>> president cohen: good evening, ladies and gentlemen. i'd like to call this meeting to order. it is 5:41 on march 2, 2022. this is the regularly scheduled san francisco police commission meeting. my name is malia cohen. i am president of this commission, and to my right is commissioner cindy elias.

also want to recognize commissioner byrne, commissioner yanez, commissioner yee, and commissioner carter oberstone. and we also have joining us chief bill scott as well as executive director paul henderson. ladies and gentlemen, will you please join me in standing up and placing your right-hand side over your heart and saying the pledge of allegiance. ["pledge of allegiance"] >> president cohen: thank you very much. sergeant youngblood, i turn the meeting over to you. >> clerk: thank you, president cohen.

i will call roll. [roll call] >> commissioner carter

>> clerk: line item 5, 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 record, and commissioners' reports. commission announcements and scheduling of items identified for consideration at future commission meetings, action. >> president cohen: thank you. so commissioners, i just want to inform you that i have tendered my submission as your police commission, which is required when you tender your candidacy for a state elected office, and i will be filing my

form to run for state controller for the 2022 primary. so as required by the charter of the city and county of san francisco, i must leave the commission and cease serving as president. in leaving, i want to reinstate my commitment to community service when i was appointed to serve on the commission by mayor breed. it was something that i never expected, or quite honestly, something that i never aspired to do. but i was called, and i was happy to answer the call. in july 2020, i pledged to push for greater transparency and accountability in order to build a culture of trust between the police and the community. i think it's fundamental to build a culture of transparency and accountability in making sure that we're moving towards progress towards the 272

collaborative reform initiative recommendations, and it's no secret that these -- that this -- the clbttive reform is a road map for implementing reform and enhancing part inspectships here in san francisco. so with that said, i'm very heartened by serving on the commission that a number of recommendations that are in substantial compliance has risen from 78 to 242. it's been a joy working with the staff and the chief within the department, but there is a lot of work to do. you know that, and there's

still reform measures that need to be put in place, and we have to work out the m.o.u. between the district attorney and the chief, the police department. so there's an ancient chinese proverb that says a journey of 1,000 words begins with a single step, and i believe we've begun the long journey by taking the first step to police reform. we took steps with the community in passing prop g in 2016 and establishing the independent committee of police accountability. i look forward to the future, and i look forward to you being able to produce more of these audited, audits that are

implementable and you tainable. one of the things that i'm learning to appreciate is moving audit to action, audit to action is really what we're about and making sure that we're responding to the community needs and what what officers need each day that they serve us. each day, progress has been made that are part and parsing of these very important and critical recommendations. these have implemented new reforms in policing. i understand we don't live in a perfect world, but we've made progress here on this commission, but progress doesn't happen overnight. it requires an open mind and

sometimes an open heart. it requires me working with the people on this commission, working with the chief and his staff, working with director henderson and his department, the department of police accountability. there has been willingness to address the difficult challenges of police reform with three -- frankly with a renewed dedication that was brought on with the protests from last summer. we've honored our work, we've been disciplined to the rank-and-file of the san francisco police department. i appreciate you guys giving a hand to our regional law enforcement officer, and one day, i promise that we will get the attorney general to one of

our police commission meetings, but we will continue to build on the police, and we will continue to build a police force that's committed to public safety and reform. commissioners, i just want to thank you for answering my text messages early in the morning and late at night. vice president elias, you were particular, especially when i was early in my motherhood walk, particularly in allowing me to go off and nurse the baby and come back, and she will be perfect for this leadership commission, and with that, i will say thank you. so that's it.

>> vice president elias: oh, president cohen, that's not all. allow me to jump in and say it's a very sad day, but it's a great day because i know you're going to make a great controller, just like you were a supervisor and president of the police commission. i don't think people really understand the hard work and the dedication that you have taken on in terms of the police reform efforts. you started this project way back when you were a supervisor back in 2016. you created the 96-a report, which we all know and love, but i think people don't understand that there was no welcoming of the reform effort. there wasn't an audience who wanted to hear some of the criticisms that the police

department had, and you transformed the department, providing more resources and enforcement abilities to d.p.a. so that they can do their job effectively. and not only that, i think that you endured a lot of criticism and unkind words for your efforts in trying to push this forward. also, on a personal note, i'm here because of you. it was supervisor safai who is the gatekeeper, but before i could even go to him, he said i had to get through you, and you were the other gate keeper.

you were diligent, and you did your research, you googled people, you found out stuff about them, and you questioned them on the fly to see how they would react. but more important, you really vetted them to ensure that their dedication to police reform, transparency, and to ensure that the mending of the hurt that was happening between the public and the police was there. you have taught me a lot over the years, you've taught me a lot about leadership, and you've been a great friend. and people can see how, when you took over this commission, how the divisiveness, the trends of, you know, going to a commissioner that would be favorable to you rather than dealing with the commissioner that is assigned, you ended that practice, and you made this a cohesive unit, and you

showed each of us respect and ensured that when the department didn't like an answer from a certain commissioner, you would not undercut any of us. and for that, i am eternally grateful, and for wrur mentorship and guidance, and it's really sad for me to see you go, but i'm excited to see you will be our next state controller. thank you for your service, thank you for all you've done, and thank you just for me. >> president cohen: thank you. i actually really appreciate that. i didn't think i would get so worked up about it, but this commission, this work is important to me, and i never thought that when i was serving on the board of supervisors that i would end up here. i've had a hand in shaping the legislation. it's been rewarding and

challenging. i've met a lot of interesting people, people who have identified themselves as leaders. i remember when rob o'sullivan was captain the bayview station, and lozar was captain of the ingleside station, and henderson was a lowly d.a. in kamala's office -- i don't mean to say lowly. but this has been certainly a labor and a passion project, but that said, i don't want to be here all night, so we can continue to -- we should move on, but i am very grateful. for those of you that are just wondering, my last day is going to be tomorrow at noon is when my resignation becomes effective, and that just allows

me to finish up a little bit of wrap up with sergeant youngblood. and i recognize the chief has a few remarks that he'd like to say. thank you. >> thank you, president cohen. i'd just also like to say thank you. our work started even before i got appointed, when i sat down with you in your office and talked about police reform and division and what the future would look like. the other thing i would say, i came across a picture from last week from 2018, when we engaged with the california deputy of

justice, and the at the time attorney general javier becerra was there, and you signed the work for the d.o.j. to continue this work. it was not easy to do that. you supported this work long before you became a member of the commission. i think when you were on the board of supervisors, when you left the board of supervisors and through your time as a police commissioner and the president, you always stood for the san francisco police department being better, reform, and that is a common theme that i think i want to say thank you for what you have done for this department and your city and your work. this city and this deptd

appreciates everything that you've done on this commission, so thank you. >> president cohen: thank you, chief. i appreciate that recognize if i could make a few more shouts out. i just want to say that many of you remember julius turman, who was a phenomenal leader on the police commission, and i also want to recognize susie loftus who was also a member of this commission, and petra dejesus, and all the other folks that had a hand. but i also want to recognize the haters and the fans of the police commission. the people that follow, the people that call in on a weekly

basis, yolanda wilson, it's just been an incredible ride, and i really value the feedback that we've gotten to help us move this agenda forward and move in a more progressive thoughtful way, and i want to also acknowledge our other partners, the many district attorneys that call in, the public defenders that call in, all in an effort to shape policy. i think this is a model that should be -- that should be exemplified across the entire nation. julie chan has been instrumental in shaping things, yolanda jackson. dante has been memorable as a

presenter on this body, and felicia -- god, don't let me forget felicia jones on this body. i'll never hear the end of it. thank you for making me a better leader and a more well rounded person when it comes to reform. all right. seeing no other comments, oh, director henderson. >> i am really going to miss you ignoring my hands being raised. i am not going to talk long. i don't have anything prepared, but i did just have a couple of things i did want to say because, you know, i appreciate the fact that i acknowledge

that you had a hand in what the commission has doing, and i appreciate the fact that your leadership has brought to the table. this was the first time in state history that a state official came back to serve at a local level, and i think it was the work was so significant, and the work was so impactful on the community that you have served in public service throughout the entirety of your career. it's not lost on anyone here, the folks that you have represented throughout your career have been the most disenfranchised, and that motivated you to come back to your city and do this work that has been impactful from the beginning to the end. i just want to acknowledge that

the work from the beginning to the end is broughter than what most people recognize and are aware of, not just in the 96-a point which serve as the model and the basis for the entire state of california in how data is collected, analyzed, and shared to the rest of the state, but also in the creation and the expansion of the d.p.a. from the o.p.p., and because of your leadership and legislation, there will never be an officer involved shooting that doesn't have an investigation in the past in san francisco. those are some of the things that stood out to me that the leadership from the organization that has an independent charter demand to conduct civilian overview was almost defined entirely by a

lot of your leadership. and when i came into this position from city hall, the mandate that you personally gave me, which were to expand d.p.a. and make sure that the voice was broader, that the voice was louder, and the voice was representative of the city, i feel like i've done a good job, but it was in following the mandates that were given clearly to me outside of the legislation that was passed by the voters did exactly that. it's the increase and volume of folks using d.p.a. is recorded at over 53% from the legislation that you drafted, and that is significant. those voices being heard, those positions being advocated for are a direct cause of your leadership and your action. and then, the final thing that i just want to mention is that

i don't want lost in the entire process is the success and the existence of the audit function from d.p.a. that you crafted and created with an outside agency to coordinate and collaborate with the controller. your understanding of the controller's office and the ability to collect data, analyze data, to find best practices and translate that into recommendations is leadership that will continue long after you have left the position. the fact that the audit that was created with a lot of your input and your guidance while we were crafting what it never been done before with an outside agency and the office and the auditors and the audit resulted in a first-of-its-kind national award for the first record of use of force analysis for a law enforcement agency, and that's a significant deal

