Skip to main content

tv   Police Commission  SFGTV  January 9, 2021 4:00pm-6:01pm PST

4:00 pm
>> commissioners, i'm now going to call roll. [roll call] we have a quorum. we have chief william scott from the san francisco police department and sarah hawkins from the department of police accountability. members of the public, this is being televised if you are interested in making public comment, dial (415)655-0001 and enter access code (146)973-3657.
4:01 pm
press pound and pound again to join the meeting as a participant. you will hear a beep when you have entered the meeting. when public comment announced, public comment dial star 3 and this will advise the moderator you wish to speak. when you hear them say good evening, callers, you have two mints and thiminutes to provider comments. when your two minutes have ended you will be moved out of the queue has a participant in the meeting and members of the public may stay on the meeting and listen when another line item is called in order to make public comment by pressing star three to be added back into the queue. so, line item 1. vote for the election of the officers as rules of the order and duration of officers. action.
4:02 pm
>> clerk: we are vote for the election of officer and duration of offices action. >> i would like to nominate leah cullen for president and suzie ally as for vice president. >> i second that. >> all right. on the motion to elect public comments, are we -- do you want to do this as one vote for both of them or split it up as a president and vice president? >> one vote is fine. >> one vote is fine. >> thank you. >> ok, the public that would like to make public comment
4:03 pm
online item 1, please press star 3 now to raise your hand. we have no public comment. on the motion to elect commissioner cohen as president and commissioner elias as vice president. [roll call vote] >> we have five yeses and the motion passes. you are now chair of the meeting. >> madam president.
4:04 pm
>> thank you, everyone. good evening. i appreciate that vote of confidence and i'm excited to be taking the helm with ms. cindy who is fantastic and i just want to thank my colleagues for that vote of confidence and also note that today has been an interesting day. 2021 is off to an interest start as you have been catching what is happening at the capital and i think it's very evident the importance and the need for good, strong leadership transparent leadership so, i would like to have part of our discussion today on the agenda talking a little bit about our goals about what we'd like to accomplish, just in 2021 as a commission. and i will keep my remarks brief because i believe in a brief meeting. i want inform ensure that we are
4:05 pm
focusing on how we spend our time together and with that i will say elias has anything she'd like to add? >> i want to be brief and thank you and the new model in 2020 is we're not going to talk about it, we're going to be about it so let's get to work. >> that's awesome. all right. >> thank you. next item, please. >> and just for clarity, commissioner, can i clarify the link of the president vice president it may 2021? >> i can't give you a yes or a no on that one. we'll schedule the next election and we'll have a discussion at
4:06 pm
the board and we'll schedule it there and i'll do to my colleagues and i have no idea. >> what i would add is that trends on the commission leadership have generally been one year and so i think it will be probably right to start with that assumptions and obviously things can change and that is the history in practice and i think that the assumption we should start with today. if my fellow commissioners agree. >> that makes sense. >> i agree. >> it looks like we have consensus so there's your answer, sergeant. one-year term. you are welcome. >> so what is next on the agenda. >> line item 2. adoption of minutes. action force meetings of december second and 16 the of 2020. >> any discussion on this item? >> all right. >> second. >> before we take that motion,
4:07 pm
let's take public comment on it. for members of the public online back adoption of the minutes and please press car 3 to raise your hand. it looks like there are no public comment, commissioners. >> good. so public comment is closed. motion is made by commissioner hamasaki and can we take this call without objection. without objection, motion minutes are adopted unanimously. line item 3. report to the commission discussion chief's report and crime trends and occurring in san francisco and major significant provide merchandise planned activities and events and this will include a brief overview of activities occurring in san francisco having an impact on public safety. commissioner discuss on unplanned events and activities will be limited to determining
4:08 pm
whether the calender for a future meeting. before question get started i just wanted to enter a note here and going forward i'd like to see reports to the commission be no longer than 10 minutes we are all adults and we've read the materials and so what i'm looking for is a report of the highlights, a summary, within 10 minutes about the slides and presentation. i want to make sure that we leave enough time for conversation on follow-up questions. good evening, chief. >> thank you. president cohen, congratulations and congratulations vice president elias and happy new year to everybody. i will start with just the big issue of the day which is what president cohen mentioned about what is happening in our nation's capital. i want today say in our city, we have not had any residual effects of that and we're
4:09 pm
monitoring what is happening in our nation's capitol as well as other cities around the country and some protests and other cities around the country and some of our major messages but nothing like what we saw in washington d.c. so the good news is that at this point there's nothing to report in tims of activities and they have been a couple of social media about the protest and nothing of concern to note and we'll keep an eye on that throughout the night and moving forward. i'll start off with an overview of our crime year to date and by these reports it's tricky and this time of year because the numbers fluctuate because the numbers of small. we have to keep that in mind as i tell what you i've year to date. we are 63% down and on crime but
4:10 pm
again we're talking about a few days of the year and these numbers are small and they fluctuate this time of year and we look compared to last year and the last week of the year and 28% and now that it breaks down we can continue to see larceny and burglaries which we were plagued with throughout 2020 and sorry far there's a slight decrease year to date but again i'm going to caution about putting too much credence where we are this time of year. we did have a significant arrest and we believe an individual was arrested that was a serial burglar and the officers tapped into tenderloin and that individual is taken in the custody and he had eight outstanding warrants in addition to open burglary cases and you
4:11 pm
grow it's an impact and we'll keep an eye on that to see how tim pacts what is happening in that part of time and as far as our violent crimes is concerned, we had a homicide the last week of the year and we finished the year with 48 homicides ask 17 decreased compared to the 41 that we have in 2019 which was 50 plus year low and our afternoon are 50 homicides a year and our average over the last 10 years of 52 a year so we are below our averages but 48 is a number we hope to reign down these years because it's far too many and hopefully we make head way on that and we strategize on what we're going to focus on 2021. there are no on sides year to date yet we have had six
4:12 pm
shooting grips from five shooting incidents so that is from and it's alarming and there are no connections that we can determine at this point between the individual shootings and some of them appear to be random just argument and they have turned into gun play and two were robberies gone awry and there was one as a result of vice games that went awry and as far as the spread, they were spread across six different districts in our city and i will name those here in a second. southern bayview mission, and tenderloin all each have one shooting so far this year. as we move forward to 2021
4:13 pm
there's a few things that we want to turn around in terms of just over all strategies and we know they have a tough year and we had a burglary and we all reduction of crime and the burglary was alarming and they were spread all across town so that's something that we can focus on working with our partners and community members to be resilient and identifying the prolific burgers who we believe are causing damage as part of that strategy and i will keep the commission how it transpired throughout the year and another one is to reduce gun violence. we had 48 homicides last year many of them were gun related and we want to get a better handle and reduce our gun violence in the city. we were all over all in gun violence in 2020 and we hope to bring that down and reduce that in 2021. we have also moving to traffic
4:14 pm
fatalities, there are two fatalities and this was the result of an incident which a hit two pedestrians which resulted in the deaths and that individual was arrested and the district attorney has followed changes manslaughter among other charges on that individual and an unfortunate incident and he was found out from our investigation involved with other crimes apart from the manslaughter that i just mentioned and this resulted in our first traffic fatalities of 2021 and we will continue to work on vision zero and reducing traffic collision and fatalities in our high incident high collision corridor and that will be an ongoing issue for 2021 as well and the last thing i would like to report is just our
4:15 pm
progress on our driving or rushing a.k.a. side shows and we have what i agreed to be much more efficient response on this schuff and we had a number of those incidents occur over the new year's eve weekend and we were deployed and we had our unit ready to take action and all of these events were disrupted. we did issue citations so this has been an ongoing discussion that i presented to the commission in the past and we want to make head way on that issue because those events are extremely dangerous and disruptive and we want to do better in that regard. that concludes my report and if there are any questions from the commission i will answer them.
