schools and i'm confidence with direct attorney and her teach everyone of those where it is applicable, of course we have to rest and wroit the good reports and enhancements for drug dealing near schools we discourage that as much as the law allows us to do. i don't think any of us want our children step over drug dealers. we have safe passengers on the tenderloin police officers are on the street so kids wuk home from school without walking throughout drug dealers. we do had we have to do to make sure our children are not exposed. there is more we must do it is unacceptable. law allows for enhancements but we gotta give her when she needs to get it filed. >> all right. >> thank you.

thank you very much. thank you for coming out. >> i pledge allegiance to the flag of the united states of america and to the republic for which it stands, one nation, under god indivisible with liberty and justice for all. >> take roll. >> please. >> commissioner walker. >> present. >> commissioner walker present. >> commissioner benedicto. >> present. >> commissioner yanez. >> present.

>> commissioner burn. >> here. >> commissioner yee is under way. also with us tonight, we have chief scott from san francisco police department and chief of staff sarah hawkins for police accountable. >> hello everybody welcome, we're in-person, it's october 19, 2022, welcome to our police commission meeting. we're going to have a full line up of commissioners all 7 of us are here, we're waiting for commissioner ye, with that let's get this party started. >> clerk: line 1, award fwoer outstanding bravery with others. >> [applause].

>> good evening, my name is sergeant lee i'm assigned to the investigator unit. i was assigned ot unit on an incident that i will share you. police officers respond today a residential building on 5th street regarding a person screaming in distress and banging on walls. after making contact with the front desk clerk who called police, they discovered the suspect laying on the floor. anthony, a neighbor was standing over the suspect and checking on him. mr. clue said he thought the suspect may have had a seizure. the officer checked on the suspect and the officer yelled at the officer, i'll kill you, you want a machete shoved up

your f-word throat. he wanted to the officer to shoot him and kill him. almost immediately mr. clue was holding and struggling to keep the suspect from lunging at the officer. the officers attempted to deescalate the situation and the officers arrived on the scene. they saw the suspect enter his room and emerge with a machete with a blade over a foot long. when the suspected attempt to charge at the officers, mr. put his arms to stop him. past mr. clue and waved it as the officers telling him to shoot him. the suspect returned to his room and came back without the machete, the suspect again tried to charge at the officers saying he was going to kill him.

mr. clue again put himself between the officers and the suspect to keep the suspect from advancing. as a suspect was distracted, and continuing to trend the officers mr. clue went into the suspect's room and removed the machete and knife and a bat so the suspect would not be able to go back in the room and rearm himself. eventually after 12 minutes from when the first encounter began, the officers were able to take the suspect into custody with nobody injured. i reached out to the officers on scene who agreed that mr. clue placed himself into harm's way and his actions kept the escalated situation. the police department does not

encourage people to put themselves in dangerous situation. the sfpd would like to recognize anthony clue to protect officers from lethal assault and preventing the suspect from forcing the officer to use lethal forced to protect their lives. thank you. [applause] >> good afternoon, commissioners and public, i want it read this to mr. clue. appreciation to you to put yourself at risk on july 25, 2022 such an example of bravery awarded on this day of october 2022 signed by me.

we really appreciate your work and you know, he went above and beyond, what most people would do. thank you. >> thank you. [applause] and if you decide that you want to do this for a living, we're hiring. >> hi mr. clue, you don't get off that easily. congratulations. is this your family. >> i have my girlfriend, case manager and building manager and the clerk, the desk clerk. they all came out to support me. >> great. >> this is crazy, like i would not imagined this like two or three years ago. getting an award like this is pretty amazing. >> you seem like an amazing person just based on what your actions you took so i think it's us that owes you a huge

thank you and gratitude and also to your support network. we understand that it takes a village often times. >> most definitely. >> and like the chief said, they really need people. so thank you so much. i'm going to open it up to anyone else. commissioner benedicto? >> yes, obviously mr. clue, thank you again echoing what chief and president elias. that people recognize that you went above and beyond in showing the bravery. it's also a great demonstration of what we want to see. it's definitely part of the is model of community policing that we want the department to

show and also something that i've said before that hold community problems, whole of community solutions and you became part of a solution to a real problem in the community. so you are to be congratulated. thank you again. >> thank you. [applause] >> thank you, very much for stepping up and i also want to thank your family and your network of support behind you, it really does take all of us coming together and supporting each other and i want to reiterate that community is where we want to be. thank you again all of you.