that is part of your legacy in san francisco that i believe will serve as a model for the rest of the state and the rest of the nation, as well. so i didn't want to give those accomplishments short shrift nor the fact that this leadership is coming from a black woman in san francisco, that we have all grown along with and because of you, malia cohen. i want to thank you on behalf of my staff, i want to thank you on behalf of the city, and i want to thank you on behalf of the rest of the state of california who has benefited from your public service and your commitment to all of us. if there's a way that i could think of to foreshoot a stay or craft a restriction, i would do. i wish you the best. i'm looking to have you visit

in the future, after your election, through your election. i'm sad that you're leaving us, and there's so much work to you done, but i'm confident that future leaders will follow your path and the conflicts that we will have because of how you have navigated them respectfully and efficiently. i thank you for your work, and i thank you for your service. >> president cohen: i thank you for those kind words. i grew up in the city of san francisco, and i want to recognize the men that work with the street violence prevention team. that is part of our

comprehensive community policing efforts. they do a lot of work to to defuse tense situations. i think the last person to speak is commissioner yee, and then, we'll move on. >> commissioner yee: thank you, president cohen. i just want to thank you for sharing your experience in our san francisco police reform. i talked to you before i even got onto the commission, and you pointed me in the right direction, and i just want to say thank you to, i guess, a shout out to your father. i met your father 40 years ago. we worked together in our fight for social justice and equal rised, and you're carrying the mantle now as you leave the san

francisco police department and going into the state controller -- hopefully, we're looking forward to seeing you as the next controller, and wishing you the best of luck, so stay close, and we thank you in san francisco for all of you done, and continued success. thank you. >> president cohen: thank you. and in closing, i just want to recognize sergeant youngblood and his staff. phil is no longer with us, but he was very instrumental, and then, i wanted to recognize john dialla, who has been very instrumental. so sergeant youngblood, help me, stacey. >> clerk: sergeant reynolds? >> president cohen: absolutely. sergeant reynolds. see? i wouldn't be able to survive

without you. so let's pivot back to the agenda. i believe we need to take public comment on this item, don't we, sergeant youngblood in. >> clerk: yes, ma'am. >> president cohen: okay. let's take public comment. >> clerk: okay. the commission is now taking public comment on this item, commission reports. if you'd like to make public comment, press star, three now. and president cohen, there is no public comment? >> president cohen: what? not even francisco dacosta? i was waiting for my last kick me as i'm walking out the door. all right. sergeant youngblood, let's go back to item 1, the top of the agenda. >> clerk: item 1, general public comment.

at this time, the public is now welcome to address the commission regarding items that do not appear on tonight's agenda but that are within the subject matter jurisdiction of the commission. speakers shall address their remarks to the commission as a whole and not to individual commissioners or department or d.p.a. personnel. public comment may be had by calling 415-655-0001 and entering meeting i.d. 2489-900-4564, then press pound and pound again. press star, three to enter the queue. if you would like to make public comment, please press star, three now. >> president cohen: all right. >> clerk: good evening, caller. you have two minutes. >> great. thank you.

good evening, press cohen and commissioners. wesley saber, senior policy manager for glide. thank you for the proactive conversation around ending pretext stops. something can and should be done. reform efforts have been moving too slowly, and they made too little impact which has been borne out by the data, and that's been talked about the last few meetings. our conversations with our last few times, this represents an

opportunity to live to the community. san francisco is ready to stop the pretext. thank you. >> president cohen: thank you. >> clerk: president cohen, that appears to be the end of public comment. >> president cohen: all right. that sounds good to me. let's call item 2. >> clerk: item 2, consent calendar, receive and file, objection. sfpd-d.p.a. fourth four 2021 document protocol report. i just need a motion and a second. >> vice president elias: motion. >> president cohen: is there a second?

>> commissioner yee: second. >> president cohen: thank you. yee made a second. commissioner elias made the motion. can i have a roll call vote. [roll call] >> clerk: president cohen, you have seven yeses. >> president cohen: excellent. motion passes unanimously. let's call the next item. >> clerk: line item 3, chief's report. weekly crime trends. provide an overview of offenses occurring in san francisco. major, significant incidents. provide a summary of planned activities and events. 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 activitied the chief describes will be limited to determining whether to calendar for a future meeting. >> president cohen: all right. chief, no surprises. something nice and simple. >> thank you, president cohen. i'll make this abbreviated. overall, the violent crime is down 7%. we're down in homicides by 14%, down one from last year. robberies are down pretty significantly, 60%. our overall assaults are up by 3%. this year. 339 last year and 348 this year. our total violent crime, there's a 7% decrease. as far as property crime, we are up by 1% overall.

that's been really driven by our staff category. there's a 19% increase, and that encapsulates all of our car break-ins, thefts. so that was challenging for us, and we have to deal with that. motor vehicle theft was down by 6%. 1,066 compared to 1,003 last year. [indiscernible] we're down by 44%. that is a piece of good news. in terms of our shootings, another piece of good news.

we're down 51% from this time last year. 49 this time last year -- well, 52 -- let me back up. shooting victims were down 51%. overall shootings, that's hits, nonfatal and fatal, were down 46%. 49 this time last year, 24 year-to-date or as of the reporting period, which is a 51% decrease. total gun violence, 52 incidents last year, 42 this year. i'm going to talk about the on going incidents, and hopefully, we can continue to see this good type of thing continuing. auroverall year-to-date clearance rate on homicides is

67%, and we had four shooting incidents over the past week during the reporting period. as far as our gun violence, the league station, district station, and the reduction in bayview, they had 12, compared to four year-to-date. tenderloin, 7 incidents compared to five this year. the rest of the district stations are either very, very slightly changed with the low number. mission is the same, five, five. park, one. last year zero. richmond, 0, 0, and that is our station by station shooting report. as far as our ghost gun and our gun seizures overall, we're

lower than we were this time last year by 24 percent percent, so we've recovered a total of 145 weapons this year so far this year compared to 190 last year. hate crimes, we ended the year with 113 hate crimes. as of this time this year, we have 7. a.a.p.i. members of our community, one against black african american community members, one against a transindividual of our community, and two against members of our lgbtq + community, which totals

seven. i smoke about the homicide that occurred outside the reporting period yet. the victim was standing on the street when a person rolled by on a bicycle, skb that person ended up stabbing our victim multiple times. the victim walked into a nearby lobby of a building, where he succumbed to his injuries. there is video surveillance, and we did get an image of the suspect, which we have circulated internally, and we are looking for that individual, so hopefully, we can move forward.

on the 23, a victim was shot in the hand, and we did not receive any [indiscernible] or information, so an investigation is underway. the victim actually had a no-go warrant for a robbery that he was involved in, and upon their release from the hospital, they will be -- no bail warrant for a robbery that he was involved in, and upon their release from the hospital, they will be arrested for that no bail warrant. in the bayview, on the 25, at 5:57 p.m. at third and yoke dale, suspect was involved in a traffic collision at the

intersection. -- was initiated.

our negotiators worked tirelessly but failed to elicit a response. the victims were relocated from that location and taken out of harm's way, and this was a situation where sfpd decided it was best to disengage with this individual. we left one sfpd marked unit out there to monitor the situation, and we will conduct follow up to take this person into custody, but we have gone to this engagement on some of these cases. we're going to go into a disallowment type of engagement, and that's what we've done in this case. we expect to have some resolution with this case. as far as

>> -- well, it wasn't meant to be a part of on the record interview. he was just joking with, and she liked -- well, i can't even say if she liked it. >> if it's on the record, it's on the record. i understand the statement was meant to be glib, perhaps, but i think there is a concerning subtext to it, which is the strong suggestion that the

police need to engage in excessive force to carry out their jobs effectively. >> come again on that one? is. >> let me just read back to you. dorsey says we are in a double bind because the officers are alternately told they're using too much force or they're shrugging off crime, so that's how heather knight summarized his comment. so dorsey is saying that there's an inverse relationship between use of force and officers doing their job. i'm not -- there's only one way to read that, so -- so now, i'm asking you, do you agree with that or not? >> i don't believe dorsey was quoted with that. now, you said summarize. i know for a fact that he was not making light of use of force. i know that for a fact.

i'd be highly surprised if he was using a joke in jest. >> are you saying that the reporter was inaccurate? >> i'm not going to assume that because i don't believe matt dorsey was referring to use of force when he said -- and making light of

. . . . there is a sharp decrease in

arrests over the last decade and some of it is intentional, commissioners, when you look at the re-envisioning of the jail system and the city and county has done to reduce to jail populations, there is a sharp decrease in arrests. and this is something i reported to the commission when the california partnership highlighted exactly what the decreases are and were. so i am not looking past any of those. what i will tell you as far as the arrests, we hear all the time we can't arrest our way out of problems. i am not saying some people need to be arrested and i want to be very clear on that. and i think there is an effort with the city and county and with the police department included. and to not default and that is

well documented and we will report them again when we look at the commission. i understand the letter. i read the letter. i think there is a lot to unpack in that letter including this topic that was the will of the city and county of san francisco. so we'll address that when we report. >> i am glad that this will be agendaized and we will be talking about this if further detail, but the question that i want us to give you a sense of your insight around is, yes, this is a collective effort the city has taken to minimize arrests for a variety of reasons. obviously the disproportionate impact on communities being at the forefront of the reasons.

so i would assume that given that there are fewer arrests and focussing on more serious crime, i would hope, when we are making fewer arrests that the clearance rates would improve, right? and what i am hearing is 38% lower cases with regard to rapes and in comparison to the previous year as far as the clearance rates for these. and that there is 42% reduction -- sorry, there is a 36% decrease in the clearance rate for larceny and for many of these similar types of crimes. do you have an idea of why those rates have fallen so drastically? is this an element of the apathy that has been mentioned in something that is coming up in

the papers that has interfered with our police department's ability to effectively address these challenges? >> well, rates rise and fall. they do and they always have and always will. we have to look at this over time. there are some areas we are extremely strong in the clearance rate and some areas where we're not. typically larceny is one of those subjects in major cities anyway where the clearance rates are typically high. homicides, we do extremely well with our clearance rate. they ebb and flow, and i do look forward to the presentation in the commission because i think we need to look at this in context. and again, there are many reasons that clearance rates can ebb and flow, but they do. and we'll look at it over time when we report to both the board of supervisors and the police commission, and we'll put our best foot forward in terms of trying to understand and

communicate why we believe these things were happening. we had homicide clearance rates at 100% two years ago and they have been around 80% since then. that is well above the average, but some areas we may be lower. but they do ebb and flow, and i'm looking forward to this being on the agenda so we can have that conversation and we'll do the same thing for the board of supervisors. >> thank you. >> just so you know, commissioner, we have put that on the agenda for april 6. for you. okay? sorry. were there anymore questions? >> no. thank you. >> thank you. i think next is commissioner sassouni. >> thank you, vice president elias. nice to have other commissioners asking questions. so i don't have quite as much as i might.

