Transcripts For SFGTV Police 20240705

From the department of police accountability. Thank you, welcome to our june 7, 2023 meeting. We had a nice twoweek break, but we missed you all as im sure you missed us. Lets get started with the first item. Presentation of an officer who has gone above and beyond. Officer gil, 1249 richmond station. Thank you very much. Madam president , chief scott, honorable commissioners. Its my honor to present but officer kevin gil of the Richmond Police station. A few words about officer gil, officer gil has been a Police Officer here in the San Francisco Police Department for nearly 8 years. His assignments have included the engel side station where he was trained Central Police station where he served as probation airy period. He has served as permanent assign sxment part of a swing watch. A few things about officer gil, that i would like to note and i am again honored to be here, representing officer gil. When i first landed at richmond station in about october, there was a significant crime that occured on gary boulevard, very significant and traumatic for a community, there was a car to car shooting and that involved foot and run and firearm that was thrown during the foot chase, officer gil was the responding officer that took control of that incident and actually over the course of a couple of days, not only conducted a thorough preliminary investigation, identified suspect that was captured by responding officers, coordinated the department of csi team and so forth and able to provide a very thorough investigation, during his preliminary casework to the investigations bureau. This consulted in an arrest and recovery of a firearm and more than anything seamless exercise and very very helpful to me as i was able to reassure the shaount that there was a Swift Response not only from richmond through other station thats came to assist the sfrnz. Officers, i would have not have been able to do that without the assistance of officer gil. Officer gil is an anchor on his watch, it was it very easy for me to recognize him as i work with the lieutenanted at the richmond station. His name was mentioned a number of times, and as i spoke to lieutenants, and to the public, is that he is very thorough, responsive, reliable, consistent, comes up for calls for service and supports his fellow officers. There is a level of commitment and service in his family, his significant life partner, not only are they servant, she they parent and she is a teacher and among the family dynamic of officer gils family, its committed to public service. So with again, my distinct privilege, would i like to present to you officer gil for this recognition. [applause] may i read this. Please. Officer gil, if i may read this for the record , the San Francisco Police Department and the Police Commission recognizes officer kevin gil, star 1249 as the officer that in recognition of your dedication and professionalist demonstrated for the police and practice and showing greatness as guardians of our community such an example of dedication is worthy of the highest esteem by the city and county of San Francisco, the San Francisco Police Department and San Francisco Police Commission presented on this 7th day of june, 2023 signed by chief scott. Congratulations. [applause] president officer gil, welcome, we would like to give you an opportunity to speak if you would like, if not i would turn it over to my colleagues too. Well i didnt prepare anything, but i just want to say, i really appreciate this, we know times are tough and to receive any recognition means a lot. President elias its great to see you at richmond station and im glad you gave us this officer to recognize and honor. We are very grateful for your service. Commissioner walker . Commissioner walker thank you, congratulations officer gil and thank you for your service and thank your family and wife too. Its extra special that you know, its a family thing that is everybody is involved in service to the city. We really appreciate and captain, its good to see you. I have to come out and do a right along in richmond now, last time i saw you, you were in the tenderloin. Thank you and i know all of us are really happy to honor your service. President elias xhs commissioner yee. Commissioner yee thank you, officer, as captain knows we had that ice cream out that day. I just want to thank you and your family. Sometimes we dont say enough. We here honor you, thank you. Commissioner benedicto. Commissioner benedicto thank you, president elias. I never met a commissioner 15 years in. I hope that, that you feel recognized, and i hope that youll take the message back. Its not just when youre in trouble. Thank you for your service. President elias chief do you want to say anything . Chief scott its that daytoday work that carries this department. We appreciate and we appreciate your work. And thank you for recognizing officer gil. President thank you. Theyre going to take some glamour shots there and then were going to go to Public Comment. For any member of the public that would like to make a Public Comment online item number 1, please approach the podium. Speaker im here to ask to give us the retired officer at night, i forget the name of them. We need them badly. Excuse me, im going to stop you, this is Public Comment regarding line item 1. Speaker okay, okay. If you want to come back for general public. The next one one. Speaker i have having smo to say. I will restart your time. Speaker okay. Commissioner, it appears there is no Public Commentment line item 2, general Public Comment. Jaou, im here to discuss the misinterpretation that is happening with this injunction. And we have a thorough research on it and the Police Department, not addressing the american with disability act concerning this injunction. And we have some pictures for you with him, of them blocking it. We have a couple that have terrorized our neighborhood. And the last month and a half, theyve two months, they have been involved with the commonality thing. They have flashed young children, they have threatened them with metal pipes. They have broken into houses, obvious dealing of drugs. And our neighbors are afraid. The relief not by defendants to keep places clean and sanitary and safe access. 3 feet is not a safe access. Sitting San Francisco has a 6foot regulation and is not being followed throughout the city. This is past, being this is past just a homeless issue, this is a health safety. If they block lamb ard street, or any of our alleys, you have to walk on lambart street. Somebody is going to get killed, and they run across it and either theyre going to get killed. Speaker good evening im james time im a 22 year resident of the marina and would i like to share some comments. The San Francisco Police Department weak response to nathanial and ashleys drug dealing in the lambart laguna area, causes chaos for businesses. Both nathanial and ashleys violate the american disability act, the sale of narcotic. San francisco pd allows them to continue their illegal activities. Their illegal en camp part on lambart have blocked crosswalks created and forced walkers and those in wheelchair to go around them by having to move to the edge of the sidewalk bordering highway 101. In the case of a d. A. Clearance limit means something where disabled and elderlies must pass and full Hazardous Materials from christ cal and meth use. Nathanial and ashley are dangerous not only because of their tendency to violence but because of the violence they create when they urinate and defecate on the swaution. Sidewalk. This can cause trauma to those disabled or elderly where they wait at bus stops where they sometimes camp. These two have been on the streets for more than two years. Illegal activities have expanded throughout the neighborhood. Their actions have become more obstructive and violence. There are hours long wait and waiting time for them to arrive, meanwhile ashley and nathanial. Thank you, sir. Im afraid your two minutes are up. Speaker and thats it, thank you. I feel the San Francisco Police Department has an illegal arrangement with the white coalition. I do not see them enforcing our laws regarding bike list. Now theyre electrified, there is electric scooters out there, theyre blowing through red lights, blowing through stop lines and having little kids on the back all overtime. I have a Family Member that got run over in the sidewalk and the person took off. I went to your park side station and asked them to enforce it on pay street. He said with straight face, that there was a law that they dont have to stop at the stop sign. And i told them please, write me down this law. That youre quoting me. 5 minutes passed, he comes in and says he made a mistake that his sergeant told him that they have to obey the law the same way as cars do. So i said can we have somebody enforce this . And then he said with another straight face, he said youve heard the news, that we are short staffed. I couldnt believe it and i said, just tell it to somebody. And another thing about the Police Commission, i understand were short staffed so why dont we have more secretary in the Police Station and more cops outside the Police Station. You dont need a gun to write down messages and take calls, a secretary can do that at a fraction of the cost. Thank you. Speaker yes, good evening. Im going to show a video, i usually show my pictures but most of you seen this video before but there is an upsurge in killings in San Francisco. So its just a reminder. This is just a reminder, my son is on here too. Now . Isnt hear it, there is suppose to be sound. Im going to stop it if there is no sound. I think i heard something. Let me try it again. Youve got to start my time over too. Yes, i will. Im going to start it now. It is one thing to die of elderly its another to lose a loved one to violent death. Speaker can everybody hear it thats sf gov. Hearing it . I cant hear it. Its usually louder than this. [gunshots] video since 2004 San Francisco has experienced ununprecedented number of homicides. Speaker there is been an upsurge in killings in San Francisco whether by the police or community violence. Video 60 of homicide victims are people of color. Their loved one. Speaker my son. Video living in neighborhoods of neglect must deal with their tragedy while at the same time facing the crime of the neighborhoods around them every day. Speaker these are all the people that have lost loved once in our healing circle. Video death impacts relatives and the community. Speaker me and my daughter, over 250 people are in the church today ill stop it and play it later. Thank you. Speaker good evening, its jerry caesar. Good spirit at first, nice two weeks vacation, i said last time, the whole idea is to push the responsibility, its still the price, who does that . The city has to do it. The sfonlt for your action, reaction, creation and under consequences now something even more important i think is to push the concept of Critical Thinking. Critical thinking. Who does not want to do that . You dont want to push the concept of Critical Thinking . Why . You dont think critically . Thats not good. We want to solve the problem if you push Critical Thinking, we are not to be afraid of that Critical Thinking. Look, have a nice evening. Good afternoon, im paul, on may 22, i send a memorandum to the commission urging that it comply with section 8. 22 and charter and purpose. Its easy to trivialize with respect to many of the 100 plus commissions that exist in the city but not this commission. This commission has more authority more influence than any other commission except perhaps plan anding obviously with respect to Public Safety, it has the most influence of any commission in the city. And why is that . Because you have the authority to prom gate rules and regulations. But the question is for what purpose . What are the goals when you develop the rules and regulations . What are you trying to accomplish . And what are the bench marks to measure performance . These are important questions that i think should be answered. Now the commission has prided itself on adopting using it a standard of National Best practices when it comes to the department of d g. O. S and frankly one would be hard press to come to any Commission Meeting without hearing the words transparently and responsibility echo off the walls usually as it applies to sfpd. But these standards are applicable to internal governorance as they are to rule making. And it seems to me that in that context and that setting, the Police Commission has a special obligation, a special obligation in a manner that is consistent with its civil responsibilities. Thank you. One other thing, perhaps, a working group would be in order. Thank you. President elias, thats the end of Public Comment. Line item 3, consent calendar, receive and file action, to accept the 5,000 donation to be given to the recipient of the officer of the month awards for january, february and march of 2023. Motion received. Motion received and file and accept the donation. President elias second. To members of the public who would like to make Public Comment online item 3, please approach the podium . And there is no Public Comment. Commissioner walker on the motion . Yes. Commissioner benedicto. Yes. Commissioner yanez. Yes. Commissioner byrne. Yes. Commissioner yee. Yes. Vice president carter oberstone . Yes. And president elias. Yes. You have 7 yeses. Line item 4 adoption of minutes action for meetings of 19 , may 10, and may 17, 2023. Move to approve all the minutes. Second. Commissioner byrne . I would like on the 17th, the minutes of the 17th to reflect that on the resolution involving that the amount from commissioner benedicto advancing the d g. O. , City Attorney as i understand it, i dont have the type in front of me, ruled that there had to be notice because it was different than what was on the agenda. And i would like the minutes to reflect that. So that the record is clear. Thank you. Yes just to clarify, stacy with check the tape but i believe it was one that required tenday posting if im not mistaken. Sorry, can i ask . President elias it would be better to give secretary direction. Sorry commissioner benedicto. My recollection was the resolution itself was not posted not specific to the night of. President elias it was to the side, that policies and proceedings that were setforth. Its not the resolution itself, it was the content of it. Commissioner benedicto okay. President elias i think we should bring it back. Commissioner benedicto ill bring the motion. Okay, commissioner walker is going to withdrawal that. I just need another second. Second. For members of the public that would like to make Public Comment online item 4, adoption of the minutes please approach the podium. On the motion, commissioner walker how do you vote . Yes. Commissioner benedicto. Yes. Commissioner yanez. Yes. Commissioner byrne. Yes. Commissioner yee. Yes. Commission Vice President carter oberstone. Yes. And president elias. Yes. You have 7 yeses. Line item 5, chief report, discussion, weekly crime trends and Public Safety concerns, offenses and incidents or events occurring in San Francisco having an impact on the county safety. Chief scott . Thank you, Sergeant Young blood, good evening, president elias, Vice President carter oberstone and acting director o behrstein. Ill start with the high level, were down a 7 in par 1 crimes, serious crime and were 8 percent down in property crimes and our Violent Crime is up 5 percent. So the total reduction is about 1500 fewer crimes than this time last year. As far as gun violence, there is no homicide, but