i'm calling this meeting to order. this is the regularly scheduled police commission meeting. this is wednesday, may 19th.

sergeant youngblood, please call the role. >> clerk: yes, ma'am. commissioner hamasaki has been excused. [roll call] president cohen, you have a quorum. we have director paul henderson from police accountability. for members of the public, please regard that line item 5 has been pulled from tonight's agenda. >> president cohen: that's right, but will be coming back soon. all right, folks, let's go ahead and get started. sergeant youngblood, thank you for calling the role. could you please tell me what the next item is i believe it's the pledge of allegiance.

>> clerk: yes, ma'am. >> president cohen: ladies and gentlemen, please join me in the pledge of allegiance. 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. all right. thank you very much. sergeant youngblood, please call the next item. >> clerk: yes, commissioner. line item 1. general public comment. at this time, the public is now welcomed to address the commission for up to two minutes on item that is do not appear in tonight's agenda. under police commission rules of order during public comment neither police or d.p.a. personnel nor commissioners are required to respond to comments provided by the public. comments provided to speak are available via phone by calling (415) 655-0001 and access code

187 190 6939. which will advise the moderator that you wish to speak and then add it to the queue. you may speak and submit public comment in idaho of the following ways. sfpd.commission. our written comments may be new postal service to the public safety building located at 25 3rd street. at this time, if you would like to make public comment, please press star 3. and president cohen, it looks like we have a couple of public comments. >> president cohen: great. good evening, caller. you have two minutes. >> hello police commission, my name is david aaronson. i'm a resident of district 1 and i'm with the corps team of wealth and disparities founded

by at thelicia jones. apparently, because of this. the police department will provide a report of the case status under review by the d.a. of officer involved shootings that are activity. the s.f. p.d.. only covers shootings from 2017 through 2020. it's our understanding that d.a. boudine is still investigating the officer-involved shooting which occurred in 2015 and which resulted in the d.o.j. review of the department. it's our understanding that d.a. boudine is investigating other shootings which occurred before 2017. we want to know if that is the case. the d.a. has filed charges in the officer shooting death. wealth and disparities called successfully for the firing of the trainee rookie officer killing him. we, of course, supported charges in that shooting.

we also demand charges in the case of mario woods. we would like the status on the mario woods case on deah boudine. we would also like to know if on d.a. boudine's watch if any officers are being charged and therefore lacking the long-term protection of the police officer's association. thank you very much. >> clerk: thank you, caller. good evening, caller. you have two minutes. >> good evening. my name is kit hodge from district 7 and i also volunteer with felicia jones. tonight, you're going to be hearing comments from district attorney chasa boudine. however, the sfpd's approach of

the case only covers shootings from 2017 to 2020. why is it the davment's reviewing officer-involved shooting cases which occurred before 2017 when there have been officer involved shootings in 2020. it could be that sfpd does not wish to talk about the officer-involved shootings and it could be that sfpd does not want to talk about the shootings which is in incredibly hot water and the investigation and the resignation of the police chief. in 2015, 2016 alone, there were 17 officer-involved shootings that were suspect involved, i.e. officers shot at suspects. of mario woods which occurred in 2015 which caused the d.o.j. review of the department which caused other shootings in 40.

prior to 2017 cases including mario woods. thank you. >> clerk: thank you, caller. good evening, caller. you have two minutes. >> hello, my name is susan buckman, i live in district 5 and i volunteer with the core team of wealth and disparities in the black community founded by felicia jones. tonight, there will be a district attorney presentation on officer involved shootings. sfpd will be reporting on the status of cases under the review by the davment page 3 of the presentation. however, the report only covers shootings that occurred between 2017 and 2020. as we understand it, there are shootings still under investigation that occurred prior to 2017 such as the marrow woods shooting in 2017. also, there has been more recent shootings such as the

officer involved shooting of xavier pitman this month. mr. pitman did not have a gun on him just like in high profile shootings and mr. pitman reportedly was already detained when he was shot. the anti-black racism exhibited by the sfpd during and before 2016 and 2015 which prompted the u.s. doj to investigate to this day. use of force and stopped it in 2016. looking at the most recent numbers sfpd's 96a report, black san franciscans are still more than ten times as likely as white san franciscans to be arrested or subject to use of force and more than four times as likely as hispanic san franciscans. this horrific rate of anti-black disparity has not

improved in the past seven years. you must keep in mind sf p.d.'s past, racist history is ongoing failure to improve its numbers on racial disparities and its ongoing attacks on unarmed black individuals. thank you. >> thank you, caller. president cohen, that is the end of public comment. >> president cohen: you couldn't hear me. thank you. thank you, public for your comments. sergeant youngblood, please call the next item. >> line item two, consent calendar. receive and file. action. sfpd monthly sb1421 report. the items are considered for

proerpgss only. any of of the items under the consent calendar, please advise president cohen you would like to put the items on the future agenda. tonight, there will be no discussion or consent on items. >> president cohen: all right. thank you. do we need to take comment on this? >> clerk: yes, ma'am. after the -- >> president cohen: all right. so let's take public comment before we entertain a motion. >> clerk: for members of the public that would like to make public comment regarding line item 2 please press star 3 now. good evening, caller. you have two minutes. >> thank you. dear police commissioners, chief scott, and director henderson. i'd like to comment on the lack of production of 1421 records

for this past month. as i read the two reports here, i see that dpa has released just three cases related to bodily injury. sfpd has released just two cases. one for officer-involved shooting and one related to great bodily injury. while sfpd complying with sbone thousand four hundred twenty-one is also one of those. releasing five cases this month between the two agencies and 132 cases since january 1st, 2019, doesn't fulfill that mandate under the law. that level of production no matter how either agency counts, simply won't cut it and requiring the agencies to provide a monthly tally without inquiring into whether the agencies can produce records faster and mandating that they do so. the laws are meaningless if records continue to trickle out of this. it will be years perhaps decades and say nothing of new cases. i'd ask the commission this, do

you believe this level of production is sufficient, if not, what is the commission prepared to do about it? thank you. >> thank you, caller. president cohen, that is the end of public comment. >> president cohen: thank you, caller. i appreciate that. all right. is there a motion on the item? i see commissioner byrne. please call the roll. >> clerk: on the item 2 consent calendar, [roll call]

you have five yeses. >> president cohen: thank you. the motion passes unanimously. please call the next item. >> clerk: line item 3. reports to the commission discussion. chief's report. weekly crime trends, provide an overview of offenses occurring in san francisco. major significant incidents. provide a summary of planned activities and events. unplanned activities occurring in san francisco have an impact on public safety. commission discussion and unplanned events the chief describes will be limited to determines whether to calendar for a future meeting. >> president cohen: thank you very much. before we hear from the chief, i want to take a moment to recognize that saturday, may 15th was peace officer's memorial day and i want to take a moment to recognize the ultimate sacrifice made by the 103 sfpd members who have died

in the line of duty. we'll take a moment of silence. thank you, very much for allowing me time to honor the memory of those that we've lost in the line of duty. and, with that, i will pivot to the chief and give the chief as much time as he needs. ladies and gentlemen, we've got a 10-minute rule. the chief and i have come to an understanding and we want to get as much information we can from the chiefment i will spend the 10-minute time limit on the chief. however, he knows he can't go on forever. all right, chief. it's all yours. >> thank you president cohen. and, also thank you for the recognition of police memorial week. normally we have a ceremony here in the city at the

headquarters building and last year and this year that had to be canceled due to covid. so we really appreciate you taking that moment of silence to recognize the 103 member who is have lost their lives in the line of duty. thank you for that. and, good evening, to vice president elias, commission, executive director henderson, and the public. we had a busy week in terms of homicide and shootings. overall, we are down by one over year to date. we have 16 compared to 17 year to date last year. that's a percentage decrease. rates were down 83 to 61. 27% decrease. robberies were down 1,007 to 835. which is a 7% decrease. we are now up in assaults which is a change from last week.

human trafficking, we were up by 2. 9 to 11 this year which is 22%. property crimes. the good news is burglaries continue to go down. we made a high impact on arrests of prolific burglaries this week. the district attorney and his team filed charges including probation violation and the open charge and the person was detained. so those collaborative efforts we believe at least anecdotedly seem to be making a difference in terms of our work with the district attorney's office and our strategies to focus on the high impact prolific burglaries. we're at 20% here today. a couple months ago, we were 56% up. we were at 2,800, 24 burglaries as of this report. motor vehicle thefts were up. 11%. arsons were up 103 last year,

128 this year and larceny, theft, which includes the categories of burglaries from cars we are down 36% which is almost a 3,000 increase crime this year compared to last year and we will continue to focus our efforts to try to keep that number at a negative. i want to talk about homicides. as i said, we had a significant and unfortunate week for homicides. we had three this past week and the three were on the weekend. i'm going into some detail on those cases. of the 16 homicide that we've had year to date we've also cleared some prior homicide as

well. in terms of gun violence, we are up significantly as i have reported in the last several months. we're seeing the rate decrease a little bit. this time last year compared to 87 year to date this year in terms of percentage it's a significant increase in the number of nonfatal shootings. 221 increase which is obismal and we have to change that trajectory. total gun violence victims is what i said. as we look at the 5-year trend, we are 16 homicide. the only lower year in the last fie years in 2019 where we had 14 homicide to date. so we are trending well compared to the last five years and hopefully we can keep those

numbers down the most significant is mission actually eagle side is significant as well from 3 to 11. as far as the homicide, our first one was may 14th at 6:39 p.m. our victim was at the corner liquor store in the eagle side district and he was there along with the suspect and several we believe to be friends. our suspect entered the store, walked out of the store and got into some type of argument with our victim. the suspect then pulled out a handgun, shot the victim one time in the upper body and fled on foot south on vienna.

the suspect also and our which we will not be releasing his name. this is just a sad incident. it at 12:26 p.m. officers were investigating an earlier homicide when they heard shots being fired in the area. they located two male adults who were suffering from gunshot wounds. the victims were ages 49

through 54. the other victim remains in the hospital with life-threatening injuries. prior to that a na housing development, officers responded to the area of 25th and connecticut responding to the shooting that had just occurred. the officers attempted to render aid and did render aid and transported to our local hospital where he succumbed to life-threatening injuries. on both of those cases, we have identified a suspect and warrants are outstanding for that particular individual. his name is robert and-a-half.

we will issue a press release and we believe he committed two homicide in a span of a couple of hours and as per our recent booking photos. and so we please do not take action on your own. please call 911. we made an arrest on one. we have a suspect identified on the other two and hopefully we'll have mr. noon in custody with the public's help or if he turns himself in. so we are looking for him as i report tonight. in addition to the three homicides, there was another

shooting on may 14th at 11:03 p.m. tenderloin units responded to a shot spotter activation. they located the victim who has been shot. the suspect was located by officers near the scene. he attempted to flee and after a brief pursuit, the suspect entered the freeway and tried to go to the wrong way on the freeway. our officers canceled the dangerous pursuit and they were able to locate the suspect detained and eventually arrest him. the victim did have some serious injuries but is expected to survive. there was also a shooting on may 17th at 6:09 p.m. at the intersection of lane and paloa

in the bayview. a group of individuals were hanging out in the area when shots rang out. we do not have a suspect in custody on that. so, please, if you have any information, call the sfpd tip line 555-4444. your information can remain confidential, we do need the public's help. we do still have our bayview deployment that's still happening along 3rd street. unfortunately, it did not prevent that shooting, but we're still out there.

we also are conducting between mckinnen and revere. we've also deployed additional resources because of shootings. we immediately redeployed resources to assist with the investigation and deter any potential violence. and, at that time, we do not know what we had. we think we had a good idea of what caused this shooting and we are assessing the possible retaliation as this investigation continues to unfold. as far as the ingleside homicide. we believe it's an isolated incident. our staff and officers reached out to the community and businesses and engaged with our partners and the mayor's office for outreach and batement of further violence in that area. we also put out actual information through a community text message through sf safe to enform the public of the three homicide and we are putting out

additional information to update them on the status on the arrest that's been main in this case. our ghost guns seizures continue to happen. it's very significant. we have a total of 411 guns in total citywide and that's compared to 366 this time last year. and so our gun seizures are still up. if you look at our five year numbers year to date of ghost guns, you can see a significant increase yearly.

