tv Sheriffs Department Oversight Commission SFGTV September 8, 2023 12:00am-1:31am PDT
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>> the meeting is called to order at 211 p.m. on behalf of the sheriff department oversight board we like to thank sfgtv to broadcast and moderate the meetingism you may view the broadcast on cable channel 26. please stand to recite the pledge of allegiance. >> i pledge allegiance to the flag of the united states of america, and to the republic, for which it stands, one nation, under god, indivisible, with liberty and justice for all. >> would you please call the roll?
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[roll call] we have a quorum. would you please call the first agenda item? >> line item 1, general public comment. the public is welcome to address the board that do not appear on the agenda. comments are opportunities to speak during the public comment period are available for members of the public who are present in person by approaching the podium, or those joining remotely by calling the number shown across your screen, 415-655-0001 and entering access code 25973005252. when public comment is announced for the line
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item or general comment, follow the prompts will be added to the queue. when you hear the moderator say good afternoon caller, you have two minutes, this is your opportunity to comment. you have two minutes for your comments. once your 2 minutes ended you will be moved out of the queue and back into listening unless you decide to disconnect. members of the public may stay on the meeting and listen for another line item to be called and pressing star 3 to be added to the queue. >> good afternoon. september 1, it is great. starts with a the sheriff--most people know me here from the board of supervisors. i've been speaking a lot. i think it is
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necessary. the second time i address you guys. i don't know if you remember me with my french accent. my name is jerry. i came to tell you that the sheriff has a specific role to play to protect the government's officials. the problem is, you have to make sure the government is [indiscernible] 1 minute 6, it goes very fast. no matter what, because it is plain to see there is a problem here. we have division. it isn't going to work. the goal-the reason for being-everything is happiness. you can't achieve your happiness, your reason for being without beauty, that is everything that goes against such as
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ugliness. it isn't going to make you happy. nobody. [indiscernible] is not serving the people. one thing, nobody wants war. nobody. do you? how come the government in san francisco doesn't say anything to at least try to have peace? for example [indiscernible] second thing, last thing, i told the mayor, mayor i told you twice, in order to try to solve the problem you push to promote all the city the concept of responsibility and critical thinking. how come we don't [indiscernible] how come? please, pay attention, sheriff. [indiscernible] we see what happens with the supervisors. keep speaking for everybodys happiness.
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have a great day. >> thank you. >> thank you. >> we have one caller on the line. good afternoon caller, you have two minutes. >> hello. my name is michael petrelis. i spell my surname so there are accurate minutes on this meeting. i filed a complaint in april with the sheriff department against officer andrew martinez, because i believe he had harassed me before the meeting started and he chilled
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my first amendment rights. i video taped his interaction with me, this lieutenant martinez. i filed a written complaint with internal affairs at the sheriff's department and then after about four weeks of never hearing from anyone at the department to ask me any questions about my complaint, i received an e-mail from deputy kevin mcconnell telling me that they have conducted an internal investigation, again, without asking me a single question, and they absolved their colleague of any wrong-doing. i mention this because it is one more reason why we need this commission to get its act together. hire the inspector general. start investigating citizen complaints. we have waited years
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an unconscionable number of years for this commission to address the abuses of the sheriff and the deputy. we cannot wait much longer for you guys to hire someone and get that person up and running as the inspector general. basically, what we will eventinally need in san francisco is a law enforcement commission, instead of one commission for police department and one for sheriff department, we need a single law enforcement commission. thank you for listening. >> thank you caller. >> no other callers.
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calling line item 2. adoption of minutes, action item. review and aprov the minutes from sheriff department oversight board regular meeting held july 7, 2023 and special meeting held july 27, 2023. >> i move to approve. >> second. >> for members of the public who like to comment for line item 2, if you are present please line up at the podium. those remotely call the general number and use the access code appearing on the screen and follow prompts to be added to the queue. we have one caller on the line. good afternoon caller, you have two minutes.
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>> hello. this is michael petrelis again, and i want to address the draft meeting minutes from thursday july 27. i see here that there was no general public comment and then you went into closed session, and again there was no public comment about go nothing into closed session. i'm very concerned about the lack of public engagement and public comment about this meeting. and then, you went into closed session and it says here, discussion
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in closed session will not be disclosed. this terrible lack of transparency has to be addressed. speaking as a person frustrated and trying to get some investigation, some independent investigation at the sheriff's department, to see that your commission met in july behind closed doors. this was about the inspector general and there is no public that was there, no public comment recorded, and what was discussed will not be disclosed. boy, this is a reason why so many of us are distrustful of any government oversight of law enforcement, because we just do not see transparency and it is crucial that there be transparency about what you are doing on
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this commission in closed session, because we have no idea when we will get the inspector general. please, tell us what happened at that meeting on july 27. thank you. >> thank you caller. there are no other callers and no other public comment. calling line item 3, nomination and election of officer--wait, sorry, we didn't vote. on the motion to adopt the minutes- [roll call]
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the motion passes. the minutes from the regular meet ing held july 7 and regular meeting and special meeting held july 27 are adopted. now calling line item 3. nomination and election of officer. discussion and action item. nomination and election of officers to serve the sheriff's department oversight board from october 2023 through september 2024. pursuant to sheriff's department oversight board rules of order rule 1.3. >> nominations for the office of president? >> i nominate julie soo. >> second. >> are there any other
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nominations? do we take public comment before voting, dan? for each office separately? >> for members of the public who like to comment for line item 3 on the office of the president, if you are present please line up at the podium, otherwise, those watching remotely call the general number and use the access code appearing on your screen and follow the prompts to be added to the queue. there are appears to be no callers. we will take the vote for line item 3, office of the president. afuhaamango is aye. member brookter is aye. vice president carrion is aye.
