>> we'll start off, if you're able please rise so we can do the "pledge of allegiance". >> i pledge laoej ans to the flag of the united states of america and to the republic for which it tansed, one nation, under god indivisible with liberty and justice for all. >> we will begin with roll call. >> thank you, hello everyone. welcome to our april 12, 2023 meeting. we are so excited to see all the beautiful faces in the audience today. so we're going to start with taking roll and get this started. commissioner benedicto. >> present. >> commissioner yanez is joining us virtually.

commissioner yanez can you hear us? >> now, i can thank you, present. >> thank you commissioner yanez. commissioner byrne? >> here. >> commissioner byrne is here. commissioner yee. >> here. >> vice president carter oberstone? >> present. >> and president elias is here. and also from the department of police accountability, chief of staff, diana and we also from the san francisco police department, chief william scott. >> thank you, can we start with the first jaepd item please. >> yes, line item one, weekly offer presentation certificate. presentation of an officer who has gone above and beyond. and to present, we have captain martin from southern station. >> hello captain, welcome.

>> hello police commissioners, thank you for having us. chief scott, ladies and gentlemen and all distinguished members of the sfpl. nice to see you guys. thank you for allowing us to recognize a few officers for all the outstanding work that they do. i'm going to highlight one specific case but these officers on a daily basis go beyond the call of duty. this happened on march 14th at about 6:35 p.m. on treasure lie and. officers worked the switch here in southern station. they're both extremely hard working veteran officers who are respected by their peers and officers. assigned to treasure island

sector and officer times, works sector cars on the mainland in southern station. also a field training officer who regularly trains all of our new officers coming out of the academy. at the time of this incident, both officers were assigned to the respective duties, officer enson was trolling yerba buena. there was a shooting report and a vehicle description was broadcasted along with description of suspects. as the vehicle approached treasure island, there was more information that the suspect was fleeing the vehicle pulled over at the side of the bridge and they were seeing carrying handguns. officer respond today that area with the vehicle was last seen

on bay bridge as officer times and others responded from the mainland. subsequent information revealed that a shooting had not actually occured but the suspects were in fact armed with handguns. officer i objectson responded to the area where the vehicle was and figured the most likely area where the suspect could have been located hiding near a storm drain. nobody that there was a good chance that the suspects would flee this area if he tried to make an arrest, he coordinate withed officers that were a priefg from the mainland to the most likely area where the suspects would flee from the area once he moved on. after coordinating the efforts, officer moved in and like he suspected, the suspect took off running up a hillside into waiting officers that were coordinated from officer ebbson.

officer times was one of those officers that was able to take all suspects into custody without any injuries. the officers continued their investigation and retraced the steps of the suspect which lead them to the storm drain. officer times was able to locate two loaded handguns that were hidden in the storm drain. the officer also recovered the suspect vehicle which matched the vehicle of a vehicle that was involved in a separate shooting in the northern district. so because of these two officers, vigilant and quick actions, three suspects, two firearms were taken off the city streets of san francisco safely without anyone injured. this is just an exam pfl great work that these officers do on a daily basis and i thank you

for recognizing this tonight. [applause]er >> thank you, captain i think before the chief comes out to take photos, i would like to give an opportunity for either officer to give remarks. >> thank you very much. as the captain was saying this was a team effort and a lot of people responded. i'm thankful that we had officers come help and field officers that supported us. this is very unexpected but thank you very much, much appreciated. >> i just echo officer, that whole incident was really a team effort there was a lot of people involved but thank you for the recognition examine it's really appreciated. >> thank you for your service, we know that southern station is one of our busier station. so i'm sure there are other

other several incidents and calls that you have responded that deserves as much praise as this one. commissioner benedicto. >> thank you, officers it sounds like it was really excellent work. i think a couple of things i want today highlight is our second of start thising tradition and what we're seeing is the public does not always see is the variety of calls that the officers are kaultd for. whether it's a stuffed animal last year or finding guns. thank you for responding so well, when hearing the description of the incident, you know, it's always great that we can have incidents that end with no injuries to the officer and members toft public

and members. and it sounds like you acted strategically in thinking where to place that back up to prevent something from escalating out of control. that's what we want to see. i know that a big hallmark of our department's train ising our critical mind set response training and it sounds like all the tenants of that training were present in the actions you took, thank you. >> chief, commissioner yee? >> thank you very much there president elias. and to the outstanding officers that put their life at-risk every day and to the staff and membership and keeping us safe in the city. i know it was probably a difficult situation because on

the bridge, that's a no-man's land. never been out there looking for suspects. so you want to thank you all for you two officers putting your life out there and carrying, actually three of the suspects and taking out the happened guns, the handguns once fired, the bullet does not come back. it goes out to where it's meant to be. very thankful for this without any injuries and loss of life. thank you very much. >> chief?

>> line item 2, san francisco police activity lead sf pal presentation of certificates of pal members from sfpd. we have. >> thank you, members of the commission, president, director, i was expecting direct henderson and chief scott, it's an honor. i'm the acting commander of the community division. one of the programs that our unit over is the p.a.l. work withing the youth since 1959 serving thousands of participants over the years including myself. tonight we're going to honor two members, sophia woods who

participates in the cadet program who unfortunately cannot be here. and also maleki high tower who participates in our athlete activities. the core values of the pal program. we also want to congratulate the 4th and 5th grade boys for winning this year's championship and there they are as well. [applause] >> should we get them to come to the podium so we can see them on camera. >> i was going to say a few more things. >> i was giving you back up, you need your team behind you. [applause] there we go. [applause] we need you all on camera. >> before presenting the awards, i would like to acknowledge some people.

first chief scott he has been dedicated in supporting the prm. thank you, chief. also the pal board members who give their time and stay true to the mission of the program. and those that run the program on a daily basis. mike officer mike costelo and officer mike swing. these people they're the backbone of this program, activities and coaching the kids on a daily basis. at this time i'm going to introduce retired rick bruce police has been part of the board since 1997, so he has been doing this for sometime. he has mentors many kids and still coaching a flag football team. >> hello. >> thank you commander. first of all, thank you

commissioners so much for allowing our kids to come up here and be recognized. it's important to them and to us. i want today recognize chief scott also. : as already stated i've been on the board for 26 years and i can tell you that chief scott has been so supportive of this program and chief thank you so much for your support. we've got command staff members here who have been on the board of directors and i can tell you that the support provoided to us has been monumental. going to tell you a quick story you may have heard it from me but it's more relevant today. in 1959, there was a 12-year-old little boy kentucky who approached officer martin and said his bike had just been stolen. and he said he was going to go whoop the bullies and officer mark said, you cannot do that but if you come downtown, i'll

teach you how to box. that boy won 6 consecutive titles and in 1960 qualified for the olympic team and rome, we knew him at the time as cash clay and in his corner for every bought and rome was this old cop in from louie ville kentucky martin. they remain clothes friends for all of their lives and mohamed ali who stayed active until he passed away. and stayed close to officer martin until martin passed away. the reason i tell you that story, it illustrates what police can do in terms of ment organize kids.

that was one of the greatest relationship in american history and when these officers are doing here, is a continuation of that. and i can tell you that a child that gets to know a police officer as a coach and as a mentor, never looks at police officer the same way. and by the same token the officers who get to know the kids, they interact differently when they go out in the community. that's why we're here and that's why we continue to be here and we really appreciate the fact that you're recognizing these kids tonight. i would like to call up, malakie hightower. [applause] >> commissioners this is a very very old tradition that we lost somewhere along the way. if you grew up in san francisco

in the 50s and 60s you know there was a pol girls, and our first boy is malaki and being recognized for his hard work and dedication and sportsmanship. congratulations malaki. and also officer sweeny is now going to come up and introduce our basketball players. >> thank you very much for having us, it's been a pleasure coaching these kids, our fourth graders had an undefeated season and post season for the championship and then our 5th graders had a loss in the regular season to st. cecelia

and then got revenge in the playoff and knocked them off, so these kids make my job very easy and the credit goes to them and not to the coaches. congratulations again. first is up fourth grader jaidyn. [applause] fourth grader santino sorako. [applause] furth grader david hernandez. [applause] fourth grader derek mullins. [applause] fourth grader dean lee. [applause]

foughtinger grader ren schmidt. mra*ulz --[applause] fourth grader owen morales. [applause] fourth grader, reed garachi. [applause] not quite. fourth grader dario meracciti. [applause] fifth grader malaki hightower. [applause] fifth grader daniel mullins. [applause] fifth grader, wallace conway. [applause]

fifth grader, angus f a ng. [applause] fifth grader tray kestomo. [applause] fifth grader kyle heard. [applause] and last but not least, fifth grader sean heard. thank you very much for your time. >> thank you, you don't get to leave us just yet. mr. malaki high independent tower congratulations on your award. do you want to step forward and say a few words. no, okay. i also think that we should stand and mom, dads, guardians parents of these wonderful children, because without them taking them to practices and coordinating everything, i think they're a huge piece of this puzzle. so we need to turn around and say thank you to mom and dad

