president. and the mission for rescue noising this work, it makes a difference. [applause]. make public comment regarding item one. prop the podium or press star 3. >> you have 2 minutes >> commissioners. i'm francisco decosta. and i'm trying this system.

for the first time. so, it is rather difficult for us now to contact y'all virtually. we have to make arrangements so that 72 hours before we speak. we get permission. so, i'm glad i'm trying this system so i'm glad i got to and i watch the officers being commended. of course, i appreciate that very much. and i look forward now they can get in the system to participate on the other agenda items. thank you very much. >> commissioners that is the end

of public comment. >> thank you. next item. >> 2, general public comment. the public is welcome to address the commission for up to 2 minutes items not on tonight's agenda but in the subject matter of this police commission. the rowels of order commissioners are not required to respond but may sponld. comments are available excuse me. you may submit comment the following ways. e mail us horror written u.s. postal service to public safety building 1235, third street. if you like to comment approach the podium >> good evening. i'm jerry.

fooer the second time 2 weeks ago unite our [inaudible] walk together tell be tougher, i think. today i like to address the idea of you know there is a big push to safety. safety, safety. safety. okay. safety. >> starts with responsibilities. if you don't focus on responsibility, you can't have safety. because unsafety or danger come with irresponsibility. the big push for that come from people who are irresponsible. pay attention to that for actual is important. responsibility. and it is a teaching process. it is absolutely clear. responsibility the big term there is different aspects to it. you know.

being acounsel okay. stuff like that responsibility we have a vision of what it means. responsible you do good and safe. irresponsible that's it. 7 years olds. have a good night yoochlt good evening i'm paulet brown i'm here concerning my son. who was murdered august 14, 2006. this is a new year, it will be 17 years. of my son being murdered.

sometimes i come here and don't know what to say. i feel like i'm permanent if i can tour on the wall. here come that mother who lost her son. yes, i lost my son i want justice for my child. i may smile hi see you we are human i need to laugh sometimes. sometimes i do. when well is functions i'm there i need more than standing here talking about my child. i put this here because my son in a casket and standing over him as a mother. when will i get justice? his case is a cold case.

what do we do as mothers? how long am i going to have to come here? when am i going to get a bit of closure? a little bit? i need that. he has siblings left. that will never see him againful and then all they say my mother come to the police commission every witness stand crying about our brother. what do i do? >> members have information regarding the murder of audrey call the tor/7 tip line. good evening have you 2 minutes.

>> mr. decosta your hand is raised but i'm unable to unmute you yoochl commissioners can you hear me. >> i can hear you. you have 2 minutes. >> commissioners we san franciscans embrace everybody. on tuesday at the board supervisor's meeting, the population in [inaudible] more young people.

stated to us the city and county of san francisco has divided us [inaudible] 40 billion dollars. that we -- the citizens. the constituents are not paying attention to the youth. the youth who are treated with distain. no young person --. no young child in san francisco united nation [inaudible]. should tree our youth, our children with distain. much more. shot by a person that go

shopping. so the president of the board asked the district attorney, to resume the [inaudible]. and to ajudeicate the case as it should be adjudicated. you should not be fast to adjudicate a, case within 48 hours. this is wrong. i know that -- thank you, caller limp is no more public comment. >> thank you, next item >> 3, consent receive and file action. collaborative reform, monthly update. first quarter audit of electronic communication for biace. >> can i get a motion? >> motion. >> second.

>> thank you. >> members who like to comment raurding item 3 consent, approach the podium or press star 3. there is no public ment. commissioner walker. >> yes. >> commissioner benedicto. >> yes. >> commissioner byrne. >> yes >> >> commisioner william ortiz-cartagena: yes. >> you have 5 yes. >> line item 4 adoption of minutes for april 5 and april 12 of 2023. >> motion to adopt. member who is would like to ment on item 4 approach or press star 3. commissioner walker >> yes >> benedicto

>> yes. >> commissioner bibb. >> yes >> vice president oberstone, >> yes. >> you have 5 yes's. >> chief's report. weekly public safety occurrence events in san francisco an impact on public safety. discussion on activities the chief will be limited to determine whether to calendar for a future meeting. chief scott. >> good evening. commission and the public. i will start this week with over all the crime trend and violent crime is up 4%. and property crime down 9%. the total serious crime is down 8% that is a 1300 crime reduction from the time left year. highlights homicides we have 17 year to date compared to 15. y we also one of those 17 is an

incident that happened in 2004. the person died from complications from the injuries. that has the crime reporting requires will be count against us this year. >> total gun violence down by 3% a difference of 2. 67 this year and 65 last year and weapons seizures up by 23 from over last year. we are getting guns off the street. 39 of the 336 weapons were ghost guns that is about 15% or so. 10%. over 10%. there are 2 major homicide incidents. 2 homicides to report. one occurred on 4/87 on market.

security guard at the business of that location attempted detain a suspected shop lifter when an altercation occurred with the security guard and the shop lifter. shop lifter/victim left the store and turn to the security goord. spat on the guard. raised an arm toward the security guard the security guard shot the victim and the victim died that night. the security guard was detain exclude arrested. this is an open investigation. very public. the da did not file chargeos this case. but there is more investigation what our homicide investigators are doing on this case. it is in the a closed case yet. the second incident was on 4:30, 2023 at 4.

. 35 a.m. on folsom. victim in the driver's seat of his car with 2 friends. subject knockod the driver's door. victim was shot at close range. victim drove and stopped. the 2 friends in the vehicle with the victim were unharmed. with thes were able to get accounts about the 2 sense involved. this is an investigation on going with no arrests at this time. >> 2 shooting incident in this period one was the 100 block in qatar valon april 6 at 2 p.m. officers arrived and found the victim outside of his vehicle. the victim was unsure of who shot him and no witnesses to the incident. however, several residents heard shots and a vehicle crashing and more shots the victim was transported for medical treatment. no arrested made.

victim injuries status is not life threatening at this time. on april 30 at 7th and stevenson in the tenderloin a victim had a gunshot wound the victim was transportd and did not provide information. witness saw a possible suspect flee on muni headed to the mission. subject was at 16th and mission and was taken in custody and the firearm was recoveried. and that particular case there were -- a couple of homicide arrests -- that occurred on april 23rd. this was reported on left week. a shooting in grant and columbus involving 5 victims. one su.commed to injuries at the

scene. victims were transported with injuries. several witness were interviewed and the result was an indication one of the subjects shot with another subject was attempting to rob upon the other shooting victimace gun point. an altercation result instead shooting on april 24th. suspect was taken in and both charges of 187 ap c and 3 counts of attempted murder. 664-187 and attempted robbery. and additional charges. this incident remains under investigation. robbery with gun that stretched from february 22nd to march 9. along 16th and mission. 2 sense were identified from video footage during the investigation. a third suspect is known to be

involved however his identification has not been confirmed from the evidence. warrants for the robbery and assaults issued for 2 subjects. 2 subjects on april 21st near 18th and mission. and the city of after a short pursuit both were taken in custody am officers recognized an individual at the scene as a third suspect not guilty video of the robberies and detained them. both vehicles were parked at the scene and toed as evidence. there are other incident in the robbery series this are under investigation. this was good work by our investigators and our officers involved in this case. more to follow as there are more robberies connected to the series. and the last thing for a stabbing that occurred 427, 2023 to. . 18 on grant and the tenderloin.

the victim urban alchemy staff member he was stabbed the victim provide now further information. the victim was in stable condition. no arrests at this time the investigation is on going. the last incident was a battery with injuries elder abuse. 448ace 8:30 a.m. market and no net mission. 2 victims walk when a subject ran in their direction. causing the victim that fall. victim one fell on the concrete. struck her head come lost consciousness. no arrested at this time that is urngd investigation. tenderloin, there was 8,000 fentanyl seized. that is increase of 177% compared to this time last year.

we had 15 arrests for possession for sales. over the week for most of those almost all have been in the tenderloin. total year to date is 284. the last is the california highway patrol deploy am in the city. that started monday. the there is a press conference on friday i spoke and the commissioner of the california highway patrol and from the california national guard. and basically i will put out what was -- will stated and what the chp what work they are doing in the city. and this is from commissioner from the chp they have an interest in california community. california highway patrol committed to collaborating with partners and identified specific action items can take to help

improve. officers deployed work with sfpd to enhance public safety. assist sfpd increasing uniform officers within areas in this case the tenderloin area. and the disrupt and deter activity. provide train to officers to assist to deter and detect jug crimes. and use the existing resources from units provide support to develop criminal case disrupt narcotic's trafficking the presence of officers is to deter criminal activity they will take action if they have to and make arrests. c ph is here to supplement sfpd they will compliment them. immediate measures of success is we hope to see a change in the

conditions on the streets. that was the statement from chp. national guard administrative and analytical support. they are part of a regional partnership and as well analyst in the partnership. what we hope to see from this, the support that the governor gifrn us more focus on san francisco the task force as a responsibility outside of the city. most dochlt we thome see focus with the analytical support in san francisco. we gotten a lot of questions from the public about the national guard's role. they are not going to be boots on ground with national gurpd soldiers. no military equipment or nothing of that nature. so that was stated by the

general in the conference. i want to reiterate. analytical and administrative support this is an on going partnership. won't don't have an end date but we'll continue to work at the resources to make sure the give them the way tell help the city and the values when we are been from the san francisco police department. dignity, respect and safety with respect and the thing this is commission and department worked to accomplishment that concludes my report. >> thank you, chief. >> vice president carter-oberstone? >> thank you for the report, chief. i wanted ask you about the shooting of banko brown by the private security guard exported to ask a few details a lot we have more in the last day or so.

