PRESENT:Commissioners Perry, Makras, Chan, Friday

OCTOBER 15, 2003CLOSED SESSION

The Police Commission of the City and County of San Francisco met in their chambers, Room 505-2, Thomas J. Cahill Hall of Justice, 850 Bryant Street, San Francisco, at 5:05 p.m., in Closed Session.

ABSENT:Commissioner Quaranta

PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

Chief of Police Alex Fagan

OCTOBER 15, 2003REGULAR MEETING

The Police Commission of the City and County of San Francisco met in their chambers, Room 551, Thomas J. Cahill Hall of Justice, 850 Bryant Street, San Francisco, at 5:55 p.m., in a Regular Meeting.

PRESENT:Commissioners Perry, Makras, Chan, Friday

ABSENT:Commissioner Quaranta

DISCUSSION AND VOTE TO ELECT WHETHER TO DISCLOSE ANY OR ALL DISCUSSION HELD IN CLOSED SESSION (SAN FRANCISCO ADMINISTRATIVE CODE SECTION 67.12(a))

Commissioner Chan made a motion to disclosed the action taken during Closed Session. Second by Commissioner Makras. Motion approved 4-0.

Commissioner Perry made the following statement:

“The Commission received an update today by Lt. Morris Tabak regarding the complaint against Chief Fagan by Sergeant Schiff, so that is what took place in this Closed Session.”

APPROVAL OF MINUTES FOR THE POLICE COMMISSION MEETING OF OCTOBER 1, 2003 AND OCTOBER 8, 2003

Commissioner Friday made a motion to approve the minutes of the Police Commission meetings of October 1, 2003 and October 8, 2003. Second by Commissioner Chan. Minutes approved 4-0.

POLICE COMMISSION ANNOUNCEMENTS

a. Motion of Calendaring of New Items

Commissioner Perry asked when is the next District Commission meeting. Lieutenant Edward Geeter, Secretary to the Police Commission, announced that next week’s Commission meeting will be held in the Central District at Jean Parker Elementary School, 840 Broadway.

CHIEF’S ANNOUNCEMENTS AND REVIEW OF RECENT DEPARTMENT EVENTS

Commissioner Perry asked to table this item until the end of the agenda.

OCC DIRECTOR’S REPORT RE: STAFFING AND BUDGET AND SUMMARY OF RECENT EVENTS

Mr. Kevin Allen, OCC Director, stated that a new procedure on accepting citizens complaints is being used and once completed, OCC should be able to send completed case to the Police Department at a more expedited time because both his office and the Police Department are concerned with the Government Code 3304 issues, which is the number one priority.

DISCUSSION AND POSSIBLE VOTE PURSUANT TO DEPARTMENT GENERAL ORDER 2.01(8) WHETHER TO PLACE A DISCUSSION ITEM CONCERNING THE DEPARTMENT’S PROMOTIONAL POLICY ON A FUTURE COMMISSION AGENDA

Commissioner Friday made a motion not to place on the Commission agenda an item concerning the Department’s promotional policy under General Order 2.01(8). Second by Commissioner Chan.

Commissioner Perry stated that she supports the motion of not holding a hearing because, after the Commission meeting last week, the Chief responded to the petition. All the items requested by the petitioners have been answered by the Chief’s report, and she sees no reason to have a hearing at this time. The motion was approved 4-0.

Commissioner Perry, thereafter, made the following statement:

“The Commission has determined that the issues raised by the petition have been answered by the Chief and there is no reason to have hearing at this time.”

Commissioner Perry then asked Deputy City Attorney Mariam Morley to send a letter to the petitioners explaining the rules.

CHIEF’S ANNOUNCEMENTS AND REVIEW OF RECENT DEPARTMENT EVENTS

Chief Fagan introduced Captain T. Hettrich from the Narcotics Division. Captain Hettrich spoke on two recent narcotic investigations and arrests. Today, two narcotics investigating officers received information that narcotics was to be delivered in the Western Addition. Surveillance follow up and two search warrants were obtained. One for a resident in the city and another for a resident in Richmond, California. The search warrants produced 10 ounces of heroin and $22,000 in U.S. currency from a burnt down resident in Richmond. In San Francisco, they recovered cocaine and heroin in a flashlight carried by the arrested subject. Captain Hettrich stated that his officers are seeing drug dealers coming from other cities to sell their drugs in our City. Captain Hettrich then introduced narcotics officer Lou Barberini to speak on a narcotic case in the Tenderloin District.

Officer Barberini reported on the investigation and arrest of a female drug dealer in the Tenderloin District. This suspect, who lived in the Ingleside District, would drive to the Tenderloin, hide her drugs at Bush and Taylor Streets, drive to the Tenderloin and sell her drugs. Upon her arrest, officers recovered 79 bindles of cocaine and over $38,000 in cash.

Captain Chignell, Investigations, spoke on the issue of Department Transfer policy. He stated that for the past 25 years the Department had a very ridged transfer policy based strictly on seniority. The Department have come to the conclusion that some changes must be made. So, under the leadership of Chief Fagan, Deputy Chief Bruce, Captain Ashe, and himself, have had meet and confer session with the POA on the transfer policy. The results of these meetings are for inspectors to be assigned to the Homicide Unit, as follows:

1. Specific training components must be completed before being assigned to the Homicide Unit.

2. There will be an interview panel of senior management personnel to interview the top five candidates for the unit.

3. An assessment of the inspector’s previous performance.

It is the hope that this will be the prototype for other changes the department is working on.

PUBLIC COMMENTS

Ms. Malaika Parker, Bay Area Police Watch, spoke regarding the incident which occurred at Thurgood Marshall School where alleged police misconduct took place. She asked for a public hearing in regards to this matter.

Ms. Mesha Irizarry, Idriss Stelly Foundation, spoke regarding the Thurgood Marshall School incident and asked for a meeting on this issue.

Mark Schlosberg, ACLU, spoke regarding the Thurgood Marshall School incident and asked for a public hearing on the incident.

Sue Maliky spoke on the issue of Thurgood Marshall School.

Sandra Cooper, Idriss Stelly Foundation, spoke regarding the Thurgood Marshall School incident and asked for a public hearing.

H. Byress, Youth Commission, spoke on the issue of police brutality.

Jessie Fernandez, Book not Bars, spoke regarding police brutality that allegedly occurred at Thurgood Marshall School last year.

Mr. Ho, Ella Baker Center, spoke regarding alleged police brutality.

Shannon, Bay Area Police Watch, asked for a community meeting regarding the Thurgood Marshall School incident.

Ms. Lee, a teacher in the SF Unified School District, asked that a hearing be held on this issue.

Ms. Kim Marcus, former teacher at Thurgood Marshall School, asked the Commission to give answers to the question of what happened.

A former student of Thurgood Marshall School spoke on the issue of police brutality.

Joe Rue, a teacher at Thurgood Marshall School, spoke on the issue of police brutality.

Heidi spoke on the issue of police corruption and police brutality.

Unidentified, Ingleside resident, commended Captain Dillon of Ingleside Station and the officers assigned for a job well done.

Commissioner Friday stated that he recognize that public comment is a time in this meeting set aside for just that and it’s not for dialogue but he wanted to say and to tell the people that, although some have pointed out that the Commission just sits here and don’t react, he wanted to point out that it’s absorbed and that some of the officers talked about are being investigated by the OCC and that everyone has due process.

Thereafter, the meeting was adjourned at 6:50 p.m.

______

Lieutenant Edward Geeter

Secretary

San Francisco Police Commission

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