OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Police Commission Meeting: APEC Briefing and Consent Calendar - November 8, 2023

Police Commission — Wednesday, November 8, 2023
BodySan Francisco, California
SessionPolice Commission
DateWednesday, November 8, 2023
StatusFILED
Video Record
Meeting Thumbnail
⇩ GET FROM SOURCE

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:00

Thank you.

0:00

The Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.

0:11

Vice President Carter Overstone like to take roll.

0:14

Commissioner Walker.

0:16

Here.

0:17

Commissioner Benedicto.

0:18

Here.

0:19

Commissioner Yanyez.

0:20

Here.

0:20

Commissioner Byrne.

0:21

Here.

0:21

Commissioner Yee.

0:22

Here.

0:23

Vice President Carter Overstone, you have a quorum also with us tonight.

0:26

We have Assistant Chief Denise Flaherty for the San Francisco Police Department and Acting Executive Director Sarah Hawkins for the Department of Police Accountability.

0:41

General public comment.

0:42

At this time, the public is now welcome to address the Commission for up to two minutes on items that do not appear on tonight's agenda but are within the subject matter jurisdiction of the police commission.

0:50

Under police commission rules of order, during public comment, neither police nor DPA personnel or commissioners are required to respond to questions by the public, but may provide a brief response.

1:00

Alternatively, you may submit public comment in either of the following ways.

1:03

Email the Secretary of the Police Commission at SFPD.commission at sfgov.org.

1:08

Our written comments may be sent via U.S.

1:09

Postal Service to the public safety building located at 1245 Third Street, San Francisco, California, 94158.

1:16

If you would like to make public comment, please approach the podium.

1:25

Just some points from last meeting.

1:27

This commission is misusing or misunderstanding the studies about policing and drug overdoses.

1:32

Not to oversimplify, but the gist of the studies is that arrest causes a pause in the user's use, and that pause may affect the tolerance of the user, such that when the user is back out on the streets, their tolerance is now an unknown, and so for a variety of reasons, overdose could happen.

1:46

For the record, interruption of use could also lead to a path of recovery, and it often does.

1:51

Regardless, either one, overdose or recovery are consequences for which the user bears full responsibility.

1:57

This is not a policing issue.

1:59

The studies themselves are careful to warn readers not to confuse causation and correlation with the fundamentals of this complex problem.

2:05

I urge you all to review the concept of proximate cause, because some members of this commission erroneously believe that the SFPD is the proximate cause for every single ill that befalls drug users, dealers, and criminals.

2:17

This commission's reliance on and treatment of non-definitive studies highlights a fundamental issue this commission has.

2:42

Challenging you led Commissioner Carter Oberstone to state that there is a dangerous and unfortunate effort to use state public meeting laws to silence dissenting views on the Commission.

2:50

I urge this Commission to educate itself on the First Amendment and for whom it affords protection.

2:55

By definition, the public cannot silence you, the government.

2:58

However, I will get silenced by this commission after two minutes.

3:01

You have even taken steps to silence all potential remote commenters.

3:05

All we're doing is exercising our right and responsibility to hold you accountable.

3:09

And based on the way you misuse data and manipulate answers to your questions, I'm really glad we do that.

3:21

Good evening, Commissioners.

3:23

I am Naj Daniels.

3:24

I'm a representative of SCIU 1021, and I represent the 911 dispatchers.

3:29

I'm here to shed some light on what is a very uns what is very unsettling for me and my members.

3:35

The Department of Police Accountability has been sending complaints from their office to the Department of Emergency Management with the intent for possible discipline of dispatchers.

3:45

The issue we have with this as it now stands is the process does not afford my members or the union due process.

3:52

As you are aware, the dispatchers are civilian staff and not privy to a 3303 hearing.

3:57

It also seems like an exhaustion of city resources.

4:01

We are hoping that you could look into this and provide all parties with clarity and a fair process for the civil servant employees this is affecting.

4:09

Thank you.

4:11

Um Chair, can I?

4:14

I just want to thank the 911 uh dispatchers.

4:18

I know how much stress you guys are on and all the calls that you you get on a daily base.

4:24

So thank to our um I guess 911's dispatchers and members.

4:30

Uh thank you for all the hardware.

4:32

I relay the message.

4:33

Thank you.

4:38

Good evening, members of the police commission.

4:40

I am a born and raised resident of San Francisco, growing up in the Richmond district and residing Glenn Park since 1989.

4:48

Um I'm aware of policing in other countries, particularly in Brazil, where I lived for five years, as well as in Mexico, where I've traveled extensively and for extended lengths of time.

