of. it just poured out of me. i gave it to a friend who is an editor, and she said i think this would be publishable and i think people would be interested in this. i am so lucky to live here. i am so grateful to my parents who decided to move to the city. i am so grateful they did. that it neverrrrrrrrrrrrrrrrrr america and to the republic for which it stands, one nation under god, indivisible, with liberty and justice for all.

>> president elias, i would like to take roll. >> yes, hello. good evening, welcome to the march 15th regularly scheduled commission program, sergeant. >> commissioner walker? >> present. >> commissioner benedicto? >> present. >> commissioner january yes? >> yes. commissioner byrne? >> here. >> commissioner walker? >> here. >> commissioner elias you have a client and we have dennis from the san francisco police department and executive director paul henderson from the department of police accountability. >> thank you. they don't like you, that's why. all right. now, vice-president carter-oberstone equipment is working. why don't you call the first matter.

>> line item one. the public is now welcome to address the commission regarding items that do not appear on tonight's agenda but that are within the subject matter jurisdiction of the commission. speakers shall address their remarks to the commission as a whole and not to individual commissioners or department or dpa personnel. under police commission rules of order, during public comment, neither police or dpa personnel, nor commissioners are required to respond to questions presented by the public but, may provide a brief response. individual commissioners and police and dpa personnel should refrain, however, from entering into any debates or discussion with speakers during public comment.) >> written comments sent via possible tore service to the public safety building, located at 1245 third street, san francisco california, 94158. if you would like to make public comment, approach the podium. >> good evening, everyone. i'll do my usual and use the overhead. concerning my son, who was murdered august 14, 2006.

his birthday is coming up, too. april 6th. and that bothers that i can't celebrate his birth date while he's alive but i'm bringing the names of the perpetrators who murdered my son and hanabel thomas and his name is back wards, paris moffett and andrew and jason thomas, anthony hunter, marcus, one of them is decease and i keep saying all the time that why is it that we can't solve the case when you have all the nails of the perpetrator who murdered my son. there was recently, you guys recently had a presentation on

the homicide reward information. i'm still waiting for that information on other ways we can solve these other homicides. why do we have this presentation? and nothing has been done about it yet today. why do we have these presentations? i would like some answers and last week you answered the other guy and he wasn't even ready, it wasn't -- he wasn't ready, i mean it wasn't a trip for you guys to answer his question, but you did. why can't my questions be answered on the unsolved homicides and we had this presentation and still nothing. i still haven't heard anything about how we're going to solve and where is the money going, $0 have been paid out. what's happening. i'll bring it back up. no one answers.

>> if anyone have information regarding aba, call 415-575-4444. if anybody else would like to make public, approach the podium. that's the end of public comment. >> line item two, consent calendar. sfpd1421 and sb16 report. >> a motion. >> move to approve. >> second. >> thank you. if any members of the public would like to public comment regarding item two, please approach the podium. there's public comment. on the motion.... [roll call]

>> you have 7 yeses. >> next item, please. >> line item 3, chief's report, discussion. weekly crime trends and public safety concerns (provide an overview of offenses, incidents, or events occurring in san francisco having an impact on public safety. commission discussion on unplanned events and activities the chief describes will be limited to determining whether to calendar for a future meeting.) >> good evening, ac priority. i hear that the chief is too busy hanging out with other people downstairs rather than coming here to hang out with us, so he -- >> i wouldn't quite describe it in that manner but i appreciate the comedy of the hour, yes. >> sorry. we have you, so i'm going to turn it over and we're going to start ten minutes. president elias and commissioners, first, i would like to express, you know, the apologies that chief scott couldn't be here. we were about,

through, four of five supervisors, having the discussion with them and there's public comment, so i have no doubt he'll be up here shortly, but in the meantime, i'm going to do the chief's report. i promise i'll do it within ten minutes and if you have questions of me, i'll do my best to answer them for you at this time. >> great. >> just a brief overview of highlights for overall crime, overall crime is down 13% for year-to-year, but violent crime suppose 5%. we're also seeing property crime down 15%. when you look at aggravated assaults, we're down four percent. burglaries are down 8 percent. larceny down 16% with overall, overall with auto burglaries, it's down 11%. when you look at citywide robberies, we're up 19% by firearms, it's up 39% and knives, it's up 58%. there were no homicide incidents reported during this past week. for a total of now that is nine,

but on the crime trends meeting today, there was a suspicious death in january. that death has been deemed a homicide so we're up to ten and i'm sure that chief, chief scott would be happy to brief the commission if there's questions in regard to that. we had one shooting with one victim this past week. as far as significant events, we had a significant incident. there was a shooting on march 12th at 8:05 a.m. at 16 and mission. a victim drove into a parking lot and the suspect vehicle also drove in. there was contact with the suspect vehicle to the victim's vehicle. the victim gets out to exchange information and in doing so, the suspect then fires three rounds at the victim, hitting them twice. the suspect flees on foot while the passenger of that vehicle flies into the driver's side and drives away. we do not have an arrest on that case. when we look at significant arrests, i would like to speak

about the retail theft. suspect arrest. suspect was arrested in nemmon marcus march 4th. between march 1st and 4th, he was responded to three to four incidents. during that contact and at the same time, he had stolen property on him from that retail. additionally on a retail theft arrest, following an arrest by the da warrant, the tenderloin officers located a subject wanted for at least four recent incidents occurring at the (indiscernible) republic. we had cadillac converter theft series that happened on march 6th. two subjects were taken into custody for attempting to steal cad late i can converter. they were in a stolen vehicle and in position of a handgun. the suspects were identified in three incidents including an incident that happened march 6th. that incident on march 6th, the victim returned to the vehicle and the subjects fired two shots

at the victims but there were no injuries reported. when we talk about incidents, significant incidents, there was a burglary shots fired, a victim responded to an alarm activation outside their business, which was a construction company. but it also had a marijuana grow on the inside. once he arrived on scene, he encountered five subjects loading cut marijuana into multiple vehicles. the victim drove their vehicle into two of those vehicles, so they -- disabling them both. at the same time of the encounter, nine millimeter rounds were fired at the victim and the suspects fled the scene and there was no injury and we have no arrest on that incident. there was a hot prowburgry march 9th between 2 and 3 in the afternoon on the 11 block of tree. a victim allowed an unknown subject into their home to use the bathroom. the subject left. the victim left the home as well 25 minutes later, they returned to find

