Skip to main content

tv   San Francisco Government Television  SFGTV  February 2, 2017 8:00am-10:01am PST

8:00 am
grace and style. you always wanted to talk and plan annually, both of us could find to do that was usually 6 am on tuesdays and thursdays. so, but you never complained about the early morning calls. we discussed things and you made this commissioner work. you have an incredible ability to balance your job, this commission have the agenda and a beautiful beautiful family. i wish i could manage all of those things the way you did and you always knew what was the priority. so, and the girls and your mother are very much [inaudible] i want to say thank you for being my fellow commissioner. thank you for being such a great president
8:01 am
allow me to serve with us vice president and thank you for being such a wonderful friend to me and to the city and county of san francisco. you've done a tremendous job. thank you so much. >> thank you everyone. i will just say it is with deep copasetic and all of you that allows me to leave and know we are in good hands. so not far away. my office will be on the fourth floor. you guys will know where to find it. okay. sgt.-it's not public comment, and yet mom. >>[laughing] the chair has discretion to recognize you. okay, come on up mom. b was on susie's mother. >> excuse me but i'm susie's mother i really don't know what to say other than i'm delighted she's got another job. >>[laughing] i messily delighted she's got another job because she can't do this
8:02 am
anymore. you're not allowed to. but anyway, anyway [inaudible] she's always been very committed to her convictions. right and wrong even when she was little. i mean there's a reason why i had gray hair. and lots of wrinkles. there's a reason. [inaudible] >> i would never do that, mom >> i'm very very proud of her. and i think this is a hard job. i would ask you all the time, jeff any choice about doing this? no. did you just come on how to do it read >> you don't get to ask people questions, mom. >> i sit at home and watch it on the television so i know what is going on and i know a
8:03 am
chap that comes and says something every week and i had to write down a couple things because i was afraid i would not get. susie, years and years ago, as she went to law school two days later and she had her first child on the date she gave her final submission to her class or whatever it is and i can't tell you how proud i am about that. she's just a remarkable individual even though i gave birth to her but you know, there is a reason. i am glad i can-we all like the key hennessy and we'll admire and i think charlotte great job there. >> thank you, thank you, mom.
8:04 am
>>[applause] >> okay. sgt. next item >> item one d commissioner announces and scheduling items identified for future mission at meetings >> colleagues items to put on future agendas? >> i do want to check in where the eis is. i know the was negotiations between the occ and the department. just something to check on >> that is on the agenda for separate first. >> thank you >> anything further on this matter? were open up on public comment on items one-a-d >> cheryl davis with the human rights commission formally with mold magic and working with these young people and wanted to make sure to come by this
8:05 am
evening for a few different reasons but mainly just to formally and i know said it at other occasions, but to formally acknowledge and thank president loftus for the role she has played in providing space and time and opportunity for community voices and for young people to select their part of the process and for engaging them not just one time but on numerous occasions through use of force and the police chief search and just every time he felt unindicted no but never share this with you all but the first year, the first summer we did this program was a young man who was in the program was a lead-he called me frantic one night because he had messed up something on his uc application. i was on the train and i called chief-i called susie
8:06 am
loftus and i said, look this young man needs to verify because this program that we did during the summer the uc system does not believe it actually happened. he wrote in his application that he did this work with the police department and as an african-american man, they do not believe it happened. so they threw out his application because they thought he made it all. i said, i need you all-is a little late. he needs to jordan and prove that this happened so can you speak please write a letter saying this young african-american boys who lives in public housing actually has access to the chief of police and the president of the police commission and they turned a letter around the next day. he is now a second year student at uc santa barbara because-and he got into uc berkeley as well because all because the president and the chief of police took the time to work with him during the summer and to verify that they did that. so for me that is really what
8:07 am
the relationship that we've developed that i hope we will be able to continue and i just want to thank and acknowledge susie for those things that nobody knew about nobody cared about that transform not just one student life, but tons of them because they believed in the police commission and the police department. so thank you >> thank you ms. davis peered hello, morgan >> hi. i am morgan talk i just want to thank you for all the work you did and supported me especially the process ongoing. i know i can reach out to any dumb newbie like i will help you. so i really am sad to see the united states out about this. very appalled but it's okay. >> you're in good company. >> what process are you going through? b was to be a police officer. on most there. i want to thank you for everything you've done and i hope we can continue this >> we will. thank you. next speaker, please. >> i too was appalled to only find out two hours ago. but i
8:08 am
remember when i first came back from sacramento state and i started to get involved and i was interning in i remember coming to my first police commission at the time and i came in with a group who i had already knew and i kind of was in that space and how do i get involved. i was following what was happening with the police department around the nation and i just want to see institutions that serve the people and most efficient and effective way possible good so i was very upset because as somebody who aspires to go into public service one day, well i am right now-and i think you help me kind of be defined that because sometimes we take public service as this thing that running for office but
8:09 am
really it's what you do at the ground level at the community level in a remember coming to that meeting and being a part of that loud crowd and you said get involved. you know, i now work for an organization collective impact, in the western addition, you really engaged us. so we told me to get involved i answer the call and in return you showed me the public service is about and i'm around great leaders and great people and i just wish you well. you have a great spirit and you have a true public-not service spirit but a public servant spirit and i definitely look forward to working with you again in some capacity and i wish you luck and god bless you. >> thank you. thank you, anthony. good evening, sir welcome. >> first of all i want to say i love your mom.
8:10 am
>> >> yes., we all do. she's incredibly lovable >> she is right. beating up on you just the job and she's right, no, you can't take it no market we have become noxious friends, did you become just like real friends. i just want to say, thank you for all the hard work and thank you for the youth you have been working with and everybody loves you. you are always welcome in the western addition. our doors are always open the you can come to our community center at any time get will always have a parking space for you. >>[laughing] i just want to say he was among the few people that knows how to get a spot in the neighborhood >> exacted i just want to say thing think you for everything you been great and the commission will realize what a mess until it's gone.
