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tv   BOS Full Board of Supervisors 10416  SFGTV  October 15, 2016 6:10pm-8:11pm PDT

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you read item 23. thank you. this meeting is adjourned. good night, everyone. >>[gavel] >>[adjournment] >> >> >>campos
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of aye farrell aye kim aye mar aye peskin aye tang aye weiner
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aye yee aye avalos aye there are 11 aye >> those items are finally passed unanimously. >>[gavel] >> clerk please call item number two >> item to ordinance authorizing the settlement by law food filed by jack a frazier against the city for approximate $5 million filed in october 20 820. 13 in san francisco superior court entitled with personal injury with a fighter truck >> supervisor avalos >> of the voting, no, i guess this. i've had many meetings with mr. fraser who be party to the settlement. i'm not urging anyone else to vote with me on that in any way. but based my conversations with mr. fraser it was expressed differing
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opinions about whether he should accept the settlement or not. i felt important to weigh in on what my vote of no just what is his attitude run the settlement itself. but i do believe that this is a settlement that is a big one and worth voting for. >> thank you. seeing no other names on the roster item number two speaker please call the please take roll call >> supervisor breed aye campos. the i cobbel cohen aye farrell aye kim aye mar aye peskin aye tang aye weiner aye yee aye avalos nay there are 10 aye's and one nay >> the ordinances finally passed >>[gavel]
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>> clerk can we please go to item number 18 >> item 18, he ordinance to amend the ministry to go to require the prevailing wages be paid for the driving of commercial vehicles and for the work loading or unloading materials goods or products for special events and shows on city property. he was rollcall vote >> item 18 speed read aye campos aye cohen aye farrell aye kim aye mar aye peskin aye tang aye weiner aye yee aye avalos aye there are 11 aye >> the ordinance is passed unanimously >>[gavel] >> next item, please >> item 19 is a ordinance
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leaving the computer processor, and for of administrative code for lease agreement between a more international and san francisco >> supervisor peskin >> thank you for this thing to continue to one week and it's minor say that a representative of the airport is here to answer a question. ms. kathy weidner. i believe last week when it was continued the airport commission was going to consider the item earlier today , not the waiver, but the lease. i believe it was going to get rid of the two one year options. i just wanted a status
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report on that from ms. weiner >> good afternoon president breed and members of the board kathy weidner without even international airport. this morning and more commission did vote unanimously to amend the proposed lease to remove the tube one year options to extend it i've copies of the resolution for the board and copies for the clerk. >> okay supervisor peskin >> with that, uncomfortable and want to through the president as my appreciation to the airport staff and commission for working with us on this matter. >> thank you. would you like us to review the amendment of first or would you like to move them? >> we don't have to mend the waiver. the waiver and release of two separate instruments so we don't have to make any changes in the i will deliver those items to the clerk for our records but will take ms. weidner at her word >> okay thanks. supervisor campos >> i appreciate the amendment that i think makes it better but i still have a problem with the fact that were waiting the competitive bid requirements. i think this should have gone out to bid up to our way, san francisco establishment to
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actually have the opportunity to compete and without a going through a competitive process there's no guarantee that we in fact are getting the best deal possible. all point of competitive bidding is to let the best deal prevail and that's not happening here. so i'll be voting, no. >> thank you supervisor campos supervisor cohen >> i, too, will be voting oh i believe in competitive bidding and we need to push the airport to do a competitive bid. they've done it before and regional to diverse communities get minority warned those misses as well as women-owned business but don't push them to do so they will not-they want not. as we see today a pilot program has been in existence for five years but i think that is a symptom of a problem sweetie to prioritize and send a message to the airport staff and to the commission and let them know the board of supervisors is interested in seeing competitive bids to go out. thank you
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>> thank you. supervisor kim >> this a slightly separate issue but the conversation about getting other small businesses and local businesses opportunity compete. rings up actually the recent process around come i believe you are van services that assess permits and i know that we've got some-we feel e-mails to our office complaining that sf drove after many many years this into in its contacts with some of our local small locally owned airport shuttle services that used to provide transportation services to sfo but no longer will be good i was hoping you could talk a little bit about that because i think this brings into the overall concern the board may have about the ability for mother locally owned businesses to provide services to sfo which of course a big business for any company. >> understood. supervisor kim
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through the chair, kathy weidner with the airport. this morning also at the airport commission there was a vote to reject an rfp process and reject all bids on a process that we were trying to do to consolidate some of our door-to-door vans that at the curbs in response to the community concerns over the small companies. the now canceled that rfp process. we are going to cancel the permits that all the companies of operated the airport currently hold in the issue to all the companies that currently operate at the airport a permit that has some of the customer service standards we were hoping to achieve to the rfp. we believe that we have come to a place where we can get some of the improves quality standards we were looking for as well as maintaining the small companies presence in their ability to operate at the airport.
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>> i appreciate you explaining the issues on both sides. i'm it's actually great to hear this concept at some resolution on keeping our smaller shuttle door-to-door service monies that are here locally and hire locally to continue to provide services to sfo while also i guess improving the quality of service which was a concern of the airport. i'm glad to see that move forward this morning as well. thank you. >> thank you. seeing no other names on the roster nay mdm. clerk on the names mr. buhler >> john gibner nert. the board actually should amend the ordinance today to reflect the changes on the lead term. ms. weidner has given me a copy but essentially it's commission adopted a new resolution and that the lease will not be a three-year term without the two options. >> thank you.
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>> i would like to move >> supervisor peskin >> i would like to move what deputy city attorney gibner nert just a different record >> supervisor peskin is a motion to amend. moved and seconded. colleagues, can we take that without objection. without objection that passes unanimously. >>[gavel] >> mdm. clerk on the item as amended can you please call the roll >> item 19 as amended, supervisor breed nay, campos nay cohen nay farrell aye kim aye mar aye peskin aye tang aye weiner aye yee aye avalos nay there are seven aye and four nay good supervisor breed campos avalos in the design
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>> the ordinance passes on the first reading as amended >>[gavel] >> next item please >> item 28 ordinance would mend the measured go to brave it city funded travel to today's enacted with the laws after june 26, 2015 reversing antidiscrimination protections for lgbt individuals permitting discrimination against these individuals to prohibit city contracting with companies cornered in states that enacted such laws where work on the contract would be performed in such states. he was vocal about >> on item 20, breed aye campos aye cohen aye farrell aye kim >>[background noise] mar aye peskin aye tang aye weiner aye yee aye avalos aye there are 11 aye >> the ordinance passes
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unanimously >>[gavel] >> please, call item 21 and 22 together >> item 21 and work next ordinance, item >>[reading ordinance] item 22 is against the city for three and $25,000 filed september 27, 2014 in superior court to create three earned $25,000 from the water enterprise fund balance in both settlements allege property damage arising from flooding. >> colleagues can we take his items without objection there passed unanimously >>[gavel] >> item number 23 >> item 23 is a ordinance woman the planning code require
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inclusion in the housing balance report data but the withdrawal of housing units from the rental market ion means including owner move is a tool from the planet permits sql determination make the required finding >> same house, same call without objection the ordinances finally passed unanimously >>[gavel] >> item 24 >> item 24 is a resolution to urge the san francisco youth public utilities commission to provide enhanced public access to existing roads and trails in the peninsula watershed lands this is with the goals of protecting the water supply the entire mental quality of the area. >> supervisor avalos >> thank you president breed colleagues come i like to thank you for considering this resolution. i been working on this issue, the watershed on the peninsula including axes there for about 2.5 years now. we've had two hearings at the board of supervisors could i've got to do on down to visit this item number of times. with the community needing down in the peninsula and what you have before us is a resolution urging
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the public utilities commission to do exactly what they been doing for two years. ultimately, i would like to see that we have greater access on the peninsula. right now there's a dosing program you have to reserve space to walk along the pathways in the peninsula watershed area. there are some places that have limited access good that can go from one into the other. but this is actually supreme public land. this is a land that is owned by the city and county of san francisco. by the public utilities commission. it's also when that's available for people who take the drinking water from christmas springs water and san mateo county of this land belongs to all of us and i think i think this land is actually sorely underutilized in the way that we can create a greater understanding of what is their terms of the four and,, in terms of what we have for our water system that's there in
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watershed that serves it as well. we bring in water from hetch hetchy to crystal springs. and that makes it super important but it's also important to note that even in use at many where we have our hetch hetchy reservoir the source of our water is not hetch hetchy. it is actually further up about 40 miles into the watershed. that is an area that has tremendous amount of people coming in every day, some without permits, some under a quota system and the land is actually pristine. the water we drink from there is in great condition to actually create a similar but limited system for people to access in the crystal springs watershed area and peninsula watershed is not to create devastating impacts as people are saying. i think when it comes to our work around entire mental regulation
