i do not believe and after hearing what assistant patrol special officer ernest tachihara said tonight, i believe that a vote in favor of the stipulated agreement sends a message to him and a message he in turn is going to take out to his colleagues. these charges, two and three in particular as well as six concern me. these charges were dismissed against him. that is the way the agreement raids. i find that problematic. >> this is the language we used. this is no different than any -- the question is, i understand the second concern about this language cannot be any clearer. this is what we put in all the agreements. the language is not going to change. i had concerns in the beginning. we could take a vote. commissioner chan: i want to say where based on this discussion where we are. it seems like there are -- there is not full acceptance of the stipulation. there is some acceptance. i would entertain the idea of moving to discussion after we discuss the stipulation. we vote to sustain or not sustain certain charges so it is clear what the commission's decision is. just to let you kno

. >> i have a couple of questions i would like to ask assistant patrol special officer ernest tachihara. your understanding of the dismissal, in particular specifications no. 2 and 3. i have concerns around the dismissal of those to specifications. i am concerned of your understanding of the dismissal. that the way you will take it is that there was no wrongdoing and that it was the actions that you check that evening in terms of pursuing the person you are pursuing and following that person for several blocks in the wrong direction. and then stopping the vehicle and the actions that preceded in terms of turning on the light, having the people get out of the car, dropping the keys, the pat down, and so on. all those things i view, i am speaking myself as an individual commissioner, as violations of our special rules. because no harm came to anybody that evening is a blessing all round. i am sure that you have pointed out and we have heard that you attribute that to your actions. i am concerned that if things had not gone well, it could have been two people that -- yourself and the drive

assistant patrol special officer ernest tachihara, at this point the commission will go through each one of the specifications and vote and have discussion perhaps on each item as to whether or not there is fault or not. do you have any questions as to how we're going to proceed at this point? thank you. as to specification #onenumber , breaking of rules and procedures for special patrol officers with regard to a solid forward facing red light. is there any discussion? is there a move? there is a motion to sustain. is there a second? there's a second. >> do you want to do all the motions at once? one at a time? on specification #one. modifying a duty vehicle by adding additional lighting. we have a motion by dr. marshall. a second by commissioner mazzucco. commissioner mazzucco? >> aye. >> dr. marshall. vice president marshal rec specification #two. that he engaged in a pursuit in violation of the interim rules and procedures for patrol special officers and their assistants. do i have a motion on specification #2? >> second. >> on specification #two. how do about? president mazzucco:

assistant patrol special officer ernest tachihara engaged in conduct unbecoming a member of the patrol special in violation of the rules and specifications. is there motion? second? >> how do you vote? president mazzucco: aye. vice president marshall: aye. commissioner chan: no. commissioner kingsley: aye. commissioner terman: aye. >> sustained by a vote of 4-1. commissioner kingsley: i do not believe there is a necessity to summarize the boats -- votes. yioou are both present. do you have questions with regard to the outcome of the vote? ok. we are moving into the penalty portion of the proceedings. president mazzucco: what is your recommendation? commissioner kingsley: recommendation would be something similar to what was worked out in the negotiated agreement in terms of penalty. i would like to see a logger suspension, however. -- blogger suspension, however. -- longer suspension, however. i would like to allow the officer second chance. i think that he is a person that works very hard. he truly does believe in and tries to seek to serve and protect as he indicated in his documents

assistant patrol special officer ernest tachihara, it did understand -- indicate you understood the context -- contents of the agreement. have you had a chance to seek legal counsel? >> aye reference is -- i referenced it as no. i am seeking an attorney for another matter. i did have an opportunity to talk to -- and she explained. the chief was able to explain to me in clarity. i accept it. commissioner kingsley: would like to have the opportunity to in depend -- obtain independent legal counsel before entering into this agreement? again that is under -- if it is approved. if the agreement is approved by the commission. would you like to have some additional time for independent legal counsel, aside from ms. worshim and the chief? >> i can accept what the chief says. commissioner terman: i have a concern here. you -- do you need to read this disposition and not rely on the chief and ms. worsham, do you need to read this and agree with that? >> it is my understanding that by accepting this agreement, number one, i am accepting guilt. two through six are dropped. over also, termination and re

and second, aassistant patrol special officer ernest tachihara will engage in training with inspecter -- lieutenant yeck. and answer a ten question examination after that tutoring. or educational process takes place and that should be completed within the next 30 calendar days. >> i wish to bring up i will be out of the state for the next 30 days. it will have to be after february 11. the end of suspension. president mazzucco: it can i go back to work until you have passed that test. >> i will not be here to attend this class. you are putting a date on when i should attend this class. >> you bring a good point. commissioner kingsley: were you planning on being out of the country in any event for the next -- >> i was. do you want to know the reason? commissioner kingsley: no. it is not relevant. >> this was made in advance of this meeting. commissioner kingsley: it would not be working during that time anyway. the suspension -- you would not be working during that time after the 11th, while you are out of town. >> she said the suspension would began if i was suspended, i could leave to

stipulated disposition of disciplinary charges filed against assistant patrol special officer ernest tachihara. president mazzucco: this is for commissioner kingsley, so i will turn over the gavel to commissioner kingsley. commissioner kingsley: good evening. would you kindly for the record make your appearances? >> appearing on behalf of the san francisco police department. >> officer tachihara, star number -- commissioner kingsley: a number of commissioners wanted to see a stipulated agreement or see if it was possible, and we understood that there had been two attempts previously that did not work out, and i understand that something was written, but none of us have seen a document signed yet by assistant patrol special officer tachihara. >> we came to an agreement with officer tachihara, and i mailed back to the officer and others. i spoke with a special patrol officer yesterday, and he had a question regarding the termination being held in abeyance, and so he indicated that he wanted to post those -- pose those questions to the commission. we are just waiting for the assistant patrol spec