>> thank you mr. clue for coming here and your family. i want to emphasize that it's not a understatement that you likely saved somebody life. it was not that long ago that we had a similar situation with remarkable facts and officers were forced to use deadly force and take somebody's life under similar circumstances. so i don't think we can emphasize that enough, you likely saved somebody's life. we owe you a debt of gratitude and this whole city owes you a debt of gratitude and not enough can be said about your bravery and quick thinking. just your instinct under duress

was to protect somebody else. i cannot thank you enough. >> as my colleague, vice president says, not all heroes wear capes. in this situation you really are a hero. commissioner yee. >> thank you, madam chair. anthony you're our hero here today and hero throughout the city. i wish there was more like you, maybe you can set precedence for everybody to follow in your footprints. your bravery shows and you saved as you said another person's life possibly and possibly additional harm. congratulations again. >> thank you. >> i'm going to echo what everybody else said and i thank

you for what you did. making sure that there was nothing available for that man to continue to escalate. it takes a unique skill set to think that quickly. you have a long life ahead you and think about that officer that the chief made we do need good people especially people of color in our department. thank you very much. >> and you get to come hang out with us, how fun is that? commissioner byrne. >> thank you. that's it. [applause] >> thank you. we'll break for photo op, make sure you get everyone in there too.

>> thank you, and thank you to the his support system. we appreciate it.

>> at this time, line one, if you would like to take public comment please step to the podium press star-3 now. >> good evening, caller, you have two minutes. >> hi my name is marie bo, i'm the mother of a child that was murdered next month on november 17, it will be 15 years. i've called to this line before, his name was alan beau. i just wanted to address the issue, there was a resent issue written by joan a lamb. he interviewed over the phone the other day, the article is in regards to the reward of our murdered children as well as maybe other victims of crime.

my son's is 75,000, they start at 10 and they go to 50,000 and how affective having those rewards in place are. and i just wanted to make a statement, i know there is an accountability board for the police and to me as a retired city employee, that leaves miss appropriation for funds. so i would like some answers how the reward goes who gets 2000 and 15,000 et cetera. ?fm this is public comment for certificate of appreciation.

>> okay, i'm talking about the young man who just saved somebody else's life. and that's a good thing, i'm glad he didn't lose his life saving somebody else. my son lost his life saving somebody else. so what do we do about that. this young man is to be commended and his mother should love him. how about our children that have lost their lifelike my son who was murdered august 14, no one is commending him really, he's elvis funeral home, six feet under and this article does not give us any justice. and i do commend that young man, i wish, i know his mother is proud of him, i know she is,

that he's still alive. with that thank you. >> good evening, caller, you have two minutes. >> this young man is lucky to be alive, i'm susan i'm a member of black community. it is, not surprising to me that commissioners are spinning this. of turning this tragedy into a feel good police interaction. this is not an example of collaborative policing. collaborative policing is somebody stand before the police so that the army don't hurt or kill one another. this is about collaborating police this is what people should do put their lives on the line to prevent murder by police.

this is not to stop the police murder. >> good evening, caller you have two minutes. >>ed caller you have two minutes. >> that is the end of public comment. >> line item 2, general public comment. that do not appear on tonight's agenda or within subject matter. under police commission rules of order neither police or dp personnel nor commissioners are required to respond to questions by the public but may provide a brief response.

or you may write written comments to the via postal service. we'll take public comment and then we'll go on the way back. good evening, ms. brown you have two minutes. >> yes, i would like to use the overhead. >> i'm here regarding my son. his case is a cold case. i'm really down today. and i'm down because of this article, this article in the newspaper saying sfpd has paid

zero rewards to unsolved so many sides for nearly a decade. what hope does that give me? i'm here doing this interview and i'm crying. where were you when i was murdered? i need answers, if this reward no good? and some have not getting paid, even if you get the persons that come out and do give a confession, they don't get paid. what hope do i have?

i'm hurting about this. i've been coming here for years and still no justice for him. i need something done about this article. my hope is gone. how are witnesses going to come forward? please give me some hope, some parents like myself. please. >> thank you, ms. brown. members of the public who have information on the murder, you can call the hotline. any other members of the public that would like to make general public comment?

>> hello i volunteer with people with disparities. i want to let ms. brown that i hear you and i've seen here, your words are not falling on deaf ears. i'll follow with a quote from fellow disparity, injustices of black san franciscoian right side urgent, like going to call it what it is. our grown tired of talking to the police commission and board of supervisors. where is the urgency, if they represented white folks, i know there would be urgency. we reached out to new source

sxz therefore we from end quote. there was constitution for the purpose of policing which is one of the police services doj cops recommendations. you started mcguire mentioned it. commissioners benedicto and walter last month mentioned shadowing, pd training. question was is this 4th amendment training? why is the commission training? and due to this training. isn't this a crucial topic in tirmz of reducing disparities. the commission seems to have have expressed frustration but not identified solutions. we're going to ask pertinent questions on what sfpd is doing. thank you. >> good evening, caller you have two minutes. >> speaker: my name is susan