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it's really important that we are looking at how economic interests take over our environment and destroy our environment to disrupt our environment. climate change being the most supreme example of that. but access to people who will be on foot and possibly on by, into this area does not cause the same level of alarm and should not cause the same level of alarm has industry moving in. i would like to think that the public utilities commission could work with the park system is golden gate recreation ctr., san mateo park system down there as well to create the program where people can have no access in the crystal springs watershed wraps under a quarter system but access that would be unaccompanied. that, to me would give people the sense of solitude that would allow them to really appreciate what is down there. that currently is really cut off from the public. i believe that our environment to work should also be about public access public education. i know that the way that
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politics seems to be aligning on this that this measure might not pass. so actually i don't think it has to. i think what the public utilities commission is already done, what they've committed to exploring is already addressed in this resolution. therefore i really don't think you need to be voted on. i motion that we table this resolution and go on to the next item. >> second >> supervisor [inaudible] us otto is made a motion to table. clerk please take roll call >> seconded by >> peskin >> abag good on a motion to table >> not to table. >> breed aye koppel aye cohen aye farrell aye kim aye mar aye peskin aye tang aye weiner
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nay yee aye avalos aye there are 10 aye and one nay with supervisor weiner in the design the was this item has been tabled >>[gavel] >> next item please >> item 25 is a ordinance woman the planning code but revising the zoning map to rezone all lot numbers listed on the current designation as residential house one family to residential house one family, detached loans and to work with buys zone map for access souls part 2640 3b lot number eight from its current designation as public to r-h-wendy and plan the sql determination make the appropriate findings. >> rollcall vote >> item 25, supervisor breed aye campos cohen aye farrell
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aye kim aye mar aye peskin aye tang aye weiner aye jan east aye avalos aye there are 11 aye >> the ordinances finally passes unanimously >>[gavel] >> let's go to new business. >> item 26 is a ordinance to amend the men's fate of code require prevailing wages in city contracts for security guard services for such services at certain events on city property to amend the police go to make technical clarifications regarding worker retention requirements for security guards. >> supervisor kim >> thank you president breed today i'm seeking your support on a ordinance there were establishing prevailing wage in city contractor security guard services. which will require
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rebellion wages to be paid for security guard service that certain copy of events on city property. we've also proposed a amendment to the police go and make a technical clarification regarding worker retention requirements for security guards. presently there is no prevailing wage ordinance covered insecurity guard services. the bureau of labour statistics reported in 2015 there are over 1 million sick 30 guards in the us. 151,000 of whom work in california. everyday security guards worked to protect our communities & businesses. it is a growing and diverse job industry. african-americans are 11% of suit san francisco's workforce but up 25% of the city's security guards. unfortunately without a prevailing wage this
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workers have been vulnerable. while many unionize should 30 workers make in excess of the $60 master contracts with the city awaits that includes healthcare and paid sick days, non-unionized security guards contacted the city received only $13.34 per hour. for the minimum conversation ordinance which is below the nationally hourly wage of $50.34. a nonunion sick 30 guards not received paid sick days and do not receive healthcare. there's no protection against having their wages cut in order to win the city contractor no security for their family were themselves should they fall ill. setting a prevailing wage will prove quality of service as was the quality of life of our security workers by ensuring these workers receive dignified wage and fringe benefits batching equivalent for private work. we set prevailing wages for certain types of works connected with city property including janitorial services, parking garage attendant, theatrical worker services and tradeshow and special event work. although the city relies on its security workers to ensure his assets remain safe, we fail to protect the economic security of our security workers by setting a prevailing wage.
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today we can change that and secure more stable future for all of our workers. i want to recognize seiu ww whose numbers have worked closely with our office and of course our city attorney's office to develop this legislation and i want to personally thank rob lopez my legislative team who spent months making this seemingly simple ordinance make it through the finish line. i also want to thank the budget and finance committee for unanimously supporting this ordinance and colleagues i ask for your support. >> thank you. can we take this item same house, same call? without objection this ordinance is passed unanimously on the first reading >>[gavel] >> next item, please >> item 27 is a resolution to find terminal to-terminal three security connector project to be fiscally feasible and responsible pursuant to administrative code chapter 29. >> same house, same call? without objection the resolution is adopted unanimously
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>>[gavel] >> next item >> item 28 a resolution to authorize the sheriffs department to enter into a contract with the california almond corrections and to expand 1.7 5 million to house state inmates who are within 60 days or less in the state prison in the secure reentry program facility for term commencing june 30 >> same house, same call without objection adopted unanimously >>[gavel] >> next item >> item 29 is a resolution authorizing authorizing the director of the mayor's office of housing community developed to submit an application related documents to the california debt limit allocation committee to permit the issuance residential mortgage revenue bonds in an aggregate principal amount not to exceed $95 billion ford 210-238 k st. >> same house, same call
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without objection adopted unanimously >>[gavel] >> next item >> item 30 a resolution approving the authorize agent to enter in a seventh amendment to the management agreement with the moscone the center. to require the contractor to make certain capital contributions to the city and amount of $50 million and revived certain contractual clauses regarding the calculation and payment of fees for food and beverages internet services or financial records and reporting >> same house, same call? without objection resolution is adopted unanimously >>[gavel] >> next item >> item 31 is a resolution authorizing the apartment how to submit a one-year application for the hiv prevention grant from the center of disease control in the amount of 5.7 million for hr people for hiv prevention funding for december 31, 2017
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>> speed same house, same call without objection adopted unanimously >>[gavel] >> we are now at the 2:30 pm time and we have two commendations for today and will start with supervisor avalos. >> thank you mdm. clerk. first off i'd like to invite-to come to the podium and other members of the community that want to stand with them. this past sunday the hindu temple in my district held a tribute assembly in memory of its holiness---who passed away unexpectedly during our legislative on august 13.-- is
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a social speak hindu organization and or the guidance of his holiness--has become a vibrant hindu movement focused on spirituality and social services. his holiness with the fifth spiritual successor to the--good he was known to be peaceful, humble, simple and spiritual. he dedicated his life to the selfless service of spirituality and uplifting others. over his seven decades--he inspired counsel's aspirants and for the betterment of humankind is visited over 17,000 villages, towns, and cities in these gifted the world with over 1109
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years. these are cultural centers for preserving culture and performing social services. his work lives on in san francisco in my district mayor mclaren park. were they have truly lived up to their social service teaching. organizing walkathon to benefit local elementary schools, environmental causes, and public safety organizations. they have also participated in neighborhood cleanups and planting days. they held their ceremony in commemorating the life of---this past sunday. i apologize i was not able to attend but i know was a very very special event. i look forward to the hindu new year event on november 6 and i know that so many people have come here today to honor the
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maharajah's work and i want to say that you're always welcome in our district and were so grateful that you are there. we look forward to all the work that you do drop a lift our community and the memories of --. thank you. >>[applause] >> good afternoon. that president and board members board of supervisor behalf of --temple located in san francisco i think supervisor john avalos forgiving tribute to his holiness life and work. in this meeting today. [inaudible] this maximum is not only an inspiring call for all humanity also reflects the spirit of his humanitarian services to humankind and society. through his selfless love he inspired thousands of children teenagers youth adults
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and citizens to serve society as a dedicated volunteer. all over the world. whether was a drought or flood eight tsunami were right is compassion has reached out to all those in need. doing such national disaster to very service programs he's helping hands have assisted hundreds and thousands of people provided them comfort and support. it is compassion, humanity he's made over 70,000 villages towns and city visits. over 250,000 homes in india and abroad. he read and reply to over 7000 letters personally consulted over 810,000 people. in the year 2000 is only this address the millennium world peace summit of spiritual leaders at the united nations. with a message of love for mankind and respect for all religions. a striking humility, wisdom and simplicity
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touched many. president obama has written in distribute to his holiness by paying tribute to a man who believed in the worth of all people. dedicated himself to serving those in need we are reminded of the ways our common humanity will always bind us together. and of entering obligations we have to love and care for one another in the world we share. everyone throughout north america take part in the annual national walkathon is supervisor avalos mentioned. to promote family values and raise friends for charitable purpose. in san francisco by inspiration in san francisco we felt 11 walkathon's. supporting various national benefits such as american red cross american diabetes association, common for a cure and national conservancy just to name a few. his holiness inspired us to
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think globally and work locally. this is no ensure the community we live and work also benefits from the spirit of service. in addition to [inaudible] san francisco chapter has supported the elementary school for art and musical supplies. a local indian classical music center and ucsf are walkathon. we also partner with urban force than our neighbors to an excelsior to plan over 15 trees and the sidewalks in her neighborhood on avalon avenue with grant and ingrid his holiness's teaching and inspiration will be a guiding light for many generations to come to serve society live peaceably and spiritual. once again, thank you for giving us time today in your meeting to give tribute to his holiness. thank you. >>[applause] >> tank you for your service and we can meet outside to take a photo together.