8:11 am
>> that's a nice way to say it. >> thank you. good evening, welcome >> hi. i'm not sure them in the right spot items one through d >> i gather you are leaving your position and is not wonderful. >> it feels that way. >> that's great. i am susie's call and i've lived in bernal heights for 40 years and someone broke into my house two weeks and i'm an elder i'm a senior. i they slip dyskinetic -and i live in a very small house and was very scared. i had my car parked in the driveway and humans got in. i was rescued by a garbage truck that came by. meanwhile my daughter lives on the other side of the hill and some and try to break into her house and he got into the car and she is a teacher and so she has a lot of school supplies that are in the back of the card somehow he
8:12 am
got in there and got burned the inside of the car. so much so that it's totaled. meanwhile i'm a family therapist in so many clients on the hill and all reporting break-ins. the doggie park, there is some guy or group of people putting acid on the cars making doggie biscuits with acid in them to now people are afraid to bring their dogs there. i'm on the northwest part of the bernal heights and the homeless encampment under cesar chavez and under the freeway is cleared and within days it is 'people are audacious. they come onto my neighbors yard and just began be talking and they just help themselves to the water very belligerently. the homeless problem is a problem. when it's written up in the new york times about tent cities we've got to do something. in the time-is my time up?
8:13 am
>> 30 seconds >> basket from our police cars good match last in bernal heights the nape part of the mission district because the police take forever to come and it's not the final angles either just be offered only to far away. and i'm asking for obviously not only more police coverage but a different attitude with the police would become friends and i guess it's called community policing. so the more friendly with us and it's less about traffic infractions but building relationships so that we feel safe with them and they feel indebted to us because we need of the i can continue living your that is how city light start an accident happened. the mission and provide specifically are where most of the techies with in the economy is here. >> thank you. tic sgt. coming up. it's not like you like and get sgt., good you can come follow-up with your specific concerns. thank you. next speaker. good evening welcome >> good evening i am aaron petty am an attorney with [inaudible] julie todd asked me
8:14 am
to deliver her marks because she's unable to attend due to an interview given dr. pres. loftus them julia minibus on the bar association's criminal justice task force work closely gradually we want to publicly about pres. loftus for remarkable leadership collaboration, dedication and commanding knowledge of police policy and practice. pres. loftus is listen to and included many diverse voices and areas of expertise in an effort to responsibly respond to and prepare our police department and our city for 21st century policing it so thank you pres. loftus. it is also important to recognize that this commission as a whole is collectively and unanimously undertaken this work. december
8:15 am
21 this commission implemented long overdue thoughtful and well drafted policies on the use of force and crisis intervention. many dedicated countless hours to this work which is never the work of a single commissioner, all of you committed yourself to implement insignificant changes in policy and the success of these policies demand your continued commitment. this is complicated work built over time and we are confident all of you remain steadfast in your resolve to move forward with the even more important work remaining. the policy is in place but good policy in the absence of reengineering, training, and vigilant oversight and renewing our commitment to data collection and analysis that will inform us on the measure and effectiveness of the policy and training is essential. it's more important that getting the policy right in the first place. we are grateful that each of you is undertaken is comforted work remain dedicate to the success of the policy. similarly the bar association remains dedicated to continued collaborative relationship with this commission and the police department. for we know the work of many is needed for this
8:16 am
work to the right and to keep it so. we look forward to continuing this important work with you and thank you. thank you pres. loftus >> thank you very much. next speaker. >> good evening commission. san francisco for police accountability at-she was probably your toughest critic on the commission. the apparatus been one of your toughest critics among the public. and the community. so i would like to say though that we have always known that your heart was in the right place and that in the last three months or so we have begun to realize that you are removing in terms of your mind and your perceptions especially about the poa. we are very pleased that the commission as a whole and you spearheading it a push back strongly against the poa. we are very happy that the lawsuit is being joined with bigger by the commissioned by the city attorney as far as them try to stop the use of force policy but we are also very very pleased that you we believe were one of the people
8:17 am
instrumental in getting an outside sheet. we think that's a very important issue for the commission. going forward we very much like to see the new president and vice president wherever it may be if the decision is made tonight, to be a little bit more open as far as welcoming the community a wholehearted way into the process because i think we are your allies we are doing very good work. so i hope that process continues to open up in front of the commission and you will welcome us into the stakeholder group, etc. get accurate much for your service susie and we look forward to following in your career going ahead. thank you. >> thank you. next speaker. good evening class welcome. >> good evening two things, first. the chief support chief chaplin your credit to the uniform you wear. you and scott work like a team that's never been seen. i'm looking forward to that. commissioner hicks,
8:18 am
we've been there done that. you are special. you can handle the massive task you are getting it will be nothing for you. nothing. a walk in the park. and ms. pres., all i can say is sheriff hennessey's gain is our loss but good for you. as far as the poa, i called him this morning. i wasn't very polite. there attack tactics are repugnant. they were rude. they were cool but you're not-they've done it to me could they call me a drunk. i'm not. they attacked gascon. he happens to be latino. the attack you-she's black. it's all over the streets that you are racing. it's all over the news could get poa is race. is
8:19 am
documented did you read the examiner the comments leave those were police officers. the general public doesn't know. those are cops. when i read those comes i wanted to puke. those are cops. rank and file officers. hello. we will miss you could best of luck come back and see us once in a while width no worries cried. one of the ways i do survive as i don't read the comments, clive. good evening >> good evening i hope you don't mind some substance >> i would love it. >> sorry i'm going to give you a confession first. i hope he doesn't mind sharing this right you're not a rent to commissioner mazzucco on the street. [inaudible] i thought i don't think so. then about a
8:20 am
year ago i went to the first use of force input session at rev. brown's church that went into pres. loftus for the sump quarter amid vineyard i give it a piece of my mind not to wish you challenge the big show up. show up and engage. that's the right message. it was the right message for me i don't regret engaging it was the right message to people that care about what this policewoman does i think what is going on here the commissioner loftus deserves credit for is frankly a time period were democracy feels threatened federally want people to engage locally. this is going to be all the more important the idea that you not only encourage dissenting views people that disagree with you strongly and i agree their process you can be more inclusive and more (not quibble here we make better decisions from this department is greater community trust and confidence, the more engaged the community can be and the more this process works so motivate commissioner loftus are challenging me to put up or shut up. i chose to put out for a well. now on the substance.
