sentence, whereas the united states interagency council on homelessness issued, we need to need an "issued" out. and also in the fourth clause -- >> yeah, there's two "issues." and also in the fourth clause. "whereas the city of county of

san francisco." i think it should be "city and county of san francisco." >> thank god somebody can read here. on the question all in favor of passing the resolution? any opposed? it carries unanimously. thank you all. [ applause ]. >> okay. we're going to go back now to the presentation on family code 6228 quarterly report.

>> good evening. >> good evening, commissioners. president, vice commissioner, director. greg yee, i have a report tonight pursuant to department general order 3.16, department providing the police commission report that details the department's compliance with releasing california family code 6228 incident reports. this report will cover the supplemental numbers from september of 2019 in addition to the fourth quarter of 2019. on the screen are the september

numbers. in september of 3,481 police reports requested by the community, 54 fell under the provisions of family code 6228. of those 54, all those report requests were fulfilled within five days. the majority of the report requests were made in person and the majority of the reports were domestic violence report related. on the back of the report of september will show there are no reports that were denied and that the majority of reports were made by the victims themselves and the average time was a little over a day that the department responded to requests under family code 6228. as we look at the fourth quarter

of 2019, again in 49 reports in october, 37 in november, 25 in december. again, the majority of the reports were made in person and the majority of the reports were domestic violence related. again winning no reports were denied. and again, the majority of the reports were made by the victims themselves. and still under the last quarter of 2019, it took a little over a day for these reports to get returned and available to the requesters. we do track -- although not required, we do track the forms of how the requests are being made. the majority of reports requests are made in english, but also the spanish population has also been using the forms to request these forms.

going forward in 2020, we will get back on schedule where the first quarter of 2020, that report will be delivered to the commission on april 15 and then subsequently the following squad car -- quarter of july. >> any comments? vice president. >> i just want to say, i was on this working with commissioner hamisaki and this is fantastic. this is both helpful information to have and it's great to see how quickly the department is filling these requests and helping domestic violence victims get results. i want to thank you and commend you again. >> commissioner tailor is still in my line. just, we sat through a working group together and came to agreement on a form and a procedure and the reporting

requirement. i think to see this actually come out now and to see that we are actually in compliance within five days of all of them in the reporting period i think is really impressive. thank you for your report on this, and we look forward to the next quarterly report. >> okay. thank you. next line item. anything else on the chief's report or is that it? >> if i could just thank both the commissioners that were on this. this was a pretty long process, and i think again it shows the work that we can do with the department of police accountability and our many groups in the community who were very concerned about this. we have staff in the room who were a big part of this behind the scenes. so i just want to thank everybody for actually making this come together. we still have work to do, but

we'll enjoy this and continue to move forward. >> thank you. next item, please. >> line 1 b. d.p.a. director's report. report on recent d.p.a. activities and announcements. d.p.a. ooess report will be limited to a brief description of d.p.a. activities and announcements. commission discussion will be limited to determining whether to calendar any of these issues raised for a future commission meeting. >> director henderson, welcome. >> we are at 23 cases so far that have been opened this year. these numbers are also up from last year. this time last year, this early in the year, we were at 21 cases. so far this year we've closed 49 cases. this year we've closed only 33 cases. we've tried to keep up with the increased volume by keeping these cases closed. we still have 339 cases that are

open and pending. this time last year we had 229 cases that were open and pending. this is a reflection of the volume that has increased. so far this year we have sustained two cases. at the same time last year we had not sustained any cases. in terms of the cases that are passed at the nine-month mark, we are at 24 cases. of those 24 cases, 10 were told cases. we've had three cases that have been mediated this year, which is the same number of cases we mediated last year. in terms of the 1421, i have no new statistics to report since last week, but i just wanted to mention that we have interviews scheduled over the last two weeks for the 1421 paralegal finally. so that's where we are in the process. after they were released, we're

trying to get those folks in as quickly as we can. in terms of mediation, for outreach, we expanded our presence and the mission, what we had talked about last week was many of the flyers were testing to see where our information is being picked up and where we're running out of. a lot of the spanish language information about the d.p.a. in the mission area was running out a little more quickly. so we put more of our information in different locations, the women's building, the reinvestment coalition, the native american health center. our information can be found there now. we just did that this month. we also met with, and this is a new initiative or a partnership, expansion, affiliation, with pre-trial diversion and we can

see how we can be working better with them to have our information available through our work as well. we also participated in northern stations community meeting last week. that's it for my update. for the audience in case there are issues that come up, i have my staff. our new investigators are also here in the audience tonight to he help. >> can we see their hands? >> yes. >> [ overlapping speakers ] -- >> that's what i said. >> welcome here. >> and cory-ann is here.

