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DOCUMENTS DEPT. 

CISCO 

PUBLIC LI3RARY 



350 
STACKS 



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C 



1V3AY 26 1978 
DOCUMENTS DEPARTMENT 



SAN FRANCISCO PUBLIC LIBRARY 



3 1223 03475 2841 



Digitized by the Internet Archive 

in 2011 with funding from 

California State Library Califa/LSTA Grant 



http://www.archive.org/details/minutespo1976sanf 



7 JANUARY 1976 



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REGULAR Mi 



STING 



DOCUMENTS 

JAN 1 6 1976 



SAN FRANCISCO 
PUBLIC LIBRARY 



The.gJpolice Commission of the City and 
County of^an Francisco met in their chambers 
Room 551, Hall of Justice, 850 Bryant Street, 
on Wednesday, January 7, 1976 at 1730 hours, 
in regular session. 



PRESENT: Commissioners Garner, Cardoza, Buckley 



Commissioner Buckley presiding, 



The members of the Commission, having 
been furnished copies of the minutes of the meet- 
ing of December 29, 1975, reading of same was 
dispensed with and the minutes were approved. 



AYES: Commissioners Garner, Cardoza, Buckle; 



RECOMMENDATIONS OF THE TRAFFIC BUREAU 



APPROVED 



RESOLVED, that the recommendations of the 

Traffic Bureau on the installation of zoning for the 

regulation of traffic on the public streets, be, and 
the same are hereby approved. 



1350-43rd AVENUE - SAN FRANCISCO UNIFIED SCHOOL DIST 



s) At 1350 - 43rd Avenue, revoke existing 
120' white zone. 



At 1350 - 43rd Avenue, install a 51' 
white zone, to extend from 27' - 78' 
north of the south property line. 



c) At 1350 - 43rd Avenue, install a 13! 
white zone, to extend south of the 
north property line. 



d) Permission to display portable No 
Parking signs in conjunction with 
this white zone. 



(A request will be made to the Department of 
Public Works to install signs, reading "No 
Stopping - Bus Zone 7 A.M. - 4 P.M.") 



2798 SCOTT STREET - SAN FRANCISCO WATER DEPARTMENT 



a) At 2798 Scott Street, install a 24' red 
zone, to extend south of Green Street. 



1004 GUERRERO STREET - L0UFA3 BROS. FRUIT MARKET 



a) At 1004 Guerrero Street, install a 40' 
green zone, to extend from 21' - 6l' 
south of 22nd Street . 



3700 SACRAMENTO STREET - PRESIDIO PROPERTIES, LTD 



a) At 3700 Sacramento Street, install a 
37' white zone, to extend west of 
Spruce Street . 



b) Permission to display portable No 

Parking signs in conjunction with this 
white zone . 



AYES: Commissioners Garner, Cardoza, Buckley 



REVOKED 



RESOLVED, that the recommendations of the 
Traffic Bureau on the revocation of 329 feet of 
white, green and yellow zones at various parts of 
the City at the locations submitted, be, and the same 
are hereby approved. 



AYES: Commissioners Garner, Cardoza, Buckley 



RESOLUTION NO. 1-76 



ALNETTA BAILEY 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Alnetta 
Bailey against the City and County of San Francisco 
in the sum of $45-50 as the result of damages sus- 
tained, be, and the same is hereby approved. 



Date of Incident: August 29, 1975 

AYES: Commissioners Garner, Cardoza, Buckley 



- 3 - 



RESOLUTION NO. 2-76 



JAMES C. BROWN 



RESOLVED, that the recommendation of 
the City Attorney for settlement of the claim 
of James C. Brown against the City and County 
of San Francisco in the sum of $27-50 as the 
result of damages sustained, be, and the same 
is hereby approved. 



Date of Incident: August 21, 1975 

AYES: Commissioners Garner, Cardoz i, Buckley 



RESOLUTION NO. 3-76 



KEN E. KINDRED 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Ken 
E. Kindred against the City 'and County of San Francisco 
in the sum of $18.00 as the result of a faulty tow, be, 
and the same is hereby approved. 



Date of Incident: August 25, 1975 

AYES: Commissioners Garner, Cardoza, Buckley 

RESOLUTION NO. H-J6 

REQUEST FOR SUPPLEMENTAL APPROPRIATION 



RESOLVED, that the Controller be, and he 
is hereby requested to draw a Supplemental Appropria- 
tion Ordinance in the amount of $59,930 from any fund 
designated by the Mayor or Controller, and credit it 
to the following appropriation in the amount indicated 



Appropriation No. 5.161.120.019.000 

Differential Pay-Uniform Force $59,930 



in order to provide funds for uniform personnel working 
in like work/like pay capacity. 



AYES: Commissioners Garner, Cardoza, Buckley 



- 4 - 



PERMISSION TO ACCEPT A REWARD - APPROVED 



The request of Police Officer Robert 
Barry, Central Police Station, for permission 
to accept an unsolicited reward of $50.00 from 
the San Francisco Newspaper Printing Company for 
the capture and arrest of two suspects vandal- 
izing newspaper racks, be, and the same is hereby 
approved. 



AYES: Commissioners Garner, Cardoza, Buckley 



RESOLUTION NO. 5-76 



EXPRESSING INTENT TO APPROVE BUDGET ITEMS IN THE 
POLICE DEPARTMENT'S ANNUAL BUDGET FOR THE SUBSE- 
QUENT THREE FISCAL YEARS FOR THE INSTALLATION AND 
IMPLEMENTATION OF A RELIABLE COMPUTER ASSISTED 
DISPATCH SYSTEM. 



WHEREAS, the primary objectives of a computer 
assisted dispatch system are to reduce response time 
and produce useful management reports; and, 

WHEREAS, the development and implementation 
of a computer assisted dispatch system constituted 
the principal justification for the Law Enforcement 
Assistance Administration funding of the new communi- 
cations facility; and 

WHEREAS, it was incumbent upon the Police 
Department to have the computer assisted dispatch 
system programmed on existing City resources, prior 
deletion of funds by the City's approving authorities 
for the acquisition of additional Police dedicated 
resources notwithstanding; and 

WHEREAS, said computer assisted dispatch 
system within the communications center Is not opera- 
tional due to serious defects in transaction turnaround 
time and in the reliability of the overall operating 
system, system and application software as character- 
ized by frequent failures and slow program recovery; and 



WHEREAS, it is the current concensus that 
the aforementioned computer assisted dispatch system 
can never be reliably operational under the present 
IBM 370/CABLE hardware and communication software 
configuration; now, therefore be it 

RESOLVED, that the Board of Supervisors 
intends to approve those items in the Police Depart- 
ment's annual budgets for the subsequent three fiscal 
years in an approximate total amount of $788,000 to 
include the cost of financing for the acquisition of 
dedicated facilities, final conversion and software 
development, equipment installation, program testing, 
cutover, and documentation of an operational and 
reliable computer assisted dispatch system; and, be 
it 

FURTHER RESOLVED, -that copies of this 
Resolution be forwarded to His Honor, the Mayor, 
with the expressed hope that all necessary actions 
be taken to realize its intent. 

AYES: Commissioners Ganrer, Cardoza, Buckley 



RESOLUTION NO. 6-76 

RECOMMENDATIONS OF THE AWARDS COMMITTEE - APPROVED 

RESOLVED, that the following-named members 
of the Police Department, be, and they are hereby 
granted Awards of Valor, Gold Medal, Silver Medal, and 
Bronze Medal under the provisions of Section 5.H9 of 
the Rules and Procedures of the San Francisco Police 
Department as approved by the Awards Committee on Mon- 
day, January 5, 1176: 

Police Officer Joseph P. Curtin Gold Medal Of Valor 
Police Officer Thomas P. O'Connell Gold Medal of Valor 
Inspector John Peter Otten Silver Medal of Valoi 



6 - 



*Police Officer Robert' J. Brodnik Silver Medal of Valor 

Police Officer Lee A. McVeigh Silver Medal of Valor 

*Police Officer John L. Sheveland Silver Medal of Valor 

Police Officer Karl R. Strom Silver Medal of Valor 

Police Officer Stephen R. Wolf Silver Medal of Valor 

Lieutenant Raymond D. White Bronze Medal of Valor 

Inspector Benjamin D. Luttringer Bronze Medal of Valor 

Assistant Inspector Christopher 

B. Sullivan Bronze Medal of Valor 

Assistant Inspector Donald P. 

