4705 third street. those are dates and times. these are available on the website? okay. inspector monroe. anything else, my fellow commissioners want to say about those meetings, other than to invite people to participate? okay. that's all. and then i was -- i want to commend commissioner chan, the occ deputy chief biel. we did do a language access. i was able to come to a meeting that has been going on for years with the work before you were even on the commission of improving language access. i'm really excited i think as a result of the joint meeting that we had, there are some holes in the system that i think everybody together wants to fix so that limited language access folks aren't getting swept up unnecessarily. i think there's some exciting training issues that the department is embracing and the advocates have been pushing for. that was a great meeting and i look forward to more of them. but great work.

>> president mazzucco: thank you. please call line item c for future of commissioner meetings. >> the clerk: schedule of items identified for consideration at future commission meetings, action. >> president mazzucco: inspector monroe, we do have -- do we have director giffin from our i.t. department, we have the presentation ready to discuss the new statistics with reference to the crime data and those being arrested? >> correct. >> president mazzucco: when is that? >> january 23. >> president mazzucco: i'd like to know if we can schedule an update with our behavioral sciences unit. i know that we've had -- they came before us. i know the chief has augmented that unite significantly. but we want to hear from them and see how things are going. i know we've had some issues within the department recently and we want to address that. >> also dr. gayle martin will be 7 and at scottish rights temple

on february 8. he gives a fabulous case on suicide prevention and the stresses on law enforcement. >> president mazzucco: we did receive that e-mail today and it's open to the commissioners if you want to attend. we had a very good meeting with mary dunnigan's group and if we can have kelly dunn present. these are issues that involved the community and the department so i would like an update on that. >> i second that getting an update from the behavioral science unit because i remember last year we worked on this and we had a couple of recommendations. the chief was very supportive and i'm curious about how all of the recommendations have panned out, how it's been implemented. i definitely feel very sad for the officers who passed away just last month or so. so i think we need to continue to refocus on this issue because officers deal with a lot of trauma in the work they do and we need to stay on top of

addressing this and giving them services that they need and deserve. definitely want to hear back where that is. presentation last year. i dropped it. i think i saw maybe 50 or so officers there. he did a great job. he was a former officer himself. very active. he's not just lecturing at officers, he's on his feet, giving hypotheticals and talking about wear and tear on officers' mind and body in doing the work especially for their whole career. so i hope to see lots of officers at these two -- looks like two or three sessions, and scottish right. and i really encourage the commissioners to just drop by. i think it's like a half day presentation. so if you can stop by for half an hour or so it's great to see the officers there. i think family members are encouraged to attend also because it impacts them also. so really great that's happening. also wanted to follow up on the department general order 5.05 pursuit driving.

i think we've been sitting on this for quite some time it's probably time to look at this dgo and start approving it or disapproving it so i'm wondering for the department how much time is8 office needs to look at it or if we can calendar it for february? >> that will be fine and i will schedule a meet and confer with the poa along the way. >> commissioner chan: so the beginning of february, end of february? >> if the commission would allow the end of february gives me a little more time but i think we would have a date in ink. >> commissioner chan: so i'm going to suggest a tentative date of february 20th if that works for you chief because it's our third wednesday in the month of february, the fourth is usually for community meetings so i think that would be a good date. so february 20. does that work, inspector, for our calendars? >> yes. make sure we don't have a discipline 'case.

because it is the third wednesday. i don't think we do. we haven't lately but that's the one we would reserve. >> commissioner chan: great. so looks like we have february 20th&5( 2/ then for dgo0.05 purt driving. want to check in about having the presentation about the firearms discharge review process and officer involved review shooting process. i think we want -- is it next week? no. january 23rd if possible. >> we can do the 30th for firearms discharge review if you want. >> commissioner chan: are we having a community meeting? >> not this month. i spoke with president mazzucco and because of the promotions of the new captains and shuffling around of the new captains, northern was scheduled for 24 month but there's a new captain

and we didn't want to drop a new load on him but february is a go. you're interested in getting to bayview station so let me know and we can go there in february if you like. >> commissioner chan: so looks like this presentation about the firearms discharge review board shooting process which is education for the commission as well as the community, we're c%( kw 30th. >> commissioner chan: thank you. maybe we should talk about community meetings and where we want to have them. in january we can start sketching where we want to have them ahead of time. in the bayview or northern in february the last wednesday of february? >> commissioners, i'll leave that up to you. northern is next in order and we heard concern about the bayview. i don't know when we were last in bayview. >> commissioner chan: i keep bringing that up but i don't want to upset the cap apple car. we can talk about db anywhere but that incident particular --