beckman and i volunteer in the disparity in black community. the following is a quote from founder felicia jones, i'm going to call it what it is, anti blackness. i have grown tired of talking to the police commission and to the board of supervisors. where is the urgency, if the tables were turned and they represented white folks, i know there would be a urgency. i'm tired t not tired enough to quit but tired of beating a dead horse. and community involvement and incut. they have emailed concerns

about the commissioners nine times. because of that, we have the board of supervisors and california specialist district attorney general brown to get the answers to our concerns. email that i sent you all yesterday. during the october groups. >> thank you. good evening caller, you have two minutes. >> my name is ana oliver, and i'm calling on case number 081

my brother oliver was beaten unconscious in 2008. was actually the inspect or before he retired. and since he has retired i have not heard anything from san francisco pd pertaining to my brother's murder. i have not even been called to say ms. ms. oliver, we have a new inspect or on the case. i have to have my brother's reward increased. san francisco did not do anything. and i want answers.

i want to know what is san francisco doing about the parks. what are they trying to do for prevention of these murders. and also i want to know what is resolved the case and what is san francisco doing about these unsolved case. and who are the inspectors now? >> good evening, caller you have two minutes. >> this is marie, i apologize speaking out of turn. i did not realize i was inappropriate. i'm the mother of alan murdered 2007 like the lady before said, nobody called me unless i called them. paulet is one mother that is always out there that does not mean that the rest of us mothers are not in pain and

breathing. it's difficult for me to call into the crime as i have not afford to live in the bay area anymore. i'm virtually homeless. this is ridiculous, my son's murdered happened 15 years ago, there is nothing being done about it. i've been told that it's been put in a queue and nobody is investigating. and the reward money is is a joke. short staff, that's just simply unacceptable period.

it's not acceptable to have all of these unsolved murders in san francisco or in the bay area. he's a younger brother that looks exactly like him and my fear is whoever killed my son, that was 20 years old is going to come after my son that is now surpassed his life span and 21 years old. he lives in berkeley near the campus and i'll have to tell people around his building, please look out for my child his older brother was murdered and they still have not found who killed him. and this is what we live with every day. it's near. people are getting away with murder in san francisco, i feel better in mexico and jamaica. san francisco--. >> good evening, caller you have two minutes.

>> hello, anti blackness. then use of force and racial profiling by a traffic stop. i'm tired of beating old horse. and therefore we sought help from attorney general end quote.

sfpd enthusiastickly about progress and reform. yet the bulk of the federal department of justice cops report which resulted in 2 p 2 recommendations remain as problematic as ever. the black disparity remain as high as 2022. this would show repeat offender police officer with racist track record. this is recommended in doj cops, under accountable. we attend these meetings regularly and have never heard this type of reporting wrongdoing discipline and repeat offenders officer. thank you. >> good evening, caller you

have two minutes. >> commissioner i did read that report. in san francisco, i think it's a good investigative report. on what is ream' relevant, don't repeat the same thing like parrots. it makes this whole meeting boring. thank you very much. >> that's the end of public comment.

>> line item 2 adoption minutes. [indiscernible] >> second. >> the motion to accept the minutes commissioner walker how do you vote? >> yes. >> commissioner walker yes. >> commissioner benedicto >> yes >> commissioner yanez is yes. >> commissioner yee. >> yes. >> vice president o behrstone. >> yes. >> president he lie as, yes. >> line item 4, consent calendar receive and file action.

dpa, sp police commission report disciplinary and collaborative reform update. >> i'll make a motion to receive. >> second. >> second. >> on the motion to accept, commissioner walker how do you vote? >> yes. >> commissioner walker is yes. >> commissioner benedicto. >> commissioner yanez. >> commissioner bern. --byrne. >> yes. >> commissioner ye. >> yes. >> commission >> yes. >> yes. >> line item 5, dc report discussion, safety concerns provide an overview of incidents or events occurring in san francisco having an impact on public safety. discussions will be limited to whether to calendar on future meet ing. chief scott. >> thank you, good evening,

again, commissioner president, elias, vice president and chief of staff, acting director and public. i'll start with the just the violent and property crime trends give some overall and some specific in terms of the violent crime. overall we're up 7 percent that's a difference of 2750 incidents. in terms of violent crimes we're up 1, 7 percent and property crimes were up 7% as well. starting with property crimes which includes burglary, we had to decrease but again we're up 7% year to date. some sft highlights up and down, burglaries are down 12%. larceny is up 15%.

auto burglar's year to date is 10 percent. we also have a decrease in arson by about 7 percent which is a small number. overall for our violent crimes, we are up 1 percent from week to week. and that's an increase of 293 sints over 2021. homicides for the year down 5%, sexual assault up 5%. human trafficking is down 56%. specifically on homicides there is been a total of 42 but there was one this week that i will report next week. compare to 44 this time last year. so the decrease is 5% and the overall clearance rate is 61%. there has been 152 shootings

resulting na 15 victims of gun violence. 28 of those victims are homicide victims. but in terms of the year to date homicides with firearms, we're down 15% from 33 to 18. shooting victims are up 3%. 147 to 41 this time last year. and one incident year to date. 176 compared to 175. gun seizure are still up. of those 163 were privately made firearms also known as ghost guns. a little bit highlight on the tenderloin narcotic, drug seizure, 77,246 gross gram.

