tv Police Commission SFGTV February 11, 2023 6:00am-10:06am PST
6:00 am
>> meeting of the san francisco police commission. the chair called the meeting to order. please rise for the pledge of allegiance. >> i pledge allegiance to the flag of the united states of america, and to the republic, for which it stands, one nation, under god, indivisible, with liberty and justice for all. >> vice president carter oberstone, i like to take roll? >> please. [roll call]
6:01 am
>> you have a quorum. also here tonight we have chief william scott appearing virtually as well as assistant chief lazar and paul henderson from department of police accountability. >> welcome everyone. for member s for the public want to advice changes to the agenda. item 5 is taken off the agenda today because there isn't yet a revised version for the public and the commission to consider, and the chief will give a update on status of the negotiations during his chief's report. chief scott will be joining remotely for a portion of today's meeting and so we will take a couple items out of order that chief scott will speak on so he can speak first because he is on the east coast. with that, we are going to start with item number 6, please. >> line item 6,
6:02 am
discussion of deadlines per dgo 3.01 written communication for guidelines of first amendment activity 6.18 warrant arrests and 9.303 mandatory blood test for drivers under the influence. at request of the commission. >> i asked for the item to be placed on the agenda a few weeks ago and wanted to provide background and context on the issue. so, it was a few months ago now that director henderson highlighted for the commission that there were 26 dgo's that had been started the revision process but had been stalled despite the department having received recommendations from dpa. in response to that-some of the dgo most stalled over a year, some over two
6:03 am
years. in response to that the commission took a few steps. first president elias assigned to each commissioner each of these dgo's so each commissioner had personal responsibility to shepherd the dgo through the revision process and insure that timelines were being met. secondly, last year dgo 3.01 became effective and with dgo 3.01 does, it sets out an explicit step by step process how dgo's are to be revised. it sets strict timelines for each step along the process. now, while the timelines are strict, they are not completely inflexible. the dgo allows for dpa or department to seek extension of time if they feel they are not able to meet a deadline and just have to describe explain why there is good cause to receive
6:04 am
an extension and the commission then decides whether or not to grant that extension. i called this because it appeared that certain deadlines were not being met for dgo-revision of dgo 8.10, first amendment surveillance activities and it appeared also the department did not seek an extension of time as required under 3.01. back when we had our original meeting many months ago to discuss the 26 stalled dgo's many of us were including myself, many were very critical of chief scott for the unexplained delay, but i also said back then and still believe very much now that the commission was just as much at fault because it is ultimately our responsibility as the oversight body to insure that policy revision is happening on time. when we have
6:05 am
instances as in the case of dgo 8.10 where deadlines are not met, it is the commission responsibility to inquire why that is, especially when there is no timely request for extension of time and i also say in addition to 8.10, commissioner benedicto had similar issue s and asked for other dgo's to be placed on the agenda. if it is alright, i'll start with 8.10 and you can take it away. sergeant, could you put the graphic up? alright. so, i just wanted to-as part of this inquiry into dgo 8 10 i asked to provide e-mails as it relates
6:06 am
to the dgo and this just outlines the timeline of those e-mails. on october 27, dpa requested certain documents in the department it needed to make it phase one recommendation grid. there is no response as far as i can tell to the e-mail. november 3 sent the department the grid that triggered a december 6 deadline for the department to respond to that recommendation grid. on november 22, there was a follow-up e-mail from dpa because it had not received response to this point. december 6 came and went with no response from the department. december 8, three things happened. dpa e-mailed the department requesting update in light of the expired deadline. director kaywood
6:07 am
left a voice mail with (inaudible) regarding the deadline, and then (inaudible) responded viae-mail he was out on vacation but would be back december 12. december 12 director kaywood and (inaudible) spoke via phone. december 14 i texted chief scott asking what the deal with was the elapsed deadlines and on that same day-this is a-i accidently sent an old deadline. that same day there was internal e-mail (inaudible) and lieutenant asked permission to seek extension but didn't seek until december 20. i wonder if i can start with mrs. kaywood.
6:08 am
>> good evening vice president carter oberstone and commissioners. >> hi, director kaywood. so i wanted to ask basic questions to provide context to the dgo revision process we are talking about. november 3 you sent phase one recommendation grid to the department. >> correct. >> can you explain to the public what is a recommendation grid? >> sure. a recommendation grid is excel spreadsheet. it has four columns. the first column dpa itemizes recommendations pertaining to a particular dgo. the second column is the date submitted the dgo recommendation. the third column is for sfpd to respond whether they accept the recommendation or not or whether it is partially accepted. the fourth column allows for sfpd to provide a brief description for
6:09 am
their-whether they agree with the recommendation or not. it was a tracking device created by (inaudible) a good way for the department and dpa to keep track of our recommendations and for the public to keep track as well. >> if -phase one recommendation grid is under new 3.01 is pre-drafting recommendation that dpa provides. they are often general high level just to put the department on notice of issues we are looking into. once we receive a draft, we have the opportunity to provide a stage 2 recommendation grid and that's where we go line by line through the draft dgo and provide specific recommendations. >> thank you. how many recommendations did dpa make? >> i believe 4 and one was request for documents. >> i see. okay. so, three substantive recommendations that would require response? >> correct.
6:10 am
>> what does a response to a recommendation generally look like? >> it usually look-the department will say, recommendation will be included not included or partially included and then they'll say why. it is usually a matter of 3 sentences. >> great. just in reviewing the e-mail you sent an e-mail october 27 and another e-mail november 22 and i didn't see response to those e-mails. am i reading that right or did you receive response over e-mail or phone call or anything like that? >> i didn't receive response via e-mail or telephone call. >> by any other mean s? >> i didn't receive response from anyone until i e-mailed (inaudible) on his own with no one else copied and asked if we could talk and he responded right away. that was
6:11 am
on december 8. >> great. thank you. i don't-is (inaudible) in the house tonight >> you have active deputy chief. >> and lieutenant o'connor? >> and you have-just the acting deputy chief responsible for the investigation bureau. >> okay. because the commission asked-the commission asked for dc vas wany and lieutenant o'connor. did we receive communication that they wouldn't be at the commission today? >> i did request or ask the person in charge (inaudible) deputy chief is off as stated by (inaudible) i asked commander [difficulty hearing
6:12 am
speaker] to answer any questions. >> what's the (inaudible) lieutenant o'connor want able to make it? >> because i want the executive sponsors who are responsible for this dgo to be here to answer whatever questions the commission has and whatever questions come up. >> just so i understand, why wasn't i or the commission apprised of this until-apprised of this at all? >> i did communicate. i didn't call you, i did communicate-i wanted to be responsible for answering these questions. >> so, just-i guess i don't understand. you did or did not communicate lieutenant o'connor and dc vaswani would be here? >> i did. i communicated to the commission office of who will be representing the department on this
6:13 am
issue. >> okay. i guess we can address this a different time, but i did ask for two specific people to be here just picking the people who seem to have the most intimate involvement based on the e-mails and i think that the least we could get is response saying why those people wont be available at some point in advance. i certainly never saw that chief and we had numerous conversations between the time i made the request and this hearing and you never raised it. >> i communicated that last week that the deputy chief or who ever is acting as deputy chief will be responsible for answering the questions. they are the ones responsible as they are the executive sponsors so i like them to be to answer the questions. >> alright. understood. we'll move ahead with what
6:14 am
we got today. okay, thank you so much director kaywood. >> thank you. i did have questions to the department, so --all good. could you-i didn't catch your name when the chief said it? >> i'll start. first of all i apologize being a little late, and i am here on behalf of dc vas wani to speak on 8.10 so i'll just start. good evening vice president carter oberstone, commissioners, asirsant chief luzar, chief scott, executive director henderson and memberoffs the public. i'm cumanner eric mon
6:15 am
(inaudible) dc vaswani is not here this week so i'll provide update on the status of general order 8.10 guidelines for first amendment activities but i will give a overview of the special investigation division. this is the unit the subject matter expert is for this general order. >> sorry to interrupt, are you presenting on the next agenda item where the department is giving a description of 810 and 3.01? >> yes. >> okay. i think that is what you are about to do is germane to the next item. for this item i had a few specific questions what happened isthis particular case and you will have a opportunity to discuss the process and the dgo's you are about for item number 7 on the agenda today, the next item. could you just explain what your roles and responsibilities are as it relates to dgo 810? >> so, our role and
6:16 am
responsibilities the sponsor of the executive sponsor is dc vaswani so filling in for him. the subject matter expert is david o'connor and our job is to revise this dgo and get community input obviously from all our partners including dpa and present this outlined in 3.01. >> as it relates to the revision of it dgo, what is your role if any? >> well, i fill in for dc vaswani in his absence, so if these dgo's are not being meeting guidelines or timelines and ultimately that would be on me as commander of investigation and filling as a dc of investigations. i do have a lot of litigating circumstances i- >> i think item 7 will
6:17 am
give ample opportunity to discuss them and hopefully get to those for this item as well. let me just ask you, do you know why nobody responded to director kaywood's e-mails on october 27 and november 22? >> i can't speak on that. i do not know. >> okay. just looking at my notes. you were on the october 27 e-mail. again, this is why i asked for dc vaswani and lieutenant o'connor to be here. how many hours in your estimation would it take to respond to three substantive recommendations that dpa made in this case? >> i don't want to guess on that. i do know 8.10 is complex dgo and has a lot to do with first amendment activity and there is a lot of consultation with our legal counsel on that, so i don't
6:18 am
know how many hours it would take. >> are you familiar with the recommendations that dpasent over for this dgo, the specific ones? >> i have not seen them, no. >> okay. okay. i think what needs to happen here is we need to reschedule this, because the department has decided to send someone who is not familiar with the particulars of this case. i have to say i'm really disappointed. i'm really disappointed chief. we had many conversations between the time i asked for two specific individuals to come make a presentation and there is ample time for you to say, someone is out on vacation or i dont think that st. the right person, can we have discussion about it. we even had a phone call about this specific agenda item, and you didn't raise this and now finding out literally live at the meeting and you sent someone who is not even familiar with the recommendations made in
6:19 am
this-for this particular dgo and that is the entire subject of this agenda item. so- >> may i speak ? >> please. >> thank you. thank you. i can answer your questions about the responsiveness or the e-mail. the bottom line is we were not responsive. there is no excuse for it (inaudible) it doesn't take a lot of time to answer two or three questions. we just did not hit the mark at all on that issue. i looked at all the records, looked at all the (inaudible) asked the questions internally and we just have to own up we were not responsive and it really doesn't matter [audio cutting in and out] that issue we are not responsive. there are mitigating factors that we get to the next phase of the discussion that we can talk
6:20 am
about that (inaudible) how long does it take to (inaudible) we were not responsive. [difficulty hearing speaker] we understand (inaudible) this is one of them. (inaudible) >> okay. chief thanks. i appreciate your candor on that. at the same time, i asked for two specific people to be here today so we can have discussion about what actually happened and i was given absolutely zero notice that the department had apparently already decided that those two people would not be available and again i'm extremely disappointed that the commission's time is wasted, the public time is being wasted in this way. my
6:21 am
inclination now is take the two items off. reschedule them at a time dc vaswani and lieutenant o'connor can be available and find a time that works for everyone. >> commissioner, can i just make one ask? >> of course. >> there are three dgo and the other two (inaudible) as far as the deputy chief and lieutenant, honesty, the questions that you are asking i can answer those. i'll take this as well, one thing that we have to have in this department is accountability at all levels including myself and i ask those deputy chief in case of the commanders because they are responsible for making sure-just like i'm responsible. i can answer your
6:22 am
questions. if you want to bring the (inaudible) subject matter expert, really what we to stay away from is having the subject matter expert (inaudible) that is part of our problem. (inaudible) one thing that i like to do if i can ask the commission support on this is ask the executive sponsors (inaudible) i have to answer for the entire department so why i made the decision and how we are trying to be structured so the subject matter experts who all have operational jobs can answer to what they do and have the accountability-everybod y has to be held accountable but saying we need the executives on the meetings because they are responsible and some of what we
6:23 am
have seen (inaudible) >> great. thank you chief. i understand that commissioner benedicto had two dgo to address. he didn't ask for specific individuals to be present. i think since this is agendized if commissioner benedicto wants to have the dgo's he wanted to address we can do that. item 7 is off the agenda and reschedule this item as it relates to dgo 8.10 at a time lieutenant o'connor and dc vaswani are available to answer questions. >> thank you vice president carter oberstone. i like to call mrs. kaywood back to talk about dgo 9.03. >> good evening. >> good evening mrs. kaywood.
6:24 am
so dgo 9.03 concerns mandatory blood test for drivers under the influence, is that correct? >> correct. >> i believe that in the september, october of 2022 i started the clock on dgo 9.03, correct? >> 9.03 was on our list of languishing dgo's and if i can give quick background? >> please do. >> june 2, 2021 sent a recommendation grid to the department and haven't heard back so i listed it on one of the dgo's that had fallen off. you didn't start the clock because this is under the old 3.01, but on september 27 we all had a meeting with you written directives and me and you requested a meeting with the appropriate dc, the subject matter expert written directives and me and
6:25 am
the meeting was never scheduled. >> it looks like you followed to repeat that request jan january 10? >> correct. >> did you receive response? >> i don't think so. >> is someone here from the department on 9.03? >> yep. good evening commissioners. daniel (inaudible) deputy chief special operations bureau executive sponsor for 9.03. >> thank you. did you receive mrs. kaywood's request for-my request for meeting with yourself subject matter expert and written directives october 2022? jurks is >> i did and the reason is i was out of the office during that period and have gone over the (inaudible) provided of all the e-mail communication and i will say preemptively and know you and i have met and spoken at different events so might know a little about me, but i
6:26 am
am absolutely committed to being responsive for request for meetings, conversations for whatever is necessary to take care of these priorities and meet deadlines. in my absence there was a commander who was in place as the active deputy chief who was responsible for getting all this to happen and are not to say too much or go too far, i will end with this, my understanding is that there was finally maybe not as quickly as should have been but a meeting calendared with you over the concerns you have and i don't-was told the meeting was subsequentially-hasn't happened yet but calendared. >> okay. i don't recall a meeting being calendared on the issue. do you have a dete date it was set? it was rescheduled? >> i was told early
6:27 am
january, but the-my position in the process is i get e-mails and get meeting invitations and i show up and click yes and present for all the meetings, but if you-if the commission or you would like me to take responsibility for calendar the meetings i will give you the contact information and take that, not to suggest it isn't being done, but as the executive sponsor happy to step in and do that because that is what i do with the subject matter expert and people beneath me, excuse me, i misspoke, the people i work with responsible for the work of what you need and happy to help you. they are keeping me pretty well informed as far as i can tell. >> okay. on this then, mrs. kaywood if i could
6:28 am
trouble you to send e-mail communication to the group you have been corresponding with which i believe should include deputy chief and to request a meeting and we'll schedule that. >> (inaudible) >> yes. thank you deputy chief. >> thank you. >> i do want recall in recent weeks i had discussion with lieutenant (inaudible) who updated me on 9.03. he said that they were waiting for 9.03-they wanted to finish 5.16, the search warrant dgo because there was overlap. i note the overlap is really small, so it would have been great to have just had that-been able to review the whole dgo and put a pin in the part that pertains 516 but i recall in recent weeks (inaudible) >> that's very helpful. thank you. likewise president carter oberstone said, this is meant to be conversation.