barceloni? barcelone. these are the new investigators. >> you're all going to have to give him a phonetic spelling of your name. >> welcome. >> any questions? >> i don't see any. thank you, mr. henderson. >> line item 1c. commission reports. commission reports will be limited to a brief description of activities and announcements. commission discussion will be limited to determining whether to calendar any of the issues raised for a future commission meeting. commission president's report. commissioners' reports. >> i don't have any reports. >> just briefly. this week one of the days, i met with the deaf and hard-of-hearing working group that has been working on the new d.g.o. and working through some final comments that came through the d.o.j. process.

and i think we are about done and hope to have it to this commission soon. so i think that's going to be a pretty exciting d.g.o. that we adopt. >> thank you. anybody else? okay. next item. >> item 1 d. commission announcements and scheduling of items identified for consideration at future commission meetings people waiting -- action. >> we have one. >> what type of cases, the majority of cases being referred and the race of individuals being referred. >> we'll have to get that to staff to articulate that. chief, do you know, are there d.g.o.s directly on that point? >> there are or is a d.g.o. o on -- when we work with federal agencies, it has to go through a

process that includes a chain of command approval up through the deputy chief. in terms of the filing of cases, i don't believe there are any d.g.o.s on policy. >> i've never seen that. >> but we have d.g.o.s on federal cooperation. >> i do want to look into policy. >> that will get into an vend. next item. >> as a reminder, the police commission meeting is scheduled for wednesday, february 5, 2020. the public is invited to comment on items 1 a through 1 d. >> any public comment? only on items we've discussed so far. >> klein item 3, presentation of the department budget process overview for fiscal year 2020/21

and 2021/22. >> good evening. i understood this is a relatively short presentation on the budget and next month we will have a more detailed presentation on the budget, correct? >> correct. >> i do appreciate it because last year it was a problem. we were rushed and i felt like there wasn't enough time. so i do appreciate you and executive director maguire giving us greater time for this year's budget. >> good evening, chief scott, president hersh, vice president, commissioners. my name is patrick leon. i am the chief financial officer for the san francisco police department. in tonight's presentation i'll be going over the budget process and the steps the department

will undertake as we develop our budget for fiscal year 2020/21 and fiscal year 2021/22. in this presentation we'll be including a brief overview of the city's budget process, the budget development timeline, the department's internal budget priority development process, and defining the various budget phases. we'll first go over the budget requirements. city departments must submit a two-year budget proposal by february 21. this is required by the san francisco code 3.31 a. so our fiscal year 2020/21, 2021/22 is scheduled for february 12. that is when we will put our anticipated budget submission.

the commission must adopt those budgets before february 21. that is our submission deadline. in terms of budget timelines and phases. this is where the commission issues budget timelines and the ujt system is open. february 21 is the due date for the department budget submission. in march and april is where the mayor's office works with city departments to fund new policies and projects. may 31 the mayor publishes the budget. in early june, the budget legislative analysts reviews the budget and makes recommendations. in june the budget and finance committee holds budget hearings and solicits public input. in july the full board of supervisors adopts the final

board-adjusted budget. so in determining our fiscal year 2020/21 base budget, it's derived from our current budget. back in 2012, the city adopted a two-year budget cycle for all departments. so in our approved budget cycle for 2019/20, it includes an estimate for fiscal year 2020/21. this becomes the base starting point for our budget 2020/21. this following pie graph represents our funding resources. the majority of our funding is derived from general funds. the airport provides an additional 11% of our source of funding. services to other department represents another 3%. and special revenues and general

fund projects represents approximately 1% each. diving into each of the areas. within our general fund operating budget, it's split up into various categories. salaries and categories represent the total budget at 85%. professional services and other payments represent 2.5%. and examples include non-city rent, contracting services, material and supplies represent less than 1% of our budget. these things include at some times such as uniform safety equipment, office supplies. equipment represents about 1% of our budget and items like patrol cars and safety equipment, that's over $5,000. the last item is services paid to other departments.