there was a homicide on june 5th bringing our total number of homicides for the year to 22, this time last year. We had 20. So were up by 2. There are two shootings, two incidents causing injuries to victims. And for the year there is a total of 77 incidents resulting in 85 victims, that is a slight decrease in each category of 7 for shooting victims and 3 for gun violence victims. Our homicide year to date is 95 . So i want to say, were not even halfway through the year yet but some really really hard and good work being done by our investigators and everybody who has contributed to those case thats we have been able to solve last year. But we still have a lot of work. This is something that i walked about, the week of april 1 when really the bob lee murder, captured all the headlines and there is another person killed that week by the name of jermaine ruiz and the message that week, we will continue to work that case just as hard that we did with bob lee case, good news as far as that issue. Our homicide, actually our narcotic unit, arrested a suspect in that case and that person also had a gun with him when he was arrested. So just wanted give some circle back on that, that particular case because its important that people know that we put energy into all of our cases. And i know that our lead cases, lee got a lot of attention and resources. But our investigators are working on all of the cases. That one an arrest was made and i wanted to update you on that one. The other cases that are of note this week, this is a followup from a prior Police Commission meeting from the cold case and a lot of discussion about the rewards and website. So since that time, our homicide unit and actually Public Affairs unit with lilly romero and our technical folks have put some updates, that is on the sfpd website. I want today provide some update. So we lost a page on the sfpd website that included information including which ones had rewards and that reward information to make the site more user friendly. Our homicide unit long with our people in our technical division, they have worked this entire page on the website. The search has a Search Engine by name and date. The information from each case now includes brief summary and if a reward has been issued for that particular case. That information is also on the website. The name and contact of the information of the currently assigned investigator is also on the website. So for those who want to check it out, or to hopefully somebody out there wants to provide information on the cold cases, the page is found at San Francisco police. Sfgov. Org under the tab stay safe and that should be at the top of the website. I just want to thank the lieutenant sanders and others in the homicide unit, director and from our Tech Division and lilly romero who worked hard to put this work together. So as always, if the website does not hit the mark, we will improve it but thats a step in the right direction. As far as significant incidents just want to report on a couple of arrests, several arrests, the we had a robbery with a firearm on april 10th at the nightclub and 10,000 block of commission, robbed him of his high end watch. Through the investigation one of the suspect was identified and warrant approved. A ping for cell phone was also approved. The suspect was located in daily city followed by an arrest team into the area of 2300 block of 16th street. Suspect was taken into custody and loaded a firearm was located on him and that person was booked for this particular robbery and the courts had no bail for this particular individual. The investigation does continue. There is a stabbing on may 29th at 9 50 am and central the victim was working in the bakery, this was very high profile. The suspect stabbed the victim multiple times and then exited the bakery. The suspect was seen short distance, officers were able to obtain without incident. And the victim was transported in stable condition. The suspect was ultimately arrested for this stab anding also on parole from a similar incident. The victim on that incident was the father from the victim. Very horrific, couple of things, officers were there right away and were able to able to detain and one of our Resident Community member, robert chong who actually, did what he could to interrupt this heinous crime and rendered aid to our victim. Mr. Chong i met him at an event in china town that commissioner yee hosted, he did not have to do that. And i just want to thank mr. Chong for what he did to try to interrupt. And just want to a word to the wise on this, we dont expect people to put themselves in harms way, call the police, take notes in your mind or if you can make note of what you can, but we dont want to put themselves in danger. And mr. Chong was very wise about how he intervened and thankfully, nobody else was hurt. Another arrest was robbery with force of an elderly victim that happened on the 100 block of stockton on june 4 at 1 15. The suspect grabbed his wallet from his hand. The suspect tried to flee and the victim chased him on foot. A second suspect tried to trip the victim and unsuccessful. The victim continued the pursuit of the two subject when two china town officers on high visibility patrol witnessed the victims chasing the suspect. The officers got involved and were able to catch and detain the suspect. And then the officer was alerted to another suspect who was taken into custody and he had a gun in his waist band. Both were arrested on that incident. The last thing i want to talk about with arrest, there have been a number of shootings in the tenderloin recently and thankfully several of these, nobody was actually hit. But we have made some arrests and we have addressed our strategies in terms of trying to address this issue. One was at 6 44 lark instreet, that one did not result in the arrest, witnesses were located told officer that suspect fired shot and fled in opposite direction. Two bullets were recovered from the scene and will be analyzed to see if we can match this up with other shootings. There was an assault of firearm discharge and one 100 block of jones street. This will one there was no arrest and medics on view or observed the shots fired when the police arrived, they located evidence of a shooting. An off duty officer heard the fire. He saw the firearm and fired 3 times. The off duty officer observed a potential suspect who the officer believed was involved in it. That person was detained but later released, there was not enough evidence to hold him for the shooting. But they were detained and that investigation is on going. Okay, there were two other, three others that ill quickly talk about, shots fired at larkin turk. Three people were arrested. And lastly shots fired at 25 mason and a person was arrested and a gun was recovered in that particular case. Captain in the tenderloin has adjusted that there are officers out at night, we are putting more officers to make sure that there is a focus on that area. Well continue with that strategy but while we do our work. And that concludes my report. [audio off] [mic off] thank you, my buzzard went off so i cut my report short. This is pride month, and i believe since 2019, the Police Department with the commissioners approval have allowed our officers to wear the pride patches. So as of june 1, again, our officers are allowed to wear pride patches and where appropriate wear pride tshirts. These patches are actually, will take donations for these patches and any proceeds from those donations will be donate today charity. So Pride Alliance has raised thousands of dollars from prosides of the donations from these patches and its for a good was. But its really to support pride. There is a lot going on right now in our country as far as this issue and we want people to understand that in this city, we support pride and we will stand by our patches and our people in our community to have the freedom to do the things that we are suppose to be able to do in this country. Please help support the effort if you wish to do so. As far as the tragedies, the open air market, one thing that is happening and this is somewhat related to the governments support from the chp officer in the tenderloin, is weve reemployed some of our officers and put some of the tenderloin officers into teams actually that are doing a lot more of the arrest on the narcotic sales side. And the chp visibility gives us to have uniform president as our officers, many of them many of them wear plainclothes assignment and that has resulted in more arrest just across the board. The other thing on the other side of that is the open air drug use, the open air possession of drugs and everything that comes with that, this Police Department has to address that issue. There is nothing fancy about this, were just going to do our jobs. And the officers have been instructed when they see open air drug use, to engage and intervene and many have resulted insightation sxz arrests. Many are being transported to county jail and being booked. And so, the over arching issue on this from the part that we this department from the community over and over again, this activity, sometimes goes unabated. Really a culture that people can use narcotic and shoot up and use meth and its okay. We get a lot of complaints. So one thing that is that we will do is do our jobs. Thats not the way to solve addiction, we try to connect people to services. On the other side of that, when the officer sees the activity, they cant just drive by, they have to engage and not just let people go,. And then all of the other stuff that goes along with that, that our public, members of our public complain about. Its a small piece of the puzzle. Grant it, the Law Enforcement is not the answer, its not the solution. I will say that as long as im in this profession but we are a part of the puzzle and we have to do our job. We want to make sure that we support officers to do with jobs with em empathy, but at the same time, we have to address this issue. Way too much of this activity going on and it has to be evaded. This is not a pilot thing, we have officers dedicated to do this type of work. And when theyre called to do so, theyre supporting narcotic sales, these officers are in uniform, they support the plainclothes to disrupt the narcotic sales. And again, the chp being visible in the tenderloin, allow us to have the uniform presents and freeze us to do a few more of those types of things. That is where we are, i believe this is agendized. President elias it will be agendized for next week. Thank you, president and we can talk about it more in detail. Were transparent, we just need to go back to the basics do part of that job better and more consistent. President elias great, i remember when we voted several years ago, when the patch was created. And we had to vote to allow officers to wear it because there were strict restrixz, it was a big deal, i remember and the Pride Alliance was here and presented to the great presentation. So i would offer or extend an invitation to come back to this commission which was not hear before, to share, i think some of the history and allow us to buy their merch, i think they have Great Stories and whatever we can do to help contribute to their cause is important. Chief scott i will make sure that they know that that invitation is there for them. Having meetings for the time that ive been here, im sure they will be excited. I really hope they accept that. Weve got two more meetings. Second thing, i have a lot of questions about this open air drug program or new enforcement that youre doing. I guess my question is, you know, how is this different . I think open air drug use has been illegal. Nothing has changed. And i know your new directive is to do your job. How is this going to be different from what is happening . Where its been illegal but nothing has been done. We have to be consistent with going out and walking with answers and going out even without officers, patrol officers and seeing this with my own eyes. When you see people who are using the openly in the streets, weve got to a point even when they see a uniform officers, its like okay. Let me be clear, were not look to go people to fear Police Officer but were hoping to discourage this in the streets because its gotten to that point. Sxl this area, Civic Center Plaza parts of the tenderloin is the epi center but it happens all over the city. And it is nothing new and this has happened overtime where weve gotten away from it and there is a lot of reasons why, and this is not about what is going on with the court system and prosecution this is not about any of that, this is about what we can do and what we can control to do the jobs. Ive been through enough meetings where people are, are really upset with what they see and what they, with this issue. Consistent and enforcement, just consistency and enforcement, and its not hard to stop. Ive been out there enough to know. Number one is consistent and number 2, its really hard for officers, particularly in the tenderloin because their call load is one of the busiest to focus their efforts on this. But particularly in the peek hours to to have a dedicated unit so they can spend the time to be on sister ant is really important, is that new . No, im not saying it has not been done before but we have not done it this way and not during my time of year. Thats their focus, their foc sus to curve the open air drug usage and try to get people into services. I guess my question is how youre going to get Police Officers to do their job . Thats what the crooks of this is. The work that they do. First of all, the other thing that comes to find is the emergency deckation and all of these resource thats were flooded that the tenderloin were flooded with and it didnt have any impact. Yeah, so lets talk about that for a minute. Part of what i wish had happened, that our officers were able to actually be able to take them to the litchingerage center and be part of that. And that part of the equation was not done. We were handsoff in terms of getting people in the epi center. And im not trying to blame anybody, but i looking back, i wish we would have been more forceful of being part of that. The other part is we have not been consistent addressing this issue, people use on the streets all the time quite often, and whatever reason, that we are not consistent in addressing that issue i think has contributed to what we see in the streets. We have to be consistent, there are more people out there that we have the ability to arrest. The officers can only do what they can do. They got to write the reports and if a person needs medical attention, we need the person that can provide medical attention. The thing that we can do is be consistent. And this is not some policy where we want to go out and these are misdemeanor crimes, people will, theyre not going to be detained for a prolonged period of times of time and if they have to be arrested. One thing that i know is happening, they are sfrd services while theyre in custody and while they are released. Hopefully that piece at some point for the people that are willing to take advantage of the services will pay some dividended to address the bigger issue, the root is addiction. Its not going solve or cure addiction. But what i do think it will do, it will set a tone of, this is not okay and were not going to allow people to do it without abatement. I think you raised a great point which is my second question. Are there, have there been conversations as to what the overall game plan is . It seems to me, from what i read thus far, none of them have accepted services. But i think