6:29 am
the new procedures is new for the commission for the department and dpa and going to be areas where the commission is the reason for delay and want to make sure we are having this discussion and it is transparent and in front of the public. >> i will say and had discussion with lazar, a lot of problems stem from poor communication rather then disagreement. i appreciate the hearing because the extent we can open the channel of communication i think a lot of the conflict will take care of itself. >> absolutely. i think that is exactly right, it is communication. let's move on to dgo 6.18. chief. >> if i may commissioner. i wanted to add one thing. you have my e-mail contact information. keep update to what is going on, one of the
6:30 am
legal counsel cara lasy was working with the issue of search warrant and ryan cow who is also a attorney, formally with va office who was told is a expert with dui litigation and cases prosecution is now has now stepped in and i was told that their research and their final version will be ready march 10. >> okay. >> that's a update i can provide you now. >> that's a draft would be provided to dpa march 10 for 9.03? >> yes, sir. that is my understanding. >> okay. >> i will my card to stacey. sergeant youngblood- >> thank you. >> thank you. >> would you discuss dgo 6.18, please?
6:31 am
>> dgo 6.18 is warrant arrest. our records show and this was before my time as policy director that dpa submitted recommendation grid on november 17, 2020. march 2, 2021 the department accepted our recommendations. we got a daft 06 the dgo on 6-14-2021 and we like the daft and it sort of fell off. on october 27 of last year commissioner you ordered the department to provide dpa with a draft by november 28, 2022. i gave the department i think 6 weeks-nobody ever met that deadline or reached out to me to explain why the deadline couldn't be met or to ask for more time. i will note that that date was selected with joint agreement with there department and dpa, so again, for the lack of
6:32 am
communication that gets frustrating and why we reach out to the commission. had someone just talked to me about whatever barriers they were facing i'm sure we could have negotiated a new date and let you know. i have received the draft, it is excellent. we have one remaining issue we like to discuss with dco sullivan and cara lacy and captain harvey and think we can resolve it quickly. >> great. i recall you received draft february 1 after i asked-after chief report last week? >> rights. >> is dco sullivan-- good evening deputy chief. is there--same question i think vice president carter oberstone was going to ask. is there a reason the 11-28
6:33 am
deadline was missed? >> that is my responsibility and oversight and take responsibility for it. i did not have discussion about concerns of dpa. had i been aware i am more than happy to discus. it was submitted and received a favorable response as stated. there was ask for follow-up discussion and that will occur february 20. >> which week? >> week of february 20? >> okay. thank you. it sounds like 6 weeks after that deadline was met there was a communication not replied to, is that correct? >> i'm unaware of that. >> the department didn't seek extension to the deadline, correct? >> correct. >> is there a reason the department didn't seek extension of the deadline? >> i would say that is my
6:34 am
responsibility. >> okay. >> thank you chief. i'm glad that (inaudible) from director kaywood glad to hear it is positive draft and i think just this gets to the overarching theme of the issue of communication. there is a process for requesting extensions and i would hope that -i'm glad we had the discussion. i'm glad for the candor of the chief scott and deputy chiefs who have taken their responsibility and there are over a dozen more dgo's that the various commissioners have assigned and i would hope that these three won't be what we see going forward. there is deadlines coming up for my dgo. if the department isn't going to make those i hope the department will request extensions and so the
6:35 am
commission can consider them under 3.01. thank you. >> i just wanted to mention one thing. i apologize, i'll be brief. i just want everyone on the commission to know and you because i have some of the dgo's that have been-you are responsible for as well, again we have a plan. the chief made it very clear what the priorities are. we all live with deadlines. the folks that work for me have deadlines we have to meet so it they are important to all of us. we receive constant updates from the written directive unit about deadlines, sme, where all the different orders are in place and i can say for my is lf and imagine for the other deputy chiefs as well that the majority of what i have is right on track or has been submitted and we are also very well aware of 3.01 and the ability to ask for extension which we will do if we
6:36 am
get there. we'll ask for permission for that. >> also note i do want to recognize as all the commissioners do that we are in a period of extraordinarily rapid development of policy of the department. i mentioned last week when we passed a dgo looking back at the report there was a two year period where 5 dgo's were passed and so we appreciate that there is a lot more activity and think that is very positive and these growing pains are perhaps inevability and our goal as the commission is make sure the members of the public are apprised and dealing with them and the department is complying with the obligations under 3.01 because as the oversight party of the department we have a responsibility to do that too. it does not go unrecognized how much progress and how
6:37 am
much work has been made on the dgo's and the substance of it dgo's themselves are not coming out with significant disgruments, it is just matter of communication and look forward to that being resolved. >> i appreciate that and i would be remiss if i didn't pass your complement to the sme 's we have. these folks are absolutely the right people and subject matter experts and in addition to the responsibilities they have like the officer with 9.03 jones is excellent police officer, everything you would want a expert in the field and also support for in addition of the policy piece to the every day work of assigned to the motorcycle company and investigating complex collisions that have serious injury or fatalities. just as a dc we are trying to walk a fine line too between
6:38 am
being respectful of that and not putting undue pressure but trying to figure a way to get them what they need so they can be successful and move this forward because they are the experts. >> thank you. >> thank you. >> ac lazar. >> i want to add i know chief scott mentioned about what his role has been and deputy chief so i have the privilege working with deputy chief as assistant chief and paying close attention now. we put a system in place to help keep on track. the dates are my desk and look at them every day. to your point 3.01 being new and have to have strategies to remember due dates i'm involved now to make sure everyone is doing what they are supposed to be doing and everyone is committed to do what we are supposed to do. >> that's great. thank you chief lazar and
6:39 am
heartened to hear the department has taken steps to insure we stay on track going forward and as commissioner benedicto said, there is certainly a lot of dgo's being revised and we understand that place is a serious burden on written directives and sme and others involved in the revision process. before we move on i want to make a clear record what happened today. i'm glad for the dgo's that commissioner benedicto is overseeing we are able to have a productive conversation and understand what happened, but for dgo 8.10, i requested that the two people-the subject matter expert and dc vaswani, the two people with first hand knowledge what was going on to the come to the commission meeting to have a understanding where the process
6:40 am
broke down. the commission was exercising its oversight power tuesday understand itself and to unearth for the public exactly where things went off the rails as it relates to dgo 8.10. what the department did is unilaterally blocked those two people coming to the commission meeting today so that the commission could not exercise its oversight authority in that way and i just want to say how deeply concerning i find that to be and i'm sand bagged live in the meeting by chief scott. chief scott, put on my calendar a meeting to discuss this very agenda item, very recently we spoke over 30 minutes and never raised this issue and have spoken and texted and e-mailed on a variety of other topics and he never raised the issue. i'm just very disappointed and just want to emphasize how incredibly inappropriate i think this behavior is. with
6:41 am
that, agenda item 7 will be taken off calendar and reagendize 8.10 at a later time when the appropriate people are available. i think we are going to move on. >> (inaudible) i also need to put on the record that (inaudible) scheduled to come. he took vacation, which he has arectomy right to do. it was my decision to have him and not the subject matter expert at this [audio cutting in and out] that needs to be on the record because there is no (inaudible) he has a right to do that
6:42 am
(inaudible) i want to also put on the record part of the issue is how the department is structured. when people are off for whatever reason the next person up has to fill that role and take the responsibility for whatever is at hand. (inaudible) i understand but need to put that on the record because the picture you painted is not exactly accurate. >> this is not about anyone taking vacation. nobody at the commission was informed dc vaswani would not be available due to vacation or any other reason. that is the issue is the lack of notice that individuals would not be made available. of course nobody has issue with anybody taking vacation. that is not the issue. commissioner walker. >> you know, i haven't been on
6:43 am
the commission that long as many of you have, but i do know that this attention to the overdue dgo's has been a recent commitment on behalf of the president, president elias, which is very much appreciated by all of us. we are all trying to get up to speed within a system that doesn't exist and so i don't think any of need to take this as a personal issue, i think the message is clear vice president oberstone that we take this seriously and would like a commitment from all parties to move these forward. i want to support that with you but i don't feel like it's intentional and think what hopefully everyone here-this is a serious issue of setting forth the general orders for operating our police force and what to do out there. it is serious. we take it
6:44 am
seriously. hopefully the chief and the department do and i really appreciate us all shifting into prioritizing these. this is how we can actually initiate reforms and work together on the issues we are all dealing with, so that is all i want to say. >> thank you commissioner. sergeant can we go to public comment? >> at this time the public is welcome to comment regarding line item 6. if you like to comment approach the podium or press * 3. vice president carter oberstone, there is no public comment. >> thank you sergeant. could we call item 8? >> line item 8, san francisco administrative code 19b use of non city surveillance
6:45 am
camera policy implementation update at the re quest of the commission. >> hello, good evening commissioners, chief scott, (inaudible) director henderson. the first time i have seen you in a while. i'm (inaudible) work with legislation compliance and special projects with sfpd and here to give a verbal update on where we are with the implementation of the non city entity surveillance camera policy and this was approved by ordinance through the 19b process. the 19b process prescribes the approval process where each department in the city that has any surveillance technology must publicly first first on the website and submit a series of documents we call surveillance technology policy and surveillance impact report and have to go through several public hearings through the privacy surveillance
6:46 am
advisory board, coit, rules hearing and full board and ultimately approved by ordinance. in this case the police department use of non city entities surveillance ordinance went into effect november 6, 2022 and it sunsets-there is potential sunseting january 2024. this is essentially a pilot ordinance. in january of 2024 the board of supervisors will review it and either renew it, renew with changes or resend it so we have full 15 months now 12 months to get the ball rolling and start to comply with the ordinance. it is my understanding the commission is interested hearing where we are with the implementation process. we started drafting a bureau order and submitted to dpa for review. after receiving feedback from dpa we decided to create three different bureau orders and a unit order so doing a bureau order
6:47 am
for field operations for special operations, for investigations and also unit order for ced. this does not apply to airport. the airport must comply with the airport 19b policy for surveillance so they are separate entity. so, we are going to submit those and also created a new form which is called the sfpd form 619 and how we request live monitoring. this requires officers to fill this form out and have to get captain rank approval or higher before they can even make the request to the non city entity. again they have to fill out certain criteria, the criteria is mostly required by the ordinance itself but the commission when we plent presented in november added criteria to put in the form which we have put in. i will put it up. can you
6:48 am
see that okay? so, we have a few different versions of this. we have a fillable document. the one you see here is fillable so if you have it on your desk top you can click into the boxes. it looks like blank spaces and you can type in responses because most need to be filled out with extra information. we have demographic information that we like to collect on any live monitoring operation that we plan to put out there, and all that information must go through the chain of command that must review it and captain or higher must review this form and then approve it before again, the officer or who ever the requester is can go to the non city entity to make that request. all that information is compiled and sent back and will go into a public quarterly report. that quarterly report
6:49 am
will be submitted to this body here and also to the board of supervisors. the first quarterly report will capture january, february and march 2023 live monitoring data including everything you see here and this census tract data also. where the live monitoring happens and where the census tract is, which includes an easy way to track the demo graphic data. three bureau orders one unit order and new form that will be submitted actually to the department through dm so have department notice that goes out and tells everybody about the form, then we have a training roll out. we have phase one of the training roll out. we plan on starting with training for all the captains and lieutenants and operations since they will be the people that approve the form. they have to know what the form is, get familiar with it, get familiar with all the boxes and
6:50 am
also be aware they can approve or deny. they are not expected to approve every request but we might do practice requests through the captains and lieutenants of operations. the next is train the trainer classes in conjunction with academy starting with narcotics, burglary and video retrieval officer. after that we like to train the rest of the investigation units and then the station plain clothe officers. that is all phase one of the training implementation. phase 2 will probably start the beginning of q2 so april where we go with the special ops. they are also part of this. patrol and we also like to do training with ia because this ordinance allows ia to use historical footage or live monitoring for any misconduct cases as well. so, just a little more before i
6:51 am
accept any questions here. want to remind you, admin code 19b every city department is beholden to this particular admin code. every department has to post their surveillance technologies. our inventory is on our website so if you go to our website and go to your sfpd policies, there is a box for 19b and it lists all of our technologies. we have over 40 so we have to go through the process for each technology where we do a stp, fir, pfab, coit hearing, rules board, ordinance and the ordinance once it is in effect the department can decide which written directive is the most appropriate. some of the technologies may be used by one bureau or one unit. we have some technologies only use said by the marine unit in that case we put out a marine unit order and do training specific to the marine unit. when you look through all the
6:52 am
technologies just know every single one of these goes through this process and comes out with a written directive and are comes out with implementation and training program. with that, happy to take questions about this specific ordinance and the implementation and training program. >> thank you mrs. steves. just a couple questions for me. i think you mentioned at one point, but you said the blank spaces were providing additional information? yes. that was one thing that stood out to me was that there doesn't seem to be a lot of space for actually explaining what the basis or the actual facts supporting the legal finding, the checked boxes provide a legal conclusion, but how will a supervisor evaluate if the request is appropriate
6:53 am
or not? is there a plank sheet where you can write a page long summary? this is very nuts and bolts. >> sure. there are boxes here that are fillable that there is no text limit when they type it in. also there is a whole section for the captain or above to justify their approval so we'll be able to track what basis the captain used to approve it, but because the ordinance allows this just for pretty much criminal investigation, if the officer or requester can demonstrate this was specific to a criminal investigation and given enough information to the captain they have to document that justification, so we will have that. >> okay. thank you. that's helpful. and then, you mentioned at the outset and i see at the top of the form here that there will be kind of a series of orders
6:54 am
covering this request process. are there any-just reading a field operation order, (inaudible) ced unit order. between all the orders are there any sworn members that wouldn't be covered by one of these four orders? >> there is a whole administration bureau that probably would n't need to use this other then ia or (inaudible) so we have sworn members all over the department that are not part of operations that i can't foresee why they need this for investigative purposes so why we feel it is best to focus on the officers using this for investigative purposes. >> the reason i'm asking, it seems it would apply to essentially all sworn
6:55 am
members who are in any type of patrol or investigative capacity and so, just wondering why it would be done via order rather then dgo? >> this is a good question. because this is a pilot ordinance that sunset 2024 in january we don't know what the ordinance will look like. it might change the board of supervisors wants to review the data that comes out of the quarterly report before making a decision whether to renew this or change this ordinance. also, separately it doesn't actually apply to the sf safe cameras or community cameras, so to make the decision to full dgo on pilot ordinance where we don't know what it will look like after 2024 i think that discussion can happen, we also have to do this entire process with sf safe cameras and we may have to-i think we may fold in which is sf admin code 19 which is community cameras we could do that as a dgo
6:56 am
discussion once this is finalized and once the sf safe ordinance is complete, but right now because it is such a piece of the puzzle it didn't seem appropriate to go after a dgo. >> commissioner if i may briefly add that when any member of the department works in operations they are required to comply with the bureau order in the bureau they are working so if they are in admin if they come to patrol they have to comply with that. it is very specific to operations. >> great. thank you. that is everything for me. commissioner benedicto. >> thank you vice president. a couple questions. thank you for providing the form. i think that members of the public who are watching might recall when this was before the board of supervisors two commissioner myself and prezden elias wrote a letter to the board expressing reservations and the board of
6:57 am
supervisors doesn't have listen to us so they went forward but i'm glad that at that time we expressed we wanted to make sure there was a clear process and glad this has resulted both president elias and i have been versions of the form and able to comment on it. there is a question i asked before--up to this point so far, we are in february 8 of 2023, the live monitoring has not yet been used for investigative purposes, correct? >> not yet. we have been waiting for the process to unfold and make sure we came to the commission, showed where we were at so you are aware of what the next steps were before we hit the green light. >> got it. and i think this was covered in vice president -any sworn officer can make this request, not limited to certain units only? >> you can make the
6:58 am
request through their chain of command and through the captain, correct. >> got it. you mentioned you are assigned training with captains and trainers. you mentioned it is clear the captains can grant or deny requests. what criteria are they using? what circumstances would they grant or deny request? >> on the form again, the officer has to show it is either exageancy, significant event, the request is part of active investigation, the crime is being investigated or observed, then they have additional information. it is up to whether that captain or could be above commander feel this information is justified and actually aligns with the investigative information. it is really up to that--how we go with any investigation. any investigative activities, if that captain believes it is justified they can approve it. if they feel there
6:59 am
needs more information that particular captain can ask for more information. >> is there any sense-it is hard to estimate the use of something that hasn't been implemented yet but any sense among the department what the demand for this policy among officers would be? how many request they specific to receive in a given period or once the training roles out we all learn together? >> because we are rolling out in phasing i donelt don't think we expect it is full representation how this live monitoring could be utilized. again, we are started with the captains and lieutenants, starting with parts of investigation and narcotics and burg laer so think we will see instances related to narcotics and burglaries but see a slower number first quarter but by third quarter get a better idea what live monitoring operations will look like if the
7:00 am
ordinance moves forward. all i can say is let's look at q3 data before we make any determinations. >> are officers only able to fill out the form 619 request once they completed the required training or if you are in phase 1 of training and to the captain but there is a officer slated for phase 2 or 3 that think he has a need for investigation can he or she make the request? >> i believe the bureau order specifies they must get the training before they can fill it out. >> okay. you mentioned the first quarterly report is april? >> it is january, february, march data but delivered or before june 1 so the way it is written says it is 60 days after the close of the first quarter. >> got it. does that go to a specific committee of the board of supervisors?