their front door open and have it be burglarized. at the time, according to the victim, the subject was only in the bathroom area. it is a hot prowl because a family member who suffers from dementia was present in the residence but because of their dementia state, they weren't able to get a statement. we have no arrest in that as well. then we have one more incident, it was an aggravated assault that occurred on march 12th at 22nd and cap at a local bar. the victim got into a scuffle with security and as security was escorting him out, an unknown subject suddenly assaulted the victim in this case, causing injuries and a loss of conscientious and a second victim which was a member of security was struck with an item and kicked numerous times while on the ground. so there were no arrest in that incident either. to finish off the report, the tenderloin efforts continue. we continue with our buy bust we implemented for un plaza, we're

partnering with park and rec. as well as dpw, as you know, now united, un plaza is closed between dusk and dawn because we can enforce that, so park and rec. is out there with our officers and dpw is using that time to clean it up as well. we're seeing success with that. we've been able to clean and maintain our efforts on the 300 block of eddie and the 600 block of hyde. when it come, when it came to stunt driving during this reporting period, we had nothing to report. our staffing levels remain the same from the last time the chief reported. and that concludes my report. >> thank you. a couple of questions. you said you conducted buy bust. how many have been conducted? >> i don't have that information. >> next week, can you please report on how many buy bust have been conducted this month and next month, actually, let's get it for 2023 thus far. we're only three months in. >> okay. >> last week, we asked the chief to report on the chief's hearing

numbers. there were 87 of them. i asked for how many of the 87 are over a year old. i'm told that some are more than two years old. we wanted the breakdown. do you have that information? >> that wasn't a part of my packet for this evening. apologies. >> okay. if you remind, i'll remind the chief as well, we really need the breakdown from the number of cases. we know dpa has 87 and we wanted to know what the number was from ia. and the breakdown of how old these cases are, so we can start clearing this backlog. >> okay. >> and then the other question or that i had is, you indicated some improvement in the tenderloin on eddie block and hyde. what efforts were done at eddie and steven which is atrocious and the 7th and market area which is atrocious. the department had a van or a mobile command center there which i

don't see anymore, but i see a lot of police vans parked on the sidewalk on the, on 7th and market where the old, i think burger king or carl jr. >> >> no more burger king. >> one was present. >> burger king, okay. >> what efforts are being made to handle those two areas. >> ac lazar is having daily discussions to strategize that. as we have spoken for, we put the efforts at the tenderloin and it pushed it out into the southern but it went to the northern as well and pushed up north, so there's a lot of discussion about having a presence, passing calls but not just passing calls of having a vehicle drive by by making sure our vehicles are getting out of the vehicle and engaging because as much as people may be involved in criminal activity, there's people in those areas that's suffering that can benefit from support services as well. so, when the chief comes

or if you want further in regard to strategy, i'm sure the chief will be happy to report back on that. >> great. commissioner yee. >> thank you very much, there, president cindy elias. she took that 7th and market. coming up on 7th street, at 5:00, when you come to a stop, you can see -- i guess the -- there's a group and large group of people and we're starting the rainy season and i'm concerned about the public there and whether there's, i guess you said rec. and park is out there working with them? >> and the un plaza. they are because we're enforcing the park area, between dusk and dawn, you can walk through but you can't stop and set up any activity. >> just curious about the arson. to see that pops up, is that where there's fire for these homeless that keep themselves warm? is that the cause of it

or is it arson that, you know, somebody is causing, the property damage? >> commissioner, i'm sorry, but i don't have the breakdown of what the cause of those arson numbers are. >> because if last week, you had five or actually seven arson fires, that's huge. so, that would be my concern. are we having that kind of issue here. that's all i have, thank you very much, there, chief, assistant chief. >> commissioner byrne? >> thank you, president elias. there was a stabbing on a muni bus a few days ago. and the victim was of asian decent. was that a hate motivated? >> i don't have the details of the investigation, so i wouldn't want to speak to that. and because that investigation is going on and that was outside my shop, that's really going to have to be a discussion for ac lazar and the chief, so i'm sorry that i haven't been briefed on that specifically.

>> could we ask about it next week, how about that? thank you. >> yes. >> commissioner benedicto. >> thank you. thank you, acting chief flergthy. there was a chase about a chase atm that was been related to fraud issues. when was reported, it sounded like sfpd was aware of it but it's possible an investigator haven't been assigned to that case. i was wondering if you had an update or a timeline to when an investigator would be assigned? >> did you say that was brought to your attention today? do you know what the timeframe is? >> there was an article in the standard that came out today and i think they documented -- they documented the comments from march 2nd that the investigator haven't been assigned. >> it isn't unusual when cases come up, it takes time to assign

an investigator but i don't know specifically if an investigator have been assign or sergeant, has been assigned to that investigation at this time, but that's something that i can follow up on for you and then go ahead and send you an e-mail and any other further information you might like. >> that would be great, thank you. >> thank you >> commissioner walker? >> thank you. i was going to ask about the chase thing too, but you've mentioned the burglary of the construction/cannabis, where was that? i didn't catch on where that was? >> let me check my notes. >> could it be on mariposa. >> they are all over. i had one near me. i know that -- but 600 block of toland. >> i know it was there. was it an illegal grow, do you know? was it licensed or, i mean, did they have security or, i mean -- >> usually if something is

licensed, we would deem it like a dispensary or commercial, right. but based on how and i asked ac lazar, i said is this a grow or dispensary because those are two different things and he's, like, no, it's a grow. it was in a construction company premise or facility. >> interesting, yeah. i know, i mean, those -- a lot of the dispensaries are concerned and sort of organizing around their own security or something, so -- >> as they should because as you know, one of the employees was, you know, at gunpoint and kidnapped in oakland and brought back to san francisco and they emptied out $30,000 from the safe, so, yes, that's a concern and we recognize it. >> interesting. i think i had one more. oh, the 7th and mission and 7th and market, i mean, i've noticed that too as i'm walking north, the business seems to have shifted. and there -- i know there's neighborhood groups that are talking with the

