REGULAR MEETING. Commissioner Mazzucco welcomed new commissioners, Cindy Elias and John Hamasaki,

Transcription

1 JUNE 6, 2018 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 5:38 p.m. PRESENT: Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias Commissioner Mazzucco welcomed everyone in attendance. Commissioner Mazzucco announced that the meeting will be adjourned in memory of Commissioner Julius Turman. Commissioner Mazzucco welcomed new commissioners, Cindy Elias and John Hamasaki, ADOPTION OF MINUTES Meeting of May 2, Motion by Commissioner DeJesus, second by Commissioner Hirsch. Approved None CONSENT CALENDAR Request of the Chief of Police to accept $20.00 donation from Charles Chow of the Chinese Consolidated Benevolent Association for the San Francisco Police Department's Police Activities League (PAL) Request of the Chief of Police to accept furniture donation, valued at approximately $9,500.00, from StubHub Ticket Services, for use at District Stations Motion by Commissioner Hirsch, second by Commissioner Hamasaki. Approved None RESOLUTION NO APPROVAL OF THE REQUEST OF THE CHIEF OF POLICE TO ACCEPT DONATION OF $20.00 FROM CHARLES CHOW OF THE CHINESE CONSOLIDATED BENEVOLENT ASSOCIATION FOR THE SAN FRANCISCO POLICE DEPARTMENT'S POLICE ACTIVITIES LEAGUE (PAL) RESOLVED, that the Police Commission hereby approves the request of the Chief of Police to accept donation of $20.00 from Charles Chow of the Chinese Consolidated Benevolent Association for the San Francisco Police Activities League. AYES: Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias RESOLUTION NO APPROVAL OF THE REQUEST OF THE CHIEF OF POLICE TO ACCEPT DONATION OF FURNITURE, VALUED AT APPROXIMATELY $9,500.00, FROM STUBHUB TICKET SERVICES, FOR USE AT DISTRICT STATIONS RESOLVED, that the Police Commission hereby approves the request of the Chief of Police to accept donation of furniture, valued at approximately $9,500.00, from StubHub Ticket Services, for use at District Stations. AYES: Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias

2 REPORTS TO THE COMMISSION a. Chief's Request Report on recent Police Department activities, including major events, weekly crime trends, and announcements Chief Scott reported on crime trends and major events. The Chief then reported on two homicide incidents and upcoming major events. The Chief then spoke of an article in regards to "Policing the Teen Brain." This training is to improve relationships between officers and youth. b. DPA Director's Report Report on recent DPA activities, and announcements Director Henderson updated the Commission on cases opened, sustained, and closed. Director Henderson stated that they are in the midst of hiring senior investigators and an attorney and have recently filled their IT position. Director Henderson also talked about hiring a professionally qualified bilingual investigator. He also talked about his staff attending a use of force training in Las Vegas and that they are currently working on their budget with the Mayor's Office and the Board. c. Commission Reports Commission President's Report Commissioners' Reports Commissioner Mazzucco spoke of what the commissioners have done during the break. Commissioner Mazzucco spoke of attending the Firearm Discharge Review Board meeting. Commissioner Hirsch reported on working on the disciplinary and penalty guidelines and that he is working with Commission staff to rewrite it and then will meet with the Department and DPA to get their input and eventually present it to the Commission. He stated that it will go to meet and confer at some point. Commissioner DeJesus spoke of the upcoming EIS meeting on June 13t h, from 12 to 1, at PHQ, Room 1025, and Use of Force meeting on June 19th starting at 1 p.m. d. Commission announcements and scheduling of items identified for consideration a future Commission meetings Sgt. Kilshaw announced that the next meeting will be next week, June 13th, at City Hall, starting at 5:30 p.m. None. DISCUSSION AND POSSIBLE ACTION TO APPROVE THE REQUEST OF THE DEPARTMENT TO SUBMIT A BUDGET MODIFICATION TO THE BOARD OF SUPERVISORS, REALLOCATING $6,174, IN SALARIES BUDGET TO INTERDEPARTMENTAL SERVICES FOR WORKER'S COMPENSATION Director McGuire, Chief Financial Officer, presented the request for budget modification. None Motion by Commissioner DeJesus, second by Commissioner Hirsch. Approved