chief, i had a couple of follow-ups to the commissioner's questions. regarding the -- [inaudible] >> can't hear you, commissioner. >> did you mute yourself? >> can you hear me now? >> yes. >> sorry, there is a little button on the microphone. so regarding what, i guess, is -- who handled -- from the judge, the judge was very clear that it was not the city attorney, that it was the department that withheld the evidence. does this go to the legal department? or police office? who is in charge of making these decisions in obviously i can understand it if it's not -- i mean, not understand it, but, like, it seems like lawyers should be handling this kind of

stuff. is that what is happening now? or is that not happening? >> what is -- i'm sorry, i am not clear exactly on what the question is. sorry. >> so the sanctions motion -- i mean, order, was against the department. and what it stated was that it wasn't the city attorney who had produced it, but that the department didn't give to the city attorney in response. and so my question is, who is making or what department or division is making these decisions? do they have legal council -- legal counsel to guide them? >> there are attorneys in the legal division, but again, this is, as i said to commissioner

carter-overstone, i just had discussions within the last two hours with the city attorney to try to get an understanding of exactly what happened here. and as that information is known, i will happily report on it. and the there are attorneys in the other legal division. is that the question? i can't answer the question at this point but i will get the answer to it. >> this has been a pretty active issue in san francisco, right? first there was the whole press release, the d.a. is not releasing stuff. the d.a. responds, and actually, the department is not releasing stuff. and so at that point did you conduct any inquiry into what was going on with the case?

because this is the result of that withholding of evidence by the department. >> at that point this case did not come up to me as far as this issue. so my issue is the commissioner carter-oberstone is with the agreement with the d.a. that is what i brought forward and nothing to do with the civil case. so there -- >> it had everything to do with the civil case. >> not what i brought up is what i am saying. and that is what commissioner just said. i understand the topics are very, very similar. but to answer your question, this had nothing to do, nor was this the discussion that was brought to me as far as this issue. i found out about this ruling today. >> okay. so if you are not dealing with it. is this command staff? who is overseeing all this?

this is really blowing up now -- >> and you have a note to put this on the agenda at a later date and time, but this is not on our agenda. >> thank you. i appreciate that. >> as i said, as this is blowing up right now, and it would seem like it would be good to have somebody in charge if it's not you. who is that? >> somebody in charge of? what is the question? >> everything that is coming out of this. >> a commissioner, i am the person in charge of this department, and i carry the responsibility of our failures. so i will get the answers. definitely sit down with everybody involved in this and be able to answer the questions when it's on the agenda. >> it will be put on the agenda next commission meeting. >> maybe this is a follow-up question because i don't want to necessarily belabor this since i

believe it is coming up on the agenda as well, but the heather knight article mentioned by commissioner carter-oberstone, we had discussions on it the previous meeting about there being morale issues and officers not wanting to do their job or that is how it's been perceived. is there an update as far as putting that on the agenda? >> chief, before you answer that question, i just want to say that we're kind of treading on thin ice here because we're talking about a topic that hasn't been put on the agenda fully. if this is something you want to put on the agenda, we can begin to look at that, but just want to put a time-out on this conversation. and elisa, i don't see you. is she on? >> i am here. i don't know if you can see me or hear me. >> there you are. i can see you. >> we can see and hear you.

>> this is actually, supervisor -- president cohen, i apologize and transitions between the last topic. >> and the morale issue has been put on the agenda. >> april 6. >> there you go. >> thank you. anything further? diana rosenstein. >> thank you. chief, i want to address you

personally about the incident at the beach and she is a close friend and a san francisco native. i spoke to her about it naturally, and naturally i asked her about the response she received from sfpd. i wanted to let you know that earlier this week i sent an email to the acting chief and the captain of the station to let them know that the officers that responded to the incident as well as the sergeant should be commended. she was adamant that i convey that information, and i wanted you to know because i realize that that may not come to you and i thought this would be a perfect opportunity since you mentioned it. thank you. >> thank you, ms. rosenstein. >> thank you. appreciate that. we will get that to the officer and the sergeant. thank you for that. >> director henderson?

sir, before you start, just want you to note that it's 7:00 p.m. >> i will b brief. >> i will say i actually did see thatting a knowledgement and i have actually known that victim from that incident even longer. she grew up in bayview and was a neighbor and friend of mine as well. thank you for sharing that, diana. i wanted to comment, i know this is the period to be commenting on the chief's report and that issue was raised about the article. i just wanted toing a knowledge and talk about it both from a macro level and a 5,000 foot level briefly to articulate and say that d.p.a. received information as well this afternoon. and an anonymous complaint was made and we've opened up an investigation as well into what is going on about the allegations to try and get to the bottom of it.

and from # 5,000 foot level, i want to acknowledge and making it relevant to the conversations that we have been having with the mou and i eluded to this last week. but my real concerns in these conversation about mandatory reporting is the reminder that dpa is the only agency with a charter obligation to conduct an independent investigation when these incidents occur. and so a lot of concerns about making sure not just that the moa is solid between the dpa with the police department and one of the things you can anticipate from me and my agency is a letter outlining the things that i would like included in the mou. it doesn't make a sense to have

two, three separate mous going back and forth without contemplation of the civilian oversight agency that is charged with and should be receiving all of the information going back and forth between the two or three parties for our own charter obligations. i just wanted to articulate that and to acknowledge that was going on concurrently with the conversations we are having and with the relevancy of that issue. >> thank you. let me check out the chat. colleagues, any other questions? i don't see anyone. all right. let's keep moving forward. >> at this time -- >> sergeant youngblood, please. >> at this time the public is now welcome to make public comment regarding line item three. if you would like to make public comment, please press star 3 now.

good evening, caller. you have two minutes. i have been listening to this conversation and you commissioners should make up your mind whether you want to be similar to the chief or continue this utter nonsense. some of you all want to attack the chief yourself and have not been making your comments on twitter. and i have been upset about this before. i think so because of the pandemic and the stress that we are going through, some of the commissioners should know that the real force should be around 2,000 and we have a force now around 1,200 and none of you are

taking into consideration about that one fact. if you are interested in statistics, for the sake of statistics, that is fine. but that is not real life. we, the citizens, want you commissioners to address quality of life issues. and what you are doing is you are not interested in some reporter, some gossip, some issue. and everything is going to make mistakes, but revive it, and stop that. stop that. a good leader knows the way and shows the way and goes the way. some of you commissioners, if it's too hot in the kitchen, step down.

>> thank you, caller. president cohen, that is the end of public comment. >> great, thank you. let's keep moving forward. next item. >> line item 4, dpa director's report and discussion and dpa will be limited to a brief description of activities and announcements and commission discussion will be loaded to determine whether to calendar the issues raised for a future commission meeting. >> mr. henderson? >> unmute yourself. you have 10 minutes. it's 7:06. >> okay. got you. >> we have opened 98 cases and closed 107 cases and our current

case load of pending cases and 262 cases. we have sustained seven cases so far this year. and we have mediated one case so far this year and this time last year we mediated two cases. cases whose investigations have lasted longer than nine months for a variety of reasons. we are at 33. this time last year we had 38 cases that had taken longer than nine months to investigate. and again, sense i have taken over as leader, we never had a case that has gone beyond the deadline. and of those 33 cases, 20 of the cases are cold. in terms of weekly trend, i am going to articulate the top two. 29% were for officers behaving or speaking in a manner unbecoming of an officer. and 13% of the allegations were for officers failing to take a required action like write a police report or to take action.

the rest of the allegations are in our weekly report and can be seen on on your website and in the records for this meeting. in terms of the district breakdown, i will report on the top three. the number of cases for allegations and complaints being central with five cases involving an officer making a racist tweet. also for improper parking. five cases from the tenderloin district and for failing to investigate or make a report. also related to persistent crimes and drug-related activity and one allegation for an officer yelling inappropriately at a homeless person. five cases weren't aolympic to believe the district but involved general allegations involving officers involved in a rape incident and making

referrals. those are all in the pipeline and it came in this week. in terms of audit, following up on the comments that were made and requested to dpa last week in regards to the crime lab. we are in the process of determining the feasibility of the audit with the crime lab and are currently scheduled and researching crime lab standards and audit work to form the scope and objectives of the potential audit. in terms of operations, we've just published the new know your rights card for you and publish accessible and easy to understand and doing this work with know your rights campaign for a number of years but a number of workshops to make it evidence based to get feedback on the brochures we have and based on that feedback we have a new version that is more portable. and now you can carry it in your wallet or in your purse next to

the cool i.d. or wherever. this was evidence-based feedback and the changes that we have made have been changed in size and in simplifying the language and er codes and code three to the west side for more detailed information. and inside the brochure it has the most critical information that you or others may want regarding what folks should do doing a consensual stop and information about the miranda rights and also included with the information referrals for language access and a number of legal resources as referrals. and my staff will be handing out the brochures and the new brochures during outreach events and that are larger and still available. and the smaller requested brochures will be available and those on the commission should

receive a stack of them, and anyone listening to this can contact my agency directly about the brochures to receive some. please contact us at dpa dot outreach at sfgov.org and the brochures will be made available outside the offices as well 24 hours a day. in terms of outreach, the chief of investigation and senior investigator attended the police academy on thursday, february 24, and for the sergeant about dpa and the standards and requirement and obligation working with the agency. and on the 28th, dpa had the black history month celebration and celebrating black history month. the special guest this year was mayor london breed and apparently my staff is tired of listening to me talk every time. but we brought in a number of new folks and this year we

honored d.j. brookter, former commissioner, yolanda williams and yolanda jackson from the bar association of san francisco. i want to thank malia cohen and the vice president for joining us for that celebration as well. and we have nothing in closed session this evening. senior investigator is on the call tonight to follow up and handle any requests that may come up during this meeting. as a reminder, if folks have complaints for us, we are available. the phone number the 415-411-7711 and also available on the website at sfgov.org/dpa. and that concludes my summary. and that was 6 minutes and 7 seconds. thank you. >> yes, it was. thank you.