and of that, 8045 has been fentanyl. which genex seeds all of 2021. we've had 425 arrests for possession of sale, 548 of cash seized and that is street warrants. significantly incident for the week, two reported incidents that i want to talk about. there was a homicide last night or yesterday, it occured on october 18th and that was in the tenderloin. we have, some food to follow-up on that one but we do not have a suspect in custody. so i will report on that last week. we had, two let's see i'm

sorry, 7 non fatal shooting over this reporting period. 23rd and mission, occured on october 11, mission and lilac on october the 11th. baker and oak and park district occured on october the 12th, northern had two-victim shooting on the block of large and on 1014, there was a shooting in the parking lot on the north side of broadway. and we have not made any arrest on any of these shootings, all of these investigation right side on going. we do have booze and we'll follow-up as we have hopeful success on these cases. i do i want to flag couple of incidents, with bum calls. this is something that we saw in san francisco last week, we had a couple of prior.

and these have been fake calls, that particular day that we had last one there were calls in the region and throughout the nation. we refer to a swating calls, calls that are generating some far away, fake calls that cause a huge law enforcement response of things like active shooter incident at schools. and this is an issue that we've seen across the country. so, definitely the fbi is looking into that. we don't know who did this at this point. but it eats up a lot of resources and causes a lot of concerns with parents and school employees and it's a problem. but that's a thing that has been happening over the last few years. our response protocols, we take them seriously and thank goodness the ones we've had have all been fake.

we've already had, we had a call, we got a question about this as we walked in today. in the mission district that also turned out not to pan out, that one is under investigation. that one is started with a phone call that we're following up on. lastly in terms of major events, mainly just after action, there was a lowrider event on the 14th of november. without incident, a lot of nice cars there, a lot of people without incident and northern head, several concerts including a wrap concert that

we deployed heavily for. that is my report for today. thank you. >> thank you, chief. quick question about some of the general comments about the reward article. did you want to comment on that very briefly? >> yes, and i would like to agendize that, i know ms. brown's public comment and some of the other callers. i would like to agendize, we have not had a pay out during my time here. i should say, that should fn prevent us from seeking rewards. we're hoping that some case will be solved by that, but i have not had a pay out since i've been here. there is an internal process for increasing rewards basically when the investigators have gone through the all the leads and they don't have any other investigative options at that

point is when they make a request for reward. the pattern has been basically, a lot will start out 50,000, and some 25,000 depending on the complexity of the case, things like, they're allowed a ton of witnesses to come forward and that nature. so it is not in terms of a set amount that we start off with. and whether the we or investigators have made a case or reason to raise the amount. but we have not had success in terms of people coming forward to collect those rewards. i don't think it should stop us from doing it. you see a case that rewards do break the case. i'm hoping that we have success. and i do want to agendize this,

that article brought out some issues that we should be transparent on. the other thing is dealing with the families. and i know, we met with many families of unsolved cases. commission heard this and i heard this. people don't want their cases forgotten about. so those rewards, on the cases that have gone cold, we increase reward after a year try to stimulate information. sometimes we stimulate recollection, witnesses that may be afraid, those circumstances change. and we increase the reward that that may motivate people.

i think we need to keep that on the table. ive asked if mrs. brown and others have called in. please email the questions that you would like answered so when we agendize the matter, any outstanding questions or concerns that you have, we can make sure that the presenters address those. >> thank you t i have some questions mou, i know that's a separate agenda, so i'll save those for them. i reach out to the department and spoken to chief to get some details on the protocols.

there are two issues how often are they being used effectively. it seems like 2013 was the last time. i hope that they address those points that transparency and the payment. only thing i wanted to say, i saw earlier in the news, board of supervisors member, matt dorsey is preparing a request for information along with a number of proposals. and i don't think that's been said. but whatever it is, i want the commission that is copied. >> thank you, we do have that protocol. we have edge legislative copy.