7:01 am
>> we submit to full board and if they want they can send to rules for further discussion. >> okay. i ask as it approaches it also be calendared at the commission for not just the written report but presentation. i think the one thing we were not aware until most read about in the news and sort of scrambling and i appreciate as a ordinance it goes to the board but as oversight body of the department we should be apprised so once that is submitted if that can be calendared and that request i will make to the president. >> certainly. >> i also ask this of the chief before which i think chief said it would be possible. i want to repeat once the training is started and rolling out i like included in the chief report as it is used for the chief to say this week there have been 5 uses of (inaudible) these neighborhoods and basic information that could be provided to the
7:02 am
commission so we can see in real time and not wait until june 1 to know-because this is new and i think how we treat it as a policy both at the commission level and the board level will be different if it is being used 5 times a month or 50-we dont know what it will look like so i would like that-i know the chief said that was possible but like to repeat it be included in the chief report once it becomes live for officers to use. >> are you interested in how many times we filled out the form or how many resulted in operations? >> both. most interested in how many times it resulted in operations. i like to know the comparison if that represents 50 percent of it forms requested or 90 percent of the forms requested. i think all is available information for the member of the public, this commission and board of supervisors. i think
7:03 am
that this is a rare case of a time where i think the bureau orders make sense given it is pilot and aware multiple recommendations to the department is overall general policy making shouldn't be made through those means so i hope if this ordinance is extended by the board of supervisors that we would regulate with a general order and not through union and bureau orders. >> would you want to include the sf safe cameras in the process or ask for two separate dgo's? >> i think it is feasible to do one surveillance general order that would make the most sense to me. there have been times where we started down the road of one order and split to 2, so flexible how that looks. i think that this is one rare cases where it will be a operation at this point only 9
7:04 am
more months so the process of general order is cumbersome for this, but it should be permanent- >> if we pursue one dgo relating to non city surveillance cameras and sf process isn't completed, whatever comes out of the ordinance might have to change the dgo. >> absolutely. i think that we-one upside of the rapid commission work on dgo is proven to be nimble and harmonize. i got your back. >> understood. those are my questions. >> commissioner yanez. >> thank you vice president oberstone, acting chief lazar and director henderson, community at large. i just-thank you for the thorough explanation and the process because i know this is
7:05 am
a dance with board of supervisors and different departments we have here, so thank you for engaging in this process and also shedding light for the community on how much it takes to up lift and get to this point. the question i have is this document is a internal-the internal document for the request process, right? >> correct. the first part is, correct. >> the first part. so, the language here around the request says that it requires the captain approval accept in instances of significant events or exigencies. a officer can determine for themselves that this request will be handed to the community based on one of those two events? >> correct. the ordinance that went fl to effect in november does not require a
7:06 am
captain rank or higher approval for significant events and for exigency. we are not folding in here but still want this form completed in those-so we can capture all the other information, but it doesn't require that whole captain or higher approval. >> who determines what is a significant event? >> that is defined in the stp approved by the ordinance so the significant event is listed in the stp and also the ordinance and also the exigency is slightly different. that definition is different then how sfpd determines exigencyo put it on the form it is specific to injury of a person or imminent danger or death. the particular person who is making the request whether they go through their chain of command or make that determination they have to put that information here because we are going to go back and determine if it met
7:07 am
the criteria of exigency and sigcon events. >> got it. there is discretion for the officers to make that determination if one of the insdants occurs? >> correct. >> and then as you said, they still have to complete the form. the live request if activated and approved by the consumer can go only for 24 hour s so assume we will request or expect the document is completed within the 24 hours or before those 24 hours are up, right? >> cannot remember the exact verbiage in the bureau order but believe there is language around when this form needs to be submitted so we can track it. >> would it be helpful to just include that in that statement? >> absolutely. >> it will be that much easier for folks not to have to reference a dgo or written order. great, so then the other piece or question that i had-page 2 or page 3 is the
7:08 am
public facing document right? >> this is still internal form meaning the request is handled internally but have to go to external party. the internal staff fills it out, the external party can fill it out but the form itself still has to be reviewed by the legal unit before we are responsive to pra because there may be information relating to active investigations included that we dont want to disclose or may not be able to disclose if it outweighs the risk. the form itself won't necessarily be filled out and posted. through the whole rules process and all the hearings for the ordinance, we were very clear with the supervisors we want to be careful about the entity information getting out and also any information about victims and witnesses that may be allowing us access to their systems. we don't want their information to be public in case we put them in
7:09 am
harms way or there is retaliation so careful about the questions we are asking on the form. we dont want your specific address, not disclosez the enty name. what we will disclose in the quarterly report is the census tract information and that again is put in place by the ordinance to protect the entities so witnesses or the victims allowing us access to their systems. it is internal in that sfpd members are expected to fill out one part and then the entity is expected to fill out another part. >> and the part that the entity has to fill out to authorize access is still being drafted you are saying? >> that is still here. it is on page 3 i believe. some entities are businesses that already have a prescribed way to respond to requests so don't have to fill this out if they already have a
7:10 am
mechanism to approve law enforcement to have access to the system. may have a form letter, may have some different mechanism so this is the last page of this form is ability to say who approved it, because we want to make sure we can track this person approved, who they are, who they are in the entity or they can replace it with whatever their prescribed approval process is. >> so, this is the document then that a consumer, a business will receive when the police request- >> correct. >> there is some of the reservations i have about moving forward with the form in its current iteration. it doesn't-i know we talked about finding a way to in a non coercive fashion request
7:11 am
information from the community. the way i interpret the form, it just inquirys whether there is permission. it does not state any way shape or form this is optional or completely voluntary. can we put language that makes the consumer or helps the consumer understand that this is completely up to them whether they want to devulg this information? i say that because i know every officer interfaces with community very differently. some officers are much more versed in every dgo and their professional interface with community, and others need a little more guidance and i think the more we could divulge information with clarity in a document folks can reflect on and receive it will make it that much easier for them to cooperate and
7:12 am
communicate. can we advice language? should we just e-mail you recommendations that you can bring back, or what is the process you suggest for adopting additional language to make this a little bit more ready to deliver the community? >> this is is a fairly easy fix if i interpret what you are saying correctly. we could add on the second page, this isn't required. your access or providing access to sfpd is completely up to your discretion, not required. the isis just a request essentially. we can put easy language in the last page. >> that would be ideal. thank you. is there a process for translating the forms and make sure the public facing form is translate snd >> every department is
7:13 am
required to comply with language access and must have things translated. our hope is have translated at least in 5 languages so when we provide they know what we are asking in their language. we will comply with language access. >> great. thank you very much. >> any additional questions? >> i don't see. thank you mrs. steves. >> thank you. >> sergeant can we go to public comment? >> the public is welcome to make public comment on line item 8. please approach the podium or press * 3. vice president there is no public comment. >> great. thanks. for members we will follow regular order here on out so could you please call item 1? >> at this time the public is
7:14 am
welcome aaddress the commission up to 2 minutes on items that do not appear on the agenda but within the subject matter jurisdiction of the police commission. neither police or dpa personnel or commissioners are required to respond by may provide a brief response. call 415-655-0001 and entering access code 24873514464. you may submit public comment e-mail secretary sfpdcommission@sfgov.or g. (inaudible) >> good evening. [unable to hear speaker] thank you. i'm here
7:15 am
concerning my son aubrey murdered august 14, 2006. to this day his case isn't solved. here with his nephew marcus. again, he should be talking with his uncle on how to just be a uncle, but he is not here for him. i just wonder if there is another way to solve these cases for our children so mothers like myself can get some closure. i bring these pictures. this is what i'm left with. what they left me with, me standing over my son lifeless. what do we do about these unsolved
7:16 am
homicides? marcus, come here. come here marcus. this is his nephew marcus mpts you want to say hi? >> hi. he just turned 6 years old and he-he is growing up without his uncle aubrey. just want to say that. his case number is 06082865862038. anyone out there knows who murdered my son please help. i'm very tired this evening. i had a long day. my birthday is on the 14th. february
7:17 am
14th and it is not really good. thank you. >> that is end of public comment. >> thank you sergeant. next item. >> line item 1, chief report. provide overview of offenses events in san francisco having impact on public safety. limited to determining whether to calendar for future meeting. >> good evening. i'm assistant chief david lazar filling in for chief scott.
7:18 am
chief scott is on the line. i oversee oprailgzs for the department which includes field operations investigation special operation and airport bureau. so, this evening i will provide the chief reports and start with announcement. we celebrated this week the lunar new year, the year of the rabbit and for our lunar new year parade had increased staffing, we saw what was happening in half moon bay and monterey park and want to insure the community we have enough officers out to have a visible presence and we accomplished that mission, so i know i saw commissioner yee at many events and want to thank commissioner benedicto for participating in the parade. we just missed the down pour of rain so very fortunate. god good to have you there. the community academy is through community engagement division a strategy to let the community see what the police department does up close and personal. that starts february 23 and ends april 20 and ask
7:19 am
the public geto the website. we have very few applicants, we love to see people back in our academy post pandemicism monday we started the 279 recruit class and graduate in september and today acting assistants chief flaherty and i attended the graduation for leadership development institute. we have internal leadership program where we are developing our leaders in the department and it was a great event. in terms of crime trends today, just want to let know violent crime is up 3 percent and property crime is down 20percent. our homicides are up 25 percent. we had 5 this year in comparison with 4 last year. one is too many and gun violence we had 18 shootings comparison to 15 lat last year. the investigation units are doing a great job. patrol is doing a good job getting guns off the street.
7:20 am
the community violence response team and crime gun investigative center is doing a good job with regard to pursuing investigations but also been intervention has been key the keep the shootings down. we have seized 89 fire arms year to date the same amount that we equal to last year. we are doing a lot of great work. a homicide within the last period 100 block hester 31 of january. gun shots heard and discovered a deceased person in the vehicle. shooting 1 of february ellis and hyde someone shot in the leg and elseworth and ingleicide a person had been walking their dog and discovered they were shot. significant rest the tenderloin and will talk about our strategy in the
7:21 am
tenderloin during the moments i have and you probably have more questions what is happening there. but there was a really good arrest. two subjects along with a 16 year old, an operation we performed where we got 6 pounds of fentanyl a ufthe street. the investigation lead to oakland with subsequent search warrants, 14 pounds of fentanyl along with ghost gun ammunition material related to the development of packaging for narcotics, $14 thousand in cash. our officers are continuing to do the great work in tenderloin and throughout the city. we had a incident at a jewish synagogue in the richmond on 2600 block of balboa. a individual fired ammunition believed to be blanksism this was the first and 31 we thought he did this as well on the 3600
7:22 am
block of balboa and thanks to sergeant omaly made-there was a elderly person getting on a bus and he was pushed and when the victim fell sustained a fractureed pelvis, officers found the (inaudible) also elder abuse incident in dolores park where members of the aapi community were near the tennis court and the subject through a brick and swung a heavy object toward them and able to take the suspect in custody and charged by the district attorney office. we still neerns not driving in the city. you may see in oakland and san jose and areas where hundreds of vehicles come out and
7:23 am
engage in wreckless driving. we had a incident last sunday from oakland. we were able to prevent and intervene and dissuede and vehicles left the area. i want to talk about tenderloin. so, to date we have seized 11.844 grams of fentanyl. this week alone 2345 grams offantinal and $24 thousand in cash. you may have seen on the-may have read in the paper we had a meeting with there tenderloin community yesterday, the chief and i and mayor and other members of the city and we are instituteing a new approach. more then happy to talk about that if there are further questions about what we are doing differently. and the last thing i say is the same for tap street. you may have seen information in the media about the problem on
7:24 am
cap. i was invited out by supervisor ronan to walk cap street friday night. i was out there 10:30 to midnight with her and memberoffs the community and saw the problem taking place out there with prostitution and the johns vehicles are pulling up and we have a lot of challenges out there, so we have a strategy and more then happy to talk about what our response plan is. we have a good plan and implemented it. that concludes my report for this evening. >> thank you assistant chief lazar. could you give a update on the status of the mou negotiation with district attorney? >> in terms of the mou negotiations i know that-i believe that we wrapped up the conversation. there is a draft and i think there is a couple other procedural things that need to take place with the goal by getting things to this commission and
7:25 am
wrapping thingsp by theen of the month but grateful for ongoing conversation we had scr the judge that assisted us in that. >> yes, please. >> thank you. the draft which we were supposed to receive i think the department said they will get to us january 18 for the language. wie still haven't seen it. we brought it up again february 1. we were again told the draft exist and will send the language. still don't have the draft language. never been sent to us. >> okay. >> i also want to clarify for commission and director henderson, we met with the judge, the judge was out on vacation and came back i think january 22. we have meetings with him when he came back and so wree do have an agrud upon draft with the due
7:26 am
date and (inaudible) making modifications based oen the draft. i believe it is (inaudible) plan to have it in your hands hopefully by the end of the weekism do have a draft to give you director henderson and have an agreement with it da office the commission asked for both drafts a at the same time so once you get your hands and provide input (inaudible) if there is anything to (inaudible) >> i want to clarify, because i want to make sure we are talking about the same thing. not trying to insert myself i'm talking about the side mou regarding- >> right. >> dpa. i want to be clear because i think the thing you were talking about was the agreement and arrangement with the courts and da office. >> i wasn't. sorry. i wasn't.