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nguyen is aye. member palmer is not here yet. member soois aye. president wechter is no. by majority vote, member soo has been elected president for the next term commencing october 7, 2023. congratulations. >> congratulations. >> open the floor for nominations of vice president. >> i like to nominate vice president carrion. >> second that. >> any other nominations for the office of vice president? hearing none-- >> for members of the public who like to comment on line item 3 for the office of vice president, if you are present line up at the podium, otherwise
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those remotely call the number on the screen and follow the prompts to be added to the queue. there is no callers. we will now take the vote for line item 3, office of the vice president. member afuhaamango, aye. member brookter, aye. vice president carrion, aye. member nguyen, aye. member soo, aye. president weckter, no. by majority vote, member vice president carrion has been reelected to the office of vice president. your term recommences october 7, 2023. congratulations vice president carrion. >> thank you. >> calling line item
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4, recruitment and inspector general discussion and possible action item. dhr will appear to give a update on the ig recruitment. >> good afternoon members, president weckter, vice president carrion. department of human resources sent out the questionnaires to qualified candidates and received the responses thatnded the 25. the responses have been forwarded to the board and i believe we'll discuss that further in closed session later in this meeting. >> thank you. received. >> can we ask you in this session to put on the record how many applications were received and how many we have to consider? >> not in open session, no.
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>> okay. >> great. >> for members of the public who like to comment for line item 4, if you are present line up at the podium otherwise call the general number and use the access code on the screen and follow prompts to be added to the queue. one caller online. good afternoon caller, you have two minutes. >> hello. this is michael petrelis again and i'm greatly disappointed that there is not a substantive discussion taking place right now before you go into closed session about hiring the inspector
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general. the fact that we can't learn how many have applied for the job or how many have submitted answers to the questionnaires is really harming the public trust in what you are doing, or what i should say, what you are not doing, and that is not giving us transparency. it is really not just the lack of transparency, it is the extreme lack of urgency. we are in september of 2023 and this commission is still dragging its feet on getting us an inspector general. i need to repeat that at some point san francisco needs to merge the police commission with the oversight body of the
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sheriff's department and let's also look at oversight regarding the district attorney's office. we need a comprehensive single law enforcement commission where we the people go to a body with power and voice our complaints, where we list our complaints against the various law enforcement agencies at the local level in san francisco and how crime is not coming down and the trust in law enforcement is also declining. please tell us what the heck is going on with the inspector general's search. thank you. >> thank you caller. >> i like to mention that the commission and hr, dhr is required to follow several
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different employment laws, which protect the personal information of some of these inspectors, potential inspector generals and applicant, and we have been abiding by that and therefore we use the closed session to insure that information that should not is illegal for us disclose is not disclosed. >> and just to add further context to that, we have been since beginning of this year as we were going through this process, dhr, been transparent about the timeline it takes for the interview process and just gathering information. we are going by standard timeline. >> no other public
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comment. calling line item 5, public comment on closed session. public comment on all matters pertaining to item 6, below, closed session. for members of the public who like to comment pertaining to line item 6, closed session, if you are present please line up at the podium, otherwise call the general number and use the access code on the screen and follow the prompts to be added to the queue. good afternoon caller, you have two minutes. >> because you all set a calendar for yourselves this year that you are following that calendar. it is unacceptable that
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we the people are still waiting for not just transparency, but urgency! where is your sense of urgency on getting more public engagement at your meetings and also the urgency that is needed regarding hiring this inspector general? how much longer must we wait? it is now the 9th month of this year and we have no idea even what the number of applicants is. you all are hiding behind the bureaucratees of personnel laws. i do not believe that you're going to violate those laws if you tell us three or 30 people applied for this position. really, the lack of transparency here is
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harming community accountability and law enforcement and now you are about to go into closed session about this and we are going to have to wait who knows how long you will be in closed session. we have to wait until you come out of closed session to make public comment on the other items on your agenda. you really should have put this item for the closed session at the very end so that we could hear the report that follows this item and also be allowed to make general public comment on that. so, please show some urgency here. thank you. >> thank you caller. >> if it were up to me we would disclose the number about the number of candidates, but i can't compel dhr to provide that information. we have to abide by the laws as interpreted by our deputy city
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attorney, so my personal feelings do not trump the rules they are following. >> there are no other callers. line item 6, closed session on public employee appointment hiring sf admin code 67.10b discussion and possible action. inspector general, possession established by sf charter section 4.137 to head the office of the inspector general. at this time we ask members of the public to vacate the chambers so we can have our
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>> calling line item 7, vote to disclose discussion on closed session. action item. vote to elect whether to disclose any or all discussion on item 6, closed session, san francisco administrative code section 67.12a. >> can you please read off the motion of commissioner soo? i see, okay. so we don't have to- >> we are not disclosing in closed session, accept that the board came to a consensus as to the interpretation as to law enforcement agency under the charter. and that is-- >> that is law enforcement agencies consist of police