we went from 6 in 2016 and 16 this time 2017. 51 this time of the year 2018. 77 and 2019 and 164 in 2020 and we're creeping above that. i mean, i'm sorry. those were the totals for the year. we already exceeded where we were this time last year on ghost guns. those strategies are still ongoing and still in the process of being implemented in terms of everything we reported to the commission and the public. i already talked about our burglary strategies so i won't repeat that and as far as fatal traffic collisions, the good news is we did not have fatal for this reporting period. there was one collision, however, that happened on the 14th.

our victim was 83 years old. so i sideswiped two cars and went into the median and hit a tree. the victim appeared to have minor injuries and that actually happened outside of the reportling period and ended up being a fatal, but i do want to report on it because it is relevant. also, last night. we had with the second vehicle. the suspect fled from the location and we are actively investigating and trying to put together the evidence with who identified that suspect.

the responding was not able to save the ped. next, i want to report on a.a.p.i. crimes for the week. we had a total of four crimes involving asian american victims. the possible was a hat crime. may 12th at 5:30 p.m. begin about victims' family members dying from covid. the suspect then grabbed the

victim, held them down. the victim was able to break from the location and the officers were called to the scene and, please, if you have witnessed this or have any information, please call us at our tip line our victim was 60 years old. a very expensive watch was taken and the victim struggled with the suspect but was unsuccessful. the suspect was unsuccessful in

taking the watch. the suspect got away and was last seen on foot in the area. so we are still looking for that suspect. the third crime at 11:30 a.m. broad daylight again. a 77-year-old asian male and the owner of the market at the location. the suspect took food after he stole food. our victim followed the suspect and knocked him to the ground. the victim fortunately for us did not receive injuries and officers were trying to collect

evidence so we can identify and arrest that robbery that in the central district on may 15th at 5:41 p.m. again. daylight. subject who we believe to be ability 14 to 15 years old yelled some offensive remarks at our victims, spray painted an unknown lick and ran into the bathroom. he exited the store and fled on grant avenue after witnesses confronted him verbally. this incident is related to another incident with the same suspect again in the federal

district. we do have video, but another heinous crime that happened in broad daylight. so our central officers are out and on foot. i'm able to walk with them and they're doing what they can to prevent these crimes. i know commissioner yeeand i did a community safety walk a couple of weeks ago. we will continue to engage and deploy to deter these crimes to happen by increasing your visibility as well. other significant incidents wrapping this up, we had a critical incident at the 4700 block a good example of

everything we've been training and practicing in terms of crime and intervention. he ran into the street yelling indiscernible things. our suspect ran into a parking lot he began cutting off his fingers using the saw. the officers created time and distance and attempted to deescalate the situation to no avail. he continued to sever his thumb he did sever his thumb and our crisis negotiation officer to

negotiation with this particular individual and to be actually able to be safe and taken into custody and the crisis intervention techniques. when we allow them to work, they do and luckily we were able to get this individual before he caused any more harm to himself or anybody else. and last time, we had a possible hate crime a rabbi discovered graffiti and photos were taken and video

surveillance and our special investigations unit was notified of the incident. and the last thing, we had several stunt driving incidents across the city on saturday our stunt driving response unit they had a and we believe that caused these individuals to come to our we towed two vehicles. we took three reports and we identified several vehicles to see these at a later time. so my hat's off to our stunt

driver response units who really rally to stop these things from getting worse when they occurred in our city and we're able to shut them down in a pretty quick manner over the weekend. we did not have any on sunday which was good news. and, lastly, just an update on our recently formed liaison unit. some of our most serious crimes they've assisted in ninety cases. they supported nine cases this month. and they have really done a lot of work to support our victims and get the resources to the victims they need. and, the last thing on our report, we'll have more fans at the ball park and mission bay and also the warriors are doing

the same thing and they also received increase in their attendance as we come out of covid finally. so that is my report. thank you for allowing time. it was a lot to report. >> president cohen: it was a lot to report. where do i begin. the gentleman that was cutting off his thumb or his fingers, is he in stable condition? >> he is and hopefully he's getting the help he needs. definitely the resources have been directed to him and hopefully those resources can help him so there were three homicides last weekend and i'm wondering if the strung of

murders, are they related. is this just a tragic series of individual events. do you see any larger patterns at play? >> unfortunately, this is not there's no good news when a person loses their life like this. the two are relate because it's the same suspect that's been identified. the one is in the ingle side district, we believe that's not to be related to any other homicide. we have the suspect in custody and then there was one that occurred on may the 8th, the one thousand three hundred block of polk. that one we believe to be unrelated to any other homicide as well. we arrested that individual yesterday and that case is developing, working with the d.a. to make sure we do what we need to do on our end to get

the evidence we need to move that forward and so that is not related to anything else that we've been able to determine. >> president cohen: wow. this is just sad. let me see. do any of you have any questions for the chief? do any of you have any followups? >> commissioner: president, may i ask the chief a question? >> president cohen: please do. yes. >> commissioner: chief, yesterday, the police department made an announcement about the city hall neighborhood. could you please describe to the commission just because people haven't heard what this is all about. >> yes.

thank you commissioner burns. we're going to increase our deployment. we've done this in times past. we hope it's sustained, but it really will be focused around what the community policing with the now if it's a violent crime in their presence, they're going to take action if they're able to do that and the suspect is there. what we're asking to do and they're asking everything they can in that type of situation so they can stay in the field because one of the challenges we've had in the past, the officers are out there, they see drug dealing and other crimes and they make the arrest and then they're out of the community for hours while they

do reports. that still needs to happen. we still need to make those arrests and keeping those officers as best we can do that in the field so they can be engaged with the community and have a presence out there. >> and, just one followup question, chief. as regards to golden gate avenue, between hyde and levinworth, i've seen over the years a tremendous amount of open air drug dealing going on over there, so i assume there will be a concentration on those two areas. i know from my visit to tenderloin station it's marked up in the station about those 2 particular streets and i hope the idea that san francisco has

an open drug market, the department will do its best to try to take away that perception. >> yes, commission. you're absolutely right. so we're trying to expand that. in the past, we've in the immediate vicinity. this effort will be expanded from turk to market to polk. that's a pretty significant area. the mayor's office is helping supplement with some of the communities around the plaza. that's going to be a great resource to just, you know, help people along and call out where trash pickups are needed and that kind of thing. it's definitely going to be a collaborative, but, to your point, that area is apart of our focus area.

>> commissioner: thank you, chief. >> president cohen: colleagues, any other questions for the chief? >> if i may, president cohen. >> president cohen: yes, please do. >> commissioner: it's not so much a question. i want to say, chief, thank you for the report. i think the last report we got from d.c.g. really pre-empted in this report and this one is heavy and i've been getting calls from folks in the community and i just want to say how much i appreciate the report so folks and members of the public can get a full picture of what's going on versus some of the highlights. i just wanted to make sure we were also as we continue on the commission to go out in the community. i do want to ask. i know i've asked it before and we've been doing a great job,

but i think i would like to receive a text message or alert when shootings and homicide to help heal and we need to also reiterate how important it is when incidents are taking place for members in the community to give information to the department. and we need to make sure we're working within our communities to make sure they also feel safe so we can take these perpetrators that are arming anyone off the street. that's from the heart. that's a pretty heavy report. also understanding and living in the neighborhood and what

transpired over the weekend and all of district 10. >> thank you, commissioner. we'll get you on the notification list. and any other commissioners that would like to be notified on those, we'll arrange it. >> i think we had that set up before with but we've been having some problems with that system, but i asked this week, i reached out there's no way to get the information. i'm happy to report back when i get the information. i spoke to lizar who was very helpful on how we can address it if the commissioners want.

>> you're absolutely right. we had some issues these past couple of weeks. my understanding the other city departments. it's still a good system i'll report back on whether those bugs have been worked out. >> president cohen: anyone else who would like to ask the chief a few questions. is there any other details that you need to share with us? >> that is it for the report. thank you. >> president cohen: all right. well, thank you for your report and your presentation. we will continue to move

forward. sergeant youngblood, are you there? >> clerk: yes, ma'am. >> president cohen: all right. thank you. could you get the next speaker. >> clerk: line item 3bdpa director's report. recent activities and announcements will be limited to a brief discussion of dpa activities and announcements to determine whether any of the calendar issues raised for the commissioner meeting. the 2020 monthly statistical report. >> thank you. i will note i wasn't given an additional report. because we talked about the 96a report that was pulled and i know a lot of people have been involved in that and the department wanted to present something on that.

>> thank you. >> yes. so what per the request from the commission both dpa and the department were asked to change the way that we reported at the weekly commission and the number that have previously been presented at the commission, typically, i get a litany of numbers outlining the volume of cases that have been open, that have been closed. cases that have been mediated. that information will still be available and it will be in written form and published as well on the website. but, what we will now be doing is providing statistical and trend analysis on a monthly basis and as always these

reports will also be available on our website as well as the supporting documents for the police commission's agendas. going forward, we'll be reporting weekly on just the new cases that have been opened throughout the previous week with the summation that i just articulated. that said, part of that is on the agenda today and so that's what you're going to hear the summary from today, this evening. so we received 66 new cases in the month of april and that means that there are a total of 132 allegations. i was saying the other day that i didn't articulate, but that i wanted to add is they will be adding the column for the allegation types in the summary of cases that have been received in the paragraph that breaks down those trends and that's what i'll be talking about in these weekly meetings. so of the 66 cases that were

received with 132 allegations, 35% of those involved an officer failing to take required action and failing to take a required action if falls under that category of neglect of duty allegations and can include any number of duty examples from this month include an allegation that a case where an allegation was made the two officers failed to stop a paramedic from verbally abusing a homeless man. secondly, an allegation that an officer refused to help a complainant find his car. 302% of the allegations that were received in april involved officers who spoke or behaved inappropriately according to the allegations. 9% of them involved unnecessary, allegations of unnecessary or excessive force.

6% involved violation of a department rule or a law. 6% involved a failure to write a report. and 3% involved a body warn camera violation. as a reminder, trends, policy failures and training failures are also on a quarterly basis. allegations are made to the exhibition and to the public as well. i'm trying to think what else we have. in terms of outreach, again can be found on dpa's community calendar and our website and many of those are live streamed

as well and we participated in the megablack meeting at the equity nonprofit entertainment focusing on strategies for educating black communities about different areas of empowerment including addressing police reform specifically and we dpa made a presentation talking about the future for the communities of african americans of san francisco and how those changes will look going forward. for closed session, i have there's one case on this evening and the closed session, there are a number of issues on today's agenda, so i'll wrap up. but just to flag them, the 1421 agenda on agenda item number 2, the 1421 report, agenda item number 3, the monthly stat

report which i just summarized in the presentation that i just made. agenda item number 7 and agenda item number ten which i referenced. we have one item on the calendar as well. tonight, present on this call, is senior investigator chris sheznal who is available to follow up if anyone has questions or any of the pass reviews or documents that i referenced in this conversation, that's also available on our website and you can call the agency as well. that completes my weekly summation for today and i think that's all i have. i mean, that's it. >> president cohen: thank you very much for your weekly summation. we appreciate it.

i don't have any detailed questions for you. one of the things, no, i guess that it is. >> thank you president cohen. i also want to thank you you director henderson. i really want to commend you and thank you for always answering the call. when we always give you criticisms or critiques or even asking for things, you always step up to the plate and i really do appreciate that and i do really appreciate this report you gave because i think it gives the public more transparency. i know in prior reports, we talked about how there's categories of discipline, but it doesn't tell you very much about the actual cases because the categories are so broad and, you know, they don't give you details. so i think that, you know, this

report was great and i want to thank you again for really answering the call when we ask you to. so thank you. >> thank you. and i will say it's really my staff that has scrambled trying to put this all together to try and make it relevant and i didn't articulate this before but i would request to be able to give the report like this at every other police commission for the month to make sure that i have accuracy, otherwise, it's hard for me to track and give the accurate percentages and i can be held accountable for if i'm doing it every week. i'll still present, but i'll be reporting on the newly open cases. one of the things you pointed out was just to shine a light

on and expose what work was being done and the numbers that they don't without context is not helpful without the summation and the trends that you asked for, it's probably more more helpful top understand as well as the volume. >> i really want to thank you chief of staff for really getting that data to us. i'm and so hopefully when they report before us, they will have that level of transparency that you have been demonstrating. i'm hopeful and eager to see. >> president cohen: seeing there are no other names in the

queue commission discussion for. >> line item 3c, commission reports. >> president cohen: thank you. i just want to remind you you and cindy have been working very closely on this. so just want to encourage that to happen. also the 96a report is going to be heard at the commission on wednesday june the 2nd.