>> thank you. >> commissioner walker. >> thank you chief for the update. i also agendize on these cases that are unsolved. i think it's a real issue for all of us, i know. and especially the family's. so, i totally support that. i also appreciate the update on the issue on the castro. there was call that happened before, this is the third or fourth time and it's generally around the politicization of the schools and especially our community and education, and

everything from sex education in schools to assisting and supporting our lgbtq community in school. it really important, i mean, in the time when folks are young and in school, there is a most vulnerable and i knower i can has been supporting our community. this is troubling and it's on going and accelerating. so i really look forward an update and happy to be if you need me to help with the community out reach on this, i'm happy to do that. >> thank you. >> thank you. thank you commissioner ye? >> thank you very much madam chair. i just want to thank you first for all of the drug sales and

coming out there and making the arrest. i just want to know if there is any correlation regarding the overdose that has ravaged the city and enforcement of the drug sales, see if there is any correlation or any data that you have that is overdose has gone down. say the same going up. i hope maybe in the next meeting, you can report on it. and again i'm with, commissioner debra walker on the school issues regarding safety i was wondering if you can come forward maybe in the next meeting of the school plans. keeping our students safe. >> i can do both of those.

>> thank you, sergeant public comment. >> members of the public who would like to make public comment online item number 5. please step forward. >> yes, again, i was i would like to use the overhead again. concerning this article which you plan to agendize. and i thank you for that. you talk about there is no witnesses, former gavin newsom said, i know who killed her son, the d.a. know, the police know who killed her son. so if all of them know who killed my son, i even know who killed my son. these are all the names it is

perpetrators that killed my son. anthony hunter, marcus, carter, one of them is deceased. they do the names of the people who murdered my son. the regard to investigate the cases and now this 250 reward means nothing because none of them are being paid out. what hope does that give me, when i've been running around with these posters and standing at polls, what do we have? and here, this is what they left me with.

me standing over my sos, the lifeless body of my son. i still cry, i still cry y'all. and i'm hurting today because of this article. please do something. >> that is the end of public comment. >> thank you. before we get to the next item, my apologies, i forgot to start off the meeting with this month being domestic violence

awareness month. it's being highlighted and i know the department has put a lot of effort into making resources available for domestic violence victims. and i know was it last year, that we passed the d g.o. and manual? >> earlier this year. >> earlier this year, okay. and so we were obviously very proud of that and had all of the stakeholders here to highlight and celebrate the work that we did. and we want to recognize that because it is dv awareness month. thank you. next item. >> line number 6. discussion, announcements, commission will be limited whether any issues raised for future committee meeting.

>> i've been on the whole meeting. good evening, commissioners chief members of the public. i would start with dpa key statistics. we have opened 445 cases, we have clodes 548 cases. currently 256 cased pending. we have sustained immediate ated 18 cases. we currently have 24 cases that are past the 270-day mark of those 18 are told. we have 10 cased pending with the police commission. 87 pending with the chief. in the last week, we received nine new complaints, the top allegations was an after behaved or spoke inappropriate failed to take a require action or failed to write an incident report.

with regards to our outsidity division we have two in progress. one involves the handling of officer misconduct and one involved compliant with san francisco d g.o. 810. we are anticipating an interim audit that will be published hopefully by the end of this year and we're hoping to have that update for the commission in december. with regard to out reach, dp a tabled on 300 block of ellis, we were providing information and answering questions to the community. we're also starting to provide out reach tellseder to library branches. we're working with west portal enrichment to get our materials out. with me is policy director and senior investigator ali, also available remotely as managing attorney diana. we have a number of other things that we're involved in the agenda so i'll be answering

questions and making comment where appropriate. and that concludes this part of the report. >> seeing no one in the squaou, sergeant? >> members that would like to make public comment. please step up to the podium or press star-3. president, there is no public comment. >> thank you, next item. >> line item number 7, commission reports. discussion and possible action. commission reports will be limit to a brief report of activity. commissioner president's report and commissioners reports and commissioner announcement identifying for consideration in a future commission meeting. >> thank you, sergeant. i will start the report. this week, i met actually today, i met with dpa and the

chief regarding dgos and working group fm it's my understanding that dpa and department will be reaching out to the respective commissioners with respect to their work or to the assigned d g.o.s that they have. they have also reiterated the department and their commitment to help commissioner with their assigned d g.o.s. i'm told that commissioner yee you reached out and they're there to contact them. i could encourage to facilitate that. i'm also told that commissioner walker have been in communication with dp a with respect to moving their dgo's along. in that vain, i met with the dpa and department on the

assigned d g.o. 5.08 on non uniformed police officers. we met today, the subject matter was identified with respect to the dgo. it's my understanding that the department currently is working on the draft dgo which they will provide to dpa which they will have 20 days to submit their comments. and that i think was all that i had to report. from my end. commissioner, sorry, commissioner benedicto. >> thank you, president elias. a couple of briefings on my report along with commissioner walker as well as represents from police accountability. we a attended coordinated response which is run by the department's first training, ftl stands for and it was a really great experience.

