tv Police Commission SFGTV February 21, 2022 4:00am-7:01am PST
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if there is a critical incident, are you willing to take responsibility that there was no m.o.u. in place to ensure a fair and independent investigation? >> i believe i understand your question, and yes, commissioner, i will take responsibility for any decision that i make. and i will say this: the district attorney has made it clear that he intends to conduct investigations, and we will cooperate with the district attorney like we always do and always have, and make sure that that happens. but to answer your question, yes, i take responsibility for any decision i make. and i am in this to hopefully do my part to make this situation and make this situation what it's supposed to
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be. we cannot have violations of the m.o.u. i will go back to what i said previously, and it is dependent upon the sharing of information in the m.o.u., and that does not happen, particularly when it does not happen. it doesn't madam speaker how it played out in the long run. what matters is the process is not seen as fair.
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it's not a small thing for intentional violations of the m.o.u., and again, my purpose is to do what we can to make sure that we have a document that calls these types of things out, and there's accountability when they happen for us, for the district attorney's office, so you can get to accountability and what this process is designed to do. so i hope i answered your question, but i just want to reity rate that this is not a small thing. that keeps getting passed around, and the district attorney has put that out in
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the public, and others, and it's not a small thing. ask them whether it is a small thing. >> great. thank you, chief. those are all my questions. >> thank you. >> president cohen: all right. next up, we'll hear from commissioner yee. >> commissioner yee: thank you very much there, madam presence. chief scott, you mentioned earlier that you're now sitting at the table with the district attorney. is that correct, on the restricted m.o.u.? >> that is correct, commissioner. >> so do you plan to sit with them on this coming friday, is that correct? >> the first draft of the
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interim agreement, in the event there's no m.o.u., we're working through the department to make sure that there is a first draft, and we will discuss it on tuesday. >> commissioner yee: you hope to have a tentative agreement within the week, is that correct? >> well, we're going to do what we can on the other issues. the police department is giving its list of what the major issues are to the attorney general's office, i can't speak for the district attorney. i know he's going to make an effort to do that. i know we've given ours, so we're ready to, at least from our end, have that discussion about the things that we hope to resolve.
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>> yeah. just going back to what john sam ahacky said, i guess how do we get back to -- john hamasaki said, how do we get back to before this happened, and the date, the 23, where it's expected to expire, i guess what i'm looking at to maybe reconsider to move this out to 30 days or whatever it is, do you think that will give us enough to have escape this impasse on this m.o.u.? >> i'd say i hope so. i mean, what's on the table right now is make sure we have
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something in place if there's the worst case scenario, no m.o.u. we're going to work to address these issues, and what i expect, honestly, is whatever the district attorney comes up with, we'll have to look at their grievances and address those, as well. but i think going back to what commissioner carter oberstone -- we're not -- we're looking at we should be doing these things, too. to answer your question, we're going to move as fast as we
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can. >> commissioner yee: so this m.o.u., i guess we have differences on this agreement. looking at the mediation, i guess, that's brought you guys in right now, or the attorney general and the city attorneys, do you see a progress going forward? >> i do, yes. i honestly do. >> commissioner yee: okay. well, my recommendation would be to continue it as 30 days out. i think we need the mediations. i think if you feel it's moving, i think we need to continue that, and making sure that we have confidence in the m.o.u. and making sure that police accountability is in place, and as commissioner
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carter oberstone has stated, making sure that we're not left with nothing there that is -- especially if there's a major event where there is a police involved shooting death, so we have our process in place, but it's something i feel we truly need to have. so i'll give it back to the rest of the board and our commission. >> president cohen: thank you, commissioner. next, we'll hear from commissioner yanez. >> commissioner yanez: thank you, madam president. chief, i just have a couple of questions. you know, you participated in developing this m.o.u. from the outset, and language was included in there about information sharing that, at that point, made sense, right? and i believe this all came to
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light based on a different opinion and interpreting that m.o.u., right? unfortunately, we only have this side of the story and what's come out in the media that's kind of created a bigger storm than we have right now, although we needed the rain. and what has happened, you know, you mentioned, when you first told us about skeg this -- about scheduling this issue that came up about the morale and the police officers -- and i want to remind us that this morale issue in the police department has been there for long before this m.o.u. so that we're clear that maybe
