>> president cohen: my name is malia cohen. i'm president of the police commission. it is february 9, 2022, 5:53 in the evening. i want to recognize vice chair

cindy elias that has joined us. we've got commissioner byrne and commissioner hamasaki, as well as commissioner yee, and commissioner overstone. we've got the chief present, and we've got the department of d.p.a. present, and i want to welcome everyone to this meeting. stacey youngblood, could you call the item? i believe it's pledge of allegiance. >> clerk: yes. president cohen, taking roll. [roll call]

. >> clerk: president cohen, you have a quorum. >> president cohen: thank you. would you please join me in placing your right hand over your heart and saying the pledge of allegiance? [pledge of allegiance] >> president cohen: secretary youngblood, would you please instruct the public on how we're going to conduct public comment tonight?

>> clerk: under public comment, neither members of the commission or officials may not comment on public comment. if you would like to make a public comment on tonight's agenda, please call in when that line item is read. >> president cohen: all right. let's open up the lines. >> clerk: all right. and the public is now welcome to make public comment. call 415-655-0001 and end access code 2484-626-5512. press pound and pound again, and then press star, three if you want to make a comment. good evening, caller. you have two minutes. >> yeah, i want to make a comment, and it's on -- after

the access code 2484-626-5512, there is no pound, pound. that has to be corrected. otherwise, nobody will be able to give public comment, and somebody might check that every single time before you have that notice this. pound, pound is missing. so having said that, i know somebody read -- was saying something about the agenda item. so i'll just read your agenda item and have my comment. but i would appreciate if this mistake, which is on your screen is corrected so that

everybody gets a chance to give public comment. thank you very much. >> clerk: thank you, caller. good evening, caller. you have two minutes. >> hi. my name is victoria waters, and i volunteer with wealth and disparities in the black community. the following is a quote from founder felicia jones. i'm going to call it what it is. antiblackness and use of force and racial profiling in traffic stops of black san franciscans. i have grown tired of talking to the police commission, to the sfpd. when are you going to address the harsh bias and unjust statistics which is truly your

opportunity to seek the good in all san franciscans. i am tired of our concerns falling on deaf ears, ty enough to look at this antiblackness in your chambers. since 96-a and d.o.j. cops began, the police commission has not responded. why hasn't this commission addressed the problem as spelled out in the federal d.o.j. cops report? the commission should demand the elimination or auto mags of routine traffic citations as we have been saying here for months. thank you. >> clerk: thank you, caller.

good evening, caller. you have two minutes. >> yes, hi. i'm calling in support of -- my name is cynthia coin, and i am a homeowner here in san francisco. i'd like to thank chief scott for his efforts to change san francisco. i'd like to thank chief scott for his service. >> clerk: i'm sorry, caller. but that is item 7. if you could call back then. >> okay.

>> clerk: good evening, caller. you have two minutes. >> great, thank you. good evening president cohen and commissioners. wesley assault and batteriers, senior policy manager for g.l.i.d.e. i want to uplift the coat that was previously shared and those concerns about racially bias stopped, but on behalf of the organization and the coalition that i mentioned, thank you for last week's conversation about the disparate outcomes in the ripa body, and we're looking forward to continuing to work with you, d.p.a., and the community to ending harmful and discriminatory pretext stops. thank you. >> clerk: thank you, caller. good evening, caller. you have two minutes. >> hi. my name is sarah lee.

i'm a [indiscernible] and i want to take this opportunity to formally call the police [indiscernible] many of our asian and pacific islander clients are residents of the tenderloin and are facing addiction and stress and trauma. interesting part of our work is that our a.p.i. clients are also impacted by incarceration and deportation. because of the war on drugs in the 90s, it has permanently separated our families. [indiscernible] so i really urge the police commission if they're really committed to stopping cycles of violence,

then we need to have [indiscernible] to endorse this. thank you. >> clerk: thank you, caller. good evening, caller. you have two minutes. >> my name is susan buckland, and i am with the core team of wealth and disparities in the black community. the following is a quote from our founder, felicia jones. i am going to call it what it is: antiblackness and use of force, arrest, and racial profiling in traffic stops by sfpd. i am growing tired of talking to the police commission, to sfpd, and to the board of supervisors. where is the urgency? if the tables were turned, and these statistics represented white folks, there would be an urgency. when are you going to take opportunity and address the unjust statistics, which is truly your responsibility as you took an oath to uphold the law and support and seek the good for all san franciscans. as i said, i am tired. not tired enough to quit, but

tired of our concerns falling on deaf ears. tired of hearing that antiblackness falls on deaf ears, so we've sought help from attorney general banta, end quote. a brack san franciscan is six times more likely to be subjected to a traffic stop as a white san franciscan, nine times more limely to be subject to use of force, and 11 times more likely to be arrested. this commission must hold sfpd accountable. you must demand that sfpd end its campaign of racism and violence against black san franciscans. thank you. >> clerk: thank you, caller.

good evening, caller. you have two minutes. >> miarian is david aaronson. i am a core team member of the wealth and disparities in the black community, and i am also a resident of district 1. there is an urgency to address the injustices of black san franciscans. i'm going to call it what it is: antiblackness. i've grown tired of talk to the police commission, to the sfpd, to the board of supervisors. where is the urgency? if the tables were turned and these statistics represented white folks, there would be urgency. when are you going to take responsibility and address the harsh, biased, and unjust statistics which is truly your responsibility that you took an

oath to seek justice for all san franciscans. for six years, wealth and disparities in the black community has been speaking to the antiblack disparities showing up in the sfpds data. in recent police commission meeting, the commission found the recent ripa state numbers alarming. according to sfpds own data, a black san franciscan is six times as likely to be subject to a traffic symptom than a white san franciscan, nine times as likely to be subject to use of force, three times more likely to be arrested. one recent example is the black u.p.s. driver who posted a video of sfpd stopping her in her van while working. you must respond also to wealth and disparities in the black

community's communiques and our statements on these matters. >> clerk: thank you, caller. hello, caller.

you have two minutes. >> tonight, i'm calling to say that i'm frustrated with the police force. tonight, i'm calling to say that i don't trust the police force. tonight, i'm calling to say especially that i don't trust the police force's use of force in our society. now when i see the brutality that is many times in excess of our first world peers, with our police departments killing more people than britain does, than france does, killing more people than italy does by one or two orders of magnitude, imprisoning one or two orders of magnitude than either of

those countries, i realize that the police is not being an effective deterrent. so tonight, i'm calling -- while i echos the previous caller's statements and think that the police department needs reform, i think it needs reform specifically as it relates to our drug war. it's causing more drug usage and driving our fentanyl epidemic, so we continue to understand that policing damaging our society, and so we say that we are a data driven police department. we should be evaluating these claims that are well documented in science and proving that our police department is doing

anything other than damage because as science said, reliablely, as -- reliably, as evidence says, the science is causing overdoses. >> clerk: thank you, caller. you have two minutes. >> hi. i'm calling to appreciate and thank chief scott for prioritizing to keep our city safe. i'm a resident and long time homeowner in san francisco. since the pandemic, i think there's been a lot of incidents of shoplifting and other criminal activities. i do not feel safe as a female resident in the city, and i'm calling to support the police chief for the initiative that he's led in the city.

we think there are other options for outside investigations that are full and fair and independent in response to the recent case of the whistleblower, in terms of the policing. again, i'm calling in to recognize and thank chief scott for his leadership and that san francisco needs for police officers, and we have a very diverse police force, which i'm grateful for. thank you. >> clerk: thank you, caller. hello, caller. you have two minutes. >> hello. this is magic altman, and i would like to suggest that it's been two years, and still, our faces, the public, who you are meant to represent, is not seen on the screen. a small town like sebastopol

has figured out how to do that, so we are speaking into the darkness and seeing your faces. i'm really tired of the fact that you can't update your technology so that the people can see each other. i also think that the people should be able to speak from their heart because frankly, as a lifelong advocate, it bores me to tears to hear that same statement read over and over and over again. thank you. >> clerk: thank you, caller. good evening, caller. you have two minutes. >> good evening. thank you so much. this is [indiscernible], a lifelong san francisco resident, and i'm calling to voice my support for the police of san francisco, the police

who keep us safe every day. we need that. please don't go away. please don't be run out of san francisco. are there bad actors in the police department? absolutely. should we get rid of them? absolutely, but that doesn't mean you get rid of all of them. some of the members of this commission are totally antipolice. that is totally inappropriate. the police are necessary for the sanity and safety of our city and all who reside in our city. are there some bad actors? yes. should we get rid of them? yes, resoundingly. are reforms needed? yes, there are some reforms that are still needed, but that does not mean that we throw the baby out with the bathwater, and i am very disturbed and disappointed by the attitude of many san franciscans and the

attitude of people on the police commission who should not have a blanket antipolice mentality. again, it is inappropriate. you should recuse yourselves, and those who support a strong, solid, well trained, well equipped police force should remain. we need to provide more police funding, we need to police more police training, and we need to support our police force because they support us. we need them. police are needed. peacekeeping forces are needed in any society. we depend on that, so i would like to say thank you to all of those who go out there day after day and serve in that capacity. >> clerk: thank you, caller. good evening, caller. you have two minutes.