Kennealy Bronze Medal of Valor 

Assistant Inspector George E. 

Matelli Bronze Medal of Valor 

Assistant Inspector James J. 

Molinari Bronze Medal of Valor 

Police Officer Stephen N. Bosshard-Bronze Medal of Valor 

Police Officer Gregorio Corrales Bronze Medal of Valor 

Police Officer Bob C. Davis ■ Bronze Medal of Valor 

Police Officer Daniel J. Foley Bronze Medal of Valor 

Police Officer Gerald R. Golz Bronze Medal of Valor 

Police Officer Richard E. Hargens Bronze Medal of Valor 

Police Officer Kenneth E. Hartman Bronze Medal of Valor 

Police Officer Robert C. Hernandez-Bronze Medal of Valor 

Police Officer David W. Horton Bronze Medal of Valor 

Police Officer Robert J. Keays Bronze Medal of Valor 

Police Officer Herbert E. Lockner Bronze Medal of Valor 

Police Officer Terence M. Merlo Bronze Medal of Valor 

Police Officer Joaquin G. Santos Bronze Medal of Valor 

Police Officer Richard G. Sheehan Bronze Medal of Valor 

Police Officer Robert L. Vitali Bronze Medal of Valor 

Police Officer Gregory W. Winters Bronze Medal of Valor 

* Changed from Bronze Medal of Valor to Silver Medal of 
Valor on recommendation of the Police Commission. 

AYES: Commissioners Garner, Cardoza, Buckley 



RESOLUTION NO. 7-76 

REWARDS GRANTED TO MEMBERS OF THE POLICE DEPARTMENT 



WHEREAS, the following-named members of 
the Police Department have been commended for cour- 
ageous service under the provisions of Section 5.119 
of the Rules and Procedures of the San Francisco 
Police Department at a meeting of the Awards Committee 
held on Monday, January 5, 1976; and 



WHEREAS, Chief of Police Donald M. Scott 
has recommended to the Police Commission that the 
said members be rewarded under the provisions of 
Section 8.405(a) of the Charter of the City and County 
of San Francisco; therefore be it 



RESOLVED, that Police Officers Joseph P. 
Curtin and Thomas P. O'Connell, be, and they are 
hereby awarded Gold Medals of Valor and granted a 
reward of ^4 00 each as provided for under said section 
of the Charter; and be it further 



RESOLVED, that Inspector John Peter Otten, 
Police Officers Robert J. Brodnik, Lee A. McVeigh, 
John L. Sheveland, Karl R. Strom, and Stephen R. Wolf, 
be, and they are hereby awarded Silver Medals of Valor 
and granted a reward of $100 each as provided for under 
said section of the Charter; and be it further 

RESOLVED, that Lieutenant Raymond D. White, 
Inspector Benjamin D . Luttringer , Assistant Inspectors 
Christopher B. Sullivan, Donald P. Kennealy, George E. 
Matelli, James J. Molinari, Police Officers Stephen 
N. Bosshard, Gregorio Corrales, Bob C. Davis, Daniel 
J. Foley, Gerald B. Golz, Richard E. Hargens, Kenneth 
E. Hartman, Robert C. Hernandez, David W. Horton, 
Robert J. Keays, Herbert E. Lockner, Terence M. Merlo, 
Joaquin G. Santos, Richard G. Sheehan, Robert L. 
Vitali, and Gregory W. Winters, be, and they are hereby 
awarded Bronze Medals of Valor and granted a reward of 
$50 each as provided for under said section of the 
Charter . 



AYES: Commissioners Garner, Cardoza, Buckley 



WEEKLY SICK REPORT 

Chief of Police Donald M. Scott, submitted 
a report of members of the Department off duty due to 
sickness and disability for the week ending Saturday, 
January 3, 1976, at 2^00 hours, as follows: 



- 8 - 



Daily average for the week, sick 48 

Daily average for the week, disabled 93 

TOTAL l4l 

Daily percentage for the week, sick 2.47 

Daily percentage for the week, disabled 4.98 

TOTAL 7.45 
The report was ordered filed. 

AYES: Commissioners Garner, Cardoza, Buckley 
RESOLUTION NO. 8-76 



HEARING OF SERGEANT WILLIAM S. SISACK, CENTRAL POLICE 
STATION. 



WHEREAS, the hearing of Sergeant William 
S. Sisack was called, it having been set for this 
date; and 



WHEREAS, Mr. James Martin Maclnnes, attorney 
for Sergeant William S. Sisack, Central Police Station, 
has requested a continuance of the hearing before the 
Police Commission as previous commitments have pre- 
vented him from devoting time and attention to this 
matter; therefore be it 



RESOLVED, that the date for the hearing of the 
disciplinary charges filed against Sergeant William S. 
Sisack, is set for Wednesday, January 28, 1976 at 5:30 
p.m., in Room 551, Hall of Justice. 



AYES: Commissioners Garner, Cardoza, Buckley 



STATEMENT BY MARVIN E. CARDOZA, SAN FRANCISCO POLICE 
COMMISSION 



Today is the first official day of the re- 
tirements of Chief of Police Donald M. Scott, Chief of 
Inspectors Charles A. Barca and Director of Traffic L.J 

Edward B. Cummins. 



r 1 



San Francisco has been fortunate, indeed, 
to have had the services of these gentlemen. Their 
retirements bring to a close more than a century of 
combined experience in law enforcement. They are 
truly outstanding professionals whose courageous 
and dedicated service to the people of San Francisco 
will be sorely missed. 

By reasons of temperament and intellect 
they had chosen long ago a career which was at the 
outset a difficult and demanding one. Their profession 
insists on high ethical and moral standards, unselfish 
devotion and dedication to the protection of humanity. 
And to that end, they have served our city and its 
citizens well. 

It's a tough job and no one has to be In law 
enforcement. Yet I'd like to believe that those of us 
who are in law enforcement also believe in the dignity 
of the law and are dedicated to doing the best job. 

We are especially proud of these men who 
have done such an outstanding job. Let the records 
of this commission meeting show our appreciation for 
the fine work they have performed during their distin- 
guished careers with the San Francisco Police Depart- 
ment . 

Looking ahead I believe it's important to 
emphasize, in view of these officers' dedicated service, 
that we must continue to seek support from all our 
citizens in fighting crime. Police Officers alone 
can-not do the job. The support and respect of our 
citizens is vital. Without it police are waging a 
losing battle . 

The real issue in meeting the varied chal- 
lenges of today's sophisticated and ever changing 



- 10 - 



society must be to make the streets of San Francisco 
safe for all citizens. Law enforcement is everybody's 
business. Through a strong relationship of mutual trust 
and respect, everyone can win. 

To each of these gentlemen and their families 
go our best wishes for an abundance of health, happiness 
and prosperity in the coming years. 

Thank you for a job well done. 



STATEMENT BY DEPUTY CHIEF OF POLICE WILLIAM J. KEAYS . 

Mr. President, I'd like to add an item to 
the calendar. 