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there's -- you're hearing or maybe officers are bringing things to your attention specific to this m.o.u., creating a trust issue, but the morale issue is very different, and i want to be sure we separate those two. to make a decision to unilaterally cancel that m.o.u. based on that decision that you own right now without the process of this collaborative reform initiative kind of mind said and spirit, you know, now, we're at this place where we, it seems-like, are pretty clear, and i'm not speaking for everybody on this commission,
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but most people on this commission wants to preserve, at least this commissioner wants to preserve the m.o.u. because it had an impact. the m.o.u. being in place alone served as a deterrent, and moving forward without something in place is unacceptable, and i'm happy that you're moving in place to preserve some level of accountability, but we need to make sure that as we delve further and move forward, that we accept that if an m.o.u. was created with certain conditions
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in place, that once a misunderstanding or a different interpretation of the language that comes up, that we address that issue. and from what i'm hearing now, the issue is more than just information sharing. the issue will be a myriad of other things that we're not privy to unfortunately. but ultimately this agreement in place was working. there are challenges with it obviously that can be resolved, and glad that there is a group of speertess at the table with you. and i don't want your officers or -- expertise at the table with you, and i don't want your
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officers requesting, encouraging, almost demanding that we keep this m.o.u. in place with us not supporting you at a chief of this police department or conflate that with us not caring about the officers and the fact that they do one of the hardest jobs in this city. and with that, all i want to do is encourage you to reflect on that and move forward with the best interest not solely of one or two or a group of people that may have encouraged you or propelled you into this reactionary decision, and that you listen to the voices of a lot of reason here, and we continue to hammer out
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something that worked for your department, for the district attorney's office, more importantly, or the residents of san francisco. thank you. there were no questions there. >> thank you, commissioner. >> president cohen: thank you very much. i'm going to skip over you, hamasaki, and go to cindy because she hasn't asked a question yet. >> vice president elias: it is a question. i think commissioner yanez and commissioner carter oberstone really addressed it, but i think just to be clear, chief, we as a commission also want a fair process. i don't think our intent is to create an unfair process.
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moving forward, how is it going to be addressed so that you're involved in the conversation and are privy to investigation? >> president cohen: before we move forward, i think that's something we should be taking up. as they're tweaking their m.o.u., we should be tackling our d.g.o. as it regards to when a chief can pull out of an m.o.u., the required notification that needs to happen, the conversation, the due diligence. that's definitely something that we can own, and will own. this is a learning lesson for
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all of us, right? there's room for us to step into this space and strengthen or fill in the gaps, and one of those is the decision making power. so i just want to take that question and own it because that's actually right there in our wheel house, and i actually have a couple of ideas around that, too, that we can discuss. >> president cohen: chief scott, do you have anything that you wanted to opine? >> yes, thank you, president cohen. thankfully, there have been some ideas already presented by the attorney general, really, from the on set that i believe will help address this issue, and just hearing president cohen's comments, i think whatever possible -- whenever
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possible, we can move forward, but we need to have conversations confidential, but i really appreciate those comments over those suggestions, and i hope that we can put them to fruition, and when i'm giving the opportunity, the okay to talk more about that, i will do just that. but i -- i believe it addressed some of what you're saying. >> vice president elias: great. thank you. >> president cohen: okay. yep. commissioner hamasaki, you're up, and then, we're going to hear from public commenters. >> commissioner hamasaki: okay. you know, i wanted to make one other point that i had written
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down earlier and forgotten about, that you think a lot of these comments arise from a different understanding with the departments that -- the department's being investigated, so i know that you have been saying that it needs to be a two-way street, but chief, if you were vehicling somebody for criminal conduct, you're not in an information sharing arrangement with that -- if you were investigating somebody for criminal conduct, you're not in an information sharing arrangement with that person. i think that's why the comment about the end of prosecution or the decision to end the case, that certainly information would be turned over then.