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agencies and sheriff departments. >> just a note for the public edification, we are continuing ongoing recruitment process so we will be conducting that further next month. >> is there a motion not to disclose closed session? >> so move. >> second? >> second. >> alright. members of the public who like to comment on line item 7, if present line up at the podium or otherwise call the general number and use the access code on the screen and follow the prompts. >> good afternoon. i have a quick question. has there been consideration setting up maybe a committee
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on the hiring of the inspector general so it continue to go on-because you all meet once a month. maybe the committee could meet every two weeks in order to speed the process. i heard another gentleman call in and i know we want to get this resolved so we can start moving ahead, so that was my question. thank you. >> we do have a process in which commissioner soovoted to be our president starting october, she's the liaison directly working--weekly with dhr to make sure that we are on track of the timeline and that the appropriate information is being sent to commissioners. the commissioners to avoid--make sure we do everything correctly, we don't discuss things outside, only our amazing clerk here
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will send the information to us so we have a opportunity to review everything and have a more thoughtful engaging conversation here. >> just to add, we did have community meetings. unfortunately a number had to be canceled for lack of quorum but we got feedback from the public. that also came to inform us what kind of questions we wanted to ask our potential candidates, how we crafted the job announcement to begin with, and had closed sessions during the regular meeting to get updates and have a discussion with the department of human resources and as well as our city attorney and then we had additional separate closed sessions on the recruitment as the inspector general specifically. >> we greatly appreciate you coming here and being engaged in this process and welcome you back. >> good to see you again. >> yes. i recognize her.
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>> there is no other public comment. we'll take the roll for the motion. member afuhaamango, aye. member brookter, aye. vice president carrion, aye. member nguyen, aye. member palmer, aye. member soo, aye. president wechter, aye. the motion passes. calling line item 8, presentation by the department of police accountability dpa. information item. submission of 2021 and 2022 yearly statistics regarding complaints against sfso received or handled by the dpa including:- anonymized
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statistical data that includes the total number of complaints dpa received from the public and the sfso - the types of allegations - the number of dpa's open sfso investigations - the number of complaints returned to the sfso for investigations - dpa's recommendations in all the cases it closed that year - and demographic information such as the age, gender, ethnicity or occupation of all complainants and investigated uniformed sfso members. >> good evening. >> thank you. good afternoon board members. let me apologize saying between you and a long three day weekday. my name is marshal kind for the benefit of the public who may not have tuned in into past meetings, i am a chief of staff for the department of police accountability and our role currently is to provide civilian oversight for issues of sheriff misconduct while this board builds the new department. our congratulations to
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president elect soo and vice president carrion and congratulations to the board members appointed this year, board member palmer, board member afuhaamango and vice president carrion. look forward work wg all you as we continue to try to build this new department with you to support this board as well as hopefully realize your vision very very soon. i'm here to present on behalf of the dpa. little bit about our work. we are always pleased to be able to present the work that we have been doing for the past nearly 4 years now. as you will see, we started with ad hoc requests back around 2018, 2019 that developed into agreements with the sheriff's office and we now have a working agreement that defines the areas in which we have jurisdiction to investigate. we included in
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appendix that basically lays out those areas that we have jurisdiction over investigating. as you all know, we started without any commitment of resources or funding, so everything was built on borrowed resources, but as you will see in the presentation, over the past 3 years we have really ramped up and built in particularly accelerated over the past year our capacity for taking on more work and more investigations. our output. our reporting and our data capabilities. so, without further ado, any there are any particular questions i'll present a overview of our investigative work over the past two years. as requested, we have prepared data for open and closed case statistics, complainant demographics and break 37 down of allegation
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types. the 2021 data we included to compare on open and closed cases in 2021, we did not start using the current case management system, which was built around 2018 until mid-year to later part of 2021, so a lot of this data was added afterwards. the case management system was also built specifically for sfpd cases around the sfpd processes, terminology and definitions, so it wasn't something that was a automatic fit for sheriff cases, but we built processes to make the case management system work because it is better to have all this data automated then not in a automated system. that decision was made in the middle of 2021. what we ended up with however when we looked at the 2021-2022 data was some of the terminology and classifications used entering data in 2021 was slightly different
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then 2022. for example, classifying referrals, which is what we call cases that we receive or report from the public or the sheriff office about a misconduct case that we ultimately determine that the dpa does not have jurisdiction over under the letter of agreement, and we end up referring the case back to the sheriff department internal affairs unit for investigation. that can sometimes occur on its face when we look at the complaint itself and clearly not within our letter of agreement, but sometimes that takes a number of investigative steps to make that determination. as you are aware, our letter of agreement gives jurisdiction over use of force with injury, use of force with weapon, and those are not readily clear in the complaints. we may have to go back to get medical records, conduct interviews and
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look at surveillance video to see if there is a injury or whether a weapon was used and sometimes that is a considerable investment of investigative resources before we make the referral. there is a lingering question at what point do we consider that a referral or is that a case we investigated and closed. what we did to the last meeting to this one is data reconciliation to make sure we capture everything using the same terminology nomenclature and classifications so we have a better apple to apple comparison of data for all of you. this slide represents a very very broad overview of some of our 2022 statistics. as we continue to work with this board, we hope that you will share with us what kind of data is important to this board so we can refine our data capabilities, capture and reporting of statistics.