8:21 am
on the collaborative performances should appreciate the checklist all capt. conley's were. one of the things this commission can do is to think the bureaucracy is not to be moving get sometimes not about hostilities how bureaucracies did on things they don't want to move on and want to call attention to the [inaudible] the department of justice said you need to do a audit and the snow action on get the report came out in october and still have not been action on it and the cops office of the apartment just said that the tepid response. just a few months ago i'm sorry just a couple weeks to capt. conley with the newspaper the oddest audit had not taken place. that's an example of the sort of thing i hope this commission will stay on top of. because there is a cultural problem we have to seek it out and follow up on those thing. thank you for your time once again. >> thank you. good evening. welcome behaving commissioner loftus. everybody but good evening. we have to wonder why
8:22 am
the poa seems to attract the most corrupt and most polling swords could the police in general are great people but the words seemed to go into the leadership ranks of the poa. that is indicative of a problem in the police department number two, i was almost a vision zero fatality a few days ago that i was on montgomery street vice president biden wasn't speaking as a medical demo we saw was all wrong but something on the streets of people, and they'll getting wet outside to go around to get to my office to go to work that day and was covered over by a police van. it was a me going 40 on montgomery st. if you all did your due diligence and got your permits get worked out at a time i would not have been hit and killed and was tied. number three, commissioner marshall you need pres. loftus to get through this and i take what he said seriously because you get through a lot in the last two years you are not dumb. there's
8:23 am
plenty more reform that still needs to get done. the tone seemed to indicate you are done the hard part you've done a lot of the hard part there's plenty more to do. so you're not all the way through this yet. finally, i just want to go to the listed you that the batch jams you get the new use of force policy you get new chief on the way although i like the old chief just fine. you got you commissioner ong hing whose name i refuse to utter in public because he such a disgrace. you've got commissioner turman who taught to stop your producer from giving up toll a sweetheart deal a couple months ago so there's even some slight movement in the forming the regulation of the patrol specialist. so we have momentum. this project moment and i think it's a loss for the commission to lose pres. loftus. julie some communication of the momentum and your gut need to keep the momentum going. thank you. >> thank you. any further public comment? yes. ms. brown. welcome good evening. aye
8:24 am
speak >> hi. i just once a onset that you're leaving also. i just want to thank you, 24 all the years that of them coming here. as a mother to mother, i felt that you always help me represent my son and your mother taking his picture and putting it in her house whenever she puts it. thank you. i'm sad to see you leave because now who is going to talk for me? so it really hurts. i still need someone to say my son's name can i still need someone to say if anyone knows about who murdered my son. i still need that. now that you are gone, i am wondering what's going to happen now. you know, this
8:25 am
transition into the new--to everyone is due to the new police chief. the new president. i mean i'm turman is going to be the new president and i know he is going to talk about my boy, to but i'm just going to miss seeing you and your mom here. come back and wherever you are, still talk about my son please. thank you we thank you get if anyone has an information to the murder of operate because of this anonymous tip line and call 415 575-4444. i won't be far. next speaker. >> my name is john jones. they please admission i to regret your leaving commissioner loftus. when i first addressed the commissioner earlier early
8:26 am
last year was a very frightening experience for me get this is not something i do usually. addressed public assemblies such as this but this commission and you in particular commissioner loftus, always been somewhat welcoming to speakers regardless of the perceived merits of what they say. i like to think you commissioner loftus and the other commissioners as well as well as you director hicks new chief chaplin are being appearing as open and being in fact as open as you are. thank you. >> thank you, sir. welcome. welcome and good evening >> is the last, mother, i just really did want to, say thank you >> you sell yourself short. that's not necessarily the case
8:27 am
>> i think you've done a great job as commission president i know i come here and i'm a critic but you've always let us speak and be very spectral and handle the job well i thank you for that because public service is not easy being with the public is not easy i just decided as i come to these meetings weekly and i read you were leaving. so it's a mixed bag it's our last. i'm sad but i wish you the best of luck with the sheriffs department thank you for everything and i want to say davis is one my habits and that's my neighborhood and i know work she has done that made it so much safer so i thank you for your heart and your commitment and doing everything you can to help keep our kids safe and to have this great university without objection and i know there's more stories like that but this is just a very special one so thank you i think i'll see chief chaplin but i want to say thank you for everything you've done that i don't think was easy in your position in the time you came on. i've seen changes in the culture and we still have a long way to go but i appreciate your hard work and i thank you, too. best of luck am sure will still be hearing about you. >> thank you >> your mom is great and i
8:28 am
burst my daughter all the time. >>[laughing] >> was that obviously? i thought i had a poker-faced thank you get any further public comment? items one-date. public comment is closed. sgt. next item >> item three presentation of the sfpd occ report general orders policy proposals sparks report quarter 2016 discussion. >> good evening welcome ms. marion and kevin connolly are you joining? welcome. >> good evening pres. loftus vp turman director hicks i'm so nervous because i'm sad.. i'm sad about what i feel like an evident here. chief chaplin members of the public, commissioners, i'm here to get the reports on the sparks
8:29 am
report which is a report that started back in 2006 and the good thing about it it's over 79 pages. another man to go feel like my gosh why's it so long. i think that one of the great things about it you can see what happened in the last 10 years when you look at 2014 until now you can see a lot of great progress especially around [inaudible] use of force, run cit especially for domestic violence, victims sexual assault victims. that way it's really fabulous document. i'm here to us to talk what third-quarter 2016 and actually old news. the apartment and her agency we worked to ring forward the use of force. we worked hard on cit. those things came to fruition in the fourth quarter and you heard a lot about that in december. another thing that her agency did and we do this every month is we work with-we
8:30 am