I would like to say, on behalf of all police- 
men in the San Francisco Police Department, police 
women, all the employees, that I really think the 
three of you have done a great job. I think all of 
you are just fine gentlemen. You're calm, you're 
dignified, you give us a lot of prestige, you've 
given us a lot of backing, and I'd like to say that 
I consider that always you would be homorary police- 
men in the San Francisco Police Department — and 
that and five dollars will fix any tag. 



STATEMENT MY MR. STEPHEN BRUCE BLEY, ATTORNEY FOR 
SAN FRANCISCO POLICE OFFICERS' ASSOCIATION 



I would like to, on behalf of the San 
Francisco Police Officers' Association, second the 
very apropos and proper statement that Commissioner 
Cardoza has made. 



■•u.J 



- 11 - 



I think all members of the San Francisco 
Police Department feel as you gentlemen do that those 
three gentlemen have been a great asset both to the 
Department and to the well-being of the City and 
County of San Francisco, and I'd like the official 
record to reflect that. 



HEARING OF SERGEANT CLIFFORD T. WATTS, NORTHERN 
POLICE STATION 



The hearing of Sergeant Clifford T. Watts, 
Northern Police Station, was called, it having been 
set for this date. Sergeant Clifford T. Watts was 
charged wtih violating the Rules and Procedures as 
follows : 



SPECIFICATION NO. 1 



While on duty, being under the 
influence of intoxicating liquor. 
(Violation of Section 2.125 of the 
Rules and Procedures of the San 
Francisco Police Department) 



in a properly verified complaint by Joseph M. Flynn, 
Captain of Police, Commanding Officer of Northern 
Police Station. 



Sergeant Clifford T. Watts appeared in 
person and was represented by Mr. Stephen Bruce Bley, 
Attorney at Law. 



Director of Personnel, Captain George Eimil, 
appeared as the Prosecutor for the Police Department. 



The reading of the Charges was waived. 



Sergeant Clifford T. Watts entered a plea 
of "guilt;.'" to Specification No.l. 



The following named witnesses appeared for 
the Prosecution, were sworn and testified: 



Lieutenant Willis A. Casey 
Personnel and Training 

Police Officer John F. Devine 
Special Assistant to Director of 
Personnel and Training 



- 12 - 



A closing statement was then presented by 
Mr. Stephen Bruce Bley, Attorney at Law. 



The Commission took the matter under sub- 
mission and then recessed from 1808 hours to 1823 
hours after which the following resolution was adopted: 



RESOLUTION NO. 9-76 



DECISION - HEARING OF SERGEANT CLIFFORD T. WATTS, NORTHERN 
POLICE STATION. 



WHEREAS, on December 23, 1975, Joseph M. 
Flynn, Captain of Police, Commanding Officer of 
Northern Police Station, made and served charges against 
Sergeant Clifford T. Watts, as follows: 



SPECIFICATION NO. 



That the accused, on Thursday, 
18 December 1975, at or about 
2250 hours, was observed by his 
superior officer in a place com- 
monly known as the "Embassy Club," 
600 Polk Stree-t; 



b) Subsequently, the accused was 

ordered to report to the Northern 
Police Station, where he was ordered 
to submit to a Breathalyzer test; 



c) The Breathalyzer test indicated that 
the per cent of blood alcohol was 
.16 and .15 in separate tests; 



d) Because of the above-stated conduct, 
the accused did violate Section 
2.125 of the Rules and Procedures 
of the San Francisco Police Depart- 
ment, which reads as follows: 



"Shall not, while on duty or in 
uniform, drink any kind of in- 
toxicating liquor or whether on 
or off duty be under the influence 
of intoxicating liquor to such an 
extent that he will not always be 
prepared to exercise police powers 



¥ 



and be entrusted with the performance . ELi 

of police duty in a calm, deliberate 
and efficient manner." 



and 



- 13 - 



WHEREAS, a hearing on said charges was had 
before the Police Commission pursuant to Section 8.3^3 
of the Charter of the City and County of San Francisco 
on Wednesday, January 7, 19 76, and that on Wednesday, 
January 7, 1976, the matter was submitted to the Police 
Commission for decision; and 



WHEREAS,. the Police Commission finds that the 
said charges made and filed against Sergeant Clifford 
T. Watts, Northern Police Station, as contained in 
Specification No. 1, are sustained by the evidence 
presented at the hearing and that Sergeant Clifford 
T. Watts did violate Section 2.125 of the Rules and 
Procedures of the San Francisco Police Department; 
therefore be it 



RESOLVED, that it is the order. of the Police 
Commission that Sergeant Clifford T. Watts has violated 
Specification No. 1, Section 2.125, of the Rules and 
Procedures of the San Francisco Police Department, and 
for said violation he shall be suspended for a period of 
twenty (20) calendar days without pay, commencing Fri- 
day, December 19, 1975 at 0001 hours, and terminating 
on Wednesday, January 7, 1976 at 2 ^400 hours, and that 
he be placed on a one (1). year probationary status com-' 
mencing Thursday, January 8, 1976, at 0001 hours; and 
be it further 



RESOLVED, that it is the order of the Police 
Commission that Sergeant Clifford T. Watts, participate 
in the Police Department's Alcoholic Abuse Program and 
that Police Officer John F. Devine, Special Assistant 
to Director of Personnel and Training, and Sergeant 
Clifford T. Watts are to report back to the Police Com- 
mission on January 12, 1977, with a report on Sergeant 
Watt's progress and condition. If Sergeant Watt's re- 
cord is clean his probationary period will be terminated, 



Recess taken in the hearing 

of Sergeant Watts: 

1808 hours to 1823 hours. 

AYES: Commissioners Garner, Cardoza, Buckley 

(The entire proceedings were taken 
in shorthand form by Hearing Reporter 
Dorsey A. McTaggart, C.S.R.) 



STATEMENT BY MR. STEPHEN BRUCE BLEY, ATTORNEY FOR 
SAN FRANCISCO POLICE OFFICERS' ASSOCIATION 



I would like the record to reflect, on behalf 
of myself and on behalf of the Police Officers' Associa- 
tion, my gratitude to you three gentlemen. I would 
hope that I would see you here next Wednesday night and 



_ m _ 



that this is not the last supper. 

I would like to thank all three of you for 
the kindnesses you've shown everyone who appears be- 
fore you. 

I have not always agreed with you and you 
rarely agree with me, but I do respect all of you 
gentlemen for the patience and courtesy, and I know 
the deep searching that you all do before yOu make a 
ruling. It's difficult for defense counsel, whether 
criminal, civil, or any other field, to always remain 
calm and dispassionate when he finds clients being 
held responsible for acts which he feels personally 
they are not responsible, but perhaps that's why we 
have a system whereby there must be a judge and/or jury, 
But at no time have I ever felt that the three of you 
gentlemen haven't given your best effort to reach the 
decision you've reached, and I would like the record 
to reflect that all three of you are highly respected 
and esteemed throughout the Police Department and 
administration of the Police Officers' Association 
and personally by myself. 

It's not an easy job you have. You receive 
abuse from all sectors and rarely receive any kind of 
commendation or gratitude from any other section, but 
it's a job, as being a policeman, a job that must be 
done, and I would love to see you gentlemen back here 
next week. 

I'm becoming quite shell-shocked from appear- 
ing in front of you, but if you are not here I would 
like you to at least leave my last presentation here 
with the knowledge that I appreciate all the efforts 



- 15 - 



you've done for the betterment of San Francisco, 
and I know in your eyes and heart helping those 
officers who appear before you. 
Thank you, gentlemen. 



The Commission then adjourned its meeting. 



SECRETARY 




- 16 - 

12 JANUARY 1976 SPECIAL MEETING 



D0CUMENI6 

JAN 1 9 1976 



SAN FRANCISCO 
PUBLIC L.I3RARY 



San Francisco Mayor George R. Moscone, 
in appointing the new Police Commission, said 
"After reviewing the recc mmendations of the Morri- 
son Committee for positions on the Police Commission, 
I have chosen these five San Franciscans to serve 
because of their varied backgrounds and common in- 
terest in the important field of law enforcement. 
I said throughout my campaign for Mayor and in my 
inaugurual address that my administration would 
waste no time in addressing ourselves to the grow- 
ing problem of violent crime in our City. 

