>> present. >> vice president elias. here. >> president cohen you have a quorum. >> thank you i appreciate that. ladies and gentlemen, will you join me in pledge ago allegiance to the flag. place your right hand over your heart and repeat after me. i pledge allegiance to the flag of the united states of america and to the republic for which it stands, one nation, under god, indivisible with liberty and justice for all. folks, also it's a new day. today is inauguration day. we have a new administration in place and president joe biden has been busy ushering into a flurry of new agreements.

i want to just acknowledge sfgovtv is saying there's a network error so we may have some technical difficulties on the sfgov as well. sergeant, could you please call the first item. >> also we have chief william scott from the san francisco police department and paul helpedder son from police henderson from police accountability. we have general public comment. the public is now welcome to address the commission regarding items that do not appear on tonight's agenda but that are within the subject matter jurisdiction of the commission. speakers shall address their remarks to the commission as a whole and not to individual

commissioners or department or dpa personnel. under police commission rules of order, the police or d.p.a. personnel nor commissioners are required to respond to questions presented to the public. that may provide a brief response, individual commissioners and police and d.p.a. personnel should refrain however from entering into debate or discussion with speakers doing public comment. at this time, the public is now welcome to address the commission for up to two minutes on items that do not appear on tonight's agenda by calling (415)655-0001. and enter access code 146 806 8536. press pound and pound again or dial star 3 if you wish to make

a comment. you have one caller commissioner cohen. >> thank you. >> caller: good evening, caller. >> caller: hi. hello. i'm a volunteer with the black community and i'm calling because we have recently been aware that supervisor safai has been proposed a resolution at the board of supervisors that would roll back the pace of reform with the doj process here so i'm calling to ask one, whether the police commission would make it clear to the board of supervisors that the further delays to the doj reform are unacceptable and as called for in this very resolution and two, to wonder what roles of the sfpd

has played in crafting this resolution. i would hope that they did not connect with supervisor safai and call even for the delays in critical reform but we do want to be very sure. thank you. >> thank you, caller. >> thank you, speaker. >> next caller. >> caller: yes, good evening, this is is star child i'm chair of the local chapter of liberaltarian party of san francisco. can everyone hear me? >> hello? >> yes. >> you can hear me. ok, thank you. i had a couple things i want to

mention. i second the caller proceeding with the department of justice row form and they've been delayed too long and i also wanted to make a suggestion. i don't know actually to what extent, well, i suspect the police commission could do this whether you would get that involved or not i don't know. i think the sfpd, when there's an incident any persons arrested or detained along with victims and witnesses should be september a police report when it comes backs. i was a victim several months ago and?

n would help shine a greater light on police expressions censure that things are happening in a proper manner and officers are putting the truth in their reports allowing witnesses to get copies of those reports to verify that and officers are saying in the record is announcing what they saw with the major important reform that would stem abuses and i had a quick question for the commissioners. i wanted to refer you to a group called the institute for justice at ij.org and they released a report on policing for profit also known as as asset forfeiture and this is a practice whereby police departments and law enforcement agencies will cease property or cash and someone not so valuable but they cease stuff from poor people and the laws are set up it's difficult -- >> thank you, caller.

commissioner cohen, it looks like you have one more caller. good evening, caller. you have two minutes. >> my name is paulette brown and i'm calling concerning my son who was murdered august 14th, 2006. to this day, his case is not solved. i've been calling for the last 14 years and this is something i'm going to continue to do. i'm just trying to keep my son's memory alive so that you know, when i do call in the police commission, sf gov can also -- the people that are turning into sf gov can hear my story about my son. i am still working on getting the pictures out there.

the homicide posters out there to bring awareness to all the unsolved homicides that are happening here in san francisco. my son, being one. my son was shot 30 times with a semi automatic gun. no mother should have to go through this for the rest of her life. my kids are grown now and i'm just fighting. i want to bring my son's memory back into -- i don't have his case number with me that i can say but i was just hoping that the police commission keeps my son's memory alive and if anyone i know the other person was there that usually called out my son's name but i don't know if

commissioner -- the new president will do it. if she decides to, i would appreciate it. ms. cohen, if she would do it i would really appreciate it. she doesn't have to but it's ok. i just wanted to keep my son's memory alive. i'll be glad when i can show my pictures. >> thank you, caller. >> good evening, caller. you have two minutes. good evening, caller. you have two minutes. >> caller: good evening. this is barrie toronto.