let's take public comment. >> at this time the public is now welcome to make public comment on line item four, the dpa director's report. please press star 3 now to make public comment. >> president cohen, there is no public comment. >> okay. let's go to the commission report. >> did you want to revisit line item 5? force >> yes, give my colleagues a moment to shine if there is anything they want to report out. anything in the tenderloin you want to tell us about? >> nothing this week, president. >> carter-oberstone, anything on

their plate that you want to share with us? >> no updates. i would like to ask for one item to be put on the agenda at the first meeting in april. i think that's the 6th i would like to agendize discussion and possible action of the dgo, a traffic dgo to curtail the practice of bias traffic stops. >> okay. >> thank you, president cohen. the practice is paying off. i just want to -- my report is really giving an update on my conversation with director henderson's office in the week. they used me as the guinea pig for a presentation to be rolling out to the community and i really do commend the work that

that department has done just to transform how they engage community and know your rights campaign work is really dear to me because i was in youth development work for many decades and obviously the young people interface with the department for good or for bad and in a lot of context and the more that we can get them to understand that there are spaces for them to voice their opinion, it's both empowering and the methods with which you are using that are very, very modern. and it's taking that department into the future and those are presentations of good examples of how we can really put together whether it's our reports or our visuals when we're educating community about how to engage with our systems. so thank you for all that work. i really appreciate the way you

received us, and i will be passing that information forward to all our partners. i commend you for all of that effort. >> thank you for your time at the agency. it actually was really helpful for the staff to sit down and meet you in person and to hear your feedback from our presentations about how the organization works and what we do. it really is helping us to shape our new launch for our dpa101 which is going to be the standard that gets presented in a variety of different settings throughout the city for citizens, for youth, and immigrant communities and community all through the city. thank you for the time and giving us so much of your time and showing up in person to be there to see the agency and how they work. i am so glad you mentioned it because i purposely left it out. and i hope he said something. thank you, commissioner.

thank you for coming down. >> commissioner yee and then we'll close up. >> thank you, madam vice president. on the monday of february 28, commissioner burns and myself met with supervisor mar working on legislation trying to get community policing plan implement and increasing the community policing policy and reflective of the 21st century policing policy doj that passed through and is looking at increasing the foot beat police officers in each district and coming up to see if we can work with the police department and getting through this plan.

i think this legislation is going to the board and this one i hit you guys up and will go through. once we get the legislation, we will share with everybody else and that is all i have to report there, madam president. >> thank you, commissioner. anything to report out on? >> i have nothing. thank you. >> okay. so that concludes commission reports. i want to acknowledge that i believe we are going to agendize the vote for police commission next week. excuse me, elections.

making sure i read the notes correctly. >> madam president, will that be at the beginning of the commission meeting, right? is that correct? and vice president elias and that is a good question. i am not sure where it will be on the agenda yet. let me check with sergeant youngblood. >> it would normally be the first item. >> excellent, okay. >> and the chair will be the vice president cindy elias, right? >> i don't know. they will have a nomination and will open up the nomination period. the nomination will be made and then it will close and we'll take a vote. >> if you have resigned, i think the next order -- the next person in line would be the vice president. just correct me if i am wrong, stacy. >> why don't we invite the legal

counsel to come back to opine on the process. on the process of electing the leadership. >> sure. so it usually is first item on the agenda. also and under the bylaws and the vice president has other powers of the president in the event of a vacancy. so in this case cindy elias would chair a meeting and for the next meeting. so the election will be at the top of the agenda. and by the end of the closing of the meeting next month, you will have a new leadership. okay. sergeant youngblood, i believe we need to take public comment

on the commission reports. >> yes, ma'am. >> members of the public that would like to make public comment on line item 5, commission reports, please press start 3 now. >> please call item 6. >> presentation of the department's collection and analysis of sexual assault kit evidence and reporting of results to sexual assault victims report, per commission resolution. adopted april 20, 2016. item is up for discussion. >> >> good evening. i am with the special victims unit covering resolution 16-28

which is the department's compliance with the collection and analysis of sexual assault kit evidence and reporting of results to sexual assault victims report. with me is lieutenant o'connor who is a subject matter expert and any specific questions can be directed to us. the reporting period of time is july 1, 2021 and during this period we collected 138 kits that were analyzed internally. three of the kits met the requirement after collection from the trauma recovery and race treatment center. the three that will be on [inaudible] requirements outside jurisdiction and two others did delays by a holiday. a total of [inaudible] and all kits were analyzed within the 120-day requirement and the processing time within 18 days. none of the kits were outsourced. out of the 138 kits, 47 had a

closed quality profile. 11 and 36 were not. and 91 kits did not have the profile to upload. and pursuant to the victim's bills of rights, 24 victims declined notification. and nine victims were notified through outside agencies. and we have 89 inactive cases meaning that the cases [inaudible] exhausted all for the time being. for example, 36 with no match and a suspect with k be later identified if [inaudible] carries 34 open active cases.

two cases were charged by the grand jury and two were discharged. if you have any for me or lieutenant o'connor, we are available. >> thank you for your presentation. colleagues, are there any questions? commissioner yee? >> that was from the earlier commission report. >> colleagues, no questions? >> commissioner byrnre. >> captain, i heard your report and maybe i am jumping ahead to the line ie sem. and you are not discussing how the d.n.a. of the rape victim ended up in the criminal

database. and item 7 and that is all my questions. >> resolution 1628 concerns the processing of sexual assault evidence kit to specify the time period. that is the perioder to 120-day period. >> thank you. >> you're welcome. >> any other questions? >> thank you, captain. i see commissioner elias. >> sorry. i may have missed this when i was writing stuff down, and the inactive cases and what does that mean that they are inactive and still open? >> i'm sorry, commissioner. >> my audio is a little spotty. and i was explaining that when the case go inactive, it still remains open and for example,

someone could do [inaudible] and that gets uploaded. and if there is never arrested for a felony and subject to the county jail and the database and that offender won't be identified. and let's say, for example, someone is later arrested for a felony and now the profile is uploaded. in that case they would find each other and be a match to the state kit that is active in our time. and take steps to make an arrest. >> would it be assuming the evidence to the category of more open cases? >> and at that point it would be a closed case if it resulted in an arrest. after there is an arrest, it is categorized as a case code six

and is forwarded to the district attorney's office with charging. >> what are open cases? >> open cases and the investigative leads that are out there and a safe kit is done. the victim is cooperative and to find out the location of where this happened and, for example, and happen in bars or nightclub. so this case is open because we are actively investigating and now at this point we would be looking for surveillance footage and other witnesses and speaking to the bartender and during that period, until we have exhausted all the investigative leads, the case is open. after we have done all the steps, the case will be inactive but it remains open in the sense that we develop something later on down the line and close the case with an arrest hopefully. >> what is the time parameters on these?

and 89 inactive cases and to exceed the statute of limitations and fall off? how do you account for those? >> and the statute of limitations and as soon as et gets to that period and the strong lead for the case and the statute of limitations issue. and if it is the sexual assault and which penal code and others are more open ended and some of the cases that are like life cases and kidnapping with the intent to commit rape and the statute of limitations is open forever. and it really depends on offense specific. and can't give you a solid answer for each one of the 89 cases.

>> you are muted. or you are breaking up. >> i think he froze. >> maybe that turn out is -- >> maybe turn off the video and then the bandwidth will be better for him. >> is that better? can you hear me now? >> the suggestion to turn off the video. i'm sorry about that. where did i leave off? >> you said it was hard to tell of the 89 cases which statute of limitations will be aolympic to believe the cases given the

variance in the charging and the penalty. >> that is correct. it would depend on what occurred during the 89 instances and for example, on the high end with the intention of rape, and with a severe penalty and that would remain open forever. but if it was like a sexual assault and sexual battery type of instance that was a felony, that would be noroer. and three years, six years and a distinction made there. >> is that it? okay. thank you. >> great. thank you very much. i apologize for the technical issues. >> no apology needed. thank you for your presentation. let's call the next item. >> at this time the public is

welcome to make public comment on item 6. to make public comment, press star 3. and president cohen, we have no public comment. >> no public comment. let's go to the next item. >> item 7, update regarding the crime lab's d.n.a. database. sfpd will present on the crime lab's use of the quality assurance database and potential contamination of evidence. sfpd will present on the department's use of the combined d.n.a. index system, codis and the federal database, discussion. >> thank you, sergeant youngblood. good evening, again. and i will start offer and announce we do have our acting crime director mark powell on

this item as well. and i will start off with an overview and thank you for the opportunity to get this information to the commission and to the public. so i am going to start off with an overview and some of this is going to be high level. just starting off, i want to start off where i left off the last time we discussed this in front of the commission. and that is with this department's commission to thoroughly review the case and issue and to thoroughly review the practices and policies and relating to the collection of d.n.a. evidence. and i want to express our gratitude for many of the community based partners for hosting the department on thursday, february 17, on this topic. and at least it was a productive discussion and had a lot of questions that were asked and rightfully so. and if this is a tremendous and enormous public concern. and the use of department,