i want to ask you a couple hings. so, do we know for certain whether the victim was armed or not. the victim. >> there is no evidence the victim was armed. >> okay. and have you reviewed the video. >> no , i have not. >> and at one point i read the victim may have been shot in the back is that correct >> that is not correct. >> okay. and do we know much about the shooter. i have not seen much reported about him. we than the shooter employed as a security guard armed security guard there is further investigation on the shooter and the shooter's history. but that basically when we know at this point. >> do we know how long he has

been a security guard. >> no , i don't vice president that information that is a part of this investigation. >> do we know if he has prior military experience or law enforcement experience? >> don't know. >> again. that person's background is being investigated. >> and i guess you say then the investigation is on going. this -- so the da said that charges would not be brought in this case. why is there an investigation that continues to go on? >> there are still questions unanswered and the da has made a decision obviously and put out statements based on what evidence was brought to the case. our team is has been asked to further inquire. i don't know where that will go and can't commit anything to what the da may or may not do

but we have not closed our investigation. who asked? our folks have been asked by their upon chain of command to continue to investigate. in of the things you are asking about. because we believe they are important to this case. so -- where that will go, i don't know. if anywhereful but as a part of having their investigation of the case we will continue this investigation. >> okay. if you can't say at this time it is fine. if you can say who asked. who asked the investigation to be continued i'm curious. i'm -- have not been on the commission that long but never seen where the d assays no charges will be brought butt police department continues investigation. i'm wondering if that is not

disclose today is in the. >> that is there are case where the da has declined charges to file charges they are still investigative steps zoe to take. charges can be resubmitted if this is appropriate. i will be clear on that. this happened quickly over a couple day and they are day nas our command staff think there needs to be done on this investigation. so those things will be done and i don't know where that will lead but we have directed the investigators do those things we asked of them that's as much as i can say. >> fair enough. i want to ask you about before this commission when i first started early on. which was a presentation by supervisor stefani's chief of staff about a bill she planed introduce at the time and has

passed. and essential supervisor stefani discovered that there was an article 25 of the police code that said that the san francisco police department was charged with supervisoring the registration, licensure and issuing regulations that cover private security guards. >> and this had been pass in the 1972 but never philidelphia. the board thereafter i think it was men in january of 2022, passed a law basically asking the department and the controller to put together a study on how article 25 needed to be updated. it was almost a half century old the state paddled laws since. we need to figure out where we were and how it needed to be amended. has that report been completed by the controller and police

department? >> that report has not been completed. but that report is still in process. so that was over a year ago. and on april i'm sorry. the i don't remember the date when it went to the boards of supervisors but what came out was what you said. the department asked for that -- article and -- implementation of the article to be looked at by the controller's office and there are many reasons for that. and this was a 1972 ordinance that most of us if not the marnlts of us never heard of. there is some questions about whether that needs to be revisitd and who has the authority to or needs to have the authority of security guards

as the law state. the article exist this is is a state of california consumer affairs00 issue in terms of governing of security guards in the state. we have worked on that report. has not been publishd and worked with the controller's office that report will go to the board and published with recommendation. >> if i recall, there was a 6 mont time plain at the time it was passed have there been requests and discussions of an extension to complete the report since this time? >> yea. i think my notes i believe that report is -- we have done our part on that. let's see here.

you can circle back later >> it was submitted in september of 2022. why okay. we are waiting for the controller to complete their review before it goes to the board then? yea. the next step controller waiting on review of that analysis and go from there. >> okay. >> just one last question about what happened on the day of the shooting. i saw it reported that the shooter pulled his gun out during the a verbal altercation

before threats of violence were alleged 3 made or not made and removed his gun from his holster before? is that your understanding? >> that is in the my understanding. but i have not seen the video. and there is there is still w to be done that is not my understanding but i cannot confirm that. before this hearing i looked at article 25 of the police code special section 1750.19, shall be unlawful for an armed guard in san francisco to draw or exhibit other then and there in a holster a handgun except to a threat to person or property. so, if in fact the guard did as was reported by an outlet take his gun oust holster before

there was a 38 that violates recall 25. >> yea. this is not my understanding, commissioner but i have not seen the video so i have not been briefed that is in the my understanding. >> okay. >> thank you. i wanted to move on to the publicly reported incident about the former fire commissioner. who was badly youred by unhoused person. and and then appears to implicated in potential suspect. sounds like in a slew of attacked on unhoused people. >> so. i will start the report there were 8 please reports the da turned to the defense.

is this right? >> yes. >> so at the time department turned over the reports, its material that the department has reason to believe would be and terrible low -- this means the department has a high certainty or -- better than a hunch that the it is the victim in the case who committed those 8 assaults on unhoused people? no, that's -- not accurate >> no. >> there were 8 case bunkham there were a variety of suspect descriptions on one of the case there were video. and january of this year the one

officer involved put out an e mail to the department to tray to identify the person on the video. there were a wide range of descriptions of this person in terms of the size and weight of the person. i would not say that's accurate. >> great. if there is a low level certainty why would they be turned over as material if the department did not think they were connected and all >> is this on upon agenda. >> yes. it is agenda the chief's report this it is within the >> did not report on it. >> yes that00 autochief's report is not tethered what the chief report in his opening statement its is what is on the public notice on the brown act. when is your question >> i lost my train of thought, chief i will say it again.

i guess my question is it was turned over as this might be but seems like there has to be some belief on the department's per they were committed by the same person and that person there is some chance this person might be the victim in this case. do i have that wrong >> my understanding it is public defend are brought this issue out the allegation that the victim of that case may be this person and that lead to upon the -- turning over of these case. that does in the mean the upon department said or -- saying that these are all the same person. i mean the descriptions are vary in age and size. but my understanding is that raised the issue i don't know if public defender released the video but it was released. i think we have to turn that

information over once that issue was raised. >> great. okay. >> another issue related is there is commentary asking why did the public not know about this i wanted ask you as a general matter. i benched sometimes the department asks for public's help in solving crimes sometimes. i wanted ask if not a policy an informal practice around one the. department decides to ask for help from the public or not to solve a crime. >> depends on the case. there are times we ask for public's help and times where we don't the times where we don't could be a number of things. not alerting the person that you have focussed on this you have your focus on. trying to prevent destruction of

evidence. it is specific to the case this is in the a perfect science when it come to this issue and sometimes they are. have you to make a decision on -- whether or not you want to disclose that information to the public or whether it is statute right thing to do but there are also other considerations once we do that when we repolice videos you know is that going to sometimes that can do harm to the case there is consultation on the matters. when we did do was release it to the entire department this video from the january incident to try to hoist this person >> last question, is there an investigation in whether the former fire commissioner is responsible for all 8 assaults? >> yes this , is we -- have to investigate that. number one it is brought up by the defense attorney that this

could be a person will involved could be the victim in the case we are talking b. we have to investigate this to determine whether or not that it is true. yes , there is an investigation. but again others because i heard information saying they are not. there is a wide variety in descriptions in terms of age, weight. so we start there. >> thanks, chief i have questions on the chp national guard but i asked a lot i will let my colleagues go and circle back. thank you >> thank you. >> one follow up question. chief. was the supervisor of the of district in which this crime spree happening against homeless people were they made aware of the incident in police departments file in the the

short period of time? >> that i don't know, grown they were all in the same district they may be. but i know there is i'm not sure if they are all in the same district i don't have the answer to that i don't know. >> okay. they happened in the news reporting there was 8 within the marina district. >> i don't know if they were all in the marina i'm looking at the addresses i don't believe all of these near the marina, some are. >> do you know whether or not the supervisor of the districts involved were notified of the crime sprees happening against homeless >> no, this -- these cases span over -- a year and a half. i don't know if the district supervisors were add sunrised of this.

okay. thank you. >> i don't know that they are all in the same district. there is some that may not number marina on this los angeles >> commissioner benedicto? >> thank you, president elias. chief, we'll start with where the vice president carter oberstone left off. do you finish any of the 8 attacked on unhoused individuals were included in your reports >> no. >> that's either individual or ones that were a pattern it was not in the reports? >> i'm sorry yoochl they were not individual or as a group once the investigation linked them together >> no they were not >> do you think that in hinds sight that the 8 may or may not have been connected would rise to the level being include in your report? gi appreciate one individual might not be but -- well, i will

answer this way. you know these things did not come together like -- this case brought a lot of this together. when the -- e mail went out in january on this case. there were -- a couple of them with similar sense. but in terms of a crime series, no. there was not report exclude no this was not something that came to my radar until this case. >> i'd like to turn to the banko brown. i think in addition to the presentation that supervisor stefani staff gave about regulations there was around the time that -- present on the surveillance and other updates.