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this is a very broad overview that has different ways of calculated sustained rates. we can look from the perspective of case sustained rates which is 42 percent, 5 audited 12 cases we investigated and closed in 2022 resulted in sustained allegation. you can look at it deputy sustained rate, which is a number of deputies we investigated on closed cases in 2022 and that was 99 deputies. we sustained or make findings to sustain 11 deputies there. the allegation sustain rate is another way of computing it, which is out of hundred allegations investigated and closed, there were 20 sustained allegations. we are not ascribing any particular weight to the calculations, these are just numbers.
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ultimately we like you're feedback what is the most valuable data and way to present it for this board. we included also something that is increasing year over year, which is the amount of time our investigators have to go over a video footage. many investigative arenas with advancement in technology and how cameras are, [indiscernible] that is also growing as the sheriff department enhances and augments surveillance system as well as deploy more and more body worn camera there will be more and more camera footage and as you can see, 416 hours dedicated in 2022 represents about 20percent of full time investigator's work here. i also want to make a note and provide a little more context to
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this data. obviously numbers don't tell the full story as to the type of investigations that we have been working over the past few years. because the investigations only involve serious cases under the letter of agreement there is a high concentration of very serious and complex investigations and all them expand considerably from the initial complaints. in the sheriff setter, often times a single call for help will result in a entire platoon of sheriff deputies responding to a scene. in sfpd you may get smaller cases where you have a discourteous officer in a traffic stop or delayed response to a low priority call for service. with the sheriff investigations, these
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cases grow considerably because every time there are as many deputies that respond to a scene, adds a lot of complication, body worn camera footage gets obscured when a number of bodies in close contact start making contact and not providing as much clarity as a body worn camera would provide from further away. >> i have a question. >> yeah. >> what is the one investigation that--was there one investigation that wasn't about deputies? >> all the investigations are about deputies because the letter of agreement only allows to investigate sworn members so we don't have any investigations on non sworn members. >> why is there hundred investigations allegation investigations and 99 deputies investigated? are you talking the number of counts of allegations? >> counts of allegations. there are two separate data points. >> thank you. >> what is sustained
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mean? >> great question. for the purposes of this report, sustained means that that is our investigative finding. that is not the final determination. the final determination of a sustained finding is defined under penal code 832.8 which is after all the appellate remedies or appeals processes have been finalized. that is something that we find very challenging to compute because we don't have direct access to the sheriff's appeals data and often times the appeals can actually pend for years. we actually without disclosing particular details have been involved in arbitrations from incidences 5 years ago so it is a slow process and often times it is hard to correlate the years findings with the ultimate determination as defined by the penal code. there is going to be a lag between what our
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determinations are in the investigations, what we send to the under-sheriff who makes the initial determination whether she concurs or disagrees after the investigation and the case summary report. i would say that since the time i have been there and in reviewing past investigations before my time, we have an extremely high concurrence rate with the under-sheriff in terms of sustained findings. that is promising and also indicative of i think a very complete investigation. >> concurrent meaning like what you are finding they are also finding on their end? >> yes. after we make our investigative determinations, we issue 1 to 5 findings consistent with the way the sheriff issues their findings. there is an appendix in the back that provides definitions from the sustained, not
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sustained, exonerated and so forth. that report and that investigation and all the investigative materials including all our interviews and everything that we took into consideration is sent over to the under-sheriff first. the under-sheriff reviews everything and makes a determination, does she concur with our findings or disagrew with them and that is where the under-sheriff arrived at the same conclusion. >> okay. just since you pointed out that some of these cases could have started from 5 years ago, i think it is helpful to kind of parse out the-what cases were started in 2022 and maybe years past as ongoing. >> definitely. we will probably have to consult with sheriff legal and city attorney office how we might be able to share data related to specific
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cases that are--that have the confidentiality afforded to it under 842.7, but what we can figure out is how much we can anonmize it and if the board wishes to have more details when -whether we can go into closed session to share the information or details. >> thank you. >> this next slide is simply a graphical representation of the cases opened to give you a idea of from 2021 we had 24 cases, 2022, we opened 21 cases. also gives you the number of cases per quarter. these are relatively small numbers. i would find it difficult to draw any particular conclusions from these sutistics. what i can say, an icdotally this year we
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have seen a significant increase in our work load. increase in number of complaints, increase in number of investigations we are taking on. in the first half of 2023, we opened 23 cases so in 6 months we opened all most the same number of cases we opened annually for the full year of 2021 and 2022. we are on track potentially opening 40 cases. a lot can be attributed to the work of this great board and bringing attention to the services we are able to provide for sheriff oversight. similarly, the next slide is a graphical representation of the cases that have been closed in 2022 and all these cases represent in terms of the case closures with few exceptions that where the timeline is told under government code