4:16 pm
>> great, do you have any questions for the chief? >> thank you, chief. happy new year to you as well. my question was we were provided a crime trend chart this morning. will this be published on the website for the public? >> yeah, we can publish this on the west side and just for the public information our crime data is on our department website as well as data sf so there are many ways and we can publish this report that we provided that information to the public. yes, ma'am. >> it breaks it down very nicely and the department did a great job and it shows that even though we are a weekend to the new year, that crime is down in all categories from last year
4:17 pm
except for homicides and bug lar he's. >> we are actually having no soldiers so we're dealing with it last year and it's up slightly and that is for the most part. >> >> thank you, president and thank you chief for thaw date. especially at the beginning of the year. i was thinking in just the last meeting we asked he was asking about some of the terms that we might be seeing due to covid. since we know covid isn't going anywhere as we come into the new year i was just wondering and thinking is there anything that the department has learned from the course of the last nine months that we'll really look into as we come into this new year? >> >> we really have to focus our strategies on the ving that we believed are called in the most
4:18 pm
damage and the jail population and for good because of the outbreak and the jail system including the personal system and so when we make an arrest, some people will be released and may not be released and we have seen other issues for the same offenses and that area where we are working with our partners and probation and parole to get traction when we have are prolific and i think that focus will do us good and we can get track on and maybe reduce a little bit of what we saw this past year and the other thing, just to note quickly is some of these trends were national
4:19 pm
trends which is happening in the other cities i remember size and larger. burglar he's are up and car thefts are up across the country and you are seeing and across the country so the connection with the possibility and the mental health issue as it relates to this and we don't know that to be proven but it definitely anecdotal that there may be some correlation there. as we work through that and our health professionals and do what we can to test that issue will be important as well. >> mr. hamasaki. >> thank you, president cohen. i just wanted to fall up on the chief's comments and notes that i think there's a lot of public concern about the increase in property crime over the years
4:20 pm
and if you look throughout california, this is happening everywhere and it's not too hard to draw a correlation between covid and our wonderful and failing to provide working for us and that this property crime wave has been happening. i appreciate everything is doing and this is not a local issue. thank you,. >> all right. is there any other comments? >> i appreciate it, chief. >> 11 minutes, not bad. including questions and comments. not bad. >> you are off to a good start. >> thank you. >> let's see if there's any public comment. >> public comment comes right after line item 3.
4:21 pm
>> got it. >> and we will continue with the d.p.a. if you would like me to read the d.p.a. portion. >> yes, please, i would. >> d.p.a. director report. report on recent d.p.a. activities and announcements and they will be limited to a activities and announcements commission discussion will determine there the issues raised for future commission meetings ex. >> congratulations president cohen and so i'm going to start with the weekly stats and in 2020, as of the end of the year,
4:22 pm
we've had opened 798 cases in 2019 it was 773 cases. we had closed cases and in 2019 we were (inaudible) cases. at the close of 2020 we had 351 cases pending compared to 417 in 2019 and in 2020 we sustained 44 cases compared to 86 in 2019 and we discussed. they have extended beyond the 370 mark of those 17 are told pending other criminal investigations and of those 12, 11 were cases we received before the shelter in place order went into effect and so that is a little bit of a delay.
4:23 pm
we closed out 2020 with 50 cases mediated compared to 38 in 2019. to date, we have 14 cases that are pending before the commission. two of those are appeals. we currently have 38 cases pending with the chief. those are statistics at the end of december of 2020. turning to our november statistical report, we received 34 complaints in the month of november that is down from 49 complaints we received in november of 2019 however, looking at the year to date as of november, we received 729 total complaints in 2020 compared to 713 complaints in 2019. so, that is the monthly snapshot as of november. i'm going to go through some other updates and i'll turn to our third quarter statistical
4:24 pm
report. times of outreach, our last commission meeting on december 17th, 2020, on d., a. staff were and the operations center and the city covid task force and holiday prop up site at 24th and mission. highlight the events in yan and there's a virtual mediation tabletop focusing on our balances and on the 15th, we'll have a take holder engagement on the 21st we'll have two separate pan als, the importance of language access in oversight agencies and one about police oversight auditing and d.p.a. is participated in and our last meeting and obviously
4:25 pm
spoke to the commission and all of the staff attended and 2018 and recently december 4th of 2020 and the staff has not attended that training and hiring and implicit bias training virtual tim hortons and on december 18th, we are having our staff train on cross culture that's also and virtual training and then in february broken up into two long sessions our staff will attend the office initiatives general update and i will start from our third quarter reports.
