The files charges against a patrol special officer john barry file number alwiad case number 20130154, to an individual commissioner for the taking of evidence on a date of determined by the commissioner. And assignment of disciplinary charges filed against patrol special officer John Fitzinger file number alwiad case number 20130169 to an individual commissioner for taking of evidence on a date to be determined by the commissioner. Great, lets start with the first aassignment of cases with reference to the patrol barry, ashley waren appearing on behalf of the department. Is barry present this evening . For the record, that patrol special officer i dont know barry is not present, have you had conversation with his counsel. I have not but i was spoken with officer brown. Officer brown who is the special officer, could you please come forward . Good evening, officer brown was barry to be here this evening for the charges . He was notified. And he is not here. He chose not to. Chose not t
Evening . For the record, that patrol special officer i dont know barry is not present, have you had conversation with his counsel. I have not but i was spoken with officer brown. Officer brown who is the special officer, could you please come forward . Good evening, officer brown was barry to be here this evening for the charges . He was notified. And he is not here. He chose not to. Chose not to be here. Okay. Well, who is next in order for this case . It would be you commissioner. Okay great, thank you. Careful what you hope for. Okay, we orderly do when both sides for the public, these officers are not peace officers, they do not have the same protection and those they matters are held in public. So, what we have here before us is a unique situation which is a failure to appear at a hearing that the officer has been ordered to appear at and under the general rules and procedures of patrol special officers they have to obey an order from the San Francisco officer not there. And so t
And there was no evidence to support that and that did not go forward and the other one was the guard card and it was a copy, the firearms guard were never expired but providing a copy to me of the valid card and that was provided to me. Okay, if i might, when these commissioner charges were filed, i had actually gotten a chance to speak to officer brown after they were filed and i think that it was last wednesday night or a couple of wednesdays ago when we were present for the commission in talking to officer brown about other cases that we began to discuss the case and she stated that he was in compliance and so the thought it been should we turn it back to the chief level to see if there were further decisions. He is in compliance and certain things came in at concern times and did not come in at once but he has been working with her and that she was pleased with the progress and the fact that he was in compliance and i know that officer brown has been working hard with these specia
Recusal. By a vote. So i am just going to go ahead and ask, because i think that i am noticing maybe what the question might be at least from my end. So for the specifications, it looks like there are three specifications, one is about providing proof of his guard card and firearm guard and then also number two, proof of adequate automobile Liability Insurance and then specific identification three, failure to secure permission for the police to work a beat and those it looks like one of those three were described and is there a reason why . The first one, there was just a question and that ended up being insufficient evidence, and there was no evidence to support that and that did not go forward and the other one was the guard card and it was a copy, the firearms guard were never expired but providing a copy to me of the valid card and that was provided to me. Okay, if i might, when these commissioner charges were filed, i had actually gotten a chance to speak to officer brown after t
This time. Commissioner dejesus . Yes. Commissioner chan . Aye. Commissioner kingsley . Sni. Aye. Commissioner loftus . Aye. Motion passes 5. And i dont have a vote from. And abstaining . And one. You cant abstain. Commissioner . Let me ask the state attorney, are we able to abstain from a vote . Do we have to speak like on the mic and stuff like that. My assessment is that both parties are in agreement that they want to withdraw, the complaint, and the specification and so that to me is pretty compelling, and on top of that we are understanding the reason, which is that he is in compliance and has been for some time, but due to the administrative delay it took a long time to get to us and that is why i voted the way that i did. I believe under the rules you are required to vote for or against. 2. 5. Yes. There is a reason for recusal. By a vote. So i am just going to go ahead and ask, because i think that i am noticing maybe what the question might be at least from my end. So for the