i'm a taxi driver and i work late-night hours. you know, as you know, there's not a lot of business anywhere because the restaurants are closed to indoor dineing and no nightclubs and bars and music venues. so, we have to rely on the business where people are going to actually need a cab. i work oust the cab stand we have next to wall greens on castro. it's 24 hours. castro and 18th. i had a officer with two officers, price and dejarme. the problem is they treated me horribly. they parked in the red zone at the front of the stab stand and i asked them nicely to give a ticket to the car, illegally parked in the cab stand and i had to be double parked because i couldn't use the cab stand. they refused to give the person a ticket and they said well, we

don't want to give tints tickety is having a hard time. i said i'm not even making minimum wage and you want to not support me using my cab stand. they were extremely rude. in fact, they threatened to give me a double parking ticket if i didn't move my car. that's the opposite of two officers that help me when i had my tires slashed when i threatened to call the police on someone parking in the cab stand in the same location. not every officers are like this. those two were extremely rude. i tied to make a police accountability complaint and i've been waiting for a week to do it and no one has returned my call. a guy named elmore is supposed to call me back. i called today and this very nice woman who answered the phone, pat, wanted to help me. but they're not giving me a call back. so why do you even have an office if we can't even file complaints. but the office of police

accountability. thank you, very much. >> thank you, caller. >> caller, you have two minutes. >> thank you. my name is susan buckman and i'm also a member of the wealth and disparities in the black communities and i want to second what the first public commenter that was kit hodges and what she said and so that's condemning supervisor safai's resolution. i can't even think what to say about that. i mean, it really came oust left field and it shows a real cluelessness about what is needed in the city and it's just shocking welcome disparities has been working on this for so long and if you would come to us, we could have the mayor will take

the right path and reject this resolution. thank you. >> we want the resolution slowed down sfpd reform. we want the police commission to be aware of this since you've been working so much on sfpd reform so while it's full out flowery language and support of black lives, it extends it's

really, no mechanism for insuring sfpd meets reforms besides just their own self-reports so that is not holding them accountable. it's making things worse. despite a year of reinvigorating up rising calling for the end of structural anti black racism i'm appalled that supervisor safai is actually putting things in the wrong direction whether he realizes or not. thank you. >> thank you, caller.

>> i am folks on staff ready to speak to callers. i don't know how to link the two but if you have the phone numbers for folks that have called in i'm happy to have my staff reach out to them directly. >> director henderson, they're anonymous. >> oh. ok. well, maybe then just -- perhaps director henderson can you they can contact the staff and it's (415)241-7711 is the direct line and my staff will follow-up with you directly. thank you.

>> that concludes. >> thank you, very much, director henderson. if you can call item 2. >> item 2, adoption of minutes action. for the meeting of january 6th, 2021. thank you. colleagues, i think this could be pretty much adopted. there's one administrative slight typo that i want to bring to our attention. i know 2021 is new but in the mint in the minutes, as of january 17th, there is a minor typo error in the public notice. it lists a january 6th, 2020 when it should be january 6th, 2021.

it's very slight and inok lus but if we can make that correction, that would be great. so, i make a motion to correct the date in the minutes and we can vote on that as amended. i'll make a motion to attend the minutes. can you guys hear me? >> yes. >> so moved. >> thank you. >> i'll make a motion to amend the minutes. thank you. looks like we can take this without objection. without objection to the minutes pass unanimously. thank you, colleagues. sergeant, please call item 3. >> item 3. reports to the commission discussion. weekly crime friends after

overview of provided summary of the planned events. this is a brief overview of any unplanned events or activities occurring in san francisco having an impact on public safety. commissioner discussion on unplanned events and activities the chief describes will be limited to determining whether to calender for a future meeting. >> ok. >> thank you. sergeant, just as a reminder, please set your timer. each speaker has 10 minutes. at this time, chief. >> thank you, president cohen. good evening, commissioners, vice president elias, director henderson and the public. this week i'll start with crime trends as of january 18th, 2021. starting with part 1 crime over all up. property crime is up 9% from

last week year to date, however, we are down 39%. again, it's early in the year and these numbers will swing -- the percentages will swing greatly early in the year because the numbers are smaller. we continue to see an uptick in burglaries and we're up 46% in burglary and we went from 266 this time last year to 388 this year. in terms of motor vehicle theft, we're up 12% and arson we're up 82% arson is up nine from 11 last year to 20 this year. our auto burglaries are down 54% early in the year but our auto burglar he's are down 54% and these numbers will move greatly at the beginning of the year. in terms of violent crimes,

we're down from last week. someone is on mute. i'm getting feedback. if we can -- can you hear me ok? >> again, we are homicides were even with where we were this time last year two homicides for the year. compared to last month, we had three homicides. we're actually down from last month. poth of our cases this year vo been clear. one by arrest and one by an appearance for the public exceptional clearance is situation where we're unable to prosecute because of circumstances beyond our control and in this case, the individual that committed the homicide also took his own life. our gun violence is up significantly from last year. the percentage is over 800% and

the numbers as they pan out is 19 victims of gun violence this year compared to two last year. i'll give the breakdown of the individual district stations in a second. 17 of our shootings have been non fatal and as i said, two of them have been fatal. in terms of the gun violence by station, we have had four shooting incidents in the bayview, two in the mission, throw in the northern, one in the park, one in ingleside and 3 in the tenderloin and one that resulted in multiple people being shot. the biggest number in the bayview districts with four. as far as significant incidents, as i said, this involves a murder-suicide on the 1500 block of scott and northern district

and our officers arrived and conducted a well-being check and discovered that two individuals were deceased. the first was a 9-year-old child and second was a 49-year-old man. they were father and son. it was deemed this was a murder-suicide and the well-being request it was in the area of mission and persia and that incident resulted in a fatal shooting. three people were shot and one fatally. our suspect identified in this case area.