He .then introduced Richard Joseph Siggins, 
a San Francisco attorney and partner in the law firm 
of Gudmundson, Siggins and Stone; Herman E. Gallegos, 
President of U.S. Human Resources Corporation and 
Board Member of Pacific Telephone and Telegraph Com- 
pany; Reverend James Austell Hall, Minister of Bethel 
African Methodist Episcopal Church in San Francisco; 
Jane McKaskle Murphy, President of the Democratic 
Women's Forum of San Francisco; and Judith Ciani, San 
Francisco attorney. 

He stated that the three men would be sworn 
in at this time and because Proposition D did not take 
effect until January 15, 1976, the women would be 
sworn in on that particular date. He then adminis- 
tered the appointments to the three commissioners. 



POLICE COMMISSIONER APPOINTED 



The Hon. Richard J. Siggins, having been 
appointed Police Commissioner for the City and 
County of San Francisco by His Honor, Mayor George 
R. Moscone, was sworn in by His Honor, Mayor George 
R. Moscone in the Police Commission Meeting Room 
Rooom 551, Hall of Justice, 850 Bryant Street, 
on Monday, 12 January • 1976 . 

His appointment as Police Commissioner 
reads as follows: 

POLICE COMMISSIONER RICHARD J. SIGGINS 

THE CITY AND COUNTY OF SAN FRANCISCO 

STATE OF CALIFORNIA 

To all whom these presents shall come, Greeting: 

Reposing special confidence in the fidelity 
and ability of Richard J. Siggins, I do, by these 
presents, by virtue of the authority vested in me 
by the Charter of the City and County of San Francisco 
he to hold office for the term ending 15 January 1976 
from and after the twelfth day of January 1976 vice 
Marvin E. Cardoza, resigned. 

In testimony whereof, I have signed 
my name and have caused the seal of my 
office to be affixed hereto this 12th 
day of January 1976. 

(Signed) George R. Moscone 

MAYOR 



(SEAL) 

Attest: Bernard D. Teitelbaum 

Executive Secret ary to the Mayor 

The certificate of appointment was ordered 
spread upon the minutes of the Commission. Commissioner 
Siggins then took his seat as Police Commissioner of 
the City and County of San Francisco. 



POLICE COMMISSIONER APPOINTED 



The Hon. Herman E. Gallegos, having been 
appointed Police Commissioner for the City and 
County of San Francisco by His Honor, Mayor George 
R. Moscone, was sworn in by His Honor, Mayor George 
R. Moscone, in the Police- Commission Meeting Room, 
Room 551, Hall of Justice, 850 Bryant Street, 
on Monday, 12 January 1976. 

His appointment as Police Commissioner 
reads as follows: 

POLICE COMMISSIONER HERMAN E. GALLEGOS 

THE CITY AND COUNTY OF SAN FRANCISCO 

STATE OF CALIFORNIA 

To all whom these presents shall come, Greeting: 

Reposing special confidence in the fidelity 
and ability of Herman E. Gallegos, I do, by these 
presents, by virtue of the authority vested in me 
by the Charter of the City and County of San Francisco, 
appoint him a member of the Police Commission in and 
for the City and County of San Francisco he to hold 
said office for the term ending January 15, 1977 from 
and after the twelfth day of January 12, 1976 vice 
Robert E. Buckley, resigned. 

In testimony whereof, I 
have signed my name and have 
caused the seal of my office 
to be affixed hereto this 12th 
day of January 1976. 



(Signed) George R. Moscone 

MAYOR 

(SEAL) 

Attest: Bernard D. Teitelbaum 

Executive Secretary to the Mayor 

The certificate of appointment was ordered 
spread upon the minutes of the Commission. Commissioner 
Gallegos then took his seat as Police Commissioner of 
the City and County of San Francisco. 



- 18 - 



POLICE COMMISSIONER APPOINTED 



The Hon. Reverend James A. Hall, having 
been appointed Police Commissioner for the City 
and County of San Francisco by His Honor, Mayor George 
R. Moscone, was sworn in by His Honor, Mayor George 
R. Moscone in the Police Commission Meeting Room, 
Room 551, Hall of Justice, 850 Bryant Street, 
on Monday, 12 January 1976. 



p*« 



reads at 



His appointment as Police Commissioner 
follows : 



POLICE COMMISSIONER REVEREND JAMES A. HALL 



THE CITY AND COUNTY OF SAN FRANCISCO 

STATE OF CALIFORNIA 

To all whom these presents shall come, Greeting: 

Reposing special confidence in the fidelity 
and ability of Reverend James A. Hall, I do, by these 
presents, by virtue of the authority vested in me by 
the Charter of the City and County of San Francisco, 
appoint him a member of the Police Commission in and 
for the City and County of San Francisco he to hold 
said office for the term ending 15 January 1978, from 
and after the 12th day of January 1976 vice Washington 
E. Garner, resigned. 

In testimony whereof, I have 
signed my name and have caused the 
seal of my office to be affixed 
hereto this 12th day of January 
1976. 



(Signed) George R. Moscone 

MAYOR 

(SEAL) 

Attest: Bernard D. Teitelbaum 

Executive Secretary to the Mayor 

The certificate of appointment was ordered 
spread upon the minutes of the Commission. Commissioner 
Hall then took his seat as Police Commissioner of the 
City and County of San Francisco. 



ROLL CALL: 



PRESENT: 'Commissioners Gallegos, Hall, Slggins 



-IR- 



RESOLUTION NO. 11-76 . 



ELECTION OF ACTING PRESIDENT- OF THE POLICE COMMISSION 
FOR THE YEAR 1976 



O11 motion of Commissioner- Gallegos and 
seconded by Commissioner Hall, the following resolution 
was adopted: 

RESOLVED, that Richard J. Siggins be, and 
he is hereby elected Acting President of the Police 
Commission of the City and County of San Francisco; 

AYES: Commissioners Gallegos, Hall 

NOT VOTING: Commissioner Siggins 

Commissioner Siggins then took his seat as 
Acting President of the Police Commission. 

Commissioner Siggins presiding. 

STATEMENT OF COMMISSIONER RICHARD J. SIGGINS 

Charter Section 3-532 provides that the police 
commission shall appoint a Chief of Police who shall 
hold office at its pleasure. 

This police commission has been appointed 
only within the past few days. But during the time 
that the present Mayor was in the process of making 
his selections to the potential five vacancies on this 
Commission he also set about the task of interviewing, 
screening and seeking information in order to make a 
strong recommendation to this new police commission 
of the name and identity of a Chief of Police. 

I would like to announce that this Commission, 
those of us who have just commenced our terms and those 
who will begin their terms on or about January 15, 1976 
have been advised by Mayor Moscone that his recommenda- 
tion for the new Chief of Police is San Francisco Under- 
sheriff Charles R. Gain. 

As appointees Lo this police commission we 
have been informed by the Mayor of the reasons behind 



- 20 - 



his recommendation. We have reviewed with the Mayor 
the career of Charles Gain as a law enforcement officer 
within the State of California and in other states 
within this country. 

We have informed ourselves of his work 
history with the Oakland Police Department where 
he was appointed to the Civil Service rank of Patrol- 
man in February 19^7, appointed to sergeant from .the 
Civil Service list in August 1953, appointed to lieu- 
tenant from the Civil Service list in May, 196l. 