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>> thank you for being here and congratulations and thank you for your service to the city. we appreciate you being here today. thank you supervisor avalos. with that, i would like to recognize supervisor david campos for a special commendation. >> thank you very much mdm. pres. did i like to call upon the amazing pablo espinoza. is pablo here? there is pablo. come on up. colleagues, this month of october we celebrate latino heritage and it's also month where we raise awareness around the issue of domestic violence. it is therefore only fitting that today's we honor the incredible work of pablo espinoza is been supporting
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latino and lgbtq communities for 25 years here in san francisco. pablo has served domestic violence survivors for the past 19 years in the city. is a current operations director at community united against violence. which is the oldest lgbtq violence prevention organization in the entire country. they just to remind you that they started in 1979 as a grassroots safety monitoring group that followed in response to the white night riots sparked by the murders of harvey milk and george mosconi. the organization since that time have worked tirelessly with lgbtq survivors of domestic violence, he bounds and sexual assault. in 1997 pablo began serving at as a hotline operator in its 24 hour crisis line. he was of course given his talent soon hired under the
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domestic violence survivor program where he continued providing social services, training providers, and designing outreach campaigns that were focused on latino queer and transgender survivors. for more than eight years pablo was the go to person in san francisco to build capacity around the serving lgbtq domestic violence survivors. through-pablo led an innovative project that increased access to the 94 shelters across california by training the staff on how to work with lgbtq people. especially transgender women and gender nonconforming individuals who experience domestic violence. pablo, on behalf of the district i represent but of the entire city, i want to thank you for the work you have done. your work is intersectional work that looks at interconnection between the lgbtq community and also the issue of domestic violence. i want to thank you
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for the way in which of approached the very important to work and i can only imagine the number of lives that are then saved and impacted by your work. before i turn it over to you, i know there are couple of folks from the department on the status of woman who want to say a couple of words right before you spoke. ameritrade over to them. before i turn it over to you. >> good afternoon supervisor. department of women get him to speak on behalf of myself and carol and the audit. we just want to say congratulations, pablo. so well-deserved. ubiquity agencies women has funded for over 20 years and their amazing partner dividing domestic violence services in the community and they do willy mason work because they really
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get the intersection now the of oppression and so they're out there fighting for all kinds of other immigrant rights and other issues that affect people connected to domestic violence. also impressive because they bring that anti-oppression work into their own organization and of a non-fire up her whole structure which is for nonprofits is pretty unusual. could not be more well-deserved. congratulations >> thank you. pablo, the floor is yours. >> thank you from the department. thank you for this recognition. thank you to david campos office. to the board of supervisors, to the amazing staff that's here somewhere. thank you for this priest moment in your meeting. i want to use this on to talk about not all that i've done but why i did it. why i continue to do
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it. i do this work because i'm part of a beautiful intricate complex and resilient community of survivors of service providers of activists and revolutionaries worriers and teachers. i'm in service to those in our community walkup avenue towards healing and to reach out to those who us who can provide sheltered by a listening ear, and you and a space to cry. to dream, to build skills, and to celebrate both our mistakes and our accomplishments. it has been an honor to work at-to or for the lgbt community a community of survivors of violence and of the community of dedicated caregivers. i will use this brief moment to continue to advocate for what these communities need for my 25 years of service has taught me will diminish violence in how people's lives could more housing including transitional housing for queer and trans survivors of domestic pocket
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proper and sustainable health care for all queer and trans people including mental health. renters protections. job opportunities and training. programs for people in our communities who cause harm good free and of able city college and other school opportunities. thank you very much for this moment of recognition. thank you, david. >>[applause] >> thank you for being here and
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congratulations again. with that i like to record eyes supervisor kim bar last commendation of today. >> thank you president raveche for accommodating our request. today is filipino american history month and-but completely separate from the month before us we want to recognize the small business woman and woman leader in the south of market. whose restaurant-in the south of market has made history in terms of its: area achievement and community work. jennifer the lumen [sp?] who is here today began restaurant with a vision. she thought filipino food was not being represented in the mainstream rappers on scene consecrated restaurant
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that could bring filipino food culture into the forefront. she open a restaurant with a mission of opening minds and hearts to filipino cuisine using the restaurant as a space to give back to the community. she has a long history of volunteer work with community organizations including asian women shelter in a volunteer capacity with filipino foodie events like-filipino and the festival. when she opened the restaurant a year ago she envisioned a becoming a space where she together generations of community members to celebrate and enjoy filipino food and culture. the restaurant also recently partnered with betsy carmichael school dilating a program where children are now learning how to make--active light snack dishes with the framework of the program established jennifer hopes to extend the program into an intergenerational program, connecting children with our senior community the filipino community to put cook and eat
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together. in one year the restaurant has made strides in bringing the right: re: heritage of the filipino into the spotlight on fulsome street. within the first six months of its opening the restaurant became the first filipino restaurant ever to be featured on the front page of the san francisco food section. the restaurant also made history would became the first latino restaurant recommended in the michelin guide and within its first six lines of business. as we all know, is tremendously hard to open and maintain a small business here in san francisco and even with our booming economy many of our small businesses struggle to maintain the high rent many of us are paying as well good unfortunately, had to close its doors last weekend. but we want to recognize jennifer for your contribution both to the city and the south of market and also to recognize that you be continuing to help overly fine and new space for the vision
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you have but also thank you for the over the years akin to getting so much to see carmichael to the south of market or filipino american community that we support you and your continued endeavor throughout the next few years. so just want to be here to wonder you today on behalf of the board of supervisors. groundbreaking contribution to the san francisco food scene as well as to our larger filipino, filipino american community. thank you, jennifer. >> thank you so much. >>[applause] i just want to say a few words good the restaurant was never about me. it was more about how i can get back to the community in a big lake is going up i never saw filipino and i lived in six different states. i moved around a lot when i was a kid i never saw my culture were cuisine anywhere represented that left its mark on me so restaurant reflects everything i went through growing up as an american-born filipino here in the united states. the restaurant was more for just a
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getting the president of filipino cuisine in the society and also for a way to be a resource for me to get back into the community much bigger way than it ever been able to do through volunteer work is my volunteer work was always been part of me but was never enough for me. being a small business owner committed resource to be with to get back much bigger way. unfortunately, i chose to open in san francisco in summer the most typical typical neighborhood the most in the country but i did close but am determined to reopen. i really want to continue my vision of giving back to the community and giving an outlet for people cuisine to have it spotlight. so thank you for this reckon it it was unexpected i actually just on out a few hours ago last evening so i don't have anything prepared but i want to say thank you for this recognition get it's really an honor. thank you. >>[applause] >> thank you good with that
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speaker can we please return to our agenda is item number 32 >> item 32 is a resolution to authorize the opposite of small business to spend grant funds in the amount of up to $1 million to disperse grants to qualified legacy businesses who apply persistent spends between october 1 and december 15 when he 16. >> supervisor campos >> thank you mdm. pres. just briefly colleagues, this item allows us, through the commission to ensure as many
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businesses benefit from the legacy business program, which essentially, implements the law that we passed unanimously and also the legacy business grant program that was created by voters who proposition j. we need to ensure legacy business, that this program has helped as many businesses as possible good that these grants are remaining relevant and they remain accessible to businesses that are to this day struggling to survive here in san francisco. so with that i ask for your support and again i want to thank-rows on my staff for the work you've done to make this happen today. thank you >> thank you. thank you supervisor campos for your leadership on this issue. it's a really important thing for
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many of our small businesses that are definitely struggling to keep their doors open the city and county of san francisco i'm just grateful that so many of the businesses in my district potentially could benefit from this great fun. with that, please add me as a cosponsor mdm. clerk and colleagues, can we take this item same house, same call? without objection the resolution will be adopted unanimously. >>[gavel] >> item number 33 >> item 33 is a ordinance rezoned 2470 fulsome street per current designation is public and 50 x to urban mixed-use and 80 5x to affirm the ceqa determination make it clear finding >> same house, same call without objection the ordinances passed unanimously on first reading >>[gavel] >> x items >> item 34 >> excuse me can you call item 34-36 together? >> yet. item 34 is a motion three point jeffrey morris and eugene volokh to the assessment appeals board. item 35 is a motion to appoint john lee to
