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January 22

JANUARY 22, 2014 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 5:30 p.m.

PRESENT: Commissioners Mazzucco, Turman, DeJesus, Chan, Kingsley, Loftus

ABSENT: Commissioner Marshall

PRESENTATION OF CERTIFICATE OF APPRECIATION

- Retired Sergeant/Inspector William Kidd

Chief Suhr presented the Certificates of Appreciation to retired Sgt./Inspector

William Kidd and retired Commander Richard Klapp.

PUBLIC COMMENT

Jakkee Bryson commended Officer Dobrowolski, #1936, for providing wonderful

service and thanked Officer Sharlow for assisting her.

Ernestine Weise spoke of a noise problem with tenant who lives above her and

also asked the Chief to work with PUC to install more lighting around Market Street and

around parks.

Ms. Paulette Brown spoke in regards to the homicide of her son Aubrey

Abrakasa, Jr., and asked for closure and justice for her son and she went on to show the

names of suspects responsible.

Clyde spoke of an officer-involved shooting and of an officer accused of

assaulting a minor.

Mark Gruber, United Taxicab Workers, spoke in regards to uninsured drivers

and spoke of ride-share drivers being uninsured. (Document submitted)

REPORTS AND ANNOUNCEMENTS

a. Chief’s Report

- Review of recent activities

- Presentation of the annual report regarding the Department’s work with the

Joint Terrorism Task Force "JTTF"

- Presentation re: Sexual Assault DNA Testing

Chief Suhr announced the tip line in regards to Ms. Brown’s son is 575-4444 and

asked the public for help. The Chief also briefly talked about an incident involving a

pedestrian/automobile collision. Chief Suhr gave a brief update in regards to Ms.

Stevens who was hit by a car a few years back. The Chief went on to report on recent

incidents in the city.

Lieutenant Fong and Lieutenant Gracie presented the JTTF Annual Report.

Yamen Silahi, Asian Law Caucus Civil Rights Program asked some questions and

concerns regarding dissemination of information and a more detailed explanation of

work done by SFPD officers with JTTF.

Captain Perea presented the report regarding Sexual Assault DNA Testing.

b. OCC Director’s Report

- Review of recent activities

Director Hicks has no report.

c. Commission Reports

- Commission President’s Report

- Commissioners’ Reports

Commissioner Mazzucco has no report.

d. Commission Announcements and scheduling of items identified for

consideration at future Commission meetings

Next meeting will be on February 5th and the District Meeting will be at Grattan

Elementary School on February 26th .

Commissioner Loftus would like a follow up discussion in regards to the

Pedestrian/Cyclist Safety.

- Assignment of disciplinary charges filed against Patrol Special Officer John

Barry, File No. ALW IAD Case No. 2013-0154, to an individual Commissioner for

the taking of evidence on a date to be determined by the Commissioner

Ms. Worsham for the Department and Officer Brown present. PSO Barry not

present. Assigned to Commissioner Mazzucco.

ASSIGNMENT OF COMMISSIONER AND SETTING OF DATE FOR THE TAKING OF

EVIDENCE ON THE DISCIPLINARY CHARGES FILED AGAINST PATROL SPECIAL OFFICER

JOHN BARRY (FILE NO. ALW IAD 2013-0154)

WHEREAS, the assignment of a Commissioner and setting of a date for hearing

on disciplinary charges filed against Patrol Special Officer John Barry, Star No. 2537, was

called it having been set for this date; and

WHEREAS, Commissioner Thomas Mazzucco is hereby assigned to conduct

taking of evidence in the disciplinary charges filed against Patrol Special Officer John

Barry; therefore be it

RESOLVED, that Commissioner Thomas Mazzucco is hereby assigned to conduct

taking of evidence in the disciplinary charges filed against Patrol Special Officer John

Barry, and is to be set at a later date.