and guardians. give them a big round of applause. and you are now on government tv, so you can all see yourselves tomorrow on the play back. so before we get you g i'm going to turn it over to the chief to give some words and then my fellow commissioners. >> thank you, president elias and you beat me to the punch. i was going to say thank you to all the parents. we know how difficult it is to juggle and all the responsibilities, thank you for being in your lives and the lives of your young men. it's important to us and it means just as much to us as it means to you all. thank you very much. >> i just wanted to say thank

you for all the participants and congratulations on your win. it was an amazing experience, they had a wonderful time. it's absolutely free to participate for all the kids and it's an amazing program. so i want today thank the police department and the parents for showing up, i know, it's not easy. thank you kids for participating. i know you had a good time. thank you. >> thank you. >> mr. lee. >> thank you, is participated in the pal, i guess a change for me and really connect me to activities outside, you know in my community and opened up my

eyes and always had the respect for the police officers who came out and gave their time and helped the community. so again congratulations to all that are here. and the parents and your kids that are here to celebrate this day. i think we should make this a pal day. can we do that? so again, thank you again. and maybe next year, we'll see you again. thank you very much. [applause] >> commissioner byrne. >> thank you, president elias. as somebody who also participated in pal a long time when it first started, it was a great experience because they used to put the baseball box scores in the sunday paper but they never looked good after my name. but it was an honor to be in the nape. and would i like to briefly,

what schools do you go to if you can start on the left. what school? okay, what school do you go to? okay. [indiscernible] okay. >> st. anthony. >> garfield elemented re. >> marshal elementary. >> very good. >> miss school. >> miss school. >> elementary. >> st. anthony's. >> thank you. well done, well done fellows, thank you. [applause] ?*. >> and captain if you would like to come back, it's a much nicer crowd than we normally get. [laughter]

>> can you send the invitation to the commission staff and post it and let all the commissioners know and put it on our calendar. thank you all, thank you for being here. it was good to see you and i hope to see you again. [applause] >> one more photo op. can they do it in here. >> where ever you want.

>> one, two. one, two, three.

>> thank you guys. bye. >> bye. >> if you would like to make public comment, regarding line item 2, please approach the podium. >> thank you. >> you can stick around for the rest of the report, we usually get out by 9:00 or 10:00 but i'll make it early tonight. >> thank you. >> and president elias, it looks like there is no public comment. >> great next item, please. >> clerk: line item 3, pardon me, before i introduce the next line item i need to make an announcement.

line item 10, regarding d g.o. 7.03 has been pulled and rescheduled at a later time. next line item is 3, general public comment. the public is now welcomed to address the commission on items that do not appear on the agenda but within the jurisdiction of the commission. speakers shall address their remarks to the commission as a whole and not to individual commissioners or department or dpa personnel. under police department, commissioners or police department are not required to respond but may provide a brief response. individuals commissioners and police and dpa personnel should reframe from entering into any debate or discussion with speakers during public comment. if you would like to make public comment, please approach the podium.

>> speaker: hello, i would like to use the overhead. this is my son, aubrey. he was murdered, his birthday just passed, april 6th. i was up at the gravesite putting flowers at the grave and looking at the temporary headstone. i see all of these kids here, sxifs thinking about my little boy when he played. my grandchildren go to new tradition. my son played basketball for the rebels at the boys and girls club. so when i see these young men

that are here, i know the parents that are here too for the one the one that won the big reward they go to my church. but just to see this brings back memories for me. i only not only fight for my son, there is other homicides case that's are not solved. this is me standing over my son, this is what they left me with to remember. i still need justice for my child, findings other way to see solve these unsolved homicides. this is my son's face. after the autopsy, decaying on the table, this is what they left me with and if i don't talk about it and let you see

it, you'll know how i feel. i feel for those young children that were here too, i hope nothing happens to them. protect them, protect those young kids. we never know. just like that. >> the jux deposition of those, is hard to follow. we heard a 55 presentation from one of the commissioners on a three commissioner meeting with command staff in order to hear command staffs quote views and concerns on certain issues around police commission. commissioner carter oberstone

reported that there were different views, but we were not told what the views are, of the three commissioners who attended that session and the four who did not and the views of the committee staff. as disturbing as that is, in terms of lack of transparency was the declaration by carter oberstone that point agreement was never the point. which is the locust of drug market. but i see nothing in the city charter, that commands such a duelistic approach. should we not narrow the differences rather than declaring them ir reconcilable. they noted the different views on the commission's role in our system of governorance. but the end this commission's

role in discipline is not clear what that role is. section 1.4022 requires a current statement of purpose which i do not see on the website of this commission. that's statement of purpose calls for outlining jurisdiction, authority, purpose and goals which is seems to me in this context of what i just covered is entire three appropriate and necessary. this illustrates in purpose of transparency on the statements and positions of these commissioners [lost audio] >> thank you, sir. thank you. >> commission thank you for giving me this opportunity to speak. this is like the fourth or city

meeting that i've attended so i'm taking every opportunity to speak to bring some of my childrens, i live in the corner not too far from here about 4 blocks and there is traffic there 24 hours a day 7 days a week. year after year and these are big cars, i don't know if they have modified engines or what kind of vehicles they are. but they're passing by there pretty fast and some are missing stop signs, they're very loud and vibrating the floors and i think this is something that is going on in the corner that is happening anywhere in the city and they may be targeting me personally for whatever purpose, i'm not sure but i'll be really like happy if we got down to the bottom of it. this is 13 years later. first year it happened, second

year, third and tenth year you're saying maybe i'm a really important word and i can save the world but this is 2023 and it still goes on. i don't understand why? they say something we want to give you, some day we're making sure that we kept it alive until we were able to use you. are they up in the sky? are they up in the moon, so you guys. this is the police commission, this is a very serious body. you see what is going on, it's no secret. that's all i have for now. thank you very much for your time, okay. >> i believe that concludes

public comment. >> next item please. >> line item number 4, consent calendar receive and file action. police commission report of disciplinary action first quarter 2023, quarter report through the commission regarding status and results of disciplinary matters heard before the commission. >> motion received and filed. >> can i get a second. >> i'll second it. >> if you would like to make public comment regarding line item 4, please step to the podium. >> president elias, there is no public comment. >> thank you, next item. >> line item 5, chief's reporttioner discussion weekly crime trends and public safety concerns providing an overview of offenses, incidents or events occurring in san francisco having an impact on public safety.

commission discussion on unplanned events and activities achieved describes will be limited whether to calendar for a future meeting. chief scott. >> thank you, sergeant reynolds. and commissioners and oberstone. we are 0% change for shooting victims. so that is the better news to report in the weeks past and hopefully we can keep going in that direction. in terms of the significant and property crimes, one of the significant note, although with 3% up and total in violent crimes and 11 percent down can property crimes which is driving a 10% reduction in our total part 1 crimes. as far as the incidents for

this week to report, i reported on the 400 block of main street last week but it actually happened in this reporting period, and that was the homicide of mr. robert lee. still working tirelessly on that case and as significant developments arise, we will, we're not prepared to say anything at this point because there is a lot of moving parts in this investigation but we'll make any appropriate announcements and progress on this case if and when it happens. there was also the prior week of homicide and tenderloin that i talked about last week and that investigation is on going as well as well as any of the unsolvedle for 2023. we have a total of 13 homicides year to date and our clearance rate is 85% for our homicides. there were three shootings to report this reporting period.

the first one was on the 100 block that happened on april 5th a the 6:30-7 p.m., the victim was outside of his house. the victim went inside and his mother called 9-1-1. a witness who was a relative of the victim thought we were point ball rounds. the victim and his associates were outside shooting paint balls when this incident was occured. information was developed making two suspects and detained about nine minutes later. further investigation is being conducted on the two suspects who were detained and we will make progress made when it's resolved. at april 8th, at 2:24 am, two victims were walking to the store when they heard one shot. one victim realized that she was shot and called 9-1-1. the second victim was not injured.

four additional victims were asleep at home when the shooting occured. the victim three was injured from debris falling into her face. another three victims were not injured. that investigation is still on going. the third shooting was in the 500 block of mace ob in the central district. this happened on april 8th at 455 am, the victim was walking these when they punished and shoot him. when the victim tried to defend him, they took out a gun and shot him. the victim was transported and was list inside serious continue but is expected to survive at this time. there was video footage showing the incident and the suspect and that, information is being followed up on at this time, there are no arrests.