Charles Gain was appointed deputy chief of the 
Oakland Police Department in September, 1963. He served 
four years as deputy chief. On September 1967 he was 
appointed Chief of Police of the Oakland Police Department 
Police Chief Gain retired from that position on November 
9, 1973 — He retired as Chief of Police from the 
Oakland Police Department 26 years after he began in 
that department as a patrolman. Charles Gain is pre- 
sently 52 years of age. 

The record of this meeting should further show 
that while Chief of Police of the City of Oakland he 
was granted a leave of absence to go to Seattle, at the 
request of the Mayor of the City of Seattle, and did 
become the acting Chief of Police of Seattle in order 
to lend his talents to solve certain problems in that 
city. 

Charles Gain has served as a consultant to 
the police departments of urban cities in the states 
of -Connecticut, Ohio, Iowa, Massachusetts and New 
Mexico . 



- 21 - 



He lias served as Public Safety Administrator 
in St. Petersbury, Florida. This involves administra- 
tion of a Public Safety Agency consisting of the Police 
Department, Fire Department, Civil Defense, Licensing 
and other departments. 

He has been a member of the Advisory Council 
to the School of Criminology of the University of 
California at Berkeley. He has been acting Assistant 
City Manager of the City of Oakland. 

He has been advisor to national commissions 
concerning civil disorders, law enforcement and admin- 
istration of justice. He has lectured in major colleges 
and universities, and he has published authoritative 
articles on such subjects as police management, handling 
of citizen complaints, police-community cooperation 
and other articles on the state-of-the-art in his pro- 
fession . 

It should be reflected in this record that 
four of the appointees to this Police Commission have 
been involved in an exhaustive interview with Charles 
Gain, said interview lasting in excess of three hours, 
some of which was in the presence of Mayor Moscone and 
some of which was outside the Mayor's presence -- that 
we covered in that interview ranges of subjects import- 
ant to us as Commissioners carrying out our obligations 
and wo covered subjects discussed by Mayor Moscone 
as goals that he demands be achieved by the police de- 
partment of tliis City. 

We know that the San Francisco Police Depart- 
ment, as any police department in any major City is to , 
be evaluated on how effective and efficient it is in 
addressing both crime and non-crime as it relates to 
the City. We are concerned that the resources of this 



- 22 - 



police department be utilized toward the reduction 
of violent crimes (murder, forcible rapes, aggravated 
assaults, robbery, burglary, theft, and so on down 
the line) that these violent crimes be reduced insofar 
as it is within the capability of the San Francisco 
Police Department to bring about that reduction. 

We are going to undertake a planned and 
orderly evaluation of all functions within the de- 
partment -- e.g. vice control, traffic control, planning 
and research, legal fund ions of the department -- for. 
the purposes of putting as much of our resources on the 
street . 

We anticipate that any change will be orderly 
and planned. 

I have referred to the efforts of Mayor Moscone 
to reach a decision for a nominee to be presented to 
this Commission. I can comment to you that those 
efforts were tireless. 

I have referred to the analysis and inter- 
view of the nominee made by the appointees to the 
Commission . 

I should further point out that we appointees 
consulted among ourselves - we are convinced that Charles 
R. Gain will bring to this department an attitude of 
excellence that will be felt for many years to come, 
and that he will continue to work toward our goals 
with the same efforts and talent that has earned him a 
national reputation, and that the goals of this com- 
mis.sion will be achieved. 

We have told Charles R. Gain that we would 
be appointing him forthwith to be the Chief of Police. 
He has pledged to us that he will not let us down. 



RESOLUTION WO. 10-7 6 



APPROVING IMMEDIATE PILLING OF VACATED POSITION OF 
CHIEF OF POLICE, SAN FRANCISCO POLICE DEPARTMENT, 
EFFECTIVE JANUARY 12, Li 



RESOLVED, that it is nereby recommended 
that the vacated position of Chief of Police of San 
Francisco be approved for immediate filling, as 
follows : 



RESOLVED, that pursuant to the provisions 
of Section 10, Subsection 7, of the Annual Appro- 
priation Ordinance, the immediate filling in the 
San Francisco Police Department of the vacated posi- 
tion of Donald M. Scott, Chief of Police, at an ann- 
ual salary of $44,832, vacated January 7, 1976, 
said filling of position to be effective January 12, 
1976, as requested by the appointing officer and re- 
commended by the General Manager, Personnel, and the 
Mayor, be, and it is hereby approved. 



Request Position Be 
Filled Immediately 



Recommendation Position 
Be Filled Immediately 



/s/ William J. Keays 
Department Head 



Mayor 



General Manger 
Personnel 



Approved As To Form: 
Thomas M. O'Connor 
City Attorney 



Funds Available 



By 



Deputy City Attorney 



Controller 



Appropriation No. 5.123.199-000 $ 21,732.24 



AYES: Commissioner;'. Gallegos, Hall, Siggins 



RESOLUTION No. 12-70 



CHARGES K. GAIN APPUlNTEl ' CHIEF OF POLICE 

The following resolution was presented by 
Commissioner Siggins and seconded by Commissioner 
Gallegos : 

RESOLVED, that Charles R. Gain, be, and he 
is hereby appointed Chief of Police of the San Francisco 
Police Department, effective Monday, 12 January 1976; and 
be it further 



- 2k - 



RESOLVED, that the Police Commission has 
great faith in the ability, courage and integrity 
of Charles R. Gain and is confident .that he will 
effectively fulfill his duties as Chief of Police 
in an efficient and trustworthy manner. 



AYES: Commissioners Gallegos , Hall, Siggins 



CHARLES R. GAIN APPOINTED CHIEF OF POLICE 



Pursuant to a resolution by the Police 
Commission at a special Meeting on Monday, 12 
January 1976, Richard J. Siggins, Acting President 
of the Police Commission, administered the oath of 
office to Chief of Police Charles R. Gain; said 
appointment to be effective as of Monday, 12 
January 1976. 



The Commission then adjourned its meeting 




- 25 ^ 



SFvrf-tJLU, (!/V)Hoa^U>/- AfttLiJkj 



•15 JANUARY 1976 



REGULAR MEETING 



HONORABLE MAYOR GEORGE R. MOSCONE APPOINTING THREE 
MEMBERS OF THE POLICE COMMISSION 



"Do you' Judith Ciani, Jane McKaskle Murphy and 
Richard Joseph Siggins solemnly swear that you and 
each of you will support and defend the Constitution 
of the United States and the Constitution of the 
State of California against all enemies foreign and 
domestic, that you will bear true faith in allegiance 
to the Constitution of the United States and the 
Constitution of the State of California, that you take 
this obligation freely and without any mental reser- 
vation or purpose of evasion and that you will loyally 
and faithfully discharge the duties upon which you 
are about to enter and during such time as you hold 
the office of a Commissioner of the Police Commission?" 



Richard Joseph Siggins: I do. 

Judith Ciani: I do. 

Jane McKaskle Murphy: I do. 

Mayor George R. Moscone: Please be seated, 



DOCUMENTS 

JAN 2 3 1976 



\N FRANCISCO 
JBLfC LIBRARY 



"Ladies and gentlemen, thank you very kindly. 
Some of you may wonder why this bifurcated procedure 
is taking place if you weren't present a week ago when 
we swore in three members of the commission. You might 
not have known that Proposition D which passed in the 
November 4th election provided that there would be an 
expansion of the police commission from three to five 
members mandating that at least one woman member of 
that commission and that the expansion was to take 
place on January 15th of 1976, so we were in the rather 
unusual situation of swearing in only three members 
thereof and today we are completing the compliment of five 
for this very extraordinary Commission. Secondly, if 
you were here you are really puzzled over the fact that 
Richard Joseph Siggins was not only sworn in last week 
but he was elected by his two colleagues as the chairman 
or the president of the board, and here he is again to- 
day being sworn in again. It isn't because he liked it 
so much, it is just because the particular position that 
he filled terminated as a matter of law just one week 
after he was first sworn in. He's done such an extra- 
ordinary job during that period of time that I've de- 
cided to reappoint him. Now that there are two new mem- 
bers, he will have to do his own campaigning to keep his 
chairmanship however. 