two accounts of assault with a semi automatic firearm and discharging a firearm in public. he was in custody from an attempted murder charge in sacramento. this is being prosecuted in sacramento county as there's a next us from the sacramento violent crimes and the san francisco homicide and these decisions were made with consultations with members of our district attorney office here in san francisco. there were seven shooting incidents this week causing 11 victims. one was injured from glass shattered from the shooting. of there was one in bayview and one on january 11th. there was one in ingleside on

january 12th. there was one in january 16th glen and bayview on january 16th. one in bayview on january 17th n tenderloin on january 17th. the tenderloin shooting resulted in five people being shot and we do have four individuals in custody for that shooting. that shooting was in front of a liquor store. we believe that shoot asking shs linked to a homicide. the first one occurred in the tenderloin district and it involved two groups who engage in a fight and gunfire was exchanged and five individuals were shot. there were two shooting incidents. the last thing on the report, is there was one incident with a serious traffic collision and that was at 20th and potrero

at that location. our victim was a 82-year-old pedestrian who was struck by a vehicle near the crosswalk. the driver remained at the scene and a pedestrian was transported with life-threatening injuries. that will conclude my report for this week. thank you. >> thank you. all right. colleagues. let me see. i'm going to the chat to see if there are any questions. commissioner brookter is that your hand? >> i have a question in regards to arson. i know we said that the number isn't large but the 82% just really caught my eye and i was just really wondering, you know, when we're capturing this, is it arson at homes, vehicles, public

property? do we capture that type of information? >> we do. i will say, there's no common theme to these arsons. it can be any of the ones -- any of the categories you mentioned. we've had city property set on fire. we've had people's homes or arson started intended for someone's home. it could be any of those. i think last year a lot of what drove our arson statistics was what happened with the civil unrest and there were many fires set for that, done that period, anyway. we're not really seeing any def net trends at this point of the year, commissioner. it's a hodge podge of different arson-related events. >> thank you, chief. any other colleagues interested in speaking?

>> all right. hamasaki, is that you? would you like to add anything to the chief's report? >> sorry, thank you. the one thing i did want to raise was the press release that i e-mailed. i was e-mailed from the department today, friday, regarding the shooting, the homicide that arose out of the side show, probably earlier this year our last year. that was the one that i raised at last meeting recording the case that was charged out of county for a crime that occurred here. a homicide that occurred here. are you familiar with what i'm talking about? >> yes, that's the one i just mentioned, commissioner. >> ok. >> and did you have a understanding or explanation as

to why it was filed in sacramento when it's san francisco case? >> my understanding is that two things, there was a connection with the attempted murder i just mentioned in sacramento and the second thing is that my standing there's a consultation with the san francisco district attorney on their decision to have the sacramento d.a. file everything there, it's my understanding. >> ok. so, this is something that was approved by our district attorney? >> my understanding is that the conversation with our district attorney. not the district attorney but whoever filed the case. >> whoever in the district attorney's office who would handle these types of matters. so, i think i'd like to -- and maybe you don't know tonight but

i'd like to get a little bit more understanding as to why a san francisco case that was, you know, i think we all heard about it. it was a shooting that someone that happened at a side show one of those car events that we've talked about. why it was brought to another county because i do believe that crimes that occur in san francisco should be prosecuted in san francisco as well. >> that was in consultation with our district attorney office. the juvenile in question was already in custody for an attempted murder in san francisco. as you know there's a whole process with extradition and all so it was done with consultation, which is not uncommon in these cases. i've seen cases here in san francisco where we have prosecuted based on crimes that

occurred in other countries and vice versa and there is those cases have been conversations with district attorney staff on with this instance as well. >> it was a case that was investigating according to the press release by the homicide division. >> by our homicide unit, yes, yes. our case. you are talking about our case, yes. >> right. thank you. and you know, let me just briefly follow-up because a caller asked about to my understanding, that is not something we really do here. is that the department's -- i don't know the specifics of the department policy on that. >> there is as set forfeiture that is not administered by us. we don't take property and keep

their money. and certain investigations, particularly when forfeiture on federal investigations there is an as set forfeiture distribution so, this city has for years been a part of that and it's still is but it's not anything that we administer. we don't have an as asset forfeiture policy because we do don't take money and dop that into city departments account. that is distributed by the federal -- whoever does it. the federal authorities distribute where it comes from at that forfeiture. >> let me interject because we're getting off topic here. if you would like to agenized this discussion, we can do so for the next meeting. >> i'm done, thank you, very much. >> ok. >> all right.

is there any other colleagues that would like to ask questions? >> chief, i just had one question. it was just for my understanding and clarification, with respect to commissioner hamasaki's question, when you say there was consultation with the district attorney's office, i guess the district attorney refused to prosecut this individual as an adult. i'm not understand what is it means when you say there was a consultation. >> no. i have no knowledge of that being the case, commissioner. when these cases are filed when someone is in custody and another county and in this case there was, there's decisions that have to be made. whether we're going the other counties is going to extradite because they're in custody in

that county as you all know. there's usually consultation about the best way to handle that case whether it should be handled in the other counties or san francisco counties. since i've been there, there's been case that's have been handled here that were crimes commit inside other counties and that's usually with the permission and consultation of that county district attorney and that process does exist. and in this case, my understanding is that consultation did happen and it was decided to pursue the filing of these changes in sacramento county. >> i'm a waiver the special provisions with respect to juvenile. let's agenized this so we can have this discussion. >> absolutely, consider it done.