>> president mazzucco: we have some time. we'll talk to inspector monroe and figure out what's next in line and work it at our next meeting and come up with a more firm protocol for the next three meetings. >> okay. >> president mazzucco: anything else? commissioner dejesus? you're off. ladies and gentlemen, it's time for public comment regarding line items 4(a), b, c, d. hearing none, public comment is now closed. please call item 5. come forward. >> commissioners, if i might interrupt for a second. just to let the public know next wednesday on the 16th we will not be having a meeting and will be back in city hall on the 23rd. >> president mazzucco: sorry about that. i department see you get up. >> good evening. i know that we're not supposed to ask question within this format but i wonder if the committee could, at some point, director hicks, get some figures around racially biased policing

for the two years, 2011 and 2012, how many cases and how many was -- if that could be made available to the community. thank you. >> president mazzucco: thank you very much. anything further? how are you? happyrhpá new year. >> happy new year. i just had a quick question, clarification. i know this is not necessarily q/a period but the discussion of the proposed changekj.ñ that pg5 being referenced i want a little bit of clarification on what that proposal is. >> it's our pursuit policy, it's driving. >> pursuit policy? thank you. >> president mazzucco: thank you. anything further? >> i didn't mean to. >> president mazzucco: that's fine. you're on top of it. nothing further, public comment is now closed. please call line item 5. >> the clerk: discussion and possible action to appoint

moises romero as patrol officer calvin wily, action. >> president mazzucco: you have in your packet the information regarding the appointment of moises romero as assistant special patrol officer. as stated last time that are some restraints about what we can ask or what we can do in open. there are still -- even those these are patrol special officers they're not considered peace officers, they still have privacy rights. they're attached to the packet, everything from social security numbers, reports, information that anybody would be entitled to in the employment world. so i will admonish you about your questions. if you think your question may be problematic, please consult with the city attorney who's present with us. ms. katie porter is present. both matters were on previously for appointment and there were questions regarding information in the packet.

we asked that the sergeant do additional research and he has done so and he can respond to any questions. so the first one is for officer moises romero who would be appointed an assistant special patrol officer for calvin wily who is present this evening. >> thank you for the follow-up work and the applicant for responding to your questions. i heard that they were quite responsive which is great. i still have concerns about a couple of things. and i'm going to watch the city attorney to make sure i don't step out of bounds and definitely follow in what is needed. but it looks like there was a temporary restraining order and it did not result in a permanent restraining order but i am concerned about some things that were alleged to have been said by this applicant. i wanted to ask the applicant whether or not he said these things and i'm going to look at the city attorney to see if

so that's one thing i have. another piece is there is mention -- seems like there's a question about whether or not this applicant resigned from the broadmore police department because he was forced to resign or voluntarily resigned on his own. there is conflicting information it. i understand that the applicant suggested that chief gregg love could be contacted to confirm the way inu%(zñ which he resignd i wanted to see if that happened at all. >> first of all, good evening,7 commissioners and chief, director hirks. regarding the resignation, i believe he did it willingly. i mean the applicant is here and can confirm that if he's willing to speak. i did ask him about that and he told me is he did resign from my conversation with him on his own. i didn't follow up with the chief from that department.

i just based on what the to me in contact with the private investigator who did the background on him. and i used those to confirm what he stated. >> commissioner chan: thank you. >> any other questions? i think we will see if you have a question for the ser jantd and move to asking the applicant questions if the applicant wants to answer them directly. >> president mazzucco: sergeant, the applicant is currently employed with department of homeland security in another position, is that correct? >> yes. >> president mazzucco: is that a position where he carries a firearm? >> yes. >> president mazzucco: did he go through a full background check for that. >> i believe so. i spoke to him about it as well as the private investigator who did the background on him. >> president mazzucco: commissioners, any further questions? >> vice president marshall: if i read this correctly, based on your i guess research and the answers it says here the

