January 10, 2024 Police Commission meeting

Wednesday, January 10, 2024

In this page:

    Agenda

    1. 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.)

    2. Consent Calendar (RECEIVE & FILE; ACTION)

      -              Family Code § 6228 Incident Report Release Quarterly Report 2023 Q3: July 1, 2023-September 30, 2023

      -              Police Commission Report of Disciplinary Actions, 4th Quarter 2023

      -              SFPD 3rd Quarter Document Protocol Memo

      -              DPA 3rd Quarter Document Protocol Memo

      -              SFPD 3rd Quarter Non-City Entity Live Monitoring report

      (Required per BOS Ordinance 205-22. The Q3 report includes live monitoring request/operation data from July 1, 2023 through September 30, 2023 and includes Part I and Part II crime data between June 2023 and October 2023.)

      -              SFPD 1421 and SB 16 Monthly Report (November 30, 2023 and December 29, 2023)

      -              DPA 1421 and SB 16 Monthly Report (January 4, 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

       

    3. Adoption of Minutes (ACTION)

      - for the Meetings of November 1st, November 8th and December 5th, 2023.

    4. 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.)

       

       

       

       

    5. 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.)

       

       

       

       

    6. 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)

       

    7. Discussion and possible action to approve revised DGO 7.04, “Safeguarding Children of Arrested Persons” for the Department to use in meeting and conferring with the effected bargaining units as required by law (DISCUSSION & POSSIBLE ACTION)
    8. Discussion and possible action to approve revised DGO 9.05, “Citation Control” for the Department to use in meeting and conferring with the effected bargaining units as required by law (DISCUSSION & POSSIBLE ACTION)
    9. Discussion and possible action to approve revised DGO 2.06, “Vehicle Crashes Involving Employees” for the Department to use in meeting and conferring with the effected bargaining units as required by law (DISCUSSION & POSSIBLE ACTION)
    10. Discussion and possible action to adopt revised Department General Order 3.13, “Field Training Program” (DISCUSSION & POSSIBLE ACTION)

      (Previously approved for meet and confer on January 18, 2023, Resolution No. 23-9)

    11. Discussion and possible action to adopt revised Department General Order 7.03, “Information Dissemination Regarding Registered Sex Offenders Megan's Law” (DISCUSSION & POSSIBLE ACTION)

      (Previously approved for meet and confer on July 12, 2023, Resolution No. 23-67)

    12. Public comment on all matters pertaining to Item 15 below, Closed Session, including public comment on Item 14, vote whether to hold Item 15 in closed session.
    13. Vote on whether to hold Item 15 in Closed Session (San Francisco Administrative Code Section 67.10) (ACTION)
    14. 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):

      Ibrahim Nimer Shiheiber v. Officer, United States District Court, Case No. 21-cv-0609-JCS, filed April 30, 2021 (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):

      Charles Heard v. City and County Of San Francisco, et. Al., United States District Court, Case No. 21-cv-09472-JSC (DMR), filed December 8, 2021 (DISCUSSION & POSSIBLE ACTION)

      c. CONFERENCE WITH LABOR NEGOTIATOR – COLLECTIVE BARGAINING. This item is for the Commission to meet in closed session with their labor negotiator and provide direction for bargaining with the San Francisco Police Officers Association (POA). The POA is not permitted to attend this closed session meeting. Pursuant to Government Code Section 54957.6 and San Francisco Administrative Code Section 67.10(e):

      City Negotiator: LaWanna Preston, SFPD Labor Relations Director

      Organization representing Police Officers: SF Police Officers Association

       Anticipated Issues Under Negotiation: Discussion on DGO 8.04 (DISCUSSION)

      d. PUBLIC EMPLOYEE PERFORMANCE EVALUATON: 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 21-001) (DISCUSSION)

      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:

      Assignment of a Commissioner for the taking of evidence on the disciplinary charges filed in IAD Case No. 2022-0199 (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:

      Assignment of a Commissioner for the taking of evidence on the appeal of Chief’s decision in IAD Case No. 2021-0058 (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:

      Assignment of a Commissioner for the taking of evidence on the disciplinary charges filed in DPA Case No. 48619-21 (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:

      Assignment of a Commissioner for the taking of evidence on the appeal of Chief’s decision in DPA Case No. 47388-21 (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:

      Assignment of a Commissioner for the taking of evidence on the appeal of Chief’s decision in IAD Case No. 2021-0132A (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 decision in IAD Case No. 2021-0132B (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 decision in IAD Case No. 2021-0132C (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 decision in IAD Case No. 2021-0132D (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 decision in IAD Case No. 2021-0369 (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 appeal of Chief’s decision in DPA Case No. 48766-21A (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 appeal of Chief’s decision in DPA Case No. 48766-21B (ACTION)

      p. 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 decision in DPA Case No. 48766-21C (ACTION)

      q. 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 decision in IAD Case No. OIS 2018-0002 (ACTION)

      r. 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 decision in DPA Case No. 45140-20 (ACTION)

      s. 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 decision in IAD Case No. 2022-0008 (ACTION)

    15. OPEN SESSION - Vote to elect whether to disclose any or all discussion on Item 15 held in closed session (San Francisco Administrative Code Section 67.12(a)) (ACTION)
    16. Adjournment

    Date & Time

    Wednesday, January 10, 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

    November 1, 8 and December 5 2023 minutes

    Jan 10 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. Ramps are available at the Grove, Van Ness and McAllister entrances. 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 February 7, 2024