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the assessment appeals board number two. term ending september 25 19. item 36 is a motion to appoint shawn vigil and james reynolds to the assessment appeals board number three terms ending september 5, 2019. >> colleagues can we take this item be same house, same call without objection the motions are proved unanimously >>[gavel] >> item 37, please >> item 37 is a motion to appoint janel white and >> wave wave the residence through common for the following individuals janel white denise-eastern definite terms >> same house, same call without objection the motion was approved unanimously >>[gavel] >> next items >> item 38 is it a motion to approve jesse stout there appears and kevin read stern patent duncan lay solely john
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ballesteros tom e wright were thomas terrance alan sarah shrader and easy ozone to the canada state legalization passports term ending august 31, 2017 >> supervisor cohen >> we heard this item in committee and believe it or not there many people that are interested in seven on the cannabis state legalization task force. that which would work great for is "eight around the guys asian with extra look like. would you need to develop all season regular shoulds where everyone can participate equally. that said, i would like to make a correction mistake i made in committee and committee exported kevin read like to make a motion to replace kevin read with michael nolan four seat 11. >> supervisor cohen is made a motion to strike kevin read and replace kevin read with michael nolan. second by supervisor
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farrell. mdm. clerk before we move forward, there's comments on the amendment or the actual legislation. i will start with supervisor mar >> thank you. i want to thank my colleagues katie tang and melia cohen on the committee could we heard a number of applicants in the meeting. supervisor tang had to leave the meeting early but i moved kevin read because of his long-time experience with green cross and dealing with different neighbors in the city. i didn't want to say that there were lots of great candidates, including mr. terry oh sorry on the visit arrow but i think kevin reads experience with not only green cross but also with supporting city efforts to clean up event like
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for 20 day in golden gate park and other efforts make him a great candidates with lots of community engagement experience i think you would be valuable for the committee. that's why i moved him and i would urge support for kevin read and i know there's a couple of other colleagues that no of his long-time work as well. >> thank you supervisor mar. supervisor campos >> be think that i surely don't have any issues with any other people that have applied but i do believe that kevin read is a good choice. for this role. i have worked with kevin over the years on the issue of cannabis and i think he's the kind of thoughtful smart individual who knows a lot about this industry, this business and also understands the importance of being responsible later relative to a neighborhood a community. so i certainly will support kevin read and while i respect what everyone else brings to the table i think the committee
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made the right choice. i'll be supporting kevin >> thank you. supervisor kim >> thank you. i actually want to specify support for kevin read. he actually owns one of his businesses in the south of market in the district i represent. cream cross has been an important element in western soma. often adding to it would safety and also creating many jobs both in my district and other places of his business. they been a tremendous amount of work in bringing together our neighbors and our residents and our small businesses to make the 11th st. corridor satyr on nights and weekends by adding lights and security cameras and also just working in partnering to be a good neighbor. this is exactly the
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type of individual honesty about cannabis state legalization task force. as we talked about what the future legalization means here in the state of california we joined a small business owners that not only have done the work but also understand what it means to provide a business that is a good neighbor. those are except the types of individuals that we want to seek on this passport because as this industry gross, it's legalization is approved in november 8, we will make sure we have folks that have done this work for many many years and have that experience could finally, i would just add that kevin has already served on the legalize asian passports and i don't see a reason to discontinue only his service amongst many others. i think the supervisor mar said there's many many qualified people that want to serve on this task force but i think to take off someone who's currently been serving and has been doing a good job and is been attending all the meetings i would need more reason as to why we would not support his reappointment. >> thank you supervisor kim. supervisor weiner
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>> i completely agree with everything that supervisor kim has said. where of the same mind on this. i think mr. reid has been not just a strong leader in the community but a strong member of the task force. as in any reason to make a change. i do want to say occurred very very good things about mr. nolan of this is not a situation where you have as we did remade the original claimants, many more exceptional candidates of the we have slots unfortunate. so this has nothing to do with -8 to mr. nolan could i'm sure you'll be a phenomenal member of the task force met up at some point maybe if there's an open we can put him on. but i don't see any reason to make a change good i will stick with the recommendation of the rules committee in other words mr. reid >> thank you. seeing no additional names on the roster, mdm. clerk on the amendment can you please call the roll >> supervisor breed nay campos
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nay cohen aye farrell nay kim nay mar nay peskin nay tang nay weiner nay yee nay otto nay there's one aye and 10 nay supervisors breed campos in that his son. >> the amendment or fails. >>[gavel] >> mdm. clerk can you call the roll on item number 38 >> item number 38 breed aye campos aye cohen aye farrell aye kim aye mar aye peskin aye
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tang aye weiner aye yee aye korea avalos aye there are 11 aye >> the motion is approved unanimously >>[gavel] >> is now 3 pm. we will go to speaker please call adam 39 >> pursuant to approve the motion number m-116 132 approved on september 27th way 16 the board of supervisors will convene in the committee of the whole per item 39 but is been called from the public safety committee to the full board of supervisors pursuant to board rule 3.37 eight hearing on the final report the findings and recommendations of the blue ribbon panel transparency accountability and fairness in law enforcement requesting the police department and the police commission to report. he was
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thank you mdm. clerk. the purpose of this hearing is to hear testimony on the blue ribbon panel transparency accountability and fairness in law enforcement. thank you supervisor cohen: this hearing and ensuring we hear it as a committee of the whole with a full board of supervisors. with that, supervisor drennan alternates over to you. >> thank you very much mdm. pres. good afternoon everyone. could you see so many people in the chamber. colleagues, thank you for allowing me an opportunity bring this important subject matter to you. there's a few things i like to listen to for today in the discussion on the findings of the blue ribbon panel. first, i want to frame the conversation and point something out that may not be in the forefront of your mind. 50 years ago on september 28 almost 50 years to the day where we are today, bayview hunters point erupted in what has historically been known as i was a local civil
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unrest. what happened was sfpd shot and killed a young man and as a result of that the community reacted to what was interesting about this potato time that although the shooting took place right off of third street, the entire city felt the vibrations of this action. ultimately, the mayor and the governor ended up calling in the reserves to help bring peace. the city underwent several days of a lockdown of a what's the word? thank you supervisor peskin several days of late curfew. mr. peskin you might remember? several days of a curfew of what's interesting although the shooting took place in bayview hunters point the mission neighborhood felt it. across
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the whole city even worse than the school stood up in revolt. i use that to begin the conversation because there we are 50 years later still dealing with some of the same symptoms of the problems that we were doing with 50 years ago. with that said i like to begin with my prepared remarks acknowledging that we are in the midst of a difficult debate and conversation about the inequity in the basic functioning of the criminal justice system. this debate includes general police practices might use of force, and most important a aggressive policing. but it also includes arrests prosecution policies, the severity of the criminal sentences, and the desperate impact many of these policies are having right here on our community. the blue ribbon panel was worked on by seven law firms, to policy firms, and three very well respected
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judges that collectively have over 75 years of experience between them. they have built a career very successful career, on the impartiality. this report also includes interviews with countless community members as well as the police department. i want to take a moment and i want to read knowledge although we have a long way to go from i want to knowledge of the we have come a considerable way in less than a year we've seen reforms been implemented. language not have the time the we've not had the time to analyze the results in the efficacy yet. i want to it knowledge the community get the committee here with us today at home watching. the community that is not given up that is pushed the city and the police department towards these
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reforms. want to thank and acknowledge the parents and families that lost loved ones. these families also serve as a reminder to all of us as to why we are here, why we are called to serve. i cannot call this hearing to make them relive their lost loved ones over and over again. instead i called this hearing so no one else has to feel that herbal pain, that sadness, that deadness, that families feel when they lose a loved one too soon. this keyring is not about providing a venue for people to talk about all of the great work they are doing. i called the series so that we can continue to work together collaboratively towards solutions to ensure the public is aware of the solutions and the work being put into the process to bring justice for all. while there is rightfully a lot of anger and frustration they use opportunity to listen to the findings and the recommendations from this incredibly thoughtful report.