department is recommending, is that correct? >> yes. >> vice president marshall: that's what it says here. okay. >> so if there aren't further questions for the sergeant i wanted to ask if the applicant, mr. romero could come up and ask your permission to ask you these questions and of course you can say no. >>7ljç yes, the applicant does t have to disclose this information publicly, as we've discussedjpp÷ before, the application file and the background information in it is confidential. and that's not -- the record but it's the content of the information. so that's why we had gone to this paper follow-up process. i'm a little concerned. we've already talked about some of the information that's in the file, which the record is confidential. and that information is confidential as well. so it's up to the applicant to decide, if he's willing to share some of this. but if he doesn't want to i think we should continue with

the written process so those records and that information can be retained as confidential. >> ms. porter, would it be possible to continue it in a closed session so that the questions could be asked directly that are relating to the employment? >> unfortunately there's not a legal basis for closed session, under the brown act. but there is a legal basis for the records to be confidential and the information in them to be confidential. so it really does make it largely a paper-driven process as far as what the commission can discuss publicly. but the commission is entitled to see the records and the information but those don't become public by virtue of that process because records are otherwise exempt. done. we've got questions and we've got answers. >> the continuance before was for the questions and concerns the commissioners had to be posed, and for the applicants to provide a response to those. so the hope was that that was

going to satisfy the commissioners and avoid the need to discuss those topics in the public meeting. >> i don't know. i don't think that's right. >> i don't know if you can ask them privately. >> i'm a little -- >> the other point is all the commissioners are supposed to have access to the same universe of information, which was also why we had the questions and responses in writing. >> president mazzucco: what i think we should probably do, obviously it's up to mr. romero if he wants to talk about these issues in public or should we continue this matter two weeks. because i have one question i think that needs to be answered. and if mr. romero is working for homeland security, there is generally severe prohibitions

regarding secondary employment when you work for a federal law enforcement agency. so i think we need to figure out if that's an obstacle too. mydqjzxñ suggestion is to contie this matter for two weeks. i apologize. these are questions that need to be asked and unfortunately the way the charter works the police commission is in charge of doing the hiring for patrol specials and special patrol officers unlike the normal hiring for san francisco police officers. i apologize we're a little cautious we're trying to do everything right to protect you and the commission and the city. my categorize would be to put this over until our next meeting on the 23rd. that's a question i think we need to have answered for your protection. and that would be my request to take this matter off calendar until that date. commissioners, do you have any -- >> vice president marshall: well i don't mind but i would just say if there are any other questions that we should get -- i mean if that's the only question i would agree but i don't want to go over old ground that we've covered through the previous process. i don't think that's fair to the applicant and what we said

before so that's my only caveat here unless somebody objects to that. >> no. i think the process we put in place was put in place for a reason. i want the record to reflect commissioner loftus spoke to the applicant personally and here and came back up so i don't know if that discussion will be given to us secondhand or not. i'm uncomfortable because i don't know what was asked. i think if we want to put it over get it out on paper. this poor guy is trying to get their jobs and we agreed on a process and we're dragging this process out and i just want to get it completed. >> president mazzucco: commissioner loftus. >> yeah. i was trying to respect the privacy rights of the officer that he wouldn't be pulled up here to answer a question and a question that a fellow commissioner had. so i'm happy to -- i'll take the advice of the city attorney, my fellow commissioner had a question in a she felt would be

helpful and be dispositive is this. >> if the information will be helpful and dispositive it's something all commissioners should have access to. >> so i'm happy to tell it for the record now because without -- identifying who the person is because he's not been seen on television. >> his name is in the agenda. >> okay. >> and we're discussing a particular person's application. >> my suggestion -- thank you, commissioner lostis for asking the question. i take responsibility for any fault. perhaps we could relate thisi,jz information via sgt. jes-ina. >> i'm happy to report to him what was said to me and what i asked. >> ask the city attorney to report to the appropriate procedure when an applicant comes before us when a individual takes them aside and asks them questions whether that is private or not private and i think it's a really inappropriate procedure. >> i recommend whatever the question was can be submitted in writing and whatever the response was can be submitted in writing so all commissioners

have that information so there won't be any problem. >> we can follow up. >> and this whole process, while it seems cumbersome and i know that it is, there were concerns raised by the patrol special officer association, and the applicants about the confidentiality of this information. they're very legitimate concerns. so we're trying to respect their privacy while still giving the commission the full range of information and the full ability to consider and evaluate the application. >> just so the record's straight i think the process we put in place is to go through the ant who is reviewing the applicants. i think it's ifn tim dating for a commissioner to set aside and take a applicant aside and ask if he wantsjp9jñ to talk about a private matter. i find that disturbing. let's honor the process and put the question to the sergeant and sergeant will provide the information and the applicant will tell the sergeant whether