4:26 pm
can you please bring up the powerpoint? >> >> thank you so much, next slide, please. this is an overview of what we will talking about. i won't go through and we will go through it in the slides and i am hearing the call. if you can advance to the next slide. what this slide down is breakdown the allegations by type in the third quarter and i'm going to go through the broad categories and i'll give you a little bit more information about what each category means and that was a request of commissioner ally as and we advance it and do these reports you will get even more of a breakdown in the draft themselves. the left column is the neglect of duty of allegations and we
4:27 pm
received 160 complaints which fell into that category and what they do includes failure to activate body corn cameras and failure to display and failure to issue relief and make an arrest and failure to prepare incident reports and failure to care for a person in custody and investigate and process property and supervise and fail your to properly provide a number and when you get in the point and we'll get numbers of what these mean but that's just an overview of what neglect can include. with regards to contact and which we had 126 allegations of june third quarter and that can include general conduct on
4:28 pm
becoming by policing and statement and specifically to denieder identity and misrepresenting a trend and authority and selected enforcement and harassing behavior of use or profanity. the next is all the way to the right which is unrented action and that can mean citation without cards and justification and without cars and in proper search or seizure and intentional property damage and that might not fall within those specified categories and we will have unnecessary force and policy violations or referrals and referrals is someone makes a complaint that it's not within d.p.h. jurisdiction and might be
4:29 pm
another law enforcement agency or jurisdiction that falls within internal affairs as opposed to d.p.a. next slide breaks down the complaints by district so you will see that 40% of the complaints we received were from central and 30% from the airport bureau and the biggest category that we see here was from the mission and 67% of the cases so this breaks down where the complaints are coming from. if you can add advance to the next slide please, this is findings by allegations so on the left we sustained seven complaints and we break that
4:30 pm
down by the allegation type in that pie chart so there were 40 sustained allegations. of those if you look at the section of 28, that is neglective duties and 26 of that 28 represented a violation of a department rule or law and that would be a general order or another violation of a specific loss. when you look at number eight, the next section of the pie chart that is becoming uncoming and of those seven of this sustained allegations were for in appropriate behavior and comments and one for general conduct on becoming an officer. for the next category of seven and three of those were fail your to comply with the general
4:31 pm
order 5.01 and three unauthorized force and one was unnecessary use of force. and finally with regard to the unwarranted action, we sustained two allegations and one of those was a search and seizure and one a general unwarranted action. this shows a comparison of cases opened and closed by quarter and the lighter shade on the left from 2019 and the darker on the right is 2020 to get a comparison of cases we opened and closed per quarter. and a large number were received phones and then there's referrals and it's the same process i talked about that we
4:32 pm
might refer to other agencies and others referred to us including internal affairs or other outside agency partners and we do still receive some from mail and earlier and we received 10 referrals and i would like to know there's been a change with covid and us being closed inform in-person complaints but we have a process where someone shows up in-person there's a phone where they can call and either write them and make their complaints over the phone or set up a specific time to do so. if you can advance to the next slide, please. if you look at the decline to state on the left most graph, that's 42% so while we definitely adept to get
4:33 pm
demographics and they don't tell a full story because it is an optional piece of information that individuals may provide if they want. that said f. they did want to, 6% were asian and 11% black or african american and 9% hispanic or latin x and 24 white and 8% other and we have a breakdown by age and gender and so we will keep compiling these numbers and presenting those in our quarterly and annual reports and if you advance to the next slide. they are talks about our mediation and the amount of pieces that were mediated and what the status was so what this breaks down is per quarter new eligible cases which means cases when they came to d.p.a. were identified as being eligible for mediated and the number of cases
4:34 pm
being meeted and we will get officers who were ineligible. sometimes officers have had a mediation within the past six months and it would make them ineligible for a certain amount of time and we breakdown officers who officer the opportunity to mediate and only one officer out of all the officers declined mediation and it's a voluntary process and officers has to agree and similarly we showed the comply ants and not those who declined and the cases that the mediation didn't solve the issues so the cases were returned for investigation and the last column is the number of mediations at the end of each quarter. if we can advance to the next slide, please. this is the complaints who
4:35 pm
mediation and black or african american and latinx and again, whether or not to provide this information is voluntary. if you can advance to the next slide, please. i'm happy to answer and that you have. >> thank you, very much. no one? >> am i overseeing anything? sixth a couple questions and you noted on slide five that a significant a lot of complaints occur in the police district and
4:36 pm
tenderloin had 25. >> zahra: and the mission had 33 complaints. and is there a view as to why this is the case? >> that's a great question. i would love to be your answer but i'm curious to know if these correlate with the increase of community policing? increase the police presence on the streets and you might also be introduced more opportunities for police interaction both positive and negative. i wanted to get your thoughts. >> we have not looked at whether or not the numbers correlate with the increase of community and i agree that is something you should look at and we can work on the timeline and what the complaints why and we haven't other than collecting the data and i think that's something that we should do for our annual report when we present this data to you again.
4:37 pm
>> it will include the fourth quarter so we do quarterly reports for quarters one and two and three and they're plus the fourth quarter and it's something we can look into and research before that time. >> i appreciate it. >> any other questions? >> sergeant young blood, let's pivot and go to public comment. >> commissioner, do you want to finish off line item 3? >> yes, let's finish line item 3. >> commissioner reports. commissioner reports will be limited to a brief description and announcements and commissioner discussion will be holding to determine will be the calender any of the issues raised and a commission meeting. president report and scheduling of items identified for consideration as future commission meetings action.
4:38 pm
the floor is yours. any thoughts? >> any reports? there we go. >> thank you and go back and i wanted to the right time to comment was but i wanted to comment on the election and congratulate president cohen and vice president elias. i think as a commission we have a good strong five members now and i'm very optimistic as we start 2021 that that is going to be a productive year and wore going to push reforms forward in a way that i think it will make
4:39 pm
(inaudible) and people proud. that was it other than the commissioner spoke at the beginning. i would like us to (inaudible) around goals we would like to do this year and you can be the next two meetings about and we can achieve -- >> i'm sorry, commissioner. it sounds like someone is on the line but their computer is not muted. it is now it sounds like. >> >> that was my point to raise and i think we need to act more
4:40 pm
proactively instead of reactively and i appreciate commission president approach to spending our time working as opposed to getting bogged down in hour long presentation was a issue in the past and so i'm excited for the new leadership and it's a good sign that we're returning the commission to acting on behalf of the city and it's people so i'm excited and thank you. >> yeah, i think to that comment, we did have a meeting on tuesday president cohen and getting some work done with d.g.o. 7.01 and commissioner hamasaki ihamasaki is part of tg group and we met seven or eight
4:41 pm
times with this working group so it's the policy for youth and non psychological detention and custody and i wanted to give a shout out to that working group. we have several young people who are part of the working group and providing great input and giving us great feedback as we work through this d.g.o. which we will bring forward to our colleagues and to members of the public, soon. any other thoughts or colleagu colleagues? i just wanted to let the welcome disparities group know that we did receive their e-mail and we are working on a response and the three commissioners were present with a lengthy and productive conversation with them and we may have quorum issues with another commissioner
4:42 pm
responding before the three of us had an opportunity so, please be patient with us and we're working on trying to appropriate respond and to the group and the issues raised turning and we appreciate your patients. sergeant young blood, can you check to see if she has anything she would like to discuss. >> yes. i don't think she can unmute on her found. >> i can't unmute her either. >> ok. we tried to figure out and i'm going to just.
4:43 pm
>> i've been trying to think about how we deal with public comment and how we address the public's concerns and one thing that i have been toying with is we can go on to our business and from there if there's any remaining public comment, we can at the end of our business ex this is general public i'm speaking about and having it appointed time where we take a certain number of speakers for a controlled amount of time and i'm open to ideas on this and why i'm bringing this is because it's unfair for people to wait hours to give public and we have business to take care of and
4:44 pm
don't have the luxury to sit and spend hours and hours of public comment and not get our work done so i'm trying to find a happy medium that will strike a nice balance so we can accommodate everything that we nodneed to get accomplished. with that said, i would welcome any comments or feedback. if it's a terrible idea, don't hesitate to let me know and i'll reach out to the commission secretary, not to violate any brown act violations but to solicit some feedback to the members listening i welcome in of yours.
