September 4, 2024 Police Commission meeting

Wednesday, September 4, 2024

In this page:

    Agenda

    1. In Memoriam

      - Officer Luciano Ortega, Star No. 2449, Mission Station 

    2. General Public Comment

       (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.)

    3. Consent Calendar (RECEIVE & FILE; ACTION)

      - SFPD Second Quarter 2024: Audit of Electronic Communication Devices for Bias 

      - Semi-Annual Report to the Police Commission Sexual Assault Evidence Kit (SAEK) January 1-June 30, 2024
      - Safe Streets for All 2024 2nd Quarter: Update on Traffic Violations and Fatalities 
      - SFPD Family Code 6228 Quarterly Report Update on Incident Report Releases during the 2nd Quarter 2024 
      - Internal Affairs Division Quarterly Report 2nd Quarter 2024 – Update on Open and Closed Discipline cases
      - SFPD and DPA Document Protocol Reports 2nd Quarter 2024 – Update on Number of requests for Documents from DPA
      - 2023 SFPD Department Awards Certification 
      - SFPD SB 1421 and SB 16 Monthly Report for July 2024 (Pursuant to the request of the Police Commission, the Department provides this monthly update on the status of Public Record Act Requests received relating to Senate Bill 1421, Peace Officers: release of records. This report is a cumulative record of all requests and the production of documents since SB 1421 became effective on January 1, 2019 and is calculated for a month-over-month comparison)
       

    4. Adoption of Minutes (ACTION)

      - for the Meetings of July 10th and July 17th, 2024

       

       

       

       

    5. 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.)

       

       

       

       

    6. DPA Director’s Report (DISCUSSION)

      - Report on recent DPA activities, and announcements (Commission discussion will be limited to determining whether to calendar any of the issues raised for a future Commission meeting.)

       

       

       

       

    7. Commission Reports (ACTION)

      (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)

       

    8. Presentation on the Crisis Intervention Team (CIT) 2023 Annual Report (DISCUSSION)

      The CIT program was adopted to address persons in crisis incidents and formulate plans to establish rapport, and the use of de-escalation tactics whenever possible.  CIT Annual Report outlines the responses to crisis calls for service.

    9. Presentation on the Early Intervention System (EIS) 1st and 2nd Quarter 2024 (DISCUSSION)

      EIS is a structured system that identifies and manages behaviors that result in performance related problems by individual members.  The intent of the system is to provide non-disciplinary intervention to assist members in their professional development in order to provide the highest level of service to the public.

    10. Discussion and presentation on department’s community engagement process for the department’s use of equipment policy prior to submission to the Board of Supervisors (DISCUSSION)

      Assembly Bill 481 and S.F. Admin. Code Section 96H.1 require the department to submit an annual report to the Board of Supervisors including an inventory of certain equipment in its possession, and information regarding the use of the equipment in the prior year. The Commission directed the department to organize a public meeting to facilitate an open forum where community members could actively engage, ask questions, and discuss issues

    11. Discussion and presentation on the Implementation of Drone Program (DISCUSSION)
    12. Discussion and possible action to approve revised DGO 2.07, “Discipline Process for Sworn Members” for the Department to use in meeting and conferring with the effected bargaining units as required by law (DISCUSSION & POSSIBLE ACTION)

      The community engagement process does not apply where the Commission is considering policy revisions to existing DGOs to implement Prop E. (S.F. Admin. Code section 96I.1). 

    13. Discussion and possible action to adopt revised Department General Order 2.06, “Vehicle Crashes Involving Employees” (DISCUSSION & POSSIBLE ACTION)

      (Previously approved for meet and confer on January 10, 2024, Resolution No. 24-2)

    14. Discussion and possible action to adopt revised Department General Order 5.01, “Use of Force Policy and Proper Control of a Person” (DISCUSSION & POSSIBLE ACTION)

      (Previously approved for meet and confer on July 10, 2024, Resolution No. 24-79)

    15. Discussion and possible action to adopt revised Department General Order 5.04, “Arrests by Private Persons” (DISCUSSION & POSSIBLE ACTION)

      (Previously approved for meet and confer on July 10, 2024, Resolution No. 24-80)

    16. Discussion and possible action to adopt revised Department General Order 5.06, “Citation Release” (DISCUSSION & POSSIBLE ACTION)

      (Previously approved for meet and confer on July 10, 2024, Resolution No. 24-81)

    17. Public comment on all matters pertaining to Item 19 below, Closed Session, including public comment on Item 18, vote whether to hold Item 19 in closed session.
    18. Vote on whether to hold Item 19 in Closed Session (San Francisco Administrative Code Section 67.10(d)) (ACTION)
    19. Closed Session

      Roll Call;

      a.    CONFERENCE WITH LEGAL COUNSEL – Existing Claim. Pursuant to Government Code Section 54956.9(d)(1) and San Francisco Administrative Code Section 67.10(d)(1):
      Yulanda Williams v. City and County of San Francisco, et al., San Francisco Superior Court Case No. CGC-19-576323 filed May 29, 2019 (DISCUSSION & POSSIBLE ACTION)


      b.    CONFERENCE WITH LEGAL COUNSEL – Existing Claim. Pursuant to Government Code Section 54956.9(d)(1) and San Francisco Administrative Code Section 67.10(d)(1):
      Jane Doe v. City and County of San Francisco, et al., United States District Court Case No. 22-cv-05179-AGT filed September 12, 2022 (DISCUSSION & POSSIBLE ACTION)