7:27 am
the agreement with dpa we are drafting could not be finished until we finish (inaudible) because of the language that is in there recommendations modifications to the draft you provided us so we had to finish the language with it da office before we could do that and we are there now. >> great. thank you for that update. ac larzar-first of all, great work on the arrests and drug interdictions. not sure if you mentioned but i think i saw late last week maybe friday that there was i think 5 arrests made and 20 plus pounds-you covered that. i caught the 6 pound one. in the reporting it said it was part of longer term
7:28 am
investigation by the narcotics division. is there anything more that you without discloser information anything more you could say about the strategies that lead to this successful case? >> yeah, without really compromiseing what we do and what our members do, i just will say that we pay attention to all the sales activity and if it leads us to other parts of the bay area or multiple individuals that is what our narcotics units is good at doing. also work closely with federal partners so i think sometimes the public thinks we just go after the seller on the corning corner but it is 2 prong approach and try to go to the sources and work backwards and this is a great evidence of that. >> great. thank you. there was another report that i read and i want to be very careful
7:29 am
because i didn't see it covered in any major publication, but there was a report you were quoted involved a situation where it was reported that california child protective services issued a warrant for basically the rescue of 14 year old girl being sex trafficked by a gang, and that i think it was a former sfpd sergeant who now works for a non profit reached out to the department to urge them to make-to basically rescue her because there is information about her exact whereabouts and no one from the department took action. could you is that true because it wasn't widely reported and if so can you provide detail about that? >> thank you for asking the question commissioner. there was a report of a
7:30 am
under aged human trafficking victim that was in the bayview district and it was also believed she had a warrant for her arrest under 300 of the welfare institution code and it is alleged-we are still trying to sort out what exactly happened that this retired member instead of doing what we encourage the public to do by calling 911 and describing what has occurred and requesting officers to respond, elected to just call the police station and tried to say i'm a retired memberx, can you help me and that retired person was not met with any-according to them, not met with any response, so as a result of that, the human trafficking victim left the area. a couple things since happened. one is, that allegation has been
7:31 am
sent to the department of police accountability. they have that. director henderson's team will look into exactly what occurred who the member spoke with and what the response was and figure that part out. but even though i encouraged that team of private investigators to call 911, i still got a call at 1120 last night as i was asleep and from department member that said that that same person was back at the location and needed assistance so i then made phone calls that made officers respond that thankfully lead to a search warrant of the premise and apprehension of this young lady that we rescued. so that's the good news as a result of what occurred but still i was called opposed to 911 and will continue to work with them to make that happen but dpa will look into the first part. >> i am happy to hear she was able to be saved and identified. that is
7:32 am
great news. i do want to ask for clarity, assuming that what this person-this retired member alleges is accurate that he did go directly to the station with this information, is there any reason you could think why the officers who receive that information shouldn't have acted swiftly to rescue this child? >> yeah, i will say that we work on prioritizing everything. i don't know-i haven't looked into what was going on at bayview station that date and time whether they were interviewing victims or suspects at the station, whether they were in the middle of reports. it sounds they were busy doing something. the media reported they were standing around and i will say that for something that important we have to make a way to facilitate officers
7:33 am
going out to deal with it and i think if you ask the average supervisor or management level person in the department they would say yeah, we would figure a way to get out to that scene because this is really important, and again, i think we are all speculating because we dont know the facts. we heard one side and that's why the dpa will get to the bottom and figure what happened. i'll conclude by saying to your point it is important we need to go and out and deal with it and help this young lady. >> great. thank you chief lazar. that is everything for me. commissioner walker. >> thank you president carter oberstone. thank you for the update chief. i do have a few questions really good news about a focused action plan in the tenderloin. i
7:34 am
think that it's so multi-layered. i know there is the drug sales but there is also a lot of sort of other issues that present and i wonder if the conversation includes department of health and dpw and-it is really important now to get those issues dealt with. also, there was a report also about the illegal vending in the plaza there. i know both bart stations in the mission have this issue and is this included in the overall plan in the tenderloin? >> yes to everything. really it is not-the police department has one slice of the pie but it is collaborative effort. pub luck works recollects public health, department of homelessness and supportive
7:35 am
housing, all coming together in a way that we communicate and collaborate to solve the problems we have there, and look forward talking about the strategy but with regard to un plaza, as you may know the legislators in california took off the books the ability for local law enforcement to enforce vending. forever we had a section we use so that is no longer on the books so what the city has done as enacted a law public works can enforce administrative citations for sale of illegal vending on un plaza and we come along with support them and so that coordination effort is still in progress. >> okay. great. there is so many moving parts and know all have been on ride alongs and walk alongs and i know the tenderloin has vastly improved in many areas, but activity
7:36 am
seems to migrate so it is going to the south of market, 7th and mission and i know that i read an article about the increased budget for the alchemy or like group in doing mental health response and i am hopeful that the police are-the department, especially the academy is involved in some sort of training around all that. as these conversations happen inter-departmentally is that discussed about the potential training that might be needed for these collaborative efforts? >> i have a meeting with urban alchemy friday. we will meet at golden gate and hyde and one thing i want to talk about is how we improve our coordination and communication, especially in areas where we address problems, we need urban alchemy to come in behind and
7:37 am
hold ground and out preach and things they do. we have to get better and feel confident after friday's meeting we can work that out. >> i love to have that on the agenda without getting details we dont need necessarily or don't want to share, but i think it is really a opportunity for really strengthening that collaboration a lot, so thank you. >> thank you. >> commissioner yee. >> thank you very much vice president carter oberstone. first of all, i like to thank you assistant chief david lazar. we met prior to the chinese new year lunar or actually, the lunar new year parade, talked about strategy on public safety. i guess it's like seemless your members have done a great job there
7:38 am
implementing public safety throughout the parade. that day was also the warriors so probably have 300 thousand people in the city, so congratulations to the police department and the members and keeping us safe. i want to also thank you for getting off the drug fentanyl from our city and going across the distributors. again, thank you your members for the hard work. i like to also say ghost guns, i don't know if we can-is there a way to probably reduce the sale of ghost guns where we can also partner with the state and federal to shut down the distribution of ghost
7:39 am
guns coming for a problem for us and even officers as you know are probably aware of the san jose issues these guns are -a big problem for us in the state and city. seeing what your thoughts are. >> first thank you commissioner yee for your comments about lunar new year. really a shout out to the leadership and operations and the captains all throughout the city that made sure we had visibility in the corridors and thank you to captain farmer who made sure there was enough officers all throughout china town during the events. i believe we prevented a lot of problems there see a team. with regard oo too ghost done, this is a big problem in the city and country and we work tirelessly to get the ghost guns off the street. part of the number i provided you does reflect the ghost guns and just
7:40 am
will say we partnered with the federal partners at atf to work on ghost guns. i know there is a lot of work behind the scenes happening with our department and atf as it relates to finding individuals that are in possession and distributing and all that that goes on so without divulging too much know that is the work we are doing currently. >> thank you very much assistant chief david lazar. >> commissioner benedicto. >> thank you. i know you alluded to the meeting you had with tenderloin businesses announcing a new strategy and operation in the tenderloin. that had been reported and mentioned you could elaborate more. go ahead, chief. >> thank you very much for the question. our strategy in the tenderloin as the public may know or the commission knows is we have had regardilous of the shortage of officers
7:41 am
we have the most officers assigned now to the tenderloin district then any other district station in the city and our initial response has been that of uniform high visibility foot beats. one point we made a decision to send 20 officers there. it was a big lift for the department to put officers there to be visible. what we have seen however is still rampant drug sales, drulg sellers on various corners, complaints from the community, issues we see we are not pleased with and so captain canning did a great job during his time there and we now have captain sergio chin who has taken the baton and running in the same direction and different directions. but what we decided to do is we had to do something different and what we have come with up is at the enend of the day this is about disrupting the market.
7:42 am
how do you disrupt the ongoing sales of fentanyl when the volume is so great? the resources are so limited. how do you do it? what we are doing is that under it the leadership of captain chin, is really instead of officer walking beats they have been converted into really operation disruption is what we call it where they go to where the sales activity is and being present and on top of them and sending a message no you cannot sell on this corner and when the sellers move to the next corner we go there and move again we go there as well. just really trying to interrupt and disrupt the market by our presence. this is in combination with also continuing to do our drug sale buy bust activity. we are starting something new that is called operation save lives where not only are we getting the sellers for
7:43 am
selling but also observing sales activity. we are detaining those that are involved in sales. recovering the narcotic jz may not necessarily make a arrest but work to build bigger cases and more cases and then eventually make the bigger arrests there so we are doing that differently. we will continue to focus on drug users because drug users need help and it isn't acceptable for them to just sit on a sidewalk and use drugs in a open place, so we are going to be working continue to work with public health on attempt to get services but we will enforce the law as it relates to that. and then i think we have a little of a marketing issue because on our twitter we have 17 thousand followers, but we haven't been promoting the work we are doing whether we are (inaudible) we will try to promote the work to show the community what we are doing, and i will say that
7:44 am
some of the folks that have been very vocal who we are grateful for that protect me and the chief and others all the time in the last 72 hours said, i'll starting to see difference. 300 block hyde looks clear, 600 block of eddie looks clear. the focused constant approach. the last thing i will say about the tenderloin strategy is we also committed to adding 20 more officers one day a week starting march 20, two officers two day a week on a temporary from other stations backfill over time to make sure we have more officers and more presence and are more ability to hold down these areas. so, it is great for 3 days but what we heard loud and clear from the community is that it needs to be constant and we need to work to really eliminate drug sales. that's what we are
7:45 am
doing. >> thanks chief. >> commissioner byrne. >> [microphone not on] thank you. so, it is a particular interest the tenderloin and didn't bring it up tonight, but are you doing anything-the two streets i noticed where the most trouble is is golden gate between hyde and larken. there is a series of apartments there that elderly live in. they are blocked-you walk there in the evening and as you walk with uniform officer all sorts of people disperse
7:46 am
themselves, and there is a lot of housing going in there now which will add more life to the area, but a lot of the perspective law students who ever moves into those buildings will be dissuedeed and the whole idea is to have or i believe to have all social classes mix in the city and like i haven't seen a change on that street and because there is housing there. there is less housing in the other area on 7th between mission and market. that's where i winced witness a overdose and watched a sergeants of yours save a life a few weeks ago because there is government buildings there, there isn't as much housing so it doesn't effect the public, but because it is in a transit, lots of civilians as
7:47 am
you call them are walking the area and have to walk through that. some sort of permanent-throw one of the command vehicles there, do something to shake it up, because those two areas have not changed at all since i have been on the commission and i have gone down evening and during the day and it is true the day time is better but night time is a different world down there. you mention the area-other parts of the tenderloin where you have seen improvement but to me and walked it plnty times, those are the two areas most impacted. i agree, the more impacted the area doesn't have as much housing so people are not effected but the foot traffic is effected and what is going on on golden gate is disturbing because elderly people live there and why would they go out at night when they go out to that? anyway, i made
7:48 am
my point. that's what i want to address. >> commissioner you do bring up a great point and these are conversations chief scott and i have all the time and leadership in operations. that block of golden gate really is a night issue as you know. the areas-there are two things i think about. one is we definitely need a place for people to go at night and that is the ongoing conversation with public health whether a wellness center people can go to get help and not be on the streets and continue to talk about that. >> the drug dealers-when they are there like that, the drug dealers come to them. >> yes. >> and the point is that when the uniform officers show up they dissipate. the same thing on 7th street. the idea at
7:49 am
least i have seen this over a year and a half, the idea is if there is uniform presence there at least the dealers will be away. i understand the addicts addicted. i understand they need a place to congregate and realize they are a social community among themselves and i don't want to discourage that, but i certainly want to discourage the drug dealers supplying them with drugs. i have not to be frank i have not seen any sustained presence in both of those areas because when i go out in the evening it is when i say let's go here, we go here. i think there has to be a statement made to those people that want to bring the poison in, we are here, please go away and i think it has to be a real public statement. something more has to
7:50 am
be done. i'm not against collecting fentanyl, but what i want is to try to give quaument quality to people on golden gate avenue and to do something for the huge foot traffic in the un plaza, particulary between 7th street between mission and market. it is just unacceptable. there is just no reason for it. >> two points i like to make. point number 1 is that we want to really have our night supervisor captain and leadership that manage the city at night spend more time focus on the tenderloin when the captain and lieutenant to go home to redirect resources to make sure 7th street between mission and market is clear so that is point one. we
7:51 am
need to continue to have leadership focus on addressing those areas for the points you described and reallocating resources accordingly. the second point is that the more we focus on areas, the more we'll see displacement the more displacement there is new areas that we'll talk about. you will ask why it is happening on howard as a example. we just need to be very mindful of where the displacement goes and we need to address things as we-need to address these situations as they come up. >> understand. thank you. >> commissioner yanez. >> thank you vice president carter oberstone. ac lazar, i would like to know more about the strategy that will be happening on cap street. i did read a little bit about there will be barriers coming up and i live not too far
7:52 am
from that las vegas strip replica there and i know from living in the mission over 20 years this historically happened where there will be that type of activity on cap street gets addressed and moves down to shotwell street, it gets address ed and moves back to cap. what is the containment strategy when we have enforcement in a neighborhood like that? >> commissioner, just as you described that is what we are anticipating about to happen. cap street is going to be clear and be on shotwell and continue our efforts. the goal really is to make sure that be send a message it is not acceptable to this behavior take place whether on cap, shotwell, the mission, the city, anywhere, our presence needs to be there and we need to be strategic use
7:53 am
resources appropriately and take action and so really that's been our thought and it was great walking cap street with the supervisor and community friday night. i got to see it up close and personal so couple thing weez will do is assign a lieutenant full time to just cap street for the next 60 days because we need someone in a management position to really coordinate the enforcement coordinate resources coordinate partners hopefully coordinate non profit partners who can come in and work with young women to get out of this life style. i feel we need to be about that trying to help people. conduct enforcement on those who solicit driving in the vehicles. we are finding a lot of folks are out of town so do that. we are going to work on traffic enforcement also and we are very clear of our 9.07 and some rules laid out
7:54 am
but i tell you, there is the impeding the flow, running stop signs, speeding, all these things we will focus on to send a message you cant come to the community and drive and behave this way so we'll is a presence, set up command post and do everything we need to do to displace, address hopefully help people et cetera and the last thing i'll say is that the supervisor has put forth a plan, i have a copy of it for street closures and it isn't necessarily street closures, it reminds me of cul-de-sacs because 19th is closed but 18th is open and the sign says it is a deadend now and you drive throw and have to turn around. i'm grateful for all the ideas we can come up with to dissuede things happening on cap street but that is a pilot. we have to see what the potential unintentional fall-out may be as a result of setting our
7:55 am
roads like that. this friday night the public should know i have 10 motorcycle officers on cap street and coming out with a big presence to say we are not accepting this in the community. i want to give a shout out to captain (inaudible) who worked really hard in on the issue. it is thing where we need to all support him in the department and the community-he has done a great job rallying and organizing the community and developing solutions and it is time for enforcement. thanks to chief scott for his support and all of us. we need to make a difference and we started. >> i appreciate the explanation and the effort because there is-it is increasing issue, it is just gotten really out of control and makes sense there are people coming from
7:56 am
out of town specifically for that purpose it seems like. along the lines of the item you identified, there is human trafficking taking place in some of these instances. is there a specific unit that works with that population? are they relationships with organizations that specifically target working with those victims, because it is a very different approach to working with victims of human trach r traffic then with someone being traumatized for some other reason? >> yes, thank you. sergeant inspector tone a florez of the department special victim's unit is our expert on human trafficking. he's closely involved in the plan. he'll help us with the operations. he will help us connect the resources that we need. i really want the women involved in this to have outreach happen. see if we can help them to get them away. they are victims of human
7:57 am
trafficking. they are engaged in the activity. we do see folks out there that are what we believe putting women out on cap street. they are there as well and we'll be addressing that so multi-faceted but that is a very important part of our plan. >> just mention an organization that does great work is missy organization. i believe they work out of east bay missey and they have a robust approach that has proven to be successful. i dont know we have a model similar to that in san francisco but it would be great to explore that. thank you for your report. >> thank you. i'll follow up on that as well. thank you. >> just a follow up. commissioner benedicto asked the question so i didn't ask but i will ask since he didn't ask today. the currents expiration date for the mou and is there a plan to extend it
7:58 am
if you know? >> maybe chief scott can answer that or cara lacy you want to address that? the current one is still-using the current one if something happens this evening that is still in effect. >> if i'm still on, can you all hear me? >> yes. >> it is february 28, the end of the month. >> it expires february 28, so i suppose it is likely an extension will be necessary because it seems unlikely the commission will see the latest version at the next meeting which is last meeting before it expires. >> if a extension is necessary, yes, we will [audio cutting in and out] resolved before then,
7:59 am
but (inaudible) >> great. thanks chief. could the department please notify the commission if and when a extension is agreed upon by the parties? >> yes, absolutely. we will. thank you. >> i'm asking because if it is agreed upon it will likely between commission meetings, so i want to know if we can get a e-mail update that would be great. >> yes. thank you. we will do that. >> okay, thank you chief. alright. no one else in the queue, can we go to public comment? >> the public is welcome to comment regarding the chief report. if you like to comment please approach the podium or press star 3. >> hi. i like to use the overhead again. we were talking about all the
8:00 am
unsolved homicides. i'm here concerning and talking about there killings going on in our city. what about the unsolved homicides of all the victims including my son? these cases haven't been solved yet. we are focusing the attention on other things, why don't we put the same attention on unsolved homicides? again, mothers like myself can heal. i bring these names of the perpetrators that murdered my son hannibal thomas. paris moffit, andrew, jason thomas, anthony hunter and marcus carter. one is deceased . you have all the names of the perpetrators that murdered my child and they say it isn't enough-no one is coming forth. what do we do with the $250 thousand
8:01 am
of the reward money for my son. is it just sitting here and no one is doing anything about it? it is just a number? how can we use it to solve the homicides? i will keep coming here for the rest of my life. i want something done. i'm not going away. if i got to repeat myself over and over and over again something needs to be done not just about my son, but all the unsolved homicides. something more needs to be done. thank you. >> that is the end of public comment. >> next item.