4:45 pm
>> can you hear us? >> yeah. >> if you don't have anything to say, we don't want to force you. we wanted to give you an idea to share your ideas or something you want us to work on for 2021. >> i'm here. >> we're going to get moving. we will keep this conversation open but let's keep going with the agenda. >> we have line item 4.
4:46 pm
discussion and action to approve draft 5.03 investigative detentions and for meeting and conferring with the san francisco police officer association. >> i don't think we took public comment on item 3. >> sorry, you are correct. >> for members of the public that would like to make public comment online item 3, please dial (415)655-0001 and enter 146 973 3457 and press pound and pound again and then press star 3 to raise your hand. members of the public that would like to make public comment now, please press star 3. >> i'm here i just couldn't find the mute for this thing. >> we're in public comment right now. >> i'm, i'm going back to mute. >> we have one public comment. >> great.
4:47 pm
>> good evening, ms. brown. you have two minutes. >> yes, hi. congratulations to ms. cohen lisa. thank you. i'm calling -- as always, i'm calling about my son. i'm talking about my son murdered august 14th, 2006 to gun violence. to this date his case is not involved. as a mother i just wanted the police commission to keep my son's memory alive and announce his murder to the public on sf gov and i want to thank commissioner de jesus for this lovely letter of the it was an early christmas present. she not only did this for my
4:48 pm
son, this is not a christmas press enter for my son but all african american people of color that have lost their loved ones, you know, that they're being stereo typed as gang members and just because they live in a certain neighborhood, and they're going to be labeled also and i just wanted to thank everyone that was involved with helping her get this letter. i know i can be a pest and i can be a squeaky wheel but i've been dealing with this for a long time and i wanted to thank her personally versus everyone else, thank her personally for this wonderful letter and i hope everyone read it and if anyone can piggyback off what she's done, i would love to have that because not only is my son being stereo typed, it's a lot of us being stereo typed out there and again, i think this is just to keep bringing remembrance to our
4:49 pm
children's homicides that are getting murdered everyday in this world and in this san francisco world. i just wanted to say that and to again thank de jesus for this so much. please, piggyback after her. >> it is. i was happy to do that. any time. thank you so much. >> any other speakers? >> there are no other speakers. let's keep moving forward. >> line item 4. discussion and possible action to approve draft 5.03. for meeting and conferring with the san francisco police officer association as required by-law. discussion and possible action. -- by law. this is a revision by the department of general order 5.03
4:50 pm
investigative detention and a become interest are several provisions that relate to reasonable suspicion. what wants to talk on this item. of course, commissioner elias. burning up the chat line to get in queue. >> thank you president cohen. this d.g.o. has been a long time in the making and we worked very hard on this and i'd like to especially thank the chief, who we had a special meeting with respect to some of the language in this d.g.o. to finalize the adding additional language for report sewing we wilreporting ss
4:51 pm
in investigation and have a more thorough data set. i'd like to thank julie tran from the san francisco bar association, rebeca young from the public defenders office and janelle kaywood for providing memos regarding the issue that were helpful in guiding our discussion so we can get this to the finish line and bring it before the commission. i would also like to thank the group and the members that participated in this, especially all of those that attended all the various meetings that we have so thank you to the community for your support. with that, i would ask that the fellow commissioners support 5.03 and i'll turn it over to the chief with respect to any additional comments that he has on this. >> thank you, vice president elias and i too just want to say there's a lot of work that went into this and a lot of
4:52 pm
discussion and thoughtful discussion. you may have mentioned it but i didn't hear it so pardon me if you did but i also would like to thank the d.p.a. for their input on what i believe to be a really solid policy and a good upgrade to this retention policy that allows us to do many things including collecting the data you mentioned so i want to thank everyone for working on this and i think it's a great start to what i believe to be a really sound policy on detention. and with that, we have commander bird, teresa who is available to present and answer any questions regarding either the d.g.o. or the process. >> perfect. before we hear from your staff, i wanted to give commissioner hamasaki an opportunity to weigh in.
4:53 pm
>> thank you. i just wanted to thank vice president elias this got bogged down earlier in the year and there was opposition to it and elias worked with the d.p.a. and bar association to bring everybody to the table to get it in the fashion that it is in today which is why i was particularly excited to have her elevate to vice president. she's shown a real dedication to doing the hard work that is required to hammer out policy. so, with that, i would move to adopt it. >> so commissioner hamasaki has
4:54 pm
made a motion to move. is there a second? >> second. >> second. let's hear from sfpd and their presentation. [please stand by]
4:55 pm
>> the policy requires a certificate of relief anytime someone is not free to leave. then also an incident report. updated forms as well, 105 form. the follow-up form, officer business cards to include information on how to come in or make complaint against officer. it is more comprehensive and
4:56 pm
provides clear direction to the officers. any questions i can answer for you, i am here for you. >> any questions, colleagues? >> there is a gram attical error commissioner elias wants to point out on final draft on page 3. >> there is a -- it isfetty extra period in section c2. period before public safety exception. if we make changes once the motion is passed it may be difficult. that is the only be issue that i see. other than that it is great. >> commander, i have a question for you. how do we -- how does the
4:57 pm
department ensure officers are regularly trained and informed of this d.g.o. regarding the investigative intention? >> they have to sign off acknowledging the d.g.o. >> sorry what? >> power dmf online as opposed to just signing off in hrms. >> is that a technology platform, i am not familiar good another anothe-- with it? >> it is a better way of auditing to make sure everybody is signing off. this is something that is gone over in the academy as well as
4:58 pm
follow-up in arrests. we have a host of classes we talk about in regards to fourth amendment and roll call training as well as ao and cb t. mandatory plain clothes training officers have to attend as well. it is gone over regularly. >> are there refresher courses that happen? >> yes, ao cb t is every two years. >> if i could piggyback. i know we talked in acronyms. advance officer is inservice training that officers have to go through routinely. we have to have so much training every year. that is an opportunity for refresher. also, there are regular training
4:59 pm
and lineup where our commanders and supervisors. this is policy. we will issue through power dms. everybody has to sign for it. the academy goes through the regular training of in service to refresh people on these rules. also, because of right now we are in formation to give us more time to train we want to incorporate the policy changes in our regular rotation of training. reality is we have a really aggressive revision calendar for the revisions. we have to go through all d.g.o.s on five year rolling basis. we have to have a rhythm to make sure it is what we do.
5:00 pm
we are not all the way where we need to be we changed the lineup six months ago. it allows more time for training to refresh on these issues. we are excited about that as well. >> thank you very much. commissioner elias. >> one other thing. my understanding and the chief can speak to this as well. with respect to this d.g.o. and 5.01, use of force that these policies will be reviewed by field training force option training unit, which is a special unit to look more in depth in terms of tactically how this is played out rather than the training scenarios they are given from the post training and other trainings they receive. the ftfo department is where it is fine tuned. this d.g.o. 5.01 will go there.