community benefit district about security, especially around there and the sip hotels. it's sort of a whole kind of thing, so that might be an area to really focus on and work with the community to expand whatever, like, ambassador, those type of things, just for foot traffic around, but it's getting worse for sure down there. >> yeah. i agree with you and part of our strategy has to be, not only addressing symptoms of what we're seeing but really looking at solutions and what other partnerships we have within the city that can help us get to solutions and not just responding to symptoms that we're seeing on a daily basis. >> yeah. >> i think that's the biggest conversation and where we'll get the most value. >> absolutely. perfect. >> commissioner yanez. >> thank you, president elias. there was an article, "in the mission local" around response

times and some of the challenges, one of the analysis of the article, i think, indicated that despite fact that we have, you know, we have cit and card and we have all these efforts to address homelessness and lower priority calls, there hadn't necessarily been an improvement in response times and one thing that was striking to me was that, it stated something or it quoted some officers actually saying that basically, we are sitting at our desk waiting for calls as opposed to policing proactively and i wanted to get your thoughts on what a solution may be or what the actual reason for this ongoing delay in challenge may be? >> so, we start off by saying, i think that's an unfortunate statement if any police officer in the department has stated that. that's not our messaging through our supervisors and management to do so. the response times are a challenge and when our, when you have a

district, such as ingle side that has seven officers, with a district of that size and magnitude, response times will be slower and really the only way we're going to be able to decrease our response times is if we begin to look at how we're going to increase our staffing, what does that supplemental budget looks like to help those types of things so the supplemental budget will come into play because inglewood station has seven officers and we have gone from 7 to 12 and we can fill six district sector cars which will help response times. we have those gaps and the response times are slower. we just discussed this, chief, chief scott and ac lazar, myself right now, how focused we are in improving those response times so we're focused on it everyday looking at it, but at the end of the day, we need the staffing and we need the sector cars filled to improve that response time and that's only way we're going to get there.

>> and given the kind of concerted effort to improve recruitment and have an impact on that staffing, are there any updates around recruitment? is there any progress down the pipeline as far as, you know, obtaining more officers? >> yeah. our recruitment, our recruitment team is working really hard and next week, we're going to have a recruitment summit where we'll bring in part-time recruiters to have a summit to talk about the strategy to recruit. not only have we hired a firm to help us with the social media and getting it out, we have done a few things and the first thing we did, we worked with d hr to do one-day testing and previously to get written, the physical, and the interview done, that could have taken three to four months, so now we have an opportunity to have that done in one take, which really shortens it, so a candidate may want to participate in the one day, but they have the option. we have seen a significant increase in our applications and

i say that significant would be in comparison to a three-month quarter where we had 250, we're now up to 900. so, i believe we're starting to see that swing. there's a lot of outreach that's going on with that. additionally, the recruitment is big, but so is the retention of our officers and more importantly, for those officers that left to go to other departments, our retention unit is doing a lot of work to engage them, reengagement them and get them to come back and we're seeing success there. so, i think what we're going to see in the next year or two years is a swing in how we recruit and what i really have to bring attention to for the recruitment unit is they are constantly looking at how can we get better? how do we improve it? it's not only about recruitment. it has to be about hiring as well and how do we improve that hiring process to get them quickly and what do we do on the back-end for the recruitment. how do we ensure graduation rates and make sure the recruits are meeting highest

level of -- it's not about the quantity but the quality. we're doing the prong approach to do it there and i'm hopeful of the success we'll see because of it. >> okay. thank you. >> [mic is off] perfect timing. let's go to public comment. >> for members of the public who would like to make public comment regarding line item three, please approach the podium. >> hi. it's me again. i just want to bring up again the presentation that you did on december 2022. and about how the money was allocated and $0 was paid out for the unsolved homicides. how come nothing has

been said about it? i haven't heard anything. i would like to know what's going to be done. there's a $250,000 reward for my, for my son. why isn't that money, why isn't, you said that we were supposed to try to find some other ways for these homicides to be solved. i still haven't heard anything from last year, december, so what is going on now? i like some answers. you answered other people that weren't even on the thing last week. can someone answer me now to see what's going to be done? can i -- i haven't heard anything. can someone say something? you guys brought this up and invited me for the presentation. what was that for. was it pacifying me or what. i haven't heard anything, so can

someone answer, please. >> i'll answer. ms. brown, so, i think the plan, i think -- as you noted, we had a presentation on our current practices and i think there was, if not a consensus, many of us that felt that we should look with other jurisdictions are -- look at other yous to see if they have -- look at other jurisdictions to see if they have implementations to get people to come forward with tips. the commission is currently hiring for a policy analyst. we have conducted interviews. we have moved forward with a candidate, who is currently in the mist of a background check. when that person starts, which will hopefully be soon, the first thing that i will ask that person to do is to get started on this research about what other jurisdictions are doing, so that we can get that started and hopefully have a report or a

presentation and some solutions. >> hopefully, that will be real soon, right? >> well, i'm not in control of the background check process, so but i'm hopeful that it will be relatively soon, yes. >> will i know about it? >> of course! >> okay. i'll just keep asking then. thank you! i'd like to get something done. i've been -- his birthday is coming up on -- april 6th and i'm just frustrated, you know. i want something done. i want more done. if there's some ways we can solve these unsolved homicides and get some closure, a little bit of closure, it's not going to be complete closure, but some closure, thank you. >> that's the end of public

comment. >> thank you. >> perfect timing. >> thank you. >> thank you. i appreciate that you changed your schedule to come up for my part of the report, chief. [laughter] >> i know. that's the good part. so, i will just start with the current case load, which is 133 cases and actually it's 133 cases. we still have a number of cases that are pending. nine cases are pending with the commission. and there's 88 cases that are still pending with the chief. you asked last week for a broader summation. president elias, of those cases much i don't have the full breakdown yet. what i started with was just the analysis of the oldest

cases and i have just over two dozen cases on that list that are over two years old that are pending. >> 2 -- 25, i think. >> 25 over two years old? >> correct. in terms of the trends this week, your number of cases and allegations have come into the agency. 20% of them were for allegations of an officer behaving badly or speaking inappropriately and 17% of the allegations were for an officer failing to take required action requested from the public. those are allegations and those investigations will continue in the agency. in terms of where those allegations have come from, they came from the largest

number of allegations came from the mission district and there were four allegations there. one of those allegations involved a case asking the department to enforce the previsions of a court order. the full breakdown of all of the allegations and summaries of them are online, including all of the weekly trends up to 100%, which folks can find at our website. in terms of outreach this week, we're now and this is new, we're working with sfgovtv to air the dpa 201 presentations -- dpa101 presentations over there and the videos will have how to file a complaint with dpa and what will happen and the general operations of the agency, how it operates, the different divisions and the kind of services that are available to the public. in the meantime, the videos are available to the public and any organization on