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and i think a lot of the concerns seem to come from the idea that the officer under investigation or the department or his supervisors or his seniors should have access to the investigation, but logically, and within the confines of our legal system, that's just not how we generally do that, and that's not how you do that as an investigating officer, right? >> commissioner, that's right. and so let me just -- let me just clarify a couple of things, and thank you for bringing that point out. this letter was sent to the district attorney, and this is based on some of these issues that we're talking about. one of the things in this letter says, sfda, and this is at request of our police department, should provide a
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>> commissioner hamasaki: -- out of respect for, i think, your members who will be calling in, and i don't know if other people will be calling in, but i would like to move on from that point. i just wanted to raise -- >> sure. thank you. >> commissioner hamasaki: so thank you, chief. and then, i would like to make a motion, based on commissioner yee's statement, that we
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main -- direct the chief to maintain the m.o.u. for 30 days. i think that would be the prudent path forward, and then, if a memorandum or a letter of intend -- intent is reached, then we can address it at that time. but i think commissioner yee is right, if you have 30 days, you folks can work on it, get it done, everybody can kind of take a step back, take a breath, and at least we're not necessarily having to call a special meeting when we do have everything here tonight when we don't know if that's going to happen at a later date. >> president cohen: i'm definitely not in favor of that
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motion for a number of reasons, and i believe every commissioner would make it their priority to be here in an emergency meeting. i haven't talked with every commissioner, so i don't want to be in violation of the brown act, but there is a process that you heard that is in place tonight. that process needs to continue to mature and unfold. we're talking about a difference of a week here, so i just want to be very clear that i am not in favor of this in this motion. i hope it does not go forward, and that we allow the attorney general's office to continue to mediate. >> commissioner hamasaki: maybe i misspoke, president cohen, but all it would do would maintain the m.o.u. until they reach a letter of understanding. so it's not impacting what's
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taking place within the meetings that are taking place. >> president cohen: well, commissioner hamasaki, you're a master of negotiations. if there's a back door or an escape, people are use it. we don't want to give them that back door. what we've discussed, a lot has already been said. >> commissioner hamasaki: i don't know what you mean, press cohen. >> president cohen: okay. anybody else want to comment? >> commissioner hamasaki: i guess, what would be the harm in keeping the m.o.u. until they reach the letter of intent, which is the plan? or actually, you know what? why don't we actually open it up to the commission for discussion? >> president cohen: before we do that, we need to hear from director henderson. he's been waiting.