8:02 am
>> line item 3, dpa director report. discussion. report on dpa activities and announcement. >> thank you. we shifted a lot of the stats but typically give are now online, so just start in with the trends and more relevant updates so our reporting is more similar to the department for these meetings. in case folks are looking for the numbers they are posted. i am going to include the number of cases because i think it is still important on cases that are still pending both with the commission and with the department so we have 9 cases pending with the commission and still have 89 cases
8:03 am
pending with the chief. in termoffs of weekly trends this week 21 percent of our cases in terms of allegations, remember these are allegations not actual cases who's investigations have ended in results yet, 21 percent of the allegations were from officers failing to take required action. that is typically one of the more common allegations made and just to make it clear, both for the public and audience, that is umbrella allegation so failure to take required action it usually is a result or failure to investigate or failure to write a police report. just providing more information so people have a understanding of what i'm talking about. the second most popular allegation made this week, 13 percent of
8:04 am
the allegations was for officers allegation of officers behaving or speaking inappropriately to or with the public. the full list to get to hundred percent is posted already so won't read all the numbers there. in terms of the district breakdown, the highest allegations came out of central station this week and involved parking citation violations and allegations of retaliatory behavior with the public. in terms of monthly statistics, these are just summaries overview summaries from both november where 51 cases came in, 39 percent involved allegations of officers speaking or behaving inappropriately with the public. again these are allegations. for december there were 60 cases that came
8:05 am
in and 30 percent of those cases involved allegations, again officers speaking or behaving inappropriately with the public. again, these are allegations and not the ultimate result from sustained cases or investigations after dpa investigate cases. outreach on friday 10 we will be participating in the northern california public interest service day. this is a bay area event for students to be introduced-law stud ents introduced to careers in public service along with other city departments and governmental agencies talking about the work so looking forward to that. in terms of the audit this week, dpa and controller's office completed the review of sfpd 24 month status up date on the recommendations made in the 2020 use of force
8:06 am
audit. again recommendations are made and there are periodic check-ins regarding the recommendations that have been made or outlined from the audit and these are the ongoing reports that are presented to this body. 10 of the 37 recommendations still remain open. notice has been given and published and can find the recommendations on the website and most of the recommendations concern review of use of force incidents about training and publishing data. no outstanding audit information request with sfpd. that is part of the presentation with audit that i will be giving weekly. in terms of the department news and things internal with the department, i just am giving notice now i will start making presentations and the quarterly reports from some of the other teams that don't get a lot of
8:07 am
public acknowledgment or attention. mostly because of the work they do is more con fudential then not. other then how it ties into policy work i feel gets a lot of attention but so much more work that is collaborative so starting with the quarterly reports you will see and hear from dpa in the future i will outline the roles from the investigative teams, the legal teams and administrative teams that all contribute to all of the work that goes on at dpa just so the public and this body has a more informed presentation about the work that goes on in dpa. part of that is ongoing work to highlight and showcase that work, but also to make it clear more what dpa is doing beyond just outreach and updates that this body hears. which leads me to introduction of our new
8:08 am
staff here in the audience. one thing we started doing with new employees is have them come to the police commission to a meeting live and in person to see these meetings in real time and so i ask those employees to stand as i call their names so i can introduce them to all of you. new investigators karen moore who came from the district attorney office where she work ed as victim witness investigator. vincent villa who came from private law form where he was a investigator. ashley (inaudible) returning to dpa after hiatus with oakland community police review agency. and our accounting division, zulma (inaudible) she worked as adsmin strative assistant and (inaudible) insurance
8:09 am
company and our (inaudible) who is karen turner who joined dpa and came to us from fellman where she graduated with honors. also, oscar (inaudible) is here. did i forget anybody? oscar is work ing with our office with our it team and these are our new staff employees for the past few months that have come to participate in tonight's meeting. thank you so much for being here. welcome to police commission. we have nothing in closed session tonight. senior investigator present today if there are issues for dpa tonight is candace carpenter. if folks have-would like to reach out to dpa you can contact us at
8:10 am
sfgov.org/dpa and also from 415-241-7711. and that concludes my report. i have some input on the few additional agenda items but will wait till those come up but i want to thank the commission and the department for addressing the issues with the delays that we already discussed it but it is such a big deal and i just want to acknowledge this has been a issue that has had a very long history. the fact that we are all coming together now to address it in a way that is comprehensive and specific i think is great. i just dont want it lost on the audience that this is not like a new thing that just came up, this is a big shift that is being turned around in real time so the fact we are able to have the conversations real time to address it i think is
8:11 am
really important and again, 90 percent of these problems can be addressed with better and direct communication. i think that is the real solution and painful as it is in these moments i think it is getting to where we all need to be in order to make sure we are more professional, more responsible and more comprehensive in addressing the needs both for the public and the work. that concludes my presentation. >> thank you director henderson. >> thank you. couple quick thing. i was looking at the monthly reports. i know dpa gets plenty reports that are not for the agency, i was looking for someone complaining about a san jose police officer. is that forwarded to the san jose police officer or advice this is where they can get information? what is the process when someone
8:12 am
brings a complaint? >> so glad you asked the question. recently we have completed and pulled together a complete directory for other agencies throughout the entire state, and the front desk staff and part of the information i think is missed that i will include in the quarterly reports regularly is trained and does provide information as to the agencies to contact and individuals to contact for people to call and it is a frequent thing people call in and complain about something that may be chp or park police or something that may be another entity like the deputy sheriffs or some other agency that is not sfpd. we both track those thing s and that information can be found in the annual report but not explained in the way i just explained it so people know and understand that we are-a lot of people contact our agency.
8:13 am
they don't know how to contact other agency or what other agencies exist and my staff does provide them with a referral and information about whom to contact. >> that's helpful because that is a big part of the number of complaints you receive. i also wanted to know last week when talking about the-report last week upcoming dgo. i know both acting director hawkins and myself expressed eagerness to look at foot pursuit as a major policy priority for the commission and the calendar year and i did neglect to thank the dpa interns who put together a great presentation on foot pursuit. i hope that-i doubt any are still watching but if you are still in communication with
8:14 am
them, express gratitude that they contributed to focus on the policy and thank the dpa interns for that. >> one of the interns gabriel navarette that worked is still with the office. he asked him to come back. he is waiting for us to tackle that issue and get it done and thank you for reminding me because i forget to acknowledge the chief of staff sarah hawkins is here as well. >> you also have a spring intern class coming so the interns that join dpa you will be playing a meaningful role in our process. i want to welcome new staff. hopefully this is a privilege and not a hazingism i also note i think while in a perfect world the delays
8:15 am
related and missed deadlines to dgo 3.01 will decrease with time i think there was a lot of value in what we had last week and having honest conversation with dpa and chief and we got one of the dgo draft sent that evening so i ask where there is (inaudible) to use the director report to note on dgo x, the deadline passed and haven't heard anything and reply right away and maybe facilitate shorting the delays. >> i think it is relevant to tonight's conversation you care about the things you pay and audit and tonight's agenda is both the budget and we had this robust conversation about what's audited and reviewed and monitored by the commission. i think it is absolutely relevant. i thank you
8:16 am
for your comments basically affirming that sentiment. >> thank you. >> seeing no other comments in the queue, sergeant can we go to public comment. >> like to make comment regarding 3, dpa director report approach the podium or press star 3. there is no public comment. >> thank you. next item. >> item 4 commission reports. discussion and possible action. (commission reports will be limited to a brief description of activities and announcements. commission discussion will be limited to determining whether to calendar any of the issues raised for a future commission meeting.) - commission president's report - commissioners' reports
8:17 am
- commission announcements and scheduling of items identified for consideration at future commission meetings (action) >> thanks sergeant. two quick update said for me for commission reports. as we discussed previously chief scott had asked for change to 9.07 that clarify what the dgo does which is deprioritize certain low level traffic offenses and also language to make clear that there are still many avenues left for enforcement while we are deprioritizing stops, but not enforcement. i sent chief yesterday some proposed language that i think could accomplish that and my understanding is chief is reviewing that and will get back to us and look forward to his thoughts on that. the other thing i will say is, i am going to ask to agendize for next meeting in closed session the status of the meet and confer discussions as it
8:18 am
relates to dgo 9.07. my understanding that despite the dgo being enacted a month ago there have not been substantive meet and confer discussions, so i would like to agendize a closed session item on this so we can discus with director preston what the status is and for commissioners to be able to give her direction on how those negotiations should proceed going forward. that is all for me. commissioner byrne. >> thank you vice president carter oberstone. i as well i have been practicing immigration law a number of years and as many people that live in san francisco myself included we are either immigrants or children of immigrants and there is immigration program
8:19 am
called the (inaudible) people undocumented if they are a victim of crime can apply for a work permit which can lead to a green card, but one of the requirements of the application is certification from the district attorney office or the san francisco police department, and a number of people have come to me over the years and said, where do you go in san francisco so i asked sergeant youngblood where to go and i just understand it is inspector tony florez who came up earlier tonight and he is at the special victims unit at 850 bryant street on the 5th floor room 500. i would make a request that that information be put on the police commission website. i think that
8:20 am
as i said before, i think that san francisco has throughout the history had a welcoming hand to immigrants both documented and undocumented and i think that it is true reflection of san francisco if we can make that information available people shouldn't have to ask me where to do it because what i do and supposed to know and dont know. with that, that is my report. thank you. >> that is a great suggestion and might do the same for t visa as well for helping- >> the traffic visa. >> giving information that (inaudible) investigation to a crime. >> my experience that i see far more u then t and you know, there is a limited number that can be granted of the u visa, but it again without
8:21 am
going too long, it is a way of the san francisco police reaching out to the undocumented community of san francisco that we are here to help, we are not here to turn you over to ice and that encourages that community to report crime and realize the police are on their side. thank you. >> thaurng thank you. >> thank you vice president and commissioner byrne for the suggestion. great idea. couple updates for me. as chief laspp zar said i was privileged to join in the lunar new year parade. it was tremendous turn out even with the rain even though we avoided the worst of it. has been a difficult time with anti-api violence and was a real testament to the strength of
8:22 am
the community to see that turn out and to see the vibrant and strong show of support from the broader san francisco community as well that this is our home. couple updates on general orders. i have started discussion with sfpd over department general order 10.11 to work on working group process. that is involving body cameras. near and dear to my heart. look ing to important updates to the general order. with assistance of commissioner yanez we attend working groups for dgo 7.01 involving juveniles we have one tomorrow. i may have to figure how to be in two places at 1 but looking forward to that meeting tomorrow as
8:23 am
well. i brought this up a couple weeks ago that we are coming to the tail end of discussions with stakeholders on dgo 5.16 which concerns search warrants in germane to the discussion about deadline jz transparency i share there is internal deadlines revised comments to the commission and the department will be submitting the draft of that to the commission on february 17, and i have asked that be placed on the commission agenda for discussion and action at the march 2, 2023 meeting so we can finalize that general order as well. i want to thank all the stakeholders that worked hard on dgo 5.16 including cara lacy today. to add what vice
8:24 am
president said i looked forward to closed session on meet and confer for dgo 9.07 on traffic stops and also think pursuant to recent commission action i look forward being able to share with the public as much as possible that is not privileged and continue the process we have done of sharing not privileged information which we have obligation to do and hopefully will continue to be as transparent as possible with that process. some commission related business, i am submitting to the commission office the resolution on the meet and confer instructions. i don't have to read them aloud each team so can hopefully vote on that and working with the depy city attorney revising the commission rules of order which hope to have a draft for consideration start of next month. thank you. >> commissioner yanez. >> thank you vice president carter oberstone. quick report, as
8:25 am
commissioner benedicto mentioned, we are continuing to work on revising the juvenile dgo and i was approached and requested we itemize a (inaudible) i was approached by the president of the juvenile probation commission to discuss restorative justice and diversion programming efforts the city has undertaken for many years and how we better coordinate the efforts, so that is something that after a conversation with president margaret bradkin, we are hoping can be agendized for april which will get us right around the same time when we have a draft of dgo 7.01. i did also have an opportunity to speak with district attorney brook jenkins about restorative justice in general.
8:26 am
it is my understanding that that department has received an award, $6 million award to expand restorative justice opportunityties for 18 and 24 years old. my understanding there is a mou being revised at the moment that will help clarify and institute new conditions or expectations for participants and i'm hoping to have more information about when that new program will be expanded, and how it will impact restorative justice programming for young people also, because there is a very successful restorative justice prm in san francisco facility through the referral center called make it right program has been a evidence-best practice. there was research done, a controlled double blind study that
8:27 am
demonstrated improvement on reducing recidivism for up to 5 years after young people successfully complete that program, and so i am hoping we will continue to build on those efforts in the city to make sure young people have all alternatives to detention. that is my report. thank you. >> thank you. commissioner yee. >> thank you very much vice president carter oberstone. i want to report on february 5 i attended visitation valley community center. they had their lunar year celebration. as you know visitation valley is in the southeast corner and it was great to see over 300 residents and community members out there. joined by lieutenant don anderson and his staff. great to see them there. there was other elected officials, city attorney david
8:28 am
chu was there and along assistant sheriff-i think carter. (inaudible) it was great to have those-first time for me to see so many out there and had a great time. on february 15 in china town we'll have a aapi summit. there will be the-we have mayor london breed, city attorney david chu, district attorney brook jenkins and think william scott will be there. we will have interpretation and the reason for our meeting there is to introduce the chinese community to our community liaison unit. many of the chinese community members don't understand about community liaison units and what they do, so we'll
8:29 am
have translation out there and also to talk about the issues when they are victim of crime and what do they do and what services are available. biggest problem over there is the chinese community when crime happens to them, they tend not to report it, and they feel it doesn't get-there nothing that happens when they do report it. i want to emphasize for our community whether chinese or residents of the city, it is very important to report the crime to insure these hopefully people that purpitators are caught and that they do not do this again and hopefully everybody can come and that's my report there. thank you. >> thank you. commissioner
8:31 am
8:32 am
have conversation about potential technology. this is about camera management in general, mainly body worn but there is interest in general and how to maintain and control data on all these potential tools that technology is offering, so we are in conversation and going to get the technology folks from the pd to look at it too and see if we can help have a conversation at this level about that because it does-the public is concerned, we are all concerned about adding these tools untested so far and the more we can do it in a way that presents access when needed as well as the controlling the data and making sure that there is transparency and security around it all i think it is really important to do it all
8:33 am
at once, so looking forward to these discussions. that is in the next couple weeks. >> my director that handles all that stuff nicole arm strong is here so- >> going to be there. >> my point person for the technology advancement we implemented in the past and will coordinate to walk through the system jz what we spoke about today the follow-up meeting with the department to see if it can be provided. >> yes. >> to make sure our devices and tech knowledge speak to each other. >> i have done ride alongs in the cars and hear complaints about the front seat is 3 different sets of technology and it is san francisco. anyway looking forward working on that. thank you.