notable residential burglary occured in the 600 block of on april 59ing, officers were dispatched to a burglary incident found that a subject was being held down by several people. the victim advised when he returned home he found the subject inside his home put ing a property inside a backpack. the resident left the backpack behind. several people came to the aid of the victim. determined that the individual was a suspect who had entered the victim's resident and of another hot prowler that occured and an arrest was made in that case. there was also an arrest, robbery with a gun and a knife, this occured on april third at 5:30 p.m. at could i tower. the victim a visiting tourist

was a court tower. the victim was not sure if the gun was real at which time the subject produced a knife. responding officers saw running away. the victim later positively ided the subject. the subject later identified by china town as a person who had committed at least one robbery in the china town area during the last year. and this individual was arrested for both of those incidents. an assault with a dead' weapon occured on april 5th at 7:05 p.m. laguna and lumbar, northern officers responded to the area of lumbar and laguna regarding an assault with a deadly weapon. matched the description given by dispatch. also located the victim who was suffering from multiple facial injuries. the victim was transported to

the hospital and treated for non life threatening injuries. and the investigation revealed that the victim lived in the area and the subject frequently sleeps unhoused and sleeps in front of the victim's house. the subject was placed under arrest for a assault with a deadly weapon. and charged by the district attorney for as well as aggravated battery with serious bod reinjury. and pretrial has been in this case. this case got interest from the press. and reported that the suspect in this case had been arrested. there were a few incidents that occured over the weekend, one occured at 2:30 am on april 8th where officers respond today two separate reports of stunt driving and the 7th district

and then at 4th and nelson rising lane. officers assembled and both events were disbursed. at the fourth reports about people being injured and videos posted online depicting the incident. however we were not able to locate any victim and nor were there any medical calls. so if anyone has any information you can please call us at 415-575-4444 and you may remain anonymous. on that same night, on the 3000 block of 13th district, officers were dispatched to a shot spoter activation, active show with about 75 to 100 vehicles and approximately 150 spectator. several vehicles were performing dangerous

exhibitions of stunt driving in the intersection and exhibitions of speed. spectators were setting off fireworks. officers established a plan and gathering at the appropriate resource, the event was disburses. officers searched the area with negative results. and i would like to add on these types of events, we do follow-up and just recently we've gotten four court orders on follow-up on these types of events. so just to the public, you may getaway with it or think you got away but we're following up on this and any evidence that we can get to identify the drivers and dangerous activity, we will follow-up and seek to take action including seizure of your vehicle. tenderloin efforts, last thing

to report, officers seized 30,000 grams of fent ral which is a 141 percent increase over last year. 9 total arrest for the year in the tenderloin is 231 for possession of sale. early last year, we had 556 so we're on pace in the first 3 months of the year to exceed the rest of the year numbers. and that includes my report for the week. >> go ahead. >> okay. >> thank you, thank you very much, chief for i guess doing an enforcement on the drug sales of fentanyl in the tenderloin. great to see that maybe it's

going down, i do see a better situation, i do see your officers out there. it's a tough battle, talking about the shooting on main street i went by there and that's one of the highest tech areas that i know, it's called digital service, i think. i don't want to say anymore than that, i know there are plenty of cameras out there and i hope to everybody that has been asking that we give our police department, the time to make sure that they have the time to solve the case, it's not going to be done like within the day or two, it's going to take some police work, i know. but looking forward and having a resolve on that. so congratulations on i guess, we're from last week to this

week drop filing crimes and property crimes. i think we're headed in the right direction. thank you chief. >> thank you, commissioner. >> thank you, president he lie as. --elias. >> was the san francisco police aware of any problem in the store prior to its closure? >> yes, we were and actually had several meetings and strategic, for a better way to put this planning sessions with the whole food manager including some of their corporate executives. as a result, we actually put details and ran operations in the store to curve some of the

shoplifting. although, there was a report that things were getting somewhat better, the management or executives decide today shut down the store. so we will continue when that store reopens, hopefully it will to work with whole foods. and that strategy is a change from the past, it's a pretty aggressive strategy and we had not done that in the past and we did do it in this situation because it got use today that point. >> and chief, do you wish to make any comments on the in store security. >> working with the whole foods, what we hope to see is the collaboration private security and the officers. that's the best remedy to curve some of this type of active at this time. for instance, stores are responsible for what happens within four walls. and even including ten b for officers, they work at the

direction of the store. so we are definitely asking for cooperation in that area where they design arrest because we cannot be in every store but we'll work with them and we're asking for, you know, more from that end as well. >> yeah, it's obvious that that type of big box store in an area around the tenderloin is important to economic health of all san franciscans. >> it is. >> and the second issue, the homicide up and rincon hill, do you wish to make any comment as to how the investigation is proceeding there? as you you're aware whatever reason that that particular incident has spread all over the world? >> it has gotten a tremendous amount of attention and our investigators are working really really hard on this case as they do with all cases.

we're making progress, there is a lot of information out there. when cases get this type of attention, of course, you get people calling in and making their opinions about what happened so we have to sort through that. but our investigators are working hard on this case as well as the others. but i know that this one is a high public interest. >> thank you. >> commissioner benedicto. >> thank you, chief, a couple of questions. so on the homicide investigation on going, so there is nothing new to report, is that correct? >> yes, at this time. >> and i'll repeat what last week, urging members to reframe from speculating and allowing the investigators to do their work and soon we'll be updated in due course. and the other homicide of jermaine reeves who is there an update? >> same thing, the

investigators are working on that, they're working on the crews. really give response time. let them do their jobs and we're hoping that we yield positive results from all of our homicides. ?fm i think it serves as a reminder that mr. lee's shooting has gotten a lot of investigation.

>> i know the department is following out the training and forms for surveillance initiative. do you have an update as to ?r. we have rolled it and some of the busy area has been trained and we will report on, they have to do an operation order before they use this technology. the commission heard the presentation in february, training was last month so we're about to roll some of roll some of these out. >> thank you, chief. >> chief, on what commissioner

benedicter said, have you the live monitoring? >> the training is what the officers have been trained on. so what they presented to the commission. >> and will you be post ing for the monitoring? >> we have not issued the bureau yet, we have done the training, yes i'm sorry. the package that misty presented that is part of what the officers, and i do believe that it was in the package but yes, i mean that is going to be public comment because we have to report on it. >> okay. >> i think it will be helpful for the website. vice president carter oberstone. >> thank you chief for the report. just one question from me. there was an article on the sf

standard today about police officer who posted on twitter that he had made an arrest in light of an outstanding warrant and noted that the person he arrested had previously spoken badly of his mother. in the course of that article, a member frin tern al commented on the officer was under investigation. and i wondered if you can clarify for the department how it relates to which publicize that a officer is under investigation for a specific event, specifically misconduct. >> normally, our internal affairs investigators do not come in on the case that

they're investigating. there are times that we have a interest. and sometimes there is an officer's name attached to that. in those cases, you want the it was that it either a dpa has been conducted but no, the investigators don't normally comment on that. so definitely, looking into why we think we understand why, but we need to address that. >> oh i see, so when you say you need to address that, i guess maybe i should ask going forward, do you think that the department will continue this practice when there is a case of interest or not? >> no, and it's not a practice that you have, it's not a practice that normally happens, if there is an investigation, we cannot come in on it. we cannot confirm if it's an

item of interest. we had items of interest in this forum before, we can confirm that an investigation has been initialed. but in terms of calling out individual investigation that's is not the practice. >> anybody in the practice disclose any other facts such as the ultimate conclusion of eid or any other details aside from what is on going? >> no, i mean, no. those are personal records that we cannot give details on. >> thank you, chief. >> sergeant? >> if you would like to make public comment regarding line item 5, please approach the podium. >> yes, ms. brown again, i just want to bring acknowledgment to my son that if anybody knows of his murder his case number is

6060862038. i just wanted like i said i mentioned last time, my son's birthday was april 6th, i sung happy birthday to a headstone, a headstone i sang happy birthday to, even though i know his spirit heard me. but i want you to know about the five stages of grief because i still go through it, anger, anger, sometimes i get angry at myself because i had to go through this every week. denial, i'm willing to do anything to bring my son back. of finding a way to solve this case, whatever i have to do, denial is not believing that he's gone. i'm still in denial, that is true that this is happening.

bargaining, i'm willing to do anything. acceptance, i had to accept that i lost my family, his father, when my son was murdered. it broke up my family. so i'm here by myself. depression, once again, i get depressed and i go anger to depression, sadness. i go from sadness to anger. guilt, i feel guilty that i should have been there to hold my son and tell him hold on baby, mama is here, don't die, don't die. and shock, i'm still in shock. those are 7 stages of grief, and i still go through them.

if you would like to make an anonymous tip beinger please call 45-575-4444. president elias that concludes public comment. >> thank you, next line. >> line number 6, dpa report, discussion on resent activities and announcements, discussion will be limited whether to calendar any of the issues raised for future commission meetings. chief of staff, director rosenstein. >> good evening, president, vice president, members of the commission chief scott and members of the public, my name is diana rosestein and i'm here on behalf of paul henderson and i'll give you a little bit of a run down of what dpa has been

up in the last week. based on the numbers comparable to 2022, the number of cases that we opened this past, up to today, the number of cases is up. in 2022, we opened 184 up to this point, right now, we're at 206 cases closed. same 184 in 2022, 2010 this time this year. we have roughly the same number of cases pending, 276 last year, 277 this year. our sustained numbers are up, we had sustained ten cases this year, we sustained 16.