and an update on the regulation of security guard ordinance? >> that is the article 25 issue the vice president carter oberstone was talking to >> and a presentation i think he referenced the january 2022 presentation. i think one -- after that as well is that correct. do you know. >> september first of 2022. admitted a report on the police commission. >> the presentation was on the 7th. >> that matches may recollection. i know the report is outstanding but may be if we give them more time in the late summer and early fall we should have another update on the by then there will be a report i got an

ask for that. i think armed security the board and discussion for the commission to have. i know you read the statements on the tasks they will do as priorities there are specific how has that worked on the ground are there called by -- dispatch or -- if they are patrol and see a crime in progress they will take time on that incident. the upon tenderloin is part of their patrol is soma down in mission.

and we can hear when they make a staff we can here. from soma down it mission. issues with narcotics and narcotics dealing and that thing. so that is the your they are focusing on. >> they are not operating whether what it would be >> not this group ump see ralphs all overnight city. they have a station. this group is tenderloin and soma. >> um -- do you finish they made arrests? >> i don't know how many i know they have, yes.

do you know had the arrests were for. you was told narcotics. and >> and a warrant. and a warrant as well. they would process through their station and sfpd for processing >> no they processed any arrests they are standing protocol before this they book at the san francisco county jail. are patrols are they vehicles or foot beats do you when they are looking like. that's their call but now it is

all cars. 6 as of now that could increase they will not decrease now but could increase >> is this 6 officers or cars of -- they ride in single officer cars for the most part. >> okay. >> since you know you are able to community is there a situation that occurred where they will respond to a call along side sfpd. >> yes. >> and vice verseasm they are able to -- they need asisterance or vice verse athey could respond to us or we to them. >> >> they respond to calls if than i see or drive by, this is an industry standard you see another police officer on the

stop. make sure everything is okay. that's not a formal request of assistance. but that is something that is standing practice most if not all of us do. we north asking them to do foot beats or narcotics they do traffic and general crime enforce am they violate ability to do this. we nor do we plan to engage in them if it gets complicated that might be the issue. now it is not, it is simple. >> the national guard >> no national guard have analysts at work.

. partnerships basically when we hope to get out is focus in our city. their jurisdiction is multiple counties in northern california and they do analytical work. they have been attacked i was curious. urban al quellet retired officers to the radio.

is that from there as well. >> no, urban alchemy we have a good working relationship a lot of communication. most if in the all of the deployment is in -- in terms whf we are talking about in the tenderloin. >> regular communication with leadership. they don't have radios. and we worked through what issue we need to work through. they are not police officers they don't act as police officers they are security when they do well is they monitor the sidewalks and keep people move thering are no police radios. >> an emergency situation they are like they don't have other lines they call 911. >> that's correct. >> all right. thank you, chief >> thank you. commissioner walker? thank you. thank you for answering all our

questions. i think there is a lot of concern from everyone about the issues. this we have been reading b.. one of the issues i have been working on that relates to a lot of the issues is -- working with you and chief lazar. and the folks in the department around the patrol specials it has been a collaboration with private security. may be something we talk about the requirements. all of the folks work nothing frontlines the goal is to -- really reenforce community policing. whatever works with our limited staff. you know the priorities of responding to urgent calls.

but it is -- to the issue of the marina incident with -- unhoused folks. there hen a lot of call in previously from community around issues involving folks tleszs of violence. the groups and ambas dovers this is an opportunity in discussions to coordinate and get clear about when people are doing and how to respond. i think that oftentimes it is the police have been asked not

to respond to, around the homeless. it is time to like -- all of our departments in the castro we honor the folks in the castro. use that as an example. take advantage of the time and the profile cases to coordinate better. i want to engage. i think this is a reason why we are doing this. and talking about it. you know there is a lot to learn and advance in this time. so, >> thank you. commissioner. >> thank you. a follow up. the chp did not coordinate with

tenderloin or southern station? because they are oust afternoonsing to their superiors and all that >> no they do. i mentioned captain chan they do coordinate. and how do they coordinate >> community daily base you. day one. because we want people to be familiar with each other. assistant chief lazar and commander ing and the commander of the tenderloin. to make sure everybody knew each other and what they were doing in our city they have communication with them and captains and southern, southern is not a big part. to begin with. but there is communications. that's what i mentioned earlier yoochl i'm sorry i didn't pick up. i mean i know the governor is involved in this but wh would it

be better if -- the chp doing partos allow san francisco police to sends more police in the tenderloin. scientist it true san francisco police are more familiar with what is going on down there? and as you are better, wear, i would say a pluthera of calls for service and those pluthera calls take -- the -- ability to have a strong police presence in the tenderloin away from it. so -- as an example. i was on a ride along on friday night. and there was an attempted suicide required officeros swing shift. at the same time a domestic

violence incidents going on. even though was increased number of police i was happy to see. because the tuts incidents and domestic violence the result there were 2 police in the station and one out. now -- i don't know -- in that ts what the chp would do. and i then and there if there was another critical incident you bring in police from other stations. but -- it seems to me. that it would be better to have more sfpd in the tenderloin and the chp covering the outer stations because -- san francisco has a -- has the expertise what is going on

there. the chp officers have no expertise in this. and i upon bed that there is other hours at work in sacramento. but realist really would it be a better use of resources to put the chp in a quieter area so that more san francisco police concentrate in the tenderloin. what i saw on friday night no attempt to break up open market drug dealing because the san francisco police would be increased presence was stretched. unless you called in an outside police, there was no ability in the tenderloin station to deal with it.

but -- it would have been better if we could had more police there and the chp somewhere else. you may not have control meant orders of governor doing this, which with all the -- we have to understands our places in the world. but you get my point that -- i'm not asking to you -- be insubordinate in when is going i believe tell be fwort have police in the tenderloin and chp out lying areas that are quieter and dealing with calls to service so that upon the sfpd can concentrate. on the calls to service there were 3 calls the officers knew people. many are dealing with -- you

know many have serious mental health issues. and the police the police know them. and they recognize the address. they recognize the person example to have more san francisco police down dealing with that, and paired up with people in the tenderloin for years is a better use of resources than what the governoror due respect, has in minds. and i don't want to sound insubordinate. but i believe and i'm not alone this it that , it is a better use of resource if it is state wants to help, you are welcome, but help out in out lying yours to increase the police presence with officers familiar with the area that are familiar with the residents of the area. and anyway. that's i allow to you comment.

>> i'm sorry >> it is we are getting that question from members of the public as limp i will say is that for the first point is chp is doing traffic. if they deserve criminal activity they will enforce but not answering calls to service. i will say there is another part to this for us to make sure thattil say so the public can hear. when we go to a domestic violence call. we have expensive policy the commission as including a manual and those things we expect them to be done weapon what the commission dictated and passed. chp does not work on sfpd-dgo's that is in the when they dochlt i don't know of any jurisdiction

the chp has communal policing. where they do. they do when they do traffic is when they dom police officer they make rests for any crime in the penal or vehicle code violation. they don't general low i don't know of a city where they responded to calls for service like that like what you are describing. other thing is this. you have been to the tenderloin a lot on foot and what i see when i'm out there. all hours of the day or night. it requires a consistent police presence and consistent police presence and that is not enough sometimes. you know we get the complaints of narcotics deal and go over and the dealers disappear and go down you know what they do. >> and the presence does help. you know we have been working with our city and county park

rangers. and just having the park rangers in uniform compliment and we are able to hold more grounds that way. presence does help and the tenderloin one things we want to do is disrupt the narcotic's dealing. to keep them -- from leaving they take over a block and deal drugs and that presence helps disrupt that for that purpose i would i believe that it is a viable and good strong have focusing on areas where they are occurring. if we do operations or sfpd deploy am you name the street we are not on the next block, that's y where they go. the more coverage the more we disrupt. can be effective. i would like to see this sustained so we have presence out there. and that's not to say we upon

don't need more officers in other partings of the city but they are north answering calls for service. i think for what they do it is good to have them in that area. searchth street was the quietest and it was a joy and dloit to see 7th street. i got a question on the chp. i wander if they have ideas -- cracking down on stunt driving.

deploy width police department >> we do work with them on the driving. if they are out that is when they do traffic enforce am. they have not hesitateed help when than i are called to do this. we requested their helicopters. the coordination with chp and the stunt driving if we disrupt or prevent stunt driving in the city and get a hold of c ph and get on the freeways. oftentimes they are there waiting on them. they let us know when people are manage in the city there is cordination on that. if we get deploy am in san francisco and they are working and no doubt they would not be happy to help >> and next question is

regarding the i guess look at over all crime report city wide it dropped. i don't want to say 10% but it is close to 8-9%. any thoughts on this? >> some of the areas we made the most grounds year to date we are in the first quarter of the year but you know our property crimes where we made significant reductions in terms of percentage. violent crime we are teetering on up homicides and robberies. property crimes drive our crime numbers we are work heard and increase capable there this is driving most of that reduction in property crime. thank you very much, chief.