and then also i want to reaffirm what director henderson said about the officer-involved shooting system. it's not working. it hasn't been working for a number of times. i think, at this point, it's acceptable. chief, i know you said that it still works, but this is the third time it hasn't worked and so i'd really love to know what the solution's going to be so that we are notified. with that said, i want to thank sergeant youngblood for notifying the commission of when there was an officer involved shooting and keeping this up to date as information came in to you, sergeant. thank you for that. and that's all i have at this point. i'm still in the process the attorney general will be confirm to come to this commission. we've got confirmed, john aldon

coming. do we have a date on that, sergeant youngblood? >> yes, ma'am. june 9th. >> president cohen: okay. >> and our third partner we will be reaching out. that's all i have at this time. colleagues, any one of you have anything to report to the commission and to the public? >> commissioner brookter: i do, madam president. >> president cohen: please to commissioner brookter. >> commissioner brookter: yeah. i had a very candid and great discussion about the work i've been doing alongside of all of you and the amount of reforms that we're able to push forward and it was a good discussion

with our friends across the privilege. current police chief as well as oakland police commission chair regina jackson. we got to share some information and best practices and things we were working on here at the commission. so i just wanted to update you on that. >> president cohen: thank you. i hope the radio program went well good. commissioner elias, you're smiling. does that mean you have something to share with us? >> vice president elias: no. i had a calendar. i don't know what happened. i missed out. >> president cohen: i know. 8:00 sundays roll around quick. >> commissioner brookter: i think we started 8:30. >> president cohen: well, i was asleep. i'm sure it went well.

commissioner byrne, is there anything you'd like to share with us. >> commissioner: not at this time. >> president cohen: how about you commissioner yee. >> commissioner: nothing here. >> president cohen: and commissioner hamasaki is ill this evening. so we will keep moving forward. sergeant youngblood, next item. >> clerk: next item is public comment. for members of the public who would like to make comment regarding the items in the commission report, please press star 3 now. >> president cohen: great. >> clerk: good evening, caller, you have two minutes.

>> hi, i'm calling. the anniversary is getting ready to come up again august 14th and still no solving of his case again. still a cold case. i still haven't heard from my inspector. i wish that i had calvin jones. he was one of the ones that stayed with me the most and also inspector peruchi who works at city college now. i'm saying that his case is still not solved and the persons' names thomas hanibal and paris mopet, andrew vadu, jason thompson, anthony hunter, and marcus whatever his name

is. but i'm still saying -- sorry you guys. i am tired and sleepy but the case is still unsolved and i'm still looking for persons that if something can be done, there's a two hundred fifty,$000 reward and no one's come forward and not only that i'm complaining about the feds and everyone is accusing our sons and our loved ones and people of color being in gangs is they accused my son in death and i still want a recantment of that story and i'm just going to keep coming back every week and just keep me in your prayers. i'm really hurting. thank you. >> clerk: for members of the public that have any information you can call the

anonymous tip line. and, president cohen, that is the end of public comment. >> president cohen: thank you very much. please call the next item. >> clerk: next item is line item 4. presentation by district attorney chesa boudine regarding district and time lines of officer-involved shooting investigations. >> good evening. president cohen, can you see and hear me all right. >> president cohen: i hear you. i don't see you just yet. thank you for coming. it's good to see you. i appreciate you accepting the invitation. >> like wise. we're all in this together. so happy to share our experience and answer any questions you or the public have about the work we do every day in partnership with the san francisco police department. >> president cohen: fantastic. just to kind of put things into

context, what i thought about doing when i was first being appointing and now i'm fully acting out is bringing our partners so that we don't have to talk through our comments so we have a closer lines of communication. so i've extended invitation to you. john aldon who you're probably familiar with over in oakland and the reform work that they're doing and public defender as well. so we want to be able to just have a little bit so we're doing as well. what i'm thinking about doing is giving you a few minutes to

make your presentation, i think you have a few slides. i know i have about eight questions and so i will pivot and the floor is yours. >> thank you, president cohen. i don't have the ability to share my screen just as soon as i'm able to share my screen. >> president cohen: i think sergeant youngblood is going to share his screen. >> clerk: for the members of the public the materials were not posted on the agenda, these

materials have now been disseminated and were posted online as they were received. they're available at sfgov.org/policecommission. click on agenda, supporting documents for today's meeting. and i will share the presentation now. >> great. can everyone see our opening slide? >> president cohen: yes. >> great. so i'd just like to really start by thatting president cohen and the entire commission for inviting me to be here and i'd like to particularly note the role that president cohen has played not just here on the commission, but going back to her time on the board of supervisors in creating the sfran district attorney's independent investigation bureau. i believe it's a model for the state and the country when it comes to responding and investigating where necessary and appropriate prosecutoring

officer-involved shootings and other covered incidents including custody deaths and use of force and president cohen was really a driving force behind creating this. is repetitive or redundant for you. next slide, please. so a little bit of background for those who weren't involved in this creation, the independent investigation bureau goes back to 2016. so several years before i took office, it was really created out of a recommendation from the san francisco blue ribbon transparency accountability and fairness in law enforcement and i want to be really clear about the role it plays and the role it doesn't play. the reality is that we all live

in a world sadly where police don't ever use force. we all like to live in a world where police don't need to carry firearms or use force. that's not the world we live in today. and when police do use force while on duty in particular, there is a urgent and pressing need in san francisco as well as that prosecution capacity. so we have investigators and we have assistant district attorney lawyers and the unit reports directly to me as a district attorney. it's separate and firewalled off from the rest of the district attorney's office and gets notified every time there is an officer-involved shooting or other covered incident. i'll talk about what that means

a little later and we have a team of investigators and lawyers that respond 24/7/365 anywhere in san francisco. we have folks on call every single year this is a critical feature that separates from a response capacity because we're not entirely dependent on sfpd or which ever other law enforcement agency we're investigating to give us evidence. we can go gather our own evidence, do our own interviews and, you know, be involved in the key parts of the investigation. i want to be clear about what the mlu, the memo random understanding of what sfpd covers. gets notified any time there's an officer involved shooting, any time there's a death in

custody and any other use of force that results in hospitalizations and interview witnesses, we gather evidence and we take the lead on making a determination about whether criminal charges should be filed. i also want to take a moment to just emphasize what imd does not do. it's not part of the administrative investigation into whether a dgo was violated. it was not part of the investigation that dpa does about whether or not some code of conduct or dgo or other administrative violation occurred. we focus narrowly and exclusively on whether or not a crime occurred. if a crime did occur and we believe we can prove it, we file criminal charges and if a crime did not occur or we believe the evidence does not allow us to prove that a crime occurred, then we try to tell the public as quickly as

possible we believe it's critical to tell the public to tell the community when we're not filing criminal charges just as it is to file charges where appropriate. i do believe this is a critical part of trust and law enforcement and transparency and building the kind of relationship that commissioner brookter was speaking about on agenda item number three where the community is playing a proactive role in helping law enforcement build safer communities. we do not expect that we will prosecute every single time we get notified. in fact, the understanding is by definition overbroad. we want to be called out to investigate any case where there's even a possibility of criminal misconduct of criminal use of force. if we prosecute in every case, that would be a serious red

flag that our notification process is too narrow. even though there are with sfpd. over a million calls for service in 2019. only about 10,000 cases presented to my office for possible we get called off more often than the law allows us to file criminal charges. we believe when the model is successful, there should be fewer incidents and fewer call-outs. we open the existence will actually deter excessive use of force. we hope the reforms that the commissioners are over seeing will help to decrease use of force incidents. in much the same way having a

physical presence and so that's, i just want to make sure so the current memo random understanding was established in 2019 and it dictates the termings of engagement how we share investigative responsibilities. how we communicate. sfpd has its own response protocol. any time there's an officer-involved shooting. as well as continuing to maintain control of the crime

scene. so sfpd will continue to take the lead and photographs, diagrams, physical collection of evidence as well as their own internal affairs internal investigation. when we get notified, we send at least one attorney in multiple inspectors from the i.i.b. team so they can respond and so that they have a direct impression and undering of the state of evidence as a crime scene in real time. the mlu as i mentioned governs these can we go to the next

slide, please. thank you. sfd.a. investigations are fundamentally different from several investigations. so if d.p.a. handles their investigation into a complaint or use of force, as i said earlier, the real inquiry isn't whether there was an administrative violation and because it was administrative in civil rather than criminal, d.p.a. and the police department generally have the power to compel statements from an officer who may have discharged a firearm or otherwise used what's being evaluated as excessive force. the consequences from those investigations are administered. as you all are well aware, it cannot be a criminal conviction or jail or prison time. the investigations my i.i.b.

team leads are criminal. and they have at the end of them the possibility of criminal contributions and incarceration. as a result, there's a whole different series of rules, including the fact that we cannot compel an officer who's being investigated to give a statement. we can ask if they do. we often do ask that they do. sometimes they agree almost always. i think always with counsel present and i think taking whatever time they want prior to giving us statement. the other reason this is an important difference and i want to just emphasize is we need to have very clear divisions or firewalls between evidence collected by d.p.a. and evidence that my investigating team of lawyers and inspectors look at because if any of them

see evidence that was obtained through a compel and so one of the labor intensive time consuming parts of our work is often having a lawyer not part of our i.i.b. team review. we're often thousands of pages in documents and transcripts gathered by d.p.a. or other civil investigations identify which parts can be shared with the i.i.b. team and which parts are compelled and which parts have to be kept separate. this is why these investigations take a lot longer than we'd like them to take. in addition to that, i also just want to emphasize the different legal standards for a civil investigation and a criminal investigation. it's totally possible that d.p.a. will include the policy violation occur in discipline but that does not always equate to a criminal charge.

the police department policies or d.g.o.s are not governing conduct and is criminally prohibited for example. even with some overlap, in many cases is possible for d.p. a. or the commission to conclude that a civil violation occurred then a violation of d.g.o. occurred and it warrants discipline, that's a lower standard of proof than we deal with when we consider filing charges. we are always considering whether we can prove charges beyond a reasonable doubt. and, if we don't believe the evidence allows us to prove the charges, we cannot ethically file the case. again, administrative violations and discipline has a far lower standard of proof. there's a lot of other complexities about the law of

governing interrogation rights and procedures and how those procedures differ between civil and criminal law is a critical component of what we do and why what we do takes so much time. i'm happy to dig into that further if there are questions. if we can go to the next slide please, sergeant. so, again, just to emphasize, we can only file criminal charges after a complete thorough investigation, we believe there's legally sufficient admissible evidence that a crime occurreded and we have to consider all of the possible defenses. we have to consider all of the available evidence and, in those cases where we are unable to gather enough evidence to establish that a crime occurred or where the evidence indicated there was no crime committed or there was no lawful use of force, we notify the protocol and mlu, we notify the police

department and we issue a public letter indicating that we don't believe a crime can be proved or was committed. again, it's really important for the police department or the individual officers as well as kind of broader community that we tell the public as quickly as we are able to that we are closing the investigation that we did not intend to file criminal charges where that is the outcome. next slide, please. so just to give you an overview of what we're currently working on. i.i.b. currently has 26 pending investigations as well as a couple look backs at all of the investigations that were closed under the prior administration. [please stand by]