>> hello. this is paulette brown. i'm calling concerning my son, aubrey abrakasa, who was murdered seven years ago. i haven't heard recently from my police officer. i need to hear back from my officer telling me what is happening. today is another year in so many years, and i wonder if i'm going to be doing this for the rest of my life. if i have to say the same thing

every time i call here, then i will. i don't know what else to do. i'm tired, but i need to continue to fight for my child. i need to show my children -- my children that i have left, just don't lay down and let this continue to happen to their children. fight. give -- i mean, go to the commission, go to the police commission, go to wherever you need to go. i still grieve over my son. i have lost count of how old he is now. my son existed. he was full of life. i wouldn't wish this on the perpetrator that done this to my son, for their mothers to go through what i'm going through, and i'm sad that i have to do this every wednesday. i missed last wednesday, but i'm here now, and i just want to get some feedback from the investigator my investigators. you know, i -- sometimes, i

hear from philpot, mike philpot, but he is not my investigator. but i want to hear from my investigator, you know? please, let me know what's going on about my child, if there's nothing going on at all. thank you. >> clerk: thank you, ms. brown. for members of the public that have any information regarding the murder of aubrey abrakasa, you can call the anonymous tip line at 415-575-4444. good evening, caller. you have two minutes. >> yes, this is yolanda williams, president of the offices for justice. i'm not going to speak on-line 7, but i do encourage the san francisco police department to recognize this month is black history month, and it certainly would be nice for us to have some type of message come out from the san francisco police department, and i'm encouraging you to do so as we're more now

than almost halfway this month. thank you. >> clerk: thank you, caller. good evening, caller. you have two minutes. >> hi. i would like to call and recognize and thank chief scott for his leadership and for prioritizing progressive reforms in this city. >> clerk: thank you. hello, caller. you have two minutes. >> hello, members of the commission. i'm chuck obermeyer, a resident of d-6.

i'm not speaking to item 7, but just sort of talking to elements that have been discussed in this public comment. as a strong progressive myself, and someone who wants to see police reform, i've got to say, i'm a strong supporter of chief scott. we've got a really tough challenge in that we're in this moment where we have -- we're losing so many sfpd officers and working so intensely to reform the department. it's necessary essential work, but i just want to let folks know, given that i work in d-6, we need more good police officers. we're already, like, 500 understaffed, and we're on track to lose 600 more before the year is over. to keep san francisco safe, to

ensure safety with respect, we need to be having community dialogue to increase numbers and how we ensure we have police, not abolishing the police department in a nation that is leading in progressive reform. thank you very much for your time. >> clerk: thank you, caller. good evening, caller. you have two minutes. >> yes, my name is leanne [indiscernible] and i'm a lifelong resident of san francisco. my mother was beat three times in san francisco, and she was to terrified to -- beat and mugged three times, and she was too terrified to call the police. we do not need to defund the police, we do not need to cut their budget. we need more police.

for those who commit misconduct, yes, they should be addressed, but it needs to be done transparently and thoroughly, and the d.a.s office should not be hiding evidence, and that's all i'll say today. >> clerk: thank you, caller. good evening, caller. you have two minutes. >> so as a concerned san francisco resident, i, too, would like to thank chief scott for terminating the m.o.u. with the d.a.s office and for keeping our city safe. i think the d.a. office has a record of -- >> president cohen: i'm sorry to interrupt your statement, caller, but you'll have to save your public comment for item 7. thank you. >> clerk: good evening, caller. you have two minutes.

>> i'm actually going to call back in for item number 7, but

having hearing all the felicia jones people calling in and read off the script, where is all the urgency behind the homicides in the city that disproportionately affect black and brown citizens? reading off of scripts, it's phony, fake, and i hope the commission sees past it. it's disingenuous. you need to hire more police officers. the city needs us. hope you stand your ground. we need your support. thank you. >> clerk: thank you, caller, and president cohen, that is the end of general public comment. >> president cohen: thank you very much. would you please call the second item. >> clerk: line item 2, chief's report, discussion. weekly crime trends. provide an overdue of offenses occurring in san francisco. make, signature incidents. provide a summary of planned activities and events.

this will include a brief overview of any unplanned events or activities occurring in san francisco having an impact on public safety. commission discussion on unplanned events and activities the chief describes will be limited to determining whether to calendar for a future meeting. chief scott. >> thank you. good evening, president cohen, vice president elias, and d.p.a. director henderson. we're down pretty much across the board except for larceny, which we're up 13%. burglaries, a little bit of good news there. we're 45% down, and we're going to continue to try other

strategies that we believe have made an impact on turning this around last year. we go back to larceny and theft because that's starting to tick up, and that's driven by car break-ins, and we'll continue to focus on areas that we continue seeing having problems [indiscernible] which is also a tourist area. but as our deployment gets built back up as we get over this large surge of covid, i believe we have the strategies to keep that in check. in terms of firearm related crimes, we're actually at 18 for the year, which is a 58% decrease. there was 34 this time last year. we're going to continue our strategies with identifying the most [indiscernible] individuals, both at risk of shooting or at risk of being shot, and we believe that's an effective strategy. we do believe we need more work on that strategy, but so far,

we're happy with the progress. in terms of the individual stations, and the shooting at the individual stations, significant decreases year-to-date. bayview, two shootings last year, two shootings year-to-date. mission, down by two, from four last year to two this year. northern down by one, three to two. park down by one, richmond has zero. taraval even by one, and tenderloin is down by two, five last year, compared to three this year. again, that's encouraging news, and we'll continue to work on the same strategies, including working with our crime gun intelligence center that we set up a couple of years ago. they worked well with our community violence reduction teams, and they've done some really good work, and that's in

conjunction with our community partners. as far as homicides, there is one to report this year. this was a homicide incident that occurred on january 31 at 12:17 p.m. at potrero and mariposa in the bayview. i reported on this just to refresh everybody's memory. on january 31 at 12:22 a.m., officers responded to a victim who reported that he'd been stabbed, that he was bleeding, and he was dying. the victim was transported to the hospital, and investigation revealed that the victim was at a party where an alter indication led to the stabbing. it was further discovered that

the victim had been arrested for domestic violence approximately one hour prior in hayward -- on the street of hayward, and was released on his own recognizance. this week, we had four fatal shootings. nothing revealed at this point to connect them together. one was on 5 february at the 1300 block at hunter in the bayview. the other was market and douglas. two victims in that particular shooting, and on the 200 block of ninth and southern, there was a third shooting, and the 200 block of buchanan in the north was our fourth. no arrests have been made on any of those shootings, but those investigations are still on going. there was a bank robbery series with suspect matching the description of a suspect in

numerous incidents last week. no arrests at this time, and we're still working that particular case. there was a threat to [indiscernible] high school that's noteworthy. this is on february 2, 2022. the school received a call stating that they were going to shoot at the school. the caller repeated the statement three times, and then a threat from the same phone number was made to a high school in the mission district. no one has been identified, and no arrests to this point, but that investigation is still on going. as far as traffic related incidents, we had a vehicle versus pedestrian hit and run on february 3, 2022, at 1:00 p.m., on the great highway in the taraval district. the victim was hit by a vehicle, and the vehicle fled the area. the victim was transported and is in unstable condition.

no arrests at this time. another hit and run at van dyke and keith in the bayview. the pedestrian was crossing the street and struck by a vehicle that fled. this incident may have been captured on muni, but at this time, we have not identified the vehicle or the driver. just want to give another report on -- i know there's a tenderloin report -- actually, i believe i'll wait there because we have captain kenney reporting. last thing i wanted to report, we had a search warrant in oakland. the suspect was arrested on various drug charges as well as one other person in the location. 167 gross grams of fentanyl, 396 gross grams of methamphetamine, and 10.3 gross

grams of cocaine, and 21.2 gross grams of heroin were confiscated. narcotics is continuing to work the tenderloin, and i know captain canning will have a report on that. and the last thing i'll report is our staffing levels. we are still down in a lot of our shortage right now other than the shortage that we had due to the pandemic. we had severe, severe spread of covid in the police department last month. we're starting to come out of that, but we're still, day in and day out, around 100 officers are out due to either covid or having to isolate due to exposure, so we'll continue to work on that. and our full duty member is at 1,646. that's down 19 positions from just a couple weeks ago, so we'll continue to monitor that, and hopefully, people will recover from covid.

we can stabilize and continue to put the officers in the communities where they need to be. thank you, commissioners. if you have any questions, that is my report this week. >> president cohen: thank you very much. let me see if commissioners have any questions. i'm going to the chat. yes, commissioner yanez. >> commissioner yanez: thank you, president cohen. chief, good evening. thank you for that report. seems like there's a lot of activity. i have one question about you made reference to an intervention and violence prevention strategy that targets, you know, those most potentially susceptible to become victims or drivers of gun violence. would you be able to give us a sense of how many individuals your groups are actually working with actively that meet this quite real estate?

>> well, commissioner, thanks for that question. the number that we have engaged with, about 70, but i believe the number that we actually have that have accepted those services is somewhere around ten, so that engagement will continue. you have to meet people where they are and build trouble, and we are working with community partners to do that. but we've reached out to them, and in some cases, their families, working with our interventionists. it's promising. we've had some challenges, including our strategy, but we've had to fit some pieces together, including the strategy. the number, i believe, is 70 as of my last report, which was last month, but of that, about ten engaged. >> commissioner yanez: thank

you. >> thank you. >> president cohen: colleagues, any other questions for chief? commissioner yee? >> commissioner yee: thank you, madam president. chief scott, i just want to recognize i guess the bayview station for looks like they dropped tremendously on the gun violence. it's a dramatic drop, you know, for us. matter of fact, one of the lower stations with all the gun violence that's out there. looking at the tenderloin, it also dropped down, too, and then, it transferred over to -- kind of looks like southern station. i wonder if that's a possibility of migration, where some of that is going from the tenderloin to south of market. probably maybe something to look at, but again, happy to

see tremendous drop in shootings in the bayview, so congratulations to the captain over there. i think it's mine. >> yeah, dave marrin, thank you very much. thank you very much, commissioner yee. >> president cohen: commissioners, any other questions for the chief, for the report for the weekly crime trends? all right. thank you, chief, for your presentation. let's call the next item, sergeant youngblood. >> clerk: at this time, the public is now welcome to make public comment by pressing star, three. good evening, caller. you have two minutes. >> so [indiscernible] arrived here in san francisco, i went

out of my way to have a [indiscernible] and i think i know where he's coming from. and [indiscernible] commissioners come up with a plan [indiscernible] legislators from sacramento to tell us something about nothing. [indiscernible] right now, whether we like it or not, the

taxpayer, san franciscans are suffering, and they're not getting any support from the commission. now, when it comes to issues, we like to blame the chief, but the commissioners really create the environment, and you all haven't created an environment. it has to be an environment where a commissioner can make a needs assessment, how to make a plan [indiscernible] not talk about the chief but how they have the chief, and that's all i've got to say. i could talk about [indiscernible] involvement, but that's all i'll say [indiscernible] thank you very much. >> clerk: thank you, caller. good evening, caller. you have two minutes.