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3034. all of them will be relatively within 270 days which under the letter of agreement we have 9 months to close the investigation. the 2022 cases you expect vast majority of them to have occurred or reported and started that statutory timeline within 9 months to a year. these are some graphical representations of cases closed by quarter. we closed 20 cases in 2021 and 12 cases in 2022. in the first half of 2023 alone, we closed 11 cases, so i think with some additional oversight and some tweaks to our efficiency, we are also increasing our productivity. year to date from january to september now we closed 15 cases this year. the numbers are relatively small, so hard to --this year we
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added three death investigations so a total of 4 death investigations. [indiscernible] one a tragic vehicle pursuit. this next slide captures the demographic data of the complainant as reported. 67 of the complainants provided their demographic information. that means nearly 7 out of 10 provided their background information as to race, gender and age. this is completely optional so the data is self-reported from the complainant. 43 percent of our reports were referred-were made to the sheriff office and referred to the dpa,
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33 percent referred directly to us or made directly to us by phone. our most frequent demographic for race is 38 percent black or african american, 67 percent male and 33 percent age group 20-30 years of age. i would also note that the complainant isn't always necessarily complaining about themselves. it could be a complaint about somebody else in the jails. the complainant could be a family member of somebody in the jail or somebody that witnessed something. whatever that is worth, that is part of ourf demographic data for complainants. our case findings. as i indicated, we issue 5 investigative findings consistal with the sheriff policy of
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exonerated, not sustained, sustained, unfounded or no findings, the definition is in the appendix. we also-one of the determinations that we struggled to classify a bit is referrals. again, when do we call it a referral? it is easy when it is clear on a space that it is referral, but when we investigated months of investigative resources to it, that should be represented as a work-load as well. i would also point out that these definitions along with definitions for allegations and classifications for the types of wrongful conduct are also all included not only in our appendix but more expansive definition within the sheriff policy itself. one thing that i thought was noteworthy with the highest percentage, 65
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percentx onerated, 20 percent sustained, but also we have a very very low not sustained rate of 2 percent. by happenstance it happened that these are out of a hundred allegations so the percentages correlate to cases. because, not sustained is basically an insufficiency of evidence to make a determination one way or the other. i think this is a good reflection that the investigators put immense amount of work to reaching a well-founded conclusion based on evidence, rather then simply falling back on there, there isn't enough evidence to make a determination. that is the advancement that probably allows us the greatest clarity in resolving these types of challenges is surveillance evidence.
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this next slide will probably be difficult to see from a distance. hopefully you all have copies of this presentation. it is basically a breakdown of the various allegations that we investigated. the top 3 allegations raised, number one is unnecessary force, 2, retaliatory behavior and 3, the improper use of safety. the top 3 is failure to check on inmate in a safety cell and inaccurately filling out safety cell observation sheets. i would say that-unnecessary force is a-the top allegation reported, it is also the most challenging that our investigators find to resolve. this next slide represents allegations
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as classified into the type of improper conduct. again, these definitions are included in the appendix. the top or 20 sustained allegations fell into three categories, misconduct, unacceptable job performance and neglect of duty. >> do we know how many of these happened during over-time period? >> no, we never looked into that and that's a good point. as we all know, lengthy and extended overtime as a considerable amount of stress but we never tracked misconduct allegations as it relates to whether it is regular shift or overtime, but-- >> the location and the shift. >> we do track locations and able to go back and cross reference shifts so we might be able to see
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whether or not that data is readily accessible or something that we might want to start tracking in the future. >> because if you can track and present information on the pods of the location of the jail and the shift, we could then determine from the sheriff department records whether deputies were working overtime there. i think it is a good point to gauge. >> in terms of trends, it might be-i don't know if it is hard to get the data, but i think in the last few years there is tremendous overtime so we would have to go back 5 or 6 years. i think deputy may be able to speak to this. now there is not voluntary overtime, but mandatory so know it isn't uncommon for deputies to have 3, 16 hour days in a week. is that correct? >> i have to go back and look, but we could get drafted--2, 3
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times a week and-- [indiscernible] >> but your maximum day is 12 hours so if you get drafted--16. >> [indiscernible] >> but if a regular shift would be like 12 hours, and if you added the drafting it is maximum 16 hours? >> we have 12 hour shifts at county jail 2 and then we have 8 hour shifts at pretty much everywhere else. we also have 10 hour shifts as well, specifically at different locations, so but the majority is 8 hour shifts. >> i think it would be useful to receive a breakdown of location. specifically as you can provide it. where the incidents originated, the shift, the number of deputies involved.