demand at our you tube channel, which can be found on the you tube channel. and i'll keep everyone updated and let folks know when we finally get that up and out. in terms of the audit, on march 10th, we sent the final draft of our next misconduct audit with key issue reports to the department for reviews, so that it has gone out. this report is on sfpd monitoring departmental communications for bias, so a lot of people have been asking about that. that's where we are. the department has until by, march 17th if they want to provide comment, additionally to what they have provided throughout the rest of the report. after march 17th, dpa will issue the report to the police commission and the public. that's what's in the pipeline. that's coming up next. we also, for this evening, we have a case that is in closed

session and the representative will be here for that from the agency. also, present today in the hearing room, senior investigator steve ball. also, our director of policy, janel kaywood is here and sarah hawkins is here. if folks would like to get in contact with dpa, contact us on the website at sf gov dot gov or contact us on the phone at 415-241-7711. fen, folks reaching us can reach use to us without having to identify themselves. i have a couple of issues on some agenda items but i'll wait until those agenda items are called to participate in the discussion. that concludes my report for the week. >> thank you, director henderson. chief, i wanted to give you an opportunity, did you have the numbers for the chief's hearing for us that i asked for

last week? the breakdown? >> i don't -- i don't believe it's in my packet. >> because dpa, director henderson, out of the 87 of the 25 is two years old and i asked you to report on dpa numbers in terms of the length of what is the oldest chief's hearing that's in the queue and which ones were stayed for medical leave and how many nia, what's the ai backlog. >> i do not. it's not in the package, but i'll follow up and get that to you and the rest of the commission. >> great, thank you. no other names in the queue. so, sergeant, can we go to public comment. >> members of the public who would like to make public comment regarding line item four, approach the podium. there's no public comment. >> next item. >> line item five, commission

reports. (commission reports will be limited to a brief description of activities and announcements. commission discussion will be limited to determining whether to calendar any of the issues raised for a future commission meeting.) - commission president's report - commissioners' reports - commission announcements and scheduling of items identified for consideration at future commission meetings (action) >> thank you. a couple of things to report. we had a meeting with the commission office, city attorney, the department and dpa with respect to finalizing the trial rules for the commission. as we know, our city attorney, with respect to discipline was changed, so we had to catch her up to speed on the process and hopefully, get the finalization of the trial rules together. i also was dealing with the findings ever facts for several of my -- findings of fact for several commission that was -- along with the administrative logistics based on the

discussion of our biweekly meeting with the chief. so, that's what i have to report. vice-president, carter-oberstone? >> i just an update for me. as some folks will recall on january 11th when this commission voted to enact dg09.7 for pre--- chief scott said he would like the commission to consider additional language to clarify that a few things that the policy does, such as deprioritize certain stops, while at the same time, leaving open avenues for enforcement and since then, chief and i have been working on language and really want to thank chief for working with me so earnestly and diligently on that. and i'm happy to report the revised language is posted to our

website. it's posted in two places for members of the public and commissioners to review. it's posted under the dg9.07 dedicated portion of the website and also under police commission announcements. among the redlines, mostly, almost all of them were redlines that were a result of the chief's request. there were a couple small redline changes to titles and subtitles that were made at the request of the mayor's office, commissioners elias and benedicto were speaking with the mayor's office about it and the mayor's office requested a couple of heading changes, which we were also happy to make. so, just wanted to let commissioners know. i hope you take a look at the new language and members of the public. >> thank you, vice-president carter-oberstone. commissioner

benedicto. >> thank you so much, president elias. two things i'll say at the outset before i go into my report. one is to echo what vice-president carter-oberstone said and thank you carter-oberstone and the chief for working diligently and producing this version with changes. i'm looking forward to the full commission considering early next month and i'm happy to reach a point of agreement on a lot of these points as well and the second thing i'll share before i get into my report, i want to take a moment to acknowledge our president elias who and under rates the extra work she does in her reports. all of the police commissioners are volunteers, but so much more time is asked of our president, whether it's regular meetings, whether it's a lot of administrative duties and i want to acknowledge president elias for the tremendous work. i think in the board and panel report, it was estimated that a council president can spend 40 hours on commission work, and that's in

addition to a full-time job, so thank you, president elias. >> thank you. >> a few items for me to report. i want to acknowledge tomorrow, the 16th of march is the two-year anniversary atlanta spa shootings which killed 8 asian migrant women and -- organizations are having vigils and days of action to commemorate that action tomorrow. members of the department are committed to fighting asian hate at all avenues and wanted to recognize that. i joined guest from ireland and sfpd from the irish parade. none of less, it was great to represent and to join there. dgo7.0, yane z are having

the final working group which deals with the department's interaction with the youth. i have those smiling in the audience, thank them for their work. that will proceed after that process and looking forward to getting it through that process as quickly as possible. dg010.11 which deals with body worn cameras and we're getting our working group process started and i'm looking forward to working on that. two last things, any my fellow commissioner who's didn't attend, the african american advisory commissioners had their report in a truly moving and incredible presentation to the board of supervisors, committee of the whole yesterday. it's -- it's an incredible report. it was an incredible meeting and i think it's important that all of us acknowledge the great work of that committee and i'm glad that the board moved it forward. i think part of what is in that report is that at every level and every agency, we have to

acknowledge the harm done to people of color, in particular, african americans. that includes long histories of that harm being done in law enforcement and so, if you haven't checked out the report, please do so. i would recommend it. and finally, to my fellow commissioners, i'll note i drafted a labor resolution, a labor relations resolution, which basically commits to writing what i've been having to recite, this long block text each time we pass a dgo and city attorney is looking at it. i hope to have it up for consideration at our first meeting in april and then have to -- my apologies tonight. i have to read the long wall text. as i stated before, the point of that resolution is codify what we've done under multiple presidents in the past including president, commissioner president cohen, loftis and