8:34 am
>> commissioner yee. >> briefly i want to thank commander julian ing setting up the api summit february 15. thank you. >> alright. thanks for that. sergeant could you take to public comment? >> members that like to comment regarding item 4 commission reports please approach the podium or press star 3. there are no public comment. >> please call item number 9. >> line item 9. budget hearing for fiscal year twept 24-2025 discussion and possible action.
8:35 am
>> good evening. my name is patrick leung the chief financial officer for the san francisco police department. tonight we will presenting our proposed budget for fiscal year 24 and 25. i want to start with a brief recap. the mayor office instructions to departments are to reduce the general fund support by 5 percent in fiscal year 24 and 8 percent in 25. this table illustrates the reduction of the department has experienced over the last 3 budget years. fiscal year 21 due to the covid pandemic all vacant positions were cut. in addition, the board has cut overtime and academy resources
8:36 am
which created long lasting impacts to the department. we yet to recover from these impacts of these ruductions and now facing significant staffing shortfalls smaller classes and growing number of members are eligible to retire in upcoming years. we see the department lose 224 sworn positions and 10 staff positions. to bridge the deficit is through the hiring of prop f retirees, substituting for police service aids and job classes where propet and use of overtime backfill to supplement existing staffing. overtime backfill to address chronic under staffing began november 2021 and much of the cost was offset by position vacancies. with this
8:37 am
offset without a one time covid relief allocation we would have ended last fiscal year at deficit. with we look at our current personnel deficits we see a large gap between the recommended staffing levels for officers versus actual officers on hand. overtime backfill helped reduce a portion of the gap by approximately 55 officers and if we compare all ranks overtime had the equivalent of 85 sworn fte. when we look at recruit hiring, we can see the number of recruits that have passed training over the past 6 years is dwarfedby the number of officers. academies will not resolve the personnel deficit and next several years have to
8:38 am
reapply overtime backfill and academies to address the operational needs. in this slide is a update from the previous presentation. the thing to node is it the continued deterioration for calls for service. this is another update in last year's approved budget for overtime. it was-last year budget assumed for the fiscal year 24. the overtime needs would be lower because of increased academy hires. that hasn't been realized and we are now more dependent on overtime then last year and we exhausted all position vacancy savings. the gap between our overtime budget versus usage needs to be resolved during the mayor's phase of the budget process. one of the largest contributors to the overtime time is backfill. two other big categories have been safe
8:39 am
shopper program and the tourism deployment. these are city initiatives to help recovery of the local economy and the tourism industry. looking at leasure travel san francisco is the only market with double digit negative growth and lagging behind other top markets. looking into fiscal 24 we have approximately 297 sworn vacancies. our current staffing is insufficient to meet service demand and recommending the position vacancy use to hire prop f retirees to use police service aids or other civilian opportunities and overtime
8:40 am
backfill to address operational needs. more sworn officer will be eligible to retire, if 100 officers separate the city needs more then 3800 applicants in order to have 100 recruits successfully pass fto and replace officers who separate. given the ot staffing needs required to prevent further deterioration and response to prevent further deterioration and response time to address the increase in part 1 crimes and invest in academy classes we are not recommending cuts in the personnel for fiscal year 24. when we look at service budget, rent is biggest category at 40 percent. it services and licensing has seen significant increase. the body worn camera contract increased by $140 thousand in this year and it is slated to increase by another $160 thousand in fiscal
8:41 am
year 24. we have seen price increases in the license renewals, ranging from 5 percent up to 30 percent in the most extreme cases. cuts in the service budget will result in step backward on the most recent reform efforts. looking at our material and supplies budget, it is remained flat many years. the recent increase is attributed to academy class added. the supply chain increase and increase to raw material cost have resulted in price increases in many areas. we have seen many of our supply staples uniforms crime lab supplies, have increased in the last year. some increases reached high double digits. when we look at our equipment, we have been averaging 20year replacement life cycle. best practice is 5 year or 100 thousand miles we are in excess of both of the
8:42 am
marks. (inaudible) replace 64 vehicles beyond the use of life. given the number of vehicles and the extra repair maintenance for older vehicles, we are not recommending cutting the replacement vehicles. when we look at department outlook for fiscal year 24, meeting the 5 percent reduction target would result in deterioration to public safety at a time when we are short-staffed and more people eligible to leave we need to rely upon prop f, police service aids and overtime to fill the gap and need to help rebuild the sworn staffing to prevent future catastrophe years to come. from the budget we have been able to identify $1.2 million in cost reduction. given the prior reductions the department experienced any additional cuts would impact ability
8:43 am
to hire recruits, address public safety needs and our ability to do our part in the recovery of the local economy. we added additional slides at the end to provide more context. i had to rush through the presentation, but if the commission has any questions with regards to our budget i'm more then happy to answer them. >> commissioner walker. >> thank you. thank you for the presentation. there is a reference here to work orders from other departments. especially in light of the collaboration we are going to be-engaged in with other departments--maybe with other priorities i think we talked before about providing training
8:44 am
for the alchemy group, ambassador groups mental health officers all the issues that are not really law enforcement, but pulled in because the other agencies are not out there necessarily or may need to partner. is there a way to look at getting grant money to pay for some of the classes in our academy? i know we-there is one area of potentially cutting a class. i think that in light of the fact so many people need training that may be a collaborative effort is there ways of getting some of the hours paid for with work orders, grants, that type of thing? >> those are all areas we actively look for. typically for grant programs there is state and federal programs. there is usually
8:45 am
specific priorities they target for. training can usually be a element of those. we do actively look for new opportunities as they arise and where we can fill gaps we reach out to our units and to the captains, command staff to look for additional opportunities where we can use grant dollars to help supplement our existing budget. >> it seems like the federal budget discussions have included a lot of mental health funding, and it is a huge need here. i think that would be a really good area to look at as we are going through the collaboration. >> yes. we did apply for one grant program that specifically addressed some of the mental health issues that we have been encountering and unfortunately for that application
8:46 am
we didn't get the award. we did have good conversations with the granting agency, they providing feedback so when the next opportunity comes aboard there is some changes we will make to the application and hopefully be success ful in the next round. >> maybe to the-we are going through a lot of reforms the pretext stop changes et cetera, it seems like there should be some grant dollars available for, especially it upgrades that can help, if not traffic stops then cameras and all of that is something to look at right now i think as we expand our reform efforts here. >> we are looking forward to new grant opportunities opening. sometimes there is a lag between when legislation is passed versus when grant funding becomes
8:47 am
available. one example would be the retail theft. california governor newsom passed signed a bill that helped set aside money to combat retail theft. as of now we are still waiting for the state to release rfp to apply for it, but that is snng something we are looking for and as well as some of the other opportunities such as the ones you just described. >> thank you. >> commissioner byrne. >> thank you. thank you. just a few questions. the first one, the budget seems to-in other words, we are 300 to 500 officers short? >> correct. >> when you look at the budget
8:48 am
on page 22, we are down to 1451 officers, yet we actually have more sergeants then we had in fiscal year 2020 when we had 1686 officers. i mean, it is like if we are short, we seem to have plenty chiefs but not enough indians. do you get my point? had there is promotions going on and i understand that, but there is fewer officers for people to command because we dont have enough. curious as to why? >> i will speak to that and director leung to can speak as well. we need- >> wait a minute. sorry to interrupt. i know
8:49 am
that commissioner byrne didn't mean anything negative by it but i think we have to be very careful how we refer to when we make those types of analogys that refer to a class of people in a way we have decided i think as a society it is no longer appropriate to refer to them by and i want to call out this is not-i know you didn't mean anything by it but i want to call out because i think some people were watching this may have taken the wrong way or offended so i want to call out we are not condoning that type of using that type of language and i know that commissioner byrne didn't mean anything by it. >> my point is there seems to be plenty bosses and not enough workers. i guess that expression is out-dated and apology. i didn't
8:50 am
mean anything other then the comment there appears to be many bosses and not enough workers. >> the first is that i think we need to look at who is actually resigned and retired and look at that number to see where the decreases have been, for example i have a resingition oen my desk of a officer soehave to look who is leaving but the other part the sergeants have dual purpose and serve on the street and investigate crime so we are very short in all the ranks and will not see promotions in mass like we used to have. working on the recruits to make sure we don't promote more people then we have officers for as far as the numbers we are hiring and graduating. so we are looking at that, but we need
8:51 am
sergeants too, and homicide robbery special victims we need investigators as well. >> you are saying there is shortage of sergeants in fiscal twept 2020? >> here is one thing i add, in the chart when we talk about attrition within the budget system it does not attribute any classes to it, so out of the 99 or even the in fy21 for those 200 positions, there is no distinguishment between which class is reduced, it is just out of all of the total positions, for fy21, outs of all the total positions, there is going to be a net reduction of approximately 234 positions. if you take your example for fiscal year 20 for those 99 positions that are attritioned, there is no-it doesn't
8:52 am
make distinguishment between classes. some can be officers and some sergeants. it is merely set based on a dollar figure and the-how they arrive at the total number is really average of all the salaries within the department and whatever the average comes out to be is what the attrition total means. >> i don't understand. did we have 485 sergeants in fiscal 2020? >> what i'm saying, if we take fiscal year 20, for that 485 sergeants that's the number of sergeants within the budget system that doesn't necessarily mean that is the number of positions that are budgeted. when we take into account attrition, we are reducing the total number of positions by 99, but it does not-when we
8:53 am
look at attrition we don't make any distinguishment between sergeants or officers or any of it other classs. >> i understand that, but it appears at least it appears to outsider like me that we got by with less sergeants in fiscal year 2020 then we are now. not trying to discount but given the economic times we are approaching and the mayor's priorities, it--the impression is given the force is becoming top heavy, at least to a out cider like me. i had discussion with expolice officers and they made the same comment. >> we see what the allocation number is here in fte from all the years but have to look at the numbers in the department
8:54 am
because we are drastically short sergeants as well. we are not full strength at the lieutenant or captain rank and even at the command staff. we have people that are out. we have acting positions so we are really short in all those areas. the last thing i'll say is, often i talk about chief talks about and others how the sergeant rank is so important when we develop new policies, when we have use of force and all the other things we put out, we need to have good supervision and oversight to support our officers, so that the sergeant rank is pivotal and want to point that out. >> but you understand-if we are in this what appears to be because of it decline in san francisco, it appears that at least a number of promotions i understand we are
8:55 am
short, but it goes to the second question, which is, that i understand you want to keep maintain the vehicle and a lot of vehicles are old, but the fact of the matter there are 500 less officers so there a need for less vehicles and somehow non sworn personnel are driving the vehicles may need them. >> for at least the number of vehicles, for best practice we typically have over at the district station new man cars. with short staffing a lot of them are just having single-one man cars. >> right. i have been on them. >> right. so, if you had hundred officers you would have 50, two person cars. but since we are short staffed
8:56 am
we still have 50 vehicles but they would all be one man vehicles. there is no two person cars because of short staffing. at least from the number of vehicles having reduction of staffing doesn't necessarily mean less vehicles being needed. >> it is my experience that yes i have seen the one person vehicles, but i have seen plenty two person vehicles. so, given the serious reduction, it just seems strange to me we need as many vehicles when we don't have as many officers and therefore i wonder why the budget has to stay the same? i understand the vehicles are old, so i understand cut isn't as dramatic but it basically we are down 20 percent or more of officers, which means
8:57 am
just rough ly speaking we would need 20percent less vehicles and yet you want to keep the thing steady and i'm-doing my best to be conservative with the numbers. just seems at least from a lay person view it seems odd. >> if i may just add, some of the vehicles to your earlier point need to be replaced and i will say that some of the officers when they leave our department sometimes they say, we had-leaving this department because the equipment, because of the vehicles and condition of our equipment and we need to have cars that are safe and-i know you know all these things, so it doesn't equate that we are buying more vehicles to have more vehicles for more officers. the way i see we buy more vehicles to replace many vehicles we should have stopped driving 15 years ago. >> i understand that,
8:58 am
but i still-i guess i don't see the accommodation made because there are fewer officers, and it goes to again some of the administrative stuff where fiscal 24 is the same and yet we are dealing again with fewer officers, this is page 23, we are dealing again with fewer officers. how would you say, i get some of them will stay the same, but why would clerical stay the same if there is 20 percent less? again, you made the explanation about automotive and i understand the as commissioner walker said about we have to catch up with information technology, legal has gone up in this budget for fiscal 24, so have we hired more lawyers or-? it has gone up by over a million
8:59 am
and half. frrks >> the legal positions were associated with positions to comply with sb (inaudible) transparency cases. >> that makes sense. again, i don't understand the clerical, pay roll personnel, those being the same when we talk about a force that is 20 percent less. i just don't know, i'm not an accountant, not like you, but- >> commissioner i like to explain it. we need support staff to support us and help in many areas. as you know, even when the commission asks for reports or we get outside requests or have to develop presentations, a lot of times over the years sworn members have done a lot of clerical work and we have to work to get as many sworn people out of the building on patrol to have the support staff when we get new mandates new laws for
9:00 am
now we have carrying concealed weapon and dealing with those applications and that is a whole other group of staff we have to hire. you think about pay roll, when we spend x amount overtime all that has to be processed. our pay roll clerks are overworked because they have to do all the work to accommodate payroll for overtime. in my opinion and being in the department so long, we need more support staff and the police officers need to do less. not saying they are doing much of this, but if you look at other agencies comparable to us, i would venture to bet that they have more professional staff for agencies that are our size and smaller. these are all important positions in our opinion. that we need. >> just one final question. of the 1400 whatever it is over
9:01 am
9:02 am
might be one i have to- >> can you rephrase the question? i want to make sure i understand it. does it have to do with brady how many officer- >> it is more then just brady. at least i understand the brady issue, but i understand if we talk to members of the police department that there are other officers because of where they are allowed to return to duty after a officer involved shooting where at least from talking to number of
9:03 am
officers where they are essentially still on desk duty and not on patrol even though the chief has come before the commission and done the report and all that, and so my question is more then the brady, it is those other officers who at least from what is said should be allowed back on the streets and yet what i have heard is they are not. they are still doing some sort of desk duty and given the shortage of people on patrol, i like to know beyond the brady how many are so that-in other words, what i'm getting at is i want to know the number and also want to encourage the department those officers that are free to go on patrol if they were involved in a shooting i dont hear reports they are still on desk duty. if the chief says they
9:04 am
are okay to patrol i think they should be on patrol and not behind a desk because we are talking about shortages. >> i have the numbers. >> thank you. talk too much you have plenty time to look these things up. >> for sworn there are 103. >> those are brady? >> those are-yes, those are active sworn that are on the brady. >> what about the other ones that are on desk duty that really are free to go on patrol? because there is a number of those because i hear about it all the time. >> there is a document that we have that i don't have in front of me on my desk that speaks to the number of personnel on disability, that is a significant number. probably the largest number we have seen. the number of
9:05 am
officers that are modified duty that are injured and working inside, and a number of officers for disciplinary or other investigative reasons not on the street and unless someone in the room has it we can supply that to you. it isn't a significant-everybody counts-i will venture it isn't a significant number but we can get that number to you and as the commission there is various reasons why individual officers haveen been rearmed and things like that. >> but, at least what i heard from the officer s is they are rearmed but not allowed on doughty and how would you given the shortage proturbs me because if they are allowed on duty they should be on duty unless there is a serious discipline thing. some i'm aware of involve officer involve shootings where the
9:06 am
chief has come before the commission and said we are fine and read the letter they are final fine and they are not on duty when they should be on duty. >> i will say in the last-this week alone i may have signed 3 or 4 memorandums from individuals who have requested their fire arm back, requested to be placed in the field so that process is moving. i think that may have been a topic of prior conversation at the commission, and we don't disagree. if a person is eligible and ready and fit and prepared we need them on the street and i will tell you we are not loading up some desk job assignment (inaudible) >> made all kinds of acquisitions over my life but that is not one of them and don't want to be conviewed as one but when i talk to merboffs the department i'm aware of that and aware we have seen they are allowed to go back on
9:07 am
duty and yet i am aware that they are still doing desk jobs and that bothers me because of the shortage. i think that from a officer point of view they want to be on patrol and not behind a desk i think it isn't good for morale because they are cleared and still on desk duty. that how would you say, it is just a lose lose situation here. >> i would suggest offline we go case by case and look at each one because we always look at the various commissions and individuals and me from operations is always saying we got to get more people on the street and get a lot of support from chief flaherty and others so need to talk case by case. >> i will endeavor over the next couple month s. >> thank you. >> commissioner yanez. >> thank you. on page
9:08 am
7 here you break out the hours in categories. would you describe the difference between over time back fill minimum staffing and the third one that indicates arrests and extended shifts. what is the difference between over time and extended shift? >> so, over time back fill in this instance we categorize it as someone-a member working over time shift because of low staffing. for extended shifts it is specifically categorized in the pay roll system as ot2 which corresponds to officer who may make a arrest at the end of his shift and because of
9:09 am
department policies they have to be able to complete the arrest report before they leave for the day and so that overtime is specifically associated with that time. >> so it is in fact overtime though? that amount would be-would contribute to the overtime total? >> yes. arrests-yes, arrests as a result of extend ed shift or overtime because of arrest that extend their shift is results as part of that 43.4 million total. >> so, we continue to staff and meet the needs of our department through overtime and various forms which is a need that we continue to have and so-it makes sense, it just didn't make sense how it was presented but that clarifies it. with regard
9:10 am