these are services that are work orders and these include items such as city rent and utilities, phone and network infrastructure, that goes to the department of technology. in total, our budget for the current year is $900,000. in fiscal year 2021, there is an increase to $612 million. and the majority of this increase is related to cost of living adjustments that's negotiated between the city in the employee unions. our other budgets, general project expenditures is approximately $10 million in the current year. special revenues, these include state mandates such as our

vehicle theft crimes misunderstand and it also includes state and federal grants. this totals about $8 million. our work order represents services that we provide to other departments for police services. and then lastly the airport fund is about $78 million in the current year and it jumps to $100 million for next year. that increase is due to their anticipated -- the increase of officers that they're anticipating us to be able to send to the airport. if we aren't able to meet all of our recruitment efforts, we won't be able to actually send

as many officers there. that number is budgetary and may not reflect what is actually expended. in total, over 90% of our department budget is for positions. and as i said before, the increases between fy2019/20 and fiscal year 2020/21, there is a $46 million increase. that's attributable to cost of living increases and the increase in the airport fund budget. identifying department budget priorities for fiscal year 2020/21. we started this process by conducting and holding several internal meetings including all hands on deck meeting to help

identify top priorities for each bureau. with this process, it included captains, commanders, deputy chiefs, assistant chiefs, and directors of each units for them to be able to provide their feedback in our budget process. the next step is outlining the priorities they've identified in our strategic plan and outlining the priorities with the mayor priorities. reviewing budget request. and lastly, balancing our budgetary needs versus our budgetary limits. and this is a framework that we're using to develop our budget. for our department timeline, today we're showing that our budgetary process is that on february 12 we scheduled a meeting to present to the

commission our budget phase proposal. on february 21, this is our due date to submit our budget to the mayor's office. march through may is where enhancement requests are presented to the mayor. in june 2020, we'll come back and we'll provide the commission with an update on the mayor's phased budget. and in august we'll provide the commission with an update on the board-adopted budget. with that, that concludes my presentation. >> next month, we'll get the actual proposed budget? >> that's correct. >> i've heard that departments in the city are being asked to cut their budgets. is that correct? >> that's correct. the mayor's office instructions to department is to cut 3.5%. this year and to try and cut an additional 3.5% the following

years. so it's compounded and it's 7% for next year. >> do you know if that's true for all departments, not just the police department? >> it's the budget instructions for all departments. it's still -- we're still early in the budget process. the -- >> it's a wrestling match? >> yeah. >> just quickly. one of the things in budget is equipment. the state of our fleet of cars is embarrassing and it's a public safety concern. it's dangerous. a young officer sent me of a picture of an old crown victoria that has a bullet hole and the door is falling off a bit. there are not well-intentioned moves by members of our board. i stress that this commission

pushes. it is a dangerous issue for the officers. we need new vehicles. >> vice president. >> to point to specifically where i think it is on this presentation that you gave us. i mean, it says that 1% i think of the budget gets put towards equipment and next year it's contemplated to cut that in half, so next year a half a percent is going to go towards the cars. is that right? >> that's currently the base budget. ultimately with the budget submission as we go through this process, those numbers will change. we'll have more final numbers to present in approximately a month's time. but that number is the starting point. that number will change. >> i mean, 1% is bad as it is, but cutting a 0.5% is concerning. along the similar lines, this increase in airport fees, given

that there is not enough money for basic safety equipment, is there enough need to transfer people to the airport that would justify a 20 -- what was the number? the increase in the airport fund from 78 to 100 million. >> so the airport budget is -- >> okay. i take that back. all good then. we're good. so we get this on february 12 and we have to vote on february 21. are we meeting on february 19? >> we're going to have to vote on the 12. if we could get it well in advance, that would help us to study it. we're meeting in a station on the 19th, so we won't be able to take this up. >> i wanted to make sure that we have enough time and comfort with the numbers and what you're

presenting. i would request it well in advance if you can. >> we'll try to make that happen. >> another request i have, chief, and for both of you. if you can get us some specifics about the vehicles on the 12th. this commission can make a special request to the mayor's office and to the board of supervisors is they seriously consider funding far more vehicles than we have. we just need some information on that. >> yes, sir, we'll do that. >> that would be great. >> this one officer i was talking to was driving a car older than him. that's a fact. >> was he 11? >> [ overlapping speakers ] -- >> i was going to mention the