comment to former writing so comply with the law strictly when it comes to labor negotiations is clear. that concludes my report. thank you. >> thank you, commissioner benedicto. commissioner yee. >> thank you very much there, president cindy elias. i wanted to report that on monday, march 13th, i did a merchant walk in the san bruno corridor with one of the community leaders, hazel lee, who brought together, from the san francisco police department, captain david maroon and also captain aaron herrera to meet up with the merchants on their concerns about the violence or actually the crimes that's happening in the early mornings, so many of the merchants we've talked to, they were unfamiliar of how to report crime. and and it seems

like -- that's one of the issues they face, but also i noticed, there was a lot of hispanic merchants out there as well, so i think we probably have to get, i guess, notice in spanish out there too as well, so we talked to captain david morang out of bay view. i met with him to do a line-up in the bay view. the reason for my concern was that, the highest homicide is in the bay view station and and the most shooting happening so i asked for his opinion on what we can do to make it better. one thing is, if we can get more officers out there and and work on different friendship

relationships out there and get the cvr, so that's a violence response group there to try and mitigate it before hand. but, if they are going to mitigate it before hand, i hate to break their trust with them, so hoping to see more work out there, but again, great group of team out there. hopefully, we can get more out there to keep it safer. i also want to announce that on march 25th, the chinese (indiscernible) association will be having activities regarding the wong hunk case. 125 years ago, the chinese community fought for birthright and he was the first to fight this in the view of the supreme court, so you're born here in the united states, you can say, thank you. so i hope you can make it. it's

over at 827 stockton street. it starts about 11:00. thank you very much. it's done by the chinese historical society. >> thank you. >> thank you, president. >> thank you, commissioner yee. i'm hoping that you also have agendized 907 for the benevolent association. remember last time when it was before the commission, you indicated they had a lot of questions so time has passed and i'm hoping you're able to -- >> sure. >> it's posted now so you can take it and share it with them. >> we do things, first thing first -- first come, first serve. >> no, we've been in the queue for months. [laughter] >> no, no. this is 125 years though. >> oh, that card. got it! all right. commissioner walker? >> thank you very much. yeah. i was, it was really exciting to be in the st. patrick's day

parade and seeing officers working, keeping the parade route safe, so that was really great to run into commissioner benedicto there. update on the missing person's dgo, which is currently with dpa to do edits and then headed towards concurrence, hopefully. so my dgo's are in process. i also met with the, some of the patrol specials group, both with the department and with the community to get some questions being answered just, just the legal status and what the current process is to see if that is something, i mean, we'll be presenting something to the commission for discussion on that in the near future, hopefully. to that end, i've been meeting with a lot of community groups and i was contacted by some of the members

of the cart group because they are going to be presented, i believe soon. it's one of the things that is part of what i'm in discussions about, about how to coordinate the different responses on the street and so, i was really, that was a good move because they, you know, there's a need to really coordinate and collaborate on those alternatives and get us all on the same page around it, so i'm hopeful about that conversation that we're all going to be having together, so -- >> that's great. they presented it. i think two years ago or a year and a half ago. the commission had helpful information and there were a lot of things we were able to sort of work out on the spot because there was miscommunication happening between them and the department. that's great. >> yeah. >> good work. >> it's good times to have us on the same page as we sort of expand the responses out there and coordinate them, so.... that's also in process, so -- great, thank you. >> thank you. commissioner byrne, you have an update? i

don't think you have given one on the work you have done. >> thank you, oh, sorry. thank you, president elias. i spoke to ms. kaywood today on the dgo's i'm working on, both herself had consented and i granted a continuance on this stuff. ms. kaywood informed me she's pleased with the work that is being done on it right now and therefore once it's ready to come back to the commission, i will bring it back. >> on all of your dgo's? >> on all dgo's. the one about immigration, as i had reported to the commission before, we were putting that on the back-burner. it isn't the pressing issue that it was. i

think that the board of supervisors was in no hurry to change, anything to do with the sanctuary law. it was nothing to do with the sanctuary law. the other part i have to report, i plan going down in april for another swing shift in the tenderloin to see how, to see the progress with the new initiative that the department has taken. i was down right before the initiative was in place and as i've reported to the commission, i saw a sergeant, mersa chang, save the life of a person who oded on 7th street in front of stevenson, where you were on about earlier. but i haven't seen, i've gone by in the evening times since but i haven't gone out with the police

just to see. i'm not, how would you say, things look slightly different than what i had seen before, but my main concern was the staffing level, particularly after midnight, the night that i was down at midnight, there was only going to be four officers and one sergeant out and what i consider the most dangerous streets in san francisco. so, hopefully, both the swing shift and the graveyard are being covered better. i'm meeting with the supervisor for district 4, i'm going to mispronounce the name, monday, since i live in his district and i, too, march in the st. patrick's parade. i was further in the back. i had

been the grand marshal the year previously so i would have seen more people, but i traditionally march with the immigration rights group in that parade, so i was much further back there and that's what i've got to report. thank you. >> just like -- you granted a continuance on all of the dgo's you're working on or just the immigration one? >> no. the immigration one, as i've reported to the commission earlier -- >> we're putting that on the back-burner; okay. >> on -- i granted a continuance on them all. ms. kaywood was consulted to see her opinion. she was happy with the progress she had with the department police. i'm going to mispronounce his name -- >> we want to keep track on the number of continuances. >> i have granted one.

>> right. >> but the dpa consented so it wasn't done over -- >> okay. >> yeah. shortly, we should be having something. >> good. great. sergeant? >> for members of the public who would like to make public comment regarding line item four, commission reports, please approach the podium. there's no public comment. >> next item, please. >> line item 6, discussion and possible action to approve revised department general order 5.16, “search warrants" for the department to use in meeting and conferring with the effected bargaining units as required by law. discussion and possible action. >> yes. i'm going to turn this over to commissioner benedicto but before i do, i want to thank him for his hard work on this. this dgo was, shall i say, in limbo for a very long time and when commissioner benedicto came

to the commission, he -- he was assigned as dgo and because of his great work, he was able to hurt cast if you will, and get it back on track and not only get it back on track but build consensus in a group that was have i devry sifsh. he's had several meetings outside of the working group with individual stakeholders that had been participating in this working group for a long period of time. it has been over a year plus, so i really want to thank all the hard work that commissioner benedicto did to bring this before the commissioner so i'm going to turn it over to commissioner benedicto. >> thank you for those kind words. for my fellow commissioners, in our packets, the version of the dgo we'll be talking about if you look at 5.16, it's the second one. the second page one through ten, go