>> all of us want to make the

reforms that build the trust commissioner brookter was talking about that and they have to be investigated as a possible crime and we're safer and doing a better job building the trust that our communities need in law enforcement. that our communities need in law my office is proactive around implementing policies internally and externally at a range of different levels and i'll give you a few examples of the some of the policies we supported and implemented. i implemented a policy before my district attorney file charges in cases like resisting arrest or assault on an officer, we

review the body-worn camera footage or other evidence. when those crimes occur, we take them seriously and prosecute them. there's a history in many parts of the country with those charges being used to cover up excessive force. all too much district attorney have been implicit in covering up police use of force that is unlawful by prosecuting the victims. we don't want to be complicit. he want to prosecute cases that are righteous so we require our staff to review all evidence before making that charging decision. we know there's a long and really shameful history of officers who committed significant acts of misconduct and evading discipline by going to another jurisdiction or after having been disciplined and and getting hired in another jurisdiction. we took the lead with president

walton preventing san francisco from hiring a peace officer with a known history serious misconduct and another jurisdiction. we also have a policy of not prosecuting cases that rely on officers with prior serious misconduct. we want to make sure we're not asking the court or our san francisco juries to believe the testimony of officers with a history of racial profiling or dishonesty that undermines our conviction and our process. historically, grand jury have been an investigative tool available for the district attorney. we've only been able to convene a single grand jury since i took office because of the covid pandemic so we've been severely hampered in our ability to investigate at the state level,

to give a couple of examples, a co-sponsor of a couple of pieces of legislation that are in the space of police accountability, one is assembly bill 127 and it was originally introduced by now state senator sydney which would eliminate barriers to prosecute an officer and essentially, following through on the vision that president cohen had back inin 2016 we're not asking polie to police themselves but we have independent evaluation eliminating one of the hurdles to truly independent evaluation of whether or not it should be used and poem were harmed by police use of force and regardless of whether or not we filed crime charges or whether or not the investigation into filing criminal charges can be completed quickly. we know there are people who have been harmed, often

hospitalized or have offenses and we implemented a policy in my office which is now become a model and is in the form of senate bill 299 which would allow victims of law enforcement use of force or their families if it's a fatality, to get the full benefit of the california victim compensation board funeral, burial expenses, medical reimbursement similar to any other person who had been a victim at the hands of vile enter crimes. in addition, we're working to clear the conflict of interest. the conflict of interest at the heart of what led them through roger cohen to establish an independent investigation bureau. we know the public has to trust the integrity of our investigation and our charging decisions and for that to occur, they need to know that i am the entire chain of command making decisions whether or not to file

criminal charges is independent of the influence of our police unions. i took a pledge together with other district attorneys, collectively representing a third of the population of the state of california that we would not accept district contributions from law enforcement unions. there's a range you've ideas that we've been supported of but let's go ahead and advance to the next slide, please. we're all aware of the need to address the deeply rooted and longstanding racial disparities in a criminal-justice system and it's particularly facts as well as the outcome and an our lier and i think what we witnessed in this case, both the very clear nature of the evidence, the fact that mr. floyd was in handcuffs when the chief of

police testified against his officer made that case unique. we need to remember that we have a lot of work ahead of us to address police misconduct, racial profiling and to continue to build trust between our communities and all of us in law enforcement and i know chief as to the and his team have been working hard in this space and he inherited a department that had very serious challenges. he inherited a department that just received a scathing report from the obama justice and they implemented the reforms and we fire department to try to create tried to create political space to generate ideas for other reforms that can make san francisco safer and that can

build trust and law enforcement and that can ensure the integrity of criminal prosecutions in our hall of justice and with that i'm happy to take any questions you have president cohen or members of the commission. >> thank you for that presentation. assembly bill 127 is actually out of the assembly and been passed and is in the senate now so it's moving its way through the legislative process. it's just an update to your report. ok, so, thank you very much. it's insightful. i was wondering if you could start to again to implement, giving the commission a report or a summary of the numbers of the caseloads that you had going on with the san francisco police

department? >> more broadly? >> in terms of i.i.b. >> so as i mentioned president cohen, we have 26 open investigations and we have a number of facts we were doing. when i was campaigning for this office, the public was very focused on a number of cases, i think some of those cases motivated you to and they were resolved and the prior administration decided not to file charges. it's in process and those cases take probably a lot more time and energy both because they involved fatalities and because they have a tremendous case history and volume of information and because the i.i.b. unit did not exist back then to trying to reconstruct

investigations even though they're not counted in the 26 i mentioned is a huge amount of work and effort. this is bun of the lower volume of cases per attorney and investigators. the big part of that is because we need to be staffed to respond 24/7 and anywhere in the city and when there's a car out. it may be we go many months without an officer-involved shooting. when it happens, we to have people on call and so that requires a staffing levels that we have, as i said, 26 is the number of open investigations. >> thank you. that's actually very helpful. i would love to be able to get a snapshot once a quarter of this number that helps put our work in context and help d.p.a. put its work in context and i think

it would benefit and transparency for the public as well. >> happy to do that, president cohen. in addition to the 26 investigations there's the open cases we filed. at least three open cases and various stages of litigation so all in another five. yes, we're happy to provide you and the commission with a quarterly report updating on those details. >> perfect. let's see,. >> supervisor cohen: are you able to tell me how many numbers of officers on the brady list? do you have that number? >> i don't have it off the top of my head. we can get it for you. the list is a living document so it's updated in real time -- >> supervisor cohen: is there somewhere publicly i can access it if.

>> i don't believe it's public. partly, we're limited by the officer's bill of rights in terms of what we can share with the public in this space. i wish we could share more. frankly, with could make some state law reforms. it's not limited to sfpd. it's other agencies, we have to look at what -- >> other agencies or state wide? >> for example, c.h.p. is an agency that we handle a lot of cases from and if it's not that there's a large number of c.h.p. officers on the list. >> it's sfpd. >> exactly. exactly. and then we have a list that gets updated in real time so for example, if a court makes a finding a officer was dishonest or untruthful while testifying, that transcript would lead us to add that officer to our internal

list on the -- >> that's a good example. timely. did you see the article about what justice brier said about what of our officers. >> i did. and i had a chance to read the court's order as well. >> and is that individual on your list now? >> i can't comment on whether a specific officer is. kind of contact address in judge brier's opinion any situation where an officer has a history of documented and dishonest tee which is what the court in that opinion was alleging against the officer that's exactly the kind of thing that a, we're required under the supreme court it's not to row lion a officer.

there's two parts. the constitutional requirements and we notify the defence and any situation where we have information that would have to be provided to the defense and notified about it and and beyond that, my office policy would be a situation where there's an extreme documented use of force, racial profiling, or dishonesty and we would not call that officer as a witness to begin with. we would prove the case without them. if we're able to do so and if' not able to do so, a case to not go forward. it's so critical that the commission, that chief scott, and the civil service commission ensure we don't have officers who are committing that kind of misconduct on the front lines responding to crimes, writing reports, because god for bid, a officer lying under oath is a first respondedder. >> it goes back to my i think

it's helpful and pull a lot of our work in context so let's work together without the kinks so we can be efficient with our jobs. i'm wondering if you can tell me the number of open investigations related to sfpd. can you tell me how many cases you are work on? we don't have a corresponding m.o.u. with the sheriff department or c.h.p. that being said, because this is the expertise of that team if there's an incident that occurs involving sheriff's department that we're node fie of, iib would be the team that takes the lead and so i'll give you another concrete example. when i took office, there was a

case involving alameda sheriff's deputies and that case not being handled by the iib team but a totally separate unit and one of the things that i've done and i rebuild i.i.b. and there's been near low 100% turnover in the staff in that unit and now that team is handling all officer use of force cases even those that are not covered by the sfpd mou so they're responsible for cases involvingal a immediate da sheriff deputies and san francisco and any other highway patrol and i don't know the number off the top of my head to see how many of the current investigations are non sfpd but i would say it's three or four of the 26 and it involved other not sfpd agencies and we great you the exact numbers on that as well. >> this is my last question for my first session. i'll let someone else ask the questions and i have another section of questions.

>> i didn't answer all eight of your questions. >> you answered several of them. when you are critical thinker, more come to mind. >> that's fair. >> so, i was wondering, if you had any updates on the negotiations of the m.o.u. with sfpd related to officer-involved shootings? >> i don't have a real update for you president. i did discuss that issue with chief scott earlier today at a separate meeting and i don't want to speak for him and he is available to answer questions and my understanding is that m.o.u. is in progress and that we don't anticipate lengthy delays and we'll be able to implement in the next week or so but i don't want to speak for chief scott and i think all the details of the h.o.v. been hammered out as far as i'm concerned with chief scott and his team are concerned and now we just need to kind of finalize

the process for implementing it and that's my understanding but let chief scott correct me if i misunderstood anything from out project. >> chief. >> thank you president cohen. yeah, it has to go to me to confirm there were some revisions and luanne a preston is on that so as the d.a. said, we really don't anticipate any delays. we signed an extension that d.a. and i for 60-day extension and we expect this process to be resolved well within that time. the m.o.u. is still active based on the extension and we expect it to be done within the 60 days. >> perfect. thank you. i'm going to go back to you and i'm going open it up to my colleagues. let's see if anyone in the chat that has put their name in here. i don't see any names.

i see paul henderson's name. i'm going to go to cindy elias. >> thank you, president cohen. it's wonderful to see you here, welcome. i hope this is the first of many appearances before us. >> me too. always happy to come back when you call i'm come. >> exactly. >> i would like to take a moment because we should take a moment to really thank president cohen for her work in this area. you know, she -- like you said, she was the one that advocated for i.i.b. back in 2016 when the row form efforts weren't popular or widely accepted or even a desire to reform and she was a true leader back then and her dedication to the community and holding people accountable and being transparent i think was evident way back then so i really want to thank president

cohen for all the work that you've done for years. with the community and with just police row form and i think it often times goes unrecognized and so i do want to take a moment to thank you personally and i think on bow half of a lot of people for your work and dedication and without you, this i.i.b. unit would exist and not only did you forge, i think, the effort to make it but you found money to fund it as well. i'm uncomfortable taking all the credit but i did get it funded. >> you changed the dynamic of a police commission. i think you and supervisor safae

too many public accolades and i'll turn it back to you. i had a few questions for you. two, actually. on your slide, you discuss a little bit about it so i want to understand why it's important to have i.i.b. and most of the case that's you investigate aren't, don't lead to prosecution and the second part of the question is, why does i.i.b. staffing need staff forecast you are only actively prosecuting a few cases. >> thank you for those questions commissioner elias and the answers are really related. the cases that we handle in i.i.b. are vastly more complex for the most part than the other cases we prosecute so if police bring us an assault case or a robbery case, not only have the police already done the investigations and your typical case, right, they're writing it up and presenting it to us and

we're able to begin prosecuting that case immediately. and it's cut and dry. you use an incustody death ask there's a tremendous amount more investigation that has to be done and we have to do it and it's separate and apart and d.p.a. does or the police may do and the entire premise of i.i.b. as we discussed and as them supervisor cohen was so recognizing the need for it was to have the public be assured that the decision is being made by an agency that is independent of the police department and that is a count able to the public, right. the voters can give me a new term and that gives the public a much more direct lever of control over the decisions made. it gives them the ability to hold us accountability, far more

directly if the police are investigating themselves and we noah cross the count what happened in cases where we don't have a team wide i.i.b. handling the investigations and when the police don't present the district attorney with enough evidence to prosecute, or when the district attorney refuses to prosecute the public doesn't trust the process and it undermines safety and it undermines the integrity of all the work that we do. this unit is essential not only because the cases we prosecute, those get the headlines and they will play out on the public stage in a hall of justice, but this unit is also essential because of all the cases where we investigate and say you know what, this use of force was long. that decision is critical, both so that families of people that were killed and individuals harmed by use of force have a sense of closure, they may not

grow with the decision but they're entitled to closure and it's essential so that the officers can get on with their career and work with pride and know that they don't have this spector of criminal charges hanging over there heads. the work of investigating those cases is critical. it's critical that it be done independently and it's critical we have the staff to do those investigations and it's at the heart of why we have i.i.b. and why the caseloads are lower than some other teams that we have. our typical investigation takes well over six months and we're trying to shorten that and that's not just true for any other unit within any other office that i'm familiar with. >> that leeds me to my second question is why do these investigations take so long, especially when compared to crime cases. we had a firearm discharge review board appear before us and give us not update on several cases and they had

indicated that they were awaiting district attorney decision and so can you address why the process is taking so long versus sort of regular criminal cases. >> so, there should be no need for the department to wait on us and as i said, their internal process around administrative decisions cannot and should not wait on our criminal investigations. there's a lower standard for a civil violation and a lower standard for an administrative punishment than there is for a criminal investigation or criminal punishment and therefore, regardless of what decision we make, we cannot prosecute and this still may be there was a violation of a d.g.o. and so the department should always be able to move more quickly and making those at straight tive decisions than we can move in our criminal investigations, always. it would be very odd situation

in deed and they wait on a criminal and i say that for a number of reasons but to give one concrete example and in addition to the legal standards, the testimony or statement and can be compelled and usually is compelled for the administrative process and we can't do that. we can't do that. we have to build an investigation usually without the statement and when there's a civil investigation, which there usually is, we usually have to wait and get the benefit of director henderson's teamwork and wait until they concluded their work and their decision may inform our decision and we have to have a lawyer not part our b team do a taint report where they go thousands of pages are documents and identify parts that are direct low or derivatives of directly compelled statements and in the