5:01 pm
>> that's correct. ftfo plays apart in helping us implement changes in policy and law with use of force and tactics. thathat is a lot of what they d. with the dba and chief of staff can speak to this. working with the d.p.a., we are working together and she has started creating some trainings scenarios for officers on these types of issues. definitely that is something that is going to give us more energy for training as well. that is really important as well. >> thank you, chief. any other discussion on this? we will move to public comment.
5:02 pm
please check the phone lines. >> clerk: members of the public for comment online item 4 press star 3 now. we have one caller. >> welcome, caller. >> you have two minutes. >> caller: this is rebecca young, public defender of the working group. first, congratulations to the commission on excellent selections for president and vice president. i agree with chief scott that 5.03 is good and clear and well defined general order members on the street should appreciate. 5.03 is the product from dedicated public servants on a final goal to serve common good.
5:03 pm
why does this 5.03 serve the common good? because it sets clear expectations for members regarding maintaining respect in tone and conduct with citizens. it also follows well established law. respect by police towards citizens in de tension will improve community respect for police and hopefully improving overall public safety for citizens of san francisco. i want to commend commander for her guidance of our working group and i want to thank chief scott for his openness in listening the bar association of san francisco regarding the language in the d.g.o. and how important it was to follow well established united states supreme court law. i urge its passage. thank you.
5:04 pm
>> thank you. any other speakers, sergeant? >> one caller. good evening, you have two minutes. >> caller: thank you. this is pastor. i am a chaplain for the san francisco police department speaking on my capacity as citizen and resident of san francisco. i will extend greetings on the epiphany. we have a fine lutheran president of the commission now. i want to just raise up the leadership of the executive work group and everyone who really worked hard to bring this d.g.o. into a space where it can be before you at the commission, and i want to lift up the leadership of the commander and the way that all community members were able to have a voice at the table. this is a fine example of ways
5:05 pm
to care about safety and respect in our community and also find ways that we can be the best we can as a police department and decrease bias. thank you for everyone who put hard work into this. >> any other members of the public to speak? >> that was it. there is no more public comment. >> i am sorry to interrupt. i apologize. i want to thank sergeant kilshaw who sheparded this for the past several years. this did fall offtrack for quite awhile. she brought it back even in her retirement she is dedicated and tirelessly working on these d.g.o.s it is because of her sheparding that this is here.
5:06 pm
thank you so much, sergeant kilshaw. >> very nice. let's keep moving. >> on the motion to approve the draft of 5.03 with the correction of the two periods. commissioner day de jesus, how do you vote? >> yes. >> commissioner hama saki. >> yes. >> commissioner elias. >> yes. >> commissioner brookter.
5:07 pm
>> yes. >> vice president cohen. >> aye. >> i have five ayes. >> thank you. is there anyone else on the line? i have an indication someone is calling on public comment. >> there is no hand raised. if they are on the line they need to press star three. they just came up. good evening, you have two minutes. >> thank you. so sorry there is julie. i am on the line. 5.03 i wanted to commend particularly the chief, who i think had a strong hand in the
5:08 pm
drafting of this changing how we document. at the very beginning of the work with the bar association i with a number of people including tony cam ever -- chaplain wrote this and we had no way to track detentions. the chief led the way to make sure the detentions will be tracked. it was air lot of discrepancy. i think we understand how all of us coming together to get it and involve many have come up with the best general order, which like the use of force and bias, free policing general orders will serve as model for the rest
5:09 pm
of the states. the commander and for cindy for reminding us there is a jury instruction regarding detentions that refocused our attention. i know you are voting. thank you very much. i just appreciate the hard work that went into this and, of course, we support it fully. thank you so much. >> next item. >> line item 5. discussion and possible action to adopt revised deputy general order 11.11. meeting and conferring with the san francisco police officers association as required by law. discussion and possible action.
5:10 pm
>> any discussion? >> yes we will present on this one. >> chief, i don't see them on here at the moment. >> rather than spend time. i can go with overview of the policy for the commission.
5:11 pm
i can brief the commission on it. the purpose of updating this policy to reflect that ddo11.11 is primarily designed as resource for members with problematic and ad duc and addie behaviors. we want to get to the problems before it becomes a crisis or tragedy or disciplinary issue. thathat is the spirit behind 11. to pride timely intervention and recovery resources for problematic addictive behavior alcohol use, drug use, gambling, anger management. that is not all inclusive. members may be mandated to
5:12 pm
participate in the program as a condition of displane and chief of police determines the duration. members can elect to participate in the program on their own. that is, when a member sees they have a problem they can selfie elect to participate in this program and get help. our behavioral science unit is a confidential resource. they do a really good job. i want to make sure members who are struggling with any of the issues that fall in this category have resources they need to get help before a problem and not have to deal with these issues on disciplinary level after something happens. couple of updated procedures in the policy to highlight. officer in charge of internal affairs division shall ensure the program administrator is
5:13 pm
notified when a member is referred to the program as a result of disciplinary action. if a member fails, the program administrator will notify the internal affairs division to conduct an investigation following the department protocol. also, the behavioral unit which is a confidential resource to assist members and successfully completing intervention and resource programs will be a big part of hopefully getting officers and members when they have these challenges, getting them back on the right track to get them the support they need. the program is really designed for that purpose to provide resources for members in need. formal updating of the program to emphasize the concept of intervention with members and resources available to members
5:14 pm
is one of the intentions of the program. to let officers, members, know the resourceses are available and not let it be a secret to anybody. the resourceses can be set up by members prior to the actions that result in discipline. that is what we are after. get help before it becomes a problem. focus of the program is to keep members mentality and physically healthy and provide assistance to members in need. healthy members result in safe and productive police officers and better delivery of public service. that is an overview of the intent of this updating of the general order. if there are any questions, i can answer them. >> commissioner hama saki. >> it doesn't seem like there is any particularly much substantive changes or changes
5:15 pm
that will impact this in practice. is that fair to say? >> there are a few subtle changes that are important changes. one, the tracking of this and the commission asked in the past about the tracking and ad ministration of the program. we felt we can do a better job tracking the administrative program. when somebody gets in the situation that they need support in this area, one of the things that is follow-through tracking to make sure that support is actually yielding the results that the program is designed to do. i mentioned about the internal affairs, administration of the program. those are subtle but important issues that i think will put us in a better position,
5:16 pm
commissioner. >> i know we have had this discussion a few times, mainly related to discipline cases, and there is some concern as to whether or not part of it is settlement agreements or discipline may involve referrals to bsu. from there whether or not the officer or member is getting the type of oversight and support they need. i know we saw at least one that i am thinking of where somebody had gone through, i think multiple referrals without addressing the problem. is there -- is this going to track referrals voluntary,
5:17 pm
people who come to the program follow daily and -- voluntarily or how do you plan to show the effectiveness and officers to learn what areas can be improved on? >> well, if it is voluntary that information is kept confidential, if a member seeks help and they go to the unit. that is confidential. as far as discipline, these cases are mandated by discipline. definitely that will be tracked. some including mandatory testing to make sure the testing is being done. of course, a negative outcome on the testing results in further disciplinary action. that is an area where we thought we could do better and that definitely will be tracked. >> that is what i was thinking
5:18 pm
about. there was a situation where an individual had gone there and had it for a period of time. we discussed this previously. it seemed like the commission that perhaps the individual needed to be on a tighter reign. it sounds like this is what you are addressing. >> that's correct. >> i am glad to hear that. >> commissioner elias. >> thank you. chief, i wanted to know how this is going to interplay with the early intervention system. i know when the mayor released the goals for the 20% policing early intervention is going to interplay with this policy. i do belief the early intervention system is aimed at
5:19 pm
finding issues that may arise from officers in a manner that we can basically intervene earlier rather than later after the disciplinary part. >> there could be interplay between that system and this program. early intervention system has triggers based on adverse behavior complaints or other issues. if those issues are the result of somebody who has a substance abuse problem and then they start to impact the impact how they do their job, start getting involved of use of force and we
5:20 pm
trigger early intervention. there could be there. they could be referred to this program and that will be tracked and monitored. if it is self-select. the person says it is impacting my job and that is confidential. there could be a correlation. the eis system does not follow these issues. if we have an intervention and derm that these type of issues are the root cause of what is going on, that is where it coming together. >> okay. commissioner elias, does that satisfy you? any other questions? >> no, thank you.