>> thank you. why vice president oberstone. >> thank you, president. 2 quick follow ups for me in response to question from commissioner benedicto the department does not have and does in the plan to draft an mou between itself and chp. >> for when we are doing here, no. >> my question was just why that is in we had the hearing on the fbi task force. mou, and you know that -- seemed to be necessary to carry out -- those joint operations. i understand this is different in ways. it seems to present the possibilities of you know you pointed out the department working with chp on an operation and wondering the thought process on not stake an mou.

>> right now this is fairly simple. they are doing traffic enforcement. commissioner asked about stunt driving. if this -- turns out to be a permanent thing and gets i tonight see where an m oushgs ou is necessary.

traffic enforcement is had they do they are peace officers so if than i see general crime they can do that the presence in this area and allowing them to do what they do seems like a good confucianism we are not asking them to handle calls for service

or be a part of our plain clothes unit and buy narcotics. do what you do but in this area. and we do i do think that can serve to disrupt the behavior. >> and do you view the traffic enforce am work as related our narcotic's disruption work? >> i think it could be. >> you know its people do transport narcotics in vehicles and that is -- it is the disruption. it is the when we are out well and present, we have issues with the complaintses of people taking over blocks. we write tickets or walk the foot beat the presence helps the natural fit do what they do and do it in this area.

>> and i it does disrupt. i believe it does disrupt. >> right >> okay. i mean the reason i asked that is i think more law enforcement resources are welcomed at a time of under staffing. i'm a bit troubled by idea this commission had i year process and almost the finish line enokaying a policy and sounds like chp is doing traffic enforcement >> that is my concern with that. >> i mean i want to make sure i'm clear on that. because -- have not asked to do pretext stops just general traffic enforcement. and they know of our policy that

is meet and confir. they when they are trying to do in the city. the commissioners mouth and said in the press conference we are here to support this city. that is respecting the values of the police department. they don't operate under our yes or no orders. they want to be a passport and help you to. we had discussions about pretext stops and then and there policy is mote and defer and will be adopted soon. the disruption and we have not asked nor expect them to go out and do pretext stop we expect them to do traffic enforcement and be an inference in the your and help disrupt activity. when we put our solos in the tenderloin they are out there

being visibility and helping disrupt activity. i don't think this commission will be disappointed. we had discussions. one last of question i forgot to ask about killing of banko brown. do we know if the security guard had any prior criminal record? i don't know and if i did i being not release. i don't know yoochl thank you. >> sergeant. >> members who does like to comment regarding line item 50 chief's report approach the podium. >> well is mow public comment. >> 6. director's report discussion and

report on activities and announcements. discussion limited to determining to calendar issueings raised to a future meeting director henderson. >> thank you. there are currently 270 pending case and the agency of dpa. all of the stats about cases is available online in case folking want to know details. of them, we have 26 case. not about exactly 26 cases investigations taken long are than 9 months. those 19 are told. we have pending cases with the mission there are 7 and pending with the chief we're waiting

determinations there are 83. weekly trends this is week the highest allegation made was 21% of allegations involved an officer behavioring or speak inappropriate low with the public. highest allegation by precinct in central this week. and there were 7 of those allegations made. the full break down to 100% and track friday week to week is available on the website. in terms of the updates. last week commissioner benedicto asked about the join develop tracker. that's what you were asking about title for the program is. and that's the program so we are all on the same page sfpd log in officers to see and track what is happen with those case. we had already committed a

proposal to coit for funding for that project and so we are waiting to find out if coit will provide fund and if than i are approved manage we can kicked to work that has been done. fairly of quickly. as a subelement. and i believe we could get it done in less than 4 months or about 4 mons this is an opportunity if there are funds available. this is an opportunity if there are funding available. to between this work but this is with the status is for now. and in terms of out reach, there are a couple things, invited the public to provide feedback on policy revisions if there are 3 of those policy theory open and

pending they are on critical incidents response team number one. two. foot pursuit and three sfpd training plans. that is available now and information on how to provide feedback on the policies can be found both on our twitter page and on our website. in terms of the audit there is a lot on audit. there is a presentation today on auditsil not dwell on anything beyond the 3 updates. one. dpa and controller's following up with p d on the status of open recommendations. from the 2020 use of force audit. witness we issued an audit recommendations get made and regular low report. on what the status of those things are as well in case folks

tram them online or through the commission. it hen this was our first audit we did. i don't know fimentioned won an aword the national night award. y 30 months since this report was issued. we won it gwen on a different odd and i i will mention it later. so we know the quality and status of these audits. 37 recommend eggs made in that report i want to be specific we have the information. of those 37 made 10 of them are considered open. after the last review i will giveut updates as they go o. the open recommendation that have not still remain open in terms of the award wing analysis on use of force data involve the

training division review for use force to improve train anding sfpd making use of force data available on the city open data portal. those are things we are waiting to see. >> today, dph issued a key report part of our misconduct audit this . is on sfpd handling of officer develop and discuss sfpd use of holding discipline and timeliness of chief hearings. we talked about them when i give my statistic but this support does a deep are dive in explaining the practice. prior to issuing that report we provide a draft to pd to provide an opportunity to comment on the report and bring to our

attention errors we were told they did not disprut the hospital we move forward. there is another presentation on audit fist you have questions we will see what we have on the agenda. tonight and the closed session there is nothing in closed session and the audience today is senior investigator candice carpenter in case issues come up in the meet and present is steve our head audit will present tonight.

who is our director of policy. and sarah hawkins chief of staff. is here. this evening. if there are questions about dpa contact us online. and contact dpa415-241-upon 7711. that concludes my report. >> ir was interested in reading the report you dropped today. i look forward to that also the solutions to chief hearing backlog. i forgot to ask but that as well. i know we asked for an update on where we are in making progress. since it has gone down it was 99

or 98. it has gone down. >> >> has gone down in case of the chief. do you think that is because things are asking an affect we talked about in the commission or is it -- is it a fluke? is it going down. why? an award wing audit and the dive

uncovering the issues that have not been addressed and i'm sure that is why it has gone down. >> funding for a trophy case. >> 2 time award winning. >> we have made changes and also the attorneys have been working hard to and the deputy chief. get the backlog down we got people become to work that helps when they have cases on their assignment queue. that's there has been effort to -- change things and make it go downful the reason of the audit once we have the problem

defined we can move forward making a denned and hopefully the audit does that. that is the real yoochl i'm excited. you provide a great work product the data you provide is solid. >> award winning. >> yes. >> i just -- more members that would like to comment regarding item 6 the director's report approach the podium. >> there is no public comment wrochl 7, commission report discussion and possible action limited to a description of activities and announcements and discussions encounter issues raised the president's report. commission and announce ams and scheduling identified for consideration of future meeting.

commissioner benedicto >> thank you. a number of things a couple events commissioner walk and i attended. a brunch for the surviving families firefighter national crime victim week occurred since the commission last met. it was an honor to spends time with the families and victims of violent crime specials honor them. mrs. brown was there and a great event. last week we commemorated den i remember day to raise awareness for victims of sexual assault on the special victim's unit as well. and wrong size.

and in terms of upon events left night was memorial honored the 101 officers that have die in the line of duty since founding and commissioner walk and i attendsd that and attended boy families of 13 of the officers that had fallen. the body camera group is meeting tomorrow we will added meetings to allow for discussion and conversation itch want to thank the work group members. barely get people to come this working group asked for more meeting its is good to see the anticipation of the body camera working group n. next week or 2dgo2.1 will return we are looking forward to passed after it was pulld and changes made

with the department. this it is all from my report. >> thank you. >> thank you. yes , i attended last evening the memory yell for fallen heros. it is moving and there is a wall in the third street headquarters honoring those who have lost lives serving san francisco. it is very moving the families are all there. who never forget and it is a good recommitment to being there and make sure the folks know they are not alone. i also. to show there is a coin they raising money to continue to dot events. happy to give information to our secretary so he can make it available.

it says san francisco police memorial electron gone but not forgotten fallen heros. impacting. and also it is lunch for the folk who is have been killed with gun violence. many of the case remain unsolved so00ue know i think it is important we look at a had a conversation with some of the folk in homicide about when we discussed here brought by the public. folk who is come and are hope thatting we are look at their cases that have in the been solved. looking at different solutions for rewards to encourage the public to help us solve the case. we do when we can to make sure we solve this for the families of those who lost people. >> i have been meeting on

goingly with the department staff around looking at when we have in the past had partnerships with private security in the form of the patrol specials. the twhon standses out is the warner patrol in the castro temperature is know opportunity to make that program work. to deal with the issue this is we talk about regularly of coordinating with the different front upon end departments. folks responds to mental health issue and addiction issues so receives can focus more on the sales and criminal activity. i'm excited and i think staff is, too, about this potential and using it as a tool on goingingly to help us really refurthermore and do police nothing the new way we need do in this day and age.