you raise a good point which is this is a misdemeanor time with the maximum jail time is 6 months if urine kept in custody. So youre now arresting people, a majority are not going to be in custody and then what . And then, or if they are, they stay for three months and they maxed out, and we have a court system where, you know, people are waiting for trials on serious cases for years. Yeah. So this is going to add to that backlog and affect that. This is, just one piece in a very multi layered puzzle and so im wondering if people are having conversations about how this really plays out rather than just . Yes, on all those. And to a lot, let me address some of what you said. Not to put you on the spot and maybe this is something when we agendize this issue, im going to ask for the stats from the number of arrests and from 647 and National Guard and chp. Just a correction, 647 is one of the things that we can arrest for but a lot of arrest have been for, you know, 11550 health and safety code when people are using openly and under the influence. Le thats still a misdemeanor. I think nine of the number, i think the number is nine and ill have the actual statistics number 9 have warrants, there is that too where some of the folks that were coming in contact, have warrants. And out of all the people that we arrested, only 2 are San Francisco residents of all of people we arrested. So there is a plan to see what we can do with that as well because there are services in the city that connect people with their families and that type of thing. We have to bring all of these things to the table. I look forward to it being agendized, because the tidbits that we get from the news and the briefings, i dont think that theyre sufficient enough for the public that have a lot of questions. I think its going to be incumbent for you to lay it out. I look forward to that. Vice president , carteroberstone. Thank you, just a couple of followup on being more aggressive and intervene withing folks who are openly using drugs. That theyre being provided officers. Can you clarify what services and who is providing them. So Public Health, our Public Health i dont know if theyre actually doctors but our department is in the jail, and its a variety of Detox Services that theyre determining what the individual needs are. There are people that that theyre meeting people where theyre at. So that will continue to be part of that. And then when theyre in custody, they are depending on what theyre condition is, they are offered services. And sometimes if it goes to medical care, we have to provide that medical care when theyre in custody. That will be an on going thing. A lot of people do take advantage of those services. So we want to get to this population, officers are on the streets, even before we were arresting, they were engagement and we tried a variety of strategies to try to get to this. And we have tried and none of them have been sustained but the part that we have to be consistent on is what is our role in terms of what we see these things happening. That really dont, i dont think the right thing to do is to say there is nothing we can do. We only want part of this. We have the power to enforce the law and get people off the streets, whether they agree to services or, if its appropriate, you know, at the county jail. But hopefully, well keep offering services. Great. You mentioned that this is not a Pilot Program, i heard that last week there was a Pilot Program where six officers were assigned to do this fulltime under one sergeant supervision and that was going to serve as a Pilot Program, that the department would learn from before its implemented more widely. Is that correct or not . And secondly, kind of it, if you can report what the plan was. Yeah yeah, 8 officers and a sergeant, when we say pilot, the commitment is to be consistent and continue to do this work. We talked about our staffing issues in this commission hearing. But theyre the commitment to a reassess after the first couple of months. It has been raised in the commission how the streets look at night so we have to figure out what to do at night in order to curb this activity. We will not expand until we see how this is working. We want to be thoughtful with the resource thats we do have. We need consistency and we need some focus for this area. So the pilot is the beginning for sure. Its a task force because we have to abide by the m. O. U in terms of scheduling. They have the ability to address specialized problem and the people that are there, they want to be there, they video. We definitely want to do the work and make sure we do it the right way. Thanks, so i have it right, we have 8 officers assigned to this fulltime, has not been ruled out beyond that. And then just, you know, just wanted to know since were in the pilot phase, how will we be evaluating failure or success . Number of arrests . Number of overdoses, what are the factors that well use to evaluate the success of the problem. The big picture and bottom line is to reduce the number of people dying on the streets, not just in the streets but the overdoses period. And thats why part of our strategy to get as much fentanyl off the streets as we legally can is a part of, the other part of this is, but, the arrests matrix or whatever those arrests end up being, is really the important thing, because hopefully, the arrests if the activity is not happening, well make many fewer arrests. You know, we want to curb the activity. And the main test is, we have to see a differentlies in the streets. I can come in here and site statistics, thats not a measure of what were doing. Narcotic arrests are up hear to date, pretty significantly. But i just had a meet width tenderloin and theyre still seeing the dealers out there and theyre well its changed a little bit but not much. So what difference are we seeing on the streets can people live a better quality of life that they have to step through and run through a gauntlet of drug dealers and all of this stuff that comes along with it. And some of the stuff that i read tonight, i didnt say this, i ran out of time. Three of the shootings were absolutely narcotic related. And we had a guy that overdosed and hes in the car with a gun that somebody could have taken. We want it all to be reduced. Its not about the numbers, its really not but we do have to change the behavior as much as we can impact so there is less of it. Thanks chief, one last thing, i pulled up department notice, entitled syringe access and disposal programs which was issued in may of 2021. I know youre very familiar with it, you issued it. But briefly to recap, basically state law, authorized and in fact encourages local governments to provide certain services, so providing clean syringes and Fentanyl Test strips, we know that will stop the spread of serious diseases by doing that. I just want to ask, is this new program, are those officers in this pilot task force, are they, a biding by this . And the reason i ask is because i was reached out by a member of the community that was sfrd that the officers were not abiding by this, that officers were kind of intervening while these Health Services were being provided. So i did want to ask you about whether were continue to go a boyd by this and if there have been any issues with implementing the mayors new directive and abiding by our commitment to Public Comment. Thats something that were very familiar with. And we are abiding by that, so we what we have asked our officers usage, you see somebody smoking and whatever substance theyre smoking or injecting whatever the case may be. That does not impact the health and using in public which is another section of 11550. So thats been where the focus has been. With the paraphernalia we went through this about a year ago, we were at that point, we did run into a lot of these conversations with a lot of Public Health people that Service Providers the cbos and so we had to really make sure that we and this our officers understood, the health order which basically saids that if the person gets paraphernalia from an agency that is authorized to give it, is decriminalized, thats the short of it. We have to abide by that and we understand the Health Reasons that those Health Orders with there. But it still does not give the right and permission where people can take that paraphernalia and stay in public. We have to stay in the separate lanes. Nobody has been arrested for fa pa ra if paraphernalia, we can still cease that if theyre smoke ining public. Thats what the strategy is. Its a good point somebody that has been raised with us with Community Organizations, we met with Community Organizations several of them when this was a hot topic about a year ago. And we made sure that our officers are trained on that issue and retrained when needed. Great. Leaving this issue, its been a couple of weeks since last meeting, so couple of things have been recorded. Reported. One issue was that it was a vehicle purchase saoet for car jacking that one person was killed in the pursuit, and maybe 4 injured. First thing i want to ask is whether or not an officer was injured . No, i dont believe any officers were injured and ill verify that before this hearing is over. Okay, and is there aside from the investigation into the car jacking of course, is there any kind of review into City Attorney our vehicle pursuit and in light of this . This is car jacking a violent felony that our policy permits. But at the same time, they try to a pretend and here the results are quite tragic and im curious if the ball started rolling in terms of assessing, whether this is a policy. Ye, the ball has to start rolling. So with those types of pursuit, there is a review to see if the policy is reviewed. The final results but the ball has got to start rolling. Great. Last question for me, was also reported last month, and maybe it was in the course of a lawsuit that sfpd avail itself of the new, availability to get access to private security cameras to sur veil a tyri nickel protest. Youre looking at me like i have that wrong . No, im just. No, well im not aware of the lawsuit, im not saying that there is not a lawsuit but, i dont have any, i would not comment on it if i did. Yeah, is could be wrong about the lawsuit. Are you aware of and prepare to discuss the issue of requesting access to the video cameras to sur veil the protests. No, not aware of it, but i will followup, if you want to do that. We can chat about it or bring it up next week. Thats it for me. President elias mr. Benedicto. Commissioner benedicto couple of questions, chief. When answering, reported that there have been 25 arrests made under this new program and so far none have accepted the Services Upon release, is that my understanding . I think that was as of yesterday, so that number is higher today. I dont know if any accepted Services Today but i know the numbers are in 25. I know part of these things that were seeing, there was a command center being set up. Has that been launched . No, that has not been launched yet. So, its really about, you know, the coordination with a lot of what has been raised, you know, particularly with commissioner eliass with the many entities that have to be involved and its hard for us to do what we have to do with the city. It has to be coordinated. We have to work with Public Health and public works, we have to work with homeless and supportive houses. All of these things kind of touch and coordination is, on the for front of what we have to do as the many departments that are involved in this. So there will be a coordination Effort Center that will be stood up. But its not stood up yet. Do you know when the command center will be stood up . It should be in the very near future and hopefully within the next couple of weeks that well have everything together. Some of these conversation right side happening anyway but to have the people who have a stake in this, in a room is really important and were really looking at the bigger picture. Some of the questions that this commission has asked about, is not about numbers, we can say that we help 1,000 people. Have we saved lives . Those are the things that we have to focus on. Its not about numbers, i know thats a means to get us where we need to go, maybe. But what can we do without making arrests . Lets try to figure that out. Right now, we changed behavior. To be as efficiently with our resources. If you let us know, once that command center stood up. Is that your understanding . I dont think any of that has been decided yet. But i will update the commission. So, is dph going to be part of that command center . Yes. And Emergency Management be part . Yes. Will chp be part of that. Chp will not be part and theyre doing what they do. Its like a fire branch and law branch and sfpd portion of this team, will carry whatever the Law Enforcement commission is. And if we have to get other agencies on board to help out and be part of this, it will be our role to do that. But i dont anticipate that chp will be part of that . National guard . One of the things that they offered is Administrative Assistance from National Guard. And this is one of the things that they do well in terms of setting these up. So we are, hoping that we get some administrative support. Thats what the, what the one of the things that has been set publicly and what is the administrative role, to do the type of work hopefully alleviate, not hopefully some of our city people that are strapped to do some of those administrative tasks. So im hoping, im hopeful. A lot of this is coming together. Im hopeful that those resources that the governor has offered will be put to good use in that way. Okay, i know weve been offered to regular updates. Have there been any new uses of that in the last recording period . I didnt get an update but i know its going to be agendized soon . Okay, i look forward to getting that update then. Thats all for me, thank you chief. Thank you. President elias mr. Byrne. Commissioner byrne thank you, president elias, i have a number of questions. I read in the media, i remember when i first came to the commission, there was a 16yearold women that died of an overdose in San Francisco. And i was happy to read that the San Francisco police have made an arrest. That lady came from a troubled household and she was not forgotten. I think thats important and for that, i before i go into my other stuff, i think thats important to mention. Thank you. That life was as important as mr. Lees life. The next thing, i had a sent a client over to get a signature required for u visa. This is important for the undocumented community particularly in San Francisco. My client didnt do anything. The client reported that there were three other people there seeking the on the immigration form to applied for u visa, for the public those are victims of certain criminal offensers that allow people to stay in the United States to change their status. And they also were turned away. Theyre not my client. And thats why im calling out publicly, i think its important that the police take this matter very seriously. Because its important to have San Francisco immigrant population and its important that they feel that they can confide for criminal offenses. And its an important part, i hope that was just a blip but, as i said it appears to be with my client. But there were three others one that day. The next thing that i wanted to comment, there are more officers deployed to the tenderloin . Is that day shift or night shift . Theyre on day shift. Is that the aid . Yes. And you menged something about something needs to be in the evening time. In the evening