3 RESOLUTION NO APPROVAL TO RECOMMEND THAT THE BOARD OF SUPERVISORS APPROVE A BUDGET MODIFICATION REALLOCATING $6,174, IN SALARIES BUDGET TO INTERDEPARTMENTAL SERVICES FOR WORKER'S COMPENSATION RESOLVED, that the Police Commission hereby recommend that the Board of Supervisors approve a budget modification reallocating $6,174, in salaries budget to interdepartmental services for worker's compensation. AYES: Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias DISCUSSION AND POSSIBLE ACGTION TO APPROVE ISSUANCE OF DEPARTMENT BULLETIN , PER DGO 3.01, MODIFYING DEPARTMENT GENERAL ORDER 5.09, "ABSENTIA BOOKINGS AND PRISONER SECURITY" AND-DEPARTMENT-84MM CRIME SCENES" Deputy Chief Connolly presented Bulletin modifying DGO 5.09, "Absentia Bookings and Prisoner Security." Department Bulletin is taken off calendar. None Motion by Commissioner Hirsch, second by Commissioner DeJesus. Approved RESOLUTION APPROVAL TO ISSUE DEPARTMENT BULLETIN MODIFYING DEPARTMENT GENERAL ORDER 5.09, "ABSENTIA BOOKINGS AND PRISONER SECURITY" RESOLVED, that the Police Commission hereby approves the issuance of Department Bulletin modifying Department General Order 5.09, "Absentia Bookings and Prisoner Security." AYES: Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias Karen Fleshman spoke of the racist text scandal and asked of what the status of the Grand Jury report on fatal officer involved shootings and spoke of transparency for disciplinary cases. Bernstein spoke of Proposition H and asked that the ECD decision be reconsidered. ON ALL MATTERS PERTAINING TO CLOSED SESSION, INCLUDING ON VOTE WHETHER TO HOLD CLOSED SESSION NOne VOTE ON WHETHER TO HOLD CLOSED SESSION INCLUDING VOTE WHETHER TO ASSERT THE ATTORNEY-CLIENT PRIVILEGE Motion by Commissioner Hirsch, second by Commissioner DeJesus. Approved CLOSED SESSION: (6:38 p.m. 7:27 p.m.) CONFERENCE WITH LEGAL COUNSEL Existing Litigation. Pursuant to Government Code Section (01) and SF Administrative Code Section 67.10(d)(1): Sarah Vigil v. CCSF, Unlitigated Claim No , filed October 6, 2017

4 Deputy Chief Moser, Deputy City Attorney Cabrera, Sgt. Kilshaw, Sgt. Ware, Officer Jones, Risa Tom, Rania Adwan) CONFERENCE WITH LEGAL COUNSEL Existing Litigation. Pursuant to Government Code Section (d)(1) and SF Administrative Code Section 67.10(d)(1): Robert Brown v. CCSF. et al., US District Court Case No. 16-CV DMR, filed August 13, 2016 Deputy Chief Moser, Deputy City Attorney Cabrera, Sgt. Kilshaw, Sgt. Ware, Officer Jones, Risa Tom, Rania Adwan) PUBLIC EMPLOYEE PERFORMANCE REVIEW Chief of Police Pursuant to government Code Section 54957(b)(1) and SF Administrative Code section 67.10(b), and Penal Code Section 832.7: Review of Findings and chief's decision to return or not return officer to duty following an officer-involved shooting (01S ) Taken off calendar Deputy Chief Moser, Deputy City Attorney Cabrera, Sgt. Kilshaw, Sgt. Ware, Officer Jones, Risa Tom, Rania Adwan) Item is put over for a later date. CONFERENCE WITH LEGAL COUNSEL Existing Litigation. Pursuant to Government Code Section (d)(1) and SF Administrative Code Section 67.10(d)(1): Rain 0. Daugherty v. City and County of San Francisco, et al File No. CPF , filed May 11, 2015 (Present: Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias, Deputy City Attorney Mongan, Sgt. Kilshaw, Sgt. Ware, Officer Jones, Risa Tom, Rania Adwan) PERSONNEL EXCEPTION: Pursuant to Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 67.10(b) and Penal Code Section 832.7: Assignment of an appeal of the Chief's Suspension filed in Case No. DPA to an individual Commissioner for the taking of evidence on a date to be determined by the Commissioner Deputy Chief Moser, Director Henderson, Deputy City Attorney Mongan, Sgt. Kilshaw, Sgt. Ware, Officer Jones, Risa Tom, Rania Adwan, Attorney Thompson) PERSONNEL EXCEPTION: Pursuant to Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 67.10(b) and Penal Code Section 832.7: Assignment of an appeal of the Chief's Suspension filed in Case No. IAD to an individual Commissioner for the taking of evidence on a date to be determined by the Commissioner Deputy Chief Moser, Deputy City Attorney Mongan, Sgt. Kilshaw, Sgt. Ware, Officer Jones, Risa Tom, Rania Adwan) PERSONNEL EXCEPTION: Pursuant to Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 67.10(b) and Penal Code Section 832.7: Reassignment of the following disciplinary cases to individual Commissioners for the taking of evidence on a date to be determined by the Commissioner: ALW IAD ALW IAD ALW IAD ALW IAD ALW IAD ALW IAD & ALW IAD IAD IAD IAD Deputy Chief Moser, Deputy City Attorney Mongan, Sgt. Kilshaw, Sgt. Ware, Officer Jones, Risa Tom, Rania Adwan)