5:00

Policing in other countries is often very corrupt and violent with little oversight, mainly due to poor pay and bad training, and private security is used by the wealthy.

Discussion Breakdown — Share of Meeting
Public Safety███████████████████████████████31%
Procedural███████████████████████████27%
Public Comment█████████████████████████25%
Police Oversight██████████████14%
Juvenile Justice███3%
Summary of Proceedings

Police Commission Meeting: APEC Briefing and Consent Calendar - November 8, 2023

The San Francisco Police Commission met on November 8, 2023, at 1:45 PM, with Vice President Carter Overstone presiding. The meeting included a Chief's report on crime trends and APEC preparations, a DPA Director's report on caseload, public comment on various issues, and a consent calendar approval. Item 6 (presentation on pursuit policy) was pulled from the agenda. The commission also entered closed session on an undisclosed matter.

Consent Calendar

  • The commission voted unanimously (5-0) to receive and file: SFPD's third quarter 2023 Audit of Electronic Communication Devices for Bias, SFPD's firearm discharge review board and in-custody death review board quarter three 2023, 2023 Department Award Certification, and SB 1421 and SB16 monthly reports.

Public Comments & Testimony

  • Speaker 1: Criticized the commission's interpretation of studies linking arrests to drug overdoses, stating the studies caution against confusing causation and correlation. Urged the commission to understand the First Amendment and public meeting laws.
  • Naj Daniels (SEIU 1021): Representing 911 dispatchers, expressed concern that the Department of Police Accountability is sending complaints to the Department of Emergency Management for possible discipline of dispatchers without affording due process, as civilians are not entitled to a 3303 hearing.
  • San Francisco resident (born and raised): Praised the SFPD as well-trained and conscientious but asserted that there is anti-police bias on the commission, referencing the summer 2020 defunding of $120 million and suggesting disparities in use of force may have causes outside the department.
  • Mother of homicide victim Aubrey Abracasa (murdered 2006): Pleaded for justice and closure for unsolved homicides, asking for consistent use of digital posters at district stations to help solve cases. She later reiterated this during public comment on the DPA report.
  • Alan Buradell: Expressed support for the first speaker and later during Chief's report public comment read from a DSA newsletter detailing planned protests during APEC, noting participation by sitting commissioners and supervisors.
  • Speaker during DPA report public comment: Asked how the public can determine how many DPA cases are initiated internally versus by the public. Directed to annual reports and offered to speak with an investigator.
  • No public comment on commission reports or closed session items.

Discussion Items

  • Chief’s Report (Chief Bill Scott):

    • Crime Statistics: Total part 1 crime down 7% (about 3,200 fewer crimes year-to-date). Violent crime up 3% (128 more incidents). Property crime down 8%. Homicides: 49 year-to-date (9% increase from 45), clearance rate 72% (expected to rise to 76% after recent arrests). Shootings down 6% (175 victims, 148 incidents).
    • Notable Incidents: Homicide on October 30 in Tenderloin (no arrest); road rage shooting on Halloween; home invasion on November 2 where suspects impersonated police, resulting in a traumatic brain injury; stunt driving event with 50 vehicles.
    • APEC Preparation: Approximately 600 SFPD officers assigned to APEC events; additional 50+ officers from 10 outside agencies (CHP, San Mateo County Sheriff, Brisbane PD, etc.) assisting with dignitary escorts and venue security. MOUs with outside agencies focus on reimbursement and operational roles; outside agencies follow their own policies and tactics. Mutual aid contingency plans with Alameda County Sheriff’s Office if needed. Security zones around Moscone Center and other venues, with local traffic allowed but checkpoints. Public can find updates at sf.gov/APEC-2023.
    • Commissioner Questions: Commissioner Carter Overstone asked about MOUs and whether they affect DGO 3.01 – Chief responded they are operational and do not rise to that level. Commissioner Byrne asked about coordination – Chief explained Secret Service is lead, SFPD coordinates local protests and First Amendment activity. Outside officers only work venues, not patrol.

  • DPA Director’s Report (Acting Executive Director Sarah Hawkins):

    • Caseload: 689 cases opened this year compared to 201 last year, representing an increase requiring at least two full-time investigators. 22 cases past 270-day mark (down from 23 last year), 317 pending (vs 245). 8 cases pending with commission, 88 with chief. 19 new cases in the past week.
    • Allegation Breakdown: 17% conduct unbecoming, 12% neglect of duty, 12% use of force.
    • No audit report this week; full misconduct audit expected in January. YouTube channel relaunched.
    • Commissioners noted the caseload increase and resource challenges.