cars. we don't get enough money to replace the cars or extra. my concern is a lot of this is salary and benefits. my concern is with the infrastructure. my concern is i.t. infrastructure. you know, we have all these -- the department that hit us up and said we can't talk and pull all the personnel records and keep track of personnel and training and put this together for the e.i.s. system. all of that costs money. so i'm assuming that's in the payments for other license contracting. i could be wrong. do we have any plans to upgrade or to buy programs for i.c. does that make sense? you know what i'm asking?

>> yes, ma'am. those things are on our list of priorities. so we have to work through, as was stated in the presentation, the limits of the budget compared to what we need. so we'll be working through that. but that is -- particularly you mentioned e.i.s. and the other technology needs are on the forefront of our ask. >> i would like to know your priority list, where is it on that priority list, is it five, 10, 15, 20, how far down is it or high? >> technology i believe is number two. our top priorities, technology is one of those three. i think it was listed as second. they're all important, but technology is definitely in the top three. >> good evening, commissioners, executive director katherine flyer. we'll be presenting all of that information on the 12th. hopefully we can get you in advance a little bit more detail. just a note on equipment and

budgets. [ please stand by ]

>>. >> vice president taylor: can we also divvy up the salary so how much we know is the salary and how much is the overtime? >> yes. salaries are a separate line item -- a salary, from overtime budget. >> commissioner dejesus: and we can see how much he's over the overtime budget. >> president hirsch: okay. thank you both very much. next line item, please. >> clerk: public comment

on-line item 3. >> president hirsch: okay. we're ready for public comment on the line item. >> yeah. the public would like to have advance notice on it so we can review it. >> president hirsch: okay. thank you. any other public comment on the budget? all right. seeing none, next item, please. >> clerk: line item 5. discussion and possible action to approve revised department general or the, discussion and possible action. >> president hirsch: okay. good evening. >> hello, president hirsch, commissioners, and others, i am the chair of the bias working group. as a result of the d.o.j. report on the san francisco police department, we began

reviewing d.o.j. 1107 in june 2019, and we finished our work in november 2019. on behalf of the san francisco police department and the bias working group, i am pleased to present d.g.o. 1107 to the commission. the changes to the general order which have been tracked for your convenience on the copies as well as there's some for the public, as well, can be broken-down into five categories. one, new language that reiterates the sfpds to fair and equal treatment of all its members and its ethical and

legal obligations to treat all individuals with dignity and respect. two, new language to reflect current federal, state, and local laws and ordinances. three, clarification of and improvement of -- improvement to sfpd procedures. four, expanding definitions and including new definitions. and five, inclusion of a new section, mandatory training that outlines the mandatory d.h.r. approving training for all members. i want to thank the members of the bias working group, commissioners taylor and elias, and the california d.o.j., director linda simon from d.h.r. and chief scott for their dedication throughout the process of drafting this report that sfpd can be proud of.

with that, i'm available for any questions if you have any on 1107. >> president hirsch: thank you, and thank you for this. i know that rachel kilshaw watches this every wednesday, and i want to thank the commissioners for the long work that they've done on this. commissioner elias? >> commissioner elias: i think who should be added to this are the community members and the working group that were extremely diligent. and have this d.g.o. right when it went into concurrent after the chief gave us his comments was probably the most productive working group i've seen. it was well received. i really appreciated, chief, how you took the time to sort of go over it and send your comments back to the working group and keep them informed as to what changed you made and

what you were thinking. so i really think that the community -- that the working group members really did appreciate that, and i know that d.h.r. had a lot of the input, and the community -- or the working group members were able to sort of respond and they could be heard in this process. so thank you, and thank you to the working group members as well as commissioner taylor and myself. >> president hirsch: thank you. director henderson? >> one thing that i wanted to prove, this covers the sworn and the civilian members of sfpd, so i think that's an important point to know. and d.p.a. was an active member of a working group. we just wanted to say, because we put a lot of work into this, that we appreciated the input that came from the obligation