to the end of that, and dgo will start over one through 11. and there's highlighted language which i'll go over but that's where it starts. that's what we're looking at. for members of the public, this version is on the commission website as 5.16 version 2. just so we know what we're talking about. this could have been a very different agenda item and evening with some healthy, but significant dispute between sfpd and language and the commission having votes on previsions and decide impasse was reached but i'm happy to report that yesterday, we reached a breakdown and the dpa and the chief agreed on compromise language which makes our job tonight easier. so i'm going to give a quick overview about the process and the revisions. we have subject matter experts from

dpa and the department here for questions. but we don't need formal presentations and hopefully we can go quickly, as i see director henderson is already yawning. [laughter] first -- >> sorry for the resolution. >> i want to acknowledge and thank a lot of people who worked really hard on this department general order, on revising our search warrant policy from the department, carol, captain, deputy chief aswani and the chief, at the department of police accountability, janel kaywood and the bar of justice task force and julie. they have spent countless hours on these recommendations and want to thank them as well. so a little background. since some of us weren't on the commission when this was first before the commission in october of 2021,

this was on the agenda for possible action. an update to what was indeed a long overdue sfpd policy on search warrants. its last update before then was 1997. at that meeting, it was ultimately pulled because communities stakeholders and multiple commissioners identified that it wasn't quite ready and there was important changes that needed to be made, particularly in making sure the warrant addressed some of the future privacy concerns that are emerging when it comes to searches. they said it would be two weeks originally. it will be back in two years and we're here a year and a half later, having considered -- it took a little longer than expected. [laughter] but i think all the sides will agree it's an improved policy and one the commission can be proud of. i worked on this matter in 2021 because i was on the bar association task force and asked to negotiate on behalf

of the bar and then was appointed and so, president elias asked me to continue work on the dgo from the commission side as well. some highlights, commissioners, you'll see in your packet the recommendation grid, which shows over 60 recommendations were discuss ask considered for this policy in the year and a half it took to negotiate it. there wasn't idle time at all. many words opted and some were not but overall, it's an improved policy. it recommends that officers provide a warrant and consult with the da's office on all warrants and requires it all sensitive categories identified by the department and dpa. for the first time it dresses geofencing warrants. i don't think those words would have made sense to the commission, but a geo fence warrant is a warrant wherein stead of asking for a warrant

for a specific individual, a general location will be specified and data will be provided. it has been a concern to privacy advocates, to dpa and the department. for the first time, we addressed geofencing warrants. we looked at what other departments had done and the answer is few done few on geofencing so we're happy to lead the fence on our go-fencing. there's circumstances when the warrants can be used and a special requirements on training and approval to seek these warrants. it contains significant safeguards and restrictions on no-knock warrants. it was acknowledged by the board of supervisors yesterday that three years ago, it was the anniversary of brianna taylor killed in her home by police officers serving a no-knock warrant. this sets limits on when no-knock warrants are permissible. they are permissible when they need to prevent threat of physical

violence and are significantly restricted in other cases and have multis approximately layers of approval and consultation before they can be issued. this tracks the updated federal best practices on no-knock warrants. the policies is not perfect. and indeed not every stakeholder got what they wanted, as angry e-mails and text and phone calls will show, but i think that's the hallmark of a good negotiation and productive process and i think everyone can agree it's an improve over the outdated policy in the status quo. so, here we are today. after months of negotiations and discussing the general order, dpa and sfpd agreed on probably about 90% of the draft. but they could not reach an agreement on a few minor previsions. they initially decided to proceed to the commission with this impasse and let the commission resolve the conflict between these sections. those sections are the highlighted sections in the

updated order. the major point that remained was the process of da review of warrants and dpa initially wanted the language to say that warrants must be submitted for review to the da and the department wanted language that says warrants must be presented and consulted with the da. i've prepared a compromise draft that changed it as you can see here to provide the search warrant and consults, which makes it sufficiently clear the warrant must be provided and not just a description of the warrant but the consultation and not approval is what is being sought from the district attorney's office. i recommended this compromise language to dpa and the chief. they seem to like it in theory and for a while, no one responded to my e-mail, so i was very concerned that they would not like it in practice. but just yesterday, both the chief and dpa informed me they accepted the compromise draft, which is the highlighted draft

that you have before you today. in addition, there are two more language drafts that both sfpd and dpa noted this meeting. when i do my motion, i'll note when we edit those. i'm happy with this process. i wish it was faster but i'm happy with the outcome. it's a great example of dpa and sfpd working together, which we like to see, but an example of where commission involvement can help bridge gaps and help reach a compromise that both agencies agreed to. so you have the draft materials in front of you. and so, you have the subject matter experts here for questions. but with that, i'm going to make a motion to approve department general order 5.16 for the department to use in meeting and conferring bargaining units and

it's two with two additional edits. if you go to page four of 11 on the dgo, under g1a, the third paragraph says the name of the lieutenant that authorized direct submission and remember for the agency and the -- there are more one, so we're going to strike the words, for the (indiscernible). the name of the lieutenant who authorized the direct submission and reason shall be documented. >> page three. >> remove the words for the exit-gency on page three. the other minor change is on page 8 of 11. journalist and california shield law. if you look at the third paragraph that begins with for any search warrants, and the third line, it says members

shall consult. that was just left over language. that should be changed to members shall provide the search warrant and consult, so it's consistent with all the rest of the general order. so, i will make a motion to adopt the dgo with those amendments and with my labor instructions, which i guess, hopefully this is the last time i have to read. with the instructions, the san francisco police commission directs the san francisco police department and urges the san francisco department of human resources, strictly meet and confer only over matter that's mandatory subject to bargaining by law and not meet and confer on those management rights and are not subject to collective bargaining under california law and set clear boundaries to the meet and confer process with the affected bargaining units to ensure there's no delay s items within the scope of representation and

i promise, i will get our commission secretary a written version of what i said. >> great. i'm going to second your motion but i want to acknowledge that i think this really speaks and i know how humble you are and you never take credit for things, but i think this speaks to your leadership, commissioner benedicto. you came and rolled up your sleeves and it's helpful to have a third-party to bridge that gap which is important because it takes a lot of work to get the department and dpo on the same page when they have different views so i want to commend you and thank you for handling that at the 11th hour, so that we have a more unified, i think, cohesive document, so thank you. i'm seconding the motion. i'll give the chief and dpa, or director henderson to briefly comment if they would like to. >> certainly, thank you,