to-inunderstand there is a formula and think this is somewhere along the lines of commissioner byrne's questions. the formula that determines staffing is based on calls for service, which is usually a projection from the previous year in order to generate a budget recommendation for the next year. one element. is the response to calls tiered with regard to staffing in any particular fashion that is different then that formula that you guys generate in order to develop your budget? in other words, priority call a, which we want a immediate response to, you get the call and it gets where ever it is tenderloin, mission, you send
9:11 am
an unit and it is priority a call so we assume there is risk involved, there is maybe a weapon, who knows. that unit will normally have two officers in ideal situation. with you get priority c call is the same response you are offering? so, call may be just for i don't know, want to make a incident report because someone broke into my car. the formula dictates there are two officers required for the same level of call? >> there is couple aspects to it. when developing the work load metric for the calls for service it is differentiated between (inaudible) public calls and 911. the priority is one thing, but there is also the element of the number of units that responds. priority a call you expect there be backup units associated with those type of calls
9:12 am
and it does also depend upon the call type. a traffic stop is different then like a homicide call. we do work with the controller's office and with dm when we do the staffing analysis on collecting the data, on eliminating duplicates, trying to measure the workload and all the different instances and it is different between different units. the workload metric for the district station-officer at the district station is very different from the workload for investigations and et cetera and so it isn't just calls for service, it is also associated with the number of crimes that we would have to investigate. some are also done at the district station. it is a factor in it, but it's-there is a lot of other moving parts
9:13 am
that feed into the equation of like the calculation of here is how many officers that we recommend based on all the metric workload. >> can i add on the operation side? matric did report on staffing and analysis and came up with the number of 2182. very comprehensive study on all that. when i look at district stations it is calls for service, self-initiated activity, first amendment activity, community events, and the level of complicated calls. violent crime, et cetera. we staff accordingly, but just put it into very simple terms for myself, mission district has 6 sectors geographically you need 12 officers and 1
9:14 am
person to run the station, that is 13 and then if you want a foot beat on mission you are 15 and 2 in the castro, at 17, and fill in from there. most cases there is only 7 coming to work or 8 and then we look at that and say okay minimum staff 911 calls with the cars and that's where the back fill comes in and make sure officers are safe, the community is safe. we have enough officers to do the work and that is really from the hip how we do things most often. the stations have been supplied with a minimum staffing number to say please do not fall below this number for safety reasons and all that. the last thing i to answer the question is, because for safety reasons we do partner everyone up. they will go to the low priority call together and take care of the burg larary for
9:15 am
safety. sometimes in the investigations it leads to by the way the person who broke into my car is standing over there. we have to take action so the officers will do this together. i hope that explains. >> that is helpful. it sounds like we are investing resources in the areas of need based on what we have viable. that does answer the question that it isn't a cookie cutter response to every call, even though in a perfect world if we have everyone staffed there will always be two officers showing up and so i am just i guess encouraging us to analyze you know, the possibility for certain calls just the way that we deprioritized certain interactions and we have determined as a city we will not send officers for homelessness. i feel there are
9:16 am
calls that demand less a response and you can't control for every factor but that is something to look at continuing moving forward given the constraints we will have in the budgeting considering the economy and all the projections. just a little-helpful for my clarification and then i guess the last question i would ask in addition to tier responseed, since we do have the outdated vehicles and we will be assuming purchase new vehicles are we purchasing green vehicles, electric vehicles is there conversation to save on the front end or back end, on the gas costs? >> that is--we do work with (inaudible) and work with also the mayor office on the type of vehicles that make it into the budget. part is cost discussion, part is there are
9:17 am
some vehicles that they don't have electric versions of them. we have a need for passenger vans and there are not electrical versions of 12, 15 passenger vans. in those instances we do try to look forward at least hybrid versions. within the budget process we work with central shops, working with office of contract association, they do have term contracts that the city has where we have pre-negotiated what type of vehicles departments can purchase outright and from those vehicles try to make a selection that is electric first if able to meet operational needs and have infrastructure to charge them and then at the very least we do try to look forward hybrid version and that has been the case for at least two years. >> great. thank you.
9:18 am
>> commissioner yee. >> thank you very much vice president carter oberstone. page 11 talks about the rent comprising 40 percent for service budget. just curious of where is the rent going to? is it something that we are signing for long-term lease or short term lease? >> most of them are long-term leases. the leases for the city, the department of real estate help negotiate all the leases on behalf of all the departments. in thise category these are representative of leases that we make payments directly to the owner of the building, but as far as the negotiation of the rent, it is typically done by real estate on behalf of the department. those are typically long-term leases. there's the major one that we-the example we gave during the last
9:19 am
presentation for (inaudible) that lease agreement was for 10 years. >> okay. second question i had was going back to i guess recruitment and looking at this is a big item for us. we are short on staff, and wondering if there is allocations of funding to hire a professional recruiter? >> in this year's budget there was a recruiter position that was added and we did hire them about a month and a half ago, so they are actively working for us and helping with some of our-improve some of our initiatives. there one we are working on try toog bring a instructor to help with academies to make the test. there is other budget items that are intended to
9:20 am
help recruitment efforts. one is for the-can't remember what you call it-funding for software solution to help eliminate some of the bottlenecks in our application process. right now we are rely upon very much manual process and it doesn't provide a lot of feedback to applicants that apply and we are also taking a long time from when the person actually applies to when they are actually able to get into the academy. that is another one we are working on. we have conversations with the city attorney on product solution that we are hopeful to help with that item. >> how long have you had the bottleneck in the system? >> quite some time. with our recruitment a lot of it is the
9:21 am
investigators we have that are 960, but many of the documentation standards we have on processing applicants, most part it is more manual base and takes more effort and also time consuming. one of the areas we are exploring in our recruitment retention unit is software solutions that can help us achieve ficiency and reduce the time it takes for a applicant to be process ed. >> have you hit the top and coming down on the time response on recruits applications? >> for at least that part we are still-our process is the same at this point. we are trying to enter into agreement with the software vendor and that is still ongoing
9:22 am
but we are hopeful we can finalize that contract and to get some help on this area. >> thank you very much. >> thank you director leung. two quick questions for me. one comment and one comment. i will say the issue of officers signed to administrative duty, intersection with that and brady, the question asked about how many folks on admin duty that can be on patrol that are not on patrol, these questions do come up regularly particularly in the budget process but also other contexts. i say that we often get an answer of we'll get the numbers for you later and i think it was a year ago roughly that we went into closed session came out of closed session and are director
9:23 am
henderson and his team identified in the transcripts all the time this exact question had been asked and the answer we always get is circle back with the numbers. not always in the budget process but often in budget. i think it would be helpful when we center the presentations to have those numbers ready and anticipate that this is something that commissioners have shown interest in so that is just a comment for future presentations. one substantive question on page 21, i just wanted to ask about the department's plans for civilianization. my understanding is that this was a priority, this is something we want to do. when i look at the numbers fiscal year 2020, roughly the ratio from civilian to sworn fte is 25
9:24 am
percent and creeps up to 30 percent for 23-24 projections which doesants strike me as particularly aggressive and just curious if there is anything else you can-any other information you can provide the commission about how the department is thinking about civilianization. >> for civilianization part of it difficulty is it a unlimited number of resource needs and finite number of budget dollars available. each year during the budget process we do work with the mayor's office to try to prioritize what positions would make the most impact and sometimes they are successful and sometimes we are not. one avenue that doesn't help us is when we look at our personnel budget, specifically when we have over time and that routinely gets cut, when we try to hire for those positions and
9:25 am
over budget because of overtime, typically what happens is if a department is slated to have a deficit in the budget the controller office would place a freeze on hiring. we experienced that two years ago, we experienced it last year and experience it some time this year and what that really-how that really impacts civilianations when the holds are put in place wree not able to make the hires and at the time when we get towards the end of the year when we work with the bla on the budget process they look at the positions and are like you are not using them and usually the recommendation when they get to the board level is that well, you can start adding attrition to the department because they are not making use of the positions and that brings us further back. in terms of position it has been a struggle. we to have
9:26 am
to balance the resources that we have with the operational needs and at least for the civilianization positions, it is somewhat a struggle getting the number of positions we would like versus having the budget to do so. >> alright. i will say that doesn't necessarily intuitive to me that a hiring freeze would make it look like we are under-utilizing our civilian staff and not clear budget pressures make it harder since civilianizing is jen ral budget savings. so, these projections for 23-24 you are saying they are low because you anticipate not getting budget
9:27 am
allocation for them or? >> so, there are several personnel constraints that we have for next year. one of them is obviously the sworn staffing. the other one overtime. when we look at last year and the year before, when we have-over exceeded on the overtime budget and overtime budget is another category within personnel. when we go over on the categories it impacts the ability to make any hires. so, we may have the positions on paper, but if there is no budget to help support the positions the hires are not going to come through. going into next fiscal year, our most immediate concern is sworn staffing on our academies and secondarily because we are significantly short-staffed on
9:28 am
trying to address-trying to reconcile the overtime budget versus how we are currently using it, there is a significant gap between what we are budgeted for, verses the overtime need. >> alright. thank you director leung. i don't see anyoneential in the queue. can qu ask for clarification on the vote. this is recommendation to the board. >> under the charter you have obligation to pass a budget so in the past there has been some commissions that have just moved it along for with no vote, but generally speaking there has been a vote. but it is recommendation. >> it is recommendation. okay. great. thanks so much. is there a motion? >> so moved. i move to approve the budget as
9:29 am
proposed. recommend. >> is there a second? >> i'll second. >> members that like to comment on line item 9, please approach the podium or press star 3 now. caller you have 2 minutes. >> after listening to this, i wouldn't have approved this budget for the fact that they are ordering cars for police that are not even here yet. i'm concerned because they keep saying short staff and (inaudible) short staff but
9:30 am
commissioner byrne mentions there is a lot of (inaudible) the numbers are not adding up. we are going into a fiscal crisis, going into recession and i don't think it is fair to us san franciscans. i think you really need to look over the budget again and we need honesty. why are you ordering cars and i see all the newer cars. where are the older cars what districts because in my district i see a bunch of new ford whatever. we don't have money to waste and i don't appreciate they come and lie to you all about that they need cars that they don't or talking about there are people sitting at it desk who want to come back to work when there is a lot of officers out because of covid even though the mayor said covid is out. i'm confused here. i
9:31 am
wouldn't approve this budget at all. thank you. >> that is the end of public comment. >> thank you. could you call the roll please? >> motion to approve the budget - [roll call] you have 6 yeses. line item 10. dpa budget presentation, 24-25. discussion. at this time if we could-it is already there. this is our director of operation, nicole arm
9:32 am
strong with the presentation. >> good evening. nicole armstrong director of operations at dpa. also do technology and number other things at our office. we try to make things work the best to our ability so here to talk about our budget proposal for next year budget. as discussed in the sfpd budget the mayor budget proposal for this really focuses on cuts we have to make in the next 2 years and for dpa we are a very small agency. i want to look at this. our budget overall is very
9:33 am
small budget. we have about $9 million right now which is cut for the past couple years and as you see our real budget in the meat and potaetoes is salary and fringe and that is primary. as we work and do our efforts as dpa it starts to impact as we have the cuts as they go on. one thing i want to show and give you a preview because we will be back to do the annual report is talk about preliminary data we are doing and let you know we continue to see cases over 700 cases on annual basis. policy work and (inaudible) we investigated 1710 allegations. that means we identify and do research for all of these things and close 720 clients and sustained rate is up. this is the work we are doing and only a fraction of what it is but doing it on a
9:34 am
limited budget. what that really focuses on when we look at that is nut and bolts we are doing and as i said before and want to introduce what my role is at dpa is because we wear a lot of hats because we have such a small budget. our staff is doing multiple things and doing the work and working hard and priorities are to make sure this is done with the budget we have with limited cuts. we want to make sure we provide the reports and analytics, make sure our technology is using the creative approach. as i presented earlier this year we talked about complaint portals. new ways to use funds through the city without add additional cost. there are going to be some times we do. we need to look at outreach how we communicate with the community. we need funds and ability to do advertisement and let meepal know we are here. if people don't know dpa exist
9:35 am
they wonelt make complaints and we want to make sure the work force is diverse with all the hires we continue to make sure we have continued diverse workforce with investigators attorneys support staff. you got to meet some today. we try to make sure we have these things available to staff. as i said, going back to the slide we don't have a lot of funds to support a operation staff. it focuses on salary and fringe. non personnel sunchs isn't 500 thousand, materials and supplies is really low and this is due to continued cuts from the pandemic and going forward. this is what the mayor budget office asked us to cut and focus on what is coming up because we will work on getting attrition back from the years before but also $368
9:36 am
thousand for the first year but half the material supplies and problematic funds that is quite a bit of money out of the budget when 85 percent is our fringe and salary benefits. our goal this year is to work on hiring one new position and changing one position from temp position to permanent. we are not working on asking for too much and focus on how to meet the needs of the community, commission and everyone through each step we take in order to make sure our salary and increased budget is reduced as much as we can. these are proposed changes we focus on this year, and as you see we are not asking for a lot. i don't want anybody to say they are asking for lot. we are asking for increase of 20thousand for materials and supplies. that's to do professional services to computers, to our
9:37 am
subject matter experts and general things with a investigation in a case. increase technology cost. our technology we have has never been added to the budget, so case management system, sales force, computer programs has never been added to the budget so using salary savings and different ways to make the ends meet but because of the increase cost of technology we are unable to do that in the future. some of the programs went from $10 thousand last year to $20 thousand so we try to renegotiate and lower to 12 thousand there. we are like a small agency and lower it down but cant keep doing that and need to find a way so to mick sh make it so the budget is stable. not just in a creative way but effective way. you will see there a drop in the 104 salary benefits which is different from the previous slide because we add
9:38 am
one other position so it drops down what that propose change is. these are the positions we are adding. asking for a 1091 it apprentice so instead of somebody that is trained we want to help the city so the city is doing a new approach to bring new aprints to work on it for the entire city because there is a really high attrition of professionals so starting this new program and instead of starting from scratch trying to use the new city program to save money while helping train and develop new people. also trying to change our 1823 the outreach coordinator from a temp position to permanent position because outreach coordinating is critical for dpa. we need to make sure we communicate with the community as well as working on media, press release, marketing, we need to make sure we are seen and make sure the community is
9:39 am
heard. we also asked for proposed technology cost. i love technology and finding new efficient ways. we digitized all the way reports go out so saved thousands of dollars by changing to paper copies to doing electronically transfers. we are always trying to do our best for the environment while saving money. what our new proposed technology cost is now we have case files from 1983 and they are paper copies. that is a lot of case files. we have proposal to digitize all our dpa case files and make it so we can make them and put them on a cd. we did a estimate how much it cost to do in-house, it is about hundred thousand dollars more and 6 years longer. this project would take about 6 months so propose to the city through the coit project and also working on doing sfpd and dpa
9:40 am
case tracking so one thing that is a problem with discipline tracking is the information doesn't talk so we have one system they have another system they are developing and take years so we want to anticipate that and work on a way to share the data so it is real time form live document-it is shared so this information can be shared in a really great way and make it so it is fast and meet all the needs for sb1421, senate bill 2 and comply with california regulation. if we do reductions and high probability there is reductions because increased case load that means it will take longer to complete cases because we have fewer meepal to do the working, fewer staff and support and take longer to finish to work on the
9:41 am
cases. video evidence continues to increase the length of time it takes to investigate. we believe in investigative sufficiency. we will not cut corners so it will take longer, still meet all the deadlines but it will take longer. same with senate bill 1421, things will slow down because we need funds to do this. we don't have funds for materials and supplies to get digitized records, it will delay it. audit delays part of the positions we want to fill are audit positions. if we don't have the positions and money to fill the positions we are not able to move audits forward at a faster pace. really what our whole budget focuses on is asking for more money but focus in a way that makes us more effective and more efficient. we don't want to do things necessarily going to raise the budget to high level where we compete against other people
9:42 am
but when you look what sfpd budget and dpa budget you can see we are a fraction of it and still doing the work every day. our goal is to try to get more to work efficiently but not with hurting the budget for the city. any questions? >> thank you so much for that succinct presentation. no questions for me, just a comment. it is evident to me during my time on the commission that just been impressive the quantity and quality of work dpa is able to do with a very lean staff and everyone that i interacted with is working really really hard and so i hope that the agency gets the money it needs to continue furthering the important mission and retain the people who are doing great work now who may be
9:43 am
understandably burned out. thanks for the presentation and hope that dpa can get the resources it needs to do important work. commissioner benedicto. >> thank you. i echo that sentiment as well. i know in the last now 2 or 3 years dpa has taken on additional responsibility with respect to providing oversight to the sheriff department pursuant to mou. did that come with-how does it show up in the budget? does it come with additional resources? it should. are you doing more-what is the impact of that? >> i'll allow nicole to answer with the numbers and then summarize my perspective. >> we are receiving some funds for the sheriff work- >> now. >> we were not receiving any- >> thank you.