d.n.a. evidence, is an issue that we want to have the public's trust and we never put ourselves in a position to disincentivize the victims for coming forward and reporting crimes or being involved in our investigation. and with that there are a coup of things that i want to pull out from some of our discussions with members of the public and including some of the questions that the department has got in since this information has come to light. and i want to also speak about what we have put in place at this point and what the future looks like in terms of where we're going to do with this in the future. let me start with some of the questions that we had from some of our survivor and community-based partner advocacy groups. and some of these questions may answer some of your questions but definitely there are public interest. one of the questions that we have gotten repeatedly is from

the sexual assault survivor and advocacy groups. will my d.n.a. be used to investigation the crime outside of the sexual assault? the answer is no. and when a rape or sexual assault survivor voluntarily consents to the health care professional and collect d.n.a. evidence and forensic exam as known as a rape kit and to preserve the possible d.n.a. evidence and receive important medical care. and survivors need not to report the crime to have the examination and is safely evident and to report the crime at the later time. the d.n.a. profile of a sexual rape or sexual assault survivor is supposed to be used to eliminate that individual from the d.n.a. profiles of other individuals who may be

perpetrators of that crime and potentially other crimes. the d.n.a. profile of a rape or sexual assault survivor is not supposed to be used against that survivor should that individual later become a suspect in a crime. and although the d.n.a. profile is used for the purposes of investigating that particular crime and/or crimes committed against the survivor and there are scenarios in which the investigation of an alleged rapist or sexual assault perpetrator to go beyond the rape or sexual assault of the loan and indeed scenarios in which the rape and sexual assault survivors may have been victimized in ways beyond the incident of the question. and in that, only in that respect, might the d.n.a. of survivors be used to investigate a crime outside of the sexual assault. and we should never be in this position again where that

information is used to identify the person in the unrelated crime as a suspect of the unrelated crime. and another question that came from the meetings that we have gotten is if i consent to have my d.n.a. collected during this sexual assault forensic exam, is there a possibility that this sample may later be used to obtain a search warrant or investigate in a separate crime? the answer is no. unfortunately, this does not happen and definitely we have guardrails in place to present this from happening again. and as i said from the onset, we must never create disincentives to crime victims to cooperate with police and in that regard, we have put measures in place to correct this and we did that meetly. and another question that came up and this is a similar question and what ways to my d.n.a. later be used against me

and also can my d.n.a. or am i coming forth about a sexual assault for the deportation purposes? and the next question related to that is can d.n.a. collected during my sexual assault exam be used to prosecute me for a past crime. the answer to that is, no. and i mentioned that the process is now that we have put in place the guardrails to prevent this from ever happening again which i will explain in a second. but those are very valid questions given the line of what is happening. i want to assure the public and this commission and every person who is concerned about this that we do have measures in place to prevent this from happening again. and beyond the internal steps already that the san francisco police department has put in place, i am aware that california senator scott weaner spoke at the national level and

supervisor ronen have made calls to address this legislatively. this can lead to more clearly and stringent profiles and as well as others who voluntarily contribute d.n.a. to police for purposes of eliminating suspects in the crime. i and this department are fully committed to working with senator weaner and supervisor ronen and others, especially leaders in the san francisco sexual assault and response team or sart and the advocates that have stepped up and met with us on the issue. and we are committed to this not occurring again. and the question also arose about if a person would con senually involved with a sexual assault and rape and combat a survivor, that person's d.n.a. is also placed in our quality

assurance database, which would be if that d.n.a. is collected. would that person be then later subjected to having their d.n.a. using his in an unrelated incident or crime? and that answer is also no. the tests we have put in place will prevent that from happening as well. it has never happened before, and now we have guardrails, so that answer is also no. there is questions about has the sexual assaults about d.n.a. ever been used in this fashion prior to case? and to my knowledge and we are looking in all our cases that quality assurance hits have been made and to my knowledge that answer is no. and we will continue to investigate and if that changes, that definitely will let that be known publicly and we don't know of incidents and sexual assault survivors and d.n.a. used in this manner in the past and looking at the examples compared

to the hits made on that case. i want to discuss a high level summary of the case at this point. this case involves a retail burglary and the case in question and the item left at the scene of the incident of the crime with d.n.a. evidence brought on it. there was blood on it. and the d.n.a. crime lab tested the d.n.a. and to the quality assurance database and the codis database. that is the offender database and mrr protections against making sure that the d.n.a. and

to reiterate and the crime lab tested the d.n.a. for the quality assurance and the codis d.n.a. profiles and from the department and in the burglary from the sexual assault evidence kit. and also a couple of days later the codis database matched evidence from this suspect from a sample taken as a result of the criminal offender matched in the case. two san francisco police departments provided potential identification of this suspect as well as the second person who was later eliminated. and the sfpd then the arrest warrant and affidavit with the

suspect in the burglary. and the district attorney's office was provided both the information regarding the quality assurance and the codis hit and the fact that that was given to the district attorney's office and preliminary information from the bullets and from that a charge was filed against this individual. the suspect in the burglary and the suspect was arrested on an unrelated crime and then charged with the burglary after that warrant. and signed by a judge. the sfpd then learned that the database and the quality assurance database was based on the sexual assault evidence kit and was later discussed by the law offices and the case is with

the case against the individual was dismissed. and from that and from the information and here is what we have done in the immediate and near terms. and following the reports and the discussions with the investigators and crime lab and director and acting director and the department and the san francisco police department crime lab took the immediate steps and to halt and identify and the quality assurance database and the nonreference profiles and this information was communicated by the sfpd and d.n.a. technical leader manager to crime lab members with the formal update to the standard

operating procedures of the san francisco police department and criminalistic laboratory and that update was what became effective immediately authorized several deviations from the forensic biology unit operating procedures and among other provisions these included a requirement that members do not report any quality assurance database associations until after the upcoming codis search commences. this is to make sure that a hit in codis will always be communicated over a quality assurance database association. there is no need to do the quality assurance database notification as codis -- and will notify and the requirement that laboratory scientists do not communicate any victim references outside of the crime lab is also put in place. and the requirement that any case work and specific information for the hits might be coded or redacted prior to

any discovery. also as a number of d.n.a. profiles in sfpd's quality assurance database as i mentioned earlier, the sfpd forensic sciences division criminal list have begun to see more d.n.a. matches that were not identifying contamination and rather accomplishing case linkages. with that, these protections that i mention will prevent any victim information from being in the hand of investigators by way of notifications on the quality assurance database where victims are submitting their d.n.a. and because they are a victim. these policies are in place now and there is no work being done to insure that the forensic protocols are updated as we continue to dig in all the d.n.a. cases in the quality

assurance database and determine whether or not there are any other problems that have been associated. and this one we have not found any. and we will continue to make adjustments as we need to. and also let me just say this as -- before we get into questions. this situation is one that the state attorney general's office or the attorney general has put together with the clarifying information and this is just released yesterday. and i just want to review this section from what was the information bulletin by the california department of justice and our attorney general yesterday. and specifically the two sections that relate to this issue and i will just read it. and this is titled clarification

regarding the california law enforcement use of d.n.a. databases and in the document it says and when the evidence sample yields and the crime laboratory may search the unknown d.n.a. against the internal qc and quality control database in an effort to prevent potential contamination by insuring that the d.n.a. sample is not determined for codis and was not attributable to contamination a codis eligible d.n.a. profile may be upload and searched against the state and national codis databases. and contain from plausible

sources of potential contamination and such as laboratory staff and crime scene investigators to the extent that quality control of qc databases contain d.n.a. profiles derived from any of the stores and law enforcement personnel should insure that the inclusion of the d.n.a. profiles is reasonable and the individual remains an ongoing source of potential contamination. and again, the reference was obtained from the known individual and ega victim, suspect, closed parentheses. and d.n.a. record samples obtained from victims should only be used by the comparison to forensic evidence and a specific case or for evaluation of potential contamination in a work in which the case was actively being processed. [please stand by]

>> commissioner hamasaki: -- i assume, as either the collection of evidence or a sexual assault examination, this evidence is obtained, and it is -- and then, the department's obtained it, and where does it go?

>> so i'll start answer. i'm going to ask the acting director to finish this, but to answer your question, any d.n.a. that the lab handles is entered into a quality assurance database, and part of the reason for this for the

purpose to identify contamination, and it's also for the purposes to ensure that the victims such as a sexual assault survivor, that information does not get uploaded into codis. so let me defer this to director powell, who probably can get more into the technicality of this, but that is the basic die level to your question. >> commissioner hamasaki: okay. director powell, can you finish that? >> yeah, no problem. so basically, it's kind of our quality assurance program. >> commissioner hamasaki: can you get closer to that microphone? >> okay. is that better? >> commissioner hamasaki: much better. >> okay. so basically, when we generate samples in the lab, we put them in this data basis. so every single sample that we

can compare goes into this database, and the purpose is to make sure that evidence from one case is not contaminating another case. so we wouldn't want a victim d.n.a. getting contaminated with a sexual assault d.n.a. and then being uploaded into codis. >> commissioner hamasaki: let me just pull this apart, because, again, layperson. when you say catch contamination, how is that different than using it for investigation or evidentiary purposes? >> so this is a step that's done before any kind of reporting is taking place, so we're searching it against lab members, c.s.i. members, potential lab visitors. so basically, we've had instances in the past where we see d.n.a. that was worked a

couple of weeks before showing up in case samples two weeks later. so by showing that there was an association there in our quality assurance database, we can say no, that actually is contamination, and we can go back and reinvestigate that. >> commissioner hamasaki: director, can you tell us [indiscernible]. >> some of our cases literally could take ten years to get from where it was submitted to the lab to work and then reported. so where we are now is at a much different place, so we're able to -- that's why the chief

was saying a big part of the monitoring was to prevent contamination and then remove. >> commissioner hamasaki: so how did we go to from identifying the victim's d.n.a. to it being used -- let me back up. was it ever, this q.a. or q.c. samples, were they ever uploaded to codis? >> no. no. they -- yes, no. >> commissioner hamasaki: okay. so that's a national database, right? >> yeah. codis in the lab, that's where

you have the matching database. that's where you put d.n.a. in to see if you can find a return. as our quality control database grew larger and because of those time frames, we were seeing matches that weren't contamination, so we didn't know what to do with those, so we kind of sought guidance and that's how we came up with sorting them out. and i think along the way, that wasn't -- we weren't very clear with the investigators what it meant, either, on the lab side. >> commissioner hamasaki: yeah, so i guess that's the question. when you say reported out, how does it get from the lab where it's created to a victim's sample to out to investigators? >> yeah. that was a policy the lab

procedures put in place. >> commissioner hamasaki: i'm not understanding what reported it out means. how does it go out to investigators? is it sent to all open cases? is there a run against particular cases? how does it work? >> it would be sent to whoever requested the work. >> commissioner hamasaki: okay. so say sexual assault victim a provides a sample and part of sexual assault s. -- sexual assault. once it's sent out, does it

stay there or would it go out to other agencies? >> no. it would only go to who requests it. as i'm writing my report, i'm going to check to make sure that this isn't matching somebody in the lab or evidence in the lab that could have been contaminated, so we want to

make sure that that d.n.a. is not contamination, that, really, it's that person matching that evidence. >> commissioner hamasaki: okay. maybe i'm starting to understand now. so when the -- so basically, any time a -- somebody could be a victim of a crime, d.n.a. is sent to a lab and they are a

perpetrator or a suspect in a crime or d.n.a. is found in a crime scene, that matches in some way, and what happens? does it go back to the original investigator? how is it flagged?