he wants to reveal the information. >> president mazzucco: what i will suggest is we put these questions in writing, like my question for example and again i apologize for putting this over for two weeks. this process is cumbersome as the city attorney said. it's because this is a unique situation and it's pursuant to the request of the patrol special police officers association. so we're trying to play by all the rules here and make sure this is done right. so with that in mind i'd like to put it over two weeks. commissioner loftus. >> i appreciate everything commissioner dejesus said and her fidelity to the procedures and i certainly subscribe to wanting to make sure what we're here to do which is move this process forward. these guys have come forward a number of occasions and asked repeatedly every time they come to give different information and i stand fully ready to comply with the procedures and i want the record to be clear, commissioner dejesus the

reason i went to talk to him was my concern that he would be seen on television, not just with his name but with the specific allegations we were concerned with and i think that could invade his privacy. but you have my full and complete cooperation and i do hope that we can get this resolved shortly so we don't keep bringing these guys back. >> president mazzucco: i don't think there's anything intentional and everything was done with the right intentions. so commissioner chan. >> commissioner chan: another question i had, since we are putting this over and i agree we should put this over -- >> if the question is going to be disclosing some of the information in the application by asking for follow-up on it, i think it's better to submit the question -- if it's a specific question about something in the application, just asking the question alone is starting to disclose information. >> okay. i will put that in writing. thank you. >> president mazzucco: commissioner dejesus. >> commissioner dejesus: i didn't mean to insult you. i think maybe i should be a

little more delicate. just that we have a position here and as the commissioner going to an applicant it could be seen as intimidating. i didn't mean to say you were intimidating. i wanted to honor the process so the applicant can be comfortable as well. >> i appreciate it and i know you said it in the spirit of trying to be helpful and i appreciate that. >> president mazzucco: thank you. so with your permission, patrol special wily, we're going to put this over two weeks and officer romero with your permission and we'll put the questions in writing. thank you. please call line item no. 6 please. >> the clerk: discussion and deum to special patrol officer hart. action. >> president mazzucco: edward yim is present. there was one follow-up question. i know there's been an answer to

it. and commissioners, do you have any further questions? because i think we're probably prepared to vote on this one. there's no further questions. i would move to -- any public comment regarding this? hearing none, public comment is now closed. i would move -- oh, yes. >> just for general purpose, i would love to see a copy here of policies and procedures for patrol specialist, and some type of a hierarchy code chart, since my understanding i assume they're not under the jurisdiction of occ -- the commissioners be able to see what is exactly the channel of disciplining in misconduct cases for patrol specialist. thank you. >> president mazzucco: thank you very much. any further public comment? hearing none, public comment is now closed. i move to adopt and accept the application and appointment of edward yim as assistant patrol

special officer to patrol special officer scott hart. >> i second it. >> president mazzucco: all in favor? roll call. >> president mazzucco, aye. vice president marshall, aye. commissioner dejesus, aye. commissioner chan, aye. commissioner turman, aye. and commissioner loftus, aye. upon motion passes unanimously. >> president mazzucco: thank you very much. now patrol special officers scott hart can take a couple days off. spend some time with your family. welcome back, officer yim. please call line item no. 7 please. >> the clerk: line item 7, public comment on all matters pertaining to line item 9 below

closed session including public comment on vote whether to hold item 9 in closed session. >> supervisor chiu: any comments -- >> presidencomments --comments - >> president mazzucco: any comment? hearing none, public comment is closed. do i have a second? >> second. >> second. >> president mazzucco: all inj: i need a second. >> second. >> president mazzucco: all in favor? aye. thank you, ladies and gentlemen. we will now move into closed session. >> the police commission is now in closed session. >> we're back in open session and you have a quorum. >> president mazzucco: please call the next line item. >> the clerk: line item 11.

line item 10, sorry, vote to elect whether to schoas any or all discussion on item 9 held in closed session san francisco administrative code 67.12(a) action. >> second. >> all in favor. >> ayes. >> line item 11, adjournment. >> president mazzucco: so moved. all in favor. >> ayes. >> president mazzucco: thank you very much.