have language access working groups so we meet every month to really resolve language access issues specifically around domestic violence and also run sexual assault one thing we've done in this last year and it's truly a testament about the way in which collaborative reform has been championed with this commission is not only to eight meet once a month for the language access working group to reach out to the dist. atty.'s office to the head of their domestic violence units. i'm working with the sexual-the special victims unit as well as in the department on the status of women in adult probation so we give really look at what are some of the gaps when we look at domestic violence prosecution and investigations and are they a way to enhance those investing for several months we could together really what i hope is a robust if they come friends of domestic violence department bulletin that had the input of community stakeholders as was all these other divisions or departments so we can really
8:31 am
fill in those gaps. so that is something we worked on for quite some time and right now the department is reviewing it and her hope is it will be released soon. so there really concludes by presentation. thank you so much get thank you pres. loftus again it is our loss. it's with great sadness to see you go. the sheriff mark they are lucky. i hope we've got lots of opportunities to collaborate in the future and thank you to the commission for really supporting elaboration and supporting all these projects. >> thank you. thank you so much. thank you for all your partnership and work. capt. connolly >> thank you pres. loftus commissioners. just very brief overview third-quarter. there were two department general orders actually issued in the quarter. one was the social media policy and the other crisis intervention team general orders and was additional water worked on use of force obviously which is probably been the longest of the fork and then we are also working on transgender policy which is looking at different definitions and making our policy more relevant and important. the party brought in
8:32 am
experts to develop a baseline a policy and it's going to concurrent process. in addition to those general orders, their 25 priority bulletins. a priority bulletins are are designed to either supplement or care five policy either that exists in general orders were stand-alone amendment to those general orders so the 25 some of the significant ones were always lead body one cameras which supplemented the new general order and we wanted to principles to consider regarding the use and application of force. again with the implementation of departmental 5.01, it took and incorporated the language from those portions that were issued in the third quarter. were 17 the rival parties and seven c for a total of 49 total. so you will hear additional reporting for fourth-quarter [inaudible] and department of justice
8:33 am
recordation is to essentially evaluate the process by which general orders are created and we are looking to streamline that. that's what the commissioners recognition that we are working with a project manager. >> thank you and colleagues by way of the newer members, the sparks report on the consent calendar we get this large spreadsheet that had where everything was. the purpose and nothing we have done in the collaborative process debbie occ department and present with her neatly working with diaries arc is the opportunity the commission to weigh in on areas that are policy priorities for the commission and make sure were on the same page we been pretty clear with body cameras use of force cit. the that that agenda very clear i think that's what got them resulted as you all look at the next stage the sparks report and this collaboration is really a wonderful way to ensure all the priorities are moving forward. is this you commissioner dejesus or vp turman
8:34 am
>> yes. i have question about the transgender policy that we are currently in the process -capt. connolly mentioned some subject matter experts. i assume that one of those is the human rights organization commission >> the man writes teresa parks. yes. we brought teresa parks in. >> [inaudible] have you also consulted with transgender law center as well? >> yes. we have internal and external stakeholders were involved in the process and as it moves through concurrence there may be changes to the wording. it was mostly defined for to bring clarity to the
8:35 am
current definitions and make policy more expensive. >> in our packet is the general the rules of conduct trip is that in connection with this particular report or is that something we were given just to review? >> i don't believe it is my general pocket general order 2.01 >> okay. thank you very much >> thank you anything further, colleagues? sgt. next item >> we need public comment >> is the public, on the sparks report queen. public comment is closed. next item the item 2 approval of the words committee recognition action spews is a great commissioner mazzucco for this item or vice president turman >> i am ready to proceed he was okay vice president turman >> last week we have specific questions posed the week before
8:36 am
by commissioner dejesus about individuals that are were on the list. since that time we've had a thorough review of the list and asked commissioner mazzucco to take charge of that review and i will let him since he is now here sgt. k shaw report on that. commissioner mazzucco >> yes. thank you vp turman. we did in abundance of caution we went through some of the words. i know we ratify the occ director one of the things want to ensure the public is that the officers receiving these words are not under a short disciplinary investigation related to the award were any other matter. so what we've done is an abundance of caution we reviewed what we have before us for the actual medals about which of the gold silver and bronze i can report back to after my meeting with our
8:37 am
police commission secretary sgt. phil show, our counsel, from the city attorney's office and deputy chief hector sinus, that these members are being recommended for these metals at our ceremony to not have any pending investigations related to at the occ level were the police department level for any misconduct whether it's misconduct that would remain at the chiefs level of misconduct that was brought to the commissioning so they are all clear and there's nothing in their files and indicate there is an issue. >> commissioner ong hing >> yes. as i recall last week when we were going over this and please correct me if my memory is incorrect. that was a question that sgt. joe shaw answered your the end of the presentation that were six individuals that happened was
8:38 am
something pending. did you review those six and are those six on this list were some people eliminated? >> i will say right now i can say we had a discussion in the be further just shouldn't this commission about what is quick to be up our official policy has to be codified. it but i can tell you on this list you're not one of those six areas of concern exist on this list of medals. the were some concern about people that were going through the process investigations with no findings were on the other list for police commission commendation. which are not given out at our medal of valor sermon only the metals. none of those six are on this list it nobody was illuminated from this list. those six remain on the very large extremely large list of those were recommended for police commission commendations. we will be considering that tonight. >> thank you >> anything further on this
8:39 am
matter? okay commissioner dejesus question? >> yes. i was not here last year i did try to watch on tv i could not find you guys. they were not as big a hit as we think we are >> we are mostly watch on wednesday nights. at 5:30 pm. channel 26. >> my question is here two weeks ago when i was here i asked i think if anyone had any civil cases pending and i think internal affairs were occ and i guess involved in a navy officer involved shootings in which we been embroiled in the last year. 18 months. i don't know if you look at it? >> mr. barrow would you like to respond to that?