we see reflected in the final policy, and we see how well the collaboration process was for this d.g.o. so thank you for the hard work to the group and to the commissioners. >> commissioner elias: and i apologize. summer was vital for giving the input and recommending some of the changes. >> she wrote what i just said, just so i'm clear. >> president hirsch: commissioner hamasaki? >> commissioner hamasaki: i reviewed this, and you can see all the policy and thought and research that was put into this, and it looks like a good, solid d.g.o. with regard to this department, so i'm happy to vote for this and support it. and thanks to commissioners elias and taylor and all the community groups that worked

together on this. hirs>> president hirsch: comma, i know i didn't attend the meeting, but i would get feedback, and i appreciate your hard work and patience. i heard that was patience necessary in this working group. okay. so we're going to have a motion on this, but first, we need public comment. is there any public comment before we vote on whether to pass-adopt d.g.o. 1107? all right. seeing none, it's closed. is there a motion to adopt it? >> motion. >> president hirsch: is there a second? >> second. >> president hirsch: all in favor, signify by saying aye. opposed? all right. it passes unanimously. thank you. >> clerk: line item 6, general public comment. the public is now welcome to address items that are not on the agenda but within the

commission's jurisdiction. speakers shall address their remarks to the commission as a whole. neither police commissioners or d.p.a. are required to answer on comments. >> president hirsch: okay. general public comment, please. >> good evening, commissioners, good evening chief scott, and director henderson. i have a couple of handouts for all of you. trying to figure out how to work the overhead projector, too. >> president hirsch: why don't we stop the clock while we're figuring that out.

okay. back on the clock. >> my name's brian cox, and i'm from the public defender's office. a few months ago, on november 14, i presented who had been the lead and asked the sfpd to explain the racial disparities in the data. since then, i've had a chance to dive deeper in the data and had a chance to participate in the lead and who did not because sfpd did not refer them. >> president hirsch: can you remind the public what lead is?

>> yes. so law enforcement assisted diversion, so effectively, it's a person who could be prosecuted for various crimes but instead are diverted from prosecution. so we looked at some of the data, and this chart, it was straight -- the racial composition of all the l.e.a.d. individuals in 2019. in other words, all those who not only participated in l.e.a.d. but who could have. black and latinx individuals comprise about 19%, whites comprised about 38%. the next chart shows those who actually did participate in l.e.a.d. that 56% black and latinx

majority of all l.e.a.d. individuals trims to 40% while the white was almost half. the final chart here, shows a much different image. as you can see, those are people who were not referred to l.e.a.d. based on an assessment by the public defender -- >> president hirsch: all right. your time is up. i know you have other folks from your office. commission commissioner dejesus, did you have a question? >> commissioner dejesus: yes. i'm -- so the first chart -- oh, the number of people. >> exactly.

>> commissioner dejesus: okay. so she could have answered that. >> commissioner elias: but i have asked to agendaize this because i think it's an important -- >> president hirsch: that's all right. we'll get an agenda item on it. >> okay. that was my final ask to please agendaize it. >> president hirsch: all right. next speaker, please. >> magic altman. good evening. >> president hirsch: good evening. >> as you all know, jamaica hilton's leg was amputated. he will never be the same. he had found his footing in the world. apparently, he relapsed, and that is the incident that resulted in him being hunted like prey and shot eight times, three entering his young body.

it's a tragedy that could have been avoided if time and distance would have been used. but instead, a young officer used pepper spray. he should have stepped back. his partner should have modelled the correct use of force policy, but instead, we watched in horror as the officers continued to raebleac that overrode all humane compassion and behavior. neither of these officers should be armed and on the streets. i call on the commission to change policy around rookie police and make sure that they are told to stand down in such tense situations. a witness also who was -- his

drone was confiscated, i e-mailed the chief, i talked to christine, i talked to o'connor. he just wants his drone back, and there's no guarantee that he can get his drone back without being assaulted and accosted. if you want to subpoena him, subpoena him. give him a guarantee that he can come and get his own property back. thank you. >> president hirsch: thank you. next speaker. >> good evening. my name is fabian hernandez and i'm a medical student at ucsf, and i'm a member of do no harm. we have been by jamaica's side since he was shot. we were there when he was in critical condition and intubated. we were there when he could first speak, and we were there