time, yes. They do go down into Southern District and like 7th and mission, thats southern. But the issue that were facing are pretty substantial there as well. But tender line and part of southern upper part. Im familiar. You understand that there is irony that two weeks ago, im in falton in the transfers that crosses the park. And there was a Police Officer conducting the speed trap. And in normal times, i would not, it was the daytime and all of that. But with an average of almost two people a day dying of mostly fentanyl overdose in San Francisco, the plurality, its not from my mind, it was not the best use of resources. It was only one officer but i think the more Important Message is to deal with that. And the other part that i want to bring up is that i understand the, the people that have addiction problem and what the Police Department wants to do. But there is a second component, to deal drugs, you know, theyve got backpacks on them and all that. Whenever there is a uniform police presence, between mission and market and up in the u. N. Plaza or even on golden gate across from uc San Francisco. They disburse, they leave. You talk about bringing a quality of life to the neighborhood, but this is an issue, those people. I agree with you, its not how many arrested. But its a huge affect to uniform presence on those areas as many hours as possible. And with all due respect to the california Highway Patrol driving around in a vehicle, they would be better off, pulling their cars in and standing at 7th and Market Street than what theyre doing. I look forward to the upcoming agendized matter. Its not Public Health, its not anything, its not the other institution thats exist in San Francisco. And that a police presence, a uniform police presence, it will deter that type of behavior. And they need to be, they need to feel like this is not the place to do business. Like if weve got to go someplace else but were not going to do it in the tenderloin to San Francisco and thats the message the Police Department needs to send. Thank you. Thank you, thank you commissioner. Can i followup with the visa thing, whatever information you can share so we can followup. Like i said, my client went back and it appears that it will be sorted, ill know next week. But i would deal my own client separately. What my client reported about the three other individuals that did annoy me and i thought that was appropriate to bring up. You know better than i do, we need the cooperation of the immigrant community in San Francisco. And this is a manner that they can stay in the United States, but we need their cooperation. Thank you. Thank you. President elias mr. Yee. Commissioner yee thank you. I want to thank you for report, the last two weeks there was zero out there, and im saying that because the incidents you mentioned about stabbing on 1000 stockton street, there was a community leader, member that was right there when it did happen. I applaud him for it and his name is robert chang and he turned around and the person was being stabbed which he didnt know at the first sign of it. But as he, ushered the persona way, told him to get out, he saw the person bleeding profusely down there and he rendered a, as i was told, if he didnt stop the person, the person would probably would have died. And that would have been one of the statistics here as a homicide so i thank you and your officers for arriving on the scene promptly. I was going to go over to the tenderloin where we had the fentanyl death. April was reported by the chronicle was 66 deaths overdose, so i dont know if its in the tenderloin or in the private use. But i was wondering if we can get a chart to see where they are, these overdose, deaths are happening. And the arrests that we are doing out there is, seeing a drop in the fentanyl overdose, as commissioner byrne says, visibility is a deterrent for drug sales in our tenderloin and throughout the city. We have to stop it, at the rate of 66 a month, well be approaching over 700 deaths in our city. Many of them our kids, moms, somebody there that you know, well miss them and we need to stop that. So im looking forward to more Police Involvement and keeping these drug sales off our streets as much as possible. So thank you chive and your members for keeping us safe. I know its a difficult job, thank you very much chief. Thank you, commissioner. Commissioner walker thank you chief for the report. I read the article and i heard all the news broadcast about the new policy or sort of recommitting to it and i think it would be a really good thing to have an agenda item but also maybe include some of our partner agencies. You know, addiction as everybody agrees, its not solved by putting people in jail. So the issue of, of how the police make sure that its safe but still all the hard team now, i think is what the department of Emergency Management issued in response to the cart presentation. You know, its a complicated problem that we all see. I, i walk in the city a lot. And just the other night, i walked through 7th and mission and threatened because i was trying, i probably was looking too much what was going on. And i mean thats real. Its not, its not without consequence. And i also will refined everybody here and listening that during covid there was a real intentional effort to let people be on the street and not do enforcement and that was a call from city hall and maybe rightfully so because there were complicated issues. It sets up the habit of what we see, and it interferes from the public right away. We heard on this topic, of you know, when people are using and occupying a whole sidewalk then folks are disabled and seniors cant. Ive seen that in every neighborhood. And i think that its a situation where yes, if you have uniform officers there, then they do disburse but they go somebody else. Wiier running up into this situation where we have not enough staff to handle this as you said earlier. So really coordinating in a real way and what can people do about transporting people to the hospital, the Sheriffs Office can do a little bit more they do, especially if somebody is waiting in the hospital. And the nonprofit how is that communication happening . Its all going to be presented to the commission at some point. I want to support that, i think that really the only way that we know how its working is seeing what is happening in the streets, including not just arrest but, you know, the overdose deaths, how many people get in the treatment and how many people are living. Its just a complicated issue. I want to support that. I was in the tenderloin last night after a play and you know, its, its sad. We really need to take care of people and its a dangerous situation out there with fentanyl. I want to say i support what youre doing and look forward to the agenda item and and really thank the folks out there doing the work. Thank you, commissioner. President elias commissioner yanez. Commissioner yanez thank you president elias. I know this item is going to be agendized and well have more time. Without covering too much ground that will eventually cover, i do have a question how and whether this is constructed, i think its besides the point, commissioner walker and other people have stated before, one of the challenges that city has is coordination. And getting all the cooks in the kitchen to communication with one another. And as we enter into the process, with more cooks coming on, and different entities, i would like to get better sense of given that the San Francisco has the Harm Reduction policy. I heard from Community Members who work in the fields, whether of providing whether its syringes. Enforcement activities impacting those people even when they have not been using. So its good to hear that the policy has not changed. But i think i mentioned this at the last meeting, i would get like to get a better sense, when you say its a sense of better engagement where people would move along or go into treatment, because weener incarcerate our way out of this, this issue of substance use, we currently have an actual m. O. U if the department of Public Health that tells how these deter activities can lead to engagement and treatment . No we dont, not for that. And thank you to your point commissioner. The location where we are where this collaborative effort happens, overtime, thats important. But what is more important is that were communicating and collaborating with each other. If we have a spontaneous incident and we have a command, well do it whenever we have to, and if its at the corner of walk and dont walk beinger thats where we set up. Its not the place, ultimately, if this is a prolongister, were going to need a place to work. What will is important is we get the people that we need at the table at the table. I dont think care if youre working out of a closet, we need to communicate. There is no m. O. U as far as Public Health, and as complicated as this issue is there is no one entity that can do this alone, whether its Public Health or based organization that has a part of this. I do think that we all have a little piece. I know that sounds high in the sky but its really not. Were trying to get people in to help and off the streets. For the drug dealers that are truly drug dealers were trying to get them off the streets. And county jail until they have a place in court, so be it. But we have to be the Police Department really focused on our work. And bring 9 other people in. And thats the spirit behind all of this. And i believe i heard you mention earlier, the Police Department is one element of continued solutions right. And i know that there is, you know an opportunity when officers engage with people in the community to also be changes of change. And clarify what our goals are when we are implementing some of the strategies, it goes a long way. In addressing the issues in an intentional way. And the way to not solely focus on the arrest elements but words continues to come up, the deterant and the presence of the officer is deterrent and as president elias was mentioning, how are we going to make sure that the officers are going to do their job . Especially when there are more players in the field doing different types of work. I know that there are Community Ambassadors is that conversation taking place . Would that be part of the commander process . As far as our ambassadors, whatever the need is, it will happen it through whoever we have as represent in this collaborative team. There are other ambassador thats do other things, they dont have police radios, we have, we have other ambassadors. So if there is a need for that, urban alchemy are doing what they do in the tenderloin and other places, whatever entity that is responsible for that, that particular people, would have to bring that to bear. And if there is a collaborative decision or the unified command decision that hey, we stablelized this block, now can ambassadors go out and do what they do and make their part of the work . Brought to bear. Theyre not going to replace the police part of the work. But some is stabilizing and holding that ground as best we can. And its hard to say that because its been said tonight. Ive seen it with my own eyes. Ive been out there enough to see it with my own eyes, they just wait us out. And i do think that there is a use for non Police Services but weve got to get these areas stable. And the engagement, i would like to see more of that more nights and weekends, honestly. Weve got to have people doing that engagement in these hours that were talking about. 9 s efshs provider has to be out there do the work. Im really happy that you mentioned that collaboration with Service Providers, because its important. They build a different type of relationship. And to the last point, i would like to get a better sense of, there was mentioned a couple of times today as a result of a story in the paper of the 25 people up until yesterday, i guess they had been arrested, none of them had accepted services. And i remember asking this question a few months back and getting the response from the department that as a result of a hippa, we could not track what the outcome of referrals linkages were. How is it that we were obtain that information in this instance and how can we continue to collect that information as we move forward as part of our standard practices . Well where we are now and what were trying to do is part of this, this work. Is get aggregate data, they have been very clear that they will not provide individual data to us. That is protected information but aggregated data is where were right now. So even that is helpful, just to have an idea for questions that are asked. How many people have accepted services. So they are willing to do that aggregated data, it is not protected information in terms of Health Information but that data is also helpful. And im hopeful as this goes on, it will not be zeros. Im very hopeful that it will not be zeros if this goes on. Commissioner yanez im really happy that you mentioned that, without measuring the impact on our efforts on these tangible outcomes, were, you know, were shooting without necessarily having the goal in mind. And i really like that, you are looking at the data and at the outcome so we can determine where were at. I know were going to have a longer conversation about this once its agendized, thank you. Thank you, thank you commissioner. Sergeant . For members of the public that would like to make Public Comment online item 5, please approach the podium. Good evening, im going to play the rest of the two minutes in video. Video weve seen hard times before, we need today rely on each other, we turned to the search. In church you speak out and tell our story. On september 9, 2004, we started the healing circle for the souls. We need to go where people know to go. We met at Paradise Baptist Church to share our frustration and sorrow. Im here because i have Family Members and friends, that dont understand. Driving down the street, sun is shining, radio is playing, and all of a sudden, bang, out of nowhere, that vision, that voice, that look, that laughter that moment and all of a sudden, you got transformed into that first shock. And you start all over again. Survivors came and by speaking out, we began to process the trauma and support. He should have been walking down that stage but i did. Killing my children and they will not come forward. Speaker thank you, and i hope that somebody is going to to something about these unsolved homicides and hire somebody to do something. Thank you. And for members of the public, were removing line item 8 and line item 10 will be heard before line item 9. Line item 6, dp a directors report, report on announcements. Will be any of the issues made. Director rosenstein. Good evening. Can you believe i volunteered to be here. Well we have a lot of fans, i have some life choice to see think about. Good evening, im Diana Rosenstein im here on behalf of Paul Henderson to represent the presentation for police accountability. Were pretty much of the same level of open cases and cases closed as we were a year ago. We have closed more cases. We have the same number pending 263 versus 265 last year. The number of cases, that have been sustained which means where an officer or multiple officers have been found to have been committed misconduct is down. We currently are at 28 as oppose today 32. Still not a significant difference. We have mediated the same number of cases, 10 so far this year. Last year we were at 8. And we currently have 24 cases past the 270 day mark that is bestowed upon us by the charter. And 20 of those cases are told which means