AYES: Commissioners Mazzucco, Turman, DeJesus, Chan, Kingsley, Loftus

ABSENT: Commissioner Marshall

- Assignment of disciplinary charges filed against Patrol Special Officer John

Fitzinger, File No. ALW IAD Case No. 2013-0169, to an individual Commissioner

for the taking of evidence on a date to be determined by the Commissioner

Ms. Worsham for the Department and Officer Brown present. Department

asked that charges be withdrawn. Motion by Commissioner Mazzucco, second by

Commissioner Kingsley to withdraw charges filed against PSO John Fitzinger. Approved

6-0.

RESOLUTION NO. 14-4

ASSIGNMENT OF COMMISSIONER AND SETTING OF DATE FOR THE TAKING OF

EVIDENCE ON THE DISCIPLINARY CHARGES FILED AGAINST PATROL SPECIAL OFFICER

JOHN FITZINGER (FILE NO. ALW IAD 2013-0169)

WHEREAS, the assignment of a Commissioner and setting of a date for hearing

on disciplinary charges filed against Patrol Special Officer John Fitzinger, Star No. 2655,

was called it having been set for this date; and

WHEREAS, the Department requested that disciplinary charges filed against

Patrol Special Officer John Fitzinger be withdrawn; therefore be it

RESOLVED, that disciplinary charges filed against Patrol Special Officer John

Fitzinger are withdrawn and taken off calendar.

AYES: Commissioners Mazzucco, Turman, DeJesus, Chan, Kingsley, Loftus

ABSENT: Commissioner Marshall

PUBLIC COMMENT

Muhamed Shek, Community Advocate at Advancing Justice Asian Law Caucus,

spoke in regards to racial profiling against AMEMSA Communities and asked that

reports be analyzed.

Rachel Roberts, Civil Rights Coordinator American Islamic Relations, spoke of the

Safe SF Ordinance and freedom of religion and asked the Commission to take

appropriate action to repair the relationship of trust with the police and the community.

Unidentified spoke of concerns regarding the city’s infrastructure and collection

of information on Arab Muslim communities.

Unidentified spoke of full equality and justice for the community and spoke of

the war against terror and how people in his community are being targeted because of

the way they look and how passports are being confiscated.

Summer Hararah, Coalition for Safe SF, spoke in regards to change since the

passing of Safe SF Ordinance and spoke of NSA’s collection of data and the use for that

data and the follow up by the FBI.

Dustin Crono works with Muslin congregations and clergy spoke of fear within

the community and stated that the report is good in that it is answering questions but

stated that it is asking the wrong question in that it should be asking what is the level of

infiltration within the communities that are being paid for by the FBI that the JTTF may

know about that the SFPD is aware of.

Yamen Silahi stated they will be following up in writing on this report.

DISCUSSION AND POSSIBLE ACTION TO APPROVE SALE OF PATROL SPECIAL BEAT #69,

FROM PATROL SPECIAL OFFICER SERGE WHITE TO PATROL SPECIAL OFFICER JOHN

FITZINGER, OR TAKE OTHER ACTION, IF NECESSARY

Officer Carla Brown, Patrol Special Liaison, presented the sale of Beat #69.

PUBLIC COMMENT

None

Motion by Commissioner Loftus, second by Commissioner Kingsley. Approved

6-0.

RESOLUTION NO. 14-5

APPROVAL OF SALE OF PATROL SPECIAL BEAT #69, FROM PATROL SPECIAL OFFICER

SERGE WHITE TO PATROL SPECIAL OFFICER JOHN FITZNGER

RESOLVED, that the Police Commission hereby approves the sale of Patrol

Special Beat #69, from Patrol Special Officer Serge White to Patrol Special Officer John

Fitzinger.