8:40 am
>> so there's a couple of issues being brought up one is that right. the general orders for the department words to not specifically spell out exactly terms of discipline those areas of concern that are being brought up now. so my advice to the commission is to do a resolution to set the criteria, revise the dg out that moving forward we know exactly what the criteria is because it's not set out in dj oh. so that way it's codified and completely clear that it's within the commission's discretion to decide what the criteria is. we get into a sticky situation when we are talking about police officer personnel records because the commission itself doesn't have better access to them as we have to be mindful of that. so under that guise my advice is to revise the dj oh and put? clear criteria what you want to the interactive department to do the backing. that way the department will make it accountable department
8:41 am
accountable to make sure those areas of concern are truly vetted. >> that's exactly what we discussed during our conference with counsel and i would ask the question because i was concerned about myself learning about departmental investigations because we set for members of the bug we sit and apartheid judicial publicity capacity as commissioned it would be like a judge prehearing a case but still at the level of the district attorney's office with their deciding whether or not to prosecute. so but i want to-we do need to address this issue is that criteria that it's very important that i want to go all the matters of public and everybody here today, this list in front of you tonight by one of these officers is anything open or pending anywhere. so we do not have to get into that issue. all perfectly pure. >> i the question for city attorney it is a resolution on the books and it's either hector but sold the resolution
8:42 am
of your present either the valor owner they have to check and look for intel us about. i've seen it in the newspaper when angela brought up that brought that all resolution out. >> okay. i did ask the commission to provide me with all the information and that was not presented to us. so i can go back and double check with the commission. >> okay. anything further on before i invite a motion? is there a motion >> i move approval of the words >> >> second. b was public comment on this matter >> >> thank you i don't have a motion opinion on a motion is uploaded worker. support for the commission understand appreciate the worst of apartheid judicial but actually managerial function. while i respect the city attorney's office, [inaudible] means you have to read keep the records confidential. you do not have less power as the police of
8:43 am
cheap guns as manager of the common devices records as was her cat confident i much say you should as part of hospitals born to recognize this i get you're not a judge you're not a jerk. were using this process to administer administrative discipline in the exact same way the chief of police does the chief of police for 0-10 days suspension obviously has access to an officer's entire file get important things you remain impartial not prejudge the fax. that's the important thing for this rate of discipline role with this idea that somehow this is like a judge or criminal court could come accord is gone reasonable doubt it is sending some major prison that is not this. this is administrative discipline by a preponderance of the evidence to make a decision to the officer get a few days off and worse case scenario, termination and hope that you go forward and think about your role you keep that in mind and ask the question if we are performing the same function that the chief of police is exact same in the charter, why you would have less authority in that position is. thank you >> i need to make a comment
8:44 am
desirable is not the same as the chief of police good it's a few days off we went up to getting it. you make decisions up until more than 10 days until termination we also sent as a body where we review where we hold hearings, here witness statements, review evidence and then come back as a commission to make a final decision. so i do agree that it's not quote unquote does a mr. dish but is not the same role as the chief of police is. >> okay. any further public comment on this matter? hearing none, public comment is closed. we have a motion any discussion, colleagues? hearing none, hadn't did you have any discussion you know after >> okay. let's go ahead and sgt. speed please take roll call >> on a motion to accept the approval of the awards committee recommendation loftus aye turman aye marshall aye
8:45 am
dejesus aye mazzucco aye ong hing aye. the motion passes 6-0. >> all right >> madame president i could ask you to consider an additional motion that i would've to make. >> yes. please >> i making this motion after motion we just made because i want to ensure that the officer got the award that the command has recommended him for. but i'm going to at this point take the rare step asking this commission to look at the award the command staff made here facts and information and
8:46 am
actually awarded the officer a higher level of award than what the captain and the command staff asked for. i believe that this specific officer-my not supposed to mention the name, do you know queen >> >> no. you have to >> i believe ofc. rinaldo a lamonte should not just received a silver award. a silver medal about what he should be awarded the gold medal of valor and to help make that case i'm asking his captain , four commission secretary, now capt. tim fawlty to step forward and present that information to the commission. he is procedurally all second the motion. >> thank you, bill. >> welcome >> good evening commissioners.
8:47 am
i am capt. tim-of your san francisco police department engrave the commanding officer of the tackle company. very privileged to share this information with you about the actions taken by one of my officers officer arnoldo almond. if you like commission all just go over the facts of the case of the present of them that day please can do. spews out take this out every second 2016 interviewer called the time the city is in the midst of celebrating super bowl l activities in the buildup to the game in santa clara that we can get officer all lamonte was part of the citywide unity which of the bomb squad sponsor. was out working with his dog, ringo would been certified as a bomb detection canine. that's kind of a significant distinction as you will hear later in this telling of what happened. as officer almond was in control apartment
8:48 am
of emergency management dispatches broadcast that a chp officer had been severely wooded by a knife wielding suspect that the highway 80 on-ramp at essex street. the upside suffered a life-threatening injury. the officer's throat was cut by the suspect. while he was trying to detain him. ofc. aleman respond to the area to look for the suspect we pulled up that the corner of fourth and brandon he saw a person we thought looked like most of the suspect's description. based on his training he knew, sometimes criminals will discard clothing items as they are fleeing and this person had just dropped a backpack and taken his shirt off but when officer almond looked at him the person stared at him intently and he felt at that moment this is probably the guy. he pulled his car over a notice the person didn't rate his stance just of there and
8:49 am
started officer on delete open the door which point the suspect turns went into the wells fargo bank at the corner. ofc. aleman was concerned he that the bank may be crowded and he thinks to himself that the suspect would just try to kill a police other is going to acquire bank it to go after him right away did he do not dispatches dog because the dog was not certified for patrol. he left the dog in the car the radio dispatch and told him going to the bank i have a think i have a suspect. as he walked to the doors of the bank the people in the bank draws standing pointing at the back door beating to the parking lot at the south came in and based on his behavior when he fled they knew the officer that is who he was looking for the officer on the month pursued him out into the back parking lot of the bank it now in his mind he knows he believes that suspect just cut the throat of it also may still be on. so he pulled out his department pistol pointed it at the person and ordered them to the ground.