there is a reason why we cannot move forward with our investigation. Currently, we have 6 pending cases with the commission and 89 pending with the chief. Last week, the number, we received 14 different complaints, the majority 24 had to do with officers behaving or speaking inappropriately. Again these are allegations that we will be investigating, these are not the results of an investigated case. The second place allegation, there is a 3way tie, officers failed to take required action, officers displayed threatening intimidating or harassing behavior and officers drove inappropriately. In terms of operations, commissioner yanez, i hope youre still on, youll be happy to know that we did speak to our Operations Manager Nicole Armstrong and she is engaged in developing a disciplinary study which will incompass. It will be included in the dp as annual report. The report is currently undergoing a peer review process internally. In terms of out reach, we are asking for any information from the public about the recently involved shooting. Otherwise i dont have enough to report on the out reach side. In terms of our audit, our award auditor is here and hell be presenting the reports on the discipline audit shortly. We have no cases in closed session, thank god. And our senior investigator today that is present with us and can answer any questions that anybody may have is steve ball. You can always contact us online or give us a call at 4152417711. Trying to sweep it short and sweet, i will have Additional Information to discuss with you regarding the other agenda items, even though you stole my thunder with my discussion that was suppose to be the reason why i was here, which was agenda number 8. Thank you. President elias well we love to have you on any event. Did you say, there are 89 cases. Some can be awaiting chiefs hearing some waiting the final discipline letter, possibly. Got it, got it. Well you did a thorough job, nobody has questions for you. Look at that, sergeant . For members of the public that would like to make Public Comment online item number 6, please approach the podium. And there is no Public Comment. Line item 7. Commission discussion will be limited to determining whether to calendar these meetings raised. Commission reports and commissioner announcements and identifies identify in a future meeting. Thank you, so chief i want to be clear, im going to have to agendize next week, we had some logitic al issues. But next week, the National Guard efforts, i think we need more information and a finite plan, when it was initially introduced, we didnt get the specifics and it was unclear, so i think we need to be transparent in what this program is going to be and what the goals are. I would like the numbers in terms of the number of arrests and any tracking data. I would also like to you to include the open air effort that we discussed today. And i think i outlined some of the issues that i think we should address which is the numbers the data, but another data that needs to be addressed when it comes to the open air Drug Initiative is the affect or, the plan that the department has to inform officers in terms of what the goal of this initiative is because i, i want worry that given the morale when officers are asked to arrest people and these arrests are not leading anybody because of a clog system and other factors what that does to officer and how it fekz their work. Affects their work. We heard plans and how they do their job. So i think thats an area that you should report on. And what message were sending to the officers in terms of being clear as to why these initiatives are happening and what we can expect from them. As far as the statistics, as far as the chp, they, have communicated to us that, they had to get approval from the Governors Office and they will release statistics and thats what were waiting on. They want to put auto efficiently statistics of their processes, they have to get approval through Governors Office. When we get that, ill be happy to report it. I walked through the tenderloin and i have seen fuel Police Officers arresting people, and i thought it was just on cars so if we can get some clarity on that and how many patrol cars and sectors and the hours of operation, i think just so were more transparent on what that program is. Definitely, and to reiterate what i said, they can make arrests they have. Great. Commissioner benedicto . Commissioner benedicto we have a resolution that i ask to be agendized next week for the Response Team or cart. We had a tremendous presentation by part not only did this commission unanimously support cart, we kicked off the process that lead to the process of cart coalition entirely. So i ask that resolution be agendized for our meeting next week. The plan is to support that resolution and very very excited to have that. Also assisted and revisions for resolution regarding daour o orders which well get to item 11s. I would ask president elias, for i think as a chief noted, its going to be difficult when it comes to the National Guard and chp presence other than himself. And so i ask that, the president send written invitation on behalf of the commission to the representatives to voluntarily hopefully accept the presentation and provide an update either next weeks meeting, if theyre able to make that or if there are other layers, im sure we can make time to have them later in the summer. But i think its important that we offer them that opportunity, because i think there is a significant public interest. So i ask the representative of the National Guard and chp to be present so we can speak to them directly. Great, well work on that. Vice president carteroberstone . Vice president carteroberstone i had the pleasure of speak with the women of League Voters that had me attend their meet to go discuss the policy. And i met on the demand coalition, and i believe we had two working Group Meetings since the last Commission Meeting for d g. O. 10 first amendment. Weve got two remaining on the books and we may add some additional ones additional meetings because of interest from the communities, so looking forward to pressing ahead on that policy. Thank you. Chief . Oh you already allowed me to speak. Okay, commissioner walker. Commissioner walker thank you, president elias, i attended the last graduation that was after our last meeting. There were 9 wonderful candidates thats the good news, that graduated and the bad news is there were only 9 graduates. One of the issues that im working on with inter directer flaherty, that i get . Acting chief, excuse me. Is recruiting more women so were having a followup meeting with kimberly who runs the commission of the status of women and commissioner well guard who is working to get more women recruit. Im committed to 3030, actually i bragged that were accelerating to 50 by 29. President elias we need to work on those numbers. Commissioner walker yes, i think so. So bizarre and several staff works, are working, just getting up to speed on the control specials, the current status as well as you know, how that may work as a tool for on going policing collaborations. The private sector is out there, its really important that we collaborate well, provide oversight. Make sure that were getting what we need in terms of going out there. And this ties in to the cart review with the new, dem, presentation about about the heart response which i think includes the part requests, im not sure. It would be really important to see if we should look at that at the same time as a review of cart. Again, words are wonderful but action is what really makes a difference. I think that were good, i think that there is a lot of good things happening in the city and sort of make sure that we have a proper response is crucial. Im appreciative. Thats what im seeing is there are good programs and the key is that we have the right people to responding and place to see take people, so im involved in some of the conversation with the different groups that are out there. I think thats all i want to report. Commissioner yee. Commissioner yee thank you. I attended the graduation and seeing the class president being a woman, was great. Her going back to norton which is part of japan town so great for her to come back. Also attend the ice cream by a cop, i was invited by Community Member david heller given by richmond community. Knows ice cream, get the feeling for the community that, you know, were back hopefully. Also may 31, i attended the newly elected asian Police Officer covert chu given by the chinese association. They wanted to acknowledge all the great work. And we had our chief thank our members for all of their commitment. Today i went up to visit norton station to meet up with captain derek jackson. He was in a meeting with the filmore community, theyre planning a filmore festival. He showed me around and talked to me with supervisor and they, tell me something of the concerns. And maybe one of these days ill share with the members. To the members, we thank you for keeping us safe. As you know, norton covers the tenderloin, city hall, japan town and all the way to marina cahale, many of them enjoy serving that area. That ends my report, president. President elias thank you. Commissioner yanez. Commissioner yanez i have thank you president elias. I have a short report, ive been following with some of the partners that are interested in prebooking for juveniles, prebooking Diversion Program and were making head way. Followup conversation at some point next month and indicated 60 days after next months presentation. So were trying to figure out what the best format and how to support the departments effort in creating a prebooking Diversion Program. So meeting with the center and president juvenile probation commission. So that work is still taking place and we hope to be able to present something more formal next month as far as our recommendation sxz a resolution with how we can support the department advancing this project. And i do want to give a shout out i was at carnival and it was a Beautiful Community building event. I saw you know, the departments i saw personnel and officers doing the out reach and i was very pleased with what i saw, especially with one incident where there was some True Community policing taking place. An incident of the lowrider show, that could have lead to escalation that could have created an unsafe situation there. Allow community to address whatever issue was taking place. And i thought it was a really good demonstration of the partnership that the Police Department has with the orderers of the Carnival Program and the respect for those the individuals that decided to contain and deescalate a situation from going out of control. So i thank everybody that was present, that whole weekend because beautiful. A launching of the commission and its all about carnival im grateful for everyones effort. And i thank the chief for making sure that the event was properly staffed. Thank you, commissioner byrne . Thank you, president elias. Just couple of things, i would like to commend commissioner benedicto. He gave a wonderful speech at the last Police Academy graduation. I would like to thank president elias for agendizing the tenderloin for next week. During the break i was contacted by the sfc law School Formerly hastings that wants to come here and talk about this. I know that you have no jurisdiction over the Highway Patrol control, but you do have a Good Relationship with the District Attorney, so i would assume when the chp makes arrest, they turn a file over to the District Attorney. So im going to ask that the Department Contact the District Attorney so we can see how many arrests were turned in, they should be able to give you that information, chief. Great point. Commissioner byrne thank you. President elias thank you. For members of the public that would like to make Public Comment on the line item 7, please approach the podium. And there is no Public Comment. Line item 10, dp a discussion and presentation on key issue report handling of officer discipline. Discussion. President elias welcome. I with like to introduce, isnt it like twice Award Winning. Multi Award Winning. President elias please auditor, dont sell your staff short. Welcome, welcome back. Thank you, good evening. Good evening, president elias, Vice President cartroberstone and commissioners and members of the public. Steve for the department of accountability. Today im going to report on sfpd handling of officer discipline. We offered this report on may third. Thises the third key issue report that we have issued as part of this audit, the first report was on reporting on officer misconduct and discipline which was issued in november of 2022. The second key issue report was on the departments monitoring of Department Communication for biased and that was issued in march of 2023. We rented both of those reports to you and the public in november of 2022. The San Francisco charter requires that dpa audit sfpd handling of misconduct. Were looking how they handle officer discipline. Prior to issuing our report we provide and bring to our attention any errors concerning the issues in these key issue reports. The intention of the key issue report is to bring to the Police Commission and Police Department attention matters needing attention so any can happen before the full report is issued. So at a high level, there are two key issues. Concerns the holding discipline and advance without documented criteria on when this is appropriate. And deals of disciplinary actions issued by the chief. So in key issue number 1, to hold discipline in advance. The Police Department told us that advance period is like a probation term where the discipline is only imposed if the officer has further misconduct. However, these explanations are not found in a Police Department documentation. We examined data for the period of 2019, 2021. They suspended 120 Police Officers. 14 of Police Officers or 11 in advance. Cautions when used wisely, habitual can introduce excessive deal making and arbitrary into a disciplinary system. Next please. So although the Police Department does not have guidance on when it hold discipline on advance, others do. Example by criteria set by two other agencies. Part of suspension to be served. The albuquerque Police Department, they can hold no more than 25 and no more than 6 months. The image shows on when bans are appropriate, and includes the officers accepting responsibility for their action sxz whether further offensers are likely to occur. Another example in the report is diego Police Department, they offer a lower level of discipline if the officer accepts a last chance agreement where the more discipline is put in advance if the officer does not violate an agreement. The example that we provide is termination which can be converted into a fiveday suspension with the lastchance agreement determine tation is put in determination for five years. For key issue number 2 appeals of the chief intended discipline does not include completion time frames. Just by way of quick background and i apologize this is is going to cover on what the other presentation is going to cover as well. Discussed in 2. 