5:21 pm
>> any other questions? we can go to public comment. sergeant, public comment. >> members of the public regarding line item 5, department 11.11. call 415-655-0001. access code (146)973-3457. press pound, pound and star 3. press star 3 for public comment. we have no public comment. >> all right. a motion to approve 11.11? >> so moved. >> second. >> motion moved by brookter. second by eelias.
5:22 pm
for the record i don't see petra on. did she drop off? >> she is here. >> i am here. >> we will take this without objection. thank you. this motion passes unanimously. next item, please. >> line item 6. presentation of 2 and and third quarter sfpd/dpa document protocol report. discussion. >> i will not go through the documents. i will give context and background. this document protocol used to be on the consent calendar, meaning not subject to discussion. there were a few questions that came up with regard to the information sharing project that
5:23 pm
we are working on in terms of better communication between d.p.a. and sfpd about exchange of documents body-worn camera and things of that nature. the commission put this as separate agenda item to ensure that we were working with the department towards those goals of ensuring we were getting what we needed and had an opportunity to communicate with the commission for outstanding issues. i will say that you have the second and third quarter breakdown of items we requested, what we received, what the outstanding status was. further update i received today was at the end of the third quarter there were 15 outstanding requests. as of today there are six of those that are still outstanding which all involve body worn cameras which has been coming
5:24 pm
out on a rolling basis. as we discussed before many incidents involved several body worn cameras from several officers and large amount of time where the complaint is only on the small portion of time. there is a lot of back and forth between us and the department to narrow or get the body worn camera we need. at the next fourth quarter document protocol presentation we will update those six pieces and continue to ensure if there are issues we bring them up. i point out that i believe at one of the later january commission meetings ac moser will be back to give you an update on the information sharing that is done. i am very optimistic about that status of that work.
5:25 pm
>> i appreciate the update. my question was on the old numbers. in my notes for the second quarter 17 documents remain pending. third quarter there were 15 documents that remained pending. how do we know if the pending requests from each quarter have been addressed? >> the request for documents, are there requests for documents still pending in. >> there are requests pending the body-worn camera, six body worn camera pieces. it is for six cases of body-worn camera. i can't say with certainty that the cases the 17 second quarter and 15 from the third quarter are carryover versus new.
5:26 pm
we can track that in the fourth quarter. i don't know that for sure. >> thank you. commissioner elias do you have a question for this item or was that previous? >> that was previous. thank you. >> any other questions? i see none. public comment. >> for public comment online item 7. third and fourth quarter -- i'm sorry document protocol report. press star 3 now to raise your hands for public comment. we have no public comment be. >> this is a discussion item. there is no vote. we will keep moving forward. please call next item. >> 7. presentation of the third answer
5:27 pm
fourth quarter 2020 police commission report of disciplinary actions and update on cases remanded back to the chief. discussion item. [ inaudible ] >> commissioner hama sack key. >> i withdraw that. >> commission, this is a follow-up of disciplinary cases in which officers were -- had cases pending and they resigned from the department and the commissioner requested that i follow in open session on these cases on today's commission.
5:28 pm
there are four cases that i will speak about. how i will do this to protect the confidentiality of the officers is read the case number, what the charges and violations were, findings were and where we are. there was another issue. i can't remember which commissioner asked whether any cases worr would be releasable r the criteria. i will let the commission know which ones are and aren't. those four cases. i will start with first one. i.e.d. 2018-0212. the general order violation was violation of 2.01 rule 9 three
5:29 pm
counts. charges of a misdemeanor conviction of fish and game section 2002. unlawful possession of creature to members of the public out-of-county law enforcement agents. making false misleading statements to the commission. it was taken off because of retirement. that was remanded to the chief of police for further decisions and to reach final determination to permit the public release to the personnel file as permitted by law. 1421 question. improper conduct. what happened after i may being the findings the member is notified by mail, a letter of the findings. they have a right to appeal.
5:30 pm
if they decide to appeal, they get to review all of the case files and the information to make that appeal, and then from there we don't have any jurisdiction. they do have a right to appeal and to object to the findings. those letters are sept out. we have not heard back at this point. they had 30-days to make the appeal. there were letters sent out within the 30-days. on this particular case it is our belief this case is releasesible under 1421. next case is d.p.a. 0213-18. violations were violation of 5.01, which is the violation of
5:31 pm
2.01 and violation of d.g.o. 10.11, body-worn camera. charges consist of use of excessive force, misrepresenting truth about use of force, areas to activate body-worn camera. officer resigned or retired from the department. this was remanded to me to the chief of police for proceedings and for a final determination. it was improper conduct and the officer was sept a letter of right to appeal. we believe this also falls under 14.21. this case is releasable. id2019-0115. that case isvey violation of rule 9. charges of officer involved in
5:32 pm
violent road rage incident while off-duty armed with off-duty firearm. this member retired as well and case was remanded to the chief of police for further proceedings and to reach final determination which was improper conduct. this one we don't believe under the law is releasesible under 1421. next case is i.e.d. 2018-0204. violation is 2.02, 01, 9, rule 9 and charges consist of firearm while intoxicated and destruction of property. this is taken off calendar. member resigned from department. this is remanded to the chief of police for further proceedings and to reach final determination. that determination was roomed
5:33 pm
improper conduct. that member was sent final determination letter and we are waiting a response on possible appeal. we don't believe under the law this is releasesible under 1421. that is update on those cases. >> commissioner hama saki. >> chief, thank you for this report. this is the first of these reports that we have received. to give the public a little background. this has been a long process for this commission that unfortunately that the public hasn't been able to see. you know, the big issue, there
5:34 pm
are two. one is transparency and accountability that we want to make as many records public as allowable under the law. i am pleased to hear the two cases are 1421 eligible and should be released publicly. the second concern raised since before i got on the commission but even came up during the summer and the black lives matter demonstrations and discussions was around the idea of officers retiring with open discipline cases and then being rehired in other jurisdictions and including individuals who had been charged with pretty substantial conduct would be able to be rehired elsewhere if they presented a danger to the community of san francisco which is why they had to leave. this process by the chief
5:35 pm
completing the investigation himself will allow, i believe, files to be noted as such. if they ever try to work in another jurisdiction and that jurisdiction requests files and disciplinary files, they will be advised. i can imagine from assurance and liability perspective it will help keep dangerous officers off the streets. this is really important work. this has been going on behind the scenes with multiple city attorney memos and legal guidance to get to this state. thank you to the chief for implementing this. it may beings me happy to see this and feel like we as commission are doing our job to ensure the transparency, account ability and protection of the community is foremost.