>> hi. this is magic altman. i'd like to address the fact that we have two few police, because during the george floyd protests, we said we wanted less police and more c.a.r.t. where we worked. i have parked in the haight and stood among a bunch of the street people that had been there for years, next to a business that had called and apparently asked for help, and they said, we'll stay here as long as you stay here. four police officers stood around and talked to each other for 4.5 hours, so if we're short on police, what the hell are they doing? their job is not corporate america, although i know our corporations can actually hire our police force, which we pay to train to be hired by

corporations, which is just plain wrong. we do not have too many police officers. let me make that perfectly clear. what we need is more public officers during a time of problems and upheaval in our city. >> clerk: thank you, caller. hello, caller, you have two minutes. >> hello. this is miss brown. i was just listening to the chief's report saying the gun violence is down in different neighborhoods, and people are congratulating him about that, and i think it's a good thing that the gun violence is down, and one less shooting, you know, but one shooting is too much. i would like to hear how they

say that they're solving unsolved homicides. always hear that the gun violence is down. there's less shooting, but i've never heard, i don't hardly hear at all about the unsolved homicide. oh, we solved the case this year, with you solved the case this time, are cases being solved of the unsolved homicides, and i'm talking about my child, too. yes, people are walking around with bullets in them, yes, but they're still alive. but what about the unsolved homicides, for mothers that can heal somewhat, get a piece of healing, just a little bit? i don't have any, so i'm saying why don't we just solve the

homicides, something like that. if there's a way to do that, i'd really appreciate it, and thank you, thank you. >> clerk: thank you, miss brown. good evening, caller. you have two minutes. >> caller, you have two minutes. thank you, caller. good evening, caller. you have two minutes. >> how heartbreaking is it to hear that mother talk? how heartbreaking, and listen to the caller before, who's calling in to defund the police, and saying we need less police officers on the street. how is that mother supposed to have her son's crime solved with less police on the street? in fact, i would argue with

more police on the streets, they would have more police officers, more opportunities to investigate that death of her son. what a joke. chief scott, i'm curious if you've shared with the police commission the demographic breakdown of all gun violence of 2021. show those figures and show who really is a victim out there. thank you. >> clerk: thank you, caller. good evening, caller. you have two minutes. >> hello. my name is susan buckman, and i'm with wealth and disparities in the black community. it's ironic that so many people are coopting our message of urgency to promote their own message of more police, and the police aren't racist, and it is

particularly egregious that mrs. brown's pain has been coopted to support more police. and her story is about the death of her son, and how dare you try to use that for your own ends. her pain is not to support your agenda. thank you. >> clerk: thank you, caller. president cohen, that is the end of public comment. >> president cohen: thank you very much. sergeant youngblood, could you please call the next item? >> clerk: line item 3, d.p.a. director's report, discussion. report on recent d.p.a. activities and announcements. discussion will be limited to determining whether to calendar any of the issues raised for a future commission meeting. director henderson?

>> president cohen: thank you. >> director henderson: thank you. so far, this year, we have opened 54 cases, and we've closed 57 cases this year. currently, we have about 267 cases that are pending, and we have sustained three cases so far this year. so far this year, we have sustained five case does. we mediated three cases this year. currently, we have a number of cases that -- whose investigations have gone beyond nine months. currently, we have 33 cases like that. this time last year, we had 39 cases. again, as a reminder, since

july 2017, sfpd has not had any 3304 violations of their cases. and of those cases that are taking longer than the nine months, 20 of those cases are cases whose timelines have been tolled, meaning that there's either criminal or civil actions suspending the timeline. in addition to that, we have ten cases that are pending with the commission, and we have an additional six cases that are pending decisions with the chief. in terms of what's gone on this week at d.p.a., we received ten new cases. the top always are -- and i'm just going to read the top two -- were for officers alleging to failing to prepare an incident report is the top violation, at 40%. after that, we have allegations of officers failing to take

required action when asked by the public. the rest of the details are published on the website. i'm not going to read all of them to you. i'll just try to read to you the top ones that came in, but those cases came from incidents involving assaults, neighborhood disputes, and an auto burglary. the two top districts in terms of allegations that came in were, number one, from the tenderloin, were six of those cases came. for cases involving unfair treatment by police officers, an allegation about officers parking and where they parked, and an allegation about officers who were from the public who were denied an opportunity to file police reports. the second highest allegations came from richmond station,

involving a case involving an auto burglary that occurred. in terms of the audit team at d.p.a., yesterday, we published our report on our first amendment audit, implementing -- about the recommendations made from december 31, and regularly, we follow up with the department, the police department regarding this crime, what their implementation is of the audit recommendations, and this report that we publish will provide an update on what specific actions have been taken and what actions will be needed. just explaining it, it's on the website, i want people to understand what they're reading and what's available. we anticipate more of these. likely, they will be on an annual basis going forward, but i want to explain it so people

can say once the audits have been finished, d.p.a. will stay engaged so we can track actions taken by the department with an outline of what actions still need to be followed up on. all of that information is available on the website. on february 4, our investigators and staff from d.p.a. presented at u.c. hastings a talk to the students there, which was at the law school and the students there. it was to explain d.p.a.s mission and the opportunity for law students to participate. we're continuing to work on the pipeline for internships. you're going to hear a little bit more about it on agenda cite number 8 when we -- agenda item number 8 when we talk about the racial and equity action plan.

there's closed session tonight. none of the d.p.a. cases are in closed session, but also present on this call and available for whatever comes up throughout tonight's meeting is a senior investigator. also, if they want to reach out to us, they can reach out to us on our website, sfgov.org/dpa, and you can contact us at 241-7711, and there are also a few additional agenda items -- it would just be the agenda item that i talked about earlier, number 8, the racial equity action plan coming up on the agenda. that concludes my director's report. >> president cohen: all right. let's see if there's any questions for you. commissioners, don't be shy.

any high-level trends that you see? >> director henderson: just what i talked about this week -- that's why i say what the top allegations are. i'd say in watching these trends that i've been reporting out every week in the commission, the things that stand out to me are the folks making allegations about being denied an opportunity to file a police report. without digging deeper, i'm just presuming that a lot of these are petty thefts and/or car break-ins kind of allegations, but i don't know that. this is just what i'm seeing, which is the same thing that you guys are hearing, as i report every week what the allegations are. a lot of the deeper analysis, you're going to get in the quarterly reports and the annual reports, and that will have the exact specifics, so

i'm just freestyling here what i've been seeing and what we're talking about, but the exact specifications will come out in subsequent reports, but to me, that's just what i've been noticing over the past few weeks, some of the highest and higher numbers. that's why i try to focus on just reading the highest numbers instead of just reporting all of them because it's not helpful. >> president cohen: appreciate that. colleagues, any questions for the director? all right. seeing none, public comment on this item. >> clerk: at this time, the public is welcome to make public comment on-line item number 3. if you'd like to make public comment, press star, three now, and president cohen, there is no public comment. >> president cohen: no public comment? okay. next item, then. >> clerk: line item 4,

commission reports, discussion. commission reports will be limited to a brief description of activities and announcements. commission discussion will be limited to determining whether to calendar any of the issues raised for a future commission meeting. commission president's report, commissioners' reports, and commission announcements and scheduling of items identified for consideration at future commission meetings. >> president cohen: all right. commissioners, anything to share? commissioner yanez? >> commissioner yanez: thank you, president cohen. i did have, you know, an update to report around conversations that i've had with people around pretext stops. coalition reached out to me as a result of the data that was presented last week, and i do want to make sure that those folks understand that we are, you know, prioritizing,

addressing these disparities in some way, shape or form, and i'd like to get a sense from the chief, if it's possible, to ask you with regards to, because we are limited in resources right now, right? we do have a shortage of officers out there on the beat, and because we obviously should be using our force effectively, i'd like to get a better source of if we're not tracking when it comes to pretextual stops, the contraband that is illegal contraband, what is it going to take to begin to track this

type of detail so we begin to discern the patterns in approximate policing from individual stations and individuals that are actually engaging in this behavior? >> president cohen: sir, who is your question directed towards? >> commissioner yanez: i was asking the chief. >> president cohen: okay. that's what i thought. chief? >> chief scott: thank you, president cohen. so pretext stop is an action using a traffic violation. a lot of times, minor, we're assuming it is the pieces of the pretext stop. we also have the searches, what led into that because part of the data is -- oftentimes, it can create -- we can't just say

[indiscernible] minor violations of pretext stops, yet it does play in, as commissioner carter earl was stating last week, you really have to dig in to the total transactions because if somebody's making a pretext stop and they don't search, or they don't search and they don't [indiscernible] you know, investigative questions that makes it a little bit more difficult to say that's pretext because there's no action following up with either investigative searches or questions or that type of thing, so we haven't really done, i don't think, all the work that we can, to really string all of this together. so at least we can say we believe that this is or is not a pretext stop. that's one of the things that we're working on as we strive to collect better data. we have some data, and it's like was discussed last week. there's some red flags, but i believe we need more.

i really do, in order to understand what needs to be changed. we can understand a blanket policy of changes, but i don't really share that opinion. i think we have to be thoughtful about populations that are impacted, like, the group that i hear from every week. they want people cited for double parking, so i think we have to be really, really thoughtful about what we do, residents, a really broad brush. i think sometimes it's luck of the draw. >> commissioner yanez: if i could follow up by asking, because during that -- that questioning by commissioner carter oberstone, you often

cite the need for more data, more data, more data, and as i look at the numbers for the last six years as this report has began to gain traction, we continue to ask for more data, but in my experience, working in the mental health field, it's really about the types of questions that we're asking, the type of data that we're collecting, and what i'm sensing is there really is this paralysis that's interfering with our ability to really gain traction and make headway in addressing these disparities. when we continue to ask for more data, i wonder what more data, what magic data set are we making or are you looking for that is interfering with our ability to enact new strategies in oversight and accountability of individual members who have demonstrated a

pattern of solely, you know, reaching for low hanging fruit, which is pulling people over for being double parked, as opposed investigating the really serious crimes that are creating unsafe communities in san francisco? >> chief scott: definitely appreciate what you're saying. i don't think the answer is all in more data for the sake of data. i'll give you a good example of how this works and how this has evolved. when the board of supervisors, i think it was in 2014, thanks to the -- president cohen and her work, just collecting that 96-a data, that data gave us the ability to really track the things that were important. and since that time, we were

collecting the data. i don't point to be misunderstood and lead you to believe that i'm saying we've just got to have data for the sake of data, but these questions that are being asked about, and some assumptions that we can just ban pretext stops and that's going to be the answer, actually, i think we really need to think about thoughtful policies and strategies, and we do need data. we're working with academic partners and researchers, and a lot of their recommendations is collecting data, and what data to collect. and we have technology that we didn't even have five years ago. body-worn camera data that we haven't even really opened up in terms of where it can go with this issue. we're working with one of the academic partners to try to develop that, but there's a lot of issues that we're not even

touching the surface on that i believe will help this get better. [please stand by]

the next line item and only way that we get public comment is the clerk happens to remember on each item, which we fought long and hard for, has a right to public comment. in the future, will you please recognize that. that would be most refreshing. thank you. thank you, caller. that's the end of public comment. >> clerk: strategies on open air drug dealing in the tenderloin. discussion. members of the public and deputy chief david lazar and this