Thi 
that we have 
County of San 
ber 4th by th 
ctilar mandati 
to think that 
to that histo 
that we weren 
the electorat 



rdly > and 
set some 

Francisc 
e passage 
on of at j 

this new 
ry becaus 
it going 
e with re 



much more seriously Is the fact 
history today in the City and 
o as its taxpayers did on Novem- 

of Proposition D with the parti- 
least one female member. I'd like 

administration set another tone 
e we wanted to make very clear 
to grudgedly accept the will of 
spect to the prominence of women 



,26- 



in public office and so you find out only the mandation 
of one but the willing acceptance of no less than two 
members of this commission who are very clearly female. 
You will find these five personalities, in my opinion, 
the most sterling I think the most dedicated and I have 
absolutely every degree of certainty that the police 
department and those who work through the police depart- 
ment and the police commission with the kind' of trust 
and respect and dedication that that department in this 
city has a right to expect will find it in the delib- 
erations of these five members. I am terribly pleased 
that they are willing to accept this very difficult 
task and I wish them well. Good luck. 



POLICE COMMISSIONER RICHARD J. SIGGINS - REAPPOINTED 



Richard J. Siggins is duly reappointed by - 
His Honor Mayor George R. Moscone, as a Police Commis- 
sioner of the City and County of San Francisco vice 
himself, term expired, to hold office for the term 
ending January 15, 1980. 



His reappointment as Police Commissioner 
reads as follows : 



POLICE COMMISSIONER RICHARD J. SIGGINS 

THE CITY AND COUNTY OF SAN FRANCISCO 

STATE OF CALIFORNIA 

To all whom these presents shall come, Greeting: 

Reposing special confidence in the fidelity 
and ability of Richard J. Siggins, I do, by these pre- 
sents, by virtue of the authority vested in me by the 
Charter of the City and County of San Francisco re- 
appoint him a member of the Police Commission in and 
for the City and County of San Francisco he to hold 
said office for the term ending January 15, 1980 from 
and after the 15th day of January 1976 vice himself, term 



expired, 



In testimony whereof, I have 
signed my name and have caused 
the seal of my office to be 
affixed hereto this 15th day 
of January 1976 . 

(Signed) George R. Moscone 

MAYOR 



(SEAL) 

Attest: Bernard D. Teitelbaum 

Executive Secretary to the Mayor 



- 27 - 



The certificate of reappointment was 
ordered spread upon the minutes of the Commission. 



POLICE COMMISSIONER APPOINTED 



The Hon. Judith Cianl, having been appointed 
Police Commissioner for the City and County of San 
Francisco by His Honor, Mayor George R. Moscone, was. 
sworn in by His Honor, Mayor George R. Moscone in the 
Police Commission Hearing Room, Room 551, Hall of 
Justice, 850 Bryant Street, on Thursday, 15 January 
1976. 

Her appointment as Police Commissioner 
reads as follows: 



POLICE COMMISSIONER JUDITH CIANI 

THE CITY AND COUNTY OF SAN FRANCISCO 

STATE OF CALIFORNIA 

To all whom these presents shall come, Greeting: 

Reposing special confidence in the fidelity 
and ability of Judith Ciani, I do, by these presents, 
by virtue of the authority vested in me by the Charter 
of the City and County of San Francisco, appoint her a 
member of the Police Commission in and for the City and 
County of San Francisco, she to hold said office for the 
term ending 15 January 1980 from and after the 15th 
day of January 1976. 

In testimony whereof, I have 
signed my name and have caused 
the seal of my office to be 
affixed hereto this 15th day 
of January 1976. 

(Signed) George R. Moscone 

MAYOR 

(SEAL) 

Attest: Bernard D. Teitelbaum 

Executive Secretary to the Mayor 

The certificate of appointment was ordered 
spread upon the minutes of the Commission. Commissioner 
Clani then took her seat as Police Commissioner of the 
City and County of San Francisco. 



- 28 - 



POLICE COMMISSIONER APPOINTED 



The Hon. Jane McKaskle Murphy, having been 
appointed Police Commissioner for the City and County 
of San Francisco by His Honor, Mayor George R. Moscone 
was sworn in by His Honor, Mayor George R. Moscone 
in the Police Commission Hearing Room, Room 551, Hall 
of Justice, 850 Bryant Street, on Thursday, 15 January 
1976. 



Her appointment as Police Commissioner 
reads as follows: 



POLICE COMMISSIONER JAME MCKASKLE MURPHY 

THE CITY AND COUNTY OF SAN FRANCISCO 

STATE OF CALIFORNIA 

To all whom these presents shall come, Greeting: 

Reposing special confidence in the fidelity 
and ability of Jane McKaskle Murphy, I do, by these 
presents, by virtue of the authority vested in me by 
the Charter of the City and County of Sani. Francisco, 
appoint her a member of the Police Commission in and 
for the City and County of San Francisco, she to hold 
said office for the term ending 15 January 1980, from 
and after the 15th day of January 1976. 

In testimony whereof, I have 
signed my name and have caused 
the seal of my office to be 
affixed hereto this 15th day 
of January 1976. 

fopATN (Signed) George R. Moscone 

l ^ ALJ MAYOR 

Attest: Bernard D. Teitelbaum 

Executive Secretary to the Mayor 

The certificate of appointment was ordered 
spread upon the minutes of the Commission. Commissioner 
Murphy then took her seat as Police Commissioner of 
the City and County, of San Francisco. 

ROLL CALL: 



PRESENT: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 13-76 



ELECTION OF PRESIDENT OF THE POLICE COMMISSION 



On motion of Commissioner Ciani and seconded 



- 29 - 



by Commissioner Murphy, the following resolution was 
adopted: 

RESOLVED, that Richard J. Siggins be, and 
he is hereby elected President of the Police Commission 
of the City and County of San Francisco. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy 

NOT VOTING: Commissioner Siggins 
Commissioner Siggins presiding. 



The members of the Commission, having 
been furnished copies of the minutes of the meeting 
of January 12, 1976, reading of same was dispensed 
with and the minutes were approved. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RECOMMENDATIONS OP THE TRAFFIC BUREAU - APPROVED 



RESOLVED, that the recommendations of the 
Traffic Bureau on the instllation of zoning for the 
regulation of traffic on the public streets, be, and 
the same are hereby approved. 



5756 MISSION STREET - VIOLA SEED COMPANY 



a) At 5756 Mission Street, install a 38' 
green zone, to extend from 6' - 44 ' 
north of the crosswalk - 
(also 6' red north of the crosswalk). 



b) At #1 Laura Street, install a 22' 

green zone, to extend from 4' - 26' 
west of Mission Street . 



c) At 5791 Mission Street, revoke exist- 
ing 22' green zone. 



1741 POWELL STREET - PAGODA THEATRE 



a) At 1741 Powell Street, install a 19' 
white zone, to extend north of the 
south property line. 



, 



- 30 - 



b) Permission to display portable No 
Parking signs in conjunction with 
this white zone. 



c) Remove parking meter POWELL-1713. 



1701 LAGUNA & 1700 SUTTER STREET - CHRIST UNITED 

PRESBYTERIAN CHURCH 



a) At 1701 Laguna Street, install a 40' 
white zone, to extend from 15' - 55' 
north of Sutter Street. 



b) At 1700 Sutter Street, insta-11 a 20' 
white zone, to extend from 75' - 95' 
west of Laguna Street. 



c) Permission to display portable No 
Parking signs in conjunction with 
white zones. 



2073 QUESADA AVENUE - FLOWER HILL BAPTIST CHURCH 



a) At 2073 Quesada Avenue , install a 25' 
white zone, to extend west of the east 
property line. 



b) Permission to display portable No 

Parking signs in conjunction with this 
white zone. 