5:36 pm
thank you. >> chief, i have a technical question dealing with policy failure. i want to note in the disciplinary report for the fourth quarter that there were charges neglect of duty to report and investigate and/or investigate used during the agreement policy failure execution of a wanter. the neglect of duty not reporting use of m4 rifle as forced after it was used during the execution of warrant. the m4 rifle at minor children not subject of the want. neglect of duty not reporting the use of the m4 rifle after used during the execution of the warrant. i would like to know what
5:37 pm
happened. >> yes. the good news on this is the commission's revision of 5.01 back in july addressed this issue. the issue is this. the way the previous policy before the revision the only intentional pointing of the weapon was being the reportable use of force. this particular situation it was definitely some questions on whether or not the weapons were drawn, whether or not there was intentional pointing of weapon during a search warrant, tactical operation and search warrant and whether or not those weapons were intentionally pointed at an individual's. that really was a bigger
5:38 pm
discussion on the intent of how those weapons were positioned. the policy didn't -- other than what the previous standing policy said at the time which was it had to be intentional pointing of weapon to be a use of force. that issue has been addressed now because the commission's revisions now have language that when a weapon is drawn even when it is not intentionally pointed, even if it doesn't amount to use of force it is reportable. it clears up a lot of that issue. that is the good news. i think, you know, there is some acknowledgment when guns are drawn whether or not they are pointed to a certain degree of promise to other incidents or those who witnessed that.
5:39 pm
this policy will address this or give us the ability to evaluate whether or not the mere drawing of the gun even if you are down already. which there was a lot of discussion on low ready if that should be reported or not. now it will be reported in most situations. that has been addressed. at the time this incident happened that was the issue. it is the policy that didn't cover it based on circumstances of that case. >> thank you. seeing no names in the ky, i think we have no other questions. public comment, please. >> public comment online item 7 regarding the commission report of disciplinary action. press star 3 to raise your hands.
5:40 pm
we have no public comment. >> all right. thank you. next item. >> 8. general public comment. at this time the public is welcome to address the commission for up to two minutes for items not on the agenda. under the rules and order neither police or d.p.a. personnel or commissioners are to respond but may provide brief response. opportunities to speak are available via phone by calling 415-655-0001. enter access code 146 -- star 3 if you wish to comment. if you wish to speak you will be added to the queue. speak clearly and slowly and turndown devices in the background. you may submit comment in the following ways.
5:41 pm
e-mail the secretary of the police commission or written comments to the public safety building located at 1245 third street, san francisco. members of the public to make comment press star 3. we have one public comment. >> thank you. this is rebecca young again. some of the commission members know me. i wear several hats. i am a public defender and member of the san francisco police department bias working group co-chair racial justice, it is on bar association of the san francisco criminal justice task force. as a result of these roles i have done a fair amount of study around meet and confer policy that protects the san francisco
5:42 pm
police department can collective bargaining from any sort of public reviews. under the city charter 11.100 and .101, all negotiating power is invested in dhr, department of human resources as agent of the mayor. the san francisco police department in 19 88 gave mayor authority over labor negotiations with this bargaining unit. we are asking for transparency. not only in san francisco but across the country is asking this collective bargaining unit poa that they are transparent in their bargaining. we are encouraging the commission to do whatever you can to encourage the dhr to advise the poa to include a transparency rule on their meet
5:43 pm
and confer process. we are also asking that you propose a charter amendment so that in the form of a proposition so that the voters can weigh in on whether they want transparency in police negotiation process. without transparency there will not be any accountability. transparency and accountability are like salt and pepper. they go together. you cannot have complete accountability for police behavior and change the culture that chief scott is trying to do without transparency. thank you. >> what was the caller's name? >> rebecca young. >> one more caller.
5:44 pm
you have two minutes. >> i just wanted to -- i don't expect this but i am going to do it. i wanted for the sfgovtv concerning my son on august 14 at 3:00 a.m. he was murdered in grove and baker. 17-years old. if anybody has any information we urge them to call the inspector. i forget his name right now. (415)553-1145. the case number tip line 575-4444. case number 060-86-2038. i wanted to keep awareness of my
5:45 pm
son in the light of the public. i will continue to do that. hopefully we will get back into the city hall real soon so i can see you guys in person and we can see each other's expressions again. thank you. >> thank you. any other members of the public like to comment? >> that is the end of public comment. >> thank you. let's continue moving forward on the agenda. >> line item 9. public comment on all matters pertaining to item 11 below. closed session including public comment on item 10, vote whether to hold item 11 in closed session. >> public comment is open.
5:46 pm
check the lines. >> we have no public comment. >> all right. public comment is closed. next item. >> 10. vote whether to hold item 11 in closed session. administrative code section 67.10. action. >> i will take a motion. >> so moved. >> second. >> motion by hama saki and seconded by commissioner elias. without objection the motion passes unanimously. >> i will take us into closed session. >> thank you i'd like to entertain a motion.
5:47 pm
is there a motion? >> motion. >> all right, motion made by commissioner lai, seconded by dejesus. thank you. without objection and the motion passes unanimously. all right. i don't believe we need to take public comment on that do we? >> normally we do, yes. >> i'll take a motion to rescind. is there a motion to rescind. >> motion. >> made by elias seconded by -- thank you, dejesus. so the motion is rescinded. public comment not to disclose what was in closed session. >> public comment on line item 12 regarding not to disclose, please press star 3 now to raise
5:48 pm
your hand. and we have no public comment, commissioner. >> excellent. thank you very much. all right, let's redo that motion. motion made by commissioner elias not to disclose. seconded by commissioner dejesus. we can take that again, without objection. without objection, motion passes unanimously. >> yes. >> all right, what else is on the agenda for tonight? >> line item 15, adjournment, action item. >> all right, folks. >> motion to adjourn. >> motion made by supervisor -- supervisor? by commissioner brookter. >> don't do that. >> seconded by -- force of habit. seconded by dejesus. ladies and gentlemen, we are adjourned. i take it we take that without objection? >> yes. >> thank you, everyone. good night. >> thank you. good night.