evening i'm going to introduce captain chris canning to man the officer of tenderloin station who will provide an update on tenderloin strategies and i'm happy to back to report on out and discuss our on going strategies and one thing that has changed since i was here last was the emergency declaration by mayor breed. this was made december 17th in 2021 and one thing i want to be clear on is our strategies and

approaches have remained consistent. there's no specific role within the declaration for the police department other than car din eighting our efforts with our partners ands a a city department. it's supportive of these measures because it will improve public safety. that being said, i want to discuss three focus areas that we have been maintaining and in detail and after i and the tenderloin emergency initiative. and they published about a month

ago and a strategic plan in operations guide that goes into detail about a variety of short term and long-term goals and objectives and our role, in the police department, is to again support their efforts coordinating the on going deployment and responses within the den ter loin and the three areas i want to discuss is that of visibility and den ter loin station and the police department provide visible deployment throughout the district with regular patrols and foot patrols, bicycle patrols, and one thing that i think is important to note is that we are continuing to plan and support maintaining safe passages throughout the neighborhood. the accessibility of sidewalks, public spaces, public

transportation platforms, bus shelters through out the district are critical. one thing that i would like to highlight is that we do support one of our community partners the den ter loin community benefit district and specifically with safe passage for children as they walk to and from schools and there's an officer from tenderloin station assigned this very, very important task and it's also important to note that the department has been really supportive with providing additional department resources in the form of motorcycle to support these efforts of visibility and we feel that it has a deterring effect and there's also a silver lining as well where children of which there is a very high con sen station of children in the tenderloin neighborhood, are interacting and engaging with officers in a positive way. and another component of our visibility, is our engagement

with partnership that are both city departments and non profits, and other practitioners that work to address some of the underlying issues that folks in the den ter loin are suffering from and one thing that i want to highlight is that we are big believers, and i personally am a supporter of the co responder model and this is been successful and what we are finding is that while officers are expected to have an awareness of issues, particularly folks in crisis, community members that are suffering from mental health challenges and officers should be aware of those things and it's important to have those who and two people suffering from those issues on the streets with

the ability to feel safe providing that level of service so that is one thing that i'm very happy that we have committed to and we'll continue to do and the station also utilizes a mobile patrol to maintain the 24/7 coverage in our known hotspots and clearly these are very dynamic situations where there's a high level of police visibility and sometimes the folks are engage in suspicious activities aren't around where there are a lot of police officers so it's important to be fluent with our visibility and provide that service to the community. the next item i wanted to have is our coordinated efforts and it's critical about what i feel our role is into helping be tenderloin emergency initiatives is that we partner with all of the different groups and practitioners that are engage in

efforts that are going to help address the neighborhood. we participate in daily briefing and strategy sessions with our partners. they're led by the department of emergency and what it does is feel as it provides our ability to refine our efforts and 47th helpus be nimble. in the past as departments work in a siloed fashion, they review weeks' worth of information and coordinate after making assessments and reviewing a week owes worth of data and they allow for our officers to support our partners engage in a separate to identify trends on a day-to-day basis and really support the efforts to address the underlying issues that are

it allows for the assessment of other city departments on profits and practitioners and everyone that's operated from the footprint of the den der loin it's the biggest safety challenge are impacting the neighborhood. so, our enforcement strategies has been specifically to address what we continue to hear time and time again from from the

investigations bureau to conduct enforcement operations. we also work with other law enforcement partners including bun limited to the sheriff's department and probation department and the district attorney's office and to really streamline and coordinate community input and feedback and these efforts are coordinated on a weekly basis. and we will continue to address other criminal activities that impacts the neighborhoods specifically illegal activity involving stolen property as well. i understand that there were questions related to some of the focuses of our enforcement and

there are narcotics and fugitive recovery operations and we conduct regularly and that is folks that have outstanding arrest warrants that frequent the tenderloin or are known it's a component of our enforcement strategy. as well as focusing on stolen properties and the sale of stolen property. over the last three months. is the top three areas making arrests and revolve between narcotic sales and possession for sales, outstanding warrant arrests and arrests related to assault and battery cases. for specific numbers last month

in january there were 59 arrests for narcotic sales and possession of sales and 33 arrests for outstanding warrants, 15 arrests for assault and battery related cases and five citations and related to the same. i also understand there were some questions related to

arrests and arrests were related to loitering and i've been the captain and i couldn't find any record of arrests relating to sit lie violations in the year that i've been there and the same goes the same in terms of the primary charge for an arrest and enforcement action and i couldn't find anymore i hope i was able to arrest the questions related to the types of enforcement and the enforcement metrics. what i would like to finish with and take any questions is the yield of our narcotics enforcement and i'll given tire year, 2021 and we had 519 total arrests for drug sales and possessions for sales and the total amount of narcotics and of

the 48.4 kilos, 26.6 kilos in fentanyl and there were 79 narcan deployments within the den ter loin and january 1, 2022 to february 1, 2022, there were 57 total arrests for drug sales and possession for sales and 6.e seized there were five deployments of narcan. comparing that to the year prior, january 2021 and 71 arrests for drug sales and possession for sales and of

those 3.2 kilos, 1.8 were fentanyl. eight by san francisco police officers that occurred during that period of time -- >> president cohen: the purpose of getting the status update of what is happening in the tenderloin, isn't so much about getting the data and the numbers to share back with us and we want to know you know the hotspots and taking that information that you've been sharing with us, and doing what

with it? and i want to commissioner burn who is driving this portion of our agenda and this initiative and see if he had any portions or he wanted to proceed with the data download. i'm going to tell you, i want to hear what is happening not fentanyl overdoses and i want to know if they do defer, what did you do differently. it might you put in a tough spot because you are in the position for only a year so really we need someone to have a lodge longitudinal.

let me pivot to commissioner. >> thank you foray again dieing this following up and captain, a few questions, were there any arrests for under the influence? not drug sales but just simply being under the influence from narcotics? >> there may be delay. can you hear me ok? >> >> wasn't able to find a record of that being the primary arrest, no, not from being under the influence. >> obviously, to anybody that goes into the tenderloin recently, things are better but can you tell us, i've noticed

what areas are there still open air drug dealing going on in the tenderloin? >> thank you for the questions and to president cohen's point the area of the open air drug market shifts from where our enforcement activity is focused. what i noticed initially was within the first few months of me being there and there was a large number of corridors but primarily the hyde street corridor was challenging and also along the lark am street corridor we found challenges to golden gate. now, one thing that instead of

just sharing, we've tried to layer our approach and focus arms force and not just sole' on narcotics and utilizing the strategies increasing our visibility through focused operations specific to folks without standing arrest warrants. and what i find is that individuals engage in illegal activity don't care if we're focusing on our products and if we're able to maintain and sustain our enforcements operations whether it's for fugitive recovery, standing arrest warrants, we have an ongoing and constant presence and it reduces the amount of the noticeable outdoor drug market so, i hope that addressed and answered your question,

commissioner. >> not exactly. captain. >> so i had an opportunity in the last couple of weeks once again to drive through the tenderloin and i noticed that there was at least this past week, the corner of golden gate and hide there were individuals and i was approached in my car and who apparently were going to offer me drugs for sale and i also noticed at the corner of levin worth and golden gate which is right by the tom mcgill clinic there were individuals there and that they apparently allegedly possessed drugs and i did not see any members of the place department and though it is better, there is still stuff going on and in particular, i know captain, this is in your injury is diction because it's across the street from your injury is diction the drug dealing is still going on on the corner of seventh and mission

street. so it would be the side in southern station and that is open as anything that went on in the tenderloin and i know you are not in the southern station but it is disturbing. the next point, captain, and i know sergeant youngblood has slides but you indicated to me in our conversations that you were concerned your officers were arresting a number of people for possession win tent to sailor drug dealing and you were arresting those people on more than one occasion. so, i was provided with statistics so apparently in the first three quarters of 2021. four individuals were arrested four times for drug dealing and

in the tenderloin and is that true? >> >> looking up what you have, yes there was a report produced specifically to repeat drug offenders that were arrested he has been arrested in 17 times on drug related offenses and he hasn't done a significant amount of time in custody and whether he has been found guilty of any of them and it's interesting. could you go to the next slide, sergeant? >> and this other repeat offender has been arrested 13

times and it's important to note that the arrest predate the current district attorney so i'm not -- i want to be clear in that but he has only done in custody and yet, he apparently and arrested three times in the first three quarters in 2021. can you do the next slide, please, sergeant. and this individual number 49, again, he obviously pro dates i want to be clear this pre dates the current district attorney. he was arrested 21 times and he is at least an hour to 54 days in custody over the 22 times and so the final slide sergeant. and this last individual has been arrested 14 times since 2017 and again, pre dates the

current district attorney and this individual has only done an average of one day and 16 hours in custody. so, you indicated to me officer, was there was a sense of frustration and a number of these people, apparently there's no deterrent for their actions and they continue to don't mind getting arrests and is that true? >> i think it's an accurate statement. it's frustrating to many of the officers that arrest the same suspect for the same thing and the same location. >> in any event, i wanted to finish and thank president cohen. the foot patrols are the most effective way deterring drug

dealing and dealing with the the community that lives in the tenderloin. the residents and the addicts that are there. would you not agree me. >> i think foot patrols are a very important method for increasing visibility and it will where the patrols are visible, yes. >> and it's easier for the officers to administer narcan when they're on foot patrol. is that not true? >> yes. >> and so, in finishing i would encourage those areas that i as a lay person see that the officers, because the tenderloin has gotten better.