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there will be an opportunity for everyone to share their thoughts and suggestions during public comments. we, all of us in this chamber, are tasked with the obligation working together with communities legislators the mayor office, the police department, with figure how to learn from these incidents. that's critical to your we need to learn how to have it learn from these events so we can move forward and turn anger and frustration and hatred and bitterness and resentment into an opportunity to make positive changes in our department in our police department, and the criminal justice system. i want to go over quickly the organization of the hearing the word of speakers. we have a lot of information that we want to present to you today. in order for us to get through this long
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agenda i ask that everyone be mindful of their time. first, we have excuse me-love six speakers was after. first i want to organize mr.-he's the executive director of the blue ribbon panel on transparency accountability and fairness in law enforcement. want to organize justice crews reynoso also a blue panel member. the blue ribbon panel working group will have five presentations from first one will be from in- from morrison and foerster. we discussed the subject matter of stuff searches and arrests is jamie bartlett from simply also be discussing personnel and internal discipline. ray marshall from shepherd bolan would talk about the culture within the san francisco police department. richard karen from
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baker mckenzie will share with dos findings on the brady policies and practices. nicholas fram from under toll and olsen will talk about external oversight. finally we we're from judge doris kordell was also blue ribbon panel member. we will then hear a short presentation from acting -interim chief of police tony chaplin. the community has overwhelmingly elected chris for mohammed to bring thoughts >>[applause]. >> to bring thoughts from the community perspective to the discussion. on that note i lecture my people we've a long day and applause is welcomes but in the form of spirit fingers.. fingers is positive because allows the people at home or watching or large
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hearing impaired to also feel the back and see the impact of spirit fingers. would you encourage when you hear something you agree with please move your fingers like that and your something you disagree with something like this. my friends, are you guys ready? okay. let's start. >> supervisor cohen 1 second supervisor campos wanted to make some comments >> i just want to add one think it i want to thank supervisor cohen for the staff and the work she's been doing not just work on the new ribbon panel on the issue of police reform and accountability. i just want to say that i see the work of this blue ribbon panel as an opportunity for san francisco to show the rest of the country how to deal with the issue of police reform. being a police officer is a tough job. but i think that so far it's been unfortunate that the police officer association is taking the approach of
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responding to the blue ribbon panel by attacking the da and attacking the panel itself. when anyone who looks at the three judges that are involved, justice ran onerous kordell,--. it doesn't get better than that. that is as stellar and superb group of individuals as you can find and the involvement by these otherwise highly paid attorneys is also i think speaks to the excellent work that has gone into. so i would simply ask the police officers, the poa that we figure out how we can learn and take this not in the defense of weight but as a way of actually making san francisco and the san francisco police department and example of how to do policing because i think if anyone should be able to get
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this right it is san francisco. thank you >> thank you supervisor campos i appreciate it. want to give some background to everyone. the blue ribbon panel was assembled through the leadership of the dist. atty. george gascon. with that i like to regard mr.-who was the executive director who led the formulation the methodology and ultimately, the drafting of this incredibly important report. turn the floor over to you. >> thank you supervisor cohen. thank you president breed for voting to conduct this hearing. i want to just really provide some background before the judges and law form working groups. tell you more about the substance in the report. the panel's job was to investigate the extent to which christ might be institutionalized in the department. not to investigate officers were incidents. the panel's goals
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not to fund salts were cast blame in the spirit of the city and its residents report ideas structural errors within the san francisco policewoman and related city bodies that need immediate attention and improvement. the very high level, the panel found the san francisco police department is in need of greater transparency lacks robust oversight, must rebuild trust with communities of it serves and must play a greater attention to issues of bias. both within the department and interactions with the community. the report lays out 72 findings and 81 recommendations can we honestly one of time to go into all of those today. bank urge you to please, look at the report to recall the findings and recommendations are extremely important and urgent. today we would like to focus on two themes. one is one major
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shortcoming of your site that is no city agency currently audits that apartment in any systematic way. there's no city agency that analyzes the carmen's policies work or even what that apartment is properly holding accountable for existing policies. this makes san francisco an outlier amongst major cities to the stakes are too high to not prioritize robust and consistent oversight. this includes regular auditing the policy and policy compliance with the current oversight structure is not set up to perform these functions. we, the panel, myself the judges and the law firms come here today to share information about the report in our investigation also to offer our support and help to the city to the board of supervisors in any way you see fit to implement the recommendations. we have met with the represents from the mayor's office commode
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represents from the police commission and the police department and we understand these bodies plan to respond to our recommendations. we urge the board of supervisors to really show some bold leadership and set up a regular schedule with status reports and status hearings to hear from these departments on the status of their implementation. we urge the board of supervisors to request that the police department, the police commission, and other bodies named in the report indicate that, and for implementation to the communities can understand what expectations are. with that alternate over to justice reynoso. thank you >> thank you very much for having us. i want to emphasize
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that the very beginning that if anything is going to happen with this report i believe it's up to the board of supervisors. otherwise, i think nothing will happen. this report looks at three major matters of interest. the issue of transparency, so we know what is going on, the issue of oversight that needs to be done on a regular basis and the reforms that have to be made. so that the people of this city and county have trust in their police department's, that there isn't what we have found to be bias against people of color, and preps even more important, institutional bias. sad to say, but the report indicates, there've been many troubling incidents in the history of this city and county. there's been a invariably an outside review by federal officials.