administrative process and they have to call that out so the iib team doesn't get the compelled statement and it's complicated and time-consuming job and it's one that necessarily has to wait until after the administrative process is concluded and the other is expert witnesses and unlike a typical assault or firearm case where we can rely on police to investigate and provide any testimony we need, unlike those cases where you have a civilian and firearm, for example, and there's a presumption it's not going to be lawful to discharge a firearm, right. with officer involved shootings or officer use of force cases, the laws really set up the other way around and the law pre assumes an officer's use of force is lawful. so we have to overcome a hire legal standard before

prosecuting and we have to do the investigation ourselves rather than having it provided to us by sfpd in order to be able to prove these cases, in order to even know whether or not we should file the case in the first place and we general low have to consolidate expert witnesses, they may take six months or longer to give us a formal opinion. they're not as many experts available that we would like and on this area in this space of use of force and by law enforcement and it's slowing us down more than we like. as i said, the pace with which we have announced our decisions has increased since i took office and since this m.o.u. went into effect and i hope and anticipate it would be able to continue accelerate the decision-making process, when the superior court allowed us to regularly convene grand juries,

one of the key tools we have, not just for officer-involved cases but for any case, is a grand jury and that is how we can subpoena a witness and compel them to provide testimony if they're not the subject and how we can obtain document that's been provided for us and that's how we secure an indictment against a individual whether an officer or civilian and we've not really had the benefit of grand jurors except for once and during my tenure and that's another fact for that has slowed us down and i hope they're going forward they'll convene them every time we have an investigation and so we can move that investigation forward. >> on one of the officer-involved shootings it's a 2017 incident it's saying that the district attorney is not representeddered a decision and you are saying that the sfpd could in fact go forward with

the findings whether or not this shooting was in policy or out of policy separate from your criminal investigation? >> lawsuitly. i can't fathom whether something was in or out of policy would have to depend on a decision made in a criminal investigation. certainly, if we file criminal charges, it might well suggest that the shooting was out of policy but it's possible that there are shootings in policy that are still criminal acts in theory and the inverse is true. you could have a shooting out of policy that does not amount to a crime. and so, really, if you think about the order of operations, the determination about whether something was in policy or not can be made much more quickly than a criminal decision and both because it's a lower standard, it's easier to establish a violation of policy and there are enhanced tools

like compelling a statement so i'm shocked to hear that anyone would suggest an administrative proceeding or decision-making process has to wait for a criminal proceedings to go forward. >> thank you, you mentioned 96-a report and i would invite you, as i have other members of the community as well as d.p.h., to provide us solutions to the racial disparities outlined in the 96-a and the ripa report so that's an open invitation and i will yield my time to my colleagues. thank you so much. >> thank you, commissioner. >> thank you. i want to recognize paul henderson now. >> thank you. i want to stomp on the love fest for president cohen for bring you here district attorney buedane, it's really important,

the information we've shared and we got tonight about the number of pending investigations and the number of open criminal cases and the reference to the numbers for the brady list and in terms of defining transparency and accountability, this is the information that has been missing for so long to give context to the work that's done both at internal affairs and from d.p.a. as well and so i'm really happy to have that will information so much so that when you are able to get those firm numbers i want to conflate and wrap that information into what i will put on the d.p.a. website along the rest of my own disclosures of the similar work that we're doing. the other thing i wanted to plant or to talk about briefly was the opportunity, i know you guys finished the m.o.u. with the police department, but it now is probably a good time to

come back and update the m.o.u. that d.p.a. has with the district attorney attorney office as well to address some of the changes that have been made with the i.a.b. and the district attorney's office and taking lead with officer-involved shootings and so, i want to increase the efficiency and thank you for sharing the numbers that you showed up with today to present to the commission tonight. >> thank you director anderson. >> commission brookter. >> i also echo thanking president cohen for bringing you here and it's good to see you and i look forward to hearing from you in the future as well too and i just had two questions, two parts, and the other one is just food for

thought but, i know you sid right now, there's 26 open cases and you talked about the number of cases so i wanted to know if you have the number on the book-back cases and then the second question is just more around, you know, we get an opportunity to speak with chief and get an opportunity to spend time with director henderson ex just wanted to get your opinion, your thoughts after being in office and what do you think there might be -- were there opportunities, right, for improvements in terms of the system so i think it's safe to say in terms of my colleagues and we're also pushing forward reforms for the police department and reforming systems as well too and so, one of the things we look at are the systems we use and how we communicate and you brought up a couple, so the m.o.u. is there and president cohen bringing this platform to be able to express numbers and it's another

actually breathing some more life into i.i.b. is another but i just wanted to get your thoughts around opportunities for improving the system that we currently have as well to work together. >> thank you for that. to answer the first question, i believe there are four look backs that are still being inducted and over in the cases of mario woods, alex, louise. i believe those are the ones involved in a look-book or fourth review and as far as the second part of the question commissioner, i think there's a lot of rom for improvement and you know, it really starts with the work that we're all doing trying to reduce opportunities of force in the first place, right. and we know that is officer safety issue. they use force when they themselves are in danger or feel

in danger or another person is in danger. and to the extent we can deescalate to the -- we can take police out of the line and we'll all be safer and we know that a number of high-profile use of force around the country as well as in san francisco have involved police officers and it's a situation where someone who severely mentally ill and police deal with that all day everyday, to the extent we can follow the cahoots model out of eugene, oregon which thankfully that san francisco is beginning to do. we'll both better use our limited law enforcement resource and avoid situations where someone gets injured at the hands of the police and they will investigate it so, my hope is that we can continue to row lion and expand a first response team that can handle the volume

of calls for people who are unhoused and people who are using substances and who suffer rather than having our police officers who, i know they have issues with the residents and bug lar he's and with firearms and we want them to respond to clearance rates and response times to and all of these other calls are a distraction and a distraction that comes at a high cost and when they escalate and so that's an area where we can use work and use support from the police commission to ensure that our police resources are really focused on violent crimes in progress or investigating other criminal acts that we expect to be prosecuted, not serving as a first line of response to the public-health

crisis. >> thank you for that. thank you for the look that cases as well too. we did get some phone calls for members of the public at the beginning of the meeting and we're asking about the mario woods case and the fact we're taking that second look. >> i'm sorry to interrupt. i also mention the alex nieto case, that's also one of the cases. >> that's appreciated. >> thank you, president cohen. >> all right. ok. did i get everyone? why see any other names so i'm going to go back to my questions. so, question, does your office have a formal or informal deadline for completing investigations into officer-involved shootings? >> as soon as possible. >> ok, that's is good. are you meeting that? >> like i said, i wish we could go faster we need grand jurors and you can reach out to the

court and encourage them to convene grand juries. let me give you a hypothetical situation. there's an officer use of force involving a firearm that gets discharged. that officer on discharge the firearm tells us they will not give us a statement. their partners tell us they will not give us a statement. in order for us to complete our investigation, it will be to supervisor the officers and have them give statements to the grand jury. we have not been able to do that. we haven't been able to that except in november when we had one grand jury. that's the only time the superior court and the district attorney said to work with the grand jury and again it's because the covid crisis and the limitations but it's a major obstacle and our ability to move quickly. the other factor to answer your question more precisely,

president cohen, that drives our decision-making and we hope it doesn't come to this but in many cases, i inherited and we're up against the statute of limitations deadlines. in the case, at this point this time, the only possible charge that wouldn't have already had the statue round possible murder. any other less serious charge whether it's manslaughter, discharge of a firearm, unlawful use of english you tive force, any of the other charges that we might otherwise have considered from day one, no longer exist. they no longer exist because the statute of limitations is passed. it's a real fang or in some of these cases and it's several possible charges the statute of limitations has already burped. it's my goal going forward that no case that is commenced under my leadership will ever get to

the point and we have not made a public decision but with the cases i inherited it's a driving force and it's still a real time limit that we're up against. >> sorry, can you hear me. >> you were freezing. >> i know, i had to plug my computer back up because i was dying. so, although it sounded luke a really thoughtful, long answer, i didn't hear it but i still can go back and hear it and get it from my colleagues. >> very briefly i say we need a grand jury to move faster and we are up against statute of limitations deadlines in some of the older cases and also moving

forward we'll never be in a position where we're up against the statute of limitations deadline before we make a public decision. >> do you think a letter from the police commission urging superior court to convene as judge a grand jury would be helpful or was a scoff at a later saying we need to stay in our lanes. i don't know how well received that would be. to legal scholars on the call, i would love to hair your thoughts. commissioner burn and let me know what you know about the superior court. >> president cohen, the pity the person that scoffs at you, i can't imagine they will do that but i will defer to your legal colleagues about whether it's an appropriate exercise of the commission's discretion. >> fair enough. fair enough. >> it wouldn't hurt. >> and it would make a record.

>> ok, that's good. there is one person, my husband, he scoffs all the time. [laughter] i'll stay out of that one. i'm staying out of that one. >> it keeps me humble. so, this is an interesting question, i would love to hear your answer. it's honest, ok. i would love for you to describe the levels of cooperation regarding investigations of officer-involved shootings between the san francisco police department, between the department of police accountability and between the district attorney's office. i want to know about the levels of cooperation and if there are none, if there's any dysfunction i would love for you to describe it to me and maybe there's a way that we can work to relax some of that. >> i think that all of us are trying to do our jobs and to do our jobs we need to get more information and so i'm sure that

the police department would love to see all of our files. i'm sure we will see all of their i.a. files. the department of police accountability would like to see both files and we'd like to see them in real time. i'm sure you can us, we'll tell you we'd love to have more information sooner. that being said, i think there's a good repour and good channel of communication open and i think the m.o.u. is a step in the right direction and in terms of it's only been in place two years and so, that's a major change compared to how most of the cases that is in the public's mind in san francisco occurred. so, it's just two years ago we implemented a first m.o.u. between i.i.b. and sfpd. i think that m.o.u., there's room for improvement and we made the changes that it needs. i hope we can get it implemented

and it will be an iterative process and we'll go on it. i know director henderson would like to revisit and renew and improve the m.o.u. between d.p.a. and my office as well. we're always open to looking at our cooperation agreement and finding ways to improve them. i will say that we all have our perspective on this and so, it may be that the police want our files and we say that is not appropriate for us to share at this point in the investigation or vice versa. we would love to see some of the compelled statements that paul is able to obtain but we're not allowed to see them. if we lock at them it ruins our investigation. those things, some of which are legal, our administrative rules we can't navigate or negotiate our way around are real barriers

and i think just a little thing we'd love to be notified sooner when there's a o.i.s. and i know i heard all of you talking about the notification system and it doesn't always work apparently and i know there's some cases where my team doesn't get notified until what seems like several hours after the incident and that is not within the heart of the m.o.u. and it's not in the spirit of the bureau that you helped create, president cohen, we're supposed to be there as soon as it happens and we have people on call 24/7. i have done on call shift to give my staff vacation over thanksgiving and christmas and i was personally the lawyer on call for our office, had there been a covered incident i would have received a note indication and gone out tote scene and we have someone 24/7 by their phone and ready to pick up and go and the sooner we get the notification, the sooner we can

begin do our job to investigation. that's an area and this is a work in progress and there's a lot of things that have to happen at the scene of o.i.s. and the police department is working in good faith to improve our communication in that area. >> all right. so here is a headline in the newspaper. meghan cassidy wrote an article today, this is in the chronicle and the headline was, suspect in killings was arrested, released on firearm charge weeks ago and earlier in the commission hearing, the chief was reporting back to us statistics and he talked about the shooting that happened in potrero hills. the suspect in custody you released? does that sound accurate?