07 which is the process for sworn officers. When a Police Officer accused of misconduct is notified of their intended punishment, theyre given an opportunity to appeal this decision. Although d g. O. Requires officers to have a hearing it does not establish time frames for when this hearing must take place or when the appeal must be resolved. It hopes to have hearings but that the delays happens and the ability of accused member. We analyze data for investigations and found that over half of them, 28 or 56 were pending for more than a year. The aging of misconduct pend ing the chiefs hearings is outlined in this slide. United States Department of justice has issued guidance which states a disciplinary justice, appeals an increase the time and officer and messages to the department and the community can be severely compromised the longer it takes to its resolution. In the issue report, we have example of two other California Agency thats have specific time frames for their administrative processes. These Law Enforcement agencies are the city of los angeles and their Police Department and long beach Police Department. For example the long beach Police Department has established a time frame for the reprimands. They require that the chief of police meet with officers within ten working days of receiving an appeal and receive a decision within 30 days. So real quickly i want to address some opportunities, provide the Police Department with the opportunity to create efficient discipline process, establishing a clear documented guidance, and equitable a bleed without consideration and factors like the race, gender rank or assignment. The amount of time between when misconduct occurs can compromise the message to the community and affect employees opinions on fairness. Setting time frames for setting appeals of discipline may help avoid these risks and ensure a discipline process. So just in closing, i want to discuss next steps. Its our goal to try and get a draft of full audit reports to the Police Department in june. The full report will combine the information that i presented to you and the key issue reports as well as analysis on buy policies and the Police Departments discipline Case Management system. The full report will provide the department and Police Department with specific recommendation to see address our audit findings. This concludes my presentation, ill be happy to answer any questions you may have about our report. President elias thank you. Acting director. I just wanted to followup and be frank. I think that this is evidence of the fact that our system of trying to to implement vans a discipline is not working. And it is also bleeding over into the other key issue which is setting reasonable time frames during which the disciplinary matters that are at the chiefs level can be conducted. We at the dp a urge to think of other solutions other than using a vans type discipline for several reasons. First i think it was started in good faith and there are some, i think that the detriments outweigh the benefits. Because we donts have the infrastructure in place to truly implement a vans in non arbitrary way. The way it works in criminal cayses, during their probation period, they are arrested for a new case. That is considered a violation of probation. But whether that happens, theyre entitled to a separate hearing not just on the new case and the District Attorney can elect to move forward on both or just one. We dont have the infrastructure to do that here. We are struggling with having chiefs hearings in a timely manner which are the hearings that are the officers are entitled to in the base level let alone any type of infrastructure that will allow us to also provide officers with some type of hearing on the case thats are held in a bans. There is no criteria right now and i dont think that we can come up with criteria that satisfies the due process for issuing the time that is held in advance if they pickup a new discipline matter. The plan is, you have to proof beyond a reasonable, prepondans of the evidence. That is something that would be required. Another hearing would most likely be required in order tone sure that the possibler rights are adhere to. The issue is what if the a issued but the underlying case is only chief level. Does the commission hear the bands ref occasion so to speak . Or does the chief get to make that decision . At this point, we recommend that we move forward in terms of our discipline structure without the use of a bans. And im happy to answer any practice questions about that. The key issue number 2 that has been brought up by our Award Winning auditor, has largely been resolved by the conversations and the revisions of department general order 2. 07 that has occured with the help of jenel kaywood and stephen at San Francisco Police Department. Weve got a draft ready. Weve got time frames ready but it was pulled back because this abans issue is still out there and we can, we as dp a and commission have to make a decision about whether we continue on this path of using it and if so, if its suppose to live . Is it suppose to different in 2. 0 . Is it suppose to be to live in a resolution . Thats a lot of work for very little benefit. So at this point, we respectfully request that we reframe from future bans in discipline matters. The basis for the use of a bands has been where, there are factors and mitigation, if there are factors and mitigation, then the officers discipline should be using rather than using a bans. That would be our recommendation at this point. If we want to discuss crating infrastructure for implementing this, i think we can do that. But for now, we recommend moving forward to get the chief hearings under control. When you say the issue to not issue a bands that for commission as well as the chiefs cases. Yes. Okay, i know that i have been in discussion with the Commission Office dp a as well as supervisor attorney and this is an issue that has come up and were working it out and addressing it. So hopefully well get some more guidance once we have something on paper and you and i will have a discussion and we can lay it out or address some of these concerns. Sorry, one last point, i do think that it has a place in negotiated dispositions. Because in a negotiated disposition, in other words, a settlement, the officer can agree in response to getting a certain level of discipline to give up certain rights. And the a bands criteria can be easily spelled out in a settlement and easily implemented. The problem is when its used as a tool of punishment by you the commission or the chief and there is no criteria of how it gets triggered and when it gets triggered and what the burden of proof is and who makes that decision. So in negotiating disposition that it is useful tool but aside from that, at this point, at this juncture, its not a great tool to move forward and its holding back our ability to move forward on 2. 07. Great, thank you. It is on the chief and my radar its been sometime so i think well have an update soon. Thank you for pointing it out. My second question on slide six, so we talk about the number of hearings and you say its 51 and then earlier you said cases were 89, and i know that they mean different things. So if you can clarify that. Then when i look at the departments hearings, they have another number which is different than your number. Or not page of theirs, its 66, you have 51. I may be able to speak on that. It may be a timing issue on the slide on the bottom of the table there, it says our analysis was of april 2022. Okay. So we can rely on the department 66 number. That would be more current. What is the difference between 89 and the 66 number . So 89 represents the number of cases that have left our office and with the Risk Management office or with the chief. So that includes cases that we sent over where the chief has already agreed with us and issued a notice of intent to discipline. And were waiting for the officers to decide whether or not they want a chief hearing. That includes cases that are awaiting a chiefs hearing and that also includes cases where the chiefs hearing has been conduct asked were waiting for the chiefs final decision. So it literally is the number of cases that left dp a, are with sfpd that are not completely closed. Okay, and the number of chief hearings are the actual hearings that members go through for the chief to impose discipline . Correct. That represents the number of cases where the chief has issued a notice of intent to discipline to the officer, has given the officer an opportunity to request a hearing, the officer has requested a hearing and were waiting to schedule that hearing. Thank you, for the clarification. Commissioner benedicto . Commissioner benedicto thank you, president elias. Really is Award Winning audit, but for anybody changes the huge change to see the audit and shift of the key issue reports has really allowed us to have what were having which is full discussion. Sometimes in the past, you get a report and jend eyesed and it would just be, a Service Discussion about multiple recommendations was not efficient. You can get a lot of information about that oversight. So chief negotiated this position and commission. It does not include commission cases just Police Department. Okay. I think they raise a good point, that without criteria its a very confusing case right now. And you dont want it to holdup 1. 207. It can be an affective tool . I do, but we need to have written criteria, its going to have to live in multiple places. So multiple revisions. I also think that just like our, our attempt to get ahold of chiefs hearings, were going to have to create some type of infrastructure. The study after study is shown, it has to be measured with the level of misconduct and it has to be swift and it has to be concern. And none of those things are happening right now, unfortunately. I think i had a brief conversation where ever it lives, it needs to live somewhere, we need to make sure that it lives somewhere and that the public can comment on it. I think that its important whatever the criteria, theyre also written for when the Commission Decides to pose a bans. For purposes of due process officers facing discipline should have standards that are clear and governor the commission and the chiefs 6789 whenever were going to take this process, im glad to hear that the chief and president are on it, i want to make sure that it mriez to the commission as well. Thats our intention. I think the Albuquerque Department is a good example. The Albuquerque Department is under a decree and after checking with policy, they even have a federal monitor. That means that theyre done with the deepest scrutiny. I think that its a good model to look at. Thank you for the report director flaherty. My first question is going to be, youre director of audit . Correct. Thank you, just wanted to confirm. So i was going to ask the question that commissioner benedicto asked. So youre not looking at commission instituted. I guess my question is with that, is there any concern that that will scue the results in the convenience that advanced behavior, we would expect it to be different for commission cases because commission cases volve higher benefits or potential penalties so you would observe different usage of advance in that contact . So whatever we take from this, would not apply where the commission is doing . I cannot speak to that, just because i havent, as part of this audit, the commissions rational for holding for issuing discipline was not part of our scope of our audit. Okay. Another background, this includes, is there a widespread use of a part of the initial charging document . Or not . I can speak to that, i dont think that there is ever a bans used in initial docking document. And for the purpose of this report, we just looked at the outcome of the discipline. Practically speaking is once we have a new case, lets say, where were about to recommend discipline, we contact our counterpart atRisk Management office to find out whether that particular officer has any outstanding or prior misconduct allegations within the last 7 years and we find the officer has has xy z. And we find out discipline is held in advance. And we take that into consideration when making the recommendation to the chief. In specific cases and confered with the chief, then we have to make this decision of how do we deal with this . Is this enough . I dont know of any cases where there is been a hearing. Thanks thats helpful. And i want to ask, are they endorsing the criteria . No example just an example. Will the eventual report prevent the criteria . And is it within, is it wp the per view how to have cry too i cant. The reason i ask that, is this issue of bans a symptom of a larger point, is that there are arbitrary, and charging decision and you know, so i ask that because i think we can benefit. As part of the audit, we will point out documentation and support for disciplinary decision wise and to the extent possible provide other jurisdictions about how theyre doing that in their processes. Okay, thanks so much, appreciate it. Chief . Thank you, and thank you steve for the director flaherty for the audit. Theyre some great recommendations on here. I just wanted to speak on couple of things that ms. Rosenstein. I have slightly different point of view on that, there are point for advances and codifying what that is, including the definition of bans, would be a huge step in the right direction. I know the commissions are part of this report but there have been careers saved from advances and officers who have gone on to be very productive who have some serious discipline. So lets not forget about what discipline is to correct behavior. There is a punishment element, but the real purpose of discipline is to teach and correct behavior. And i do think that a bans can play a roll. The other thing i want to point out, and i know that audit did not go to this level of detail, i knew what the terms of bans are. Its triggered by sustained misconduct. Im pretty sure that the instructions are detailed. There have beener some trigger. So i think its a good idea to codify this. I would strongly advocate for, keeping advances as a part of our system, and having some rules and regulations for at least chiefs level discipline. It should be applied with every level of discipline in my opinion but i do think it could be part of this. Total amount of discipline whether or not a bans is triggered where we start from. So its important to address that issue as well. Thank you. Right, i agree and those are things that we discussed with you chief and things we discussed with president elias and yes, there have been situations squaitions, what if, lets say in the future an officer challenges and separate and apart on the a bans issue alone. We dont even have criteria, what is the burden of proof, are they entitled to a hearing . If so what is the burden of proof, who owns that burden . Because the procedure al due process, guidelines established by a peace officers bill of rights and case law involved in this are clear about, you know the fact and facts. What im concerned about is whether or not that same level of scrutiny can exist and can be adhere to from a legal perspective. So thats where im coming from. They had language like, any future discipline. And those, the ones that i know about are overturned. This is where a sustained allegation triggers a penalty that has been adjudicated. And i dont see where there is a burden of proof. Thats what the burden of proof is. All of this needs to be vetted, those are the cases that i know about. I agree with you, but people officer have the right to administrative appeal. So if they issue a timely request does the bands get help . Do they opposed . Whatever a writ . There is a lot. Thats where the due process comes in. We cannot do anything until the discipline is final. And i think thats fair. Yeah, and i i think that when we, we need to fine tune the language like i said what is on the radar, were working with the city departments. These are all