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i don't know if you can also provide their rank and if you can categorize the type of situation that was involved. i don't know whether you gather that data. >> we'll be able to from the complaints we classify under a variety of different allegations that fall into misconduct. >> give us a idea where the friction points are and maybe looking over time to see whether the increase-where complaints are increasing and when they are increasing and what are the situations where you are seeing more complaints now then you did last year. >> okay. we'll go back to the data to see if we have that in our data pool or what we might need to cross reference but we heard the concern of the amount of overtime and perils it places on the deputies and safety
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of the jail, so we'll delve into this. >> let me ask you, when you reach sustained finding, the agency where i work, we prepare a memo of aggregated and mitigating factor and a mitigating factor might be the fact the deputy had been working overtime three days in a row. do you compile anything like that with reports? >> no. not formally as aggregation or mitigation but in the narrative of our reports we have indicated agigating and mitigating circumstances. the letter of agreement doesn't allow us to delve into what the discipline should be. that is office of the inspector general may be able to provide more insight into, because the charter also provides that this department will be recommending discipline like we do for sfpd. >> thank you.
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>> i have another question on sustained cases. do you actually code in particular if the deputy or deputies were following policy protocol or whether they there is a policy violation? this gives insight on what policies we need to consider amending or including? >> yes, all the allegations are tied to a very specific policy i what the violation was. >> and then, since there has been like a over-haul of the sheriff policies, all the deputies are required to abide by the new policies, correct? >> yes. moving forward, but as we look at the cases that pre-date the policy, we operate under the policy that was at the time out of fairness and notice and due process. >> great.
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thank you. >> i have a question. the allegation findings slide, just because of--this is helpful to know prioritization of what types of allegations. do you track which officer did that or is that something that is you guys are not privy to? >> every single incident we-the goal of the investigation is determine every act by every officer involved and they are separated out in terms of what they individually did and what they did together. one of the big challenges in close quarter of group is trying to attribute every grid-lock, every leg strike, hand strike, hold to each deputy. that requires often times a lengthy careful study of all the available video as well as very detailed interviews. >> i guess what i'm getting at,b if there is a any overlap with
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a particular employee that was like maybe had multiple unnecessary force incidents. >> certainly. the beauty of all this being automated, if you enter a employee name you will see an entire history there. we are aware. these are things that are confidential unless they fall into the categories under senate bill 1421, 16 and 2. >> i have a question. the under-sheriff is responsible determining what the disciplinary will be? >> for the investigative determination and then those findings are forwarded i believe to-i believe it goes through sheriff legal to under-sheriff the, under-sheriff makes
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the factual determination, sends to the sheriff for disciplinary review. >> do deputies that get sustained findings, do they still get their pension or does that part of disciplinary action? i don't know if is a appropriate question, but i'm curious. >> that i don't know the answer to. >> i could answer that. >> probably deputy nguyen can answer better then me. i think you have to commit a crime. >> speaking as someone who has a city pension, you have a contractual right to your pension so i believe unless you are convicted of a crime of moral turpitude and vested in the system you are still entitled to your pension. >> [indiscernible] >> thanks. >> very briefly, this slide is more detail
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into the type of improper conduct. our last substantive slide. wanted to provide as requested share a update and provide this board with progress report on what the dpa has been doing to support this board and to assist with building infrastructure for-- >> i do have question. i asked for demographic information on members--such as length of service, age, race. >> that isn't automatically tracked in our system. we would have to go to personnel records to cross reference all that. i'm not sure if we have direct access to the those records. >> isn't that tracked for sfpd officers? >> i believe they are tracked for sfpd officer but we act
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under the auspice of the letter of agreement and only provided the information that we negotiated in the letter of agreement. >> is this information on your website? >> this information, yes. as i was-i'm going to lay out where to find the statistical information. >> has it been publicly disclosed prior to the presentation to this board? >> yes. in this portion as i'll explain, starting january this year we started publicly reporting on sheriff investigation data and we have been building upon that, so it has been a iterative process. the case management system wasn't originally built for sheriff cases, so we have to work around some parts of the system to make it work for sheriff work
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processes as well as fit the terminology and classifications we use for sheriff cases, but as you see on our website, starting january in our monthly reports you see the monthly data of cases coming in and i think some time a little later maybe may, june, the data pool keeps getting expanded. demographic information is on there as well now. >> is that presented separately from complaints about san francisco police officers? >> it is on the same report. >> you might want to separate them out for the ease of the public to find them because they are separate departments. i looked at the website and didn't find information about the sheriff department investigations and so someone looking for that probably-because it is separate function and separate department, might be useful to separate those out. >> we had a discussion
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about that. one big issue and we don't have a data analyst dedicated to this work. we don't even have specific investigators that are specifically paid for this work. they bill back to the sda for their investigative hours, but they are not on this particular pay roll. we are struggling for resources in building reports. all of the folks that are currently doing this work, this is adding additional work to their current work load, which is why it is currently reported and the link is included on the presentation. >> i wanted to thank you for being budget conscious for us, because if we had to build a entire system from scratch. want ed to thank dpa for doing that.