>> i'm not going to comment on any open murder investigation while the police are trying to make an arrest. i can tell you in the prior incident, we asked for d.n.a. and we never got them from the police. we regularly wait weeks and months to get d.n.a. test results when it comes to firearms and d.n.a. is a critical element. in any possession of eye firearm case or discharge of a firearm case if the police don't make an arrest while the gun is on the suspect's person, if they're not holding it or carrying it, if they're not eyewitnesses who see them discharge it, we need prints, or d.n.a. to show that the person charged with a crime, was the person who touched the gun and we have gun powder on the and somewhere on the firearm or more often their d.n.a. is on

the firearm and if we don't have that evidence, we can't prosecute. we can't do it. we have a two-day window from the time an arrest was made to when we have to file criminal charges or not. and it usually takes us upwards of a month to get the d.n.a. results we need so there's often cases and they lag between when police made that first arrest and we're making a charging decision to go forward with the case and that's tragically what happened in this instance. >> so more information. >> let me get you my second set of notes. >> can i follow-up on that? so, why is the turn around time so long in terms of obtaining forensic evidence like the d.n.a., fingerprints and gunshot residue? >> it's an important question,

commissioner elias, i want to follow-up and explain about the particulars of that prior arrest president cohen was asking about as well so depending on the facts of a case we may be able to perceived and the initial arrest report and they found in someone's waistband or if they admit it's their firearm when they're being questioned those are the facts that allow us to file a firearm case. in the particular case of commissioner cohen was asking ag about, we have reason to believe the suspect was involved in two separate murders last weekend, we have the opposite. we have person who was arrested in a car that did not belong to him. he did not match the race of the suspect reported to the police in the prior incident. there was nothing tying him to the gun found in the back of the car other than the fact he was in the car. that's not enough for us to be

able to prosecute a case successfully. we have a 48 hour window from the time the arrest is made and when we get the police report we have less than 24 hours to make a charging decision. the lawyer who handled that particular case has been in the office and well over 25 years most of the lawyers making these charging decisions have been in the office more than 25 years and they know exactly what is needed to be able to successfully prosecute a case and when at the node more, there's a form that they fill out and a written communication that they provide the sfpd, specifying exactly what they need and why. in this case, what happened was, and this gets to the heart of your question about the timeline, commissioner elias, they wrote it down and provided to the lead inspector and we

wait. we have a list of over this is something that i discussed with chief scott and this is, my understanding, i invite him to weigh in but my understanding is the inspectors who is in charge of investigating a particular case, makes a request and they make a request from my lawyer saying we need more evidence. they make a request of the crime lab to conduct specific tests, the crime lab conducts those tests, tells the inspector, the inspector then pro voids my assistant district attorney with the results. i'm told that the police crime

lab has no backlog for d.n.a. tests and it takes them about two weeks from the time they get the request. i don't know, i have no way of knowing, when one my lawyers said we need d.n.a. as happened in this case if the request gets them and i don't know if they're on vacation or checking their e-mail and i don't know where it's very rare to get d.n.a. results faster than six weeks and often we do get them at all. >> what can we do to speed up prosecuting cases? this is not making sense? >> in an ideal world we will get d.n.a. results during that 48-hour period. assume we have someone who is armed and dangerous, assume that we have legitimate serious public safety concerns about

them being released from custody. there's no lawful or ethical way that my office can hold them and file charges that might hold them. again, the release decision is always going to be up to the judge. there's no way we can lawfully file charges that could result in their detention unless they have critical evidence like d.n.a. and fingerprints. i share your question, commission elias, it's one i raised with the command staff earlier today in our meeting. two weeks, which is what i understand the usual turn around time is, it really is not fast enough when the law only allows us 48 hours. and as i said, we're not really seeing turn around in two weeks, because of the number of different people involved. we don't have the ability to directly request testing be done by the crime lab, we have to go through the inspectors who projects the case to us. i don't know enough not about the technology to know if it's possible for any lab to turn around these kind of results

within 48 hours. that's the ideal and what would allow us to prevent the kind of tragedies that occurred over the weekend. >> was there any resolution regarding your conversation with the command staff regarding this issue? >> no specific resolution. i mean, we were told that their turn around is two weeks and there was no backlog and that was a surprise to me and my staff. in terms of next steps, we're provide a full list as i said, of 100 cases and we've asked for d.n.a. or other forensic follow-up and we've not received it. that's the next step in terms of the follow-up that i'm aware of. i want to make space for chief scott. >> i'd like to hear chief scott's response as well. >> thank you, commissioners. so, yeah, our turn around time is about two weeks. and the d.a. is talking about we did discuss that today so we're looking forward to getting the list and seeing what the issue was on those particular cases.

this is the conversation that actually started, i believe shortly after d.a. took office about how we can get better in terms of working these cases, particularly gun related cases that have been sent out for further investigation and they put measures in place on our side to try to shore that up and end the discussion today and based on that discussion, i think there's still some work to do so at this point we'll get the list from the d.a. and follow-up and see exactly what if anything is the issue with these cases. because, we do -- it's true, we have no backlog and we will follow-up on the list and these are things, because we meet every month, with our management teams, that we need things

raised, we are pretty good about being responsive and we will on this. so, we'll see what the list says and we'll move forward. >> what about this case, though, chief? if there's a two-week turn around and no backlog, what was the problem? >> this issue, it was raised to me today, commissioners, so i'll get to the bottom of what the facts are in this case. we just discussed it at 2:00 at our meeting. so i don't have anything to report to you at this time. we definitely will follow-up and see what the turn around and when the reports are made and all those things. >> perhaps we can agenized this for a later date in terms of the next steps so these incidents do happen again. >> of course, i'm sure you will remind me and phil will rewind me. >> maybe we need to bring someone from the crime lab to

talk about how d.n.a. gets tested and processed. >> president cohen, just to add one other thing, if the commission looks into this, exploring whether or not these d.n.a. test results can be faster than two weeks is a good live inquiry. i would also -- i know chief scott and i are going to look into explorer -- what is the turn around time when we make that request and the request gets submitted to the crime lab. my guess is, if in fact it's a two-week turn around from the crime lab, which i believe and a case like this one where the arrest was in april, the initial arrest was in april i know we sent out the request and the day it was in 48 hours. we're on a tight timeline. my guess is they're a big delay or some of these requests that we put no to the inspectors were never making it the crime lab at all. [please stand by]

>> not quite online yet. it will be online at the end of fall. >> i think you talked about it

earlier, the notification thing. i think we're getting resolution. so in terms of this timeline, i think the timeline is really important both in your shop and department shop in terms of the arrest and then absolutely for the d.p.a. pathway for the accountability too. the chief said he's going to get back to us and let us know when he's got that solution. the other thing i wanted to point out because i think it will be helpful for everyone because the mlus are public after they come out. people will be able to see the efficiencies that you've built into the system which is again why i want to amend some for our offices as well. the department needs to share their evidence with d.p.a. and

i.i.b. because of their charter obligation. that's really important. so all of these things slow down the process and make, you know, this is sort of in the weeds, but it's one of the things or some of the things that the public is really adament about and we all fix. which is why we're having this conversation and the way that we're having this and hopefully some of these things are going to provide the solutions. >> so if i could just clarify what director henderson said just for the public, when these call-outs occur, the first thing is when the notifications are made or if they're not working properly, we get

called. if it's not working properly, it's a manual dial. and routinely, if the system is down, we know pretty quickly and we manually make those calls. that's directed on the calls and we manually make the calls. i'm not going to say it never happens but it usually happens well within the hour. we know pretty quickly whether or not we have glitches in our system. as far as the cooperation, i mean, the beauty of the configuration now is that we're all for the public, we do a briefing everybody's there, everybody knows what's going on. the d.a.'s office. the witnesses are all there. we all have an opportunity to listen in, where appropriate on the interviews. so i don't want to leave this meeting with the impression that information is not being shared because i think we do a pretty good job of that. so i want to make sure we're

clear on that that things are actually going pretty well and it's been a work in process. that was part of the assessment from the d.o.j. and we have done that. i know because i'm at every one of them both on the calls and at the scene. so these things are happening as the davment said, there's always room for improvement and as we get further into this i want to assure the public we're doing pretty well on that. >> president cohen: thank you for clearing that up and the other thing is i just want to be sensitive. i think it's unfair on the feat of the police department i think we can have an investigation and work to figure out where the backlog is

and we can help change that backlog or the system as it relates to the police department fairly easily. so i want to thank you for coming to talk to us. i literally have probably about four more questions, but i'm going to let them go and save it for next time when you come back. >> vice president elias: you have an open invitation. >> i'll come back. just let me know. chief scott and i talk about it all the time. like you said, we're both working diligently to try to solve these problems and, you know, we deal with thousands of cases and every time something goes wrong, it gives us an opportunity to try to do better next time. we welcome your help and we welcome your questions. thank you for your work and i'll see you next time. >> president cohen: before you go, a parting question. one last 1 for the road. you know, work in sacramento

and on the state level, so i have to ask this question about assembly bill. into a place responsibility for investigating officer-involved shootings that resulted in death on state investigator and beginning in july. how are you planning to turn responsibility for these cases over to the california department of justice and does this change how you think about the responsibilities of i.i.b.? >> it's a really good question. it's one that deserves time and i'm happy to take as much time as you all have. but the short version i'll try to be concise here is until that bill is supported, it's not going to take effect and i say that not just to be technical or a lawyer about it, it speaks i. to i.i.b..

it takes very substantial resources to have a 24/7 response capacity even just within the 49 square miles of san francisco. you try to make that statewide, think about the resources that are going to be involved whether it's the attorney general or whatever it is to respond to an officer discharge of a firearm in shasta county, maybe that same day down in yuma county and later that night in imperial county. it's going to require a tremendous staffing level and not just in sacramento and san francisco. they have to have people literally across the state literally on call or getting paid to be on call. i think it's a long way off from being implemented and that's really my concern. san francisco, you know, is a small city, it's a small county. so we have the ability to get to the scene of o.i.s. very quickly. you know, as soon as one's

notified. usually, the system works well. if we get notified, within minutes, we have people on the way to the scene and within minutes after that, they arrive on the scene. this is the scale of the model you help built, there are a ton of obstacles and i don't think they're thought out and that won't be solved until and unless the state is serious about fund interesting and right now there's no appropriations. >> president cohen: understood. thank you very much for your time. you've been very generous. we're going to let you go and we're going to keep moving forward. >> thank you all. >> president cohen: all right. sergeant youngblood, are you still with me? there you are. good to see you. let's do a time check. it's 8:09. about 8:10. how are you guys feeling? do we need a 5-minute break?

communicate with me. >> can we take public comment and then take 5 minutes. >> president cohen: that's a great idea. let's take public comment and then take 5 minutes. >> clerk: for members of the public that would like to make public comment please press star 3 now. good evening, caller. you have two minutes. >> hello. the district attorney said he would be happy to answer any of the public's questions except you dismissed him before public comment. so that didn't work out so well. my comments are that the d.a.'s office should be called immediately and that has to be written in to the mlu, that has to be there.

if there's a crime scene, there's no reason why the d.a. should not be notified immediately, also the d.a. test can happen much faster and these agreements need to be made firmly and clearly and i also want to say i'm very sad that jessica williams isn't one of the cases that the d.a.'s office is looking back on because, once again, a black woman, pregnant, by the way, is not one of the things being investigated. it was so egregious at the time that that is finally made chief surrender resigned. i'm very upset you forgot about public comment. you didn't think of us. you didn't let us have the response of the district attorney and that's kind of appalling, frankly. thank you. >> clerk: thank you, caller. good evening, caller. you have two minutes. >> good evening, commissioners.

this is gloria barry, i'm calling in to thank president cohen and the rest of the commissioners for inviting the district attorney tonight. i learned a lot and really interesting information especially in regards to the crime lab and the backlog versus the no backlog issues so thank you and have a good evening. >> clerk: thank you, caller. good evening, caller. you have two minutes. >> hi. my name is paul and i wanted to call in as a constituent and thank the district attorney for coming and presenting tonight about the communication back and forth between his office and police and i think it's an important issue to be addressed. thank you. >> clerk: thank you, caller. president cohen, it appears that is the end of public

comment. >> president cohen: okay. great. let's resume at 8:20. th . >> president cohen: commissioner yee and the chief will join us shortly. sergeant, can you please call the next items. >> clerk: yes, ma'am. >> president cohen: thank you. >> clerk: line item 5 has been pulled. line item 6. update regarding the firearm discharge review board 1st quarter update. >> good evening president cohen, vice president elias, members of the commission, director henderson. this will be what i hope is a very short presentation but i'll remain available for

questions about slides that have been provided to you should you have any questions about them. let me bring up my presentation real quick. thank you, sergeant youngblood. okay. can you all see my screen? >> question. >> excellent. as i mentioned, i'll jump in to slide two here. just as a reminder, this is our new presentation format and this is just the steps in the process for d.g.o. review and i'm not going to hit everything that's in every step tonight. what i will do is provide you a quick high level summary and point out a few key things that are relevant for the commission and helpful for the commission and as i mentioned, you all have the full list of everything that we are working on such that you can follow up

with any questions or you can review those at your leisure. and, with that, the work performed in quarter 1, really, this is a summary, this slide really shows the first step after drafting a dgo, we meet with dpa to discuss a number of dgos and dpa was in receipt of five of them for review meaning we sent over five for review in the first quarter the next step after draft the dpa and subject matter experts have worked on is concurrence and we held four

meetings in quarter one with six dgos reviewed. three were seen for further revision and then we moved back to the second meeting with dpa in which they get to look at a draft and dpa requested one meeting during that time period. and then, as you all fully know, after we've resolved any further discussions with dpa, we then send that document on to the commission. >> executive director mcgire. >> yes. >> i'm sorry, but i had read line item 6 which is the review board, but i believe we're online item 7. so i can -- if you would like me. president cohen, would you like me to read out line item 7 and go back to line item 6.