>> consider it done. >> first, i would appreciate it if you could report to the commission the moment the usdoj comes back into the collaborative reform initiative, please. now that we have transition of administration of power. i am optimistic that engagement will happen again. also, if you could incorporate a section on your report out to us about domestic terrorism. anything you hear or any chatter or any act of violence, please bring it to the commission's attention. >> yes, commissioner. >> thank you, sir. >> and if i may, just for 30 seconds, you asked for that last week and i ran out of time. we don't have anything to report

this week as far as domestic terrorism. there's a lot going on with the inauguration and what was on the internet and social media across the country but nothing has transpired here or nothing major in any other reports that i've gotten from cities across the country. >> got it. >> that's good to know. thank you. >> thank you. >> all right. seeing that there are no other colleagues that have questions, and the chief is finished his report, we can continue. i believe the next is department of police accountability. >> line item 3, dpa director's report. report on recent d.p.a. activities and announcements, d.p.a. report will be limit today a brief description of d.p.a. different tease and announcements. commission discussion will be limited to whether to calender any of the issues raised for future commission meetings. >> thank you.

>> i have, for my staff, this week, for the new year we are at 23 new cases that have come in. this time last year we're at 35 cases. we've closed 31 cases so far this year and this time last year we closed 59 cases. compared to this time we have 401. we've sustained two cases so far this year which is the same number of two case that's had been sustained this time last year. we have 35 cases who is investigations have gone past nine months so far still below the 33 deadline and there have been no cases that have gone past that deadline. this time last year, we were at

25 cases. we have not mediated any cases this year nor had we mediated cases this time last year. we have a number of cases that are with the commission and they're 14 cases with the commission. and we have 38 cases that are pending currently with the chief. we did outreach this week for mlk. dpa hosted a virtual panel discussion and it involved members of my staff and our outreach coordinator and the moderator and help panelists from my legal team, and also from my legal team and outreach team for community organizations. we have, on tonight's calender, two cases that are in closed session just as a flag for the

rest of the commissioners. and that concludes my report. >> president cohen: let me see if there are any questions. colleagues, any questions for director henderson? >> i don't see any. >> president cohen: all right. let's continue moving forward. next item. >> commission reports. commission reports will be submitted to a brief description of activities and announcements. commission discussion will be limited to determining whether to calender any of the issues raised for future commission meetings. commission president report, commission's report, commission announcements and scheduling of items identified for consideration as future commission meetings, action. >> president cohen: all right. commissioners, we'll start with you. a few of you have been very busy. do you want to report out? >> all right, mr. hamasaki i see

your name first. >> thank you. it's been a busy week. i don't know why she madam vice are grinning so broadly but myself, commissioner elias and commissioner brookter attended a preview presentation to center for policing equity which was very interesting how to refine the report. we're not aware of they have signed an m.o.u. to the department regarding future work and that is something that i think the commissioners, we were

interested in learning more about and this has been an ongoing challenge learning about agreements and the department has entered into m.o.u.s and i think there's -- i believe they are in our purview and so, i would like to understand that better. that's it. >> all right. commissioner brookter. >> thank you, president cohen. also i wanted to give you an update that commissioner hamasaki and i had our ninth meeting with the working group for djo7.01. so members of the public and the commission that were really working to push that dgo forward to bring it to the commission and back to the public and i also just had a statement. i think before we got into

covid, i was backing as a liaison for the commission and for my colleagues, working alongside d.p.a. so i wanted to get that in the record. we get our meetings back on the calender to continue to have that dialogue and be that liaison with d.p.a. >> great, i look forward to. >> president cohen: all right. commissioner elias. >> i was smiling because commissioner hamasaki jumped the line. i think commissioner brookter was first. >> president cohen: i'm sorry. >> i do that from time to time. >> exactly. >> commissioner dejesus was perhaps in front of me as well. [laughter] >> president cohen: hold on. i'm going to get to petra, ok.

commissioner dejesus, please -- >> so, commissioner brookter and i met with the chiefs and others regarding the -- we haven't had our d.g.o. regarding awards to officers. so, we have this d.g.o. that is going to come before us to approve. we have this committee that is set up to review it and we met and we're not done and we have to meet again. what started is a new process to meet with the chief and others to go through these and then when they come in front of the commission, they've been screened by a couple commissioners. the d.g.o. itself has to be amended accordingly. i wanted to report on that. >> president cohen: all right. that's good. it's good to know. commissioner elias, you are up. >> thank you president cohen. i think that if commissioner hamasaki covered my updates so thank you. [laughter]