commissioner benedicto. there's a lot good about this process. the frustrating part is it took four years. and you know, i know the commission has since policies and practices in place where we won't have a four-year dgo. that's our intention, but i do want to say there's a lot of hands that went into this. a lot of discussion and i want to appreciate and thank dpa and all the other stakeholders in the community, the bar association, the public defenders office and our internal folks, he worked through most of those four years with the different versions of this dgo. i want to say to the public, i know sometimes it seems like things aren't moving and things are stagnated but this process never stopped. that four years, there were constant meetings, discussions, outreach with dpa and others, and it never stopped, but i do want to

also reiterate, commissioner benedicto coming in and just kind of saying, okay, we've heard everybody's arguments. it's time to move this forward, so i highly encourage that that be the practice moving forward because we have too much work to do to install dgo's or take four years to get to the finish line. thank you for your leadership as well, commissioner elias. >> i need that energy when it comes to the mou, chief. >> i have one other person to thank, carol lacy in the back who have been at every meeting since she has been in this department about this particular dgo so her expertise and practical hands on knowledge really was helpful for this process. >> director henderson? >> thank you. i also want to thank the folks that really did the work. these meetings have been going on for a long time and involved a lot of work, so i

want to start off by thanking janel change wood, thank you for your work and dedication for doing this work and i want to acknowledge commissioner benedicto for coming in. i sit on both sides of the fence because i'm on the bar association with you, so i saw the transition and i know the work that was required. i know what you inherited to come and do this work and part of -- the real issue is acknowledge, even with the 90% agreement on most of the things, it was the 10% that was the real issue that set, that was really the hard work. exacerbated by the over 60 recommendations that came, both from the public, the bar association, the public defender's office, there's a lot of cooks in this kitchen, which made this more argue russ. we're

disappointed with the timeframe and i think this process has shown us that it's possible to get through this and hopefully, we've all learned new tools, new pathways to get through a process like this without it having to take this long in the future. but the result is still what i want to acknowledge and make sure it doesn't get lost in terms of the public's understanding of what we have done. this new policy in terms of addressing search warrants puts us at the top of departments in this nation, both for encompassing and you alluded to it earlier, having a policy that encompasses go-fencing warrants and codifies the no-knock warrants that's reflective of the federal recommendations and not standards. and that's an important part to acknowledge. we still have more than 2/3 of

every department in the united states does not have a use of force policy, does not have a contemplation to address these policies. us having a policy that incorporates the no-knock policy, the no-knock warrant recommendations and the go-fencing sets us in a class above, as a city, beyond a lot of other cities and so, it's not loss on me on how significant this is, how important it is. so many of us continue to do the work and i'm looking forward to this process being as efficient as it was for this complicated issue and future issues that takes less time. so, thank you, everybody that was at the table. but this is a very important step forward that is really going to define both san francisco and the department in a very good way, i believe, in the future. >> thank you. i don't see any names on the roster. sergeant, can we do comment and vote. >> for members of the public who would like to make public

comment, approach the podium. there's no public comment. on the motion.... [roll call] >> you have 7 yeses. >> next item. >> line item 7, discussion and possible action to approve revised department general order 6.05, “death cases" for the department to use in meeting and conferring with the effected bargaining units as required by law. discussion and possible action. >> commissioners, this is before us for a vote. as you'll see the redline and final version with the recommendations that have been accepted, it's my understanding that there is no dispute among dpa or the department with respect to dgo. i ask for a motion to accept. commissioner byrne, are you

making the motion? >> no, i had a question on page four about suspects. minors are -- minors are mirandized and adults aren't? >> captain. >> captain, on page four, number four, it says members should not mirandized a suspect unless the suspect is a youth. youth are entitled to be mirandized but adults are not? >> that's just clarifying that when they detain a suspect, they are going to be waiting for the homicide investigator to get there, but for 7.10, if it's youth, they have to mirandized them as a matter of policy, so

they are not questioning the suspect. that's more to say, make sure you mirandize the youth in the 7.0 and don't mirandize until the homicide unit can get to interview. it's for the officers at the scene. the officers aren't what ran diezing the suspect and taking a statement. >> right. the youth will be -- the youth will be mirandized. >> why is that? >> 7.10 mandates that. these are unintended consequences of policy as you all know and we have to mirandize every youth. >> you can't, you're not going to wait like adults wait, okay. i understand. thank you. >> you raised an interesting point because i mean, well,

commissioner benedicto? >> i was going to make a motion, but i was going to say on that point, i think 7.10 has more detailed instructions so as long as it's crossless, it would specify what needs to be done. >> here's the problem that the department may run into is that if there's an officer and he has a suspect in custody and he's waiting for homicide, i mean, there's certain criteria if they are in custody and make a statement, it would behoove the department to mirandize them before a suspect makes the statement because if they make the statement, then he waits for the homicide to come later, i mean, the suspect could claim that -- >> you're all lawyers up there. it's custody plus interrogation. you have to have both. >> right. but there's cases that indicate that an officer, you know, even simple questions that they could ask, not those of a homicide inspector, can be

considered interrogation, so -- >> correct. it would be up for the judge, we don't want officers mirandized homicide suspects at the scene until the homicide inspector can get there. >> chief, should we add a clarifying sentence. >> it restricts them from asking anything already. so, they wouldn't be able to ask, so movement of the statement is 7.1. >> there juveniles but byrne brought up -- brought up adults it's different. >> we're not going to have the officers not record the statement. it gets to interrogation and whether there is or statements that can be construed to be interrogations is something else and i think that's what the captain is referring to, a judge will

decide that. i don't think it would be -- it would be the right practice to tell officers to automatically mirandize an adult that's suspected of a homicide before any interrogation or something like that. that would be done by the homicide investigators, but if it's spontaneous, i think i'm getting your question. if it's a spontaneous question and the person is talking, there's no requirement for the officers to say stop talking. >> right. there's a difference between spontaneous statement and him speaking to the officer. it wasn't clear. okay. i'm -- commissioner benedicto, you made the motion. vice-president carter-oberstone? >> i'm going to make the motion but with the same way with instructions used in 5.16 >> thank you. just a point of clarification, so is it, i understand the policy is not for the officers on the scene to mirandize suspect, but is it clear in some other policy they shouldn't interrogate the