it was also attended by representatives by other departments, cmcr really remains very strong training by the department and leading training on the department on deescalation. we saw a wide variety of officers there from a number of stations. and just to show the spectrum of experience that training, there was an officer that was still on his one year period and a officer 30 years. all for training. one of the scenarios that the was undergone in the training was a scenario where there was a civilian individual trying to assist in deescalating the situation. and it was striking to see that

scenario train yesterday that those things really do happen and can result in deescalation of a situation. additionally, i would like to provide a further update on our continued efforts on progress on department general order 9101 traffic stops. our next working group meeting will be tomorrow the 20th of october at 11:30 at the boys and girls club. that information is posted on the commission's website. and we'll announce more details on future meetings but we're going to have additional listening sessions for the broader community, those will be in the evenings in the month of november, so we'll update the commission and members of the public and community sessions as we go and in this process. i already talked about the reward item that i would like to have agendized.

on the future continue to work on dgos. i want to give recognition to--captain who have been managing our many request about many dgos and doing so with patience and previsions thank you to both of them for that. that's all i have. >> thank you. commissioner benedicto i was remiss by not recognizing those two individuals as well and i'm told they're doing it to all commissioners an update where the progress is and what next steps are and how they can help facilitate moving along. >> commissioner yanez. >> thank you, and i did want to provide an update about one of the dgos that has been assigned around social media. did provide a rational for a recommendation that they had to

collapse and combine the social media. i do not believe that we want to proceed in that direction. considering how contentious and challenging and cumbersome that can be. i'm going to recommend that we move forward with activating the working group 4 social media d g.o. on independent of the media relations d g.o. and i believe to the department of dp as also on board with this. i hope that we can start the clock on that. the other d g.o.s that i had, the language access d g.o. is going to be initialed next year because it's on the second tier i believe and that's my update. >> thank you, commissioner yanez. vice president? >> just want to update for me,

which is i recently became aware and the minutes have not been issued yet so i'm not 100% sure. but i'm sure that committee of the california penal code just met earlier this week. and for members of the public this is a committee established by statute, it's comprised of experts former, famous judges, former policy experts who are experts in the area of criminal law. and they commit an annual report to the california legislature recommends changes to our penal code in the state. it's my understanding that this week they voted for this year annual report to recommend two changes among others but two are relevant to us. the first, is is that they recommend that peace officers no longer have the ability to make stops for a series of low level traffic offenses and

specifically offensers were vehicle registration, position or number of license plates, lighting equipment, window tints or equipments. and then second, they also recommended that law enforcement officers no longer be able to make consent searches in the course of traffic stop. and i just note these recommendations because they near, they map on exactly to the what we have in our current draft d g.o. 9.01 that is meant to curtail. our d g.o. is very much influx as we take in input from the community but it is good to know that we're on the right track. that the expert over at the committee on the penal code are making revisions that are in line with what this commission has initially proposed. that's all for me.

>> thank you, commissioner yee. >> thank you very much. madam chair. just reporting that october 21, is our recruiting class graduation, i'll be attending and saying a few words. also on for tomorrow, the work stop for 9.01 i plan to attend on boys and girls club. that's all i have to report. >> thank you, commissioner walker. >> i don't have any updates in addition to what i did last week around my dgos. i would have to say that it was an amazing experience to observe the classes, the crcm

class wz commissioner benedict ofrjt monday and tuesday. and the participants and the instructor all shared how important it was for their own training and how it's affected their policing in general and at the department. so, and i know that the class itself is a national model. so i want to congratulate everyone for forwarding that. it's making a difference in policing and i think everything we can do along that line is really important. so thank you for allowing us to observe. i know that it may cramp the style but it's really important, if you have not seen it it's really really an important effort. i want to just applaud the academy, the instructors and the department and dpa. >> thank you commissioner

walker. i'm reminded by two other things but i will say that the cncr training is phenomenal and for commissioners who have not been able to attend, please reach out to the department, it's something that is useful and something that really does help officers deal with the actual situations, that they're faced with not could have should have situations. two more things that i forgot to note, one. commissioner walker has gracious lea greed to lead another dgo which is 6.13 and then gracious alyha loud me to assist her with that effort since i was working with and we may be able to collaborate and get process. so please add that to the list of dgos. secondly, i forgot to mention with respect to dgo the traffic stop, at the last working

group, i had asked commender yip and jones to provide us with data that the commander had with the traffic stops and dgo. i wanted the data and racial make up of how many stops they've made with respect to those specific band offenses. i was told that the working group, i forget the date that that was something the department was already working on and that that information was going to be available or would be available to us. and you said that was fine. and recall vice president had asked for the data early on several months before. i then reached out again to of course for that data and provide it because i think that data is very important and i

think the working group was very interested on that data. today i was reminded that despite my request to have that data provided on monday and since our working group is tomorrow, i have not received that data. i was made aware that, it was commander yap and jones was working on it and it was director mcguire that was suppose to provide this data that we still don't have. that we think is going to be useful to the public, you've been at our working groups. you know the type of questions and information that they want. and i think this is extremely relevant and i think yap and jones also believe that information is relevant and it's really frustrated when we don't have the information. tomorrow is our working group, so it does not allow us the proper time for to prepare for

these meetings and to get this information so we can share it with the public. you know, the working groups do get, they have a lot of questions and there is a lot of information and i think that is something that really is going to help guide us when we have these discussions. so, i'm not sure when we can get this data. but, i'm, you know, i'm not really sure what else to do since we've asked several times and there is nothing has been done. go ahead. >> how to request to speak. >> commissioner yee is going to help. >> virtual meetings mess me up. thank you commissioner. so first, let me say this. the data is i think it's been sent to you since we talked.