>> that's funny. hamasaki covers everything for everybody. >> president cohen: ok so, i don't have much to report on. hopefully i'll have more next week in terms of policy suggestions. i would like to ask the chief if any review has been conducted on the sfpd twitter links and other social media platforms to determine whether or not there's been any similar linkages between sfpd and the activities like -- well, let me back up. i'd like to ask if there's a review on the connection on twitter between the san francisco police department tenderloin twitter account and congresswoman bowbert there was an interesting report about the connections following her -- you

might recall congresswoman bowbert was the one tweeting the whereabouts the speaker pelosi. if there is an investigation, let me know. if there's not, i would just like to know. the curiosity. i'm curious. >> yes. that is being reviewed and i don't have anything to report but it's being reviewed and looked into. >> so upon completion. >> the question you asked about the tenderloin and the congresswoman. >> that's right. so upon review of this connection, i'd like you to bring it to the commission. again, to satisfy my curiosity. i don't think that's out of line or in violation of anything. >> yes, commissioner, we can do that.

we will do that. >> president cohen: all right. i appreciate that. it's a pretty disturbing link and a curious one. are you still investigating officers that may have participated in the. >> they were not involved in any of the washington activities and we talked to our federal partners here connecting the criminal investigation but there's a federal criminal investigation going on. our federal partners here have advised me there's no indication of any sfpd personnel. we haven't gotten any word or rumors that any of our personnel were involved in any of our members were involved so, at this point, there's no indication at all that any of our members were involved in anything that happened in d.c. and in particular, the criminal

activity there was no indication at all that any of our members were involved in that activity. >> president cohen: i'm very pleased to hear that. did you ask directly or is this just kind of an informal -- [please stand by]

>> commissioner hamasaki: so that's a suggestion that i raised with the chief, and i would encourage that it be implemented. i was trying to think of a way that would be more -- less confrontational, and this seems like it would be more of an invitation to identify yourselves and, you know, as law enforcement officers, anybody who is in the presence of criminal activity would want to aid in an investigation, so i'm making that request tonight, and i think it should be acted on. thank you, madam president. >> commissioner cohen: no

problem. thank you for making that in the record. all right. let 'continue moving forward, sergeant reynolds. please call item number 5. >> clerk: we have public comment on-line item 3-c, so any caller who is interested in speaking, please call 415-655-0001. enter access code 146-806-8536. press pound, and then press pound again or dial star, three. okay. looks like we have a couple callers. >> commissioner cohen: okay. >> clerk: caller, good evening. you have two minutes. >> yes. i am somewhat concerned about, you know, i think the police department has a lot of things

on its hand, and i wonder if -- why it's do being things like notifying the f.b.i. about peaceful demonstrations. that seems a little bit like an overreach when we have things like open air drug dealing and cars being broken into, and my neighbor had their house broken into in broad daylight, and so why you're worrying about peaceful demonstrations that might have remote link to, you know, right wing activism, that's kind of concerning. and so -- and why is the san francisco police department involved in the investigation

into congressman boebert because what? she's from colorado and pelosi is in d.c., so i don't know why san francisco has anything to do with it unless twitter is based in san francisco. so is the san francisco police department going to get involved in every single case of harassment that's involved in twitter because that seems like a lot of work for san francisco police department when people's houses are getting broken into in broad daylight, so yeah. i feel like the police department really needs to focus its priorities and not turn into some sort of surveillance tool, so yeah. thank you. >> clerk: thank you, caller.

good evening, caller. you have two minutes. >> good evening again. this is miss paulette brown. i was giving the case number to my son's case for his homicide for the $250,000 reward and for the capture of the perpetrators that murdered my son, and that case number is 060862038. if anybody knows anything of this case concerning my son, even though it's been many years, and it's a cold case, i would love them to call in. the perpetrators that murdered my son -- and i got this from my homicide inspector a little bit after my son was murdered when i walked into the room and had to view the books if i knew

any of those perpetrators. and the names of those perpetrators are thomas hannibal, thomas moffatt, jason thompson, anthony hunter, and marcus carter. one of them is deceased. hannibal is still walking around. he was the one bragging about murdering my son. paris moffatt is still walking around. these are the perpetrators on my son's posters. they shot him because they were walking up to see someone else, and he said something to them. we don't want to wait until it

hits our home before we open our mouth because our silence is continuing to kill us, so we want to do something about it. >> clerk: thank you, caller. good evening, caller. you have two minutes. >> good evening, thank you. this is starchild again, chairman of the libertarian party of san francisco, but i thank commissioner hamasaki for following up on my comment. locally, the departments often can't get away with doing this themselves. basically, the feds do it for them, and then, the locals get a cut of the proceeds, so it's still prioritizing crimes and