we mediated 10 cases. and of the 18 are told. currently we have 7 cases pending with the commission and 91 pending with the chief. with respect to the cases that we have received this past week, the weekly trends with respect to allegations and again this is allegations only, 32% of the allegations were that the officer failed to proper investigate. 13% that the officers took required action and tied for third place was the officer knowingly engaged in policing and officer spoke inappropriately, 8%, it's 8% respectively for each category. there are no new updates for our audit department. i believe that there will be some additional information coming out next week from our

audit department in terms of out reach on march 23, dpa appeared on both sides of the 'eming occasion thursday show. it is a san francisco nonprofit created to provide resources through affective conversations to empower the black and brown communities. our very own teneta thompson dave a presentation and asked answers about dpa's role. we have nothing in closed session and we do have our director of policy jenel in the audience, she will be presenting a sparks report which is number 8. and we have matt stieber for any questions that may come up from the audience. finally, if would you like to make a complaint or discuss any of the items with members of

our staff. you can reach us and our website that post all of the statistics that we talked about as well as additional information, sfgov.org. and that concludes my report, and i'll have other comments with other agenda items as they come up. >> thank you, rosenstein. i don't see anybody on the queue, sergeant. >> if you would like to make public comment online item number 6, please approach the podium. no public comment. >> next item. >> line item 7, commission reports and discussion and possible action. it will be limited to a brief announcements and discussion will be limited whether to calendar any of the issues

raised for future commission meeting. commission president's report, commissioners report, commission announcements and scheduling of items identified for consideration at future commission meetings. >> seeing none, commissioner benedicto. >> thank you, president elias. just a come of things to report, we had our discussion for 10.11 which concerns the department's policy on body worn cameras, it was a productive session. it was nice to see a mix of working members as well as some more experienced and returning group members that will continue. also, on monday the 10th, i was at baby station to attend the remembrance annual remembrance for isaac spi no sa who was

killed in the line of duty, 19 years ago. i saw the chief there, it was really moving things to attend, it's been 19 years since officer espinoza was killed and the turn out, retired officers and friends and family who traveled in some cases from other states and make this trip every year to commemorate and honor officer espinoza, his daughter who was quite young when he was killed is now an adult and traveling the world and honoring his memory. and it's, the case i think that for the officer and his beat, honor his memory by the moving stories and his memory was honored and the academy has an

award in the name of officer he espinoza and many carry on his legacy as well. that's all for me. >> thank you. commissioner byrne? >> thank you, thank you, president elias. as regards one of the d g.o.s that i was assigned, 1528, that is being sent, i would like to thank ms. indicatewood about for updating me about what is going on. i would also like to reiterate my request to the commission as regards, are there any other other committees of three going on that other commissioners are not aware of and if so, who is on the committees and what is the purpose of the committee? i put in a request to agendize the item because i think it's

important for transparency and openness that the public and the other commissioners be aware of what is going on. thank you. >> commissioner yee? >> thank you very much, madam chair. this report on the d g.o.s that is coming through. today we had 7.03, i asked it be moved to the following week or the week after, i just want to touch basis with haywood and thank you very much for all of your hard work. we also have 2.02 as alcohol alcohol used by members and 2.3 due to come out soon. what i would like to also take a look at is 6.14, psychological evaluation of

adults where we have a lost issues here in the city, i want to make sure that it's addressed and making sure that we don't go back to a second time. also i talked to captain tumer in regards to vehicle accidents, 9.02 and 04 seat belt policy. so those are due to come out in the near future. so also i've been invited to stop crime san francisco. that is happening tomorrow at mira loma park clubhouse. i'll be dropping by briefly and hearing their discussion. that's all i have to report, madam chair. >> thank you for your updates, you've been really busy. commissioner yanez. >> thank you, president elias,

good evening, chief and acting director and those esteemed and community at large. i'll be brief with my report, we postponed the joint presentation with the juvenile probation commission to may 10th as a result of some of the logitic al challenges that we encountered but all the speakers online and on board for next month, i'm happy that that is moving forward. i also wanted to make sure that i announced that i will away out of the country for the next three weeks so i will not be in the meeting next week and in may. i wanted to be transparent around that. i did want to agendize for future meeting, there was suppose to be an update on the community policing plan

presentation that we have not necessarily agendized yet. but it is you know, time to get into the meat of those community policing plans and see how i can improve input and obtain more community feedback if possible. and i did want to follow-up with an item regarding one of the d g.o.s that i'm overseeing, the social media d g.o., there was i had a conversation with the chief i reached out to ask after it was brought to mia tension earlier in the month, that apparently a department bureau order was issued on the investigated use of social media accounts. i checked in with the chief and we had a conversation about how we got to this point despite the fact that i had, you know,

publicly and via email and had the matter reiterated through dpa jenel had reached out to clarify the reason why we wanted to include investigations in the social media revision process. and i, i unfortunately found out that without necessary being included in the feedback process, the department of bureau ordered provided construction on investigated use of social media was released, i believe in on the 6th of last week and i received a copy later on in the week. so chief, i really want a little bit more clarification about not necessarily the reason why this was expedited

because you were clear with me that there was a need to put something in place as as a result of there not being any guidance around investigative use, investigative social media for investigative purposes. and you, informed me that there had been a process with the public defender's office who submitted a letter before today's meeting raising this issue of the people that was provided by the public defender's office not necessarily being reflected in the department bureau order and specifically with language around how vague the definition of when the department officers can open, open, you know, investigative accounts under

the quote unquote, legitimate investigation purposes without necessarily including language that guides the department officers having around some probably suspicious and cause. so is would like to understand a little bit bert, i mean, is know that it's going to be hard for the commissioners to chime in without seeing the department of order, so i will want to agendize this because it merits a conversation and everything in the commission to raise the questions in order to improve the direction. i would like to get the chief's comments if you're able to provide some clarity around why the order is so vague in certain areas. there are other issues with the

way you know, there is almost an allowance for people without any procedure, without any authorization open, used their own accounts in private to use this. and to, you know, tain information for potential, you know, community members without their knowledge and issue that was brought to your attention from the public defend's office was there appears to be a cyber stocking of young people. and yet, some of these things are very few of these things are reflected in the bureau order. so today i want to agendize that chief, i would like to get your comment on the vague language and if you can help understand what the intention of legitimate law enforcement

investigation is and how we can improve the current instruction that is being provided gifnt social media continues to be a challenge. >> sure, thank you commissioner. i'll be brief because i know this is not agendized yet. but we did have a number of meetings with the public defenders, there was some things that were entities but some things that were not. bottom line, is we didn't have any standing policies on the use of social media for investigative purposes and we need to have some guidance for that investigative tool. and quickly in terms of, just for the general public how these investigations are conducted. often times we have seen on social media, things that tend to escalate into violences, shootings and murders and that

type of thing, and yes, we follow those accounts and yes we should follow those accounts in my opinion. so we need some guidance on how we do that. the department is definitely open and willing and actually recommends that this is into a d g.o., but we don't have anything in place right now and we're continually doing work that we need some guidance on. so the department does have the ability to initial bureau orders, particularly when there is no policy in place to begin with. but i want to be clear on a couple of things. and one, we are all in on a d g.o. process, i would strongly suggest that we separate social media between the personal use of social media, they are totally two different things and they need to stay separate. i know this has not been agendized i look forward to having this on the agenda.

we have on an issue where there is no policy in place. and given what we saw with, you know, the things that are happening around the country in policing, we have been working on this for a while and it's been dragging and dragging and we need to get something out and that's what we did. >> i'm going to. >> one other questions i have is since this had been in the works and it has been publicly requested that we include this in the social media work groups, there were many opportunities to share the existing document which find needs a lot of improvement. and yet that wasn't shared at any point. are you open to us looking at

the existing department bureau order in the interim and generating feedback so we can have a action item to modify the exist ing document before having to wait for social media group as it has been postponed. >> commissioner, we follow d g.o. 3.1, we gave dpa notice. hoping that there would be some feedback on the actual policy not on the process. again when this actually gets to the d g.o. development process, we have a framework to start the process with.

some of the things that we did not agree on which is several will be in the process. so we folt policy making process. i understand your question but the one thing i want to make clear is we need things in place to make sure that people have guidance. and the dgo process, i welcomer it and i hope that we separate because there are two very separate things but we did follow the process as far as 3.1. >> in order to briefly, i think this is going to be raised in another agenda item with respect to the sparks report so we can plush that out a little bit more on there. commissioner yanez any other comments or questions, i think this probably more suited for the other agenda items regarding the sparks report which has the item listed in the actual report.