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couple immediate questions. in terms of the most egregious cases that could be referred to a da office, would you do that or does it go through the under-sheriff first? >> if you are talking about a investigation that yields potential criminal conduct, that is under the letter of agreement requires to refer back to the sheriff criminal investigative unit for investigation. as you are aware, we don't have neither the jurisdiction nor legal authority to conduct a criminal investigation, but of course in the administrative investigation we may uncover potential criminal misconduct, but there is also very specific rules on fire walling administrative investigations from criminal investigations, because the administrative interviews are protected which are considered compelled and not voluntary statements and if you
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have commingled of evidence you can potentially compromise a criminal investigation and criminal prosecution. it is currently built such that any time we uncover potential criminal conduct it is referred back to the sheriff department criminal investigative unit and they are then responsible for conducting the criminal investigation and making appropriate referrals to the appropriate prosecuting agency. as you are also aware, not all will necessarily go to san francisco da office, san bruno is san mateo jurisdiction. >> we are out of time so we need to continue the rest of this line item, and do we have a motion to continue the rest of this line item along with line items 9, 10 and 11 to the next meeting? >> i'll make that motion. >> do we have a second? >> second. >> thank you. all those in favor?
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>> aye. >> thank you. we will call line item 12 now, general public comment. at this time the public is welcome to address the board up to two minutes on items that did not appear on this afternoon's agenda or within the subject matter jurisdiction of the sheriff department oversight board. during public comment neither personnel or board members can respond to the public but may provide a brief response. general public comment is for items that did not appear on tonight's agenda. those present, please line up at the podium. those not present call the number and use the access code and follow the prompts to be added to the queue. there appears to be no general comment. >> i just wanted to ask-thank chief of staff for such a thorough job. this is a great presentation, easy to
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read and think the public is going to benefit from seeing this. >> before i believe and next time i have one more slide, i'll leave you with the literature we produced. we still have to get the funding to produce more of them, but this provides information about the services dpa currently provides for sheriff oversight. >> thank you. >> i do have a question for city attorney. are we the persons that are-are we the body responsible for the budget that can give them more money or is that through the sheriff because i know they have a mou. >> [indiscernible] >> i see. i see. >> [indiscernible] any city department can work [indiscernible] >> okay. >> but there are some things that are within
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our budgetary control now? we actually--we had dan make a presentation to make sure we got some kind of funding to continue and dan is sort of our only person who wears 3 our 5 hats as working for us essentially. so, we do have some control over the budget. the other thing too, i think before we leave is, depending what we are called down the road and maybe--are we at future items yet? >> no, we continued everything else. we need to close the meeting. >> the sheriff-the investigators at dpa doing investigative work on sheriff cases are billing back to fda under work order. >> yeah. and then that leads to down the road since we are public here. figuring what we are called because we are referred to so many different ways in the charter, what the mayor
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office calls us and the budget, what we call ourselves, so i think we need a solid identity. i tend to follow the money, so however we are getting funding maybe we need to go under a particular acronym being used by the mayor office, but that may require a charter cleanup then because we are at sdob under the chart er and the sheriff no longer call themselves the sheriff department but the sheriff office. >> it is your position charged back to just as the investigator position? >> i'm fully funded as special project. >> the mou dan signed that runs out this month, what happens when that runs out. >> as of the new fiscal year, i'm not billed against fda. >> okay. you are under the dpa budget? >> yes. >> okay, good. >> motion to adjourn.
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>> i don't want to be involved in the process after it happens. i want to be there at the front end to help people with something in my mind from a very early age. our community is the important way to look at things, even now. george floyd was huge. it opened up wounds and a discussion on something festering for a long time. before rodney king. you can look at all the instances where there are calls for change. i think we are involved in change right now in this moment that is going to be long lasting. it is very challenging. i was the victim of a crime when
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i was in middle school. some kids at recess came around at pe class and came to the locker room and tried to steal my watch and physically assaulted me. the officer that helped afterwards went out of his way to check the time to see how i was. that is the kind of work, the kind of perspective i like to have in our sheriff's office regardless of circumstance. that influenced me a lot. some of the storefronts have changed. what is mys is that i still see some things that trigger memories. the barbershop and the shoe store is another one that i remember buying shoestrings and getting my dad's old army boots fixed. we would see movies after the first run. my brother and i would go there. it is nice.
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if you keep walking down sacramento. the nice think about the city it takes you to japan town. that is where my grandparents were brought up. that is the traditional foods or movies. they were able to celebrate the culture in that community. my family also had a dry-cleaning business. very hard work. the family grew up with apartments above the business. we have a built-in work force. 19 had 1 as -- 1941 as soon as that happened the entire community was fixed. >> determined to do the job as democracy should with real consideration for the people involved. >> the decision to take every one of japan niece american o
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japanese from their homes. my family went to the mountains and experienced winter and summer and springs. they tried to make their home a home. the community came together to share. they tried to infuse each home are little things. they created things. i remember my grand mother saying they were very scared. they were worried. they also felt the great sense of pride. >> japanese americans. >> my granduncle joined the 442nd. when the opportunity came when the time that was not right. they were in the campaign in
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italy. they were there every step of the way. >> president truman pays tribute. >> that was the most decorated unit in the history of the united states army. commitment and loyal to to the country despite that their families were in the camp at that time. they chose to come back to san francisco even after all of that. my father was a civil servant as well and served the state of california workers' compensation attorney and judge and appellate board. my parents influenced me to look at civil service s.i applied to police, and sheriff's department at the same time. the sheriff's department grabbed me first. it was unique. it was not just me in that moment it was everyone.