5 PERSONNEL EXCEPTON: Pursuant to Government Code Section 54957(b)(1) and SF Administrative Code Section 67.10(b) and Penal Code Section 832.7: Status and calendaring of pending disciplinary cases Deputy Chief Moser, Deputy City Attorney Mongan, Sgt. Kilshaw, Sgt. Ware, Officer Jones, Risa Tom, Rania Adwan) OPEN (7:27 p.m.) VOTE TO ELECT WHETHER TO DISCLOSE ANY OR ALL DISCUSSION HELD IN CLOSED SESSION Motion by Commissioner Hirsch, second by Commissioner DeJesus for nondisclosure. Approved ADJOURNMENT Motion by Commissioner Mazzucco to adjourn the meeting in honor of Commissioner Turman who recently passed away, second by Commissioner DeJesus. Approved Thereafter, the meeting was adjourned at 7:29 p.m. Sergeant Rachael Kilshaw Secretary San Francisco Police Commission

6 JUNE 13, 2018 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, DeJesus, Hirsch, Hamasaki, Elias Commissioner Mazzucco announced that tonight the Commission will adjourn its meeting in honor of Patrol Special Officer Samuel Reyes who served as a patrol special officer for 47 years in the Bayview District. CONSENT CALENDAR DPA/SFPD Document Protocol Report, lst Quarter 2018 Motion by Commissioner Ella, second by Commissioner Hirsch. Approved 5-0 None REPORTS TO THE COMMISSION a. Chief's Request Report on recent Police Department activities, including major events, weekly crime trends, and announcements Chief Scott announced that motorcycle officer, Officer Joselito Sy, was injured today in a traffic collision. He stated that the accident happened on Mariposa and Pennsylvania Avenue. The officer was transporter to Zuckerberg SFGH where he was earlier listed in critical condition but is now upgraded to serious condition. The Chief then announced that he has two homicides to report this week making it 20 homicides year to date as compared to last year of 28 homicides. He further reported on crime trends and statistics. The Chief talked about upcoming events including Juneteenth Parade, North Beach Festival, and the start of the Pride Week. b. DPA Director's Report Report on recent DPA activities, and announcements Presentation of DPA's 1.5t Quarter 2018 Statistical Report Presentation of Statistical Reports: Summary of Cases Received, Mediation of Complaints, Adjudication of Sustained Complaints for March, April, & May 2018, and Companion Reports closed. Director Henderson updated the Commission on cases opened, sustained, and Director Henderson then stated that the DPA's Civic Bridge application was just accepted by the City which means that the program where private professionals mostly from technology organizations are partnered with city agencies to solve problems. He also talked about expanding training for his staff to make sure that they get internal and external training. He also talked about expanding outreach to the communities and staffing for his agency. c. Commission Reports Commission President's Report Commissioners' Reports Commissioner Mazzucco has no report. Commissioner DeJesus spoke of attending the EIS meeting and went on to explain what the Early Intervention System is about to the new commissioners and talked about the work done with the University of Chicago.