>> i will then save my next questions for when we do get to that item because, there is something really really concerning around the lack of clarity with this document that was released. i'll save my questions for later, thank you. >> thank you. commissioner benedicto. >> one thing i wanted to add, with commissioner yanez reminded me, that after the excellent presentation. we're work oning a updated resolution that will reiterate our continued support so that should be in the works and before and before us. >> thank you. sergeant? >> if you would like to make a public comment online item 7 commissioner reports, please approach the podium.

>> speaker: paul, i understand that the chair can appoint advisory committees but i don't understand why there seems to be some secrecy about identifying any other three commissioner committees and it seems to be that ought to be disclosed consistent with that as i observe previously section 4.102 subsection 2, requires all commission to have annual statement of purpose outlining its areas of jurisdiction authorities and purpose and goals subject to review approval. i've been unable to find that on the website and i've inquired of staff and they have not been able to identify it either.

and my question, i would notice is there such a document. if there isn't, it should be developed with public incut but i apologize if it's there and i was not able to locate it. thank you. >> president elias, that concludes public comment. line item 8, sparks report, 2023 discussion. report on policy under consideration, sfpd and dpa, presenting today we have captain tumer and sergeant terrell. >> hello. thank you very much. good evening, president elias, vice president carter

oberstone, commissioners, chief scott, the chief council, sorry, chief of staff rosen stein, i apologize and general public. we would like to talk about the first quarter of sparks report. our report has been submitted but i would like to highlight a few things that may show up in that report. just to let you know, our current work flow we're processing 48d g.o.s at this time. they are nine d g.o.s in the common portal, three currently posted. there is another one that is going to post on april 21. there are there are two that is coming up for some consequence and i know 9.01 was especially of interest and that is going

to go on april 21st along with 9.03. we have 12dgos in meet and confer. there are six that have gone to meet and confer and five that are still there from quarter four and one will be reported out in quarter two in the next sparks report. so that's a total of 12, also two that are upcoming for meet and confer, 703 was postponed but 602 also to be scheduled to meet and confer. our working groups are as commissioner benedicto said, still on going. and the next is for the review of the draft with city attorney and then we go to multous consequentcurrent.

dbs, we have two dbs that we want to highlight, stop data collection update that will be reissued as the department notice. and db21079 which is the east station incorporation that will be incorporated into dg0 traffic collision and that is up for public comment on may 5th. that is the things that i want to highlight. i will gladly answer any questions. >> how many bills are active? you said nine are in public. two are waiting for concern and engaged 12 in meet and confer.

that also applies to public comment >> yes. >> how many active, [mic off] >> speaker: yes, we're processing those through our through our system. 11 through our operations bureau, 13 from the chief of staff, 12 from strategic management and 9 from bureau that are actively being worked

on and some kind of form or fashion. is it revision process. >> now, is there a group and there are no other working groups on horizon. >> 10.11. >> yes. but that you're right. >> they had their first meeting in april. >> in april, okay. and then how many department, -- ~>> no i think in the report we listed 7. >> and how many department notice. >> so the department bulletins have, you should be aware that

department bulletin are phasing out and moving on to notices. the department that i'm addressing are being incorporated to department notices. department bulletin will not be an issue. guess this is 7 that i'm referring to. there is 7 for quarter one, 7 that fall into quarter one. >> yes, i believe so. >> do you any department of

these issues--[indiscernible] [speaking away from mic] cod you really tried to create a system, and not department notices. so that we could have a better idea. >> okay. >> chief. >> thank you

>> if they need to be reissued, they will be reissued as notices but we started the practice even before the 3.21, we regularly did that. so any of the old bulletin this amended, we hope to roll them into the d g.o. process depending on where they fit. >> i just realizes because that was old terminology the new terminology is called

operations order which i don't think even exist but i think he meant bureau order. so in addition to the department notices and bulletins can you tell us how many bureau orders have been issued each quarter? i'm assuming that these bureau orders that were issued for the, for use of social media and the plainclothes those will be a accounted for next quarter. >> yes, and if i can clarify, the new orders are not new, they have been around for a long time. >> i know that, but that's a new vehicle that you're using to disseminate for the department. >> yes, but i want to clarify bureau orders are not being use today circumvent, i know there is differences of opinion but that's a conversation that i would like to have. >> good

>> okay, any other questions? >> any questions for captain tumer? >> it's rosenstein i didn't see your name. >> i just had a quick question about the department, will it be department issuance department notice do we have a date when that will happen? na is an extremely important department notice. we agree with you, it is it's what gives officers the vehicle and the information to fill the cal riper report. i see the expiration is the 7th so i was wondering when that will happen.

>> i don't know the exact date but it is coming. >> okay, thank you. >> there wouldn't be a gap. >> it expired on april 7th. >> right so we have no interim mechanism? >> right now, no. >> can we get an et a? >> yes, we'll get an et a and we can actually put it in my report next week as well. >> i thought we created a tickler system where we don't have situations that expired. >> we do have a system we are backed up on some things but we have a system. >> okay, vice president carter oberstone. >> just a comment, i want to reiterate what i said last time that the unit reported, which i

really appreciate the format of the new report. it's just an enormous improvement over the prior format and i think sxwruft just gives an us an opportunity to see where the d g.o. is in the process and allows the public to see where the things are. just wanted to acknowledge the transparency, thanks. >> thank you, captain. >> good evening, president and

vice president carter oberstone and commissioners. i'm happy to be here to report on dpa's 2023, policy work. next slide please. just a brief overview, dpa participated in a order to the department's policy on juvenile detention. we made 39 policy recommendations on 8 existing general orders. we addressed a very concerning trend to issue bureau orders as a work around to the general order development process. it's been a busy first quarter. next slide, tpa's chief of staff, we participated in the working group to revise order 7.01 on juvenile detention

arrests and interrogations. it's been a policy that has been in the works since 2020, it's been a lot of legal updates since that time. dpa would like to thank the district attorney office, the sf public defenders, the bar association, the juvenile probation department and park for engaging in the process. we really appreciate it, next slide. as i mentioned before, dpa research and provided 29 recommendations oning 8 general orders. the primarily focus this quarter was on the plainclothes dgo. so just a background on 2020, dpo recommended that non uniform officers mount body worn cameras but we did update a recommendation in our 2023.

we tlaemd undercover and clothes officers wear a camera or covert camera during operations. now we understand that in some circumstances wearing a camera is too come behr son to work with operations but with modern technology, using covert or concealed camera or camera on your eyeglasses or even poll cameras. we also recommended, we understand that there might be a need to deviate from this policy but in those instances, the superintendent should document and articulate in a plan why they need to deviate from a camera requirement. next slide. this quarter as a work around to the general development process.

as background in 2016, the united states department of justice in its assessment in sfpd said that the department should not issue department bulletin because dbs were not transparent and contrary to the police commission authority. now as captain mentioned, the department is using a series of identical orders to make policy that cover all operation sxhz this is important because general orders require public input and publicly posted and require dp a input and commissioner approval with bureau orders are prom gated in cigarette. and bureau--secret. and they're to address issues with one bureau. so if the department is issuing a number of orders it should be done in a transparent fashion

under 3.01 with public incut and approval. the lack of transparency is contrary to obama 21st century principles and cuts off community input. the department needs to expedite a policy it can do so under 30 days. so the amount of time that some of these bureau orders have been in the works, the department could have prom gated a general order. we also recommend that all bureau orders immediately be published on the sfpd website. next slide please. as we used before, there are backlog of cases, disciplinary cases, pending chief's hearing. now if chief hearing occurs when a police officer wants to discipline for ten days or less, this issue was brought to dpa's attention by our

excellent auditor steve flaherty, the 91 cases pending with the chief and now there are 47 cases and 65 offers awaiting a chief's hearing. in order to fix this problem, we recommended a dgo2.07 policy that lays out the disciplinary process for sworn members, be amend today one require a chief's hearing to be held in 80 days, from the date the notice of appeal is filed, that the hearing officer issue a decision in 90 days or less and that only good cause continuance be granted and generally limited to one per side. we hope to get it to the commission soon but we hope that some of policy recommendation will address the backlog.

i did want to reiterate something, we have two policies up for public comment and we would love to hear from the officers doing the work and from the community, children of arrested parents that for public comment on the sfpd website, the flip for policy, that's up for public comment. we would love to hear from officers doing the work as well as the public, public defenders. the response that is more applicable to officers rather than the public but we would like to hear from the 13th to see if they if the policy works for them. and also the department's sparks reports, they leave off the dp a parole.

the commission ordered that we begin the policy development process we're kind of stalled. and now now d g.o. 5.08, i think it's not okay to leave it off the reports entirely, it's still underdevelopment. so i would ask that that be included and not fall off the department radar or commission. thank you, that's all i have. >> thank you for your report. i did have a couple of questions. regarding this, it's going to be directed to dpa and the chief. i'm confused chief because for example, on 501 and if you can remind me of the dates again,

either captain or ms. kaywood, that was last revised back in. >> 501. >> i'm sorry, 508. >> it's been a while. >> captain tumer, do you have that? i'm also going to ask when the with respect to the social media d g.o., i don't believe there has been one in place, meaning not a d g.o. to revise. >> there is a one of personal media which is d g.o. 2.9. for a ruple of years, they have been working on social media.