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many recommendations have been made. sad to say, there's been very little implementation. so i trust and hope that there will in fact be a follow-up and implementation terms of the recommendations that this report makes. in terms of whether or not there can be better police policies and police practices, and there being no institutional bias, i think the answer is clearly, yes. it seems to me that we need to work on that. sad to say, it has not been an easy task for us. first of all, the district attorney asked the mayor for some money to do this investigation the mayor said, no. that's always been volunteered good law forms we individual. nobody pays us for our common even for the expense of coming here by train. but we have done it because we
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think the issue is very important. we have heard a disturbing testimony during that time that we have been functioning. sad to say, we have not had cooperation either from the police department or from the poa, the rep union that represents the officers. there has been, in fact, a series of incidents that have been disturbing to me individually. thank you. can you hear me now ? thank you very much. for example, we heard testimony from a sergeant, an african-american police officer who testified
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before us in fact that there were issues of bias in the department. after that the president of the pa 08 sent her and published a long letter disagreeing with everything that she had said. my own reaction and this was an effort by the poa to intimidate her and to intimidate anybody else would dare say anything contrary to the views of the poa. it was sad to say, the poa did not cooperate with us. neither, in fact did the police department. so everything that we did had to be on a voluntary basis. in that regard, we end up with a series of recommendations good as you've heard the city five) but let me just suggest two or three. one,
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that the police commission which plays an important role, should review the department gen. orders on a regular base. we cannot sometimes memos have gone out changing the regulations or the general orders and so the public cannot even know about it. with respect to community policing, it seemed to us a very important and those who testified before us agreed community policing is very important. that officers ought to be assigned to areas where they live. that they should be a long-term assignment heard that one should even get out of a police car from time to time and have police foot patrols good so that the officers can get to know their communities and the communities can get to know the officers. we have recommendations with
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reference to stop, search, arrest situations which sad to say there's a great disparity in terms, for example, the african-american population is 5.8% in san francisco but 14.9% of those stop search and arrest incidents happen to african-americans. so there's much work to be done in that respect. and we heard a great deal pertaining to the use of officer involved shootings. we see a disparity of those who, sad to say, have been the victims of that with a disproportionate number of african-americans and latinos being the ones who suffered from that. but you know, we can all of the good regulations intact and yet, without having a change in the culture of the
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police department things will not change. so i think it will take really quite constant evaluation and oversight by the board of supervisors to make sure that as time goes by even if changes are made they don't then returned to the way things have been done before. as i say, without this board being actively involved, i don't think anything is going to happen could very pleased to be here and very pleased to have this hearing so you can hear the seriousness of the matter as we heard. thank you very much. >>[applause] >> thank you very much, jeff. next speaker we will hear from will be first from ian. i'm on up, ian. good to see. em took
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on the subject matter of stop searches and arrests. >> correct, then get on ian from him with a stop searches >> in, pull the microphone a little closer? >> how is that? better. all right. there are two issues i like to address in the time i have. stop data and stop and frisk. the first issue i have to preface by saying we are not data experts. that's why whenever recommendations is engaging outside experts to analyze the department stop data especially given the complexity of conducting meaningful analysis of stop data. that said, based on our analysis of the department stop data for 2014 and 2015, african-americans and latinos are more likely to be searched without consent than other groups. of all people search
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without consent african-americans and latinos have the lowest hit rate. that is, the rate at which searches found contraband. an analysis of the department stop data by the san francisco chronicle had similar funny. agree to experts over it rates for certain groups are led by for racial bias and suggest of those groups or search the lower levels of evidence than other racial groups. we also found compliance with the terms data collection policy has been lacking. incrementing the system to monitor and fizzled a compliance is key to the effectiveness of the data questions because passed last year. moving to the second issue i want to clarify what we did and did not find regarding stop and frisk. there is
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anecdotal evidence that stop and frisk occurs in san francisco. we heard this in interviews with community members as well as public defenders whose clients complained about stop and frisk. but we do not find any policy of stop and first did the woman has stated he does not practice stop and frisk. the mayor has considered and rejected stop and frisk policies in the past. the sf pd members we contacted including those who trained new officers did not respond to our interview requests were declined through poa counsel suite largely did not get to share the perspective of sfpd officers on this issue. one officer dude have the opportunity speak with stated the department does not practice stop and frisk but he also described practices that could be interpreted as stop and frisk. so we found anecdotal evidence of stop and frisk we did not find any policy any stop and frisk policy in san francisco. thank you. >> thank you. next, will hear from jamie bartlett. jamie took on the subject matter personnel and internal discipline. welcome to the chamber. >> thank you very much. good
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afternoon. i made my name is jamie bartlett get on with a lot from of sidley austin sibley was asked to look into hiring emotions process was internal discipline process at the sfpd. i'm going to focus on the high-level finding made that's applicable to both buses is. specifically, both the hiring and promotions process and the internal discipline process within sfpd suffer from a notable lack of transparency. but interferes with the ability of the department to self regulate with external oversight with public trust. i will provide a few examples. background investigations at unit within the sfpd is tasked with investigating all applicants and plays an important role in the hiring process in determining whether a candidate is eligible for hire. despite important role we found that the unit is largely
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a black box perspective how background investigators were selected, how the background investigator makes his or her decision, and whether a background investigator with the relationship with the candidate being investigated with disclose a conflict of interest. similarly, with regard to promotion, we found that ultimate selection of candidates for promotion is highly discretionary which increases the risk of bias in favor they buddhism in the process. as with hiring the chief of police makes the final decision as to what current officers will be promoted but the criteria he uses to select from a list not published or known by others. the role of the candidate disciplinary history in the promotion process is also very unclear. we believe that a lack of any structural processes were written policies or procedures by which the decision makers must consider disciplinary history in the promotion process allows for the distinct possibility that candidates the disciplinary issues particularly in the bias related conduct will stamp through promotions and
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ultimately occupy positions of power. in regards to internal does when it's process highly okay. there's very little public bid material that describes the internal discipline process or how internal decision affairs fund. 2.7 says a portion of the disk when i system does not expand the investigator procedures and is not been updated since july of 1994. iad processes and actions of contractor reported in any publicly available weight could be published no statistics about the numbers or types of cases investigated, the percentage of complaints of sustained, factual summaries of the complaints investigate. this general lack of transparency is inherently detrimental to the fair and effective officer discipline. both because it hinders external oversight formal and informal, and it suggests a lack of self evaluation through past and regular audit for
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statistical analysis which is essential to a police department's effective discipline of its officers. contribute into the lack of transparency is the fact there's no conference of system used either department for collecting data related to either the discipline process itself were the outcomes of those proceedings. either originating to iad or in connection with processes in place at the occ. worked for early intervention. the tracking system used for these different groups are not uniform or openly shared. it is not appear information contained in the early intervention system seeks into the system used by the internal discipline division. it does not include data regarding occ complaints that are not sustained. audit is not conducted by the sfpd or the city comptroller of the system and the system is not well designed to conduct statistical analysis that would support regular and competent reporting.
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these examples illustrate the efforts to formalize and document hiring promotions and internal discipline process and outcomes are critical to the future progress in connection of pious within the sfpd. thank you >> thank you very much. they marshal from sheppard mullin scored to talk what the culture. >> good afternoon. as indicated my name is ray marshall. i'm a partner at a law firm sheppard mullin witcher and hampton. i'm the past president of the bar association of san francisco in the past president of the state bar of california. our group looked at the issue of culture and there are 3.0 would make today. first, is what we called a tale of two cities in san francisco. that is, that there is a split within the department as to whether the scope of discrimination and bias is individualized or whether it is widespread and institutional. at one level,
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those officers >> i'm sorry,- >> those officers that has abide and testimony facilitated by the poa gave the view was in on an individual basis that was not widespread. on the other hand, those officers that testified that interviewed which were not facilitated by the poa stated unanimously that based upon their own experience and their own observations, guys in the department was institutional, widespread, and rampant. second point. there is a blurred line between the poa and the san francisco police department. blurred line which allow the poa to take on an outside role inside and outside of the department. making it more difficult to address the issues of bias within the
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department. that is a major problem that exists. the third point that it would leave you with. the san francisco police department needs and should actively demonstrate in a proactive weight, leadership in the elimination of bias within the department. needs to take this action in a top-down perspective at every level of command. any new chief that is ultimately determined to work for san francisco needs to exercise in a very public way leadership on reforming the department and illuminating bias that the face of the department becomes the police department and the police chief and not the poa. those blurred lines of fact both the running of the department and its respect and community at large. it should be addressed by whoever is elected or appointed as our new police chief. thank you. >>[applause]
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>> spirit fingers, folks. remember. next speaker will be robert tarin. he will be speaking on brady policy, the practices. >> good afternoon. thank you for having us. i was chairman of the brady versus maryland working group. for those of you did not go to law school, went to law school a long time ago, brady held in 1963 that the prosecution was obligated to turn over exculpatory mature ill to defendants. the california courts have held that duty includes turning over evidence of racial bias. he races text messages that surfaced in united states versus ian firm and your
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included text messages of 14 police officers and those text messages were not turned over by the san francisco police department to the defendants in cases in this dish.district. the police department receive those messages in december 2012. two years later they were finally turned over. in the meantime, defendants went to trial. defendants of color went to trial that did not receive the evidence that they were entitled to as announced by the spring court 50 years ago. in short simple terms, the lax and legal system here meant that defendants of color did not receive brady material in the form of racist text messages. by officers who were instrumental in charging him. defendants in this city were denied due process under our constitution. to redress the
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brady violations that took place here as a result of the police department's failure to timely disclose brady materials to the district attorneys office , are working group into live proposed 13 basic recommendations. 12 of them involve the police department and the district attorney's office. one involves the city's attorneys office. on august 30 the district attorney responded to the seven recommendations we made as to his office agreeing to six and modifying one. the police department, to my knowledge, is not in over two months responded in writing to the eight specific recommendations we made as to its. finally, i want to address those with claims that this panel and the working groups