8:50 am
the whole time he's looking at the suspect tried to see if there's a weapon on him. he doesn't see a weapon in the suspect's hands but he sees the suspect hands are covered in dried blood. so he knows he's with the right person this person is tried to kill a police officer is not listening to his verbal commands. at this moment practices de-escalation. he sees there's no weapon in the person painted leaves the person may have the weapon but since it's on as he also*takes out his baton continues to get verbal commands ordering the person to get on the ground both i'm trying to create time and distance until backup can arrive to assist him and taken the suspect into custody. it's at this point ways that his baton out the suspect started dancing on the officer. try to come at him. officer almond continues to get verbal commands backing first to strike the person with his baton.. he backs up again. the person continues to advance on officer all lamonte then took his baton and struck him twice in the legs try to slow his event. i know that at this moment the suspect bunches
8:51 am
forward and grabs officer on woman's ire arm with both hands and tries to whip it out of the holster. so now he stand there by himself in a parking lot fighting a person just tried to kill a police officer worried that he still has a knife with him if you look at it seems he's got the presence of mind to sit there and give verbal commands you striking without trying to get him off and as the guy grabs his gun just to stop hitting the baton grabs his gun and uses some of the techniques economy teaches on retaining your firearm. so he got the guys got the firearm with both hands pulling on its. he continues to try to ds could you try to break on you try to push the guy often to can refer back to get there is not given the opportunity. the suspect then comes up and grabs officer
8:52 am
all lamonte tries to go for his throat and tries to apply agile cold to him. officer on the month sensing this with the suspect is try to drops his weight down and is able to get out of the grip much of the suspect back, takes his baton out still not seen the weapon and at this time he's able to grab the suspect by his shirt collar and bring them to the ground as other officers respond and assist officer almond and taken into custody. one of the officers who responded to the scene said it was an incredible sight by something of a martial arts movie officer almond strike in the suspect with the baton seemingly with no affect the suspect continued to actively pursue ofc. aleman. coming at him with all he had. he said officer almond was vigorously defend himself not backing down and giving it his all as if in a fight for his light. we taken the suspect into custody this officer was a witness officer, saw the open knife in the back
8:53 am
pocket of the suspect readily usable as a stabbing implements. he grabbed it and threw from the pockets of the suspect cannot reach it during the continued strike one of the sergeants who responded the scene said he was concerned after the long period of dead air the officer had not come up on the year. he was a yet to the bank is one of the first backup officers to get. he said people were frantically pointing to the back of the bank to the parking lot because they could see what was going on out there. he witnessed the subtype byway yanking officer almond also despite being struck with force but the baton was obvious officer was in great danger was defend himself the intensive determination. it took several officer to the subject on the ground the actively fought them until he was finally restrained in handcuffs. officer almond them straight a high school the situational awareness strange and bravery in this incident. he knew was dealing with someone who just try to kill a police officer. he believed firmly and listened that the suspect was still on without it was readily use. and pretty continued to try to take the person into custody so long as he do not see the thread of the night in the suspect hands at
8:54 am
that time. the suspense of options he anticipated the different things he could do it is like try to pull him around the neck until menu how to get out of holdings into subsequent to bring the suspect to the ground he get his my focus will simultaneously utilizing weapon retention skills [inaudible] it was for his activity that date the we've nominated officer almond premedical about. >> thank you, capt. he was denied when nothing of his commander of investigations at the time. responded directly to that scene. the people at the bank said it was incredible to see this officer do what he did. babes can assure them he was going to have tissue but he made a bunch of decisions that quite friendly in the same situation i don't know if other officers would've made the same determination. he just at every step of the way he was controlled in everything he did and properly and everything he did and the number of people
8:55 am
that came up and said they were really afraid that this officer was going to get seriously injured or killed was amazing to me and he showed a lot of debris in the situation and is definitely to be commended. >> so i want this commission to hear no one to reemphasize some things that both are chief and captain--said. and emphasize themselves. officer almond holstered his gun. he created time and distance. he used verbal commands. and when that-when he did not respond to verbal commands, he did not reach for his gun. he backed up. he continued to try to engage in the person until other officers arrived. >>[cough] the suspect was still armed with his knife. and all this time whether in the
8:56 am
chokehold or wrestling or in immediate contact, officer all lamonte could have used his gun and whether or not we want to argue from a policy standpoint whether that was appropriate, that could've happens. but this officer did the things we wanted officers to do. he used his training. he used common sense. and he used the kind of critical thinking that this commission expects from officers. that kind of behavior in such a situation i have to respectfully disagree with the command staff and say it deserves a gold medal. i have made the motion and commissioner ong hing has seconded.
8:57 am
>> thank you, capt. in terms of some perspective on this for the newer commissioners, it's a very storied tradition of the command department and the command staff and the capt. to decide what level of award someone gets for their bravery. so i really want to thank you vp turman that our role in this is to approve it and take the rare opportunity to really-it is superseding our judgment the judgment of the captains and the command staff and i think that we do that very spirit and the vp turman i think you made a number incredible points it is incredibly brave officer. and that's ultimately what a gold medal of valor is is about. his life was clearly in jeopardy and he did absolutely everything he could to preserve the sanctity of life for everyone involved. i just want to acknowledge this is not an easy thing to do. finished ordinary measure the commission
8:58 am
would take and i believe that this officer certainly is more than do this on her. colleagues, anyone else before we take a vote? commissioner mazzucco >> commissioner turman was present during the presentation there's always a commissioner present and most of us have not always done that before, it's a vote that's taken by the entire command staff and every civil service rank capt. i don't know how many people in the room that day but was the mass that you, the folks were in the room that date? >> a lot. most were captains whether get some of our i don't know the exact count >> 37 is the exact count it for members of the public if the system been in place for a long time. the captains seek a revote by putting a marble in the toolbox and the color of the marble is gold silver or bronze were black for police commission in addition it is a
8:59 am
majority of marbles to get to a gold and sometimes it's really close. it's very close. the different opinions. but i was different to the capt. chief and to the commissioners present you this is not unprecedented we did it once before. appears back for officers who also used great restraint and did not fire and not only i warmly support this changing of this metal to a gold and i do respect the command staff and the voters could i do know how close was by much was probably pretty close. >> okay. anything further, colleagues? so it got a motion on the floor. if we take a vote is there any public comment on this matter? hearing none, public comment is closed. sgt. please take roll call zoo on the motion to upgrade officer on although all the month award from the silver to gold medal of valor commissioner loftus aye turman aye marshall aye
9:00 am
dejesus aye mazzucco aye ong hing aye. the motion passes 6-0 >> great thank you vp turman thank you everyone at congratulations while the awardees could look forward to having doing a when the ceremony is >> yes. it separate 15th of this year. at the scottish auditorium on 19th and sloan. begin at 6 pm all are invited. >> great did thank you for that. sgt. speed next >> item 4 election of commissioned officers action. >> so are rules but was was to do elections in may. we are we miss that deadline about every year. so we have an election in january i way of just i think
9:01 am
the driver started i was elected in september. it took a few estimates it was elected in september and i think was reelected in may and then the last may we decided to suspend our elections during the with everything going on with the hope we could get through to now. so for a number of reasons i think this election would proceeded and wait with my departure but is more than time to do this. so with that i would just like to say this. vp turman has been the vice president of this commission under then-president mazzucco is been the vice president while i have been president and i think he has been an extraordinary leader. done a tremendous amount of work and an incredible partner to me as president and i believe very
9:02 am
strongly that he would be an next-door mary candidate to be president and i know that so my suggestion would be that we talk about a nomination for vp turman as president of this commission. >> i second the nomination >> i will make a motion that vice president to his turman be nominated to be the next president of the san francisco police commission the great discussion point we have a motion and a second. discussion? way you do it? >>[laughing] you get $42. you get an extra zero dollars every two weeks. >> it would might be my honor to follow you to the presidency and to work with such passionate and committed
9:03 am
commissioners to continue the reforms and the still great amount of work to do. >> okay. any further discussion on this colleagues? hearing none, sgt. please take roll call noted at that public comment. the city attorney. public comment on this matter? hearing none, public comment is closed. sgt. please take roll call >> on a motion to take vp turman to become president loftus aye turman-pasts. marshall aye dejesus aye mazzucco aye ong hing aye back
9:04 am
to commissioner turman aye the was i just want to make sure everyone is okay >> motion passes 6-0. >> congratulations. congratulations. >>[applause] >> i do want to say it would be my pleasure to serve. to follow suzy loftus footsteps. we will be doing things probably differently because i'm a very different person but there are some things that remained the same good i know your names ms. bryant. i know who operate is and i know the phone number to the tip line. mr. jones you are welcome. you're always the welcome it and so all public comments here.