issues and were waiting through them. Absolutely, thank you. All right. Thank you. Sergeant . For members of the public that would like to make Public Comment online item 10, please approach the podium. And there is no Public Comment. Line item 9, discussion and presentation on chief disciplinary process with the case with less than 10 days suspension. Discussion . Hello . Good evening. Are the elias, youre like our favorite face here now. Acting director rosenstein and general public. Im with the Risk Management office and with me, are lieutenant angelina, the officer in charge of the with the gition and Sergeant Craig wells. So tonight, well be presenting the chiefs hearing process. And to make this presentation slightly interactive, were going to start with slide 9. Nine youre not doing pop quizzes at the end, are you . Okay, slide nine, we hope to explain the work document work flow. And before we get to the blue arrow, let me explain a few things. Prior to the blue arrow, a lot of work is done, first there is a violation of policy or misconduct against an officer. Then we thoroughly investigate that allegation and it could take up to one year but less than a year. And we call that the 3304 date. So we may refer to that again. And then finally if the complaint is sustained, that we believe the misconduct occured. The chief of police makes a disciplinary decision, thats where we get to the blue arrow. What happens is the officers notices and a date is selected. So the case received from the chief office and intent to discipline or in i guess is a noid, noid, and preselects current dates. In that process, the iad process prepares a discussion, all entity when discoveries are ready and the entities review the case prepared for the hearing. Finally when all the parties are agreable to the date and they reviewed all the discovery we have the chiefs hearing. And that text kind of explains what i just said. As i said it was interactive accountser im going to move the presentation to lieutenant and were going to go back to slide 2, at this point. You want us to wait . I guess well ask questions at the end. So going back to slide 2, and just, important to note, this is all data that we collected as of april 24th. And why i say that is because these numbers fluctuate. So as the chief hears new cases, theyre assigned to the attorneys that number can go up and down and then, as we also have chiefs hearings that will also impact the total number of cases that are pending at chiefs hearing. And i just want to, articulate that when there are 124 cases pending thats 124 officers, each case can have multiple officers that so these are 124 of our members that are currently waiting chiefs hearings. We have them broken down by year whether its dp a or internal affairs case. And as you had asked at a previous presentation, and as chief alluded to, as of april 24th, we have 66dpa cases that pending. I do want to say that i had had our senior clerk pull the case thats are currently set for a chiefs hearing starting tomorrow through august 8th, in the next 8 weeks. We have 24 hearings that are scheduled. We do have 24 members that are scheduled for the chiefs hearing. Some of these cases how many officers that have multiple and as of end of april, we have four officers of 124 that are multiple hearings pending. I just listed out the types of hearings that they have and statistically speaking, this is less than 1 of the total number of cases where we have officers that have maybe, multiple cases pending at the chiefs hearing level. For some of the older cases that are pending a chiefs hearing, we have 15 officers that are included in these 2018 and 2019 case thats are either dpa or id cases. I think the important thing to note is even though a case, the complaint or the allegations may have come in in 2018 or 2019, there are factors that would toll the matter until the administrative clock starts. Some of the cases may have included a criminal investigation or the member may have been unavailable, so what the important thing to look at is the third column, the date that the chief actually reviewed the case and made a decision on the finding and discipline, thats what would trigger the notice of intent and that process of achieves hearing being set. I did want to note for the 2018 cases, three of the officers are scheduled for hearings in the next 8 weeks. So just to let you know, were moving forward on some of these cases that are a little bit older. So just to give you a little bit of a background as to how, we got to the number of case thats are pending at chiefs hearing. Covid hit us all march of 2020, it created a significant backlog for us for a couple of reasons, one, we come to figure out the process of chiefs hearings and how to do that remotely. Another factor that came into play, we had one of our Staff Members retire who was instrumental in scheduling the chiefs hearings and ill get into later the partners that we have to work with when we schedule these hearings. We really lacked a Data Management system na allowed us to track these cases once the chief signed the discipline notice. And when the officer requested an appeal. The other thing is when our partners filed a motion to continue, whether it was the hearing officer, maybe it was dpa or iaa attorney, maybe a member, we were not able to track that. And then we had a hearing officer shortage which played a part in being able to schedule these on a regular basis. There are several entities that have to come together in order for these chief hearings to take place. You have the hearing officer, you have an attorney from dpa, our ia attorney, you have the named member and then the named members representative or attorney. And its the scheduling of all those folks where you really need the stars to align in order to get a date and time for the chiefs hearing to take place. At the time, i a was trying to coordinate with all of these entities to schedule the hearings and we had conflicts that would come up either with these entities and other priority matters that take place. Thank you, lieutenant helm. Im going to go into, im very thankful with the audit. I do want to say that weve been talking about this in the office even before the audit. In october 2022, our managing attorney and the team realized that there was a backlog and we proposed some modification. A new process was adopted and its more traem lined. The intent to discipline, the past practice was to give the member ten days to see whether or not they wanted to set that date. We have gained the sefshszes of analyst and im very excited for her and the work that she is going to do in iad. And finally, i know im running out of time, we do Staffing Shortage and some of the positions that we would like to fill if things workout right, that we alleviate this to have another attorney or paralegal or Legal Process or clerk, were working on the update to include time lines for hearings. We really had a long discussion about what that timeline would be. We proposed 180 days, because we think thats realistic based on our staffing and workload that we can fit it into that time, but we wanted to choose a time that would not set us up for failure. And then finally were going to reverse the table and have a recommendation although not Award Winning. Just because we have staffing in workload issues that were proposing dpa handles, and that came from our own attorneys and provide discovery and we would share the workload and were being serious about that. And that came from the attorneys. And finally, were looking to increase the members that can be at the meetings. Okay, that concludes our presentation. President elias great thank you. I had a question, page 9, the interactive part, the three buckets, you said we have up to a year, what is the average wait time of how long it takes for to you file the case . I know dpa gives us an estimate on their cases, there are so many cases pre9month and do you have that tracking mechanism or data . Do you know what im talking about . Yeah, so we have a unit order that requires the investigators to complete nr investigation within 6 months. I meet with them biweekly and then we also have an internal case tracking spreadsheet that allows me to keep track and there on track with those time lines. I believe our current Data Management system we can pull that information for you if needed. Do you have an average wait time . Like 50 of our case right side completed . 25 or within 9month . I dont. I dont have that off the top of my head but we can get that for you. Okay. What is the time frame on that. You have the yearend how long is it taking to the get to the red and the gray arrow . So i would say once the sergeant completes the investigation and it comes to my desk between my desk and then it goes on to the commander and then finally the chief, i would say the average on that is four weeks or so when it leaves them and then getsds to the chief. Obviously there are things that comes up that could extend that, for example we had a covered incident, officer involved shooting, things, the workload, you know, delays and so. But just on average, i would say the cases move from the investigator through me to the chief in about four weeks. Good. And then the 24 number sounds great fwoer scheduling in terms of august, i hope that there are no continuances and we can keep that date. On slide six, where it talks about the chief hearings, im wondering if there is a sort of have i think you mentioned about the new process of giving them a date when the notice goes out. Is there a way to schedule it so that the chiefs, the hearing officers for these chief hearings have designated dates . That this is a date and im going to do four hearings for this date and sort of just prioritize these . I know that they have other duties and responsibilities can that happen so we can clear some of these . I think thats one of the solutions that the managing attorney has looked at. Could we find a day in the week that is designated for chiefs hearings and i think those discussions have happened. I can speak on that, weve had those discussions, unfortunately from a practical perspective, the majority are continued because the deputy chiefs are so busy. And we are hoping, we think thats a great resolution basically, i think there is four deputy chiefs, if im remembering, five or four available because i think one is on leave. And to have them dough vote one a day once every week to just doing these, because so many times we have things scheduled and theyre scheduled very far in advance. And then they get pulled from us, i think thats a great idea and thats something that i have been discuss withing my counterpart at dpa legal. The other question i had and i didnt get a answer, i know you can designate folks to be the hearings officers, have we made any progress on that . I know i had volunteered the commission to step in and help you out, i dont think that was a viable option. Sorry. So the commanders are where were headed and weve got to put it in action and trained them up. But we do believe, we just got to get them trained up and get this rolling. Do you have an eta . Ill get back to you with that, i can followup next week in terms of eta, i know ashley is on vacation. Thats something that we also discussed. And we discussed going lower. But there are reasons that we cant because there is a difference between, unions and Commission Officers versus non Commission Officers, so commenders are a great resource. And hopefully can help with the backlog. My last question is with slide 11, im wondering how that would work since theyre prosecutor attorney. Were talking about the discovery, so the work that it takes to the hearing. The discovery is the easy, part, we can send it to the poa, im concerned about setting our own controls, we have even less control over the deputys schedules. Officer schedules and the representative schedules then as sfpd legal. Thats not a feasible solution. But whether its from us or you guys, its not email usually or with a onedrive link. If that helps us, were happy to do that as soon as you let us know who to send it to. We cannot have our own chief hearings. When they send out the notice of intent, they like i said, have your dates in advance to pick from so when you do do that, there are some dates that have been selected. So heres how it works right now, we get the notice of intent from the discipline from the legal department. We get a copy of it and it does have a date within it, that notifies the officer. And us of when a potential chiefs hearing will take place if the officer avails himself of the right to appeal. Practically speaking, those dates are hardly ever followed. I did an informal survey of our legal team, there have been four requests from the last year where we requested the date be changed. The majority of the dates are being changed by the representatives of the officers and by the deputy chiefs. So im not sure while the intention was great, the problem is sticking to the date, i dont think were, were having a hard time sticking to that date. I have a question for that, if youre open to the open to the idea its the discussion that is taking a lot of time. So if youre open to working with her on how that can be expedited. We can have a conversation about the nuances between the attorneys. Sure, this is the first weve heard of it. Usually we have these discussions. They didnt even tell you about the idea . No. They chose me to introduce it. Okay, you spring it on them, nice job, i like that. The discovery piece is the easy fix. As soon as we get the notice of accident, we can send out the wup drive link like we do to the officer and representatives. The biggest problem is that we dont always know who the representative is until the end. So if sfpd can share with us, then we are more than happy to help with that endeavor. We just have no clue how that happens. And im going to have ice cream with lieutenant so i can say ive had ice cream with a cop as well. Thank you, president elias, i think a lot of the questions were answered. Im focused on slide 11 proposal. It seems like 2. 07, president elias and dpa and the chief are working on that already. It sounds like theyre, now that dpa can talk about. I want to ask about that. I thought would already done this, the chief, explain to commanders that is in process to only holdup the process trained up on discipline . Are there road blocks . Potentially, there could be other road blocks, but we will work through that. But the main thing is they have to be trained up and they may not be road blocks but, well have to report that. Okay, so hopefully when you told president elias youll come back next week, hopefully youll know more about the road blocks. And how many will increase the pool . There are six. So we go from 4 to 10 . 