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May 7, 2014

MAY 7, 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 5:35 p.m.

PRESENT: Commissioners Mazzucco, Turman, Marshall, DeJesus, Loftus, Hwang

Commissioner Mazzucco welcomed newly appointed Commissioner Victor

Hwang. Commissioner Hwang said a few words and introduced himself.

CONSENT CALENDAR (RECEIVE & FILE; ACTION)

(RECEIVE & FILE; ACTION)

- SFPD/OCC Document Protocol Quarter Report – 1st Quarter 2014

- Request for approval to accept gifts of Najeon Chilgi boxes from Asiana Airlines

to 56 individual members of the San Francisco Police Airport Bureau to

commemorate Asiana Airline’s sincere appreciation for the support and

kindness shown throughout the Flight 214 incident, valued at approximately

$20.00 each

- Request for approval to accept donation of a laptop computer from the "Hardly

Strictly Bluegrass" organization for use by the Richmond Station, valued at

$1907.48

PUBLIC COMMENT

None

Motion by Commissioner Marshall, second by Commissioner Loftus. Approved

6-0.

RESOLUTION NO. 14-23

APPROVAL TO ACCEPT GIFTS OF NAJEON CHILGI BOXES FROM ASIANA AIRLINES TO 56

INDIVIDUAL MEMBERS OF THE SAN FRANCISCO POLICE AIRPORT BUREAU TO

COMMEMORATE ASIANA AIRLINE’S SINCERE APPRECIATION FOR THE SUPPORT AND

KINDNESS SHOWN THROUGHOUT THE FLIGHT 214 INCIDENT, VALUED AT

APPROXIMATELY $20.00 EACH

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

Chief of Police to accept gifts of Najeon Chilgi boxes from Asiana Airlines to 56 individual

members of the San Francisco Police Airport Bureau to commemorate Asiana Airline’s

sincere appreciation for the support and kindness shown throughout the Flight 214

incident, valued at approximately $20.00 each.

AYES: Commissioners Mazzucco, Turman, Marshall, DeJesus, Loftus, Hwang

RESOLUTION NO. 14-24

APPROVAL TO ACCEPT DONATION OF A LAPTOP COMPUTER FROM THE "HARDLY

STRICTLY BLUEGRASS" ORGANIZATION FOR USE BY THE RICHMOND STATION, VALUED

AT $1907.48

Resolved, that the Police Commission hereby approves the request of the Chief

of Police to accept donation of a laptop computer from the "Hardly Strictly Bluegrass"

Organization for use by the Richmond Station, valued at $1907.48.

AYES: Commissioners Mazzucco, Turman, Marshall, DeJesus, Loftus, Hwang

PUBLIC COMMENT

Emil Guillermo spoke in regards to the homicide of Stephen Guillermo and

spoke of how the suspect was arrested and let go and concerns regarding gun violence

in San Francisco. He asked what is needed to arrest and charge the suspect.

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

Abrakasa and asked for justice for her son and showed the names of the suspects

responsible: Thomas Hannibal, Paris Moffett, Andrew Videau, Jason Thomas, and

Anthony Hunter.

Charmaine Guillermo, younger sister of Stephen Guillermo, spoke in regards to

the murder of her brother and how the suspect was released and how her family has

been living in the building for 15 years and asked for help for justice for her brother.

Clyde spoke in regards to politics in the Police Commission. He went on to

commend Southern Station for cleaning up 6th Street.

Maria Viliarta, Justice & Love for Alex Nieto, spoke regarding the OCC

complaints and lack of allegations against the officers and discussed concerns regarding

officers being disrespectful and spoke of a petition to the District Attorney for charges

against the officers.

Roxanna spoke on behalf of Stephen Guillermo and spoke of lack of justice for

the victim and asked for justice for Stephen and concerns regarding the suspect leaving

in the same building with a gun.

Unidentified stated that he has a lot of questions as to what happened to

Stephen and if justice is given to Stephen and asked that the investigation be expedited.

Tom Silhorst spoke in regards to the newly appointed commissioner. He went

on to speak about patrol specials and concerns regarding the Hart brothers. He also

thanked the Chief for authorizing the use of badge cameras.

Chief Suhr explained that the department has the murder weapon in regards to

the Guillermo matter.