property fees for law enforcement. this is according to ij.org. individual cash forfeitures are individually usually small, usually a few thousand dollars. more than that, the data show quite often makes little economic sense for property owners to fight. the cost of hiring an attorney to navigating complex civil forfeiture processes often outweighs the value of seized property, and there's been many, many documented cases of horrible abuse like loaning someone else their car and that person commits a crime, and then, the car is seized even when the crime is something, you know, very minor, so you would encourage commissioner hamasaki or one of the other commissioners to indeed follow up and agendize this item for the next meeting. i think there ought to be an

audit. if the commission doesn't know how much money is coming in from being seized, they ought to know, and yeah, something is drawing increasing attention to many states, but yeah, it's a lot of -- >> clerk: thank you, caller. president cohen, it looks like that concludes public comment. >> commissioner cohen: was there anything else on this agenda? next line item. >> clerk: next line item number 4, presentation of the sfpd audit of electronic communication devices for bias, fourth quarter 2020. reminder, there is a ten-minute limit for presentations.

>> president cohen, it's good to see you. >> commissioner cohen: likewise. how are you? i'm sorry to interject here. i just wanted just to give you the rules of engagement. ten-minute presentation. >> i'm going to do it in under ten minutes. >> commissioner cohen: you're going to make my night.

>> -- concerning the use of communication devices in systems. there are three. number one, department general order 10.08, use of computers in peripheral equipment, number two, department bulletin should be department notice 19-051, which is titled sfpd members expectation of privacy, use of computers, peripheral equipment, and facilities, and finally here within the risk management office, specifically, the internal affairs division, we have a unit order 18-02 that speaks to actually the audit process. it is important to note the audits are limited to devices the department owns and not any member personal devices. the audits do capture electronic messages that are captured from department devices to personal devices. there are three items, and they

are as follows. level two, the california law enforcement telecommunications systems, most commonly referred to as clets within the department, e-mails, and text messaging of department-issue cellular phones. beginning with clets, a program was established that investigates all messages in the system using a word list, and we use the same word list across all three mediums. the system is passive and runs continuously. if a member uses one of the flagged words, a hit is automatically generated and is sent to level two personnel. each hit is printed, scanned, and saved to a file. the level two audit process has

been fully operational since december 2016. we're starting our fifth year. so the fourth quarter results. from october 1 through december 31, there were 49 hits involved in the program, and after investigation, none of the hits were determined to be bias oriented. second system, e-mail. all e-mails received both externally and internally in the system is scanned. if the e-mail contains a hit word, it's sent to investigative personnel. staff analyzes every hit, and those determined to be potentially biased are investigated. so our fourth quarter results. again, from the period october

1 through december 31, there were 222 hits returned by the program, and after review by i.a.d. members, one of the 22 hits was determined to be bias oriented. we have opened an investigation into this matter. our third and final system, messages via department-issued cellular phones. audits of messages sent and received externally and internally are conducted by i.a.d. every 30 days, a search is done of all text using the established word list. additional terms can be used, as well. staff analyzes every hit to determine the context in which the term was used. those hits determined to be potentially biased are investigated, and all false

positive hits are saved by at&t. for the period october 1 through december 31, there were 33 hits returned from the program, and again, after review by i.a.d. members, none of the 33 hits were determined to be bias oriented. that concludes my presentation. >> president cohen: wow. that's a really good time stop -- job, commander. >> thank you. >> president cohen: let me see if my colleagues have any questions. i see no names in the chat. colleagues? okay. it doesn't look like we have any questions. >> clerk: we have one card for public comment. >> president cohen: yes, please. >> clerk: good evening, caller. you have two minutes. >> good evening, president

cohen, commissioners, police chief scott, and director henderson. i was surprised to find that it actually returned a hit. digging deeper, i found that it's been more than four hit -- found that in the more than four years of audits, there were only five hits. they sound more like a substantive error than a statistical finding. why does sfpd continue to invest in this test when it doesn't provide any meaningful way to probe for bias, and why is the commission allowing to waste the time for bias instead of investigating officers social media profiles for bias? the public loses confidence that bias will be rooted out just hidden behind the thin

veil of confidentiality. if we take the view seriously that bias has no place in sfpd, more needs to be done to find out how to root out bias. the commission should establish a working group off a plan of action to -- or a plan of action to replace this clearly limited audit. thank you. >> clerk: thank you, caller. good evening, caller. you have two minutes. >> good evening. thank you. this is starchild again with the libertarian party. i would like to echo everything the previous caller just said. i think he made some extremely cogent comments both about the lack of findings and the waste

of time that this seems to be taking place under the current method of auditing of social media. i was wondering if there's any kind of audit of how police are using things like stingray devices that mimic cell phone towers, basically spying on people's phone calls, whether it's the actual phone calls or just the geolocation, whether there may be those kinds of items being used in a biased manner, and i think that's maybe a question for the commissioners or chief. if the commissioners don't know the answer to that, i'd be interested to know if there's anything going on with regards to that. another thing would be electronic license plate readers that would be tied to a