7 d. Commission announcements and scheduling of items identified for consideration a future Commission meetings Commissioner Hamasaki asked about revisions to DGO Sgt. Ware announced that the next meeting will be next week, June 20th, at City Hall, starting at 5:30 p.m. None. DISCUSSION AND POSSIBLE ACTION TO APPROVE THE ADDENDUM TO THE CALIFORNIA DEPARTMENT OF JUSTICE AND THE SAN FRANCISCO POLICE DEPARTMENT MOU item. Commissioner Mazzucco gave a brief background information regarding this Commissioner Hirsch explained that the problem with the MOU when it was first drafted was that it ignored the Police Commission completely and the commissioners did not see it until it has been signed. He explained that the draft before the commission tonight recognizes the role of the Commission per the Charter. Chief Scott explained that the assessment done by the US DOJ will stand and that the Department is attempting to continue the work where the work was concluded by the Federal Government. He stated that the when the work was concluded, the Department was due a public report that never got published. The Department has to start over because all the work that the US Dal did on this has been sealed and the Department has no access to it. The contractor that was doing the work will be the same contractor who did the assessments and what the department is trying to-do is move forward with the work and would like the public report out as soon as possible to let the public know what the Department is doing and how its progressing with the 272 reforms. The Chief also explained that there was no intention to exclude the Commission out of this and that it's an open door for the Commission to participate. The Chief stated that he just wants to get the work done and stated that there is nothing to supplant the Commission's role in this process. Commissioner Hirsch asked that this item be put over for two weeks. Commissioner Elias asked that the Commission be informed about upcoming meetings, when and where and who will be attending. Magick Altman stated that she was also taken by surprise and agrees that it should be put over for two weeks. Sheryl Davis, Human Rights Commission, dropped off CSI booklets which is a snapshot of a report from Stanford of the yearly program that's done. She stated that this year they have received some funding to do the program regionally, specifically in Oakland and San Jose. Magick Altman spoke on the defeat of Prop 8. She then talked about the hearing before the Sunshine Task Force in regards to the meeting regarding tasers and stated that the decision should not stand. ON ALL MATTERS PERTAINING TO CLOSED SESSION, INCLUDING ON VOTE WHETHER TO HOLD CLOSED SESSION Magick Altman asked what about Tasers in closed session and asked that it be discussed publically unless there's a reason not to.

8 VOTE ON WHETHER TO HOLD CLOSED SESSION INCLUDING VOTE WHETHER TO ASSERT THE ATTORNEY-CLIENT PRIVILEGE Motion by Commissioner DeJesus, second by Commissioner Hirsch. Approved CLOSED SESSION: (6:46 p.m. 7:50 p.m.) CONFERENCE WITH NEGOTIATOR-COLLECTIVE BARGAINING. Pursuant to Government Code Section : City Negotiator: LaWanna Preston Organization representing Police Officers: San Francisco Police Officers Association Anticipated Issues Under Negotiation: DGO 2.04, "Complaints Against Officers," DGO 3.01, "Written Communications System," DGO 5.02, "Use of Electronic Control Weapons," DGO 5.15, "Enforcement of Immigration Laws," and DGO 10.11, "Body Worn Cameras" Deputy Chief Moser, Deputy City Attorney Cabrera, Sgt. Kilshaw, Sgt. Ware, Officer Jones, Rania Adwan, Deputy City Attorney Yank, Ms. Preston, Ms. lsen) PUBLIC EMPLOYEE PERFORMANCE REVIEW Chief of Police Pursuant to government Code Section 54957(b)(1) and SF Administrative Code section 67.10(b), and Penal Code Section 832.7: Review of Findings and chief's decision to return or not return officer to duty following an officer-involved shooting (OIS ) Deputy Chief Moser, Deputy City Attorney Cabrera, Sgt. Kilshaw, Sgt. Ware, Officer Jones, Rania Adwan, Sgt. Crudo) Item is put over for a later date. PERSONNEL EXCEPTION: Pursuant to Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 67.10(b) and Penal Code Section 832.7: Discussion and possible action to take the following disciplinary cases off calendar: - OCC (Withdrawal of the Appeals of the Chief's Suspension) DPA (Withdrawal of the Appeal of the Chief's Suspension) - DPA (Withdrawal of the Appeal of the Chief's Suspension) Deputy Chief Moser, Director Henderson, Sgt. Kilshaw, Sgt. Ware, Officer Jones, Rania Adwan) PERSONNEL EXCEPTON: Pursuant to Government Code Section 54957(b)(1) and SF Administrative Code Section 67.10(b) and Penal Code Section 832.7: Status and calendaring of pending disciplinary cases Deputy Chief Moser, Sgt. Kilshaw, Sgt. Ware, Officer Jones, Rania Adwan) OPEN (7:50 p.m.) VOTE TO ELECT WHETHER TO DISCLOSE ANY OR ALL DISCUSSION HELD IN CLOSED SESSION Motion by Commissioner DeJesus, second by Commissioner Hirsch for nondisclosure. Approved ADJOURNMENT (7:50 p.m.) Motion by Commissioner Mazzucco to adjourn the meeting in honor of Patrol Special Officer Samuel Reyes, Sr. who recently passed away, second by Commissioner Elias. Approved Thereafter, the meeting was adjourned at 7:50 p.m.