>> president cohen: yes. >> clerk: sparks report first quarter 2021 discussion. >> my apologies, sergeant. my apologies, president cohen. >> president cohen: no problem. >> all right. so nevertheless, i am going to jump now to slide 16 in which we discuss the dgo16, 17, and 18 represent the dgos that will be coming to the commission soonest and so and with slide 18 really in that final stage, the final stages and potentially even already up for review. so then i'm jumping to slide 22 which shows the policies that

were issued in quarter one of 2021. department bulletins and notices, general orders and manuals. we did issue three general orders in the first quarter. 1.08 community policing. 5.01 use of force. 11 intervention and resource program and issued a manual as well. and, with that, i am actually, there is i think the purpose of this whole presentation really is to talk through those issues that we discussed with dpa and so i'm going to defer to sharon woo here on sort of talking through the dgos that we really worked on in the first quarter. >> thanks, kathryn. president cohen, vice president elias, commissioners, chief scott, the executive director

henderson, good evening. i'll be brief. i apologize for not having a visual presentation and that my only excuse was i did not realize that sparks was on until monday and by that time, it was too late to file something and then i completely apologize, but i will work closer with phil to find out what's on the agenda sooner than it is. so i apologize for that. but kathryn and i had been talking about doing a joint presentation any because it's really sort of boring and so what i thought i'd talk about more are a couple of the dgos that worked this quarter that i think are the highlights and evidence to collaboration and some adversary as well through the process which i think is healthy in this process. one was of course 6.09 which the commission went to meet and confer which i understand has just come out of meet and confer which is the domestic

violence dgo and manual which is huge by the working group, the dpa and then the department as well of creating a revised dgo and a manual for patrol officers arriving on the scene. the evidence as they collect is vital to successful prosecution and to the safety of the victims in domestic violence incidents. and the creation of a checklist which is really done with the working group so that, at hand, when they arrive at a scene, a patrol officer can look at all of the different things that they need to check off to ensure that they are creating a safe scene and collecting evidence appropriately in domestic violence cases. and so that's one of the things that i think we worked really closely on and we had multiple sparks meetings to get the language right. i am hopeful that nothing really changed too much coming out of meet and confer and that

i'm very interested to see the changes that were made. we also worked very closely on 5.16 which is a dgo and that's the search warrant dgo, a dgo that has not been updated since 1997 although search warrant law as most of you know has changed dramatically since then and the way that that's collaboration worked, i think is really a good evidence of how we can work together both collaboratively and also challenging ourselves. we met independently which is not really the sparks model. it's a little bit rigid, the model that we are working under now, but in 5.16, the smes met directly with dpa and we went over, we had 18 recommendations on the search warrant dgo and

we worked through each and every one of them creating language that we could actually agree on that was that evidenced the law, evidenced the intent the dpa felt was needed throughout that dgo but also working with the department on language they felt was clear and con size for their members. we met three separate times and we're able to really work out our issues and come to agreement and i think that that's a huge step in the right direction. and the smes who were carol lacey and jim ahern and janel hayward from dpa, the four of us i think really challenged each other on the appropriate language and the appropriate areas that needed significant attention to that dgo and i'm hoping that that becomes a better model in the future that

it isn't a i'm going to give you a recommendation grid. i'm going to get a response that has no real explanation other than i don't want it to be part of that dgo and i think that type of communication is incredibly important. so for quarter one as kathryn has shown on her slides, we worked on a number of dgos both offering recommendations, i believe we offered recommendations on six or seven and we waved sparks on many of them as well because we were able to have this collaborative communication, but those were the highlights i think for dpa and i think coming away from that is the idea that we have the ability to sit down and collaborate well and i think it's more efficient and more collective and hoping it will take some time off this process. >> president cohen: all right. thank you very much. let me see if there's any

questions. colleagues? commissioner elias, is there anything you'd like to ask? >> vice president elias: no i'm good thank you. >> i was going to say the quarterly report is also. >> so i can tell you that we have been working with the members of the police department which i know that the commission has done a lot of work on and i think that we made really big strides there. i believe it's with the chief now to hopefully get to vice president elias by the end of the week some time. we were all on a pretty tight time frame, but we were able to

sit down and i think we were able to work out a lot of issues that i think hold up the process and so hopefully that will be something that the commission looks at, offers additional recommendations on how we can be more efficient and something that will pass. >> president cohen: so how did you make a decision on how to issue a department bulletin versus a department notice and what's the difference? >> i'm maybe not the best person to ask and d.p.a. does not have much interaction, but i will say that in the most recent version that i saw of the chief update and revision of 3.01, that difference will be much less, i think. i don't want to preview what it is, but i think that they've taken away some of those

differences and be used to amend the dgo, that doesn't exist anymore. >> president cohen: i'd like to look at the working group status. so there's 3.10. 7.01 and 8.10. any updates on those three? >> so i think we luckily have a few folks on the call who can hopefully speak to some of those, but i'll refer to the chief to reference those folks. >> president cohen: high level update of these dgos.

that's all. >> yeah. so the 3.one is the one that is definitely in process. >> president cohen: hold on. i meant 3.10. >> oh, 3.10 is in dpa has weighed in and, commissioner, i don't know where commissioner elias is on her end but she has given us some suggestions as well. we have that now, we need to bring all that together and that process is in the works. >> president cohen: okay. >> and, as far as 7.one, which was the juvenile one, that's an active work group and community members and stakeholders in that one from our side. my understanding is that's going well. i know i have a monthly meeting

with the chief on probation, katie miller and she has one of her folks assigned to that as well. my understanding is that is going well. if you're asking for a specific time line, i'll have to follow up with you on that. what was the other one? >> the other one was also 8.10. >> yeah. let me pull up what 8.10 is. >> first amendment, chief. >> oh, that one i think is going to need some work. of course, first amendment, there's been several interrations of that in the last couple years, but that one is going to need a lot of work. there were some issues that were raised by your predecessor that we're still working on before he left the commission and that would be all of this this past year, but it's a work

in progress and that would also require a work group and i think the work group has had some moving parts. people are coming on, but we need to get that back on track to get it in front of the commission. but it does need a lot of work. >> president cohen: okay. what about 7.one? >> that's the one i just mentioned with the juvenile. that one is going well. >> president cohen: 7.four? >> 7.04? >> children and parents. >> president cohen: yeah. it's still related. you're muted, chief. >> my understanding is that one's going well also. a lot of the juvenile, as much as we can do this to be efficient, some of these things we're there's an intention to

bundle them up. we have to change one policy, we have to change several. with the juvenile policies, we're really taking that type of approach. when we change one, we want to be thoughtful that we also address conflict that we actually called out to make sure we don't create conflicts with our conflict schedule. with the juvenile policies, we're taking care of that so we don't have any conflicting language so it takes a bit longer. >> president cohen: all right. thank you very much. let's go ahead and take public comment. >> clerk: for members of the public that would like to make public comment regarding line item 7 presentation of the sparks report please press star

3 now. good evening, caller. you have two minutes. >> with all do respect for the last presentation, this is madra alman again. i'm a little surprised to my comment when the district attorney said he was happy to respond to public comments and questions i listened to the entire hearing expecting that to happen and it wasn't even mentioned and if sergeant youngblood had not mentioned public comment, it doesn't seem it would have happened at all. especially, commissioner elias, i would have expected you to respond. it's surprising that no one seemed to care about what the public had to say about the d.a.'s presentation. would somebody like to respond to that now?

hello? >> president cohen: public comment is time for you to give comment. we don't think it's policy to respond to public comment. >> but you can respond. >> president cohen: and we're choosing not to. >> that's great. some great respect for the public that you don't care about what we say or remember to ask us what we had to say. excellent. well done. >> president cohen: you're welcome. next caller. >> clerk: president cohen, that is the end of public comment. >> president cohen: great. thank you. let's keep moving forward. next item. >> clerk: next item is going back to line item 6, update regarding firearm discharge review board 1st quarter 2021

report. >> this is commander o'sullivan, can you hear me? >> yes, sir. >> good evening president cohen, vice president elias, director henderson, members of the public. i am the commander and i will note for purposes of this presentation, part of my duties involve overseeing the internal affairs division and detail. >> president cohen: we can hear you laughing, mute yourself. sorry o'sullivan, i'm sure it's not related to your presentation. >> it'd be okay if it was. so i'm here tonight to give an update to the firearms in custody that was presented by deputy chief gregory back in the middle of april and my understanding is that one or

more of the commissioners actually, i viewed that presentation so i know that several of the commissioners wanted an update with regards to the status of the outstanding investigations. stacy, if you would advance to the next slide and one more slide, please. so i'll preface my remarks with especially in light of the conversation that took place with the d.a. with regards to the timelines investigations as they relate to officer-involved shootings and custody deaths and i would say that we were under the collaborative reform initiative report several of the use of force recommendations directly related to how the department investigates officer-involved shootings as well as the timelines for those investigations. we have several or a handful rather of recommendations that

speak to the timeline of the investigations. we've in response to those recommendations, we've created procedures within the internal affairs division which again is under the umbrella of the risk management office which mandate that irregardless of the status of the criminal investigation which mr. boudine spoke to, we are advancing our administrative investigation. one of the findings specifically spoke to this, that the department and light of the fact that the criminal investigations could take quite some time and i will say that more recently, decisions have been made more quickly than in the past. but in light of the fact that sometimes these investigations on the criminal side can take up to two or more years that it is prudent for the department to move forward with the administrative investigation meaning that we make that

presentation to the firearms discharge review board. so, with that, i would like to go through each of the outstanding officer-involved shootings as well as the in-custody deaths and then take your questions, of course. i will do this in a chronological manner. so the first outstanding officer-involved shooting is from 2017, january of 2017 and this happened capital avenue in the taravale district. the subject in this case is mr. moore. you can see from the slide here that the district attorney has not rendered a decision as to whether or not he intends to file charges. so the investigation status is -- let me back up. there are a handful of reasons for an administrative

investigation. generally speaking, the department has one year to complete an administrative investigation once a member within the department has a responsibility to initiate an investigation or learn from the misconduct rather, we have one year from that date. now, what tolls that particular date, one of those tolling provisions is if there's an outstanding criminal investigation regarding, providing overview of what the internal affairs division does. so with the criminal investigation still outstanding as is the case for the second one from 2017, those are tolling. that being said, we are moving forward with those investigations and we intend to have the administrative investigation in front of the firearm discharge review board this calendar year. moving on to officer-involved

shooting 18-002 this occurred in the mission district. the district attorney's office did dlien to file charges. we received what's called a declination letter. we then have a year to conduct our administration which would we do have an active investigation making its way through my office and it will be presented at the third quarter fdrb meeting. the third quarter as we know but i just want to point it out, we're going to conclude the second quarter next month. this will be presented in july or august.

more likely in july. the second of the two outstanding, actually, it's not an outstanding case, this occurred on the evening that the golden state warriors won one of their mini championships. this is up in the central district. there was a declination this is administrative investigations. that being said, that particular case was presented to the fdrb in the first quarter of this year and the case was moved forward and it is with chief scott and he has reviewed it. our fifth of the nine, actually the ten cases, i'll speak to the ten which is the most recent. the fifth outstanding officer involved shooting is out of county. you can see it occurred in el

cirrito. which again, gives us a year. our 3304 date is july 17th of this year. this case will be presented to the board this friday may 21st. i was originally scheduled to be heard the first week of may. there was a scheduling conflict. but, again, it is scheduled to be heard on may 21st. the second of the 2019 shootings occurred december 7th, 2019. this is the case that involved jamaica hampton. as we know, there were charges that were brought against one of the officers meaning that there was an act of criminal and administrative investigation. this is a case that will be presented and will make its way to fdrb this calendar year. getting in to the more recent cases, the most recent cases that occurred last calendar

year. this was from 540 jones street. this was an officer-involved shooting that occurred at 540 jones street which is a residential hotel. the suspect in this case later fled and there was a rather lengthy stand-off. that particular case the district attorney declined to file charges. our investigation is making its way again through my chain of command and this will also be presented in the third quarter of this calendar year. otis and brady street, in this case, we received a letter and this case also will be presented in the third quarter. so in july or august of this year. the nineth and final case on this slide is the final

officer-involved shooting of the calendar year 2020. there is an outstanding criminal investigation at this time as well as an administrative investigation. and the tenth officer-involved shooting which is not included on the slide, but it is the most recent one that occurred on friday, may the 7th, that occurred south of market street. so as that is coming up on two weeks, obviously there are outstanding and administrative and criminal investigations. so, all told of the nine, we'll include the more recent of the ten. there are of those ten, there are five criminal pending criminal investigations. that being said as i said at the beginning of my remarks. the department now has a policy that we're going to move forward with our administration going forward with the length of time that the criminal investigation takes.