DISCUSSION AND POSSIBLE ACTION TO ADOPT GENERAL ORDER 7.04, "CHILDREN OF

ARRESTED PARENTS," OR TAKE OTHER ACTION, IF NECESSARY

Captain McFadden presented DGO 7.04 "Children of Arrested Parents," draft

dated 3/12/14.

Ms. Samara Marion, OCC, introduced members of the youth organization,

Project What, and members of the Youth Commission.

Zoey Wilmont, Project What, spoke in support of DGO 7.04

Cheyenne McKenzie, 16 years old, member of Project What, spoke of her

experience during the arrest of her father in her presence.

Moesha Wyatt, 17 years old, member of Project What spoke of her experience

during the arrest of her mother in her presence.

Sophia, Youth Commission, expressed her support for DGO 7.04.

PUBLIC COMMENT

Larry Juicye Edmond spoke in regards to children being a child of God and how

children can always change.

Motion by Commissioner Loftus, second by Commissioner Turman.

Approved 6-0.

RESOLUTION NO. 14-25

ADOPTION OF DEPARTMENT GENERAL ORDER 7.04, "CHILDREN OF ARRESTED

PARENTS"

RESOLVED, that the Police Commission hereby approves to adopt Department

General Order 7.04, "Children of Arrested Parents," draft dated 03/12/14, which states

as follows:

"CHILDREN OF ARRESTED PARENTS

I. POLICY

A. The goal of responding officers and Family and Children’s Services (FCS) workers is to

minimize the disruption to the children of an arrested parent by providing the most

supportive environment possible after an arrest, minimizing unnecessary trauma to

the children of an arrestee, and determining the best alternative care for the children

that is safe. The purpose of this policy is to establish the best methods for working

with FCS and first responding officers.

B. Nothing in this policy negates parental rights to choose appropriate placement for

their children consistent with the procedures outlined below. Unless there is

compelling evidence to the contrary (obvious drug use, weapons or other indicators

of an unsafe environment) parental discretion shall be respected. However, FCS

maintains the ultimate responsibility for determining placement in the event the

parent does not designate placement.

II. DEFINITION

CHILD. Any person under the age of 18.

III. PROCEDURES

Responding officers shall assist FCS by adhering to the following procedures:

A. When making an arrest, officers shall inquire about the presence of children for

whom the arrested adult has responsibility. If the arrest is made in a home

environment, officers should be aware of items which suggest the presence of

children such as toys, clothing, formula, bunk bed, diapers, etc.

B. If it is safe to do so, officers should attempt to make the arrest away from the

children or at a time when the children are not present.

C. If it is safe to do so, officers should allow the arrested parent to assure the children

that they will be safe and provided for. If it is not safe or if the demeanor of the incustody

parent suggests this conversation would be non-productive, an officer at the

scene should explain the reason for the arrest in age-appropriate language and offer

reassurances to the children that both parent and children will be cared for.

D. When planning an arrest or search warrant, officers shall consider the ages and likely

location of the children when determining the time, place and logistics of executing

the arrest and/or search warrant.

E. If children are present, officers shall determine whether the non-arrested parent, an

adult relative, or other responsible adult (i.e. godparent, adult neighbor) is willing to

take responsibility for the children. Members shall conduct a preliminary criminal

background check and contact FCS to determine if the person willing to take

responsibility for the children has a history of child abuse. Any history of sexual

crimes, 290 PC registration status or violence against children makes the adult

ineligible to assume responsibility for the children. However, this does not apply to

the non-arrested parent unless there is a court order limiting contact with the

children. In any event, officers shall notify the FCS worker of the intended

placement. (Refer to DGO 7.01 III A. 1 through 6 for 300 W&I criteria)

F. To contact FCS, officers shall call 558-2650, identify themselves and the nature of

their call, and ask for an expedited response or call back from FCS. FCS workers have

been advised to expedite these calls to officers and/or supervisors in the field.

G. If the arrested parent’s children are at school at the time of the parent’s arrest, in

addition to contacting FCS, the responding officer shall contact the School Resource

Officer (SRO) of that school. If the SRO is not available, the responding officer shall

advise the school principal or the principal's designee of the parent’s arrest and

provide placement information if it is available.