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were a stalking horse for the district attorney. to be clear, i never knew who george gascon was. to be more clear, i joined and committed to this group when i read races text and homophobic attacks by police officers in federal court proceedings. i thought those sickening tax and no place in law enforcement anywhere, especially in this city of tolerance and diversity. my colleagues and i felt it was time to act to donate our services. to view local law-enforcement procedures both the da's office and the police department and to consider constructive recommendations that would benefit all citizens. as a formal federal prosecutor worked closely with police officers the major american city, which now has
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troubles, i urge the city and its law enforcement to not wait and to not just be reactive when law enforcement practices delays and transcripts surface to call for action. i urge this board of supervisors to take the bull by the ones and direct law enforcement both the sf police department and the sf district attorney's office to be proactive, to work together and to adopt reasonable recommendations of the blue ribbon panel. >> thank you. thank you very much. our next speaker will be nicholas fram. mr. fram is presenting on external oversight. he was >> thank you supervisor trenton. not a present, thank you all for having tested by name is nicholas fram. a maternity motor toll and also an offer here in the city. in addition to working on the external oversight group of law firm is served as counsel to the remote panel. just to echo
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what just said on a personal note, we do not do this because the district attorney asked. we did this because this was an issue important to us. i grew up here. i work here note that plan on living here for a long time. i want to leave this city better than where we found it. our group spent a lot of time looking at the police commission , the offices of compliance and a couple other agencies such as the comptroller's office to investigate external oversight of the sfpd. the main conclusion the central conclusion, we came to is there is no external body that systemically recites the sfpd. the police commission conceives of its primary role as making policy disciplining officers that doesn't really have the resources to conduct periodic were systematic audits. the comptroller's office has the
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authority and some staff and resources to conduct audits of the department but is generally has really been asked to do so in the past that when it has is only audited it disagreed portion, on discrete issues. the occ, doesn't perform audits and to date been fairly a body that's mainly responsive to citizen complaints. as a single policy analyst that makes set department policy that generally is reactive, two. so the upshot is we don't know if officers are complying with policy or if the policies we have in place are effective. to very basic things that the public should know. so this lack of an audit function has been in stark contrast to what exists in other major cities. for example los angeles has a 35% office of inspector general that routinely full-time basis
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audits the lapd. the california highway patrol the california department of corrections also of inspector general and because of the federal inspector general act of 1978, passed in the wake of another scandal in watergate, the 72 inspector general in the federal government. so having an inspector general having an full-time audit function is something that is a well worn path that many other jurisdictions think it's worthwhile. we think the most important reform at this body can achieve his implement an independent audit agency. it's really important that agency has full access to department records and personnel be charged with making periodic reports to the public and the independent of the department. it's important for legitimacy and its importance for that audit agency has the right perspective. to effectively counter the self-interest of the department that it is overseeing. with that we are happy to answer any questions you have now or later. thank
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you. >> thank you. colleagues, we've a few more speakers. then we will go into a discussion. the next speaker i like to call up as judge doris cordell. thank you for being here, judge. >> thank you supervisor cohen and thank you to all the supervisors for the opportunity to speak to you this afternoon. i come before you not to lecture you come in october rate you but to him for you to initiate real and lasting changes in the operation of the san francisco police department. those who cannot remember the past are condemned to repeat it. it is critical that all of us san francisco leadership and the community, know the history of police misconduct in the city
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and how it has been addressed in order for us to move forward. for 79 years i'm a from 1937 until the present, the san francisco police department has been involved in several major incidences of misconduct and racial discrimination all of which have been well documented. in 1937 the mayor and da working together uncovered police corruption including payoffs and staged raids. officers were fired. the entire police commission was forced to re-sign the skating 2 million word report was issued. that report was stolen from the city clerk's office is not been seen since 1937. in 1943, the san francisco chronicle when an exposé on police corruption. no officers were disciplined. in
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1955, they ran a 12 part series on police corruption get no officers were disciplined. in 1965, san francisco officers arrested a group of civil rights lawyers who refuse to allow the police to enter a fundraiser for the gay community. at trial, all charges against those lawyers were dismissed. no officers were disciplined. in 1966, san francisco officers targeted the transgender community by resting and mistreating customers at the canton cafeteria good rioting follow. no officers were disciplined. in 1973, public advocates found a lawsuit against the city for racial bias in the police department's entrance exams and in the premise promotion policies. that lawsuit resulted
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in a federal consent decree was not lifted until 1998, a period of 20 years that included continuing litigation. in 1998, the city of san francisco pledged that 45% of all new recruits in the police department would be people of color. in 1979, after the manslaughter conviction of dan white in the ensuing rights, several lawsuits were filed by protesters against the police department for excessive force. no officers were disciplined. in 1984, four officers were fired for penne prostituted to perform sex acts on an unwilling cadet. in 1980, the lower square was beaten by police at a peaceful protest that was caught on video and televised widely. the city paid a substantial settlement. no
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officers were disciplined. in 1989, an act of protest was interrupted by police beatings and arrested a class action lawsuit followed along with suspensions and resignations by officers. the office of citizen's complaint found that the deputy chief jordan had ordered the sweep and recommended he be demoted. in 1992, during the rodney king demonstration, san francisco officers made widespread arrests as well, and 2000 copies of the san francisco bade times they ran an unflattering story about the department were stolen and found at a police station. that led to the firing of chief--and an officer who was involved in the theft of the papers became the poa president. in 1995, san francisco officers raided a new year's eve aids benefits. the
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police commission found four officers used excessive force. none were fired. also, at that time and williams a black man died in police custody and officer was deemed to have been involved in the death for which he was not fired. but suspended for 90 days. in 2002-2003, in 2002 three off-duty officers one of whom was the son of the then assistant chief assaulted two civilians who refuse to give them their fee he does. the theater-data grand jury indicted the entire airship of the police department for covering up that incident. however, all of the charges were dropped. a civil jury awarded damages to the victims of the beating. in 2005, was
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videotaped and officer of the bayview station posted a video that parried racist sexist and homophobic subject. the result was that over a dozen officers were disciplined. the officer who made the video re-sign could he was not fired. two other officers were suspended each for 360 days. 2006-2007 the san francisco chronicle ran a three month long series on the department's use of force. then chief fong dismissed the report and no changes were implemented. in 2009 the attorney for the police department internal affairs division brought a case against the then deputy chief for failure to follow the department's policies on how to deal with allegations of domestic violence. as a result, a police commission demoted him to capt. the city subsequently promoted that capt. to cheat. after which, the city lawyer web brought the case against
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that officer was fired. chief sued for wrongful termination received a settlement that cost the city seven or $50,000. finally, in 2011 three officers were indicted by the federal government for illegal searches that can robbery at all were convicted and the feds release of information from those cases led to text-gauge and two report by the blue ribbon panel. so, that's the history. 79 years of lawsuits, settlements, officer disciplined, promotions, exposés by newspapers, city issued reports, grand jury indictment, designation of an entire police commission, and a 25 year long consent decree and sadly, little has changed. what we know from this history is that these instances of misconduct
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are not isolated incidents were aberrations. rather, they are part of a 79 year pattern of systemic misconduct and cultural entrenchment within the department. that history reveals the many obstacles to reform, among them, failure of city leadership, politicized nation of police commission, failure of police leadership, failure of the effect of israel civilian oversight and resistance from the police union. i believe that resistance from the police union poses the greatest obstacle to reform. now i am a staunch supporter of unions and i've never crossed a picket line and i never will get that being said, police unions are unique. police officers are not
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like other workers. they have a state sanctioned power of life and death over all of us. while most unions in the united states have grown weaker since the 70s, police unions have grown stronger. we all know that they can make life very difficult for elected officials by attacking them as soft on crime and they have deep pockets to fund political candidates who do their bidding. sadly, police units throughout the country over the last 50 years have opposed police reforms ranging from having to wear name tags on their uniforms to the use of body one cameras to documenting uses of force. this year, newark new jersey created a civilian review board was acclaimed as a model of oversight. the city's police union immediately announced it would suit to shut it down. here in san francisco the new use of force policy
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unanimously approved by the police commission in june to my knowledge has not yet been implemented because is being held up in the poa's meet and confer process. prof. samuel walker and american emeritus professor of criminal justice at the university of nebraska at omaha and an expert on police accountability says that police unions have created a culture of impunity. it is this culture of impunity that permeates the san francisco police department as has been well-documented in our report. the san francisco police department has eight not on my watch pledge. it says i pledge to serve the people san francisco safely faithfully and honestly without prejudice. i will not tolerate hate or bigotry in our community or from my fellow officers. i will confront intolerance and reports
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any such conduct without question or pause. i will maintain the integrity of the san francisco police department and safeguard the trust of the people of san francisco. i would treat members of the community as i would hope to be treated myself. i will pursue justice with compassion and a respected the dignity of others. those who would suggest there's any place the stain of intolerance i pledge not my watch. >>[applause] the departments former poa president and current paid consultant to the department on his facebook page derided that pledge. he called officers who reported misconduct of other officers, trained snitches. commenters on this page undoubtedly police officers, one of the names of the snitches so they could be taken care of. characterize sensitivity training as bull shipped and about officers who
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are whistleblowers said i hope it doesn't get ugly out there. somebody could get her. this is talk it one would expect from gain members and from the thugs, not from the leadership of a police union. i believe that the great majority of police officers in san francisco babylon to the poa are not like those who made those comments. so it is my hope that the good people in the department, the officers who see the form as a positive for the department will find their voices and will join together to bring new leadership to the poa. it is also my hope that you, the city leadership, will find your voices and display the political will to stand up to intimidation by that you will say, no, to those that oppose the meaningful and tool
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reforms that we recommended and the community supports. i implore you to put aside your political inferences and stand united in moving forward to implement these recommendations. do it because the lives of the people of san francisco are at stake. let us not be condemned to repeat the past. the time is ripe to do right. thank you. >>[applause] >> thank you judge kordell. who said that? >> supervisor kim >> thank you get out of the user much for being here today.