also a fear where we are overdosing and can administer a call for ambulances and other services. thank you president cohen. >> i have a question for you, captain. with the person arrested that many times, for sure that he was referring to, how come sent to a drug treatment program or gotten some kind of help? is that not what you do in terms of staying in your -- what officers do? it sounds like there might be a gap in our support service. >> it's a great question. and i think it does identify a gap. whether or not the person arrests for selling drugs should

be receiving treatment or services for -- to be honest, i look at drug dealers quite frankly as those who are engage in an activity to make money and it's a market is the way i look at it. however, providing an opportunity for them to have an outlet other than that is something we can explore i think with some other city partners. however, i think it's important to note the difference between folks that are suffering from addiction related issues and those that are selling the drugs to feed those addictions. leveraging the laws that we have in place to enforce drug sales and i think it's our primary objectives and that is why we focus specifically on arresting folks that are selling drugs and when officers conduct that

arrest and find out it's an individual that has had some repeat offenses in the past, some better alignment i think could benefit the situation with our other criminal justice partners. >> one of the things i think that makes me unique, for being on this commission is i'm not a lawyer. i'm not trained or well-versed in the law. i can tell you where my training is, i have a master's degree in science and carnegie melon and public policy and management. and it's very well known and respected for being a data analysis-data driven university so my bachelors program was all about data, datasets and i'm hearing there's a lot of data that is ut there that the police department actually has and i

think there should be with all the data i don't hear an analysis and i hear a -- you kind of -- this agri gates the data and you are taking the large data saying ok and you bring it down in the smaller pieces but it's not really going through a thorough analysis. and because it's going to a thorough analysis we would be able to apply it to a specific strategy and we see consistently there's high fentanyl high fentanyl deaths so we're going to reach out to our partners and get we've got the data and there

doesn't seem to be a strategy. that's one thing i hear. the other thing i hear is that there's a trend. things are up and down and overdoses and they're obvious circumstances in the environment that will lead itself reasonable expectations, right. we saw decreases and when the pandemic hit and in one area and we also saw other types of crimes increase and due to the pandemic. i want to hear your philosophy. i want to hear why you believe this is happening. this is not a right or a wrong answer and you just happen to be on the hotseat tonight and this is why i'm addressing my questions to you and i know the chief is lining too and the chief gets these types of

questions. what is the strategy. you saw what happened last month. what do you think you will do this month differently or the future month differently and to clear the streets and to make them safe for pedestrians and safe for the children and safe for the seniors and these are the types of questions i believe that people are lining to hear and we got the data and then what and there's a gap i need the department to fill that gap. now, i have a theory, is that captain, when you signed up you weren't trying to be a data annalist. you wanted to serve san francisco and keep law and order. i respect that. what i constantly hear chief as i go into the budget, is that there needs to be a team of

annalist to take this data and apply it in a very meaningful way. and i thought that partnering with educational institutions and it helped us so we can have data driven policy and data-driven results and i think there's a fantastic talking point but we as a department are not living up to that. we collect data and we share it. it's not really informing, at least if it is, it's not communicated back to this commission and it's not informing foot patrol or fixed post or or any kind of what are

you telling them to look for and there are that's the detail i'm looking for. i don't care how they've changed over the month. i want to know, now that you know that the fluctuation and data changed, how do they keep it and look so that i think you need of is that others change.

i see commissioner elias in the lineup and see commissioner yee. i'll let the commissioner speak and we can circle back to you. i want to hear your thoughts. commissioner elias, the floor is yours. >> thank you president cohen. welcome captain canning. one question i had is it's my understanding that in your directing they're still doing buy busts which are where police officers undercover police officers pretend to be selling the drugs? >> it's a tas tick used by our narcotics detail, yes. >> that tactics the news in your

district for over a decade. that's fair to say, yeah? >> yes. they're from five to nine officers involved sometimes depending on staff on the day or the unit, is that also true? >> i know that that likely part of it but i think i should be very specific with with my officers i don't know what is happening by my officers and i do understand the narcotics detail operates within the tenderloin and but just in a peripheral view of the reports that i did that the data dump on and i will know it i have to

avoid is that the majority of those arrests were not with a buy-bust operation. it was with officers at tenderloin station that observed visibly themselves and uniform officers and made that arrest. >> well, that was my next question but i wanted to understand i remember when i used to read police reports with buy-bust they were five to nine officers on one arrest. because you would have the buy officer, the cover officer, sur veiling officer so they were all different kinds of officers involved in this one arrest. so it's more than a few. typically five to nine and my second question you touched on it was how many buy-bust arrests have been made in the tenderloin over the last couple of years because i asked for that data and i haven't been provided that. >> i'll be direct with you i don't have the exact number but i knew the review of what i

reported on tonight of a vast majority of those arrests were uniform police tenderloin officers because of the some of the things that you mentioned it can be a resource heavy operation and that is not a luxury i have with my staff. >> you saw the staffing chart and it's a concern that there's not enough staffing in tenderloin for people to be patrolling and my question is always been and i still don't have an answer is what statistics are there to show the buyback is defective deterring sales in the tenderloin and if we're talking about staffing shortages and resources, wouldn't be it wise to reallocate these undercover buy-bust officers that you are utilizing on one arrest and put them on patrol because according

to your answers, and the data you provided to commissioner byrne and his analysis and operations it's more valuable to have foot patrol and police patrol and presence there rather than these undercover operations that take a huge amount of officers off the street. >> you know, it's a fair point. i will say that as a tactic used in a strategic way, it can be effective at deterring specific trends in a very specific area. that is one thing that i do know to president cohen's point about analysis and deployment of resource and it's critical we do just that but to respond about the bid i have with my staff to conduct this much needed enforcement activity the layered approach i discussed before from the analysis of what trends

we're seeing deploying officers both visible and food patrols and also with strategic enforcement in areas that are most impacted by what we're seeing such as drug sales or crime elated issues has been impactful and helpful i think and so it's one thing i noticed while reviewing all the reports meeting tonight and it is important to note that it is valuable i see, as having more visibility and also enforcement in a way to deter the -- the areas that are saturated and suffering to these crimes and and find where it goes next and address it there because to the point i was trying to make when criminals make us seeing a arrest warrant arrest, they don't care what operations

layering that approach and sustaining those efforts is part of the strategy. >> it's great but if we can data on showing how these buy-busts have deterred or have provided it would be more row active than reactive meaning we have officers patrolling and there's no staffing issues because they're doing tactics that aren't yielding results in statistics. right. >> maybe can you find me the data on how these buy-busts for? >>

>> next speaker. >> thank you. i want to thank the police department in the tenderloin directing and commissioner burns for starting the ball rolling and i guess you can say close to six months ago it was the opposite and it was overrun and where people were ready and they're coming out out into the streets and residents have to go buy even when i drive down the hyde street corridor it's got i was in a different city so and i see that out there and hopefully

they're going to move and get some of these people in the needed service. also i want to thank the urban group and they're out there on a daily basis and i don't know if they're 100 strong and i can say we were about hide street corridor and they have dundas and i guess my question to the captain is in the that is a

regular component of my weekly schedule and i'm very fortunate to be in contact with of the localized block-by-block represents and that's some of the way to get the information that i get is from those relationships and clearly there are a lot of demands and expectations and the way i draft strategies around locations and times of the deployment of the officers that i have are from the information that i received from those community members so thank you and one thing i will end with is i realize that these deployments have impacts that are fluid. they shift from block to block and being a network of community

members that are engage with me and each other are helpful in crafting these strategies and layering our approaches not just of the police department but other practitioners and i'm glad you mentioned urban and they've been a valuable partner in the dough employment of our visibility outreach in the tenderloin. >> i noticed the probably on the a street corridor is that where you see the ship of the people moving from the tenderloin drug use over to age street and the mission area? >> you know, there's a noticeable my inauguration of folks one thing that i do regularly with my colleague

captains and particularly on the borders of the district is find ways to over happen the patrols and our visibility efforts and one thing i want to be clear is we're not trying to shift a problem somewhere else, but try and be coordinating the patrol officers that work for the tenderloin but my colleague captains, their patrols is to overlap those areas of assignments that hopefully we're able to address those fluctuations and migration quickly. >> i'll help you. thank you, very much, captain. >> thank you commission. >> thank you, commissioner. next next is commissioner hamasaki. >> good evening, commissioner. >> i think president cohen's

point was good and important which is, it ties to vice president elias' point which is i think most of us on the commission have lived in the city for a long time and understand the challenges of the tenderloin and i guess as far as i think your last comment was, we're not just, our goal isn't to push people from block to block, how do you decide which block you are going to enforce on and do you consider the impacts that has on the next block over, right, because as you stated, or at least the working theory is that if we're visible on one block, people will move to the next block and

and so is that decided by there's more families on this block and we're moving people to a more emotional or a quieter block, how is that decision made? >> it's a very question, that's made in a coordinated effort and i'll go back to the initial part of the presentation discussing the mayor's emergency initiative. there's a daily briefing with all of our colleague departments and practitioners and receiving community input as well as reviewing the information that we have in our crime reports and we're able to coordinate our efforts to address just those things and volume management is a challenge and capacity say challenge and one thing that we're finding is helping us be more impactful and coordinating our efforts with these community

partners and what is happening is that we are able to be more nimble than before but there's room for improvement in terms of our actual location of where tht takes place is done with a combination of three different things and i mentioned crime reports before, also the feedback that we received from community members and information during these daily strategy sessions identified as a key area of concern so that could also include other typically non law enforcement related issues perhaps there are issues related to our unhoused neighbors and trash and other things where folks are engage in this work feel unsafe and so they even might say we've got a

so in these huddle sessions we were able to come up with strategies that layer our responsibility and then when our practitioners are working they report increased we're able to escalate with our response and enforcement might it approach to that specific plot. when that happens it provides the support to our partner. >> commissioner, i think -- one

i'm in agreement there shouldn't be all of this activity going on and the tenderloin and i don't think it's fair to anybody and you are put in a different mange and in the police wheel house and commissioners, and did you see this on social media and a week or so ago and i don't know, 100 something people outside hundreds of drug dealers out in night and did you see that. >> i get a lot of reports from so it's probably one of the many

in my inbox. >> i guess, yeah, going back, it does seem like it's a hard position because it's until we address the underlying causes it's above all of our pay grades and with that i'll turn it over to the rest of the mission.

>> they each have a different goal and it helps answer the question about what happened and at the have large datasets to describe outcomes to stakeholders and that is like what you guys do on a monthly basis and telling us what happened on the streets and some level of analysis and i want to think about diagnostic analytics and diagnostic analytics help answer questions about why things are happening and this is a technique that is the supplement to the more basic

descriptive analytics and in the third one is predictives analytics and this is an interesting one because it helps answer the question about what will happen in the future and this is also alluded to in my remarks because the predictive analytics, the technique that is used incorporates historical data to identify trends and determine if they would recur and it can provide what happens when the future in the neighborhoods and the final prescriptive an a lit ticks that helps you answer questions about what should be done and this is what i want to hear and what you

you are going to be employing to bring down crime and prescriptive analytics uses insights from the predictive analytics offset and this is what drives a data-driven decision. it will allow the police commission an opportunity and not even just the commission, the department to make informed decisions and understanding we're making decisions in a whole world of uncertainty so that is given. >> commissioner clements: if it's getting eightdifferent outs different outcome. and, this is examples of different analytic tools.

it's probability an excel spread sheet and analytical tools that are out there and and progressive an scissor using a database but these are the things that i'm looking to hear critically so we can turn the tide and really be able inform drill down with precision about that will help us become a better san francisco.