H. The reporting officer shall include the following in the incident report:

the name and contact information of the adult with whom the

children were left,

any contact information of other family members the officers

identified to assist FCS in case future placement is necessary, and

the name and contact information of the FCS worker and school

personnel contacted.

Reference:

DGO 7.01, Policies and Procedures for Juvenile Detention, Arrest and Custody"

AYES: Commissioners Mazzucco, Turman, Marshall, Loftus, Hwang

REPORTS AND ANNOUNCEMENTS

a. Chief’s Report

- Review of recent activities

- Presentation of the 1st Quarter 2014 FDRB Findings & Recommendations & OIS

Investigative Summary

- Status update re: Traffic Enforcement Programs & Actions

Chief Suhr gave a brief crime update and spoke of two recent homicides. The

Chief also spoke of attending the Police Memorial in Sacramento.

Sergeant Crudo presented the 1st Quarter 2014 FDRB Findings &

Recommendations & OIS Investigative Summary.

Commander Ali presented the status update on Traffic Enforcement Programs &

Actions.

DISCUSSION AND POSSIBLE ACTION TO ADOPT "SAFE STREETS FOR ALL" RESOLUTION

2014, OR TAKE OTHER ACTION, IF NECESSARY

Taken out of order.

Commissioner Loftus presented the "Safe Streets for All" Resolution.

Nicole Schneider, Executive Director Walk SF, spoke in support of the resolution.

Leah Sham, Executive Director SF Bike Coalition, commended Chief Suhr and the

Department and Commissioner Loftus for their support of Vision Zero. She also

discussed concerns if too much resources are going to pedestrian and bike citations.

PUBLIC COMMENT

Larry Juicye Edmund supports safe streets.

Eric Duvall, Program Design Manager SF Bike Coalition, thanked the

Commission, Chief Suhr and the Department for their work on this issue and spoke of a

training video for SFPD.

Motion by Commissioner Turman, second by Commissioner Marshall. Approved

6-0.

RESOLUTION NO. 14-26

ADOPTION OF THE "SAFE STREETS FOR ALL" RESOLUTION 2014

RESOLVED, that the Police Commission hereby approves to the "Safe Streets for

All" Resolution 2014, which states as follows:

"SAFE STREETS FOR ALL RESOLUTION, 2014

WHEREAS, in 2013, 25 people were killed while walking or bicycling on the

streets of San Francisco; and

WHEREAS, the San Francisco Municipal Transportation Agency (SFMTA)

analyzed the collision data (2006 to first quarter of 2011) from Statewide Integrated

Traffic Records System (SWITRS) and reported their findings in a recent report; and

WHEREAS, the findings of that report included the top five (5) collision factors to

be: (1) driving at unsafe speed given conditions of roadway, (2) vehicular violation of red

light signal; (3) failure to yield to pedestrian at a crosswalk; (4) failure to yield while

making a left or U-turn; (5) failure to stop at a STOP sign limit line; and

WHEREAS, the Department is committed to data-driven enforcement that

includes "Focusing on the Five" primary collision factors as a best effort to prevent and

reduce serious injury and death; and

WHEREAS, the San Francisco Police Department ("Department" or "SFPD")

believes that most of these serious injuries and deaths are preventable, now, therefore

be it

RESOLVED, that the Department shall officially adopt the term, "collision" in

place of accident when referring to traffic crashes; and

FURTHER, BE IT RESOLVED, that the Department supports Vision Zero, a plan to

eliminate traffic deaths in San Francisco in 10 years; and

FURTHER, BE IT RESOLVED, that the Department will work with community

stakeholders to expand training and education of SFPD officers regarding the rights and

responsibilities of everyone on the road; and

FURTHER, BE IT RESOLVED, that the Department shall provide a report to the

San Francisco Police Commission every quarter, to be calendared for the second Police

Commission meeting of the quarter, regarding the progress made toward implementing

the above resolutions; including, but not limited to, these specific data points:

Number of traffic citations given (by total and by mode)

o

 

The Department will continue to also provide this information to

 

stakeholders monthly.

Percent of collisions attributed to one of the five primary collision factors

o

 

The Department will continue to also provide this information to

 

stakeholders monthly.

Number of people receiving citations/arrests at the scene of traffic collisions vs.

number of collisions

Number of operations around school facilities and senior zones

FURTHER, BE IT RESOLVED, that the Chief of Police will report back to the Police

Commission in 30 days with any recommended changes to this resolution."