when his leg was amputated, and we would like to stand with jamaica and his family tonight. jamaica hampton was on the street with an unbroken glass bottle. he was struck three times, shot seven times. he was shot while he was on the ground. >> president hirsch: thank you. next speaker. >> hi. my name is nathan ken. i am a do no harm coalition member, also a senior medical student at ucsf. a lot of this has been about lack of sufficient training. that's not an excuse. his training officer, you can see him tell florez to stop, stop, stop. he was already -- he is already under disclaimer review for the

brutal beating of jeffrey kilroy in 2018 after which he was caught laughing. chief scott, you have the power to fire officer florez. you know that even without a police commission hearing, and especially if you think this goes against department policy. you did this once before for officer christopher ulloa. fire officer florez. >> hi. my name is christine, and i'm a member of the do no harm coalition. we know that police involved shootings are a public health issue, and we see the impact in our clinic. and in addition to the excellent points brought up, we want to highlight that these continued shootings cause trauma for the community, and

as we saw at the community meeting several weeks ago, there's a lot of unhealed trauma. and deciding to put the officers back on the streets and reinstate them will send a very clear message to the community that their safety is not being prioritized. and any decision that comes out of the department needs to be done with that in mind. how can we work to undo the legacy of over 100 police involved shootings in the last 20 years that has made the community afraid, devastated, upset, and not feeling listened to, and not feeling safe? let me just remind myself of the other point i was going to say -- oh, we also want to make sure that any further discussion about the reinstatement of these officers does not take place in a closed session and involves the

community members more proactively and involves jamaica hampton's family, as well. thank you. >> president hirsch: thank you. next speaker, please. >> i don't have any complaints today, first of all. i just want to say, i'm honored to stand in front of our police commissioners, executive director, paul henderson of d.p.a., and chief william scott. i'm here to announce that the officers for justice has had their elections of officer, and i stand before you again as the president of the officers for justice. [applause] >> president hirsch: congratulations. >> this evening, we did have some of our board members here. unfortunately, they had to leave. there's one that's still left here, and we just want to say that first and foremost, we would be honored to have our police commissioners and the executive director of d.p.a. to march with us on m.l.k. day, which is monday at 11:00 a.m.

and also, i stand before you because the officers for justices wants to assure you that we are still committed to social justice and equity for all, and we are offering our services once again based upon the department of status of woman report that we heard last week. we are more committed to the fact that recruitment should still be done by o.s.j. we know how to recruit black and brown women, and we know how to recruit women. so we're offering our services to the police department, and we also want to let you know that we will be coming back again, and we're prepared to do the hard work and volunteer when needed. thank you so much. >> president hirsch: thank you, lieutenant. >> commissioner dejesus: congratulations. >> commissioner elias: yes, congratulations. can you make sure we get the report?

>> president hirsch: good evening. >> good evening. i'd like to use the overhead. i'm here about my son, aubrey abrokasa, who was murdered in august 2014. i lost my investigator. i don't know who to call, who's my investigator, and i believed last time that someone would tell me something today because it's been a while since i was told. and during christmas wasn't the time to tell me. my son loved christmas, but i still need an investigator. he gave me some names, but i don't even know who they are. and i need to talk to them, and i need them to look up my son's case and see what's going on.

i still need help. i still bring my pictures because i want you to know what you're going through. my and my son just here in his casket, and what they left me with, his body. and i come here every wednesday, hoping to get some justice for my son. i need another investigator on this case, and i need to know who they are. thank you. >> president hirsch: chief, can we get an investigator's name to miss brown tomorrow or by the end of the week, let's say? >> yes. and i had a conversation with investigations, so it was my understanding that you would be notified, but i apologize if we didn't get that to you. an investigator has been called -- or assigned to your

case, so i'll make sure that -- >> okay. 'cause i never got a call. thank you. >> president hirsch: thank you. any other public comment? all right. public comment is closed. next item, please. >> clerk: line item 7, public comment relates to all matters below, including item 8, whether or not to hold item 9 in closed session. >> i just want to reiterate that the jamaica hampton case needs to be held in public, not closed session. >> president hirsch: this is only if we're going into closed session or not. okay. any other public comment on that point? >> hi there. i'm danielle harris with the public defender's office. i also represent jamaica hampton. i'm commenting during this item because his matter is currently