9 Sergeant Rachael Kilshaw Secretary San Francisco Police Commission

10 JUNE 20, 2018 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 5:31 p.m. PRESENT: Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias REPORTS TO THE COMMISSION a. Chief's Request Report on recent Police Department activities, including major events, weekly crime trends, including staffing (current staffing levels and overtime) and announcements Chief Scott reported on crime trends and major events. The Chief announced that there have been 19 homicides year to date as compare to 33 this time last year. The Chief then reported on upcoming major events including the Pride Parade on Sunday. The Chief reported on an incident in the Tenderloin involving a solo officer who was hit with a bottle thrown by an unknown individual. The Chief also reported on an incident that happened in May regarding a homeless man assaulted by a suspect and announced that the suspect is in custody. The Chief commended the foot beat officers who recognized the suspect. The Chief reported on staffing which is currently at 1,816 FE which is below the 1971 minimum staffing number. As far as overtime, the department is still within its overtime budget. b. DPA Director's Report Report on recent DPA activities, and announcements Director Henderson reported on 279 cases opened year to date as compared to 267 last year, 220 cases closed, and 290 open cases as opposed to 401 open cases last year, and 23 cases that are pass the 270-day mark and reported on staffing and background process for hiring. He also talked about meeting with the Board on the budget. Director Henderson also talked about community outreach events including a booth at Pride events this weekend. He also talked about meeting with CAL Dal. c. Commission Reports Commission President's Report Commissioners' Reports Commissioner Mazzucco talked about attending the Recruit Class graduation with Commissioners Hamasaki and Elias. Commissioner Mazzucco also talked about attending the Awards Committee Meeting. He talked about an interview with the FBI where he was asked why the Department is not part of the JTTF. His reply was that the people of San Francisco's and lack of confidence with the US Department of Justice. Commissioner Hirsch spoke of attending the meeting with Hillard Heintze along with Commissioner Hamasaki. Commissioner Hamasaki spoke of attending the town hall meeting last week regarding the OIS that occurred in North Beach. Commissioner DeJesus spoke of attending the Use of Force meeting along with Commissioners Elias and Hamasaki and stated that it was a beneficial question and answer for the Commissioners as well as the community. d. Commission announcements and scheduling of items identified for consideration a future Commission meetings Sgt. Ware announced that the commission will not meet next week, June 27th, and on July 4th. The next meeting will be on Wednesday, July 11, Sgt. Ware also