i think we are focussed on that and i'm excite body working with the department on that. i also have been talking with i believe it is interim or acting assistant chief around getting more women recruits in the department. we mitted 3030 and it is important we work with other women's groups in san francisco in the political arena to i often said when i'm in conversations with people. women are getting involved in making laws now we have to encourage them on help us enforce them temperature is important we have more women on the force to help with community policing and realist lift up the folks that are in the department. you know promoting and encouraging participation in -- different trainings and i'm

really committed to doing what i can and appreciate the out roach we will include the commission on scientists women and san francisco women's political caucus all interested in helping us have the conversation in the public. thank you for including me, appreciate it. >> i think that's it so far. yea. that's temperature thank you. vice president carter oberstone. >> 2 quick updates from me. last week i believe we had our first work group meeting for dto810 first amendment surveillance activities a good first meeting with great and diverse group. next meeting is scheduled for may 19th. have not scheduled them all but hope to get schedule nailed down. looking forward to that and the only other update the end of

this month or the last meeting of this month. i plan to introduce a resolution to rescind department bureau orders issued. i will not belabor the points. my feeling the orders encroach on the commission's policy making authority and illegal. so00 eye will introducing a resolution to do that later this month. >> >> this briefly i want to say, may is asian-american pacific island were month. recognize all the the members of sfpd and the city workers keeping us safe in our city. thank you very much. thank you that was in my notes. to put that. yea. put that of thank you. >> thank you for remining me i appreciate it.

sergeant? mechanic who is would like to comment on item 7 commission reports approach the podium. there is no public comment. >> item 8. dpa presentation audit of department communication for biace discussion. audit. >> award winning team.

>> good evening. commissioners, chief scott and members of public i'm steve. the director of audits department of police accountability. tonight i will present on the key issue report on sfpd monitor of department of communication for bias. we issued this on march 20 of 23. this report is part of our audit of sfpd handling of officer misconduct. >> can you speak in the mic it is difficult hearing you because of the event outside. ? sure >> thank you. the second key issue report part of our audit the first on the sfpd misconduct and discipline presented become in december of 2022. the purpose of the key issue reports to bring to the attention of the police commission come sfpd issues needing attention tow correct of action can occur before our full

audit report is issued. >> so. a quick over view of the report object and i have why we do it charter requires audit sfpd handling of officer misconduct part of this how sfpd handles allegation of officer bias. sfpd communication audits part of efforts to addresses practice reflect biechls internal, faris conducts quarter low audits of communication devices and police department policy establish suggest internal affairs unit order 18-02 this exists because of the and d. justice recommendation in 2016 the doj found the police department did not conduct audits following incident in 2012 and 15 officers used bias language and texts as a matter of discussion.

the california department of justice cited 18-0 to electronic communications in finding the police department to be in compliance with the united states d. justices recommendation. >> high level this report contains 4, i will discuss all 4 tonight. the issue one concerns the efficiency and effectiveness of monitor processes. issue 2-4 concern compliance with 1802 compliance for maintenance and reporting. >> on this slide we will decide issue one. we found the vast major are you false positives based on the sfpd bias communication reports published 19-21. the image is from common one on page 2 of the report. the machine torprocess detect

bias word on accounts. due to limitations internal affair personal need to manualy review every hit. e mails are vast majority of hits. the police department stated the monitor system causes false positives it flags e mails with bias words in a large are word if the word is fun the system send e mails with the word funeral for review. police department said other false positives e mails to all members daily crime sum row and press clippings. the e mails are police department purpose the communication generated false positives word on the bias word list. risk to the police departments false positives create work for investigators and take time away from other assignments.

many false positives cause investigator to be desensitized to the hits, letter fatigue >> >> issues 2 and 3 concern 1802 to ensurety program is current. requires the police department review the bias word list and lives cell phone numbers in the monitor program. for issue two the police department provide memos from may 2019, 2020 and august of 21 to evidence update to the bias word lists the police department does not have evidence with reviews periods 2019 and 2021. police department had not updated the list in i year. police department stated considers each he a partial review of the list without tracking the police department may be unable to show it removed words that cause false positives

and add new words everword was quarterly. minot ensurem pleaness of audits. there were quarter low reports they did not include detateings on disciplinary out come on investigations resulting from monitor. >> without complete recording stake holders and command staff and members and the public might not make informed decisions about the effectiveness of the

department's efforts. >> caution to remain in compliance. the police department >> the issues raised may hospital police department achieve the goals of the unit order 1802 and fulfill the policy requirements. pacific low addressing the issues may help the police department make monitor of communication more efficient and effective. and may hospital police department ensure current and complete and the police department report accurating information to the public and yourself. lastly i will discuss next steps as paul mentioned, there is one report issue part of the audit this . report does discuss police department handling of officer discipline and covers topics use of [inaudible] and

timeliness of hearings. today we provided you with a copy of this report. and we are looking forward to issuing it public low on our website by monday at the latest. said full report combine the information and contain new analysis and -- touch on topics bias policy and the police department's discipline case management system. >> full report provide the department and commission with recommendations to address audit findings. that concludes my presentation i used my 10 minutes. you >> have 2. >> happy to answer questions about the work >> i have a couple.

first great job. i appreciate the executive summary. when you say i will work back. you said that full audit will be released and so the full audit going incorporate this and one we will receive we received today? >> correct. >> will there be another audit that will also be in there or those other 2 will number the full audit >> the information this we discussed last year with public reporting. and contain the information on the electronic monitor and the information on discipline. that you received today. as well as a couple other aspects of the handling of complaints and there will be 2 new sections we will move forward including those in the final report. they will include our analysis of of the department bias policy and the analysis and findings

relating to the departments misconduct case management system. i will go become to the beginning. on page -- 3 or 4. you mentioned that the false positive. when is your solution to issue number one? do you have a recommendation or am i ruining the surprise. >> full report will have specific recommendations some areas for consideration reviewing controls over monitor motor forms. we pointed out things with the e mail system looking in the department.

the way the department presents than i will to be over inclusive we don't think about the backside. the machine hours that go to reviewing each department to show compliance. the incomes astounding in the consent calendar today the numbers goes from -- 22 or >> it is my understanding every offer issue cell phones? is this right? >> as far as i know. >> chief. >> that is correct. why are is not sfpd ensure the

department issue cell phones enroll in the this monitor system and -- how many are not? do we have a percentage number? >> can that weres we don't have a percentage number don't have that informing. when we were told. the policy itself requires the risk management office and d. technology to meet to make sure this cell phone list is updated. those meetings were not occurring. what was happening the vender told us they were taking it on themselves to enrole in the monitoring program than i were not required to do so. vender not the department? >> okay. we don't know yet meetings stopped helping. >> why? and why the meetings which coordinate or ensure the department issued cell phonesir

enroll in the this monitor system. i did the none the vender was dog it on their own. cell phoneers registered to the system that's how we get the data we with look further into this. my understanding every cell phone has the admonition when you log on and subject to monitoring. you know. we were told ay belief this happened automatically upon procurement of phone the vendor said than i took it upon themselves to enroll them in the system and would do that after an order and would check for any member this is did not have the service a few times a year. 10ing nog did not receive confirmation when it was enrolling the devices no other checks to ensure it was enrolling the cell phones in the

monitor system. >> okay that is something we can look into and let us know. >> definitely. >> okay and i think it would be helpful because the full odd sit so far away would be helpful to have solutions or suggestions in terms of some of the issues you raised so we can if there is solutions we can implement as a body. >> i'm ruining commissioner benedicto surprise. >> one thing in page 5 is another consideration. might be excluding e mails from monitoring the press e mail address or the address that sends out daily crime summaries. that might be a way to reduce that number. >> thank you for your presentation i appreciate it. >> commissioner benedicto. >> thank you for the clarity of

the report. so -- i'm looking forward to this is what president was saying as the audit on dpa i met about this. audit last month. i'm excited to see this come before the commission. i'm pleased our 2 time award winner did interim reports we get them before the learning audits it is upon the commission to not wait for the full reports to take action and take action when we see the issues, rise. and think when i stall this audit, it seemed positive in, let of the issues felt fixable with fault positives or updating the cell phone list i wanted roll up sleeves and make sure we are acting on these so that some of the gray and yellow boxes deserve a green check mark are

rare we get to achieve those. and i feel like -- that this is a rare case where long experience of doing document reviews come in handy there are a lot of ways that law firmings use to weed out false positive and filter out unnecessary types of messages looking for the to end lending this expertise. i spoke to department of policy and affairs department. and also and we will convene a fwrup that will tackle the issues that will include dpa and director. no one yes. no one kwu were updated and someone from the technology division a lot are fixes and work on getting them looked into

which i think they are solvable and there is doable and not worth wath looking forward to doing that andment aring back on this audit yoochl great. thank you for that update it is helpful. in terms of giving us an idea of identified the problem we can turn out the solutions and get them fixed. vice president carter oberstone? >> thank you, president elias and thank you director and congratulations on the award. in the report you mentioned that the reporting that the department is dpoog for the commission is incomplete. can you provide more on what is miss thanksgiving should be there? >> sure. the policy that governs the program has a different reporting requirement in it. one of the requirement system quarter low reports.