  • Commission Reports:

    • Commissioner Yanyez: Attended juvenile probation commission hearing; reported anticipated passage of a resolution supporting a pre-booking diversion program with SFPD. DGO 7.01 (juvenile policy) open for public comment until December 13. Community policing plan updates posted on district websites.
    • Commissioner Benedicto: Also highlighted DGO 7.01, thanking community stakeholders. Attended Solutions Conference hosted by San Francisco Chronicle; 10 pilot programs presented, including a public safety proposal. Plans to have authors present to commission early next year.
    • Commissioner Byrne: Announced December 6 award ceremony (public should note no regular meeting that day).
    • Commissioner Walker: Thanked officers for response to neighborhood incidents; noted conference aligned with commission discussions on alternatives.

  • Item 6 (Presentation on Pursuit Policy) was pulled from the agenda.

  • Closed Session:

    • Public comment on closed session: none.
    • Motion to proceed to closed session (Item 9) passed unanimously (6-0).
    • After closed session, motion not to disclose any discussion passed unanimously.

Key Outcomes

  • Consent calendar approved unanimously.
  • Item 6 (Pursuit Policy presentation) removed from agenda.
  • Commission voted 6-0 to enter closed session and later voted unanimously not to disclose the closed session discussion.
  • No regular meeting on November 15, 2023.
  • Next regular meeting (December 6) replaced by award ceremony.

Meeting Transcript

Thank you. The Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. Vice President Carter Overstone like to take roll. Commissioner Walker. Here. Commissioner Benedicto. Here. Commissioner Yanyez. Here. Commissioner Byrne. Here. Commissioner Yee. Here. Vice President Carter Overstone, you have a quorum also with us tonight. We have Assistant Chief Denise Flaherty for the San Francisco Police Department and Acting Executive Director Sarah Hawkins for the Department of Police Accountability. General public comment. At this time, the public is now welcome to address the Commission for up to two minutes on items that do not appear on tonight's agenda but are within the subject matter jurisdiction of the police commission. Under police commission rules of order, during public comment, neither police nor DPA personnel or commissioners are required to respond to questions by the public, but may provide a brief response. Alternatively, you may submit public comment in either of the following ways. Email the Secretary of the Police Commission at SFPD.commission at sfgov.org. Our written comments may be sent via U.S. Postal Service to the public safety building located at 1245 Third Street, San Francisco, California, 94158. If you would like to make public comment, please approach the podium. Just some points from last meeting. This commission is misusing or misunderstanding the studies about policing and drug overdoses. Not to oversimplify, but the gist of the studies is that arrest causes a pause in the user's use, and that pause may affect the tolerance of the user, such that when the user is back out on the streets, their tolerance is now an unknown, and so for a variety of reasons, overdose could happen. For the record, interruption of use could also lead to a path of recovery, and it often does. Regardless, either one, overdose or recovery are consequences for which the user bears full responsibility. This is not a policing issue. The studies themselves are careful to warn readers not to confuse causation and correlation with the fundamentals of this complex problem. I urge you all to review the concept of proximate cause, because some members of this commission erroneously believe that the SFPD is the proximate cause for every single ill that befalls drug users, dealers, and criminals. This commission's reliance on and treatment of non-definitive studies highlights a fundamental issue this commission has. Challenging you led Commissioner Carter Oberstone to state that there is a dangerous and unfortunate effort to use state public meeting laws to silence dissenting views on the Commission. I urge this Commission to educate itself on the First Amendment and for whom it affords protection. By definition, the public cannot silence you, the government. However, I will get silenced by this commission after two minutes. You have even taken steps to silence all potential remote commenters. All we're doing is exercising our right and responsibility to hold you accountable. And based on the way you misuse data and manipulate answers to your questions, I'm really glad we do that. Good evening, Commissioners. I am Naj Daniels. I'm a representative of SCIU 1021, and I represent the 911 dispatchers. I'm here to shed some light on what is a very uns what is very unsettling for me and my members. The Department of Police Accountability has been sending complaints from their office to the Department of Emergency Management with the intent for possible discipline of dispatchers. The issue we have with this as it now stands is the process does not afford my members or the union due process. As you are aware, the dispatchers are civilian staff and not privy to a 3303 hearing. It also seems like an exhaustion of city resources. We are hoping that you could look into this and provide all parties with clarity and a fair process for the civil servant employees this is affecting. Thank you. Um Chair, can I?

SUMMARIZED BY OPENPUBLICA AI
TRANSCRIPT VIA PUBLIC VIDEO
openpublica.com