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April 10, 2013

APRIL 10, 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, Kingsley, Turman, Loftus

ABSENT: Commissioner Chan

(Commissioner Marshall arrived at 5:55 p.m.)

CONSENT CALENDAR

- Police Commission Report of Disciplinary Action, 1st Quarter 2013

Motion by Commissioner Kingsley, second by Commissioner Loftus. Approved

5-0.

PUBLIC COMMENT

None

PUBLIC COMMENT

Maria Bailey discussed concerns regarding black crime in the Tenderloin and

asked that there be more law enforcement.

Clyde spoke in regards to tasers.

Emil Lawrence spoke in regards to law enforcement career fair and other events

for veterans and charity wheelchair basketball game.

REPORTS AND ANNOUNCEMENTS

a. Chief’s Report

- Review of recent activities

- Scheduling of the less lethal weapons recommendation, including Electronic

Control Weapons (e.g. tasers)

Chief Suhr spoke in regards to recent events in the Department including the Rib

Cook Off and the Police Fire Public Safety Awards. The Chief also gave an update on

crime statistics and showed a picture of the firearm involved in the recent OIS shooting.

The Chief then announced that he withdraws his request for the pilot program

for tasers for the Department.

Commissioner Turman explained that tonight’s meeting had the item of less

lethal for discussion only and explained that he agrees with the Chief that the option

today is not tasers and that due to the withdrawal of the Chief for the pilot program

that there is no action tonight.

Commissioner Loftus commended the Chief and the Department for the

collaborative spirit throughout this process and commended the community for their

participation in the process.

b. OCC Director’s Report

- Review of recent activities

- Presentation of the OCC’s Monthly Comprehensive Statistical Report and

companion reports for the periods March 1, 2013 through March 31, 2013 and

March 1, 2012 through March 31, 2012, Mediation of Complaints in March

2013 and Adjudications of Sustained Complaints in March 2013

Director Hicks presented the OCC’s monthly Comprehensive Statistical Report

for March 2013.

c. Commission Reports

- Commission President’s Report

- Commissioners’ Reports

- Discussion re: Scheduling Resolution

Commissioner Mazzucco thanked the Commissioners and the Chief for holding

the town hall meeting regarding OIS. Commissioner Mazzucco also asked that when the

report for the follow-up on cell phone thefts, that the Apple representative be invited.

Commissioner Kingsley presented the scheduling resolution and spoke as to why

this is on the calendar for discussion and feedback.

d. Commission Announcements and scheduling of items identified for

consideration at future Commission meetings

Sergeant Kilshaw announced no meeting on April 17th .

PUBLIC COMMENT

Michaela Davis, ACLU, thanked the Commission and the Chief for all the work

put in in regards to the taser issue.

PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION

None

VOTE ON WHETHER TO HOLD CLOSED SESSION

Motion by Commissioner Mazzucco, second by Commissioner Loftus. Approved

6-0.

CLOSED SESSION (6:50 p.m. - 7:45 p.m.)

(6:50 p.m. - 7:45 p.m.)

PERSONNEL EXCEPTION: Decision to return disciplinary charges filed in Case No. IAD

201-0229 to the Chief’s level per disposition agreed to by the Chief and the parties

(PRESENT: Commissioners Mazzucco, Marshall, DeJesus, Kingsley, Turman, Loftus, Chief

Suhr, Deputy Chief Biel, Deputy City Attorney Blits, Sergeant Kilshaw, Risa Tom, Attorney

Alden, Attorney Hinckley, Attorney Burrell, member involved) Put over to May 1, 2013

(Taken in shorthand form by Ms. Dawn Sanders, CSR., Roomian & Associates)

PERSONNEL EXCEPTION: Assignment of disciplinary charges filed in Case No. IAD

2012-0223, to an individual Commissioner for the taking of evidence on a date to be

determined by the Commissioner

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

Deputy Chief Biel, Deputy City Attorney Blits, Sergeant Kilshaw, Risa Tom, Attorney

Alden, Attorney Shea, member involved) Resolution No. 13-17

CONFERENCE WITH LEGAL COUNSEL – Existing Litigation

Jesse Byrd, et al. vs. City and County of San Francisco, et al., U.S. District Court Case

No. CV11-1742 DMR, filed 4/8/11

(PRESENT: Commissioners Mazzucco, Marshall, DeJesus, Kingsley, Turman, Loftus, Chief

Suhr, Sergeant Kilshaw, Risa Tom)

PERSONNEL EXCEPTION: Assignment of an appeal of the Chief’s Suspension filed in

Case No. OCC 0768-11, to an individual Commissioner for the taking of evidence on a

date to be determined by the Commissioner

(PRESENT: Commissioners Mazzucco, Marshall, DeJesus, Kingsley, Turman, Loftus, Chief

Suhr, Sergeant Kilshaw, Risa Tom) Resolution No. 13-18

PERSONNEL EXCEPTION: Discussion and possible action to accept or reject Stipulated

Disposition of disciplinary charges filed in Case No. IAD 2010-0155, or take other

action if necessary

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

Deputy Chief Biel, Sergeant Kilshaw, Risa Tom, Attorney Alden, Attorney Hickman,

member involved) Put over to April 24, 2013

(Taken in shorthand form by Ms. Dawn Sanders, CSR., Roomian & Associates)

PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Chief of Police

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

shootings (OIS Case No. 13-004)

(PRESENT: Commissioners Mazzucco, Marshall, DeJesus, Kingsley, Turman, Loftus, Chief

Suhr, Sergeant Kilshaw, Risa Tom, Captain Pedrini, Insp. MacDonald, Insp. Payne)

ADJOURNMENT

Motion by Commissioner Turman, second by Commissioner Kingsley to adjourn

the meeting in honor of Jacob Baldavizo and Officer Isaac Espinoza. Approved 6-0.

Thereafter, the meeting was adjourned at 7:50 p.m.

__________________________________________

Inspector John Monroe

Secretary

San Francisco Police Commission

Last updated: 6/3/2013 10:30:21 AM