we found the quarter low reports the police department issued does not include the total initial hit and a number determine to be potential low bias. the quarter low reports don't include the disciplinary out come of the investigations result from this monitoring. and in addition, there is a requirement in the policy for year end reports. i don't believe we does not find them that were presented were issued. do you know why the reports don't include the disposition of disciplinary cases. the -- cases that have gone to develop. this is something we can fix. often are -- not in the same

quarter that the >> reporter:ed for it is reported for the quarter. later if there is develop there is a way we have not done it. we can report if there is develop. the commission asked before in public session about the case ruin the discipline. there has not been that in the report we agree. we have to make sure that we clearly dliniate these were prior reports. the dispositions are initiated from. thanks. some of the, that you point out with over inclusivity seem to someone with no technology expertise not that hard to fix like about the e mail sent out

regarding the january 6 insursxekz how that gent ritted e mails. i think you say eccruding e mails. are updated appropriately periodically. i saw on the report if you discovered internal memos requesting the list updated and also you said that may be the list is not being updated as it should being can you clarify.

we were provided with memos that evidences the word list. 3 we received one in may of 2019. the second in may 2020 and the third in august of 2021. department did nohave other memos that evidences the bias word list. the may 2020 memo that we reviewed stated the police department had not updated the bias word list in a year. likely the department did not review during that period. manage this needs to be updated a lot. i'm thinking you know you know do change over time. don't change.

part of the audit we search how fast language changes. it changes all the time in our interviews with staff we were told that the words are evolving and meanings change and even word that a word can have double meaning. >> thank you. the questions are difficult to answer in terms of execution. that's yu are not getting the execution i'm happy to answer the execution answers relate to audit stuff the issue is a lot of those are baked in the recommendations on the factual evidence from the audit. you will get the direction but not the complete do this.

evidence based methodology to the commission. so we know exactly what the problem is and what some of the general recommendations could be. it is relevant we talk about budget and the police department time and over time had -- even the simple things and all you have commented on in terms of some of the false 99.7% i waste of time. 3, 809. false reports i % is accurate is part of the program temperature is a glaring opportunity to work more effectively. it saves dollars and officer time to do things.

and if we are able to now we continue. we know what the problem is. if we incorporate more heavy monitor system it frees update time and the department's budget to focus on things that could working rather than a process not neileding very much to the department or public >> i'm glad i thank commissioner benedicto on create thanksgiving group to tax emthe member and audit results you provide today is important it it is neutral committee second prong would be the working grouper group that the commissioner is putting together to address with the department.

the audits based on real things happening in our department. i know sometimes say, you know not yielding result and all that. the purpose is we should not be doing and saying these things on department advice. every time we hear. thereupon is we never -- i hope this it is an effective tool for us to do that. and the other thing it is -- i

will save that for later. the inning tifs of having false positives the down sides of having false positives how do we than does not mean the system is has deterrence value the fact that people know that they are being watch side causing them to behave better on the department phone and that's why the percentage of hits gone down. and we didn't evaluate. the audit is focus on

effectiveness of the program as exists. great. thank you. wroo thank you. sergeant? >> members that would like to comment regarding item 8 approach the podium. there is no public comment. item 9 discussion to approve the department general order 2.02 alcohol use by members for the d. to use in meet and conferring with the bargaining units required by law. did not recognize you. chief scott and members of

public with me the expert acting commander robert yi k and jessica twang. >> welcome we will had a chance to rerue the dgo i will open up for commissioner questions. and then we will take it from there. vice president carter oberstone. >> thank you, president elias. i had a question. have you consumed alcohol, under the influence or impaired by alcohol than i trigger different things. if you are under the influence that triggers a test if you are imper sed that triggers an

investigation. standards different. >> we separated the definitions are you talking about in the definition section. why no to be clear so -- at the top of page 3. when suspicion under the influence they get tested. under the spluns of under the influence could be not below imam paired. could be you had like a sip of beer. but not impaired butt thing this trigers the investigation is you are impaired.

we could use -- both words with that under this section. for the reason for the alcohol test. we careful low chose the word under the influence because -- that's the standards. if you are under the influence. that's not acceptable. therefore we would subject to you an alcohol test. right. okay. one other aspect of the policy. about going from off duty to on duty status. so that is under the policy section subsection g, 3g on page

2. >> this is not setting aside the emergency activation. your normal shift not off if you are impaired. and -- so -- this also seemed like a not an obvious way. not an obvious accomplice to draught line. so. if you have consumed alcohol off duty. but you are not impaired you can account have a. but if you are on duty and you consume an aim of alcohol that does not impair you that would violate the policy. 2 people consumed the same amount alcohol but one happened do it before they activated on.

and then one would, you could have 2 people that are have the same bac level. one would have violated and the other would not because of a technicality had their shift helped to start. i could have this wrong that does not make sense to me. >> yea. i will clarify. before that, we had a lot of discussions about your first question and why we chose certain words and those were with the doctors i want to give her a chance to respond, >> welcome, doctor. >> the throw different word usage is can be confusing that is why we had a big discussion about temperature i think the intent of our conclusion of our conversation and inteblt of the

baptist we don't want any drug use for for members on duty. and over this.02 limit is when

we consider we see the general population having impair am >> that is helpful. so just to give my hype thetical in a different way. imagine the same person and same alcohol metabolism and shift starts at 9 a.m. if one day they have half a beer at 8. . 59 a.m. and start work that is permissible. they are in the impaired. if they had this same bore at 9. . where are 1 a.m. they would violate the policy they consumed on the job this is a weird line to draw. you have the person who is one violated the policy and the other has not.

why don't we define a bac level that is okay or not okay rather than or do we do that? we do. >> okay. great. the first request why do we draw the line that way. what du want me to ask again? >> i should have not asked i double question. my question about the hypothetical someone drank half a year at 8:59 a.m. they are not in violation if someone did 2 minutes later after their shift starts they will be in violation of the policy. and i guess i'm just why do we draw the line in that way.

i don't have a good response >> part of the language we had to go through the mou. the existing mou and conflict and if you go to the current mo nushgs accomplice now. i don't thank you language changed on page 22 a section impairment and all this. we use the language the city agreed to and we felt revised that we needed to use the language the city had agreed to on this issue. you look at the mou the city has with the association this language is almost word for

word. i wanted a shot to answer, too. >> so, there were comp populations. there were comppations together we honored the language and i think that come become by the definition. we went in with the spirit it is in the okay to be drunk or under the influence at work. and i think this we did a good job of trying to cover. using the language in this this makes sense the question about g, intent is for off duty members to give guidance. not about the on duty members. we don't want someone it is fine to drink alcohol off duty.

it is legal and we don't control your life outside of work. the per of this is that if your at a county fair and you had a couple bill and see a petty violation. that does help the issue arises not in i different issue when you know your shift is starting and you drink before knowing your shift will start. if our hands are tied because of the need to conform this policy to the m oshg u, i understand this. >> i want to add to your hypothetical where you are on

duty this is not okay. we want to capture that in this also. go ahead. >>y continued is in the okay my upon point is we are treating 2 people in i dent cal positions different low. than i other same level of impaired but one will have been said to violate and the other not violate it. and this was just my only point there. but i think the claire a recollection. >> my explanation was not clear. g is for off doubt to give guidance when to activist. i could be at the county fair and not consumed and take action i can earnact police powerhouse at this mobile home. on duty no possession of

consumption of alcohol. ? your situation off duty officer consumed alcohol and came back we do have than i would be subject to a drug test we will capture that population if it ever happens or that situation. the language is in the mou you can strict in when you require? >> objective symptoms present

you smell alcohol this is a factor. but we are act on these things we abide by the agreement the city made. what does not make sense to have a policy we can't act on we are bounds by mou that says here are the things you act on and here is how you act. needed the language to be consistent. lead to more testing per mo xushgs this policy. thank you. you know i think to me it makes sense. you don't want people inviting on duty xu have control and see

temperature i think that using impairment and influence the impair am concept is really important as folk who is are working along side officers because it is a -- noticeable -- set of situations rather than a factual test result. and it leads to doing the actual influence testing. it makes sense to me and i don't know if it would be i mean clearly the impairment qualification applies when they in of if they walk in the door imper se that happened is a violation. so -- you know i don't know if you can tell people when to do when they are off duty. especially if not impairing them. more confusing if you try to say. you can't do it for a half-hour

ahead of time. or i think this covers everything and explains the situation. the witnesses as well as the person themselves. i think it make sense to me. commissioner byrne. thank you. getting become to vice president carter oberstone. an receive drink the night before and guess to work in the morning. this is what you want to discourage they'll in in come clear blow more than.where are 2. went 02 is one drink or less. it is a very 02 a rigid standard.