>> that was helpful and i think what you were saying president cohen, is the actual answer that we're all looking for and l we scheduled this and put it on the agenda and the data stuff and as you explain it's broken into the four sections above my head and i'm just a lawyer. >> you are a lawyer. >> i am just a lawyer. here is what i do understand about it in trying to dissect that or translate it into what i believe is what intelligent-led policing and i believe if the department is able to make some

small shifts because i'm about to tell you what i believe, will be helpful for that. >> it doesn't matter how far you are going back but just the resit vest raid will give you a lot of answers and here is what you need to track. not just the recidivism. i didn't see or hear about race coming back off of the stuff and i want to hear what race data that you are collecting on these top offenders and i want to hear the location and the reason in

the tenderloin and i'd like to hear what if anything those individuals get charged with and don't stop me, i know you are going to say that the district attorney does this charging. i know you can go and class see what they get charged with and you just put the name in, of the individuals, you can follow the sf number and it will tell you and it will tell you if it discharged or there's no charging and then, you can also track if there's sentencing and i know that there's a big gap while they you can collect and track that and then to come back and say, here is the analysis that we over the past 30 days with these arrests. here is the information it's telling us that is an indication to tell you what you may want to do or to do differently because it's not enough just to have the data and if it's not connected or analyzed. that's the real problem and i think it's the takeaway from the conversations tonight when you

get and it's available and to the degree you came and you can't give people's names and and you can title it suspect one and two and throw and make it more transparent. the information can be used because then until we start reacting to the information i

just feel like we're throwing numbers at the wall. it's not what you are doing. it's translating it that beyond about what you guys are doing the officers are doing in terms of making the arrest because we know from the conversations last week some of the arrest data and detention data is troubling specifically as it relates to race. but that's not the end of the analysis and to the degree the beginning of the we have to be more specific about what the cause is and on the streets.

that's just my point by by focug it and with this body and the other law enforcement agency we collaborate with and coordinate with and work in conjunction with the city. >> i know i got on a role. >> >> you have a big agenda but i just want to weight in just for a moment. thank you president cohen about the conversation about data. data is important and data will drive our it is a best practice to have data annal cyst hired in our department and working on our stations and working various parts of the department.

the expertise you have going through all the elements so between you and director henderson, you are right on point what does the day and the city is partner with us and the tenderloin and we have a lot more work in organizing and getting the community involved in the things that we're doing and we are definitely connected with our partners and is it's connection, intervention and enforcement. police officers out there are

doing a great job preventing crime. when there's police presence the community feels safe and we can talk all day we have to address the fear of crime so having police officers present, and the department of homelessness and health right 360 and all our partners to get people help. so that's a big one. and the last thing i'll say is enforcement. yeah, you know, we do arrest people and it's one small piece of the pie and i don't see a department we should say no to arresting cellars and everything we arrested 120 drug sellers and

but you know what, we'll still do those drug sale arrest and what else can you do to help the sellers get off the and they sold those drugs to those individuals and let's help the our department can continue to do the work to make a difference. tonight we're talking about data and all we talk about what is our plans and we're adjusting our plan based on our successes and to bring us the information

so we can provide dgos or oversight to help institutional what you see on the street. we have your back. so thank you for your time this evening and the 500 drug dealers and they had been arrested and

that the police had arrested and then what happened to them, subsequent, i mean, we have these discussion and we drift and the universe i need a focus data driven from the commission itself and from public comment and just pick a lane and let's explore that and flush it out and then have a deeper narrative or shine the light where some of the gaps are in our systems and it's not trying to bash on the police and i'm just trying to focus the conversation because i see so much work being talked about here and i just want to connect the dots. that's where we missed out is by

not connecting the dots to do some of that work and again, i will finish with this and some of those dots can be connected easily and quickly and not with the high priced annalist but with a cadet running class on specific numbers or arrests that get made that can be done fairly easily or we can just give access to dpa and i will volunteer to do it for you and access it and we can work collaboratively. >> thank you, director. we have commissioners that want to speak. commissioner hamasaki. >> i appreciate that. i was just going to comment it. i guess deputy lazar, i don't see anything new about the plan and we've seen this plan and this presentation for my four years on the commission and you

are put in a position where there's not a solution because we've done the same thing for 50 years and at least in any 27 years the den der loin has stayed the same so there's a policing solution to a public-health crisis and at the same point, we need to discussion this discussion and there's items busy later and i'm going to end on this point. >> very brewly and people feel safer and we have a role we have to be out there we're there to make sure citizens and i remember you road along with our officers and you saw them

interacting with people in the community and there are a lot of successes, success stories that you are officers are involved in that do even make it to my level or your level and at the ground level, our officers have a good repour with people and they convince them to get the help they need so those are the great things that are going at. >> there's a good conversation and i'm glad we're engaging in this because i want to be a thought partner and finding solutions. one of the things that i do know very well about the tenderloin there's a large segment of that community is buy-in, indigenous, spanish is there, second language and what are we doing to bolster the resources to

support that community a and then be the real question being treatment obviously and one of the elements of a solution but when a person is arrested 27 odd times for drug sales there's an economic there, right and i know the chief has the project where we're working and reaching out to folks to partner with them and offer them mentorship and get them involved in services so they have a new track towards a career or something and i want to know whether that same strategy is being implemented in the tenderloin and we're offering some type of viable solution that is not treatment because drug sales have little to do and treatment has little to do with those that are driving drug sales. >> would you like me to answer that? >> yes. >> general rating solutions i think.

>> you bring up a great question and you bring of a great issue and the city funds dozens upon dozens of non-profit organizations all throughout san francisco in the community you serve in and in the tenderloin and one of the things we need to make sure that they're all involved in this solution and all the ones that you mentioned what the non profits can do to solve this problem and we need to focus in on that as well. that's one large piece of the pie in trying to solve what is going on out there. thank you for bringing that out,

absolutely. >> members of the public regarding line item 5, please press star 3 now. >> caller: the captain started talking about the director of emergency services as far as i know, she is just a safety officer. and when they're dealing with the emergency services, you give respect to our commander. they will listen to the mayor and.

the mayor says the have that have opened and the people come there and they can do drugs. they're not going to even ask them anything they're just going to give them help if they ask for help. is that the way you are in the city? all this conversation that you have is your intelligence. if you have an i.q. you could do what needs assessment and you can take the data and shove it down the co mode. it's not going to help us. it's nonsense it's been going on for the last 20 years. and right now it's worse. we have a lease on a building for 90 days so what happens after for 90 days, commissioners, what happens after 90 days. you have eye couple of people

that understand you are mentally challenged or addicted what's is the city doing on a high level, i said the last time, one floor has to be there so the community can be helped. i know the deputy and -- >> thank you. good evening, caller, you have two minutes. >> caller: good evening, president cohen and commissioners. wesley sabre calling again on behalf of glide you want to

ensure officers are being appropriately utilized and we heard the value of having and these issues it's linked and the cart is the result and own resolution and it called for the development of a more effective homelessness and the department responds with homelessness each year. it's a community initiative and first responders and role and development from the and it moves and utilizing and implementing a program that would better serve face barriers to engage law enforcement because of deep rooted fears and

stigma generated by their status and other jurisdictions including those in california piloted similar programs and it was by the board and funded and implementation of stalled political and this is why the commission needs to champion the implementation without your undoersment of a program that your commission called for to be developed and cart is in jeopardy so please, endorse cart. thank you. >> thank you, caller. good evening, caller. you have two minutes. >> caller: good evening. police commissioners. commissioner hamasaki cause brief and i thought i would expound because i think he noted exactly what police president was looking for and a set of evidence of that is aggregated from data and i don't think that

the tenderloin is unique and i don't think the tenderloin is her own and we have 50 years of evidence showing this and as commented, so, on june 8th and 2021, one point it illustrates this utility of the supply folks of the drug war and police commissioner hamasaki tweeted the police can't keep drugs out of heavily secured facilities what makes you think of 50 years of trying and billions of policing it will work now. or as he commented, on january 21st, on 2022.

>> it suggests these summaries of the aggregated data reliably show the drug war has failed. now, we have evidence of it and we don't need another 50 years of evidence of it and certainly we're not doing anything different today. so, i thank the police -- >> caller: thank you, caller. you have two minutes.

>> you guys just talked an hour about data and not having data. you have a 298 page report and commissioned by the doj and matrix consulting group. you need more police in the tenderloin and you need more police on the streets and as the commissioner, should you go read the matrix consulting group and patrol staffing is inadequate to handle incoming community generated workload by uncommitted proactive time and patrol being well below minimum levels and you need foot beat assignments and that identifies concentration and pedestrian activity and it says you need to combine certain times of non patrol proactive resources at

the directing level it was given to you guys two years ago and you chose to ignore it. in order to reach a 30% proactive level in the tenderloin, you need 65 more police officers in the tenderloin than you have. so take the data that you have and support chief scott in his team, and get more police officers on the streets. thank you. >> good evening, caller. you have two minutes and. >> i'm really concerned about what we haven't heard. i respectfully ask that the commission request that the captain share more crucial information beyond the number of arrests and it's quite an escalation from the most common interaction that's people have with police. we need to speak about specifics

and the den ter loin and how are they engaging the people and when are they making contact with people and why and moving with it doesn't. in addition, we have seen a study trickle of a much reported through the tenderloin emergency and related to warrants and to say they've arrested people and not for the use of drugs. obviously i don't know and it would be great to have a little bit more information. what does this actually look like on the ground. thank you. >> good evening, caller. you have two minutes. >> caller: yes, i'd like to thank the president for

acknowledging public comment. i really appreciate that. we really don't need more data. we know what is happening as commissioner hamasaki made it clear this is the same problem police don't solve it they move people around and they're more present and temporarily the neighborhood feels better and i wanted to echo what the who knows well and working in that area for a very long time. it's the repeat arresting, arresting and tying up the system and people that need help.

it's the same old story over and over again and the commission supported cart originally and you please put your voice behind it now and make sure it has a separate phone number from the police. thank you. >> my name is thomas osly i'm a assistant district attorney for several years and i was assigned to southern and tenderloin and i also live in the tenderloin and i work there now and and how many for a buy bust and when those operations are being they

were getting less than five days in custody and they're going to drug court and this data is not made in public if you look at the and another gentleman pointed out and they're not eligible for drug cord is there's no deter apartment and there's a gigantic way of city resources to do that and sfpd is making those arrests and they're doing a fantastic job at that and i do want to say thank you

to captain canning to chief scott and dc for all their hard work. thank you. >> thank you, collar. good evening, caller, you have two minutes. >> hello, yes, it sounds like not having a plan for flooding the tenderloin with police might not have been the you are on going and constant presence politicians nothing positive or lasting. police drain the city of precious resource and behave like violent buffoons. the communities that are safest have the most resources. housing, healthcare, education, jobs and safety can only succeed without your military presence. you immediate the city of the

opportunity for real change by cart and deprive us of the use of resources and space to provide support services. chief scott comes unprepared with data and wanting more resources and less transparency. chief scott, please do us a favor, gather your entire force and resign. this is a disgrace. >> thank you, caller. good evening, caller, you have two minutes. >> yes, so, i'm a healthcare provider and my second data an lit ticks so i'm aware of what malia cohen is talking about, descriptive, diagnostic, pro descriptive, first of all, you guys are asking too much of our police officers, they're trained to be cops. they're not trained to be data annalists and i know because it's my second career, ok.