vehicle or specific location. when bias is uncovered, i think it's vital the public get to know those details. officers shouldn't be able to hide behind the confidentiality or qualified immunity or whatever it gets called in a particular instance. we need to know who the misbehaving officers are, and that needs to be public. thank you. >> clerk: thank you, caller. good evening, caller. you have two minutes. good evening, caller. you have two minutes -- oh, looks like they're gone. that concludes public comment, president cohen. >> president cohen: all right. thank you. thank you to the members of the

public that have called in to this evening. is there any other business before this committee? >> clerk: president cohen? >> president cohen: yes. i asked if there's any other business before this commission? i asked if there was anything else on the agenda. >> clerk: yes. line item 5, presentation of the sfpd fdrb findings and recommendations and o.i.s. investigative summaries, fourth quarter 2020, discussion. >> president cohen: great. thank you. >> good evening, president cohen.

should i proceed? >> president cohen: yes, please. the floor is yours. thank you. >> good evening, president cohen, vice president elias, commissioners, chief scott, executive director henderson, and members of the community. greg gee, the chairman of the firearms commission and the firearms discharge review board. so in fourth quarter 2020, the firearms discharge review board reviewed the following officer involved shooting, o.i.s. 20-0001.

on april 12, at approximately 5:45 in the morning, san francisco police sergeant just finished his tour of duty and was on his way home. prior to going home, the sergeant stopped at the chevron station located at -- [inaudible] >> -- in south san francisco to fuel his vehicle. while fueling his vehicle, he heard a scream of help me, help me. he looked over and saw a vehicle parked in the first row of pumps. he did not see anything or anyone and continued to fuel his vehicle. a few seconds later, the sergeant heard a second loud scream and believed there may be a possible domestic situation or some type of assault that was in progress. the sergeant ran to the driver's side of the vehicle parked in the first row of pumps. he observed a person on the ground face up with their feet still inside the vehicle and

1 foot was barefoot, covered in blood. the sergeant observed a second person, later identified as the suspect, was on top of the person on the ground. the sergeant, not knowing what was going on, yelled "stop, knock it off!" the suspect backed up and took a few steps back. the suspect struck the officer in the face. the officer drew his weapon and ordered the suspect to get down on the ground. the sergeant pulled out his star and identified himself as a police officer. the suspect said i don't give a [bleep] about your badge. the sergeant ordered the suspect to get on the ground, but he did not comply. the sergeant holstered his weapon since he did not see a weapon in the suspect's hands.

he continued to give orders to the suspect to get down on the ground and that he was under arrest. the suspect did not comply and the sergeant attempted to walk backwards in an attempt to deescalation the situation and create time and distance. the sergeant focused attention back on the suspect and observed a box cutter in his hand. the sergeant drew his firearm again, and as the suspect continued to walk towards him, the sergeant continued to give orders to drop the weapon and get down on the ground. the sergeant warned the suspect he would be shot if he did not follow orders. the suspect did not comply and continued to advance. the sergeant, fearing for his life, fired his firearm one time, striking the suspect in the abdomen. the suspect fell to the ground but continued to try to get up with a box cutter in hand. the sergeant made his way back towards the cash register window and asked if they could

call the police. the suspect, after being shot, continued to try to get up. sergeant continued commands to drop the knife and stay on the ground. after several minutes, the south san francisco police department arrived. the suspect, now on his feet, approached south san francisco police officers with the box cutter still in hand. they ordered him to drop the weapon, but he did not comply. the suspect was tased by south san francisco police department three times and still managed to get up. the suspect stole a south san francisco police car, and the south san francisco police department pursued the suspect. at the termination point of the pursuit, an officer involved shooting with the south san francisco police department occurred, and the suspect succumbed to the injuries. the sergeant remained at the scene and provided aid to the suspect.

the suspect and the sergeant were referred for injuries. after review, the san francisco police department determined that this incident was in policy. the status of o.i.s. investigations. currently, there are nine o.i.s. investigations pending, and they are active investigation -- and there are active investigations underway. currently, there are five death investigations that have active criminal or administrative investigations underway, and that is the conclusion of the report. >> president cohen: thank you very much for your presentation, deputy chief. colleagues, are there any

questions? this is the first time i've heard of such a report. what happens? you report the finding and then what are the next steps? >> there are no next steps. the recommendation is made to the chief of police. chief scott will then either concur with the findings or he will not concur or he could send it back for any further review. >> president cohen: i appreciate that. thank you. all right. seeing no other questions -- >> clerk: madam president, there's no public comment pending. line item 6, presentation of the sfpd's family code 6228 quarterly report, fourth quarter 2020 discussion. >> good evening, president

cohen, vice president elias, commissioners, executive director henderson, chief scott, and members of the public. my name is captain david falzon. as a result of a police commission working group, we present quarterly to outline our progress as far as our timeliness to response requests relating to family code section 6228. during the last quarter, october, november, december, we had 95 requests for 6228. all other requests exceeded 7,000. the -- i'm pleased to announce that of those 95 requests, all 100%, 95 of the requests were

