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April 21, 2010

Seal of the City and County of San Francisco

SAN FRANCISCO POLICE COMMISSION

Wednesday, April 21, 2010

CITY HALL, ROOM 400

#1 Dr. Carlton B. Goodlett Place

San Francisco, California

5:30 P.M.

Dr. Joe Marshall
President

Thomas Mazzucco
Vice President

Petra DeJesus
Commissioner

James T. Hammer
Commissioner

Yvonne Y. Lee Commissioner

David Onek
Commissioner

Vincent Pan
Commissioner



Lt. Joe Reilly
Secretary


Roll Call; Pledge of Allegiance

1. Public Comment

(Members of the public may address the Police Commission for a time period determined by the Chair on items that are within the subject matter jurisdiction of the Commission but do not appear on the agenda. Speakers shall address their remarks to the Commission as a whole and not to individual Commissioners or Department personnel. Under the Police Commission Rules of Order, during the Public Comment, Commissioners are not to enter into debate or discussion with speakers.)

2. Reports to the Commission (DISCUSSION ONLY)

a. Chief’s Report

- Update on significant policing efforts by Department members

b. OCC Director’s Report

- Review of recent activities

c. Commission Reports

- Commission President’s Report

- Commissioners’ Reports

4. Discussion and possible action to adopt revised Police Commission Procedural Rules Governing Trial of Disciplinary Cases (ACTION ITEM)

5. Routine Administrative Business (DISCUSSION ONLY)

a. Commission Announcement

- Assignment of amended disciplinary charges filed in Case Nos. JWA C09-128 and JWA C10-046 to an individual Commissioner for the taking of evidence on a date to be determined by the Commissioner

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

6. Public Comment on all matters pertaining to Closed Session

7. Vote on whether to hold Closed Session. (San Francisco Administrative Code Section 67.10) (ACTION ITEM)

8. Closed Session

a. Pursuant to Government Code Section 54957(b)(1) and San Francisco

Administrative Code Section 67.10(b) and Penal Code 832.7:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Chief of Police

Review of findings and decision to return officer to duty following officer-involved shooting (OIS Case No. 10-003) (DISCUSSION ONLY)

b. Pursuant to Government Code Section 54957(b)(1) and San Francisco

Administrative Code Section 67.10(b) and Penal Code 832.7: (ACTION ITEM)

PERSONNEL EXCEPTION: Request of the Chief of Police to return disciplinary charges filed in Case No. JWA C01-032 to the Chief’s Level for disposition

c. Pursuant to Government Code Section 54957(b)(1) and San Francisco

Administrative Code Section 67.10(b) and Penal Code 832.7: (ACTION ITEM)

PERSONNEL EXCEPTION: Discussion and possible action to adopt proposed Findings of Fact and Conclusions of Law in support of Police Commission Denial of Motion to Dismiss filed in Disciplinary Case Nos. D08-013 and C08-014, heard March 17, 2010

d. Pursuant to Government Code Section 54957(b)(1) and San Francisco

Administrative Code Section 67.10(b) and Penal Code 832.7: (ACTION ITEM)

PERSONNEL EXCEPTION: Discussion and possible action to adopt proposed Findings of Fact granting Motion to Dismiss filed in Disciplinary Case Nos. IVF C10-013 and

IVF C10-014, heard March 17, 2010

The following time limits will apply for Agenda Items 8.e and 8.f:

Charged Officer’s Closing Argument: up to 10 minutes (may reserve time for rebuttal)

Department’s Closing Argument:: up to 10 minutes

e. Pursuant to Government Code Section 54957(b)(1) and San Francisco

Administrative Code Section 67.10(b) and Penal Code 832.7: (ACTION ITEM)

PERSONNEL EXCEPTION: Discussion and possible action to sustain or not sustain disciplinary charges filed in Case No. ALW C09-186

f. Pursuant to Government Code Section 54957(b)(1) and San Francisco

Administrative Code Section 67.10(b) and Penal Code 832.7: (ACTION ITEM)

PERSONNEL EXCEPTION: Discussion and possible action to sustain or not sustain disciplinary charges filed in Case Nos. C06-217, C06-218, C06-219, and C06-220

g. Pursuant to Government Code section 54956.9(b)(1) and San Francisco Administrative Code Section 67.10(d)(2): (DISCUSSION ONLY)

CONFERENCE WITH LEGAL COUNSEL: Anticipated Litigation:

City as Defendant; Number of Potential Cases: One

(OPEN SESSION) Roll Call.

9. Vote to elect whether to disclose any or all discussion held in closed session (San Francisco Administrative Code Section 67.12(a)) (ACTION ITEM)

10. Adjournment (ACTION ITEM)

PLEASE NOTE: The Police Commission will be holding a Special Meeting this month at a location other than City Hall.

1. The Commission will hold its Community Meeting in the Taraval District, at the A.P. Gianini Middle School, 3151 Ortega Street, San Francisco, at 6:00 p.m., on Wednesday, April 28, 2010, to hear comments from the public and Taraval Station Captain Denise Schmitt concerning public protections issues in the Taraval District

SUPPORTING DOCUMENTATION FOR POLICE COMMISSION AGENDA ITEMS THAT ARE NOT CONFIDENTIAL AND DOCUMENTATION THAT HAVE BEEN DISTRIBUTED TO THE COMMISSION AFTER DISTRIBUTION OF THE AGENDA PACKETS ARE AVAILABLE FOR REVIEW AT THE POLICE COMMISSION OFFICE, THOMAS J. CAHILL HALL OF JUSTICE, 850 BRYANT STREET, ROOM 505, SAN FRANCISCO, CA 94103, DURING NORMAL BUSINESS HOURS. (415) 553-1667


The Commission will hear public comment on all agenda items before or during discussion of the item. The period of time allowed for public comment may be modified by the Chair in the interest of fairness to all those wishing to address the Commission.


The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting. Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices.


KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE
(Chapter 67 of the San Francisco Administrative Code)
Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.
FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE OR TO REPORT VIOLATION OF THE ORDINANCE, CONTACT THE SUNSHINE ORDINANCE TASK FORCE: CITY HALL, ROOM 244, #1 DR. CARLTON B. GOODLETT PLACE, SAN FRANCISCO, CA 94102-4689; OFFICE (415) 554-7724; FAX

(415) 554-5163; Copies of the Sunshine Ordinance can be obtained from the Clerk of the Sunshine Task Force, the San Francisco Public Library, and on the City's website at www.ci.sf.ca.us/bdsupvrs/sunshine



Last updated: 5/17/2010 11:24:13 PM