you guys are not going to invest money on them, actually, on that analytics do ask them for prescriptive or diagnostic because they give you analytics and that has happened ok and as far as that is doing the job. if it's not going to arrest then you know, you know what, if i were a cop and i'm arresting people and all they do go s go back in the street, why the hell would you want to do it. i'm tired of paying property taxes on all so all those thaw spoke to today right now, you know what, you can pass on the san francisco right now and we're tired of it. i walked tenderloin 20 years ago by my women what is the salaries nor? we're tired. you guys need to do your job.

it's not working. it's either you arrest or it's either they go to jail or they clean up. that's it. make it simple. so don't ask for the cops to be data annalists because it's not their career. their career is to arrest. it's a job to charge and prosecute. and by the way,. >> thank you, caller. good evening, caller, you have two minutes. >> caller: hello,. >> i'm preferred bit facts so many variables we need to address here and i would like to

say to we are not analyzing it on a later difficult when it's difficult to different services [please stand by]

>> we all need to do better but when people demand more of the police department demanding we defund the police, it's complete insanity. the police will do better when they have better resources and that's what we're failing in when we are watching san francisco decline with our own eyes. i know there's few on here who are going to want to gaslight that but the fact of the matter is, it's worse now than it's

been in a long time. i know people commented they've lived here for 27 years and the tenderloin has always been this but it hasn't. it was a lot safer than it has been in the last couple of years. we need our police to be there to bring safety and we need our police to be able to make arrests and we need the arrests to stick and we need people who commit and when let's just take attempted murder and i can give you several examples and on the back end it's turned into a misdemeanor and let's just say some sort of so we need to fully

fund police training and fully fund programs that allow the police to use force that is not non lethal and they need to be trained. when you have more police and better training -- >> clerk: thank you, caller. good evening, caller you have two minutes. >> caller: good evening. i'm just calling into say what we're doing in san francisco is not working. i've lived in san francisco for a long time and we have just more and more drug dealing and it's not acceptable to people who work very hard to live in this city and i think the police are doing an excellent job but having said that, when the district attorney is not prosecuting repeat offenders. we're not reducing the supply in the streets and the district attorney's policy is definitely not healthy.

thank you. >> thank you, caller. >> good evening, caller you have two minutes. >> caller: thank you. i just want to -- i'm a lifelong san franciscan, born and raised here. i want to commend chief scott and the police department for all their efforts and their hard work that they put into troy too keep our city safe and they're focus on the tenderloin which is worse. i don't think you need a lot of data analysis to look at that. if you do data analysis, do it all the way through the court system in what appears to be a revolving door putting them back on the streets and only complicating the efforts of the police and i think you need to increase the police force and

increase their continueding and their presence and so they command the police department for all they're doing to keep our state while others are say throwing rocks from the sidelines and inappropriately so and not contributing to anything that would help the process with any positive constructive ideas is that will improve the system. thank you, very much. >> thank you, caller. >> good evening, caller, you have two minutes. >> this is felicia, since you are allowing people to circle back and speak. i just want to say this, that, you know, everyone is talking about san francisco police department needs more resources and san francisco police department has a $700 million budget.

the statistics -- >> i'm sorry, caller, we are not letting people circle back it's only one time per line item. i am moving onto the next caller. good evening, caller, you have two minutes. >> caller: i just wanted to bring up that that i had called before for a different line item. when she was saying people are circking back -- that is the end of public comment. >> president cohen: thank you to the public for their comment and their ideas. let me check in. do people need a five-minute

break before we get into the next portion? we're going to take a five-minute break and it's 8:40 and we'll resume at 8:45. we are in recess.

>> 3.01 and department written directives to discussion and possible action. >> president cohen: thank you, i want to pivot to commissioner elias, she's not back yet. let's the reason i was hand particular over to commissioner elias and i would her second chair overstone to open it up and start talking and when she joins us we'll invite her and give her the platform.

>> commission elias led the charge on dto and it's in large part due to her work that we've been able to get to this point and this document will control the procedure which we enable substantive policy going forward so it's one of the most important things that the commission has done in a long time and i salute commissioner elias for the leadership on this. >> president cohen: yes, we wanted to give you an opportunity to open up and frame this conversation. you put up an incredible amount of work in bringing to us this point so why don't you take it away. >> first of all, i can't do anything without the support of my fellow commissioners so i want to thank my fellow

commissioners for their support and help and moving this along. i also think that ms. kaywood and dpa, diana rosensteen were vital players getting this moved along with deanna liveroche and sergeant young blood and people don't understand the amount of work and heavy lifting that really happens to get these through the edits and all of this stuff. and i owe it to you and and one of the things that i am really happy about 3.01 is when i read the ripa report last week and some of the couple weeks ago, it was on last week. some of the recommendations and the ripa report were spot to

have meaningful police reform and our things that we're doing here at the commission with the help of our partners, ms. kaywood, director henderson and the commission staff. with that the document allows you to come in and giffin put and i think that i've addressed the policies with respect to how this new process will work and with that i want to move it over and turn it over to commissioner carter overstone with procedures how we get here. >> it's just to say to how we got to to members of the public

and our fellow commissioners who may not be up-to-date. last week we agenized this item and we went into closed session and we came out of closed session postponed a vet on this for a month or so. the reason for our postponement is because we were given information by the city's by the department labor negotiator about the department's application and confirmed process and that can go into detail about it because it's in closed session but commissioners, relied on those statements and after the meeting others flowed up and i did legal research into what the requirements are and under the impeccable stat duties and decisional law and found that for because it falls outside the scope of representation, the department actually has no

obligations as it relates to this dgo and the labor negotiate or to ask if she would point to any law that would support the statements that she made in closed session to my law whatsoever on point and to support her statements nor point to any law undermined the case law that i cited in support of the fact we need not delay and that's why it was put over for a month and that's why it's back on the agenda here today so that we can vote it into law effective immediately without further meeting.

>> i'm going -- >> president cohen: before we make that motion let's take public comment. >> thank you. >> for member of the public comment regarding line item 6, dgo0.31 press star 3 now. >> hello. >> you have two minutes. it's very important we practice inclusiveness and this is just another way of doing that and i want to thank all the commissioners for their commitment to police reform and because it is very, very important and this is what ofj

has always wanted and it's complete reform and inclusion and transparency and around another note i just want to say regarding the previous issue, today at one of our stations there was only one officer working for the entire day watch. that's problem at mick. it's very important that we really consider how we're going to utilize our police resources thank you all very much thank you to our police officers. >> clerk: that is the end of public comment. >> president cohen: do you want to take a crack. >> at this point, i'd ask my fellow commissioners to adopt

3.01dgo. >> president cohen: do i hear a second. >> i'll second. >> motions are made by carter and. >> on the motion to adopt djo3.01. [roll call vote] >> clerk: you have seven yeses. >> president cohen: thank you. this item passes. are there any other comments on this particular item? no?

ok. thank you. please call the next item. >> line item 7. discussion regarding the chief's notice of intent to terminate the mou with the district attorney office to investigate officer-involved shootings in custody deaths and use of force incidents that result in serious bodily injuries. discussion. >> great, chief. >> ok. thank you. >> hold on chief, before you get started. let me see if there are any commissioners that want to say any opening remarks. i'm glad it's happening with the commission. is it will allow us to ask questions and get a better understanding to the chief's desire and why he comes to the conclusion of pulling out of this mou.

and we will have a civil and professional conversation and with that said, i will go ahead and turn it over to you, chief, the floor is yours. and custody death and use of a force and bodily injury. immediately after notifying in writing and by phone my decision to terminate the mou and the spirit of full transparency i notified the san francisco police department and the public and the new media made my decision. before i go any further i want to emphasize to everyone that i do and always have believed in

my entire tenure as the chief of police of the san francisco of officer involved shootings and third and others used of force incident for those that may not be and vital role and implementation of the current mou if question and the proceeding mou agreed upon in 2019. with that said, i'd like to thank the california attorney general and his team from the california department of just advertise civil rights section for their consideration of my request and that the california department of justice and provisions to included at least temporarily a formal m outaouais with the san francisco police department to replace the sfda as lead investigative agency in criminal sessions of sfpd officers who are involved in incidents and custody deaths and certain specified uses of force

and that conversation is on going and has not been been resolved but i would like to thank the answer my call and having a conversation to help us get to a better place. i would like to thank the attorney general and his staff for your guidance involving acceptable option and confirmance with the recommendations of our collaborative reform initiative which could include agreements with other counties to fulfill the premise of in this investigations and of officer-involved shooting incidents and i applicable incidents involving sfpd officers. please note there's nothing in my decision to initiate the termination of this mou or anything stand north that letter to the district attorney nor my letter to the california attorney general, that calls for ending the practice of independent investigations of

criminal investigations of san francisco police officers involved in incidents covered by the mou. this is contrary to what some people have falsely claimed. after my discussions with the california attorney general and the staff, i'm confident that we can forge a path that insures independent investigations of covered incidents and your fairness and accountability for all entities and hoa and investigations and i want to talk a little bit about just my by this decision and i just want to talk about my tender at the sfbd that includes working with the women, men and non binary

members of the sfpd and to implement 245 of the 272 collaborative reform recommendation and drastically reduce ours of the force, pointing of firearm and officer-involved shootings over the past five years and it includes working with the members of the sfpd and and committing the new mou to continue working on the cri police reforms through 2024 to finish the remaining cir recommendations. in all, 21 of my 32 career, has been involved in helping to suspect successfully implement reform and there's much more on my reform to discuss than in the interest of time i'll move on. now i'd like to take a moment to restate the basis for my the basis for my decision is evidence and cor recognize race of violations of the mou that

reached a breaking point upon the women, men and non binary members of the sfpd and and a culture of communications and regarding the fairness and iiv decision and having and covered