      c.    PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Chief of Police. Pursuant to Government Code Section 67.10(b) and Penal Code Section 832.7:
      Review of findings and Chief’s decision to return or not return officers to duty following officer-involved shooting (OIS 24-002) (DISCUSSION)


      d.    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 decide guilt and penalty, if needed, or take other action, if necessary, in the appeal of Chief’s suspension filed in Case No. DPA 0645-18 (DISCUSSION & POSSIBLE ACTION)


      e.    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 decide guilt and penalty, if needed, or take other action, if necessary, in the appeal of Chief’s suspension filed in Case No. DPA 0645-18 (DISCUSSION & POSSIBLE ACTION)


      f.    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 accept or reject Settlement Agreement filed in Case No. IAD 2020-0080A or take other action, if necessary  (DISCUSSION & POSSIBLE ACTION)


      g.    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 accept or reject Settlement Agreement filed in Case No. IAD 2020-0080B or take other action, if necessary (DISCUSSION & POSSIBLE ACTION)


      h.    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 off calendar the appeal of Chief’s suspension filed in DPA Case No. 48931-21 and remand back to the Chief of Police (DISCUSSION AND POSSIBLE ACTION)


      i.    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 off calendar the appeal of Chief’s suspension filed in DPA Case No. 46619-21 and remand back to the Chief of Police (DISCUSSION AND POSSIBLE ACTION)


      j.    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 a Commissioner for the taking of evidence on the appeal of Chief’s suspension filed in IAD Case No. 2022-0094A (ACTION)


      k.    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 a Commissioner for the taking of evidence on the appeal of Chief’s suspension filed in IAD Case No. 2022-0094B (ACTION)


      l.    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 a Commissioner for the taking of evidence on the appeal of Chief’s suspension filed in DPA Case No. 50123-22 (ACTION)

      m.    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 a Commissioner for the taking of evidence on the appeal of Chief’s suspension filed in DPA Case No. 50167-22 (ACTION)

      n.    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 a Commissioner for the taking of evidence on the disciplinary charges filed in IAD Case No. 2023-0079 (ACTION)

      o.    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 a Commissioner for the taking of evidence on the disciplinary charges filed in DPA Case No. 56763-23 (ACTION)

       

    20. Vote to elect whether to disclose any or all discussion on Item 19 held in closed session (San Francisco Administrative Code Section 67.12(a)) (ACTION)
    21. Adjournment

    Date & Time

    Wednesday, September 4, 2024
    5:30 pm

    Police Department

    Police Commission
    City Hall
    1 Dr Carlton B. Goodlett Place
    Room 400
    San Francisco, CA 94102
    View location on google maps

    With the return to in-person meetings and the end of the City and State’s public emergency orders, there will be no remote public comment, except for disability accommodations.

    Online

    With the return to in-person meetings and the end of the City and State’s public emergency orders, there will be no remote public comment, except for disability accommodations.
    Watch on SFGovTV

    Documents

    September 4 2024 Minutes

    KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE

    KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE

    Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils, and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review. For information on your rights under the Sunshine Ordinance (Chapters 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, please contact: Sunshine Ordinance Task Force Administrator in Room 244 at City Hall, 1 Dr. Carlton B. Goodlett Place, San Francisco, CA 94102-4683. (Office) 415-554-7724; (Fax) 415-554-7854; E-mail: SOTFsfgov.org.
    Copies of the Sunshine Ordinance can be obtained from the Clerk of the Sunshine Task Force, the San Francisco Public Library and on the City's website at www.sfgov.org. Copies of explanatory documents are available to the public online at http://www.sfbos.org/sunshine or, upon request to the Commission Secretary, at the above address or phone number.

    LANGUAGE ACCESS

    LANGUAGE ACCESS

    Per the Language Access Ordinance (Chapter 91 of the San Francisco Administrative Code), Chinese, Spanish and or Filipino (Tagalog) interpreters will be available upon requests. Meeting Minutes may be translated, if requested, after they have been adopted by the Commission. Assistance in additional languages may be honored whenever possible. To request assistance with these services please contact the Police Commission at (v) 415.837.7070 at least 48 hours in advance of the hearing. Late requests will be honored if possible.

    DISABILITY ACCESS

    DISABILITY ACCESS

    Police Commission hearings are held in Room 400 at City Hall, 1 Dr. Carlton B. Goodlett Place in San Francisco. City Hall is accessible to persons using wheelchairs and other assistive mobility devices. Wheelchair-accessible entrances are located on Van Ness Avenue and Grove Street. Please note the wheelchair lift at the Goodlett Place/Polk Street is temporarily not available. After multiple repairs that were followed by additional breakdowns, the wheelchair lift at the Goodlett/Polk entrance is being replaced for improved operation and reliability. We anticipate having a functioning lift after the completion of construction in May 2025. There are elevators and accessible restrooms located on every floor. The closest accessible BART station is Civic Center Station. For information about SFMTA service, please call 311. Assistive listening devices, real time captioning, American Sign Language interpreters, readers, large print agendas or other accommodations are available upon request. Please make your requests for accommodations to the Police Commission at (v) 415.837.7070. Requesting accommodations at least 72 hours prior to the meeting will help to ensure availability.

    LOBBYIST ORDINANCE

    LOBBYIST ORDINANCE

    Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct Code 2.100] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 25 Van Ness Avenue, Suite 220, San Francisco, CA 94102; (Office) 415.252.3100; (Fax) 415.252.3112; Website: sfgov.org/ethics.

    Last updated October 2, 2024