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>> commissioner hamasaki: well, he can wait. he's not a commissioner. there's a motion. >> president cohen: you're right. he is not a commissioner, but i asked him to wait until every commissioner spoke until it was his turn to speak. it is now turn to speak. >> i just want to say, i know we've had a lot of discussion here, but i wanted to point out something here: that i would encourage the parties that are still at the table to address some of the inconsistencies that have taken place in the past to address that, but this is an opportunity. if there's going to be a new m.o.u., that it is more clear, more defined, more specific, has some sort of independent oversight or specific. it is my strong suggestion, and
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i hope that i am supported in this, not just from the commission but from the parties themselves, that d.p.a. either be at the table specifically or be intentionally included in the understanding or the agreement in case it has not been made clear -- agreement. in case it has not been made clear in conversation from the past, d.p.a. is the only department mandated to be involved in officer involved shootings, and to the agree they are involved in this process, i think it's important to recognize the role that civilian oversight plays, and it's part of the same mandate and significance that i think that the commission operates under every day. i do think that it is absolutely relevant that we
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don't miss this opportunity to address the deficiencies of having individual m.o.u.s from the district attorney to the police, from the police to the district attorney, and from the police to the d.p.a. i think there needs to be shared evidence with regard to that process. it's not lost on me, and i'm sure it's not lost on the public that in many instances when there are officer involved shootings, d.p.a. is the only agency that comes up with accountability, sustained cases, and/or the follow up that leads to both transparencies and accountabilities in ways that we have not found in the past
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in the criminal lanes of accountability and sometimes in the civil lanes of accountability. i think that the work that gets done in the d.p.a. is valuable. i just don't want it to get short shrift no, sir be left out of the conversations to come as we work out a remedy. i would say this is something i feel personally responsible for at the d.p.-a. the work that we've done, the first sustained case for accountability from an officer involved shooting came while i had been at the d.p.a., and i don't want those opportunities to be left behind in the conversation to address something knew and clear, and i just wanted to articulate that and to make sure that people
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were including that in their conversations as we move forward. that's it. thank you. i know i don't get a vote, but my opinion matters, that perspective matters. it's part of why i'm here. >> commissioner hamasaki: we're on an issue here, though. >> totally understand. >> president cohen: so listen, in the event -- i'm not looking to -- certainly not looking to give the media for fodder, and i'm certainly not looking for a fight, certainly not with hamasaki, perhaps i can offer something of a conciliatory officer. a motion for the chief of police to negotiate an interim m.o.u. until they can negotiate a new one.
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i'm willing to meet halfway. although i'm not interested in a vote, i'm willing to meet you halfway. >> commissioner hamasaki: so the problem is if you're asking them to negotiate, they're already negotiating, right? and so what if the m.o.u. lapses? and i think that's what you expressed last week, every commissioner on here expressed that we cannot let the m.o.u. lapse. and so whether it's a -- i was just following commissioner yee's lead on that, but president cohen, you say a 15-day one until our next meeting, i think it would be 15 days. that's final. i'm not -- >> president cohen: if i hear you correctly, you're concerned with a lapse. what i would propose is if a lapse should occur. i don't believe a lapse would occur, but if this would give
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you comfort, it would be giving permission for the police department to negotiate an interim m.o.u. while negotiating another m.o.u. >> commissioner hamasaki: i guess i'm not understanding how that stops the m.o.u. from lapsing? >> president cohen: say it again? >> commissioner hamasaki: i'm sorry, president cohen. i'm not understanding directing the chief to negotiate -- like, a negotiation can take months, and what if the m.o.u. lapses -- if it lapses when i'm out of session. and i'm in l.a. -- i know you said we can be available -- >> president cohen: the interim agreement that i'm proposing would cover in place of a lapse, but let's be clear, i'm
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offering this in a conciliatory agreement. there's nothing in place, the mediation is continuing moving forward. i don't believe everyone is prepared to make a vote tonight. >> commissioner hamasaki: i don't believe anybody said that, but i appreciate you directing the conversation. >> president cohen, if i may be heard? >> president cohen: absolutely. >> maybe declaring an emergency meeting next wednesday --
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>> commissioner hamasaki: i'm not available. >> but i think preparing to do that is the best way forward. >> commissioner hamasaki: yeah, the issue is i'm not available on wednesday. >> president cohen: well, commissioner hamasaki, we know you want to be available, but we can still conduct business of this body because we'll have a quorum. we know that you, more than anything, how you feel. you have weighed in. i will schedule a meeting for next wednesday, an emergency meeting of the police commission to take up this one
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issue. sergeant youngblood? >> clerk: yes, ma'am. >> president cohen: commissioner youngblood, let me ask you something to accommodate the schedule as commissioner hamasaki said he would be available on tuesday. would we be able to meet on tuesday or does that affect the other regularly scheduled broadcasts that are already scheduled for tuesday? >> clerk: i might have to defer to the city attorney and then also contact sfgovtv to find out the logistics of doing that. >> president cohen: that's what i was thinking. what is next wednesday's schedule looking like? >> clerk: we -- the commission
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office is not -- is open next wednesday. >> president cohen: excuse me? >> clerk: the commission office is open next wednesday, on the 23, and is available. >> president cohen: so i think part of the problem with tuesday is i think it's just going to be on going negotiations happening on tuesday, so wednesday is probably going to be the best time to have this emergency commission meeting, so i'm going to go ahead and direct him to have this meeting on wednesday, february 23, which is the same day that the m.o.u. is set to expire. so let's be prepared to come and vote if necessary. alicia cabrera, i see you joined us. is there anything that you wanted to opine on this matter? >> no, i turned my camera on
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because stacey mentioned it's something that we have to check in with sfgovtv regarding those details, but there's nothing legally preventing us from scheduling a meeting next tuesday. >> president cohen: okay. let's say this. we will schedule a meeting either next tuesday or wednesday, and we will wait for sfgov to tell us which day would be best to broadcast this meeting. >> commissioner yee: madam president? >> president cohen: yes, commissioner yee? >> commissioner yee: that is to meet if they have not reached an agreement on the m.o.u. >> president cohen: yes. [please stand by] streets.
