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May 05, 2010

 

REGULAR MEETING

The Police Commission of the City and County of San Francisco met in Room 400, City Hall, #1 Dr. Carlton B. Goodlett Place, San Francisco, at 5:40 p.m., in a Regular Meeting.

PRESENT: Commissioners Mazzucco, DeJesus, Hammer, Onek

Commissioner Mazzucco explained why the Commission is down to four. He stated that Commissioner Marshall has been reappointed by the Mayor and is now going through the confirmation process. Commissioners Pan and Lee were termed out and will be missed by the Commission.

Commissioner Mazzucco asked the City Attorney for an opinion as to only having four commissioners and a vote of 4 to 1. Commissioner Mazzucco asked for a written opinion so that the Commission can proceed with items needed to go forward with including disciplinary matters. Deputy City Attorney Ross stated that her office will be happy to provide the Commission with an opinion and also stated that the general rule is that with a 7-member commission, it does take four (4) members to vote on something to have it be effective.

Commissioner Hammer asked about, for example, an appeal of the Chief’s suspension and asked if three commissioners voted to grant the appeal and one commissioner voted not to grant the appeal, does it fail for not having four votes or is it as though the Commission didn’t act and therefore have to hear it again. Deputy City Attorney Ross stated that she will get back to the Commission in regards to that question but stated that generally there is no action taken by the Commission unless there is four votes. Ms. Ross stated that that question needs to be answered and that she will get back to the Commission.

PUBLIC COMMENT

Christine Harris discussed concerns regarding electromagnetic stalking and harassment.

Emile Lawrence discussed ongoing budget crisis in the city of San Francisco.

Clyde discussed DNA lab.

CONSENT CALENDAR

- Police Commission’s First Quarter 2010 Report of Closed Session Disciplinary Actions

- OCC’s First Quarter 2010 Quarterly Reports

PUBLIC COMMENT

Emile Lawrence asked for statistics from the OCC.

Clyde stated that most of the statistics are on the website.

Received and filed.

REPORTS TO THE COMMISSION

a. Chief’s Report

- Update on significant policing efforts by Department members

- Presentation of the First Quarter 2010 FDRB Findings & Recommendations

- Presentation of the Officer-Involved Shooting Investigation Status Summary

Chief Gascón reported on crime stats: year-to-date overall crimes are down 14 percent as compared to last year, total of 1900 crimes less; violent crimes are even from 2009 which is 2,331; homicides are 17 in 2010 versus 15 from 2009; rapes are 54 for 2010 versus 50 in 2009; robberies are 1,111 in 2010 versus 1,054 in 2009.

Assistant Chief Godown reported on the status of the lab and stated that the Department is continuing with the criminal and the administrative investigations and hopes to bring the criminal investigation to the Attorney General’s Office by next week.

Commissioner Hammer asked how many sexual assaults DNA samples are waiting in the lab; what’s the department’s timeline as to have these outsource and results; and would like a policy presented to the Commission for approval as to the standard of care and what period of time DNA samples would be tested. Commissioner Hammer stated that there should be a clear standard that the Department can live up to going forward and asked for a report next week. Chief Gascón stated that he would be cautious as to having a policy of having the work done by a certain period of time because it could create false expectations.

Commissioner Hammer asked about the Brady Policy. Chief Gascón stated as of today, the Department does not know how many cases are being reviewed but files are being reviewed and at the same time the Department is meeting with the POA in regards to issues that have to be resolved. The Chief also stated that the District Attorney’s Office has completed a written policy and the Department is anticipating completing its policy by the end of this week. The Chief stated that his goal is to have the first cut of a list by the latter part of next week.

Commissioner DeJesus asked why the Commission was not provided with a copy of the DOJ audit of the crime lab. Assistant Chief Godown stated that at that time the audit has not been vetted and that the Department has not discussed the results of the audit with DOJ. Chief Gascón stated that he had a discussion with Commissioner Mazzucco in regards to the audit. Commissioner DeJesus discussed concerns in regards to pitches and are they being complied with. Chief Gascón stated that he will have Police Legal do a presentation to the Commission.

Commissioner DeJesus also asked to have statistics that she asked for in regards to medical cannabis by next week. Commissioner DeJesus expressed concerns about the Chief’s attitude. Deputy City Attorney Linda Ross advised the Commission that if they are going to talk about a topic in depth, that it should be agendized and that there is a time and a place for review of the Chief of Police and that there is a specific procedure for that. Commissioner DeJesus stated that she would like it on the agenda for next week.