so this came to light in this one case. the chief was saying that -- i guess there's probably pretty clear records of every time any d.n.a. sample has been run, and so there would be records of any previous times a sample of a victim has matched a sample from a crime scene, is that accurate? >> yes. >> okay. and -- actually, you know what? i'm going to let my colleagues ask some questions for a bit, and then, i might come back.

>> president cohen: okay. next is matt carter oberstone. obadan thank you, chief. just to back up, when was the database first created, so is it fair to say that we have profiles, and they're going back to 2015? >> yes obadan okay. and i think that you kind of got at this with commissioner hamasaki's questions, but aside from rape kits, can you talk to

us about some of the profiles that you would find in the d.n.a. database? >> yeah. we would have anything that we could compare to. we would have all our stats in there, control samples, any reference samples, basically anything we've kind of ever tested in the lab is there because what we were seeing is -- d.n.a. was showing up, and not really in the same -- exact same processing time, so that's what kind of led to doing this.

>> commissioner carter oberstone: so and then, do you conduct familial matching in the d.n.a. database when you run samples through it? >> no. >> commissioner carter oberstone: and is there any way for someone to get their sample expunged from the d.n.a. database or removed? >> so with our retention policy, once we kind of finalize that, we will just remove anything that's beyond current processing time, so it will be automatically removed. >> commissioner carter oberstone: so then, it sounds like, as it stands right now, there's no process to have your sample expunged if you'd like it removed. >> correct, correct. there's no -- yeah. >> commissioner carter oberstone: great. and then, you may not know the

answer to this, but i'll just ask it. i'm curious. is there a specific law that gives us the authority to have a q-a database in the first place? the f.b.i. lists out a list of stringent requirements to be able to participate in codis. i'm wondering if there's any kind of state law on this and whether we have the authority to have a q.a. or lab database, i should say. >> the first kind of published guidance i've seen as far as maintaining reference samples in it is what the d.o.j. put out, so that's great.

>> so then we generally follow f.b.i. regulations in terms of how we run our own database? >> so the codis would not contain any victim samples whatsoever. that's a matching database. the reason we put everything we have in that database is to monitor for contamination, so that's the difference there. >> commissioner carter oberstone: okay. great. so last question is chief talked a little bit about the victim having different options around the use of the rape kit, whether they want to press charges now or later. i'm curious if the victim obtains any consent to use their rape kit for any uses, and if so, what is the person

consenting to when they hand over the rape kit to the department? >> i'm not sure if i can speak to that one. >> commissioner carter oberstone: yeah, i can say when you obtain someone's rape kit, you say here are the different ways that we can use this d.n.a. that you're handing over, and obtain their consent to use it in different ways? like, here is what we'll do with it, are you okay with that, some type of process? >> commissioner, my understanding is there's some type of process. the actual d.n.a. from sexual assault victims is done usually in the s.a.r.t. environment

that i described. some of the survivors don't want to file a report or have contact with the police, so my understanding is there's a consent process -- as far as sexual assault admissions, it's sent to the lab, but that's not collected by us. >> commissioner carter oberstone: okay. great. those are all my questions. >> vice president elias: thank you. [indiscernible]. >> vice president elias: i have a few questions, president cohen. >> president cohen: yes, that's right. >> vice president elias: okay. so i want to take a step back and understand some logistical things. so who oversees the crime lab?

what decision is that in the department? >> it's investigations bureau. >> vice president elias: and the person in charge of the investigations bureau is? >> currently, it's acting bureau chief raj asani. >> vice president elias: and from what i can recall handling some of the sexual assault cases that i did way back in the day, with respect to the consent, i know that victims are -- they do sign a consent with respect to the collection of their d.n.a. and what it'll be used for as part of the sart kit process that you described, chief, but all of the process outlines what their d.n.a. will be used for. and so my question is, are you notifying victims that their d.n.a. is being used for other

purposes? because it seems very contrary or it seems, you know, deceptive to have a victim have their d.n.a. provided, and they agree that, yes, i'm going to provide this, and this is what it's going to be used for, and then, it's used for something else without their knowledge or consent. so does the police department then go follow up and say hey, by the way, we know you consented for this d.n.a. for this sexual assault kit, but then, we're going to use it for some other purpose? >> well, any other case, i don't know where this has been an issue, but are you asking, are we notifying survivors or victims that any time their d.n.a. is run against quality assurance for contamination purposes, the answer is no. i don't know of any other case

where we're here tonight for. the answer is no, but when director powell talked about running the d.n.a. through the d.n.a. database for other contamination purposes. >> vice president elias: so the police department doesn't have a separate consent for running your d.n.a. that's part of sart. >> that's correct, yes. >> vice president elias: so the police department doesn't ask for any consent for using their d.n.a. to put into this database for monitoring or other purposes? >> well, it's supposed to be used for quality control. >> vice president elias: but you don't tell the victim of a

sexual assault that you may use that sample as a quality control or help for other purposes? >> i don't know by now. >> vice president elias: you don't know for now? >> i don't believe we do that, no. >> vice president elias: okay. and when were you notified that this had happened? >> which man were you -- >> vice president elias: that the department at the crime lab was using d.n.a. for these types of purposes? >> well, if you're talking about this particular incident, i was actually notified about five minutes before the d.a.s press conference or ten minutes by the d.a. >> vice president elias: okay. so the commander of the investigations bureau never notified you to let you know the practice or what was going on in the crime lab? >> let me answer that question in part. the answer was no. was i notified by the commander? no.

i was notified when the d.a. called me and said hey, this is an issue. in terms of this being a practice, i don't believe this is a practice. it was a terrible thing that happened, but it's not a practice. i don't know of any other cases where this has happened. >> vice president elias: when you say you don't know of any other cases, have you conducted an audit to see if there are any other cases or -- how do you know that there are any other cases? >> that audit is on going right now, and it consists of running every sample that's been quality assurance hit against who was run and who was notified or those notifications. >> vice president elias: you say you don't know of another case but there could be because you haven't run all of the samples? >> well, that's fair, but we are in the process of going through all the cases.

that hasn't been completed, but we are in the process of going through all the cases, and cross-referencing the notification. >> vice president elias: and how long do you anticipate this process to take as to whether you will have another answer how many times those things are happening? >> let me ask. do you have a time frame? >> i think captain cordova is looking on the side where the cases are at, so he might know. i think the files were requested, or they're close. >> vice president elias: so they grabbed the files, and now they're cross-referencing to the crime lab? i'm confused. >> yeah, all of the indications where there's been -- cases where there's been some type of quality assurance hit has been

pulled. your question, was anybody else identified from any victims, any sexual assault victims, so that's the process that's happening right now. we are looking at what happened with those hits. >> vice president elias: who's conducting this audit internally? i'm assuming it's the people in this unit? >> well, we are. we need to know for ourselves, and i think this is something that we want some urgent see with, to your question, and we want to complete it as quickly as possible. anyone else who will conduct an

investigation outside of this department, that's what -- >> vice president elias: no. is it the commander of this bureau, is it the commander in any bureau? >> the information is being run by the crime lab and they're researching -- >> vice president elias: the crime lab comes up with a list of cases or hits then sends it

to the investigators, and the investigators are looking to see if there's any cross-reference. so my question is, the crime lab, when i asked you who's it under, you said it's the investigation bureau. so i'm asking, is the crime lab that's under the investigation bureau handing it over to investigators who are also within the investigation bureau? >> no, the investigation bureau is actually for responsible for looking at these cases and determining who is responsible for them. that would be the captain is involved, acting deputy chief is involved, and all of that will be pulled and determine what actually happened on these cases. >> vice president elias: right, but i guess i'm not clear as to who is going to be investigating this. is it the people that partook in this practice -- >> the information is being collected by the forensic lab

for all the cases, and the investigations bureau, under the deputy chief or acting deputy chief will conduct the detailed what happened with these cases, and they'll pull all the records. >> vice president elias: okay. and they'll pull a report, and then, the report comes to you? >> yes, the report will come to me when we get all the information, yes. >> vice president elias: okay. and you don't think having a commander or someone other than in your management from a different bureau to come in and assist would help or be more transparent? >> we're going to be transparent with whatever we come up with, and the investigation deputy chief who's responsible for that bureau will pull the information and the information will be whatever it is. what is this information? how was it used?

and that information will be made very transparent. other than the identity of survivors, which we will not make transparent. >> vice president elias: well, the other thing i read in the article was professional ethics, and there were experts in the field that were criticizing the department how this was a [indiscernible] situation and professional and ethically a violation, so my question is what type of professional standards, specifically ethical standards, does the crime lab have or are there any concerns with respect to the ethical standards that are currently being used at the crime lab? because i know that this isn't the first issue in terms of scandals that the crime lab has faced.