11 announced that the CIT Awards Ceremony will be on Thursday, June 21', at Scottish Rite Center from 1to 4 p.m. Commissioner Hamasaki stated that he will attend the CIT Awards Ceremony. Commissioner DeJesus spoke about transparency and asked that the Disciplinary Report and FDRB Report be calendared to add more details similar to LAPD's Board of Commissioners for transparency. Commissioner Hirsch stated that he asked the City Attorney for their opinion as to why the Commission cannot do something like the LAPD reporting. Commissioner Elias acknowledged Samara Marion of the DPA and the Sheriffs Department for their help in showing the Commission the LAPD model of reporting. Commissioner Hamasaki spoke of following the lead of LAPD in regards to transparency. He also asked about the issue of Jonathan Yank's name being taken off the calendar. John Jones spoke of the Chief's report and that it is uninformative and irrelevant because it fails to address public concerns and spoke of an article in SF Gate (document submitted). Mimi Clausner spoke of shooting of Oliver Barcena and how the officer escalated a harmless situation and that the Commission could have done something to get Officer Cabillo off the street. She asked the Commission to do something about Officer Cabillo and asked for his termination. Marilyn pleased to hear that the Department has made advances with the awards and medals. Ariana Camerena spoke of the working groups and spoke of how she was a participant and spoke of not getting responses from questions asked by the public and stated that the public does not have any idea as to what progress have been done and spoke of concerns regarding DC Connolly. Jeremy Miller spoke of the use of force process and meet and confer process and spoke of the POA not having any legal rights to negotiate and spoke of the hearing regarding the taser vote and that it should be thrown out. Unidentified spoke of de-escalation process and shooting incident at North Beach and spoke of termination of Officer Cabillo. Debbie Thomas, Democratic Socialist of America, spoke regarding the closed session regarding tasers. Unidentified spoke of attending the town hall in North Beach and concerns about officer-involved shootings and how the media showed how the gun was dropped and that it is wrong to shoot anybody in the back. DISCUSSION AND POSSIBLE ACTION TO APPROVE ISSUANCE OF DEPARTMENT BULLETIN , MODIFYING DEPARTMENT GENERAL ORDER 6.02, "PHYSICAL EVIDENCE AND CRIME SCENES" Inspector Shouldice presented the Department Bulletin None Motion by Commissioner DeJesus, second by Commissioner Hirsch. Approved RESOLUTION APPROVAL TO ISSUE DEPARTMENT BULLETIN , "BOOKING BIOLOGICAL EVIDENCE," MODIFYING DEPARTMENT GENERAL ORDER 6.02, "PHYSICAL EVIDENCE AND CRIME SCENES"

12 RESOLVED, that the Police Commission hereby approves the issuance of Department Bulletin , "Booking Biological Evidence," modifying Department General Order 6.02, "Physical Evidence and Crime Scenes." AYES: Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias Jeremy Miller, Idriss Stelly Foundation, spoke of assaults by Officer Cabillo. Louis, spoke through interpreter, cousin of Louis Gongora Pat, spoke of concerns regarding Officer Cabillo and asked the Commission to take into account the history of Officer Cabillo and to demand that the Chief of Police stop covering up for his officers and stated that the Commission should have all the background of these officers and that there should be no murderers with the police department. (Document submitted) Arianna spoke of concerns about Officer Cabillo and how the Chief should terminate Joshua Cabillo because he is a danger to youth of color in the city. Unidentified gave document to the commission regarding network of bad cops in the department. (Document submitted). Mimi Clausner asked the Commission to do something to prevent Officer Cabillo from torturing anybody else and asked that charges be dropped against his victim. Greg spoke of transparency but what is needed is accountability and real way to interfere with what is going on and spoke of people dying on the streets who do not deserve to die. Rafael Picassso, Mission District, spoke of enough is enough and stated that killer cops should be off the street and asked the Chief to control his officers and asked the Commission to represent the people and spoke of how the DA is not doing his job and asked that tasers should not be given to officers. Terry Bora spoke of chairing the CIT work group and spoke of 62 percent vote on No on H and concerns on how tasers are on the agenda again tonight. Commissioner Hirsch clarified a misconception regarding the closed session item on the agenda in regards to tasers and the use of force. Barbara Attard spoke of concern regarding the closed session item and spoke of concern regarding Jonathan Yank. Supervisor Cohen acknowledged the new commissioners and spoke of the reconciliation of the budget and would like to be done with the budget by June 27th. ON ALL MATTERS PERTAINING TO CLOSED SESSION, INCLUDING ON VOTE WHETHER TO HOLD CLOSED SESSION None VOTE ON WHETHER TO HOLD CLOSED SESSION Motion by Commissioner Hirsch, second by Commissioner DeJesus. Approved CLOSED SESSION: (6:56 p.m. 9:28 p.m.) CONFERENCE WITH NEGOTIATOR-COLLECTIVE BARGAINING. Pursuant to Government Code Section : City Negotiator: LaWanna Preston Organization representing Police Officers: SF Police Officers Association Anticipated issues Under Negotiation: DGO 2.04, "Complaints Against Officers," DGO 3.01, "Written Communications System," DGO 5.02, "Use of Electronic Control Weapons," DGO 5.15, "Enforcement of Immigration Laws," and DGO 10.11, "Body Worn Cameras" Deputy Chief Moser, Deputy City Attorney Cabrera, Deputy City Attorney Porter, Deputy City Attorney Yank, Director!seri, Ms. Preston, Sgt. Kilshaw, Sgt. Ware, Officer Jones, Risa Tom, Rania Adwan)