if they come in hung over i will blow more than where are 2 anyway. i understand the irony of vice president carty oberstone's hypo. i think the inupon tent of discouraging binge drinking the night before i person doeses go on duty is important the where are 2 is a nice deterrent. >> we tried to capture in footwork in the same section. not consume off duty before their issue signment the duty to perform duty is impaired. impaired standards inspected of under the influence and define it hoping we capture that and we left alcohol test toing chief's

point. >> can i get a motion and sergeant >> move to approve. >> second >> and attach our resolution 2330 labor negotiations. >> members that would like to meant regarding item 9 approach. in public comment. commissioner walker >> yes >> commissioner benedicto >> yes. >> commissioner know byrne >> yes >> vice president oberstone >> yes. >> i'm sorry commissioner yee yoochl yes. >> and vice president oberstone >> yes and president elias. >> yes. thank you for the subject matter expert. >> stick around. nvenlgs item 10 discussion to approve general order 2.03 use

of into being cants or drugs and confirming the bargain units required by law discussion and possible okay. y will hope it up. vice president? >> [laughter]. thank you. president. no hypos. i guess my one area of concern and men can you aswaj is this concern is under definitions b how impairment is defined here substance result in mental or physical state alter in the a way may diminish their ability to carry out the job. i'm a little corn concern third degree would cover officers taking prescription medication that is legitimate if an officer takes medication that could give them a headache or this language is brud. your doctor prescribes you

something and that something has potential side affects that may diminish ability to do the job that seems like a vague and standard implicate officers doing something legitimate. >> yea. this was also that's thank you. this it is that was something we did discuss for in many sessions for i long time temperature is heard to take into consideration prescribed medications to members they are supposed to and being imper se them. so -- i think i will go ahead and defer to the doctor, for our members that are taking medication this is miimper se their ability to perform duties they have to report that to the doctor. i will let her speak to that. >> we had this discussionism think the primary intent of this

order is to bar individuals from using drugs but of course we have any into being cants this could cause impairment fall under this. and in our daily practice, i would say if a member does have you know -- a sensation or witness on the job they have a valid prescription. they will we don't they are under favor physician oui take into consideration so there would not be a violation. we put the may word in because oui want members to be more forth coming and self report if than i feel that they may be impaired. we want top have a process in accomplice so or the option to have a process in accomplice if a member is unsure about their status while take egg drug they can transport to us. and does not i don't think it it

is necessary low to have like a disciplinary action if they are taking a prescribed medication under the direction of a physician. >> why not snail in the policy. now that person would not be wiggle room they would need to be investigated under this policy if there is a suspicion they were impaired. you know i imagine mag you know i will spare everyone the hypos imagine things where you get side affects sometimes when you tick a drug. sometimes they are more severe than others. some days you meet the thresh sxhoeld some days not and don't take into consideration for the fact that folk vs to take drugs for medical purpose and i guess i'm understand what the sentiment is. but i don't see that necessary low reflected in the policy.

i can stop or comment >> please. chief. did you want to answer. on b? yes. >> and i don't want to repeat hat doctor said is gets to the issue of when we are of trying to encourage if there are side affects your ability to be effective. dru drowsy. get home. we have it allow female make their own informed decision about whether that is the case. we have been on you know -- you

know niquil makes me sleepy temperature is my responsibility to self report but we are trying to create and get the dbo, proved that discourages that. we go out and get an a traffic accident ownership another ins debt and imper sed that is liability. prescriptions medicines a lot have to take it a lot have side affects but we want to encourage to people not come to work if the side affects affect their impair export sometimes we don't know. these are things we -- don't know what medication people are on. woo have to have personal responsibility it encourage people to do this. in somebody traffic collision

and you know -- we find out their to prescriptions and this impacted that decision. we would not know unless the person report today to the doctor we can't ask those protected questions. we have to have personal responsible. this is the spirit of this. >> a tough situation but we consulted with the doctor and respect people's privacy we don't have the ability to pry into. it it is a legitimate concern you take medication and too broad say it may impair you for upon discipline action we are under the standard of reasonable suspicion you are under the influence. impair. is defined for purposes of some

of the sections in this dgo. not falsely accusing them of -- that men is loss of a term we will not narcotic in anything until we have suspicion. >> i guess exit understand and i hear everything you said in the chief said but as i read this i don't think it is clear on the face of this if you get a headache from manage you have taken impaired or not. i don't know whether this may diminish your ability to perform the duties of a sworn officer. i see arguments on both sides whether a headache triggers this. there are other side affects this are pretty low grade and all the sudden you got officers you know in violation of policy

for a policy this is not does in the give them guidance that. i understand chief i hear you providing incentives for people and part is you provide clarity for people up front what it mean to be impaired know in veterans they have fair notice of what they are allowed take and not allowed to take. i at this point don't see this in this policy. >> and this was a very robust low discussed topic. when we went took us and long the way and one of the things the language of the minute and it is ability to perform the duties. so if i want prescription meds for migraines and impacts my ain't to react. and this is a very may be over simplified example but -- number

fwon i see that if i'm -- partner to provide and say, hey. you are not -- reacting you know -- in the way you do. or i see sluggishness or objective symptoms that gets us to -- a place where we investigate that. based on what is in the policy. i do think, though that is really hard to define. how i might be impacted by whatever medication i'm taking. may be different fru. if it affects your ability to react and drive, too use your equipment and those things that is noticeable enough. we are off to upon the command are stated off to another place.

we did have a very healthy discussion and came up with the language and the ability because we feel like should be personal responsible. some people don't realize when their capabilities are diminished but most do. when you feel goingy or like you can't drive or those things or you just, and most of the time. so that's when we rely on. >> it is very hard and to know what a person is experiencing in their individual body reokay to a medication we wanted use the capture the broadest audience and then we have in the policy and being be simple like what was going of no disciplinary

action specifically tied to the it is investigation but want to have a purpose available. not something that we will take officers off the street or something like that. >> commissioner walker? >> thank you. yea. in looking at this. i have a similar concern because in the one around alcohol tlshg is an established percentage. of being able to test and determine because there has been tests done to determine had machine is affected. so it is somewhat easier to go from one step to the next.

i agree and if it is being used as a warning and indicator to folkos dhut is a problem and than i need to be aware that is a good thing. i also have a question i'm assuming that cannabis is part of this? we treat at this time same way? has this changed since legalized? i'm curious. ir upon went at this time recruit am sum and i 1 asked a question, there is an in the testing -- because it shows up if you use if it is stale and there it is in the established levels or criteria. i'm curious how we are deal requesting that. >> we had a discussion about that today. and of we are

having more conversations. this general order covers any suburban stances, took out a list of so many out there. we tried to make it broad as we could. to capture everything that could cause impairment and that's why weep took this out. marijuana falls bo it. weave took out the tables with the number each laboratory has different cut off levels and screenings change depending on the drug and the will be running it. we wanted this policy to give us the most ability to look at each case on a -- case by case basis. but its -- everyone feel this is more specifics need to be added. i think this is what reasonable. >> t. it is harder there is in

the established levels you test for. commissioner benedicto >> thank you. i just i echo the concerns the getting w done and cho when you described the difference you did not use your per in sees sluggish driving and you know when this ability diminished have you concerns. feels like if we define impair am consumption and diminishes ability that would capture what you are saying opposed may. i appreciate the same language

amounts and like may and in the when you take >> and appreciate what you are saying president oberstone would not be used to make sure you are detected but not how it was written. if impairment were defy fined dhuchlgz diminishes would that how does this strike you that -- and the doctor? i see your point and much open to revisiting this giving you our thought process may help. >> this has been touchod. there are men things the previous dgo had tables

>> defined a limited amount of illegal drugs the categories. weep upon know that upon new drugs whoa to come up with something broader. and for the impairment threshold ment to just define it as whatever it is you are taking. we had safety in minds. safety for the public and in the work place. right for our coworkers. so when we wanted do here was define just imper sement. not the threshold for taking action.

so its -- when you have reasonable belief that they are impaired shall remove them from

duty may diminish it feels dicey. the example the chief gave are diminished. if and it seems like. i defer to the expert in the situation where you reef leave an officer for being impaired because you saw a sign of them. look for example them being diminished. seems the concern about the language if you saw an officer with a bottle of niquil they may be diminished. want to makure we are not capturing too much behavior. good point we are trying to capture state of being before the event. we don't want we upon don't want

them tordriving before we gashing hay you are impaired. i think well is a state of being that you may if -- that -- potential you are -- abilities diminished enough and we see this. before you -- safely or effectively perform duties. you have the car and firearm. of course >> trying it capture this moment and if not i open this up for the session. this is an effort to discourage. it your point exit don't think this is my opinion. i would -- if we instructor:the miand diminish.

both commissioner and vice president, we have a definition of impairment had this may clause in it. we we punish machine the midoes not fit this. this is what the problem is; right ? i think so, >> if we take out, may. it fits the truer definition and a, talked about illegal drug and prescriptions could impair. >> and to the point this was med we have reasonable suspicion the things that in the policy and m oushgs will give us the ability to take the appropriate investigative actions. i would -- be fine with instructor:the michanging that to diminishes. and i think that solves the problem.