suspect until homicide arrives on the scene? >> no, there's no -- they are not -- they are all on body worn camera. they have their body-worn camera. if they have a suspect detained, they are not conducting any of those investigative steps past that. they are waiting for the homicide investigator. >> so, is that what you just said, they are not to do any interrogation before homicide shows up. is that in a policy somewhere? because i'm -- the reason i ask is because if all we say is not do not mirandize but we don't say interrogate, it gives that you can interrogate and not mirandize. is there somewhere in the policy that makes it clear, don't ask this person any questions until homicide shows up? >> i'm trying to think right now. sorry, commissioner, you caught me off guard. >> it's all right. >> it might seem like a big question to you, it seems like a

non-issue to me because a patrolman would never think of interrogating a homicide suspect. it's just something, you know -- that wouldn't occur to them but i'm trying to think of a policy that would address that. >> i don't believe there's a policy on that, commissioner. it is, you know, accepted in the training and protocols for these type of scenes. there is a policy -- >> i think it's in the post training when they mirandize, they are taught what is interrogation and -- >> leaving it right there. not that i'm aware of that i have came across a policy that strictly prohibits an officer for mirandized or interrogating a suspect. we want the officer -- you don't want to be

premature on that investigation. to the point, i think moving forward, let us -- i don't think there's anything specifically in writing but it could be something that we could do as far as a training, both from the academy. i really don't think that should be rooted in dgo because the cases can be -- maybe a case wherein tare gags is necessary -- where interrogation is necessary. we can put that in a training document or something of that nature >> okay. thanks. so, it sounds like, from chief scott and captain ahern, as a practical matter in real life, you don't have a concern that an officer would say, i can't mirandize the suspect, but that officer might think that she could question the suspect before homicide shows up. you think as a practical matter, it's very clear to officers that we just don't do that until homicide

arrives at the scene? >> correct. that's my, i mean, i'm just trying to think, wreck my brain, it doesn't occur. >> okay, great. thank you. >> commissioner yee. >> thank you very much, president elias. my question is, you're going to wait for, i guess, the homicide investigator to come to the interrogation before, suppose time -- there's none available or there's a delay, is there another option that you will, i guess, use somebody else instead of a homicide investigator? >> there's two teams on call. there's four to five homicide investigators in each team and the lieutenant homicide. unless they were all trapped in an escape room and couldn't get out, there's going to be someone

who will be able to respond. >> god forbid there was more than -- there's multiple happenings out there, and you get tied up, is there -- >> maybe a mass casualty, multiple shooters where we have a major incident response team and at that time, we would activate that team, which would activate all -- all inspector bureaus. and it would be a mass casualty incident. >> thank you. >> motion. >> second. >> sergeant. for members of the public who would like to make public comment regarding line item seven, approach the podium. there's no public comment. on the motion, commissioner walker.... [roll call]

>> you have seven yeses. >> next item. >> line item 8, public comment on all matters pertaining to item 10 below, closed session, including public comment on item 9, vote whether to hold item 10 in closed session. if you would like to make public comment, approach podium. there's no public comment. >> line item 9, vote on whether to hold item 10 in closed session including vote on whether to assert the attorney-client privilege with regards to item 10(a) through 10(d) (san francisco administrative code section 67.10) action. >> motion to hold item ten in close session. >> second. >> on the motion, commissioner walker.... [roll call]

>> you have seven yeses. we are going into closed. >> commissioners, we're back in open session. line item 11, open session -vote to elect whether to disclose any or all discussion on item 10 held in closed session including vote on whether to assert the attorney-client privilege with regards to item 10(a) through 10(d) (s.f. admin. code section 67.12(a)) (action) >> motion not to disclose and assert of the attorney client privilege. >> second. >> any member of the public like to make public comment regarding line item 11, approach the podium. no public comment on the motion. commissioner walker, how do you vote?

[roll call] >> you have seven yeses. >> line item 12, adjournment. >> adjourn. >> all right.

going 90 charlie. go ahead. we moved to san francisco in 1982. we came from the philippines. i have three kids nathan, jessica and iva. i was really young. when i had neat, i turned 19. and then two weeks later, he was born. so when he was fine, i used to watch cops all the time. all the time and so he would watch with me. he had his little handcuffs and his little toy walkie talkie. and then whenever the theme song came on, he would walk around and he just thought he was the baddest little thing. i think he was in kindergarten at sheridan because he and i attended the same elementary school there was an officer bill. he would just be like mom officer bill was there then one day, he said, mom, i touched his gun. and he was just so happy about it. everything happened at

five minutes. i would say everything. happened at 4 to 5 years old. it's like one of those goals to where you just you can't you can't just let go. high school. i think you know everybody kind of strays. he was just riding the wave. and i mean, he graduated. thank god. one day i think he was about 20 or 21. he told me, he said mom. i want to be a cop or a firefighter, i said. no you're going to be a firefighter. but that's really not what he wanted to do. his words were i want to make a difference. and that was a really proud moment for me when he said that my dad was a cop in the philippines for 20 years. i think a lot of that played a role into his becoming a cop. my dad was really happy

about it. my mom. she was kind of worried, but i just figured i can't stop him. he can make his own decisions. stu. i just want to say what's up? how you doing? good. good. no i'm trying to look good for us to looking good for us to so when he was in the police academy, mind you this kid was not a very studious kid. but i've never seen him want something so bad when he was home. he'd be in his room studying the codes. he really fought for it. hi. what's your name? i'm nate. nate is great with kids, and he would give them hugs or give them stickers. i think that that's a positive influence on the kids, and then the people around you see it. once he makes that connection with people and they trust him that foundation that respect

people look at you and see your actions more than your words and so that i think will reach people more than anything. you could say you later, brother. thank you. all right, see you. it's a really hard job. i know you. you see a lot of the negative for me. i would not put myself through that if i didn't care. you know, you have to be the right kind of person. you have to have the right heart to want to do that. when people ask me if you know what my son does , um, i just tell him he's a cop , and i just feel like i'm beaming with pride. i always told him when he was young that he would do something great. and so to see it. it's i have a moment. i'm very proud of him.

to the government over sxiet audit committee i'm dean preston joined by vice chair stefani and supervisor connie chan. the clerk is stefani cabrera. we want to thank the team at sfgovtv for staffing this meeting. any announcements. >> convening hybrid meetings allow in person attendance and public comment providing