i know that the department has worked really hard, you've got a brand-new facility to change the narrative of that, so i'm wondering what sort of professional and ethical standards the crime lab has? >> i think our crime lab has great ethical standards. this was something that should not have happened. as far as we know, it's -- we'll see whether it's a single event. as far as we know right now, it's a single event, and it's been identified and policies have been put in place to make sure it doesn't happen again. we own this things. we own it, and guardrails have been put in place to make sure this doesn't happen again, but i think the crime lab has

worked through the challenges. it's a good crime lab, and whatever the topic or interest the commission has, we're going to do that p. in regard to the the -- we're going to do that. in regard to the crime lab and the people in the crime lab, they're great. director powell has talked about with the records retention issues that we are working through now, we're going to take care of that, as well, and i think this guidance by the attorney general is good guidance. it's the first guidance of its kind that we know of, and it'll help us with the process of what we were doing in terms

what we were doing any way. we were not aware of the attorney general's audit. we were aware that they were going to put out some information, and we're waiting to see what that entails, but no, we're not asking them. >> vice president elias: so you're not going to be asking them? >> it's not off the table. we will be determining what we have, and that will be transparent. it may lead to other things. director henderson and i have talked about this. i know there's been a request for d.p.a. to talk about this, but we're open to getting better and not having this happen again, and whether it's the attorney general's office or whoever else would have to look at this, we're happy to have that. >> vice president elias: do you think this would jeopardize your accreditation? >> no, i don't. >> vice president elias: can the department come in and do

an audit? >> thank you for asking. the chief has a history of commenting on items in the past, and the things like evidence, d.n.a., fourth amendment rights, uses of power, and the violations, this is one of the most regulated practices areas of policing with regulations at a local, state, and federal level. i think maybe some of the answer in terms of what both of you guys are talking about is that as the chief is talking about that audit, taking the audit to the commission so the commission can see what that audit reveals, and then comparing that audit to a state, federal, and local level

to make sure if there are other issues that need to be raised and addressed. i say that because the operation of policing and collecting the data doesn't end when the evidence is released. once they've collected the evidence, who the evidence is shared with, so there's a question who has access to the database, that could raise questions about sfpds participation in the process generally speak specifically because there's a lot of back doors once they've collected that information independent of themselves, and there's a lot of public safety partners. i just wanted to connect some of the dots so that we're talking became thing, and the bigger picture of where the information goes outside of the crime lab because more happens outside of the crime lab beyond

just what occurs when the police collect that d.n.a. and put it into the database. >> vice president elias: 'cause i would -- i guess i assumed, too, chief, that this was one hit that came out, but how would you know that this practice isn't going on? this could have been happening to hundreds of people, but there were no hits because you wouldn't know, right? >> on a state or federal level, and none of us would know. it could be happening every single day, and a review at sfpd wouldn't let us know that at the state level, there's prosecutions, that the federal level, there's information or evidence being used. to me, that would be an appropriate evaluation of the audit to see whether or not there's evidence and how it's been used. sorry to jump in. >> vice president elias: okay. i apologize. commissioner yee, i saw your hand go up.

my apologies. >> president cohen: okay. commissioner yee? >> commissioner yee: thank you, madam president. oh, gee, director henderson, you read my mind. do we have d.p.a. to do a follow up audit? >> i was saying that i was looking at the scaleability of the issue. part of the complication of doing an audit, especially in this specific area of policing is that it is -- there's so much scrutiny in the area of the practices, and i think that the audit has to develop or cultivate new practiced areas outside of the scope of what's being done again, not just at the local level, but at the state and federal level, as well. and those compliance measures which are tested pretty regularly -- i don't know what

the testing policy for compliance is for the crime lab. i'm sure the folks that are on this call can answer that, but i'm sure it's pretty rigorous, given the operational mandates that there are. the audit is looking at whether we can scale something that's appropriate given the rules for something that's appropriate for the department. that's where we are, and that's what we're doing.

>> commissioner yee: my second question would be for the chief. on the investigation on the hit, you're saying there's only one hit. do you know your timeline of when you're going to finish your investigation of your audit? >> let me just clarify, when i said there's only one case right now where we know of, where a sexual assault survivor d.n.a. was used to identify someone in an unrelated criminal case, i mentioned this when i was going through my

presentation. there are other hits. the quality assurance d.n.a. database has employees and others in there, so there are other hits. for instance, you know, a perpetrator's d.n.a. is going to be in that database, too. i think the question is how we are going to be using a sexual assault d.n.a. >> commissioner yee: that would be my question, the amount of hits, and the timeline complaint or the audit or investigation. >> chief scott: i don't have the exact timeline. i know, as acting director

powell said, we're close to being finished with this. there's more to be done, but i think we're going to purpose this around pretty quickly. >> commissioner yee: what do you mean by close? how close are we? one day? one week? a month? do you have any idea? . >> chief scott: if we still have captain [indiscernible] on the call. >> chief, i'm here. i've got the video off. so far, so good, can you hear me? i'm not breaking up? >> chief scott: yes. >> okay. so i did receive a spreadsheet from director powell. how we store our case logs is they're stored off-site in paper form. it's very archaic, so it's taking time to locate the

files. >> commissioner yee: i'll ask how many cases or how many files or, i guess, victims did you go through currently? do you have a number? >> so the data that i was provided, it appears that there were 11 hits in the q.a. database, but there were 17 total cases. which means there were six additional cases of people in the q.a. database, and those were unrelated to sexual assault evidence kits. >> commissioner yee: so seeing the data you went through, how much time do you need to, i guess, finish out the investigation? >> well, that depends on how soon i can get the files. i guess tentatively, i have looked at the police reports

regarding some of these cases, and it does not appear any of these hits led to an arrest similar to what was reported in the media. however, i don't want to make that conclusive assumption because i want to lay that out for the chief. >> commissioner yee: i guess this would be for mark powell. where is the data stored at? is it up in the clouds or internal storage? >> it's on the crime lab server. >> commissioner yee: okay. so it's stored only there. it's not in the cloud? >> it's not in the cloud, no. >> commissioner yee: okay.

they'll probably swing me back to commissioner carter observer -- carter oberstone's question. >> we want to be very thoughtful how we proceed for this. there's definitely a need for a quality control database, as what was explained. the retention of how long we keep the d.n.a. and all of that, that's coming, as far as shortening that to a very short period of time.

there are also other parts of this conversation, depending on whether the case is still active, depending on whether there's a need to keep it for core purposes. there's a lot of things that we have to spread out for this, and we just want to make sure we're doing right by our community but also the cases so we don't prematurely create a case that's going to come back to be a problem for us on the other side of this equation. i think we'll come up with questions that are smart, thoughtful, and address this issue, but we have not addressed that part of the policy yes. >> commissioner yee: okay. thank you very much for that. i'll let other commissioners chime in with that. >> vice president elias: sorry. just one other question based on the questions of commissioner yee. chief, can you provide us the policy that you have or that

you have written to [indiscernible] to use in their investigations, so -- >> let me just -- if i could just stop you. investigators don't -- when you say investigators' database, what are you referring to? >> vice president elias: well, if the matches aren't contaminated, they are then communicated to the investigator using the database, right?

>> i think you said there were 17 cases where there was a hit, so that's what this audit is to determine, what was exactly done with that investigation? >> vice president elias: if people's d.n.a. is being used to determine if there's a hit, isn't that a violation of their civil rights? if you're arrested for a d.u.i., and they take blood, they need a warrant. you can't take someone's specimen -- i mean, that's a violation of civil rights, so how is that not similar to that? >> the d.n.a. database is not supposed to be used for that. that's why we have the q.a.

rules in place. the quality assurance database is not just victims. there are a number of database from different samples. >> vice president elias: how many? do you know? >> chief scott: i'm not aware of that. director powell, would you know? >> with well, i think -- well, i think it's several thousand. >> vice president elias: okay. i would like to know what you have done to stop this from

happening again so we don't revictimize victims. >> chief scott: sure, i can do that. thank you. >> president cohen: thank you. as you can see, chief, there's a lot of people interested in this issue. commissioner hamasaki? >> commissioner hamasaki: yeah, i just had a couple of follow ups, and i think director powell might be the right person for this.

>> so i looked at 2021, and the longest case for us was 55 days, so we're kind of zeroing

in on 60 days, but that's going to be talked about with our q.a. group and everything just to make sure that that's going to work. >> commissioner hamasaki: going back to the accreditation and all the procedures and policies that you have to go through, are there industry, nationwide, d.o.j. best practices on this or does every lab just -- because, i mean, this is something that seems like it's only arisen in san francisco. >> what i would say to that is we have a lot of people in different labs working in here, and this is a common thing. we kind of sought guidance on what to do, and we have procedures put in place, so that's what's different is the

notifications. >> commissioner hamasaki: and, you mean, that's being investigated outside of the lab with investigators? and that's been going on since 2015 only -- >> 2019 is when we sought guidance about what to do about notifying, about what to do when we see these matches. >> commissioner hamasaki: so you've only been reporting them out since 2019? >> yeah. >> commissioner hamasaki: okay. i think i understand now. okay. nothing further from me at this time. >> president cohen: commissioner elias has two quick questions for you.

>> vice president elias: yeah. who told you what to do in the event of this? >> yeah. we're working on what to do in the event of when we see these matches, yeah. >> vice president elias: so the city attorney told you to allow them to go to the investigator? >> chief scott: well, i don't think the city attorney told them to allow them to go to the investigator. there was guidance sought by the attorney's office. >> vice president elias: on what to do with the samples after the quality assurance? >> chief scott: well, there's this database, and the hits are starting to happen. i don't want to mischaracterize [indiscernible] but that's my

understanding. >> vice president elias: okay. but the guidance you sought was from the city attorney. it wasn't from another department or agency, correct? >> chief scott: that's right, and it was again, about this database. it was very general, and i think i should probably stop there because i don't want to breach the confidentiality of attorney-client privilege, but it was a very general -- very general. i'll just say that, to my understanding. >> vice president elias: great. thanks. >> president cohen: all right. i see no other names in the -- oh, commissioner byrne? >> commissioner byrne: captain, the 17 cases that you are already referring to, are those hits that were in the codis database? >> so sir, so there's a distinction. [indiscernible]. >> commissioner byrne: a noncriminal one. a noncriminal one.