13 PUBLIC EMPLOYEE PERFORMANCE REVIEW Chief of Police Pursuant to government Code Section 54957(b)(1) and SF Administrative Code section 67.10(b), and Penal Code Section 832.7: Review of Findings and chief's decision to return or not return officer to duty following an officer-involved shooting (01S ) (Present: Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Chief Scott, Deputy Chief Moser, Deputy City Attorney Cabrera, Sgt. Kilshaw, Sgt. Ware, Officer Jones, Risa Tom, Rania Adwan, Sgt. Franco, Sgt. Crudo) Motion by Commissioner DeJesus, second by Commissioner Mazzucco to recuse Commissioner Elias. Approved 4-0. Commissioner Elias is recused. (The Commission took a short recessed at 8:59 p.m. and reconvened at 9:03 p.m.) PERSONNEL EXCEPTON: Pursuant to Government Code Section 54957(b)(1) and SF Administrative Code Section 67.10(b) and Penal Code Section 832.7: Status and calendaring of pending disciplinary cases Deputy Chief Moser, Sgt. Kilshaw, Sgt. Ware, Officer Jones, Risa Tom, Rania Adwan) OPEN (9:28 p.m.) VOTE TO ELECT WHETHER TO DISCLOSE ANY OR ALL DISCUSSION HELD IN CLOSED SESSION Motion by Commissioner Elias for non-disclosure except for the statement in the matter of Mr. Yank, second by Commissioner Hirsch. Approved Statement read by Commissioner Mazzucco: "Tonight, the San Francisco Police Commission expressed its concern with the assignment of Deputy City Attorney Jonathan Yank as the City's legal advisor to the Department of Human Resources in relation to the meet-and-confer obligations for the DOJ reforms to the SFPD. Mr. Yank appeared in closed session to address the Commission's concerns and stated as follows: His ethical and legal duty is wholly and without reservation to the City and County of San Francisco. In his time as Deputy City Attorney, he's reviewed claims and complaints by the POA that he determined lack foundation in some sound statutory authority or decisional wall. In his role advising the Department of Human Resources during the meet-and-confer process, his ethical and legal duty requires him to identify and oppose any arguments advanced by the POA that are not supported by sound statutory authority or decisional wall. He will not communicate in any manner with the POA members or representative outside of his duties relating to these matters or other matters that he is assigned to within the City Attorney's Office, The Police Commission recognizes the communities' concerns regarding the assignment of Mr. Yank as Deputy City Attorney in this matter. It's the role of the Police Commission to provide oversight to the San Francisco Police Department as well as draft relevant policies and procedures. The Police Commission is confident that it will be able to fulfill its mission." Commissioner Mazzucco stated that he feels very comfortable that there is absolutely no conflict with Mr. Yank serving in that role. ADJOURNMENT Motion by Commissioner Hirsch, second by Commissioner Hamasaki. Approved Thereafter, the meeting was adjourned at 9:31 p.m.

14 Sergeant Rachael Kilshaw Secretary San Francisco Police Commission