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>> (speaking foreign language.) >> i wanted to wish you a best wishes and congratulations the community has shifted a lot of when i was growing up in the 60s and 50's a good portion of chicano-american chinese-american lived in north beach a nob hill community. >> as part the immigrant family is some of the recreation centers are making people have
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the ability to get together and meet 0 other people if communities in the 60s a 70s and 80s and 90s saw a move to the richmond the sunset district and more recently out to the excelsior the avenue community as well as the ensuring u bayview so chinese family living all over the city and when he grape it was in this area. >> we're united. >> and growing up in the area that was a big part of the my leave you know playing basketball and mycy took band lessons and grew up.
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>> (speaking foreign language.) >> allergies welcome to the community fair it kicks off three weeks of celebrations for the year and let's keep everybody safe and celebrate the biggest parade outside of china on february 11th go best wishes and congratulations and 3, 2, 1 happy enough is enough. >> i grew up volley ball education and in media professional contrary as an educator he work with all skids whether or not caucasian hispanic and i
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african-american cumber a lot of arrest binge kids my philosophy to work with all kids but being here and griping in the chinese community being a chinese-american is important going to american school during the day but went to chinese school that is community is important working with all the kids and having them exposed to all culture it is important to me. >> it is a mask evening. >> i'd like to thank you a you all to celebrate an installation of the days here in the asian art museum. >> one time has become so many things in the past two centuries because of the different did i licks the immigration officer
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didn't understand it became no standard chinese marine or cantonese sproupgs it became so many different sounds this is convenient for the immigration officer this okay your family name so this tells the generations of immigrants where they come from and also many stories behind it too. >> and what a better way to celebrate the enough is enough nuru with the light nothing is more important at an the hope the energy we. >> (speaking foreign language.) >> relative to the current
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administration it is, it is touching very worrisome for our immigrant frames you know and some of the stability in the country and i know how this new president is doing you know immigration as well as immigrants (fireworks) later than you think new year the largest holiday no asia and china those of us when my grandparents came over in the 19 hundreds and celebrated in the united states chinese nuru is traditional with a lot of meaning. >> good afternoon my name is carmen chu assessor-recorder i
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want to wish everything a happy new year thank you for joining us i want to say. >> (speaking foreign language.) >> (speaking foreign language.) >> i'm proud to be a native san franciscan i grew up in the chinatown, north beach community port commission important to come back and work with those that live in the community that i grew up in and that that very, very important to give back to continue to work with the community and hope e help those who may not be as capable in under serving come back and give
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>> we are having a video format of the meeting today broadcast on sfgov tv. the meeting is open captioned, sign language interpreted, and we will be spotlighted the speakers we have several spoken languages available including cantonese, vietnamese, and russian. translators are available in separate interpreting rooms. if you click on the icon to
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