listed under closed session 9-a, officer involved shooting 19-003. i'm asking that nothing about that shooting be held under closed session. understated commitments to transparency and repairing relationships, and the public has a right to know if officers sterling hayes and christopher florez are going to be returned to duty. further update on mr. hampton's condition. his left leg was amputated last week, as well as part of his left thumb. he also has massive nerve damage in his left arm and h d thumb, which is his dominant arm and thumb. i'm asking that officer hayes and florez not be returned to

duty. mr. hampton was not attacking officer hayes when officer hayes shot him, and that it may be a closer call than officer florez' situation does not mean that officer hayes should not be back on the street. officer florez was nowhere a close call. he exaggerated his injury and mr. hampton's conduct and shot him when he was on the ground with nothing in his hand, having already been shot in the arm and the leg. had hayes not told florez to stop, florez would likely have killed a man just four months into his duty. the public interests will not be served by returning either of these officers to our streets. >> hear, hear. >> president hirsch: thank you. commissioner hamasaki. >> commissioner hamasaki: just a point of clarification for the public and miss harris. the commissioners don't vote, we don't decide for a return to

duty decision, so we don't really have -- we don't have any power in that decision, so i just wanted to let you know that. >> it's listed as review over the chief's decision, and i don't know if -- if you all or chief scott noticed, i was looking at him to direct my comments to him. i hope they were heard. thank you. >> commissioner hamasaki: thank you, miss harris. >> president hirsch: commissioner mazzucco? >> you should know, we review these every year. 100,000 people a year review die in medical malpractice. those are reviewed in private and not released to the public. you make life or death

decisions in a split second in the public. so do these officers. just so we're clear, everybody has to be cognizant of what is happening in these situations and be realistic. we review every one of these situations, but everyone has to step back, take a deep breath, and realize that mistakes happen, and even in your own profession. >> president hirsch: thank you. council, i'd like to ask the city attorney. we hold these in closed session for what reason? >> it's the performance evaluation of the chief that you have authority over reviewing his performance. >> commissioner hamasaki: because it's an employee review, that requires it be held in closed session? please, can you elaborate a little bit? >> commissioner dejesus: why is it -- >> because of the performance review of the chief. that's his personnel record, and you are reviewing his decisions as it relates to this

particular item. >> commissioner dejesus: and there are things that get calendared for us for closed session, and we'll have a different agenda. miss harris just cited names and line items. so can you talk to us why we have a different agenda with names that aren't released to public, people who are subject to disciplinary actions, people who have actions pending. >> police officer records are protected under 832.7. that includes any of the underlying facts that you may be reviewing with the chief, so those are not subject to release unless they're under a court order or any other body of law. a lot of times people are mentioning sb 1421, but there's a lot of cases in there and tolling provisions as they relate to particular cases when those items are discloseable.

>> president hirsch: all right. thank you. next line item. >> clerk: line item 8, vote whether to hold line item 9 in closed session. >> president hirsch: all right. is there a motion to hold line items 9 a through e in closed session? [gavel]. >> clerk: president hirsch. we are back in open session. you still have a quorum. >> president hirsch: okay. thank you. next item. >> clerk: line item 10, vote to disclose any or all items in closed session. san francisco code 67.12 a. >> president hirsch: is there a motion not to disclose?

>> motion. >> second. >> president hirsch: all in favor? opposed? public comment. okay. next item. >> clerk: line item 11, adjournment. >> president hirsch: okay. do i have a motion? >> so moved. >> president hirsch: do i have a second? >> second. >> president hirsch: thank you all.

>> we are approving as many parks as we can, you have a

value garden and not too many can claim that and you have an historic building that has been redone in a beautiful fashion and you have that beautiful outdoor ping-pong table and you have got the art commission involved and if you look at them, and we can particularly the gate as you came in, and that is extraordinary. and so these tiles, i am going to recommend that every park come and look at this park, because i think that the way that you have acknowledged donor iss really first class. >> it is nice to come and play and we have been driving by for literally a year. >> it is kind of nice. >> all of the people that are here. ♪

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>> good morning. the meeting will come to order. welcome to the january 23, 2020 regular meeting of the public safety and neighborhood service's committee. i'm supervisor mand elman. i want to thank st sfgtv for staffing this meeting. >> mr. clerk. >> please make sure you've silenced your cell phones and iteming acted upon today will appear on february 4, 2020 board of agenda unless otherwise stated. >> please call our first item. >> number one is a hearing to consider