1830 SUTTER STREET - Y.W.C.A, 



a) At I83O Sutter Street, permission be 
granted to display portable No Parking 
signs in conjunction with the existing 
20' white zone. 



1001 STOCKTON STREET - ON LOK SENIOR HEALTH SERVICES 



a) AT 1001 Stockton Street, install a 20' 
white zone, to extend from 21' - 41' 
north of Washington. 



b) Permission to display portable No 
Parking signs in conjunction with 
this white zone. 



c) Remove parking meter STO-1003. 



31 - 



1000 & 1020 - 22nd STREET - CONSOLIDATED FIBRES INC 



a) At 1000 - 22nd Street, Install a 42' 
yellow zone, to extend from 36' - 78 ' 
west of the east property line. 



b) At approximately 1020-22nd Street, 

install an 18' yellow zone, to extend 
from 93' - 111' west of the east pro- 
perty line. 



(Driveway clearances will also be painted.) 
81 FREMONT STREET - BECHTEL CORP. 



a) At #33-41 Fremont Street, revoke exist- 
ing 90' yellow zone. 



b) At #51 - 53 Fremont Street, revoke exist- 
ing 30 ' yellow zone. 



c) At 8l Fremont Street, remove parking 
meters FRE-51 & 53. 



d) At 81 Fremont Street, install a 42' 

yellow zone, to extend from 80 ' - 122' 
north of Mission Street. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



REVOKED: 



RESOLVED, that the recommendations of the 
Traffic Bureau on the revocation of 333 feet of green 
and yellow zones at various parts of the City at the 
locations submitted, be, and the same are hereby ap- 
proved. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins. 



RESOLUTION NO. 14-76 



ELIAS ABUYAGHI 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Ellas 



- 32 - 



Abuyaghi against the City and County of San Francisco 
in the sum of $171.70 as the result of a collision) 
with a police vehicle, be, and the same is hereby 
approved. 



Date of Accident: October 6, 1975 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 






1 



RESOLUTION NO. 15^76 



RUDOLPH FENLEY 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Rudolph 
Fenley against the City and County of San Francisco 
in the sum of $22.50 as the result of a faulty tow, 
be, and the same is hereby approved. 



Date of Incident: September 12, 1975 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 16-76 



JAMES HOLLOWAY 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of James 
Holloway against the City and County of San Francisco 
in the sum of $42.50 as the result of a faulty tow, 
be, and the same is hereby approved. 



Date of Incident: September 6, 1975 

AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 17-76 



STANDARD OIL COMPANY 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Standard 
Oil Company against the City and County of San Francisco 






- 33 - 



in the sum of $110.52 'as the result of a collision 
with a police vehicle, be, and the same is hereby 
approved. 

On a motion made by Commissioner Siggins 
and adopted by the remaining Commissioners, Com- 
missioner Ciani was excused from voting on the above 
item. 



AYES: Commissioners Gallege, Hall, Murphy, 
Siggins 

NOT VOTING: Commissioner Ciani 



RETIREMENTS 



Communications were received from the 
Retirement Board officially notifying the Police 
Commission of the retirement of the following- 
named members of the Police Department: 



a) Chief of Police Donald M. Scott, for 
service, effective January 7, 1976. 



b) Chief of Inspectors, Charles A. Barca, 

Bureau., of Inspectors > for service, effec- 
tive January 7, 1976. 



c) Sergeant Andrew J. Farren, Administration, 
for service, effective Decmeber 27, 1975. 



d) Police Officer Edward D. Cantwell, Ingleside 
Police Station, for service, effective 
January 1, 1976. 



e) Police Officer Sam A. Dijanich, Police 
Pistol Range, for service, effective 
January 7, 1976. 



The communications were ordered filed 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO." 18-76 

REQUEST TO RELEASE UNALLOTTED BALANCE 

RESOLVED, that the Controller be, and he 
is hereby requested to release unallotted balance 



■ 



- 3^ - 






In the amount of $2,500 in Appropriation No. 5,161. 
219.000.000 (Maintenance and Repair - Communications 
Equipment) to cover pending encumbrance request for 
$10,000 00 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



TRANSFER OF JITNEY BUS PERMIT - APPROVED 



m 



The 
to operate a 
was called fo 
the official 
of ordinance 
feree appeare 
counsel. The 
ever right, 
transferor mi 
within-named 
the trans fere 
appropriate b 
by the Police 



matter of t 
jitney bus b 
r hearing, I 
newspaper in 
applying the 
d in persom 

Commission 
title, or in 
ght have to 
transferee ; 
e filing wit 
ond and/or i 

Code : 



he transfer of the right 

y the following-named person 

t having been advertised in 

accordance with the provisions 
reto. The transferor and trans- 
and were not represented by 
approved the transfer of what- 
terest that the within-named 
operate a jitney bus to the 
said approval contingent upon 
h the Police Commission the 
nsurance policy as provided 



TRANFEROR 



TRANSFEREE 



NO. OF PERMITS 



Benjamin J. Villanueva 
65 Sheridan Street 
San Francisco, Calif. 



Julius Fox 

1557 - Hth Avenue 

San Francisco, Calif, 



Route: Mission Street - Ferry to Sickles Avenue 



AYES: Commissioners Ciaini, Gallegos, Hall, 
Murphy, Siggins 



WEEKLY SICK REPORT 



Acting Chief of Police William J. Keays, 
submitted a report of members of the Department off 
duty due to sickness and disability for the week end- 
ing Saturday, January 10, 1976 at 2^400 hours, as follows 



Daily average for the week, sick 
Daily average for the week, disabled 

TOTAL 
Dally percentage for the week, sick 
Daily percentage for the week, disabled _ 

TOTAL 
The report was ordered filed. 

AYES: Commissioners Ciani, Gallegos, 
Murphy, Siggins 



62 
91 



157 

3.22 

5.08 



8.30 



Hall 






* 35 " 



INTRODUCTION OF STAFF TO BOARD OF POLICE COMMISSIONERS 



Captain William J. O'Brien, Department 
Secretary, introduced the following-named members 
to the new Board of Police Commissioners: 

Deputy Chief William J. Keays 

Acting Chief of Inspectors, Captain Mortimer F. Mclnerney 

Supervising Captain of Districts, Jeremiah P. Taylor 

Director of Personnel, Captain George Eimil 

Acting Director of Traffic, Captain Charles D. Korelec 

Director of Criminal Information, Captain Louis H. Feder 

Director of Community Relations, Rodney E. Williams 

Captain Hugh Elbert, Commanding Officer-Internal Affairs 

Captain William T. O'Connor, Commanding Officer - Public 

Affairs 
Captain Kevin J. Mullen, Commander - Mission Station 
Sergeant Willie E. Frazier, Secretary to Police Commission 
Dorsey A. McTaggart, Hearing Reporter 
Captain William J. O'Brien, Department Secretary 



HEARING OF POLICE OFFICER PETER GAMINO, MISSION 
POLICE STATION 



The hearing of Police Officer Peter Gamino, 
Mission Police Station, was called, it having been set 
for this date. Officer Gamino was charged with vio- 
lating the Rules and Procedures as follows: 



SPECIFICATION NO, 



Unofficerlike Conduct (Violation 
of Section 2.13 of the Rules and 
Procedures of the San Francisco 
Police Department) 



SPECIFICATION NO. 2 



Failure to Truthfully Answer Questions 
(Violation of Section 2.49 of the Rules 
and Procedures of the San Francisco 
Police Department) 



in a properly verified complaint by Kevin J. Mullen, 
Captain of Police, Commanding Officer of Mission Police 
Station. 



Police Officer Peter Gamino appeared in person 
and was represented by Mr. Stephen Bruce Bley, Attorney 
at Law . 