you sdoen need to wait if you see and think than i are diminished you think than i are you could then proceed with the policy. this is know award winning recommendation. i grow with all of that the other vagueness there is no qualification on diminishes could be a small aim of diminishment. i think this is the other pos the miis weird it rope in people are not impaired at all. but like i would feel have you to say something like >> material low diminishes. >> okay. otherwise that was the other piece i thought would untheirly include folks that are

legitimate low >> you don't always agree there is a qualifier here. i appreciate as like a lawyer you want to draft but the qualityifiy there if you are diminished you have i migraine but not the level of safely performing duties. the way this read system if you are diminished went 000 within % this will questions of law fay as impair am. in the describe the amount >> amount of diminish am does in the raise to you not safely

perform. it is indirectly everyone hates lawyers. but -- i agree no word modifies diminish but the clause when you read it as a whole if you are opinion 0001% yes thunder cluz but ability to safely perform has not been [inaudible]. this is why i think we should give dgo's a few days we could work this out before it gets here. that is why i think you need to qualify the word diminish here. weigh in on the 2 great legal minds. if we were talking about a bac level i think you have a point if we are talking about any type of drugs where you don't have

this -- you know -- cannabis or in other controlled substance we will not have a bav level you will get the toxicology report to say that -- and not a b, c level. but if this were a criminal standard. somebody was -- under the influence from say -- cough syrup. if somebody is driving and infected but what they have taken we laya out in articulating what the behaviors are that we believe they are

unable to safely perform duties if they are slow in motions or whatever or -- can't community or falling asleep. those are things we can say -- safely -- it affects the safely and effectiveness of the ability to perform duties with drugs more so than alcohol we don't have the level this we are able to -- i think to the commissioner's point our calls to do this for a living are good ata. >> i think this standard is the spirit where we are going and like the i know these are not criminal cases, they could be

that's how we have to do if somebody is under the influence of drugs. you believe they have been impaired. in is the same spirit of this. >> did you make changes. i will make a motion to adopt the order with the ma'am of under 2.where are 302b, instructor:ing the frizz, may diminish and replacing with diminishes pursuant to the instructions and police commission resolution 23-30. can i ask the city attorney whether we can make that ma'am live or whether it is substantive? >> you can make that motion

here. >> okay. >> thank you. >> i have a second. sergeant? >> member who is would like to comment on item 10. approach the podium. >> no public comment. on the motion commissioner walker. >> am yes. >> commissioner benedicto. >> yes. why commissioner byrnes. why yes >> commissioner yoe >> yes >> vice president oberstone. >> no >> president e lies. >> yes. >> 11. discussion and action to adopt revoice general order 5.24 disengage. procedures discussion and possible action. row have lieutenant anderson who is virtual.

>>llowllow, hello, welcome. >> good to see you again. >> chief. all right. i'm going to open up i'm assuming everybody are federal if than i have questions they can ask you i want to take this opportunity dmoenld you and the working group and the program for all of your amazing work have you done. and like dpa it is an award winning program and recognized and noted boy other departments and jurisdictions through the the country row. i think this if people have not headlight opportunity to they should reach out to the lieutenant and take a preview of the training course t. is -- i'm

hoping not the noir department is in the 40 hour trines but moving close to this goal >> we are getting there. before it goos i like to introduce lieutenant anderson virtual. welcome. thank you. lieutenant. >> anyone have questions about this dgo or have you done such a spectacular job you silenced all these people. >> great let's do temperature i want to thank director policy kaywood. the c it unit. inform third degree sergeant colleen and lieutenant anderson

did tremendous work. and than i should be on the same side in issues this was a great example of something collaborative and productive coming out of the relationship with sfpd and dba i comment everyone. i heard this we found a secret policy sa van in lieutenant anderson and i'm sue tell be helpful. but -- i do want to commend everyone and i want to commend the bargaining units i was concerned when this was passed. languish in meet and cover fer it took longer but came out quickly out of need middle east and conifer. i will make a motion to adopt

for final adoption department general ord5.24. >> i know in our packet we have the version that has xxx. does not have the number is this a problem? we continue is 5.24. >> it is. >> it it is adopted when the last meet and conifer >> great. >> chief? second. >> >> thank you. i will be quick. commissioner benedicto said thanks to a lot of people that were involved and i want to thank the team this . lieutenant, this is a policy that took years. there was a lot of research and discussion and cooperation and legal discussion in terms of the case law and stuff tloik that were bruto the table and others. it was a lot of w we were in on many discussions and the entire

steam including mario melinna our upon wd folk and this was a long time coming. thank you. thank you for the support dph prosecute voided the unit. good to skr a lawyer in the room. and when we ask questions. >> no one ever. >> sometimes. >> but -- and also the city attorney for support. and dgo. thank you, everybody. >> thank you, >> good evening i sat through this long agenda to be here to thank the cat unit they are

incredible police officers. they are better human beings. this was the smoothest policy press i had in my continue year dph. and i want to thank lieutenant. lieutenant anderson the expert on disengagement. he is brilliant and an example of the 21st century popular wed with dpa, 47ly, open and helpful. and i would be remiss if i did not mention sergeant colleen. often times let's her partner shine and take the lead but she is incredible and she is really the one this forged the great rep with dpa and she is smart and thoughtful, and a wornful

person as well. i can't thank them all enough for this mooth pol process and we are proud of this dgo. the first in the country on disengagement so everybody is clear it is in the depolicing this does not mean police officers don't do their job it is a tactic to leave a scene and come become in a safer time and save counsel little lives. thank you, everyone >> thank you. >> it is because c it trained. lieutenant before we take the vote turn it over to you if you have final words other than you volunteers to be our policy writer you in? >> thank you very much. and i then and there it is a long time coming i think it 1 and a half years we have been working on this. i want to give credit to everyone involved. it was not just myself.

i want to thankllow lute for his leadership on this and allowing us to run with this. and all the other sfpd members. this was not something that our unit put together we asked for opinions on this. and we think that we have a really good policy exit think this will be a standard for a lot of police departments. sergeants. >> members that like to comments regarding item 11 approach the podium. there is no public comment. on the motion commissioner walker. >> yes. >> commissioner benedicto. >> yes. >> commissioner burn. why yes >> commissioner yee. >> yes >> vice president carter-oberstone >> yes and president elias. >> yes. 6 yes's.

>> 12 discussion and action to adopt the general order peace officer right and developary investigations discussion and possible action. >> back gaevenl of me again. everyone's read it questions for the manneder on 2.08. letting you get off easy can i get a motion >> move to approve >> second. >> members who want to comment regarding item 12 prop the podium. well is no public comment. and commissioner walker >> yes. >> commissioner benedicto. >> yes. commissioner brn. >> yes. >> vice president oberstone >> yes >> president elias. have a great evening yoochl thank you

>> the left one can we thank the work and the dgo. i want to -- make sure i acknowledge that. very helpful the stuff he did with dpa. thank you, mr. bets. no worries. >> thenful discussion and possible action adopt the general ord8.01 incident evaluation and notification discuss and possible action >> this came become yoochl good evening. president elias and vice president oberstone and commissioners. chief scott and the public i'm danielle the department chief of special prescription's bureau the executive experience for 8.01 i have our expert here with us lieutenant kim from special operation's brewo. >> can i get a motion >> move to approve yoochl

second. >> >> go ahead. members like to comment. >> sorry before we have comment i fop recognize jermaine jones not here tonight for his work on this. i then and there he was instrumental in this policy in terms of making sure that certain provisions reflected recognized best practices ammed to thank him and everyone who is here tonight. >> i want to'd a quick thing i said this left time there was a 5 year period prior to 20126 remember pass immediate a year and this commission passed 3 for final adoption tonight and 2 to bargaining. thank you to the dpa who is part

of this process. our subjekel matter expert and the folks involved in getting this pol to you. >> thank you. appreciate it. >> wait, sorry. >> i want to spread the thanks that's all. [laughter]. this is again, commissioner benedicto thank you. i want to say thanks to the folks written and directive. we had our challenge and including staffing but they have been turning the dgo's out. we have been held accountable and will get better from here even better. some of things we are put thanksgiving accomplice. i want to thank captain and the captain, sergeant and walk are embarrassly and gloria.

people hor turn thanksgiving work out and get thanksgiving on electronic and i think tell get better from here. i wanted thank them as well. >> great. >> thank you. sergeant. >> members of public this like to comment on item 13 approach the podium. >> no public comment on the motion commissioner walker. >> yes >> commissioner benedicto >> yes. >> commissioner burn. yes. >> commissioner yee >> yes >> vice president oberstone. >> yes. president elias. >> yes. 6 yes's. >> thank you yoochl 14 public comment on all matters purtaining closed session and item 15 vote whether to hold 16 in closed session. if you would like to comment prop. >> there is in comment. 15 vote on whether to have closed session including attorney/client privilege with item 16, action.

>> motion to hold item 16 in closed session. >> second. >> on the motion commissioner walker. >> yes. >> commissioner benedicto >> yes. >> commissioner byrne. yes >> commissioner yoe >> yes. vice president oberstone. >> yes. >> president elias. >> yes. >> 6 yes's we will go in on the podium. [music]

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