other departments include their social media as a tool. but there is no policy for social media? >> correct. and miz question for that, there is no d g.o. that is in, that is currently drapted addressing that situation but the department has been using social media to investigate for several years now. and i would say, what would you say, the last maybe nine or ten years? or even more than that, is that fair to say? >> that's fair to say and 1996 is your answer. >> thank you. i'll get back to that one. using social media, it's been a method that has been used for a

decade. how many department notices or bulletin orders have been issued pertain to go that issue? using social media by the department other than the one that was just released? >> none that i know of. >> why would, you started working on the d g.o. when? when did that start? >> 2020. >> okay, so if started in 2020 and you've been working on it this long and this form of investigation has been used for more than a decade or a decade, why would the need for bureau order happen now? versus the fact that it's been ten years, two years in the making. and i'll be very blunt, the reason i'm asking is because, you know, we really worked hard in 301 to harness every

department every mechanism that is used to create policy for the department and really put it into the d g.o. process. as you know, the doj recommended that the department, bulletin needed to become extinct because they aren't transparent in terms of showing the public what is happening or showing the police commission what is happening in termds of policy making within the department. so we've assigned d g.o.s, commissioners have been involved in the process. so i'm trying to understand why the department would use another vehicle to sort of make changes when we're aiming to have the policy changing

process through d g.o. 3.1. >> we need to manage the risk, not to confront the issue, but the plainclothes, the now is plural, started i think that same year, 2020. and even with that this, i know dpa waited on that and the order that was issued. there was not consistent so the bureau orders, we are not trying to circumvent but it does not negate the fact that we're seeing issues that right now. you can say yeah, maybe 30 days, we're already stacked up with general orders. we have 12 sitting in

concurrence, it still has its problems and these things are not turning around overnight. we need to do this now. we want to be part of that as well. and there is some transparency just like the plainclothes is being road in the 5.8, if the commission wants to change it, we're fine with that. but operational issues that we know are issues, and dragging and dragging, we need to get it going. and i'll say one other thing, with that. in 2017, we recognized that we

needed a policy and that policy has not been done. these policies are not turning around overnight like we envisioned but the risk is still out there. and as i read 3.01, the department has the ability, as long as we're not amending a dgo to issue orders that impact operations, that's what we're doing. we love to go that end to have the further discussion with all the input that we intend to get or will get on this policy. this incident made us look at our units and created a heightened sense of urgency in terms of we cannot wait for a year of something that we know is problematic. right now that d g.o. does not exist. to me, ipg it's, a form of

destruction to instruct the department to put something in place as that dgo is in place. we're trying to do good at what we do. >> is agree, and i guess my concern is two-fold, because as indicated, the department is stretched thin, resources are thin, we're get a lot of continuances on the deadlines for these dgos because the staff is trying to manage and get these in line. so one of my concerns is wouldn't it be more strud enter for the staff to get these d g.o.s developed rather than outside bureau order that addresses things that will be rolled into dgo and use the efforts for that. and the reason i ask that, i'll talk about 5.08 plainclothes

but i want us to keep on social media. here in this situation, you have a policy that the department has used for a decade. and we finally within the last three years in the process of creating a dgo on this, while i understand your argument that there are some things that need immediate attention, it would seem that when time lapses, and the need to have it on paper, seems very long. i don't think there is a urgency there in terms of getting out a bureau order. policy right. >> well, yeah, i mean i respectfully disagree with that. it's for the work, the policy,

was we have, worked on this policy for several years. so it didn't take a lot of people to finish up the wofrjt the meetings with the public defender's office and research that was done. all of that had been done. but the other thing is, as we saw issues and it's really hard to have people do the things that we need them to do when we don't have anything in place. ?ment so were there immediate issues that arose as an investigateory rule? >> there were rules, the

process itself you know, the ability of officers to do it without any policy in place. >> those are things that don't seem like immediate, if they existed since the use of this tool, meaning the lack of having process and procedure. those are things that yeah, they need to be fixed but i'm trying to see what the emergency is to have it now all of a sudden, versus the fact that, you've had time to do this and as the department and commissioner and stakeholders are trying to move this forward i'm sure you can see from that point it looks problematic, right? >> no, i don't see that. i've been tracking these projects and i check in, what do we need to do to finish this policy?

and understanding that this will roll into a d g.o. working group and all the things that they require for this particular policy. but really not anything else to do in terms of a bureau order to stop the bureau order to be put in place. i hope that you can see, i'm not saying that you know, the people that we met at the public defender's office, agreed with everything, we disagreed then. we did the research we it everything. what is the holdup? other than the d g.o. process which will happen. we're not trying to circumvent,

that will happen. >> so if you're not going to circumvent the process, and commit today transparency? >> yes. >> it would not be a problem to start posting on the website or providing them to the commission so we can post them on our website so we have more transparency and if you're issuing these orders and notices that the public is aware as well as the commissioners as to what is happening. >> this is what we're doing, and this commission has been good holding us accountable, we're trying to hold it. it's not being a applied evenly, we're trying to follow the policy as it reads. we're starting to add things that we're not required to do.

we should formalize that process, that we need to work out. >> definitely, and we're open to that conversation and you and i have had that conversation. and in the interim until we fix t it would be i good practice to have the bureau orders to be published on the police commission so if you can have them over and that way commissioners and the public know, what is being issued. >> i think that will help. >> yes, and just to be clear, the commission is directing the department to publish the bureau orders on the website which i don't have a problem with. but what i do have a problem is when we start making up things along the way, and the tables get turned like we're doing something that we're not doing what we're doing.

>> this is a trial policy, it's an trial and error like 5.1, sometimes it does not always come together and we have to make adjustments and dhaz the situation we're in right now. if you have something brief to respond, >> i'll wait for my turn. >> vice president carter oberstone. >> thank you, president elias, i'm pretty concerned of this as well. i do want to ask of the orders that they found, how many of those either apply to multiple bureaus or multiple bureau identical orders issue that apply to more than one bureau?

>> all of them. >> can you repeat that question? >> i was just asking of the bureau orders that dpa raised how many applied to multiple bureaus or identical issued to more than one bureau. >> i think that mirrors an xlaition. i can read it verbatim there is nothing in d g.o. 3.01 that prevents. as a matter of fact that's one of the things that needs to be addressed. there are units in, for instance that has plainclothes units, and one of the things that we have received complaints about is the lack of consistency between the two. we had a field operations bureau order that dpa weighed

in on, yes you did, please let me finish, and we had nothing in investigations even close to that. i made the mistake so that the assistant chief can have consistency dgo does not allow for that, there is nothing that says that you cannot apply the same principal to multiple bureaus. as a matter of fact, it does not make sense not to do that. >> well you anticipated my question, i was going to ask you what you thought if a bureau could apply to multiple bureaus. so that's one area that explains why we see this differently fm as i read 3.01,

it does not say but the language implies it, we can read it. this is the definition directive that apply within specific bureaus, to me it implies that it's to one bureau. if there is an issue that cuts across bureaus, that seems to be something that should be addressed by a d g.o., by the commission and that bureau orders are more kind of specific and when you have an issue that is so prevalent that it cuts across, i think that's one indicator that that is something that should be taken up by the commission. >> so just to put it into context, it's one thing that

when one issue applies to the whole department, if you have a small unit let's say like a surveillance unit that works ten people working in it sb then you have another working in field operations, i'm not opposes to that but the issue is, we have to have consistency. and to have a policy that consist that is problematic. it would be problematic to me because when we do operation, we need the same rules. i just want to be clear, i'm not opposed to dgo but that's one of the kinks that needs to be worked out. i believe that policy was written from prior policies that really does not address

this issue. but the part that i'm taking a back by is the situation that we skirt around. i said from the start, let's use that to at least get started 5.08. we welcome the process and i think, not i think that is totally different from what they described that the department was doing? >> let's get to that, i want to give you a chance to respond to that. and if, i think it certain when you have something that cuts across bureaus, it's an indicator that the d g.o. is the appropriate tool but the point is there could be

hypothetical, the areas which is you talked about amending d g.o.s so i did want to ask you whether you think they can amend. >> bureau orders should not amend the dgo and when what which said earlier in terms of the social media, there is no social media. >> you do have plainclothes and you do have body worn camera, so if a bureau order, so i guess we agree which i didn't expect that a bureau order can't amend, didn't they do just that? >> are we talking about social media? >> i'm talking about all the race in the report, let's put that in aside we--we have a plainclothes and body corn

camera dgo and now bureau orders that cover this same subject matter isn't that amending the dgo? >> i don't believe we amended the dgo at the plainclothes order, they're the plainclothes that deals with traffic and. and it has no procedure about the plainclothes operations. and that's the problem, a d g.o. that was written, to me is a tote redifferent thing on how to conduct narcotic or following a car burglar those types of activities. the recognition that something needed to be in place.