>> correct. >> commissioner byrne: codis is the criminal base? >> yes. it's something that was code i say -- codis eligible, yes. >> commissioner byrne: and you're saying there was a hit, so some of them hit in the codis database? >> well, everything that was run through the lab, in some instances, sometimes there's a hit in the codis database because the person happens to have a qualified criminal record or they were already

uploaded into codis. >> the way that it's been explained to me, and the way i think about it is the quality assurance database is more like a filter, and it must run through the quality assurance database and that there are no [indiscernible] into the codis database. [indiscernible]. >> commissioner byrne: so that's what happened to the victim in the sexual assault case, that there was a hit in

codis, and somehow it got into codis when it shouldn't have gotten in there at all? >> well, what happened in the particulars of this incident was there was a sexual assault that was reported in sometime years past. i don't want to breach confidentiality of sexual assault survivors, but sometime in the past, this person has a sexual assault survivor kit uploaded, and she also had a criminal record that had been uploaded into codis. there was a piece of evidence that was run from the scene and she appeared in both. the sexual assault from her kit as well as her prior arrest. >> commissioner byrne: right. and the safeguard is designed to prevent the codis -- the

collection of the d.n.a. from ever going through the codis database? >> that's correct, sir. so, for example, for some sexual assault evidence kits, there are no material on there, so the offender didn't leave behind any material, so that would not be uploaded to codis because it's not eligible, so that would remain in the quality assurance database. >> commissioner byrne: now those 17 cases, did they end up in codis and they're now hits? >> yes, so i'm trying to obtain all the police files to see ultimately where all of these -- how the information was used by the individual investigator. and as mark -- or i'm sorry, director powell had described

earlier, people in sexual assaults are not just limits to sexual assault survivors. there were people swabbed pursuant to a court order or search warrant, and there are instances where people consensually give their d.n.a. to the police, and all of that is in the database as it stands today. >> so in all the 17 cases that you're looking at, it's possible that something similar happened in the media.

>> what occurred in this media related incident will not happen again. the only thing that will be recorded are codis hits, and director powell can correct me if i'm wrong, but that's the policy that we immediately developed after this incident came to light. >> commissioner byrne: so it's safe to say that within one month you should have those 17 files answered one way or another? >> yes. i hope to have it within a month, but we'd have to locate the records, and that's the only thing that's holding us up. if they were electronic, i could get them back very quickly, but that's the only thing that i'm waiting on from these facilities. >> commissioner byrne:

president cohen, i'd love to get an update on this april 6 so we don't get lost on this issue. >> president cohen: okay. sergeant youngblood will agendize that issue. >> vice president elias: and i think we should have a report prepared so that we can read it and review it prior to the meeting, and we can have it posted on our website. >> chief scott: will do, vice president elias. >> president cohen: okay. let's keep moving. thank you. seeing that there are no other names, sergeant youngblood, let's go to public comment. >> clerk: at this time, the public is welcome to make public comment regarding line item 7. if you'd like to make public comment, please press star, three now. good evening, caller. you have two minutes. >> yeah. so police commissioners, i want you to listen to me very

careful about this nonsense. first and foremost, director mark, i commend you for your work, and i believe you are looking for new opportunities in new orleans. i hope you get that. i hope you get that position. our police chief has gone out of his way to talk about this issue. i can talk about this issue because, on the federal level, i have experience. this commission, most of them do not know that, at one time, we had a crime lab at hunters point. the dick heads that were

running our crime labs are now running our newspapers, so director mark, you are in the new crime lab, and these commissioners do not know that what befell on your hands or what you had to deal with happened long before you had any charge of that evidence. we have a few commissioners who are rude, belligerent, who lack decency because maybe they have a very poor i.q. that's putting it politely. this buffoonery should stop. we are the city and county of san francisco, and there are many intelligent people listening to this deliberation.

the poor chief is explaining again and again and again to these buffoons before they understand, so maybe, before they become a commissioner, they take a test. i know there's a process of putting a -- >> clerk: thank you, caller. and president cohen, that is the end of public comment. >> president cohen: thank you. let's call the next item. >> clerk: item 8, presentation of the third quarter 2021 disciplinary review board findings and recommendations. discussion. >> president cohen: welcome. >> thank you. good evening. stacey, sergeant youngblood, can you hear me okay? >> clerk: yes, sir. >> okay. thank you very much. good evening, president cohen, vice president elias, director

henderson, chief scott, and members of the public. i am chief o'sullivan, and i am here to copresent along with diana rosenstein from the department of police accountability. we will be presenting the third quarter disciplinary review board third quarter material. stacey, if you would please standard the presentation. -- start the presentation. on december 14, 2021, so approximately two or three months ago, the board met, and before diana and myself get into our content, i just briefly, for the commissioners and the viewing public, offer a brief overview of what the

discipline review board is. in, i believe it was 2019, department general order 2.04, which covers complaints against officers, was revised, and one of the revisions within that order was the creation of a discipline review board. beginning, i believe it was january or february of 2020, chief mosier put some policy content around the disciplinary review board. the d.r.b., as we refer to it, the mission is to report and discuss the following. aggregate trends related to d.p.a. and i.a.b. complaints,

both alleged and sustained, and policy and training failure cases closed in the prior quarter. the department, in consultation with d.p.a., selects sustained cases from the previous quarter to review for trainings or policy changes, and often, what comes out of these meetings is the board reviews and makes recommendations. we can go to the next slide, please. >> good evening, president cohen, vice president elias, commissioners, chief scott, and

executive director henderson. my name's diana rosenstein, and i will be presenting on behalf of d.p.a. in this presentation. the topics discussed were the failure of officers to wear masks properly or wear masks at all, and also the failure to activate body-worn cameras. those were the trending improper allegations that we were seeing most frequently during that time. next slide, please, stacey. >> thank you. in the aggregate trends identified by the internal affairs division included failure to take an incident report, failure to supervise, and being discourteous to the public. next slide. there were no cases in the

third quarter that resulted in policy failure findings on the part of the internal affairs division. d.p.a. had two cases that resulted in policy failure findings. i'll -- diana will speak to those. >> one case involved plain clothes officers that were not using their body-worn cameras properly. this case actually evolved as the department was crafting new -- a new bureau order on the issue, and so the conconclusions of that particular case and the new policy happened simultaneously, and the new policy did address some of these concerns that d.p.a. raised regarding plain clothes officers not only not being required to wear body-worn cameras but not being required to activate them. those have been addressed to

some extent with respect to the new order, but that is something that we are working on. the second case was actually a very interesting and unique case. it was an incident of an inaccurate report where an officer, assuming that her partner's body-worn camera was functioning correctly, wrote a report, and in the narrative, she said that her partner's body-worn cameras footage had been uploaded when in fact it was not, and it was not due to technical issues. next slide, stacey? >> so with regards to training failures quarter three 2021, neither the internal affairs division nor department of police accountability had any cases that resulted in a finding of training failure.

next slide so as a result of the case that i just mentioned, one of the recommendations that came out of d.r.b. is that the sfpd draft the department notice to notify officers of their responsibility, to notify their supervisors and the report writing officer of the involved incident when they become aware that their body-worn camera was not functioning properly during an incident. in the instance that we just discussed, the officer knew he was having problems with a body-worn camera, but there was a question of who to tell, when to tell, and how to tell it.

there's no personal knowledge that the officers have of whether or not it was done completely and whether or not there were any malfunctions. next slide, please, stacey. the next investigation that came up is that we asked specifically the department, and the department agreed, to draft a reminder to officers that all officers follow department general order 10.11 when working 10-b assignment, and for those of you that don't know, 10-b assignment is when officers are allowed to work in

a private capacity to be hired by a corporation, and the administrative code that allows that to happen is san francisco administrative code 10-b. that's why that's what it's called, so that's the officers that you will sometimes see stationed in walgreens. we noticed an issue with those officers, and so sfpd agreed to draft the department notice reminding officers of their responsibilities. last but not last was a carry over in a discussion that had been on going was the idea that the risk management office and

that the d.p.a. should make regularly scheduled visits to district office stations to review complete trends, actions that could be taken by patrol officers, or any other related issues. at these visits, we would emphasize that we are messaging to supervisors that they have about their supervisory roles and duties and giving information to patrol officers and how d.p.a. works. we will be getting through this

training in approximately ten to 15 weeks. next slide, stacey? so the next -- the fourth quarter disciplinary review board, the date has not been set yet. when assistant chief mosier's back, that date will be set, and i will be handing back the reins to assistant chief sarah hawkins, and at this time, acting deputy chief o'sullivan and i welcome any questions that you may have. >> commissioner yee: i have a question there, diane.

for these training on the d.g.o.s, how much time are they allotted during the training? yeah, that would be my first question? >> i'm not sure how much training officers get? that's a question for the department. we know that a written notice will be issued to all of the officers, reminding them of their obligation to use body-worn cameras when they're on assignment at different corporate locations. with respect to the plain clothes officers, i'm not sure if they get separate training, but i'm sure acting assistant chief o'sullivan can speak to the actual time frame for body-worn camera training. >> yes, thank you, diana. so commissioner yee, couple of

points in response to your question. with regards to the training, we began the process in 2016 of rolling the body-worn cameras out to all members, so at that time, there was a -- what we call train the trainer training that was provided. actually, to step back some months ago, maybe the end of 2020, actually, the issue of body-worn camera noncompliance had been previously addressed, and in response to that, then deputy chief greg yee who was in the position that i am now, he actually worked with our training division so what this our officers come through both for their every-two-year what we call advanced officer training as well as all of our practical training, our