5:49 pm
>> available for each item on this agenda, via telephone by calling 1-(415)-655-0001. and when prompted entering code 1468720758 and then pound and pound again. once you join you will be able to listen to the meeting as a participant. to make public comment on an item, when the wr item is calle, dial star, 3, and you will hear that your line is unmuted and
5:50 pm
the operator will advise that you are allowed two minutes to speak. when your two minutes are up we move to the next caller taken in the order in which they are received. best practices are to speak slowly, clearly, and to turn down any televisions or radios around you. allow for audio and visual delays during the course of the meeting. >> thank you, miss milton. why don't we open up for public comment, any comments on the incredibly thorough minutes from our meeting last year about this time, december 17th, 2019. are there any minutes of the public who would like to comment on this item? >> there's no public comment. >> okay. public comment is closed. and can we have a motion to approve the minutes from december 17, 2019? >> moved by mandelman. >> and amber, remind me -- last year you made me get a second? >> clerk: you should get a
5:51 pm
second. >> okay. see, we don't do that in three-person committees at the board of supervisors but i had a nagging suspicion that you wanted that last year. commissioner ronen, would you like to second? >> yes, please. >> and on that motion made and seconded, a roll call, please. >> clerk: on approval of minutes [roll call] you have three ayes. it is approved. >> thank you. and, madam clerk, please read the next item. >> clerk: yes, item going into closed session, evaluation of the public employee performance and recommend approval of the executive director's performance objectives for 2021. this is an action item. >> thank you. and, madam council, do we need a motion to go into closed session? >> clerk: you do not need a motion to go into closed session. >> okay. should i take public comment
5:52 pm
prior to going therein? >> clerk: yes. >> are there any members of the public who would like to comment on this item number 3? >> no public comment. >> okay, public comment is closed. and now we will leave the open session and reconvene in the closed session momentarily. >> clerk: committee members -- i am waiting for everyone to get back with s.f.o. s.f.o sfgov-tv. >> ah, okay. if you would let us know when sfgov-tv is good to go, we are good to go. >> clerk: okay, sfgov-tv is back. don't see council -- >> it's already, we won't mess this up. >> clerk: all righty. let's do roll. [roll call] we have quorum.
5:53 pm
>> supervisor peskin: so first as to item number 3, our closed session item i would like to make a motion to not disclose. a second for that motion? >> second. >> supervisor peskin: seconded and on that a roll call please. >> clerk: motion not to disclose [roll call vote] motion passes. >> supervisor peskin: could you read the next item? >> clerk: i can. item 4, recommend setting the annual compensation for the executive director for 2021, this is an action item. and then also, chair, before we do continue, i would like to make an announcement about public comment for those on the line. >> please. >> clerk: thank you. the public comment line is 1-(415)-655-0001. and when prompted enter code 1468720758. to make public comment on an item when the item is called dial star 3 to be added to the queue to speak.
5:54 pm
you will hear a message saying that your line is unmutee unmutd you are allowed two minutes to speak. calls are taken in the order in which they are received. >> thank you, madam clerk. i first want to start by thanking the chief financial officer of the transportation authority miss cynthia fong, for helping us in closed session and then i want to thank our executive director and miss fong for really taking care of the 43 member staff of this small but mighty agency. and then to -- without divulging what transpired in closed session, to thank my colleagues, commissioners ronen and mandelman, not only to their commitment to the transportation authority and its staff and to its mission, but for making our closed session deliberations very, very smooth.
5:55 pm
we are all very cognizant of the fact that this is a remarkably tough time financially, emotionally, psychologically. and that sales tax are down and other funding sources that the p.a. relies on are down. but we also acknowledge the staff and their hard work and note that on average that the staff have received -- within the agency about a 4% increase to their salary. and to that end, we met in closed session to discuss the performance evaluation of our executive director whose work we found to be superlative in 2021 and recommend approval of the executive director's performance directives for 2021, and found that the work of the executive
5:56 pm
director, like i said, was outstanding. and in closed session the personnel committee took action to set the annual compensation for the executive director for 2021 in the amount of $278,113.68, which is a 4% increase. so i just would like to take an open session vote on that and i would like to make a motion to set the salary as just stated. is there a second for that motion? >> second. >> and is there any public comment on item number 4? >> i'm double checking right now. ah, yes, hold on just a moment and i'm going to put the caller on the line. >> first speaker, please >> hello, caller, your two
5:57 pm
minutes begins now. >> caller: yes. while i'm sure that the executive director has done a fine job, the computation seems already extremely high. and i don't see why there's any need to increase it at this time when, you know, other department budgets have been having their funding cut. and so, you know, this is a time of austerity and $278,000, that's already exorbitant, so why -- why is the executive director having his funding increased? i don't understand it. and so i think that in san francisco, they really deserve answers, especially insulting after you had this closed
5:58 pm
session that i understand is permissible under the brown act for a performance evaluation, but you chose to not disclose the contents of the closed session. is the director -- doing such a wonderful job, it would be -- it would be prudent to disclose what -- you know, tell us why the director is doing such a wonderful job. in fact, i believe that you're supposed to take public comment before voting to not disclose. so i'm very concerned about this situation and how the director is doing so wonderfully. and, quite honestly, san francisco is not doing really well right now and i understand with the pandemic, but, you know, we're having a hard time -- and maybe the director needed
5:59 pm
to not have a raise too. >> clerk: thank you, caller. >> yeah, and so are there any other members of the public for public comment? >> clerk: there are no more public comments. >> so i'll start by closing public comment. while public comment is not a period for discourse, let me do say a couple of things. number one, our executive director is a she, not a he. not that matters relative to what is before us. number two, this is not a sub-division of the city and county of san francisco. this is actually a separate agency under state law. and, number three, if one compares our executive director's salary to other similar positions in northern california and the bay area, this is not only in line with those salaries but it is arguably low a. as to the assessment of the
6:00 pm
meeting of goals that w >> good afternoon. we welcome our viewers to this special day of the san francisco board of supervisors. good afternoon. it's friday, january 8th. welcome to the inaugural meeting set pursuant to article 2, section 2116 of the municipal charter and this meeting will now come to order. as you know, former president of the board norman yee concluded his term and in the absence much the president, the clerk of the board called the meeting to order and assists the board as they conduct nominations and an election for the next board president. before getting to that business, i will begin with the land acknowledgement, pursuant to board rule 4.7.71, and the board of supervisors acknowledges that we are on unseated ancestoral