9:44 am
>> some of the funding. last year we did negotiate with the sheriff department accountability/oig to receive funds with the mayor office instructions so we can get money back fwr the work we do. >> and have done. >> and will continue to do. part of it duties is wearing many hats is right now because the (inaudible) we are not sure the name officially, two different places it says two different things. we are actually helping them do all of the budget. i'm doing two budgets this year. we are doing two presentations for different commissions. go forward and doing double the work to make sure it gets done. our billing is based oen the work we do so hourly rate based on if i was doing a sheriff thing i bill for hours and same way we bill anything. we are not asking for anything additional then what our pay is for the work we do. we do it for the investigators
9:45 am
attorney, budget analyst, tech person and myself and then some of staff doing different projects and things, and also we have agreement for one of the positions for marshal kind who is doing the work for the sheriff department with dpa because he has to work for us so we get that money to pay for his position. >> thank you. that's helpful. i understand you receive money now and going forward but for work previously done you would categorize as unreimbursed? >> yes. >> (inaudible) >> we wanted to make sure the work got done. that was key. we were not able to negotiate before but believe under director henderson leadership the job matters and investigates are important, what we do makes a
9:46 am
difference and i believe i was a investigator for years and federal agent and in the job because i love it and we don't get paid a lot and know what we do doesn't receive a lot of recognition at all, but we are willing to do the work because we believe in it and sheriff investigations need to be done just the same as sfpd so we didn't get the money, working for it now, but it is the work that matters. >> absolutely. is there a hope long-term now that you have this in place and some costs will necessarily (inaudible) that might help with budgetary pressure with sheriff work? >> it does help a little with our stuff but at the same time we do all the work and right now we are waiting for (inaudible) hired for the sba so they can start higher because yes money is great that also means we are getting double the work and we have staff of 47 people
9:47 am
operation staff of 5 people total so it is a lot of work. we appreciate the money, it is great, but we would like the sda to be stood up to take on that load themselves and be able to effectively investigate. >> that leads to my next question. to the extent you know because when initially a arrangements were made with sheriff department they were case by case. is the long-term plan for dpa to serve as that agency or once there is a ig hired stand up their own agency long-term, do you not know what is the outlook of that going forward long-term? >> right now it is still case by case and will stay case by case. the commission now serves in a oversight capacity. it is unfortunately not as collaborative and seemless and integration as we have with the police commission and
9:48 am
the work being done at dpa and so those decisions aren't for dpa to make, those decisions are for the board of supervisors or the mayor office and/or the commissioners to make. our role is trying to do the best job that we can do in conducting the investigations and presenting our work as defined by the lou that we are sticking with and for now, it is essentially a contractual obligation that as you alluded to had been unpaid for a period of time but now being compensated hourly by hourly as we continue to do the work and what happens next will be defined by outside agencies not dpa specifically who make their own assessment that is part of why the budget process is so important and understanding where the dollars are going and what is paid for compared to what the outcoming is. that is
9:49 am
long way of answering the question of we are not going to answer that question and we are not the ones that determine what the shape will look like beyond the lou we will continue to satisfy as long as we are able. >> got it. thank you. that is all. >> director henderson. >> i had a small comment overall for the budget in terms of the approach what people are hearing. it is a little different and more in depth because nicole and dpa wanted to make sure people understood a little more about how the dollars are spent and what it was going to so this presentation i think was more informative and understanding how the budget operates then in past years when we made the presentation but for me the difference is understanding the difference between seeing how dpa sustains itself
9:50 am
versus the potential to continue improving and cost associated with those improves, that is what we tried to present for a broad understanding. encase it was lost wanted to point it out and why the presentation was different then past years even though were the same numbers but what we tried to do was bring more analysis to those numbers to make a presentation that was more palatable or understandable to a broad audience. that's all. thank you for the presentation. >> thank you. commissioner walker. >> i think that's-i like the concept of partners with the department because it's-i had a lot of experience between the
9:51 am
planning department and the building department who all deal with the same issues but had totally separate data systems and systems and it is so ineffective because it increases the man hours you are working looking for things and so i really encourage the department and dpa to really work together only some of this stuff. as we are talking about technology to manage the data around camera collection and charting it and doing all that stuff, that's necessary in both departments and the sheriff department who are now going to be using cameras in the jail. there is a lot of technology that can be shared and don't know how that is between departments whether we bring in the city it department or whatever, but it just doesn't
9:52 am
make sense to keep sort of siloing when we are all working with the same data. >> if i can respond and maybe it might be a project for the commission to oversee independent analysis where all come together to figure out what information gets shared, how it is shared and different systems they use and efficiencies that can be built into ongoing and recent contracts related to technology. >> and anything new we are doing. >> that's what we are iis aing that build out solutions to address the concerns. >> it is a case where a lot of technology is being created so it is sort of like i look at this if we are involved with partners out in the private sector who want to license with us, let's benefit so it pays for the cost. >> those efficiencies do happen but they are case by case and those are internal efficiencies from dpa saying make sure this information is shared with the
9:53 am
department. the department says make sure the information is translatable to dpa and or the public which is the third unspoken recipient of the information. >> absolutely. if you are creating-it is all new technology like camera data collection and management, you can control who gets to see what when. >> those best practices already exist so don't have to be aspirational moving towards them but these efficiencies don't become presented or get created without intentionality. >> totally. i think it is good intention. >> collaboration is key, especially as we develop new technology is the best time to do it. >> exactly. >> it is so key. we had conversations making sure we have the ability to have the ability to have the system talks. when you have
9:54 am
input of error from system a, system b and c it means a person has to input the data and have error across the board and the goal is have one person entering the data, have it shared to reduce that and reduce the amount of time because the department spends so much time on it discipline data and making sure the excels are beautiful and wonderful but if we get the system to talk we won't have to create the excels we can make it to have dashbords and that is the goal we propose is find a way to be able to work together especially while sfpd is making sure their system is up and working. none have enough time our budgets are cut, if we work together to make a solution why not do it? >> it does seem it takes away man hours. >> it does. >> more efficient with data. >> it does. i do a lot of data in the office, it
9:55 am
takes a lot of time. that's why we create efficient agencies we can using the programs microsoft and basic ones if we use these to create new efficiency jz have across our office you can ask director henderson (inaudible) i got a new technology for you, got a new thing. but they are so important to learn to make it better and more efficient and to get rid of paper. >> yep. >> i will say coming up with those solutions and having that intentionality now is more important then later because the challenges that we are discussing now are not getting smaller and not getting easier and as we continue both with budget cuts and demand specifically related to transparency, data analysis because beyond just collecting the information has to be analyzed and shared, those problems are only going to continue to get bigger and larger even with new
9:56 am
legislation that redefines how data has to be either collected and or shared let alone analyzed. having the conversation and beginning solutions now is easier and better especially when we talk about potential budget cuts and what those impacts will be. >> great. thank you. >> commissioner yanez. >> thank you. i wasn't going to chime in but have to congratiate on all the wonderful work you do on a shoe string budget. you are able to leverage relationships and obtain free bes left and right, but i fully support- >> legally. >> i fully support your efforts to expand. you do incredible work and as been stated your staff are professional and don't know how they manage multiple matters and
9:57 am
effective and efficient so thank you. this brought up a question now talking about sharing information and when i got on the commission it was a challenge do you compare apples to apples when you work with oranges and i have something else i'm working with. now that we are adopting what i envision will be improved earlier intervention system benchmark system i know janelle is very present in these spaces, but i want to know whether there is interface and is this introduction or roll out going to involve any partnership with your department to insure you have access to that information because a lot is going to rely on reports your agency is generating? >> we had discussion with the department and they are limited because of where benchmark is now with the development, so the main thing we have to do and as relayed is make
9:58 am
sure the information that can be shared across match the fields and information you are sharing. i have to use my hands. our data base has fields where we input information. we have to make sure those fields whatever it is matches the same fields or have fieldss built on benchmark side, and so part is in the development process and so we started talking to the department about getting access or able to create some dashboard but only in the preliminary stages where we want to help and do these things, but we have been told they are far away being able to create anything now so put it on hold until we figure what fields we are able to create and have in the system because we can't connect our fields to their fields until they know what fields they have, which is why we propose-that allow to create something through sales
9:59 am
force that we can connect and i give a estimate of 8 months but sure we can have it created in 3 or 4 months, but that would give us the ability to be able to connect data and allow us to get ready for benchmark is prepared. we were told we will get access to benchmark, what that is not sure so we will see in the future hopefully as talks continue. matching the fields and getting the information in the architectural stage is key. >> since you asked and brought it up, the issue is what will be available is something different then what can be shared and what we receive and as you recall i asked for that budget to be included in the technology development when the department was getting the benchmark contract for a bridge so the information can be shared and to date my understanding is that we still don't have a budget for that so even after it is built all of the supplemental supplies or supplemental build out that has to be done on the dpa
10:00 am
side is unfunded. there is no budget for that unless i'm missing something. >> we dont have budget for that at this time. >> it is still-we are moving in- >> would you have any information about how to support the addressing this budget gap that could potentially impair our ability to create more transparency? >> more thought needs to be put into it. >> i encourage to itemize this. i requested we have a benchmark presentation. i know the implementation kind of timeline is pushed back. it shouldn't interfere with the ability to have this convarsation. as this system is still being built out. i am hopeal hoping we can get that agendized soon and hopefully you can be present to inform what field we can
10:01 am
create and push for on janelle and my end as we develop the dgo to respond to the new system. >> to be clear we are excited about benchmark and dpa and does reflect best practices in terms of data collection and represent some of the best practices in terms of data dissimination, but those improvements and those technologies come at a cost and the costs have not been included in the process. >> benchmark said they center the ability to do help our systems talk. >> great. i is have a meeting with that team tomorrow and we'll make sure that i put this item on our agenda whether to address tomorrow or speak to in the future. thank you. >> no problem. >> seeing no other comments in the chat, thank you so much mrs. armstrong. can you take us to public comment? >> the public is welcome to make comment regarding
10:02 am
item 10. please approach the podium or press star 3. there is no public comment. >> thank you. next item. >> 11 public comment on all matters pertaining to closed session including comment on item 12 whether to hold 13 in closed session. if you like to make comment approach the podium or press star 3. there is no public comment. vote whether to hold 13 in closed session including vote vote to assert attorney client privilege. action. >> is there a motion? >> make a motion to hold 13 in closed session and assert attorney client privilege with regards to item 13a. >> second. second.
10:03 am
10:04 am
10:05 am
live. >> everybody good afternoon, everyone if you please take your seats we appreciate it. >> good afternoon. my name is al williams i'm president of brovrnz or so board of directors of the san francisco historic and culture society. clapping. >> on behalf of another society board of directors and the members we welcome you to san francisco official kickoff of 2023 black history month. the society was founded in 1955 and moergd with the local chartered of association for the study of african-american life and history in 1958. the association for the study of african-american history
41 Views
IN COLLECTIONS
SFGTV: San Francisco Government Television Television Archive Television Archive News Search ServiceUploaded by TV Archive on