9:05 am
this commission has become a very important part of my life am honored to serve it because it serves the city that i live in and love. so thank you for this opportunity. also very rare a [inaudible] >> now in terms of his or president in terms of vice president obviously we also need to elect a vice president. i would invite a motion for a nominee for vice president. >> i nominate thomas mazzucco to be vice president. we will need his guiding hand >> i will second that. the okay discussion? discussion of the nomination for thomas mazzucco to be vice president of the police commission? i
9:06 am
think it's great. tip you've been wonderful in a consistent voice and are you going to do it? >> i am >> there we go let's go at we got a motion and submit any further discussion, colleagues? public comment any public comment on this matter? hearing none, public comment is closed. sgt. please take roll call >> on a motion to nominate commissioner thomas mazzucco to serve as vp of the commission loftus aye turman aye marshall aye dejesus aye mazzucco-i will pass ong hing aye mazzucco aye. the motion passes 6-0. >> all right. >>[applause]
9:07 am
>> congratulations to both of you. the commission is in good hands. please call the item >> item 5 general public comment. the public is now welcome to address the commission regarding items that do not appear on tonight's agenda but are within the subject matter jurisdiction of the commission. during public comment either police or occ personnel were commissioners are required to respond to questions presented by the public but may provide a brief response. individual commissioners and police and occ personnel should refrain however from entering into any debate or discussion with speakers during public comment. please limit your comments to 2 min. >> congratulations my condolences to new officer. either way. whatever is appropriate. two quick things.
9:08 am
but something i think is on a lot of people's market nationally but also in san francisco that's donald trump. i think this commission needs to keep in mind its responsibility for the san francisco police department to continue to operate consistent with our values and our laws. not that optimistic the realities, policing is being pushed nationally not to stop and frisk not just law and order. his people out there saying he quit in trying to reform police department so that's anti-police. saying that the conversational 20% three policing some house what motivates attacks on police. that cannot be sustained and unfortunately in san francisco that the same language the poa is used. there have a political consultant i don't have an ad budget but i do have a microphone so i'm going to say that there was a shooting unfortunately officer involved shooting last week in the poa -arnold paul-i know he is outside poa in the wake of other students the past is treated we need to way to all
9:09 am
the facts, and then criticize public officials supervisor jen and in particular speak out before this investigation before the end of the day they were out there judging this case. and spinning it for their crass political purposes. it's unfortunately standard operating procedure and consistent with frankly donald trump could tell a lie or and again maybe people will believe it's a challenge for the press the fax have to get out. they said that in this incident that something about skittles officer had no choice but to shoot. maybe they didn't indicated that has not been an investigation yet that's the same thing they have insane shooting after shooting in recent years. they said after mariowoods [inaudible] rather
9:10 am
than run a political answer the meet informed by their perspective. rather than spending the public and spinning the present budget provid us the time we need to unite. thank you >> thank you. next speaker. no further public comment hearing none, public comment is closed. please call the next next item >> item 6 public comment on all matters pertaining to item 8 >> any public comment on this matter queen hearing none, public comment is closed. next item >> item 7 vote to whether to hold item 8 and closed session including vote on whether to assert the attorney-client privilege ministry of code 67.10 action he was five eight motion to old items in closed session? all those in favor say, aye. >>[chorus of ayes] th
9:11 am
9:12 am
9:13 am
9:14 am
9:15 am
9:16 am
9:17 am
9:18 am
9:19 am
9:20 am
9:21 am
9:22 am
9:23 am
9:24 am
9:25 am
9:26 am
9:27 am
9:28 am
9:29 am
9:30 am
9:31 am
>> city of san francisco >> government audits and oversight committee >> >> please stand by... >>
9:32 am
9:33 am
9:34 am
9:35 am
9:36 am
9:37 am
>>
9:38 am
9:39 am
>> good morning. i realize everyone is waiting. we are expecting copies of the subpoena documents before i gavel down. so that is the explanation for our slight delay.
9:40 am
9:41 am
9:42 am
9:43 am
9:44 am
>>supervisor jane kim: good morning and welcome to the february 2, 2017, meeting of government did it and oversight committee. we have >>supervisor aaron peskin: and >>supervisor london breed:. i would like to recognize leo daisies and from sfgovtv.org. they provide transcripts to the public. madam chair, would you like to make any announcements?
9:45 am
>> yes, please silence all cell phones and any copies of your speech should be submitted to the clerk. thank you, madam clerk. i have acknowledged all in today's meeting. please call item 1. >>clerk: hearing on existing building standards in seismic safety zones, including infill and waterfront neighborhoods; and requesting the department of building inspection to report . >>supervisor jane kim: thank you, this item is to continue to discuss the structural safety concerns at 301 mission street. will for clarification purposes, today's hearing is related to file no. 161299, a motion passed by the board to issue a subpoena for professor jack moiler. a structural engineer who designed the 301 mission as a third party in 2006.