but i have not i'm looking at it right now. >> wait when was it senlt? -- ~>> when you and i talked this morning, i told you i would follow-up. but it did not get to you on monday. i do know that the data has been sent and i do know that there may be some other formatting work in terms of getting the data more readable. but i'm looking at it it's a spreadsheet and there is been charts and it i think it does answer questions. i tick full responsibility for the delay, i don't have the answer because some of the people that i need to talk to were on a plane to get here. i take full responsibility for that, but the data has been sent. >> can you make sure that the other two commissioners that are going to be in the working group also have that data. i will apologize to the public

and to the members of the working group, we wished and hoped that we had this information to the provide to the working dwraoup so that they can better understand where we're coming from. we understand there is a lot of false information so we thought that the data would help us quash some of the quauls information and the rumours going out about this dgo. >> yes and i did not get a chance to talk to you because i was on the phone as i walked through the door. but the email has been sent to young blood and it should be distributed to you. so let me formerly say i'll take full responsibility and get to the bottom of what the delay was. when things go wrong, it's on me. i know i have a team. but the responsibilities.

the other update, and i wanted to provide. who was graciously helped us. gracious lea greed to work on the commission on providing the community and ensuring that the community is heard with respect to the d g.o. process. often times the community does not feel comfortable going into a room with uniform police officers and so considering all the trauma and reasons for that, hrc had agreed to take out the community option for this and we're grateful for them. and we're going to have another

listen session to ensure that the community is heard. commissioner benedicto. >> yes, again, throughout this process, we're really grateful to hrc to director charles davis and hrc staff for providing and facilitating all of these working group and being tremendous partner. glide are also members of the group but have offered to facilitate, that willing next wednesday the 26th *f october from 4:30 to 7:30 and that's add glide methodist church. details but it will tb the evening next wednesday so that people in the community can access and attend that. and hrc with the cooperation is

focusing on. but this one is going to be focused just on members of the community. they're not going to be officers for those that like a forum that is of that nature, so thank you very much to glide and hrc and hrc is also coordinating additional listening sessions. thank you.

>> my question is what is the protocol for the use of stationary for another legislative body. for example, if something is in the board of supervisors, are we allowed then to voice our concerns on this. i was unaware of what the protocol was and it's important the public know what the protocol is for writing. the letter stated that more than once that it was not on the entire board. but i was unfamiliar with the protocol as to how far we're allowed to do that and i was hoping for explanation, thank you. >> that's great, and i think that we'll agendize that, past

president hersh and president taylor. and we were also advised by the city attorney what the uses were so we comply by the city attorney's advise, but you're right we need to agendize this so public is aware of the use of the letter head. >> thank you. >> thank you. commissioner yanez. >> i did want to add another update to my report. i have been in contact with the policy director, around coordinating for presentation around a department or the impact on juveniles since the departments approach to addressing some of the tenderloin issues as potentially lead to an impact on the jail population at the justice center. and then i also did attach myself to the dgo revision

along with commissioner benedicto because i'm going to age myself, i worked on that about 20 years ago so it could be great to get back into the circle. >> thank you, ms. hawkins. >> thank you, i would just request that the data that is being provided to the group, be sent to the group as jermaine jones as they have been attending the sessions. and plug cncr along with the commissioners that attended one of our attorneys and investigators. we continue to be big supporter of that training and have sent many of our staff as possible so they're understanding all of that great training. >> thank you. and sergeant can you ensure that ms. kaywood and mr. jones also receive the data. thank you. >> public comment.

members of the public that would like to make public comment, please approach the podium or press star-3. president elias there is no public comment. >> thank you, next item. >> item line 8, for meeting and conferring with the san francisco association. judge walker retired and da's office have agreed upon. discussion and possible action. >> thank you, president elias, vice president and commission. i'll start off, i'm going to start high level.

i know i'll anticipate a lot of questions. so i really want to start off with the major changes with mou and sergeant young blood did read that this process was mediated by retired federal judge walker. but for the public who did not keep up, i want to talk about the process because i think that is important for the people who may not know. very briefly this process was one that i reached outback in march i believe it was, to the attorney general to ask some assistance to resolve smft disputes that we were having at the time, the police department and the district attorney over some of the mou language and disagreements on how that was interpreted and mainly information that was shared and not being shared. and this was on both sides.