AYES: Commissioners Mazzucco, Turman, Marshall, Loftus, Hwang

(The Commission recessed at 7:55 p.m. and recommenced at 8:06 p.m.)

b. OCC Director’s Report

- Review of recent activities

- Presentation of the OCC’s 2013 Annual Comprehensive Statistical Report

- Presentation of the OCC’s Statistical Reports & Summary of Cases received in

February 2014 & March 2014, Mediation of Complaints in February 2014 &

March 2014, and Adjudication of Sustained Complaints in February 2014 &

March 2014

- Presentation of the OCC’s Outreach Strategic Plan

Director Hicks presented the OCC’s 2013 Annual Report and the OCC’s Outreach

Strategic Plan. Director Hicks introduced her staff that are present for tonight’s

meeting.

c. Commission Reports

- Commission President’s Report

- Commissioners’ Reports

Commissioner Mazzucco announced that he along with Commissioners Loftus

and Hwang attending the Academy Graduation last week and spoke of recent arrests of

four dangerous suspects.

Commissioner Loftus read an excerpt from Chief Suhr’s speech at the

graduation.

Commissioner Hwang also commented on attending the graduation and spoke

of spending time with the Guillermo family and thanked the Chief for spending time

with the family to answer some questions. Commissioner Hwang also stated that he

met with the Community Tenants Association regarding concerns like the increased

number of homeless at Portsmouth Square and asked if Central Station can be tasked

with a homeless outreach officer just like what Tenderloin has. Another concern is

pedestrian safety issues and robberies in the neighborhood.

d. Commission Announcements and scheduling of items identified for

consideration at future Commission meetings

Commissioner Mazzucco suggested that the election of officers be scheduled for

the first or second week of June.

Inspector Monroe announced that the meeting in the Northern will be on May

28th at Sacred Heart Cathedral High School Theatre, starting at 6 p.m.

PUBLIC COMMENT

Juicye Edmund spoke of leaving San Francisco and plans to travel.

PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION

None

VOTE ON WHETHER TO HOLD CLOSED SESSION

Motion by Commissioner Loftus, second by Commissioner Marshall. Approved

6-0.

CLOSED SESSION (9:15 p.m. to 10:00 p.m.)

(9:15 p.m. to 10:00 p.m.)

a. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation

Siobhan McAuliffe v. CCSF, SF Superior Court CGC-12-524514, filed 1/5/2012;

SF Superior Court CGC-12-524514, filed 1/5/2012;

(Present: Commissioners Mazzucco, Turman, Marshall, Chan, Loftus, Hwang,

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

Monroe, Risa Tom)

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

IAD 2013-0117 to an individual Commissioner for the taking of evidence on a

date to be determined by the Commissioner

(Present: Commissioners Mazzucco, Turman, Marshall, DeJesus, Loftus, Hwang,

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

Monroe, Risa Tom, Attorney Alden, Attorney Knox, member involved)

c. PERSONNEL EXCEPTION: Request by the Department to issue subpoenas in

Case No. IAD 2012-0662 for a hearing set on May 22, 2014

(Present: Commissioners Mazzucco, Turman, Marshall, Chan, Loftus, Hwang,

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

Monroe, Risa Tom, Attorney Alden, Attorney Sullivan, Attorney Stern)

d. PERSONNEL EXCEPTION: Approval to take the following disciplinary cases off

calendar:

- ALW IAD 2012-613 (Accused Officer Resigned)

- OCC 034-12 (Appeal Withdrawn)

(Present: Commissioners Mazzucco, Turman, Marshall, Chan, Loftus, Hwang,

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

Monroe, Risa Tom, Attorney Stern, Attorney Alden, Attorney Sullivan)

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

(Present: Commissioners Mazzucco, Turman, Marshall, Chan, Loftus, Hwang,

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 Loftus , second by Commissioner DeJesus for non

disclosure. Approved 6-0.

ADJOURNMENT

Motion by Commissioner DeJesus, second by Commissioner Turman. Approved

6-0.

Thereafter, the meeting was adjourned at 10:00 p.m.

__________________________________________

Inspector John Monroe

Secretary

San Francisco Police Commission

1345/rct

Last updated: 6/25/2014 2:52:58 PM