AYES: Commissioners Mazzucco, Turman, DeJesus, Chan, Kingsley, Loftus

ABSENT: Commissioner Marshall

DISCUSSION AND POSSIBLE ACTION TO RECOMMEND THAT THE BOARD OF

SUPERVISORS ADOPT A RESOLUTION AUTHORIZING THE CHIEF OF POLICE TO

RETROACTIVELY ACCEPT AND EXPEND A GRANT AUGMENTATION IN THE AMOUNT OF

$159,469 FROM THE GOVERNOR’S OFFICE OF EMERGENCY SERVICES (Cal OES) FOR

THE ANTI-HUMAN TRAFFICKING TASK FORCE (HF) PROGRAM

Motion by Commissioner Chan, second by Commissioner Kingsley. Approved 6-

0.

RESOLUTION NO. 14-6

APPROVAL OF THE REQUEST OF THE CHIEF OF POLICE TO RECOMMEND THAT THE

BOARD OF SUPERVISORS ADOPT A RESOLUTION AUTHORIZING THE CHIEF OF POLICE

TO RETROACTIVELY ACCEPT AND EXPEND A GRANT AUGMENTATION IN THE AMOUNT

OF $159,469 FROM THE GOVERNOR’S OFFICE OF EMERGENCY SERVICES (Cal OES) FOR

THE ANTI-HUMAN TRAFFICKING TASK FORCE (HF) PROGRAM

RESOLVED, that the Police Commission hereby approves the request of the

Chief of Police to recommend that the Board of Supervisors adopt a resolution

authorizing the Chief of Police to retroactively accept and expend a grant augmentation

in the amount of $159,469 from the Governor’s Office of Emergency Services (Cal OES)

for the Anti-Human Trafficking Task Force (HF) Program.

AYES: Commissioners Mazzucco, Turman, DeJesus, Chan, Kingsley, Loftus

ABSENT: Commissioner Marshall

PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION

None

VOTE ON WHETHER TO HOLD CLOSED SESSION

Motion by Commissioner Kingsley, second by Commissioner Chan. Approved 6-

0.

CLOSED SESSION (7:35 p.m. – 9:00 p.m.)

(7:35 p.m. – 9:00 p.m.)

PERSONNEL EXCEPTION: Discussion and possible action to decide on Motion to

Vacate Hearing Date filed in Disciplinary Case No. ALW IAD 2012-0478, or take other

action, if necessary

(Present: Commissioners Mazzucco, Turman, DeJesus, Chan, Kingsley, Loftus, Chief

Suhr, Deputy Chief Tomioka, Deputy City Attorney Mahoney, Deputy City Attorney Blits,

Inspector Monroe, Risa Tom, Attorney Worsham, Attorney Furst, Attorney Hanlon, and

member involved and spouse)

(These proceedings are taken in shorthand form by Ms. Anna Greenley, CSR., Roomian

& Associates.)

PUBLIC EMPLOYEE PERFORMANCE EVALUATION – Chief of Police

Review of findings and Chief’s decision to return officers to duty following officerinvolved

shooting (OIS Case Nos. 13-009 & 14-001)

(Present: Commissioners Mazzucco, Turman, DeJesus, Chan, Kingsley, Loftus, Chief

Suhr, Deputy Chief Tomioka, Deputy City Attorney Mahoney, Inspector Monroe, Risa

Tom, Lieutenant Yick, Sergeant Crudo, Sergeant Altofer)

PERSONNEL EXCEPTION: Status and calendaring of pending disciplinary cases

(Present: Commissioners Mazzucco, Turman, DeJesus, Chan, Kingsley, Deputy City

Attorney Blits, Chief Suhr, Deputy Chief Tomioka, Inspector Monroe, Risa Tom)

OPEN SESSION

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

Motion by Commissioner DeJesus , second by Commissioner Chan for non

disclosure. Approved 6-0.

ADJOURNMENT

Motion by Commissioner Chan , second by Commissioner Loftus.

Approved 6-0.

Thereafter, the meeting was adjourned at 9:05 p.m.

__________________________________________

Inspector John Monroe

Secretary

San Francisco Police Commission

Last updated: 2/10/2014 12:20:19 PM