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it wasn't me looking at the crowd. it was all of us being together. i was standing there alone. i felt everyone standing next to me. the only way to describe it. it is not about me. it is from my father. my father couldn't be there. he was sick. the first person i saw was him. i still sometimes am surprised by the fact i see my name as the sheriff. i am happy to be in the position i am in to honor their memory doing what i am doing now to help the larger comment. when i say that we want to be especially focused on marginalized communities that have been wronged. coming from my background and my family experienced what they
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did. that didn't happen in a vacuum. it was a decision made by the government. nobody raised their voice. now, i think we are in a better place as country and community. when we see something wrong we have change agents step up to help the community affected. that is a important thing to continue to do. you talk about change and being a leader in change and not knowing whether you have successes or results. the fact of the matter is by choosing to push for change you have already changed things. through inspiration for others, take up the matter or whether it is through actual functional change as a result of your voice being heard. i think you have already started on a path to change by choosing that path. in doing that in april of itself creates change. i continue in that type of
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reapplying sun screen is like getting the second dose of mpox vaccine. >> wait, two doses- (indiscernible) >> isn't it too late to get my second dose? >> girl, it is like sun screen, never too late to put more sun screen on. >> that's right, i need to get my second dose of mpox vaccine before the summer starts. >> let's (indiscernible) 21201 to find the closest location to get the vaccine or go to sf.gov/mpox. >> thank you for the information (indiscernible) >> excuse me boys, do you mind checking please? >> sure. >> that doesn't look like a sun burn, you might want to getd it checked out. >> what do you mean clecked out? >> checked out. i was
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told if i got my second m pox vaccine i would have less severe symptoms. (indiscernible) >> maybe i schedule the second dose just to be safe from mpox. >> most vackeens offer you a level of protections, just like sun block. sometimes you need to reapply for more protection. the m pox vaccine is based on two shots several weeks apart to provide the strongest level of protection. visit sf.gov/mpox to get yours. >> thank you boys for that reminder! make sure your are fully vaccinated for m pox this summer. text summer vibes to 21201, to get >> i love teaching. it is such an exhilarating
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experience when people began to feel their own creativity. >> this really is a place where all people can come and take a class and fill part of the community. this is very enriching as an artist. a lot of folks take these classes and take their digital imagery and turn it into negatives. >> there are not many black and white darkrooms available anymore. that is a really big draw. >> this is a signature piece. this is the bill largest darkroom in the u.s.. >> there are a lot of people that want to get into that dark room. >> i think it is the heart of this place. you feel it when you come in.
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>> the people who just started taking pictures, so this is really an intersection for many generations of photographers and this is a great place to learn because if you need people from different areas and also everyone who works here is working in photography. >> we get to build the community here. this is different. first of all, this is a great location. it is in a less-populated area.
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>> of lot of people come here just so that they can participate in this program. it is a great opportunity for people who have a little bit of photographic experience. the people have a lot, they can really come together and share a love and a passion. >> we offer everything from traditional black and white darkrooms to learning how to process your first roll of film. we offer classes and workshops in digital camera, digital printing. we offer classes basically in the shooting, ton the town at night, treasure island. there is a way for the programs exploring everyone who would
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like to spend the day on this program. >> hello, my name is jennifer. >> my name is simone. we are going on a field trip to take pictures up the hill. >> c'mon, c'mon, c'mon. >> actually, i have been here a lot. i have never looked closely enough to see everything. now, i get to take pictures. >> we want to try to get them to be more creative with it. we let them to be free with them but at the same time, we give them a little bit of direction. >> you can focus in here. >> that was cool.
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>> if you see that? >> behind the city, behind the houses, behind those hills. the see any more hills? >> these kids are wonderful. they get to explore, they get to see different things. >> we let them explore a little bit. they get their best. if their parents ever ask, we can learn -- they can say that they learned about the depth of field or the rule of thirds or that the shadows can give a good contrast. some of the things they come up with are fantastic. that is what we're trying to encourage.
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these kids can bring up the creativity and also the love for photography. >> a lot of people come into my classes and they don't feel like they really are creative and through the process of working and showing them and giving them some tips and ideas. >> this is kind of the best kept secret. you should come on and take a class. we have orientations on most saturdays. this is a really wonderful location and is the real jewel to the community. >> ready to develop your photography skills? the harvey milk photo center focuses on adult classes. and saturday workshops expose youth and adults to photography classes.
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oh vice president carter. elias like i'm carter oberstein. i'd like to take roll commissioner walker for president. mr. benedicto is excused. commissioner janez present commissioner byrne here. commissioner yee here. vice president carter wilson. you have a quorum. president elias is excused. also here with us tonight is chief scott from the san francisco police department and executive director paul henderson from the department of police accountability. could you please call the first item, sergeant at line item one weekly officer recognition certificate presentation of an officer who has gone above and beyond in the performance
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