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January 30, 2013

 

JANUARY 30, 2013 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.

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

ADOPTION OF THE MINUTES

- Amended minutes for September 2, 2012, adopted November 28, 2012

- For the meetings of November 28

th, December 5th, and 19, 2012

 

PUBLIC COMMENT

None

Motion by Commissioner Chan, second by Commissioner Kingsley. Approved 7-0.

CONSENT CALENDAR

- SFPD/OCC’s 4

th Quarter Report on General Orders/Policy Proposals

 

PUBLIC COMMENT

None

Motion by Commissioner Chan, second by Commissioner Marshall. Approved 7-0.

PUBLIC COMMENT

Ray Hartz, SF Open Government, spoke in regards to his complaint about the Department not responding in a timely manner for his request for a copy of a police report. (document submitted) "One year ago, next week, two SFPD officers visited my home investigating a complaint filed against me based on public comments made at a Library Commission meeting. Six weeks later I asked for a copy of the police report and the record of the visit. When certain records were withheld: From minutes of the Sunshine Ordinance Task Force, December 5, 2012: File No. 12018: Complaint filed by Ray Hartz, Jr. against Greg Suhr, Chief of Police for allegedly responding to an Immediate Disclosure Request late, incompletely, and unlawfully. Member Knee, seconded by Member Washburn, moved to find violation of Sunshine Ordinance Section 67.25(a) based on the Police Department’s failure to respond in a timely matter; referral to Education, Outreach and Training Committee. The motion passed by the following vote: Ayes: 7- Knee, Manneh, Washburn, Pilpel, Hyland, Oka, Fischer, Noes: 2 – Sims, Grant, Excused: 1 – David."

Nick Pestriello spoke in regards to tasers and his opposition to tasers .

Jeremy Miller spoke in regards to tasers and brought with him information requested by Commissioner Loftus during the ECW meeting of January 22, 2013. (documents submitted)

PUBLIC COMMENT ON ALL MATTER PERTAINING TO CLOSED SESSION

(Taken out of order)

Ray Hartz, SF Open Government, spoke in regards to taking the Closed Session items out of order and going into Closed Session.

VOTE ON WHETHER TO HOLD CLOSED SESSION

(Taken out of order)

Motion by Commissioner Kingsley, second by Commissioner Chan. Approved 7-0.

CLOSED SESSION

(5:55 p.m. – 7:30 p.m.)

 

(Taken out of order)

a. PERSONNEL EXCEPTION: Discussion and possible action to decide penalty on a sustained specification filed in Case No. JWA C11-194/IAD 2010-0210, or take other action

(Present: Commissioners Mazzucco, Marshall, DeJesus, Chan, Kingsley, Turman, Loftus, Deputy City Attorney Zarefski, Inspector Monroe, Risa Tom, Attorney Worsham, Attorney Alden, Attorney Burrell and member involved)

(Taken in shorthand form by Ms. Anna Greenley, CSR.)

b.

 

PERSONNEL EXCEPTION: Discussion and possible action to accept or reject motion to dismiss filed in case no. ALW C10-244, to take other action, if necessary

 

(Present: Commissioners Mazzucco, Marshall, DeJesus, Chan, Kingsley, Turman, Loftus, Chief Suhr, Deputy City Attorney Zarefski, Inspector Monroe, Risa Tom, Attorney Worsham, Attorney Foley, member not present)

(Taken in shorthand form by Ms. Anna Greenley, CSR.)

c. PERSONNEL EXCEPTION: Status and calendaring of pending disciplinary cases

(Present: Commissioners Mazzucco, Marshall, DeJesus, Chan, Kingsley, Turman, Loftus, Chief Suhr, Inspector Monroe, Risa Tom)

No discussion.

OPEN SESSION

REPORTS AND ANNOUNCEMENTS

a. Chief’s Report

- Review of recent activities

- Presentation of the 4

th Quarter 2012 FDRB Findings & Recommendations

 

- Presentation of the OIS Investigative Summary

- Presentation regarding Officer-Involved Shooting Investigation Process

- Presentation regarding Anti-Gun Violence

Commissioner Mazzucco announced that the presentation regarding OIS Investigation Process is put over to February 2

 

nd.