fulfilled within five days, which was our goal when we set out to do this working group, so we're well within that commitment. i would also point out that i think this is particularly rewarding for the staff and quite heartfelt. the bulk of our requests now came from victims. 75 of those requests came from victims, so i think it speaks volumes to the relationship we're building with the public. on a side note, i did want to extend a thank you to vice president elias. during the month of december, she was kind enough to stop by our unit, and we brought everyone together. and i cannot stress enough how much we appreciated her visit. i think staff was quite surprised that she was so well informed with the work they were doing and the importance of it, and i just want to send a special thanks to her. i think often -- i think the staff doesn't really think that

everyone's watching this and the importance of the work that they're doing, so vice president elias, a special thank you to you. but in closing, i'd just like to reiterate that we did meet 100% compliance, and i think if we take a great reflection of where we were a year ago today, we've come leaps and bounds. i'd just like to thank those supporting us. we have a public-facing system that the public is now using. we're consistently seeing requests increase. this last quarter, we were up to 65 requests through the website, so i really think -- which is now the number one way to request a police report from us. so it's efficient, and not only is it efficient, it documents the entire process. so we know when the request comes in, we know when they

sent it, we know when we processed it. i think that symbolizes great accountability, so that is my report, and i'm happy to answer any questions. >> president cohen: i'm going to see if commissioner elias has any questions. >> vice president elias: thank you, president cohen. i don't have a question, but i wanted to extend a thank you for captain falzon for his leadership in this department. when i was able to visit this department, i was able to view all the great work that your department is doing and have a great conversation that led to the great work that your department is doing, and the turnaround time. it's really great to see the turnaround times, especially for victims who have already suffered and been the victims of trauma, and they come into contact with your staff. and mind you, this department is only working at 50% capacity physically because they have to

rotate in and out of the office because of covid. and even with that restriction, they're able to turn these requests around in days. so thank you for your leadership, captain falzon. thank you for the great work you're doing, and please extend that to the staff and i appreciate all the hard work they're doing. >> very much appreciated. no, you're always welcome as is any other commissioners. we're doing great work down here, and we'd love to share it with you commissioners. thank you very much. >> president cohen: all right. thank you. seeing that there are no other names on the roster, sergeant reynolds, please call the next item. >> commissioner hamasaki: sorry. president cohen, this is commissioner -- >> president cohen: oh, yes, commissioner hamasaki. >> commissioner hamasaki: thank you, and i just wanted to join

in commissioner elias' praise of the unit. commissioner elias and i were present when the domestic violence officers presented before the commission about the difficulty that domestic violence survivors were having in getting the reports. it was amazingly productive. we had a little bit of issues at the end, but we got to this point, and i'll say there was a great, great buy-in from the members of the department. to go from that -- you know, it was a real -- people were very hurt and upset because, you know, survivors need these reports in order to get restraining orders, and so there was a lot of -- it was a

very emotional process to get to this point and to have this report. i just wanted to say congratulations, and this is a really great work that you're doing for the community. i'm really just proud to see this -- this got -- get to this stage, to thank you again. >> thank you, commissioner hamasaki. and i've got to say, you know you were originally part of our original group. i just have one other comment. i think what you helped, and commissioner elias, was make contact with the human being. you nailed it. the people have already been victimized, and the staff truly gets that. i don't know if they got that in the past, but now, they truly get that connection, and the relationship that they've been able to build with those victim survivors. this was a cultural shift. the software is great, but it's only as good as the people running it.

this is a credit to my team here, the supervisors. again, commissioner elias right -- coming prior to christmas was really the icing on the cake for us. they hear from me all the time that everyone is watching, but having one of you walk in unannounced was pretty awesome, and it was great for the staff. thank you. >> commissioner hamasaki: thank you. we're all excited when commissioner elias shows up anywhere. >> i agree. i feel the same way. >> commissioner hamasaki: thanks again, captain falzone. >> president cohen: thank you. i wish people were excited. >> i'm excited. you know i am. >> vice president elias: no, i had a great time. thank you. >> president cohen: great. we'll deploy commissioner elias to the p.o.a. i'm sure they'll be excited to see her there, too. >> good choice. >> president cohen: all right. i'm kidding, tony. please don't text me or call me

tomorrow. sergeant, what's next on the agenda? >> clerk: we now have public comment. the public is welcome to call in and press pound, three or dial star, three to make public comment. looks like we do not have any callers for public comment. so the next line item is line item 7, public comment on all matters pertaining to item 9 below: closed session, including public comment on item 8, vote whether to hold item 9 in closed session. >> president cohen: any public comment? >> clerk: no, ma'am, there's no public comment.

>> president cohen: okay. all right. well, let's call the next item. >> clerk: line item 8, vote on whether to hold item 9 in closed session. san francisco administrative code section 67.10, action. >> commissioner hamasaki: so moved. >> president cohen: all right. thank you. a motion moved by commissioner hamasaki, seconded by -- >> vice president elias: second. >> president cohen: -- by commissioner elias. and can we take that same house,