9:46 am
i understand that madam clerk. supervisor peskin would you like to make a comment. >>supervisor aaron peskin: this is a series of hearings not only with regard to 301 but the issue of large buildings and safety standards particularly in the downtown core where we have a lot of party that are bay lands. i am very pleased that professor maile has joined us today and we have a number of questions that we are seeking to ask him in his role as one of the peer reviewers as well as the peer
9:47 am
reviewer of a similar project that was not built at 80 natoma which was the issue of this body. after the oath is administered i have questions that are meant to be friendly. we are trying to figure out the bottom of this as to who knew what and when. >> thank you. we'll bring up the clerk of the board to administer the oath. >> mr. maile, please stand at the podium. prepare by raising your right hand and say i do when i finish the oath. >> you do solemnly state that the testimony you are giving
9:48 am
here in the city of san francisco shall be the truth and nothing but the truth. >> i do. >> >>supervisor jane kim: >>supervisor aaron peskin: let me say that professor maile is in the highest regard and i know director tom speaks highly of mr. maile and have heard from others in the industry that mr. maile is highly regarded. i want to start with an introduction. if you would give us a little bit of your background as to your qualifications and educational experience, awards, just a a little bit of your bona fided. >> sure. my name is jack maile. my main position as a structural
9:49 am
engineer at university in california. i am interested not only in teaching and research but development issues and divine guidance and as a consequence of that have been involved in developing some design guidelines that are affirm widely used in tall buildings today. i served on several panels related to tall buildings in this city as well as other cities. i'm currently the chair of the american constitute building code committee which involves the national standards for buildings of all reinforced concrete. as to awards, i don't want to go on too long about things. but locally i have been
9:50 am
involved with the structural engineers association of northern california where i was designated some years ago as an honorary member. i'm also affiliated of course with the statewide structural engineer's association where i was elected to category of fellow. and i'm a member of the national academy of engineering. >> and a license state structural engineer? >> i'm a licensed state civil engineer. the structural engineer license is one that requires and additional examination and qualifying years of structural engineering practice under a registered and structural engineer. because i'm a professor at uc berkeley, i don't qualify for that examination. i never took that exam. >> thank you for your background. as you indicated you have
9:51 am
been a peer reviewer in san francisco and other locals. and at a certain point prior to the 301 mission project which of course is the subject of great interest and concern in so far as it is undeniably not performing as to the specifications that were setforth, but prior to the 301 mission street project, you were a peer reviewer on the 80 natoma project. i wanted to as start with a little bit of background for our edification. how does a peer review work, where is the client, where does the product go and what is your responsibility. if you want to give us your gala of the peer review.
9:52 am
>> because peer review has developed over the years and formalized in ab 282 and ab 083 in the city and county of san francisco. >> our administrative bull tins from the department of buildings inspection. >> going back to 80 natoma and the mission project that was pretty early in the development of formal base design for tall buildings. when i say performance based design, what i mean is that the design involves the structural system or a kind of material or a new configuration of the materials that is different from what is prescribed in the building code. so the design in such a case is done by a more advanced
9:53 am
structural analysis in foundation analysis sometimes for the building. and the we can go back to the example of this building which is today which is one of the earliest in san francisco which the design or the redesign and retrofit of this building is seismic isolate ors. those kind of developments were covered by the building code but not in depth that enabled the building department to conduct a review without outside expertise. the same applies to the powers going back to 80 natoma not including 301 mission, but many other high rise towers are being
9:54 am
performed by this design procedure in which the analysis are outside the prescribed methods of the building code. the city typically will bring in a seismic peer review panel. the panel usually has a scope of work that is restricted to seismic design because that's where the main difference with the prescriptive code revisions lies. it at times will also include design for wind because of the similarities between wind force and seismic force in terms of what systems are resisting those actions. but the scope is usually a seismic scope. and in current practice, the peer reviews are generally structured with a chairperson. the chairperson i think is required in this city to be
9:55 am
practicing and registered structural engineer. there is typically a geotechnical engineer or engineer with seismology background who is skilled in issues related to the foundation design. geotechnical parameters, earthquake ground motion. and then there is generally an academic who is brought in. the academic is not so much to bring an academic perspective, but to bring to bear the specialized knowledge that might be required to understand the design of a particular building. so, i might be brought in as an academic reviewer or as a reviewer are academic background as my related expertise in concrete construction. in steel, someone might be
9:56 am
brought in with a structural steel kind of background. and the review is is in the city and county of san francisco. let's step back, you had many questions in your question. one of the questions was how is the peer review panel assembled. it's been done in various ways. i have never been part of the assembly process. i think in the past there is very often been discussions among the building department, the structural engineer of record and perhaps the developer. and i think such discussions are not inappropriate. i think they are appropriate because the structural engineer of record has the best knowledge of going into the project of what are the special conditions that have to be addressed in this peer review. and also the peer reviewers and the structural engineer of record
9:57 am
have to work extensively over a period of 6-12 months typically in the review process. so it's good that they have some rapport in doing the work. but eventually the city makes the final decision. the building department makes the decision who the reviewers should be. each of the reviewers are contacted. do you have time available and do you have time to spend on this activity and do you have a related context to this project. that is the more recent question. in this city, the practice has been that the individual peer reviewers write a proposal to the developer, and the developer in some cases will take that proposal and simply sign it and date it and say approved. in other cases, depending on the corporate
9:58 am
structure of the developer, they may have attorneys that rewrite everything and it coming back in some different form. so the process varies. but, i think invariably in the past, the contract has been between the individual peer reviewers and the developer. the responsibility for working is between generally it's between the peer reviewers and the engineer of record and commonly involve the representative of the department of building and safety in san francisco to review various details. we go through what a typical review entails. but invariably each project has special conditions that the peer reviewers have the skills
9:59 am
identified to ask questions to identify modifications, to check spot some of the details the engineer is proposing and make changes in the design because the design isn't suitable for the performance intent. the performance responsibility is a very serious one. i know i take it very seriously. and the reporting is strictly to the department of building department of san francisco. all responsibilities for writing letters for reporting go to the representative of the building department. it's really a safety first kind of mentality. although the developer maybe paying compensated for the time spent and a lot of the work is
10:00 am
between the peer review panel and the structural engineer of record. the responsibility is really the city of san francisco. the reporting is done there and that's where my allegiance has always been except when the developer decides to take his or her independent in-house peer review and the report goes back to the developer. >> in the case of 80 natoma, what was the relationship? >> with 80 natoma, it was one of the first of the high rise performance based designs to come into this city that utilized what we would call a hoer only, all the seismic resis