>> and what about the bod owe corn camera? >> i believe that does not address the plainclothes units. >> okay, i guess my point is if you have a dgo to cover an entire area, this is our plainclothes dgo, you say it's not amending it if you have a bureau order that vasly broadens the scope of what is covered in the dgo? to me, i don't agree with that. we have a dgo that is covering the field of body corn cameras, and complain worn officers, if you want to vasly explain what

is done, you have to do that through the process. but you don't see it that way? >> i think there are some nuances in our policies as we develop and refine policies, what we're going to find, for instance administrative plain kloekts officers should not make traffic stops, i get that. but tactical is not in that and i don't think the dgo was meant to cover that. there is multiple ways. and if we want to do that in our dgo that is going to be the commission decision but i do think that is a discussion that needs to be taught through. just like our manuals, there is

a reason to separate manuals, manuals or more operations tactical and dgos are overall general orders, where general order means that, general. you don't want to at least you don't want to do, a 45-page for general order. even though they are related, i think we have to be really really thoughtful about that moving forward. i do think as we evolve our dgo process, some of the concept of the past about what a dgo is really needs to be thought through. the--thought through. the things should be done concurrently what we're going to have is a bunch of conflicts. >> thanks, chief, that is helpful. what i heard you say today, is

that the reason the department issued these bureau orders is because the dgo process was taking too long? and i mean i did want to ask and i think president elias raised this and you, you also mentioned it in one of your answers, we have a process for 3.01 for expedited d g.o.s, it's 30 days. i'm wondering, if speed was the issue, why couldn't we do that? >> so we get one for every ten, one expedition, we have one that will be coming to the commission for, for consideration in the next couple of weeks. there is the things backing up

waiting for consequence, it's not that the work is being done, they're getting more dgos than they ever during my tenure. but to expedite dgo, something else has to go to the bottom of the stack, the way it works. let me be clear what i'm saying, i'm not trying to circumvent the process. but when we have issues that are totally unaddressed, and we have a bureau order has been basically sitting with very few things that needed to be done to complete it, why doesn't it make sense? >> the resource allocation point, i see it the same about things going to the bottom of the pile, i see it's going to be the same sme working on the

bulletin. so that person is you know taking time away from whatever else is on there, including potentially dgo. to me that's not a reason why you cannot go through the process. and i'll say, like, only the police commission has a charter right to issue policy. the fact that things are taking longer than we would like cannot supplant the exclusive powers in the policy arena. if you felt there was an urgent need and it sounds like, there are issues about consistency which i agree are important, i

have not heard why you would have a veiled yourself. >> so the bureau order has been completed, let me back up. the field order in essence was written three years ago. and i just want to talk about resources, you raised the issue and i raised the issue. but the d g.o. process requires for these two things, they require a whole another process. and yes, it will take time but the point is there were issues

that needed to be addressed now. and it does not stop any d g.o. process from developing particularly from a d g.o. that does not exist at this point. i'm having a hard time understanding why, if there are issues that need to be addressed, people had been issue, what is the issue? >> i guess the issue for me is the department does not the authority to do it. a bureau order that covers same thing as the dgo, i have not heard any reason expressed why using the 30-day expedite would not address every concern that you raised for immediatecy. so when people are saying, this sure looks like the department

is circumventing the charter authority, that is for me an indicator of that, when you have but instead you decided to go the bureau order route. for having bureau orders for offering things and other broad policy areas. >> so there is currently a order? i'm sorry not a bureau order b*u because there is not one now but a d g.o.

>> no there is a d g.o. on plainclothes and body worn cam ra, this is again something that cuts across multiple bureaus and something to me, it's outside the province of what would generally be a bureau order which is implementing current policy not creating new policy. i think it's pretty clear as it results to social media. >> yeah, not to be labor the point so i'll move on. but one thing that i want to clarify, is this flood, we'll report on what that looks like but we're talking about the same order that is spread across multiple bureaus, a social media order.

part of what we all owe each other is accurate information. to me it's inaccurate. you didn't say it, i'm not saying you said it but dpa said and i would like to have a discussion about that. >> i stand by my report. >> and i stand by what i'm saying as well. >> i'll leave it at that, i'll yield the rest of my time. >> [indiscernible] [mike off]

[mic off] >> collection training so there is a little bit more area within that subject matter, it covers a lot. 95% is going into the media. >> sorry for content, there was a shooting incident that caused that dgo to be heard and in terms of transparency that was

broadcast to the public and to this commission and as a as a matter of fact, we stood down while we worked on that until we got that bureau order, that bureau order in place. there are these assertion that's we're not trying being transparent. we had some like that one that needed some change. >> we had several discussions on 508, and allow me to be clear, i think the bureau orders are necessary, you do need to have the ability to be able to issue them and provide guidance to the department. our concern is not that it's not just a vehicle because you know how hard we work on 301 and to get everything in one

place, because we had to come port with the dog recommendations on department notices and services. and nothing is getting done in years. i agree with you, the only thing that was probably attic to me which is now solved is you know, the transparency part. which is you you showing the posting the orders, so since you agreed to that, i don't think that it's my issue because some. do you have another comment. >> i just want to make one comment for members of the public some of this discussion is in the weeds. and i want to take a step back and think why i this is a matter of intense interest. in san francisco we have a police commission but in many

places there is no police commission. we decided to have i a different government here. because we have independent citizen oversight and implementation of policy. because many of the worse is because there was inadequate oversight and no checks on policy making and procedures. so our d g.o. process and the power to issue policies with the commission, as part of that process, the department gets to weigh in extensively and brings subject matter to the table. but at the same time it provides from the same commission which has a different view on a lot of

these issues. sometimes involves a working group where we could not convenient subject matters, it's subject to public meetings laws, so we have publicly post what we're doing and members of the public can o pine. so the system ensures that we have a diversity of use and that the process is public. bureau orders are exactly the opposite. the department gets to decide whatever it wants to do. i don't think dpa gets to weigh in, they get noticed. so the department decides for itself what it wants to do. and that can be okay if it's implementing operation issues. when the department issues a

bureau issue, it's overriding our entire system of government, it's taking away the public's transparency into the issue and taking away all the tools to ensure that we're passing policies that we can all be proud of. that's why this issue is important. i'm going to allow ms. rosenstein to speak and then commissioner yanez is on the queue and then we'll turn to you. >> i just wanted to give some context to the conversation and the last several months, dpa has received three notifications of bureau orders to be issued by the san francisco mrip. --police department. one had to do with social media and the third with body worn camera. but in addition to the concerns that all of you have brought up, i think there is an additional concern that we

should consider when issuing bureau orders as opposed to dgos because with bureau orders, if the dgo comes shortly thereafter beinger that's going to cause confusion for officers with policy and training. if the material in the bureau orders, changes in the d g.o., that is issued, about the same exact subject matter within months of the issuance of the bureau order what we're concerned about in addition to all the things that you brought up, such as amending the dgos and you surfing very scarce resources and the other issue is that it could potentially cause confusion officers on the same exact subject matter that is materially different that

requires retraining et cetera, so that's one other concern that i wanted to bring up. but, we just, we've just seen three of them in several months and that is caused to have concern and to bring this issue to everyone's attention. >> i'm sorry? i know that it was after our conversation that we had with the department, it was withdrawn for i believe that exact reason. because we did have a d g.o. revision. i understand social media that there is not a d g.o. that is, that the deals with social media but we do have one with plainclothes and body worn cameras. those are some of the concerns that the dpa had, they came, they were, they had to deal

with, with subject matter that was currently in the d g.o. working groups in the d g.o. process i should say. and there is substancetive and they can cause confusion. >> thank you, president elias. and thank you for having this conversation and social media is coming up. i do want to clarify that despite the fact that there was not a social media dgo policy for investigative purposes, the social media dgo for personal use, does indicate that the members are prohibited from any social media to have contact or communication about any matter

pending in criminal court. and the department bureau order that was issued actually does now impact that language. d g.o. was amend. so i want to make sure that the existing social media policy or the department gaift language that talked about the limitations when if came to social media. i want to make sure that everybody ends and everybody is clear on that chief. the second point i want to raise, the manner in which this

bureau order was written, is just very confusing. there is language that a member can use social media while on duty using department issued equipment. and then there is i section there that says that if an after feels and i'll read the language, is circumstances requiring a member to use an investigative social media account, while off duty, members are required to have that. so we're allowing with that language members of our department without any oversight, overtime without any need to receive authorization

from a superintendent, the policy allows for cyber stalking in their private time. and i don't think the department wants to. i believe this commission would have guided the department in a different direction on such a serious issue. and in area of investigation outside of the traditional forms of policing. so i don't necessarily believe that there is something that you can provide to clarify how this was authorized?