 

Chief Suhr gave a brief update on recent events including the recent recruit class graduation on January 25

 

th. The Chief went on to talk about planning for the Super Bowl, the Lunar New Year et cetera.

 

Sergeant Crudo presented the 4

 

th Quarter 2012 FDRB Findings & Recommendations and the OIS Investigative Summary reports.

 

Deputy Chief Biel, along with Officer Angelo Spagnoli, Captain Denis O’Leary, and Captain Joe McFadden presented the Anti-Gun Violence presentation.

b. OCC Director’s Report

- Review of recent activities

- Presentation of the OCC’s 2013 Community Outreach Strategic Plan and Report on Outreach Activities

- Presentation of the OCC’s 2012 First Amendment Compliance Audit of San Francisco Police Department Records pursuant to Department DGO 8.10

- Presentation of the monthly Comprehensive Statistical Reports & Companion Reports for the periods January 1, 2012 through December 31, 2012 & January 1, 2011 through December 31, 2011, Mediation of Complaints in December 2012 and Adjudication of Sustained Complaints in December 2012

Director Hicks gave a brief update on recent events. Director Hicks then went on the present the 2013 Community Outreach Strategic Plan and report on Outreach Activities, the 2012 First Amendment Compliance Audit, and the Comprehensive Statistical Reports and Companion Reports.

c. Commission Reports

- Commission President’s Report

- Commissioners’ Reports

Commissioner Mazzucco reported on recent recruit graduation and talked about community service the recruits had to go through. He also reported about attending the St. Thomas More Society luncheon.

Commissioner Loftus asked that Chief Suhr share his speech that he gave at the graduation to the other commissioners. Commissioner Loftus also spoke regarding the Kevin Collins case and the case of Ms. Paulette Brown’s son.

d. Commission Announcements and scheduling of items identified for consideration at future Commission meetings

Insp. Monroe announced that the next meeting will be Wednesday, February 6

 

th, at City Hall, and a community meeting on the 27th of February in the Northern District.

 

PUBLIC COMMENT

Ray Hartz, SF Open Government, discussed concerns regarding documents not being available to the public. He then went on to talk about concerns regarding Insp. Miranda. (document submitted) "I am filing with Director Hicks, of the Office of Citizen Complaints, this complaint against Inspector James Miranda, for lying about the existence of certain public records. The inspector visited my home on February 6, 2012 to talk with me regarding SFPD Incident Report #120098278. When I contacted Inspector Miranda, approximately six weeks later he denied that any documents related to the visit to my home and/or our conversation existed. When I challenged his statement, he refused to deal with me. He apparently told the City Attorney’s Office, acting in its capacity as Supervisor of Records that the documents did not exist. I learned this from an email from DCA Paula Jesson, who stated in part: ‘I understand further that you had a discussion with Inspector Miranda and that he informed you that he had no additional records in the file.’ Lies are one thing, a stupid lie is another!"

Ms. Paulette Brown spoke in regards to her son’s unsolved homicide case and stated that something has to be done to have closure.

DISCUSSION AND POSSIBLE ACTION TO MOVE THE POLICE COMMISSION’S "DARK" OR NO MEETING DAY FROM THE 2

ND WEDNESDAY OF EACH MONTH TO THE 3RD WEDNESDAY OF EACH MONTH

 

Motion by Commissioner Marshall, second by Commissioner Chan. Approved 7-0.

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

Motion by Commissioner Marshall, second by Commissioner Kingsley for non disclosure. Approved 7-0.

PUBLIC COMMENT

Ray Hartz discussed concerns regarding rearranging agenda.

ADJOURNMENT

Motion by Commissioner Kingsley, second by Commissioner Loftus. Approved 7-0.

Thereafter, the meeting was adjourned at 9:45 p.m.

__________________________________________

Inspector John Monroe

Secretary

San Francisco Police Commission

Last updated: 3/8/2013 12:45:15 PM