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may i ask a few questions? >> absolute good judge kordell were now asked you to come back down here. we have a couple questions for you. >> my apologies. judge kordell. thank you for your presentation. i just had a couple of follow-up question did you mentioned that when san francisco was being released from the federal consent decree we made a commitment to ensuring 45% new recruits are people of color. could you let us know how close to that goal we have met since 1998? >> i anticipated a question i was endeavoring to some research on get out of any the folks here are able to respond to that to having the numbers. >> perhaps someone from the department >> i apologize that was not my area. i don't know if when i get that information for you.
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>> great. i also see our deputy chief and chief here today and i assume they have that data? deputy chief thomas >> supervisor, if you're done with the judge we can move on to the presentation is to come from the police department >> i will say my question for them. my next question is given your body of work in this arena, do you see cities and municipalities actually implementing reforms successfully? >> the answer is, yes. oftentimes because the be made to do it because of federal court orders. that's really sad because that means there's been resistance, fighting litigation now they're being made to do it by judge in a black robe sitting somewhere else who's telling departments to be rugged i don't think that is the way to do it but sometimes it has to be done. now there are some cities as a result of writing, upset, who had great national focus on them where
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they have stepped up because they don't want to be sued in federal consent decree coming in. finally, there are those departments large and small, by the way there's 18,000 police department's in the united states. they are each autonomous unto themselves. no one entity can require them to do have any oversight any kind of accountability at all. it has to be by community by community unless there's a state incentive for them to do it. if there way law in california that said every police department had to have some measure of accountability civilian oversight that would happen. it's up to each community. the two leaders like you all to decide, this is really what we want to do never done effectively. so the short answer is, yes, there are departments engaging in this in different kinds of ways to bring more transparency and accountability to policing. >> you think the primary
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means, what often initiates reform in other cities that are doing it has been either through federal court order or 420 through some type of citizen protest or riot. something that is when the more extreme actions like me taken. that's not necessarily lower senior in san francisco today. if there is a commitment to pursue these reforms, like those 2 actions taking pl., what are the reforms that you think would go successfully help support reform in the police department. because i agree with you. i think the vast majority of our members in the police department want to see your form implemented. what transparency and accountability are the two pieces that you talked about. specifically, what are the actions we can take your the board of supervisors the one >> sure. if you look at the recommendations of the report may start on page 159, been there done in categories. overall, i think the first major important step is having
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oversight. civilian independent oversight over what this police department does good by the way, oversight is not micromanaging a police department i was the independent police auditor for the city of san jose for five years. i wasn't interested for running a police department could pass on my expertise to what others interested in is ensuring what was done was being done in objective and proper fashion. san francisco we recommended for the police department and office of inspector general. that would have the function a civilian independent, independent not beholden to the chief, not beholden to anybody but reporting to you all in a public fashion on various aspects in the police department that you heard already the deficits the lack of election of data. we don't even know informational what happens to officers, their discipline records did a lot of that is because of the police officer bill of rights seeks peace so
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much confident. just as an aside, believe that locke needs to be repealed and we need to open these things out. >>[applause] that's the first image i think the community is saying and the use of force policy. things that are happening are in the works that have been in the city but they have not happened yet and that's part of the problem. there's no sense that things are actually moving the direction that i think they should have been in quite a while go. >> so we do technically have a citizen who oversight body here are police commission were appointed by the mayor and three by the board of supervisors. what forms can we provide to the citizen oversight body that can get it more of the teeth better needs to actually implement the reforms we talked about today? >> that's the good question. it gets back to new york your definition of oversight is. you have a police commission could i have heard from some of them
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particularly when we were having hearings during all this is the one concern that came up from you. when you have civilians who are appointees of the mayor from the board, quite frankly they're beholden to you all. they have to kind of told the line. what my vision and what we've done in san jose, we don't have a civilian portrait we have my office. but it was a decision of the entire body the city council and mayor after a national search to appoint me and then leave me alone. them you run this office look into those matters that i'm permitted to look into. as i see fit. so i do good others may disagree with me on this one but i have a problem because i believe it's in your charter that you have a commission that are political
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appointees. i just think going in that doesn't begin to build the trust. i'm not impugning the reputations of those on the commission. i'm talking again about an activity in an oversight body and how a few it can be best do its work and do it in a transparent and trustworthy fashion. >> i apologize for keeping pressing on this. he was still appointed, though by the mayor and that body as well. so what provides you the buffering or independents to go about doing your work, a and then b to provide the data and information to local government and the police department on deficiencies you are seeing, then what is the cash that actually gets them to implement changes in response to the accountability you're not providing? >> the two questions. first one was about i was hired by the mayor and city council and 11 boston. first of all, no one can work for the city and lesser hired by the city. you all will have to make a decision about who gets hard so you will be the boss of whoever it is. so i had a contract with
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the city could i was a city employee. it was a four-year contract and i could be let go at will but only by a vote of a super majority of the council. so that's just a given. that aside, given how my responsibilities were laid out and written i had the ability to look into whatever i deemed appropriate. so everything was in right. nothing was made up. yes, i had to be accountable not only to the community but those two hired me. so it takes someone has to be able to walk that fine line. i'm dealing with a political body at the same time i'm dealing with issues of policing and i also had a very good relationship with the police department. so it's about that's why i truly believe most of the officers hear the good people. i actually believe that. i believe that in my heart. when you talk about how you make the
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changes? the key to making changes is sunshine. putting the light on deficiencies. my office when i was making but i was the ip 810 came out with the report that said, well, these are all the complaints that were sustained. all the information given to the public. here's what the officers did i get without naming them because of poa. we also listed was an annual report on discipline again you can name the officers but you can see how many were fired or suspended. in addition, the event conditions that our office made were in writing and presented annually to the city council and mayor recommendations like san jose police department does not have anything in its duty manual cricketing chokehold. so our recommendation that after


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