because i'm assuming that it did come through your desk but i'll reconcile that order. >> commissioner, there are instances where officers who are investigating cases get information when they're off and that was intended to do was be able to account over that process. for instancecious they build relationships they get a tip hey i just saw this on social media, there are going to be problems if you don't act right now.

those are real instances that happen quite often, and for us to say, no don't bother, don't pay attention we just need rules to governor it. as far as equipment, we need to discourage officers from using their personal communication devices for investigative purposes, it's not a good thing. that's why that's in there. because there were no rules, if it's a department phones, there is audit and audits that we report to the commission and help us better manage the situation. these things happen. especially when violence have been parked. so we have to have some guidance on how to do that.

again, when this, when this goals radioed the commission will make a final call and department will provide inside on why we're asking for things that we're asking for. but i don't think there is clarity what officers are faced with. and you're not going to roll over in bed and say i've off duty, call me in the morning, you want to stop the murder from happen. and you need a venue and right now we don't have anything in place. >> i understand that justification, it still reads

as if that paragraph negate all the procedures and i understand providing guidance. but when the guidance is as confusing, you know, it raises alarms. i guess the last comment is, this is about open communication, i believe part of our responsibility is to raise these questions and bring them to light. but it should not happen this way. and i agree with the president ally as recommendation when there is a bureau order that is going to be released while the process of dgo clock has

started the way it had with this particular d g.o., at minimum we should have a copy of what intended to be posted in the interim. and i suggest that we adopt that as soon as possible. because there is values in the outcomes of opinions in people that are doing work in different areas of the city. thank you for engaging in the conversation, i hope that we can revisit this particular department order prior to initiation because of how urgent and concerning the document looks like in its current situation. >> thank you, commissioner

yanez. ms. kaywood and commissioner byrne. >> i just wanted to correct a comment that the chief made. back in 2021 we had a disciplinary case, and they met with the chief and applied to one bureau, we had one small edit, we were told that it was going to be disseminated immediately. we were told that that order was not issued. so the comment about publicly posting bureaus orders, taken. dpa should be consulted from the very beginning. i know that when the use of

poers had to be revised, we went in there and got it done very quickly. we could have done that with the plainclothes bureau order and social media bureau order. i do think that working together instead of everybody being silos. we should be working together and not including us in the process. >> thank you. i believe if a issue could be provided to the commission so its disseminated at least in the interim that gives us a bit

of a oversight. so we can get to the gift of the matter. and provide our oversight. as i said, i agree with president elias that's a relatively easily way to explain the circumstances that exist. thank you. >> commissioner benedicto. >> just briefly, it seems that there is a consensus at minimum publishing the bureau orders for and yousing. you mentioned the current draft does not require that.

would it be your preference that they introduce or start posting? i just want to know if you prefer for turpz to defend and making sure it's a clear directive that recorded vote be taken after the apartment when the bureau issued and post it on the website? >> yeah, i think that's the proper way to do it. >> can we get your commitment. >> you already got it. >> you love resolutions. one final thought, ms. whichkaywood brought up a good point. we've seen the work when the

department and dpa works together, we have seen some great policies and i want to continue for that trend. for a while we had a good rhythm and working things out. and engaging in this process and giving us a quality work that the commission can vote on and we've seen how these policies are being used. so i want to continue to foster that, i'm hoping that we can work them out so we can continue on the path which is having a great product at the end of the day that other jurisdictions are trying to copy from.

we don't always agree but i think we're way way way much better off than we have been in terms of policy. we'll work through it. >> great, thank you. >> one of the nicest things of my jobs is writing policy, i love that continues. >> it's not easy, i thought it was. okay, sergeant. >> if you would like to make public comment regarding sparks report, please approach the podium. president elias, there is no public comment. >> line item number 9 discussion and and possible

action to approve revised dgo6.02 physician evidence and crime scenes. we have director mark powell. >> good morning, director, you're last on the agenda. you're up. >> we corrected the typos and added some language to the paragraph so we're ready for any questions. >> can i get a motion? >> i'll motion pursuant to commission benedicto's language which was adopted previously that this be sent to the meet and confer aspect so we adopt the dgo as written and send it to the lawana preston so she can meet with paertsds. >> second. >> second. >> thank you.

sergeant. >> public comment -- ~>> oh wait. one second. okay. go ahead, sorry. >> public comment. yeah, this guy who takes five minutes to put on the board but wants to speak. >> if you want to make a comment online item 9, please approach the podium. president elias, there is no public comment would you like to talk a vote. >> please. >> commissioner benedicto. >> yes. >> commissioner yanez. >> yes. >> commissioner yanez yes. commissioner byrne. >> yes. >> commissioner yee. >> yes. >> commissioner yee, yes. vice president carter oberstone? >> yes. >> president elias. >> yes. >> you have a unanimous vote. >> next item.

>> line item 11, adjournment. action item. going 90 charlie. go ahead. we

moved to san francisco in 1982. we came from the philippines. i have three kids nathan, jessica and iva. i was really young. when i had neat, i turned 19. and then two weeks later, he was born. so when he was fine, i used to watch cops all the time. all the time and so he would watch with me. he had his little handcuffs and his little toy walkie talkie. and then whenever the theme song came on, he would walk around and he just thought he was the baddest little thing. i think he was in kindergarten at sheridan because he and i attended the same elementary school there was an officer bill. he would just be like mom officer bill was there then one day, he said, mom, i touched his gun. and he was just so happy about it. everything happened at five minutes. i would say everything. happened at 4 to 5 years old. it's like one of

those goals to where you just you can't you can't just let go. high school. i think you know everybody kind of strays. he was just riding the wave. and i mean, he graduated. thank god. one day i think he was about 20 or 21. he told me, he said mom. i want to be a cop or a firefighter, i said. no you're going to be a firefighter. but that's really not what he wanted to do. his words were i want to make a difference. and that was a really proud moment for me when he said that my dad was a cop in the philippines for 20 years. i think a lot of that played a role into his becoming a cop. my dad was really happy about it. my mom. she was kind of worried, but i just figured i can't stop him. he can make his

own decisions. stu. i just want to say what's up? how you doing? good. good. no i'm trying to look good for us to looking good for us to so when he was in the police academy, mind you this kid was not a very studious kid. but i've never seen him want something so bad when he was home. he'd be in his room studying the codes. he really fought for it. hi. what's your name? i'm nate. nate is great with kids, and he would give them hugs or give them stickers. i think that that's a positive influence on the kids, and then the people around you see it. once he makes that connection with people and they trust him that foundation that respect people look at you and see your actions more than your words and so that i think will reach

people more than anything. you could say you later, brother. thank you. all right, see you. it's a really hard job. i know you. you see a lot of the negative for me. i would not put myself through that if i didn't care. you know, you have to be the right kind of person. you have to have the right heart to want to do that. when people ask me if you know what my son does , um, i just tell him he's a cop , and i just feel like i'm beaming with pride. i always told him when he was young that he would do something great. and so to see it. it's i have a moment. i'm very proud of him.

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>> you know i've always wanted to do this job that drives my parents crazy we want to help people i wasn't i did not think twice about that. >> i currently work as cadet inform the san francisco sheriff's department i've been surprised 0 work within criminal justice system field i had an opportunity to grow within that career path. >> as i got into the department and through the years of problems and everything else that means a lot i can represent women and in order to make that

change how people view us as a very important part of the vice president you have topanga you have to the first foot chase through the fight are you cable of getting that person whether large or small into captivity that is the test at times. >> as an agent worked undercover and prevent external and internal loss to the company it was basically like detective work but through the company from that experience and the people that i worked around law enforcement that gave me an action when i came to be a cadet i saw i was exploded to more people and the security he was able to build on that. >> unfortunately, we have a lot of women retire to recruiting

right now is critical for us we gotten too low faster the percentage of women in the department and us connecting with the community trying to get people to realize this job is definitely for them our community relations group is out attempt all the time. >> in other words, to grow in the fields he capitalized any education and got my bachelors degree so i can current work at city hall i provide security for the front of the building and people are entering entering but within any security or control within the building and checking personal bags is having a awareness of the surrounded. >> there is so month people the brunet of breaking into this career that was every for easier

for me had an on the with an before he cleared the path for laugh us. >> my people he actually looking at lucid up to poem like he joe and kim and merit made they're on the streets working redondo hard their cable of doing this job and textbook took the time to bring us along. >> women have going after their goals and departments line the san francisco sheriff's department provide a lot of training tools and inspiring you to go into the department. >> they gave me any work ethics she spider me to do whatever he wanted to do and work hard at the intersection. >> if you're going to make change you have to be part of change and becoming law enforcement i wanted to show

women could do this job it is hard not easy. >> finds something our compassion about and follow roll models and the gets the necessary skeletals to get to that goal with education and sprirmz whatever gets you there. >> if this is what you want to do dream big and actually do what you desire to do and you can go vertebrae far it is a fast job i wouldn't do anything else. >> ♪♪ ♪♪ ♪♪ ♪♪

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