incidents remains high throughout the sfpd and among many members of the public who depend on this process and to ensure that their investigations are investigated thoroughly and impartially if they're the victim of a crime classified as an sil ary crime. in the faceness and impartiality of the respect to investigations governed by the mou is what all san franciscans demand and deserved and could maintain confidence and police and criminal justice reform. to go into more detail. the sfda's office make it testify under oath she mislead brendan o'conner when she failed to inform you of an interview she conducted of a witness and an incident covered by the mou and the domestic violence crime in the same incident,

furthermore, i learned that court testimony that investigator failed to allow to participate in the interview and they had agreed and in doing so she violated the spirit and letter of the m outaouais. ou stated inparagraph b in the n titled sfda responsibilities, all these interviews related to the criminal investigations on a covered incident and sfpd investigators shall participate in an ask questions related to any ancillary criminal investigations and during such interviews and sergeant owe corn was act north good faith and the mou and he investigated agreed to interview together and the witness was important to the ancillary crime of domestic violence and the actions of the sfda's office impeded sergeant o'conner's ability to do his job properly and conduct a thorough

investigation. this is no small matter and to make matters worse, the investigation sworn testimony redeveloped her decision to mislead sergeant o'conner regarding the interview and withdraw any and all information about the interview and in her believe and her explanation based on many conversations and meetings of her supervisor and managing attorneys in iib and she testified that we don't share our investigative steps end quote. i testified that quote the understanding that i had in our unit that our investigative steps meaning the investigators was not a two-way street with the police department and they were to give us information and we would not provide that back to them end quote. when questioned further about a specific conversation about

sharing and not sharing information with the sfpd, investigator stated quote yes, so there was this discussion and it came up often because this was a contentious and filet and felt they should be a the mou agreed on a 2019 state and paragraph e and the section titled sfda responsibilities and to quote consult with the collection of evidence and this important mou provision and not followed by the sfda and withheld and still being withheld. also, please note that my decision to terminate the mou is

informed with the follow the office jack filet who was referred to and in the sworn testimony filed a civil lawsuit against the district attorney's office regarding very similar serious allegations after it was terminated by the sfda office and former lieutenant in the san francisco superior court and terminated at the disclosed and and also amount to coercion by managing ternes and included very single allegations regarding the sfda one way call to the mou. also, plays complaint and also his complaint raised serious concerns regarding one other iib investigation of a covered incident which charges were subsequently filed by the sfda's office and it was brought to my

attention prior to the testimony and also provided additional information that raises concerns about violations of the mou and doubts about the fairness and impartiality of the sfda office, the iid investigation of covered incidents. more information to terminate the mou. i have not followed some of the managing attorneys and investigators sworn testimony and the former lieutenant complaint against the sfda's office are still currently assigned to iib and furthermore, a series of e-mails, communications and chronological records of investigations have been brought to my attention corroborate with holding or delaying investigative reports that per the mou the sfpd is entitled to have and entitled to consider in order to conduct its investigations under the mou. another male communications provide evidence to support that

culture of one way communication exist as it relates to the mou and the sfda's office. this is consistent with the behavior and culture describes in her sworn testimony. the e-mails between the sfpd and the sfda's office and the chronological records include numerous incidents of documentation of unresponsiveness to e-mails or telephone request and untimely calls and they still to date the mou states they're entitled to have the public to state police use the force and officer involved shootings. the sports to the sfpd and at

the sfda definition to file charges and a covered incident. >> a series of written correspondents and e-mails and to supervisor attorneys and the managing attorneys at the sfda beginning february 21st. 2021, through october 22nd, 2021. >> i'm having trouble with the connection. please try again in a moment. and and number 200-612-194. both investigations involve officer-involved shootings,

covered incidents. the sfda announced charging declarations 2021. similar and separate written requests were made and the investigation and number 190845 the question for this material was declined by the sfda office via written correspondent stating in summary, quote, as it stands, the district attorney office is currently not in possession of any additional materials and the district attorney office will not provide any document in response to this request and under the disclosure of sfda investigative materials section of the mou, it states, quote, upon definition of

criminal charges or upon completion of all prosecutions related to the investigation, sfda shall review all of its investigative materials and provide all previously undisclosed materials and at its discretion any appropriate protective material end quote. and it also states quote, upon defamation of the criminal charges, or upon completion of all prosecutions related to the investigation, sfda shall review all of its investigative material and provide all previously undisclosed he have denture' materials and any appropriate protective materials to sfpd within 30 days. it's very hard to believe that the sfda's office can complete a covered incident without completing any investigative reports and investigative chronological records or any other analysis outside of reports records of investigation or analysis and evidence provided by the sfpd.

if those materials don't exist, the sfpd is entitled to have them unless there's a legal basis preventing discloser. it raise concerns about the sfda-iid investigative practices and one is left to assume the sfda's investigative practices and investigations slowly rely on sfpd investigations and evidence derived from them. if that is the case, the sfdaib investigations are not at all independent and nor are they in accordance with division and spirit of the mou and the case is reference there's been no legal basis preventing the disclosure brought forward to my knowledge and the sfpd does not have the sfda reports. ii did and man an not the

attorneys regarding quote, stalled end quote and and to date, this case was occurred in november 2019 remains open and sfda's iib use the force covered incident and this violates the investigative report section of the mou which bailed in part in my event the sfda and sfpd will complete the criminal investigation within six months with the governance and depend ong the complexity of the investigation and the fda will notify in writing, when it's investigation will take longer than six months to complete and

this section, this mou section has not been adhered to nor courtesy e-mails from the sfpd asking for investigative status updates. sfpd investigators have been ignored. these examples provide ago sample egg of documentation and evidence with a pattern of in evidence and s and just as investigator testified under earth. and fully understand the compliance and inherence to the mou which was meant to cooperation and exchanges of information and evidence where permissible between the sfda's office and the sfpd. the e-mails and examples that i mentioned corroborating the one way culture as investigator i testified are not all-inclusive. there are other examples which also supportive by the sfpd

e-mail documentation, written correspond apartments or investigative records. they cause an immediate collapse in trust in the investigations covered incidents by members of the and have critically spirit of what the mou and true police reform stands for. accountable and transparency as allowed.

and december 4th, 2020 a gland jury returned intimed and and on monday december 7th, 2020 is a clear and very serious violation of the mou and the mou requires the district attorney to notify the chief of police and time and charges filed against sfpd officers. the action by the sfda office difference the appearance that

the timing of the press release and over living up to the mou and making prompt notifications to the chief of police. the press release is december 7th, 2020 at 11:05am through the e-mail send from the da's office announcing to put this into context regarding indictments and sfpd officers are so important, i will screen what is notified of an indictment of criminal charges to be filed against a sfpd

officer. charges filed against officers are sensitive, serious and very important matters that must be handled with professionalism and urgency. and employee wellness measures and after the sfpd notified of charges filed against an sfpd officer by any other charging entities and the measures include but are not limited to,

and prohibited from conduct moving forward and the officer is immediately offered support from the department behavioral services to address officer wellness issues and mental health needs and five, notification are made to the officer's peers to ensure they have time to address their wellness needs and to ensure that the peers of the indicted have had time to mentally process the news of the arrest or indictment before they engage with members of the public as they discharge their duties and responsibilities. this measure is particularly important if the charge officer or indicted officer is on duty and in the feed at the time the sfpd is notified. these measures are necessary and vital ton sure proper professional handling of the situation and to ensure the public is not exposed to an on duty sfpd officer under grand jury time or an on duty sfpd officer with the san francisco

district attorney filed charges against. i can only imagine that the public displeasure and unfavorable reaction if the officer had not been involved in an officer-involved shooting that resulted in the loss of life within the throw days between the da's knowledge of the indictment and the untimely notification to the chief of police. this is no small matter. this is unprofessional and this is an unprofessional and untiming notification and a serious violation of the mou that cannot be tolerate and in this instance, because of a lack of a note indication to the chief of police, the officer was not disarmed or moved from a patrol assignment until throw days after the indictment. all the evidence of the factors of intentional mou violation occur on december 14th, at 3:19 one week after the untimely notification on december 7th, and the december 14th, 202, incident, i was notified by the

district attorney office that charges have been filed against officer terrance spangle regarding the use of force incident covered by the mou and after the office had been asked by me a week prior to comply with the mou and make prompt notifications to the sfpd police chief when an officer is arrested or indicted. they have been provided an explanation and the reasoning why prompt notifications to the chief of police are important one week prior and they received a news row less from the office

and in fairness and transparency the notifications from the district attorney's office have improved since the december 14th incident. i want to note that. these examples provide ample evidence supporting my decision the lack of mou compliance by the sfda's office combined with investigator sworn testimony and combined with the similar allegations raised by the complaint filed by the former

iib lieutenant have catastrophically damaged the confidence among the women, men and non binary members of the san francisco police department regarding the resulting criminal investigations of sfpd members and covered by the mou and immediate action was necessary to forget this on going behavior by the sfda's office and a alternative in the investigation solution as well as a long-term solution is needed and to truly capture and live up to the spirit of fairness and transparency for the public and victims offender and persons having forced use against them and the involved officers. i'd like to emphasize and i'm criminalled to criminal investigations of sfpd officers in an officer involved and other

specified use of force incidents and i have discussed this matter with the california department of justice and i have requested their technical assistance, guidance and intervention and i'm also requesting intervention involvement and oversight of this process from the san francisco police commission so we can find it temporari' and a permanent solution that includes a renegotiated mou and that teachers long-term accountability measures for all involved parties and i i have requested the doj to assist with the process mediation from the doj to settle. immediate ache and make transparent to the public all mou disputes and their resolutions and including accountability measures employed and i want to thank our city attorney david chiu who has offered his assistance in helping to resolve this matter

>> president cohen: thank you for your thoughts. i have a few thoughts i want to share with the commission as well? so, the chief's withdrawal from the mou of the district attorney is obviously an important matter. effecting public safety. the commission has heard the outpouring of concerns from all parts of the city and we intend to take up the issue tonight. but at the outset of this discussion, there's a couple things i want to communicate. the mou is still fully in effect. the chief's withdrawal will not be effective for another two weeks. i will like to remind the

department and district attorney even setting aside the mou the district attorney and department have free standing independent obligations to the department of police accountability and the sheriff's department, the city attorney for the public defenders office and these obligations exist independently of the mou and i expect that they will continue to be observed. so it is an interesting point i want to bring out. the third point really is that we need to find a way to come back to the table. it's been a week. i am hopeful that fuller heads

were prevail. and. >> if you have not seen the letter and i ask that if young blood post that to our website and members of the public can follow this conversation and we have to remember that the san francisco police department needs to maintain some kind of independence for investigations. in order to remain in compliance with the united states department of justice. [please stand by]