Commissioner Mazzucco asked for clarification as to what will be agendized in regards to the cannabis presentation.

Commissioner DeJesus also would like the Chief’s evaluation on the agenda next week. Commissioner DeJesus also asked that the question of having a complainant in regards to the enforcement of sit and lie be on the agenda next week.

Commissioner Hammer asked that the requests of Commissioner DeJesus be put forward on the 19

th instead of next week due to the burden of the crime lab investigation and the Brady issue on the Department. Commissioner DeJesus stated that she will discuss it with Commissioner Mazzucco but she prefers it for next week.

Sergeant Mike Nevin, MCD, presented the First Quarter 2010 FDRB Findings and Recommendations and also presented the OIS Investigation Status Summary.

b. OCC DIRECTOR’S REPORT

- Review of recent activities

Director Hicks reported that the OCC has opened 332 cases to date and closed 338. There are 425 pending cases with 170 from 2009 and 255 from 2010;

sustained 23 cases to date as compared to 15 cases sustained in 2009. Mediations: The OCC mediated seven cases to date in 2010 as compared to 25 in 2009.

c. Commission Reports

- Commission President’s Report

- Commissioners’ Reports

Commissioner Mazzucco reported that Friday, he, along with Commissioners DeJesus and Lee, attended the Academy Graduation of 37 recruit officers.

Commissioner Hammer suggested transparency measures in regards to discipline be agendized some time in the near future. Commissioner Mazzucco stated he will put that on the agenda sometime in June.

PUBLIC COMMENT

Emil Lawrence asked about LiveScan.

Clyde stated that information are on the website.

PRESENTATION OF THE QUARTERLY REPORT BY THE DEPARTMENT AND THE OFFICE OF CITIZEN COMPLAINTS REGARDING POLICE PROPOSALS (SPARKS RESOLUTION)

Ms. Samara Marion addressed the Commission in regards to the quarterly report regarding police proposals.

Lieutenant Rob O’Sullivan presented the quarterly report in regards to Police Proposals.

Commissioner Onek thanked Lt. O’Sullivan and Ms. Marion for their work.

PUBLIC COMMENT

None

ROUTINE ADMINISTRATIVE BUSINESS

a. Commissioner Announcement

b. Scheduling of items identified for consideration at future Commission Meetings

None

PUBLIC COMMENT

None

PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION

None

VOTE ON WHETHER TO HOLD CLOSED SESSION

Motion by Commissioner Mazzucco, second by Commissioner Onek. Approved 4-0.

CLOSED SESSION

(7:09 p.m. to 7:35 p.m.)

a. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Chief of Police: Review of findings and decision to return officer to duty following officer-involved shooting (OIS Case No. 10-004)

PRESENT: Commissioners Mazzucco, DeJesus, Onek, Hammer, Lt. Reilly, Deputy City Attorney Ross, Chief Gascón, Sgt. Nevin

b. PERSONNEL EXCEPTION: Discussion and possible action to accept or reject Stipulated Disposition of disciplinary charges filed in Case No. JWA C01-032

PRESENT: Commissioners Mazzucco, DeJesus, Onek, Hammer, Lt. Reilly, Deputy City Attorney Ross, Chief Gascón

Item continued for a future date.

c. PERSONNEL EXCEPTION: Status and calendaring of the following pending matters: RMW C08-166, RMW C08-167

PRESENT: Commissioners Mazzucco, DeJesus, Onek, Hammer, Lt. Reilly, Deputy City Attorney Ross, Chief Gascón

VOTE TO ELECT WHETHER TO DISCLOSE ANY OR ALL DISCUSSION HELD IN CLOSED SESSION

Motion by Commissioner Mazzucco, second by Commissioner DeJesus for non disclosure. Approved 4-0.

ADJOURNMENT

Motion by Commissioner Mazzucco, second by Commissioner Hammer. Approved 4-0.

Thereafter, the meeting was adjourned at 7:40 p.m.

_______________________________________

Lieutenant Joseph Reilly

Secretary

San Francisco Police Commission

1497/rct

Last updated: 9/2/2010 11:07:35 AM