initialed by sfpd but eventually on both sides. where the california general or his chief of staff or one of his attorneys high up on the staff came in and worked on the city to establish the process through our city attorney's office where an independent arbitrator came in. we all agreed on process and that lead to discussions to settle the disputes that were at hand and also to inform the language of this draft that had you before you and it's been made public for review and comment. so that process lead us to today. that process started several months ago, i don't remember, i think it was april or after, i believe it was april. and it's gone through some

issues that including the change of administration in the office. but we now have a document that was vetted and reviewed by the judge, the mediator and we also took mediators input and had what the district attorney and i agree that is a fair document to address the issue that were raised on both sides. so that's what you have before you. and i will just highlight there, there is some organizational changes and i will go through all of those. but i'll be happy to answer questions but there are some very important parts of the mou that i want to highlight. and divert your attention as we go through the conversation. page 10 and 11 at least on the red line copy that has been published, is the section that deals with evidence case management systems and identification of what is in the case files and the process for that identification on both sides.

and that is a significant change. part of the issue that was being debated was, what was in case filed on both sides and whether that information was shared according to mou that is still in place but has a letter of termination on it based on when we can get this mou done. so part of the issue was, each side didn't really have a full visibility and understanding of what was in those files. and what we tried to do here is come up with a system to identify what was in the files to protect the ability for either side when they, believe that they have a privilege to claim that privilege but at least, declare what you're claiming privilege on and then we can have that discussion. and if that causes the dispute,

the other significant part is where there is a process built in this mou for prearranged dispute resolution and i believe and you believe, i'll speak for myself not the district attorney that i think would avoid a discussion. there is a resolution that will go and arbitrated that will be picked by both sides and negotiated by our city attorney's office. attempting to make an mou, i think that will avoid this from ever happening again. uni laterally and that's where we spepd a lot of time on. i know dpa has some comments, i'll reserve some comments where dpa has an opportunity to

present their point of view and i know there are several questions from the commission. i'll stop there, that's very high level. but there are a lot of changes, rewording here and there. i know words are important, some of it was, better organization that in our opinion provided more clarity and some were very substantial like the creation of this management system and an arbitration process that both sides agree to. so i will stop there as an introduction and happy to answer questions and discuss after commission has comment sxz questions and dpa as well. >> before i turn it over to the commissioners. i'm going to turn it over to ms. hawkins, it's my understand that you had a conversation with the mou if you would like to share with the public what that conversation was.

>> sure, i'll give an overview if that's okay with you. i would like to hear ms. hawkins recommendations. we've been talking last night, today, up until a couple of hours of this meeting. there is a lot of discussion on this. but the bottom line, dpa has some suggestions and recommendations. it's important to let dpa speak to recommendations and i can comment. we had some, i think some respectful and productive conversations on these recommendations. but once, ms. raises them, they may have changed since we talked. i want to hear them and then i'll respond accordingly. >> sure, as we a little bit of background, back in march, director henderson wrote a

letter to the ag that our concerns were not going to be contemplated and when we got the draft of mou, there were concerns because we acknowledged that they do administrative. and from a practical point, that raises concerns, we're charter mandated to do these independent investigations and we've had varying experiences in a way that has impede our act to investigate at certain points. so our concern is what happens at the scene. and depending if it is a cover incident in which we have jurisdiction, we want to make sure that our rights at the scene are preserved to get briefed to be present to do a walk through of the evidence. second is the interviews and this is where things have started to break down. we show up, we are familiar situated to iad so we should be

present for the interviews, not acting questions and in a separate room but we have had varying experiences with whether or not that is happening. with regard to the interviews the next area is the evidence. we believe that dpa should be included so if the timeline is that information is turned over to sfpd in five days then dpd should receive that information in five days. and that's to ensure that we don't have a situation like we've had previously. there was a video and the da's office said it was the police department and the police department was to give it us and we didn't get it before the public did. so evidence and the final big bucket category is declaration letters.

this is a real impact on the timeliness. we have the one-year statute of limitations. we found it after dekli nation was issued. that impacts our deadline. we're proactive, we're investigate from day one. we're not waiting for the letters. those are the large buckets and so what our recommendation is that in those areas, there be language that say, that says, sfpd is responsible to provide x to dpa. we understand that as a da's office is a state authorized agency, it would not be finding to sfpd under the authority of the commission. that is our high level requests

and the most pertinent section. >> is there anything else in the conversation that you wanted to share. >> we have more specific kind of diner, i believe also remotely for this meeting. we went through sections but that was the broad gist of it. we did go through the red line and explain with some specificity where we thought the line should be inserted. >> commissioner benedicto. >> i think the chief wanted to add something. >> i can respond now or after. >> i'll ask my questions then. thank you, chief and director hawkins. m