okay. sergeant youngblood, if you would advance the next slide. this slide speaks to our opening custody death investigations. there are three. all three of which will be presented at the next in-custody death review board. again, that will take place in the third quarter beginning in july. the oldest and most outstanding is the in-custody death that occurred in 2015. this, we have run past the 3304 date here. i am attributing that to a tracking system failure and we have because of this instituted policies within our m.o. so that we don't run into this issue again in this particular case which is actually on my desk for review now, there was a finding of upper conduct in this case. the second is again a 2015 case. this case, a decision has not been rendered by the district

attorney's office. that being said, our administrative investigation has been completed here and it's going to be headed towards the chief's office shortly. and, finally, the most recent of the outstanding death cases is a case from 2019. we did receive a declination letter this past january 2021. and that will be heard at the next board which will be the third quarter. go ahead and advance to the next slide. these next two slides basically speak to the duties of the respective boards. number one is the department general order 3.10. the firearm discharge review board. you can see on the slide what the duties are. obviously, it is to review and

to hear these and also to make recommendations as to with regards to the creation of new policy, modification of policy, as well as training. the composition of the board is there. i do want to note that very significant addition to this particular board on this -- in this matter is the field tactics force option, the team led by michael nevin. the infancy of this particular unit took place in the latter part of 2018 and it became a formal unit. they have become very instrumental in order to

present the material to present. once an in coordination with ftfo and is providing them documents as we receive them so they can do an independent assessment as it relates to the tactics that were used by our officers. their assessment is not punitive in nature, but after the administrative investigation is presented which is done by our internal affairs division investigators, the representative from ftfo will make a presentation and it's at that time that they will additionally make policy or training recommendations. >> president cohen: that recommendation, so it just goes to the review board, it doesn't come to the commission in any way? >> it does not come to the commission, but it does from

ftfo specifically but as a representative. but their recommendation -- i'm sorry, commissioner, go ahead. >> president cohen: what's ftfo? >> so the field tactics force options. the field tactics force options unit. that particular unit resides within the training division and the training division, of course has the academic but also has service training. the findings and recommendations that come out of that particular training. if there are recommendations to revise policy or training that is memorialized in a letter which is deputy chief yee, he will compose a letter to chief scott and the ftfo's recommendations as well as those of the city members go in

to the letter of the chief. the chief in turn submits a letter to you, the commission with the same information. >> president cohen: okay. i want to recognize real quick paul henderson. i think he's got a question that's related to this question. go ahead, paul. you're muted, paul. >> sorry. what's the time frame for this report i said quarterly, what's the time frame that's captured? >> so for my presentation, i'm doing an update to the presentation that deputy chief yee did last month and he was providing the first quarter

commission presentation for fdrb. first quarter 2021. so deputy chief yee spoke to the cases that were heard during that quarter and part of the discussion which was, you know, you've got then nine outstanding officer-involved shootings and three outstanding in-custody deaths. what's the timeline for completing these investigations. i'm back to provide, we're in the weeds tonight then talking about things in front of the respected boards. >> and i appreciate it. i just wanted to quantify. that makes perfect sense. i just wasn't sure. did i hear you correctly when you referenced one of the cases was lost from the 3304 deadline that was blown? >> that is correct, that is the

case. the 3304 date, the declination letter was issued in october of 2017. >> yep. >> and, do you guys have a summary of the other 3304s? that's why i was asking the context of the time frame that we're talking about are there eye three thousand three hundred fours like within the past twelve months? >> no, if you're referencing have we gone beyond any 3304s? >> yes. >> so we have not. if you see on the previous slide if you would just go back another slide, please, you'll see here director on the officer-involved shootings. provided those 3304 dates, for those that have 3304 dates

which would mean the criminal investigation's completed with the exception of the one that's july 17th, 2021, they are in the latter part of this calendar year, it will not be an issue because they're going to be heard in those cases in the next quarter beginning july. but regards to the july 17th case, that would have been heard on may 4th which is obviously well within the 3304 date due to a scheduling emergency, we pushed it back to that friday. so it will be heard on friday. so we have with the exception of the one in custody we have no other issues. >> thank you. >> so stacy, if you wouldn't mind just advancing to the one past this and again, this is verbage taken from the department general order 8.12

in-custody deaths which speaks to the board which are similar to the fdrb to make a determination as to whether officer conduct was in or out of policy and also to make recommendations with regards to policy or training. and, as you can see there, the composition of this particular board is similar to the fdrb board. there is i would note that the medical examiner sits on this particular board. that is my presentation. i expect there might be questions or comments. >> president cohen: thank you. one question. what's the impact on an officer's career and the livelihood of having a criminal investigation open even if the administrative investigation has concluded? >> well, i'll state the obvious, i mean, it's very significant.

you know, with regards to a criminal investigation, we go criminal charges were filed against. he in the department. he's working in a nonpatrol capacity. so in that regard, as we speak to impact, his function within the department has changed. he is still employed while the criminal case is making its way through there's an emotional impact to that under any of these circumstances. we have the back up, we have a requirement any time there is in custody debt or officer-involved shooting to hold what is called a return to duty panel and that must occur within, so i'll just kind of

take you through some process and a timeline real quick is within five calendar days, we need to hold a return to duty hearing. that board serves as a function to make a recommendation to the chief of police as to whether or not they believe a majority vote the officer should be returned to his or her assigned role. they then take that under consideration and you know that presentation then goes to you. so, we have by way of example, for example, officer-involved shooting 20-004 which occurred in november of 2020. those officers have been returned to that duty in that process and there's a criminal investigation and administrative investigation. so they are an example of they've now returned and they are working in their capacity while awaiting a decision by

the district attorney's office as well as the administrative investigation. so it certainly interrupts their career i think is the word that you may have used. their assignment by according to policy with these different reviews. but they also can be returned to duty within basically a couple of weeks and be back in their original capacity. >> president cohen: all right. i appreciate that thoughtful, thorough answer. i'm going to pivot to see if there's any other questions. i don't see any. >> vice president elias: sorry, president cohen. i did have a quick question. sorry about that. i had well three questions actually, commander. one was do the cases have to appear before the fdrb before the forwarded to the chief or discipline?

>> they do by process according to the department general order. so what we do is the case the chief of police if he or she wants to look at a case file, he or she can do that. but according to the way the general orders are written, what happens is the investigators within the risk management office will do their investigation, the lieutenant will do her evaluation and make recommendations it will go to the captain and then to me and i'll send it to the assistant chief, chief of staff, the case then is scheduled for fdrb or the in-custody review board based on whatever the recommendations are from the respective boards, once the investigators made on or about presentation, they can send it back for a followup.

they can make a decision then and there and say we agree with the findings of the administrative investigation or we disagree and it's at that point that the letter will be drawn and the case file will then go up to the chief of police. so, at that point, what he's reviewing is the entirety of the case file, but the process has been completed so that he knows what the opinion, the findings are of everyone that's involved in the process. >> vice president elias: i guess that speaks to my other questions why do these investigations take so long? because i think when they take this long, it really is a disservice to the officer. >> yes. >> vice president elias: because of the time that's lapse and the 3304, what are we doing to ensure that that doesn't happen? because i know dpa has to report to us with respect to their 3304 deadlines and with some of these like the july onest and the october 1st,

time's flying. what mechanisms are we putting in place to make sure the 3304s aren't an issue. >> i'm happy to follow up with you on that particular, i'm not aware of that case outside of the in-custody deaths how are we ensuring that this doesn't happen again. many of which are in direct response to the collaborative reform initiative and we have unit orders again for the general public, the unit orders in terms of how things are handled. there are shells within those procedures and we have to speak to a few, we have regular

ongoing meetings down here that are mandated to happen both on a weekly and bi-weekly basis. we have our launched come-up files that are not physical files but electronic systems so that our record management system internally within rmo actually sends e-mails to the lieutenant in charge from the 3304 date. additionally, every investigator shall to update his or her chronology to see the status of these investigations. so we acknowledge that, you

know, with respect to the in-custody debt that should have never happened, it's not anything that we can undo at this point, but we have been tenantive to create procedures here so that it doesn't happen again. >> vice president elias: perhaps, we should also make a report to our requirement on the commission. we'll talk off line about that. i want to say great job. i think that this presentation is way more informative than the last one in terms of detailing the status, the 3304 deadlines. so i look forward to this kind of detail in the future for us. thank you. >> you're welcome. >> president cohen: all right. thank you. thank you very much. we will continue to move forward. thank you.

sergeant youngblood? >> yes, ma'am. >> president cohen: please call the next item. >> clerk: public comment. anyone wanting to make public comment online item 6, discharge review board. please press star 3 if you would like to make public comment. good evening, caller. you have two minutes. >> hi, this is karen freshman calling in to make public comment. we have the grand jury report on officer-involved shootings. one of the topics in the report

is that the -- there was no concurrent investigations going on of officer-involved shootings instead, it was sequential between all of the different offices that were involved and they also recommended that there be a civilian who would come and work for any of these administrative bodies who would come and observe what was going on in the officer-involved shooting investigation so that the public would have some input and oversight over how this was going and my question is has that, you know, are civilians providing that oversight and are the investigations going on concurrently between the department of public account -- of police accountability the district attorney's office and

the internal review conducted by the police department. the way that you talk, it's extremely difficult, i mean, i'm an attorney and i can't understand what you are talking about because you're using so many acronyms and it's very difficult if you can just explain it simply so that people who are not part of the system can understand what you're talking about. it would give the public a lot of assurance that these investigations are going on in a timely manner and that they're being done concurrently so that it doesn't drag. >> clerk: thank you, caller. president cohen, it' appears there is no further public comment. >> president cohen: all right. thank you. thank you very much, karen. let's be mindful when we're speaking not to speak with so

many acronyms so that people can follow our discussion. what's the next item, sergeant? >> clerk: line item 8. public comment on all items on 10 below including public comment on item 9 about whether to hold item 10 in closed session. at this time, the public can press star 3 to make public comment online item 8. president cohen, there is no public comment. >> president cohen: okay. that's great. thank you. please call the next item. >> clerk: line item 9. vote on whether to hold item 10 in closed session. san francisco administrative code section 67.10. action. >> president cohen: is there a motion? or i guess we can take public comment before we -- no.

we don't need to because we just took it. is that correct, sergeant? >> that is correct. >> president cohen: so i see a motion made by vice president elias. is there a second? i can't see anyone so i need you to speak up. >> commissioner: i'll second it. >> president cohen: thank you commissioner byrne. please call the roll. >> clerk: on the motion to go into closed session, [roll call] you have five yeses. >> president cohen: thank you very much. let's go to closed session.

>> vote whether to hold any discussion held on item 10. 67.12a action. >> president cohen: make a motion not to close. is there a second? >> vice president elias: seconded. >> president cohen: seconded by commissioner elias. >> clerk: i just need to call for public comment. for members of the public who would like to make a comment on public comment dial star 3 now. and president cohen, there is no public comment. >> president cohen: okay. please call the roll. >> clerk: on the motion not to close, commissioner brookter, how do you vote? [roll call]

you have five yeses. >> president cohen: thank you. the motion passes unanimously. sergeant youngblood, what's the next item. >> clerk: line item 12. adjournment. >> president cohen: thank you. folks, it's 9:20 we are adjourned. >> clerk: thank you. have a good night. >> president cohen: good night everyone.

>> chairman: good morning, ns welcome to the rules committee of the san francisco board of supervisors for today, monday, may 24th, 2021, i am the chair, aaron peskin, joined by vice chair, supervisor raphael mandelman and connie chan. our clerk is mr. victor young. do you have any ?owments? >> clerk: yes. due to the covid-19 emergency, and to protect board members, city employees, and the public, the committee room and board of chambers room are closed. committee members will. attend the meeting through video conference to the same extent as if they were physically present. public comment will be available on each item on the agenda, both on sfgovtv.org or on the