5 to 11. Okay, how about, is there any, do you think thats sufficient at this time or are you looking at outside hearings officers or retired commanders. No, were not looking at retired, that would be it for me. Thats where we are right now. Will will there be any limitations . Idea lino. These are chief level hearings anyway. Of course there is a process for the commission. Item lino, we just want to make sure that is thoroughly vetted. And are any of the potential road blocks are any of them are in the commission is there any action that we need to take . I dont believe so. This is something that we definitely, some bargaining issues, i believe we want to make sure that were clear on that. Thank you, chief. I just have one comment, these will be sufficient. Or should be. Moving forward. Thank you, and commander and sergeant for your presentation. Thank you, have a great evening. Thank you, sergeant can we go to Public Comment. Members of the public that would like to make Public Comment, please approach the podium. There is no Public Comment. Line item 11, discussion and possible action, to to rescind. So i was not here the last discussion but im glad, i think that important thing is to focus on the fact that were here. Based on my discussion with the chief, he has committed to me that we are here and focus Going Forward is how do we solve it so we dont end up here again and to put things in place so this does not happen again. We set ourselves up for success moving forward. I did review the resolution and i did make in edits but im going to turn to commissioner benedicto. Commissioner benedicto thank you very much president elias, we had a very robust discussion on may 17 and i dont think we need to relitigate this discussion, my goal is to move this quickly. On may 17, this item was discussed by this commission in a slightly different version of this resolution was considered. On may 31, a very viced version was post asked made available on the Police Commission website ten days in advance of this meeting, it remains on the website now. On june 1, 72 years before this meeting, an updated version was posted and available to the public and posted on the commissions website. Changes between the may 31 and june 1 draft were not substancetive. Today on june 6th, a version that made minor revisions was posted on the website. I had another change that ill be providing a as oral amendment with the City Attorney as well which i will get to. So thats the housekeeping on the timeline here. Like i said, i dont plan to repeat our discussion that was thorough and vibrant discussion that we had. The bottom line as to why were here was most articulated by one of our Public Commenters from the Bar Association of San Francisco which is the bottom line is, the practice of making general policy bureau orders is not consistent with 21st policing practices, its not consistent with best practices and the progress that has been made here. These bureau orders were without as it notes and the opinion of the resolution. The resolution will speak for itself. I want to be clear that this resolution is a statement of dis approval about some of the action thats were taken. And as president elias said, it should be a clear and ambiguous fashion. There have been a lot of reforms. Abs. Its important and ive had the conversation with the chief, its important to call out when a lot of progress has been made but equally important to note when things are done that, are inconsistent with that which is what we see here. Like president elias said, what im most focused on resolution is outcomes, is making sure that were on the front page and this will not happen again. Ive had numerous conversation with the chief, theyre not asking to consign, those belong with the commission, i know the chief disagrees with a number of of them both with the may 17th and that disagreement was discussed clearly at a prior discussion. As i asked on may 17th, im confirming with the chief rescinding dgo that the plainclothes order its fully enacted and rescinding the social media order after the dgo is an outcome that you can support, chief. Yes, it is. Thank you. So with i would also like to note that as i said may 17th, this is a first step. This is not the b all, something that weve discuss with the chief, updates are needed with 3. 01 to make sure that its clear what, the evening clearer what the wla the commissions view is with bureau orders and i look forward to having that discussion. I think this is the first step in making sure that were not backsliding. This has been a process to go from the draft that we had to the one we had today and i would like to express my gratitude before i introduce the final amendment. I would like to thank our deputy City Attorney lisa cabrera who has patiently read every version and en proposed language up to and including suggesting the oral amendment that ill be making today. The deputy City Attorney has been helpful and im grateful for that assistance. I would like to thank the chief this is obviously a resolution that is one of ambiguous dis approval and im glad the chief was able to focus on the outcomes and were able to work and reach a consent on agreement. Just like president elias is the most important thing is that were moving forward. I would like to thank my colleagues and fellow commissioners but Vice President carteroberstone for raising thish with the seriousness that it deserves and with a clarity and certainly that is admirable and providing the base of the this resolution is based on, so im glad that Vice President raised this. And im happy for president elias for bringing this back today, i think its important that we pass this resolution and that we get it right and i thank president elias for bringing it back so we can get it back. So with that, would i like to make a motion to adopt this with minor revisions on june 6 and sent to the commission by Commission Staff with two further non substance edits. One is to remove the name of the recipients he at the end of the resolution. After consultation with the director, we dont need its neglect to include those names under the c lines. Cc lines. As well as to clarify one change to the second to the last further resolve clause. This was a change that i discussed with the City Attorney lisa cabrera today and to make this, just clarifying exactly what we want this process to look like. So this is the second to the last further resolve clause, it will read, further resolve the chief of police is directed to provide a draft to the commission, within 10 days which will be used by the commission and posted pursuant to d g. O. 3. 01, the draft will be available for comment and the chief police and the department chief of accountability and members of the public for 30 days. And with those ed its, those are my effort. And i would think that you would like to thank the staff for working even on their staff. Yes, Commission Staff not only providing that, providing advise when there were things we missed. Its an invaluable role and they went above and beyond here, so thank you. President elias can i get a second. Second. President elias commissioner byrne. Commissioner byrne thank you, i have a few concerns. The first concern, i hope can be resolved. Im concerned with the concern that there were the third resolution, which you made a minor amendment to is fundamentally different. From the third resolution that was posted before, because it gives us tenday turn around from the Police Department to present the, the draft of the d g. O. Within 10 days. I understand the urgency and i dont want to diminish the urgency of changing it. But realistically as something this important is ten days really, im not asking for a unlimented days, but 30 days is much more appropriate. Thats why i would not category as a minor and non substancetive its fair to the department. This is a notice of contempt to the department, give them time to draft the thing and think it through. What were going to get is a rushed job in ten days. The second point, i want to make, the four resolve are direct the chief of police to do certain matters. And as i said, other than my objection to the tight timeline of the ten days which i think is unduelly harsh, i agree with them. But the third resolution, to me, its an unnecessary. There was enough as in the whereases as to what happened. Its not necessary to slap the department more than it needs to be slapped with that. It does not direct the department to do anything. It just says, we find this. And the where as speaks to the fact the resolution speaks to what we intend to do. And as i said at the beginning, i would like to vote to this thing. I would like to send a message too, but i dont want to put what i think is a slap down in a way that does not affect what needs to be done. And that does not resolution, the where as states the fact as to what is going on. I know i would be slow in jeopardy because i didnt push the button fast enough, but would i like to make those two amendments, number one that we give the department 30 days and number 2, that we get rid of the first resolution and go to the for direct the chief as to what to do. Anyway thats all i have to say. Vice president oberstone. I just want to respond to commissioner byrne. I want to comment on the 10day, its just a minor change is because the overall period is the same. On the prior draft, we were given a 35days under a different provision of 3. 01. All were doing here is requiring ten days for that initial the department is free to improve. And i also dont think the case will be a rush job as you stated, because the basis will be the bureau order which by the departments own admission, it spent two years. So were not asking the department to write a deal from scratch, this is a significant topic that i spoke with the chief. And he believes that 2 plus 30 is doable, i wanted to respond to that. And ill note that its not a change that were directed them. I dont think have a, i dont have a problem with your amendment. Maybe im getting old and missing everything but the one that was posted on june first the one we got in the packet, says that the chief of police shall present the investigated social media accounts t g. O. Within 35 days. The one tonight says, the one accounts d g. O. Within ten days. So maybe im reading mill language wrong because of what goes on after, but i see 10 and i see 35. Right, i think the thing to note is the prior draft that the d g. O. Is going to revise under the 30day process. Under this new new draft it will be commission lead. So the commission will be taking, will be principally charged with the revision. So there is, the ten, so the tenday is just for the department and by the way, it already has an initial draft. Its the bureau order that it worked on for the better part of two years. I think that addresses your question. I just wanted to add one person to the litany of things that commissioner benedicto enumerated. I want to thank director katewood, we would not be here without her. They are were issued without any notice to the public. So we would have not discovered this, if it was not for director wood. I dont think that was necessarily an easy decision. But thats the type of oversight that the public demands so i just want to thank director kaywood, because we would have never have known because her actions. When i initially introduced this resolution to the department, i said that there was a threat to the commission. The department acted in secret to uusrp the policy authority, it was outragous, it was unethical and it was unlawful. And i said that the commission need today take Decisive Action to stall harm to the institution standing and to defend the publics right to oversight and policy making and policing arena. And i think this revised resolution does that. I dont lover single one but this resolution does the one thing that it must do which is that it sends, a clear message that this conduct will not be tolerate asked provides a deterrent from this happening again which is the most important thing. And the deterrent, the chief deterrent that it provides it makes the social media policy a commission lead policy. And i think to understand why it provides deterrents, we need to understand item department issued these bureau orders in the first instance. And as chief scott said at the last meeting, to hear him tell is because they needed a policy in the books and something was better than nothing. There are two things about that. First the need, the need to act swiftly can never be a reason to act unlawfully, whether its, violating the speed limit is not, the need to get somewhere in a hurry is not a justification for violating the speed limit or charter. And secondly, that rational we know cant be right because the department could have gotten a policy faster had it used the lawful process, and gotten a d g. O. In 30 days which our policy permits. So the fact that this resolution makes social media a commission lead policy, has essentially taken this out of the departments hands and sends a clear message that the this this is the course that the commission will take in the future if the department were ever to do this again. The very last thing i want to say, and i think one thing that has not been said at all and thats been missed is that are the affects of this course of conduct on officers . Right now, i presume officers need to be trained up on these bureau orders of questionable bureau authority. At the same time, the plainclothes order directly contradicts the Current Commission policy on plainclothes officers and it contradicts on the Body Worn Camera d g. O. So right now, officers republic asked to follow a bureau order on one hand that is in consistent with the policy and maybe put in the policy to take action in furred ansfurtherance. And i think that is extremely unfair position to put officers in. And the other thing it not only contradict current policy but it contradict what will be the new policy. So again well have to retrain officers on the new policy which is a recipe for constitution. So i wanted to highlight that its not a just a threat and oversight but its a terrible for our officers in the field and its unfair to them. So for all of those reasons, i would urge my colleagues to support the resolution. President elias chief scott. Chief scott thank you, president elias, im not going to reask on carteroberstone, i think i restated that last week. However i do want to point out two things. The department as required by d g. O. 3. 01 did get notice to dpa, thats how at least one of the policies came to their attention. And on the other policy, there was conversations with dpa along the way as well. I dont agree with that. Im not here to argue but i want to state the facts. And in terms of the policy themselves, i want to thank all the commission for working the department on this resolution and to me, its about the work. I said two points but ill make a third point. I disagree because i dont think its a punishment for the department to work with this commission. We should want to work with this commission. So to look at that like were being punished and the punishment is now you need to work with commission. I dont think thats well placed and i dont think thats the right spirit of, totally get the commission is the Oversight Board but to turn this conversation like were being punished, now youve got to go work with the commission, what kind of message is that sending . Not a constructive . President elias thank you, we are here now and we have a resolution, you have seen it and were moving forward, you know, how we got here and where we are, does not matter, we are here now and we have a solution. Commissioner yee. Commissioner yee thank you, very much president elias. Thank you very much for rewriting i guess this resolution to be for straightforward for the chief and the rest of the members. But just looking at the, as i printed out the other day, it says within 35 days, further police should present a investigation, social media within 35 days, thats what i saw. And then its 10 days on the new one, is it substantial . Yes, carter oberstone explained the difference, now it will be the commission, so we have a different timeline. So it wouldnt, its not going to its be going to jam them up. And made sure that theyre going to miss a deadline, its fine. So the question is, why was it written in 35 days and now changed to 10. No no no, thats kevin. May i