- 36 - 



Director of Personnel, Captain George 
Eimil, appeared as the Prosecutor for the Police 
Department . 



The reading of the Charges was waived , 



Police Officer Peter GaminO entered a plea 
of "not guilty" to Specifications No. 1 and No. 2. 



The following-named witnesses appeared for 
the Prosecution, were sworn and testified: 



Captain Kevin J. Mullen, Commanding Officer 
Mission Police Station 



Eddie M. Marti 

639 Guerrero Street 

San Francisco, California 



Dean Hall 

Mission Rebel Headquarters 
674 South Van Ness Avenue 
San Francisco, Calif. 



Sergeant Lawrence Gurnett 
Internal Affairs Bureau 



Sergeant Bill R. Taylor 
Internal Affairs Bureau 



Captain Mortimer F. Mclnerney 
Acting Chief of Inpsectors 



The following exhibits were entered into 
Evidence by the Prosecution: 






EXHIBIT NO. 1 - 



Diagram, 3' x 4' of rear and 
inside entrance of Mission 
Police Station. 



EXHIBIT NO. 2 - 



Photograph - Driveway of Mission 
Police Station. 



EXHIBIT NO. 3. - Photograph - Inside garage of 

Mission Police Station. 



EXHIBIT NO. 4. - Card marked, "Dotte, 282-4813" 

EXHIBIT NO. 5. - Photograph of parked radio car 

inside garage of Mission Police 
Station. 



i 



- 37 



EXHIBIT NO. 6. - 



Puka Shells attached to 8"x 11" 
sheet of paper with statement by 
Sergeant Gurnett and business 
card of Officer Edmund Pecinovsky 
attached . 



EXHIBIT NO. 7. - 



Close-up photograph of inside of 
Mission Police Station garage de- 
piciting sand bags in right corner 
and two scooters. 



EXHIBIT NO. 8. - 



Incident Report Form titled, "Warrant 
clear-up", dated October 16, 1975, 
prepared by Police Officer Peter 
Gamino . 



EXHIBIT NO. 9. - 



Transcript of an interview conducted 
by Sergeant Gurnett, Internal Affairs 
Bureau on October lh , 1975- 



The Commission then adjourned at 2225 hours, 
and the matter was continued to Wednesday, January 21 
1976 at 1730 hours, in Room 551, Hall of Justice. 



Recess: 1929 hours to 
19^5 hours. 

(The entire proceedings were taken 
in shorthand form by Hearing Reporter 
Dorsey A. McTaggart, C.S.R.) 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins . 



The Commission then adjourned its meeting, 




-■ 3f 



UOCUMtNTS 

JAN 2 i 

21 JANUARY 1976 ' REGULAR ME ETING 

~* k j ■ — — FU3LIC LIBRARY 

Th<^£olice Commission of the City and 
County of^&an Francisco met in their chambers, 
Room 551, Hall of Justice, 850 Bryant Street, 
on Wednesday, January 21, 1976 at 17 30 hours 
regular session. 



PRESENT: Commissioners Ciani, Gallegos, Hall 
Mur p h y , Si gg ins 



in 



Commissioner Siggins presiding. 



The members of the Commission, having 
been furnished copies of the minutes of the meet- 
ing of January 15, 1976, reading of same was dis- 
pensed with and the minutes were approved. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



Commissioner Ciani asked for the status of the 
report that she had called for at the last meeting 
on the feasibility of posting notices in the neigh- 
borhoods when there is a possibility of green, white, 
red and yellow zones to be painted at certain loca- 
tions . 

The secretary of the Police Commission stated that 
the Acting Director of Traffic, Captain Charles 
Korelec, had not completed this report but that 
it would be forthcoming in a day or two and avail- 
able for the next meeting:. 



RECOMMENDATIONS OF THE TRAFFIC BUREAU - APPROVED 



RESOLVED, that the recommendations of the 

Traffic Bureau on the installation of zoning for the 

regulation of traffic on the public streets, be, and 
the same are hereby approved. 



398 - 2*lth AVENUE - SANDY'S CLEANERS 



a) At 398 - 24th Avenue, install a 22' 
green zone, to extend from 3' - 25' 
north of Clement Street. 



1557 POLK STREET - FRIEDA MORRILL COMPANY 



a) At 1557 Polk Street, install a 22' 

white zone, to extend from 13' - 35' 
south of the crosswalk. 



b) Permission to display portable No Parkin,;; 
signs in conjunction with this white zone. 

c) Remove parking meter POLK-1535. 

2 5 8 FUNSTON AVENUE - SUTRO ELEMENTARY SCHOOL 



a) At 258 Funston Avenue, install a 162' 
white school bus zone, to extend from 
12' - 17V north of the south property 
line . 



b) Permission to display portable No Parking 
signs in conjunction with this white zone. 



c) At 258 Funston Avenue, revoke existing 
60 ' white zone . 

(The Department of Public Works will be requested 
to install signs, reading "No Stopping - Bus Zone 
7 A.M. - 4 P.M. School Days".) 



1541 TARAVAL STREET - EL TOREADOR RESTAURANT 



a) At 15^1 Taraval Street, install a 25' 
yellow zone, to extend from 6' - 31' 
east of the west property line. 



b) Remove parking meter TAR-1517 



925 CHENERY STREET - CHURCH OF SAINT JOHN THE 

EVANGELIST 



a) At 925 Chenery Street, revoke existing 
60' white zone. 



b) At 925 Chenery Street, install a 100' 
white zone, to extend from 5' - 105' 
east of Burnside Avenue. 



c) Permission to display portable No Parking 
signs in conjunction with this white zone 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



- '4 



REVOKED 



RESOLVED, that the recommendations of the 

Traffic Bureau on the revocation of 367 feet of 

white, yellow and red zones at various parts of 

the City at the locations submitted, be, and the 
same are hereby approved. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins. 



RESOLUTION NO. 19-76 
CHRISTOPHER D. SCOTT 



RESOLVED, that the recommendation of the 
City Attorney for settlement of unlitigated claim 
of Christopher D. Scott against the City and County 
of San Francisco in the sum of $933-79 as the re- 
sult of a collision with a police vehicle, be, and 
the same is hereby approved. 



Date of Accident: October 9, 1975 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 20-76 



UNITED SERVICES AUTOMOBILE ASSOCIATION 
AND DORRY C. HELLMAN 



RESOLVED, that the recommendation of the 
City Attorney for settlement of unlitigated claim 
of the United Services Automobile Association and 
Dorry C. Hellman against the City and County of 
San Francisco in the sum of $500. 6l as the result 
of damages sustained, be, and the same is hereby 
approved . 



Date of Incident: June 7, 1975 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



PERMISSION TO TAKE LEAVES OF ABSENCE - APPROVED 
Requests of the following-named members 



of the Department for permission to take Leave 
of Absence: 



MILITARY LEAVES - WITH PAY 



a) Police Officer Robert Crosat, Southeast Police 
Station, for five days, December 8, 1975 to 
December 12, 1975, inclusive. 



b) Police Officer Joseph P. Kennedy, Central 
Police Station, for six days, December 7, 
1975 to December 12, 1975, Inclusive. 



AYES: Commissioners Ciani , Gallegos , Hall, 
Murphy, Siggins 



Commissioner Murphy requested to let the records 
show that the above items 5(a) and 5(b) was a 
waste of time and that sometime in the near future 
It should be examined and determined if it is nec- 
essary by Charter or any other rule for it to come 
before the Police Commission for approval. 



Captain O'Brien spoke In regards to Item No. 6, a 
Supplemental Appropriation to fund Police Cadets 
for the remainder of fiscal year 1975/76. There 
was a lengthy discussion in regards to this matter 
with the Commissioners unanimously approving the 
request as follows: 



RESOLUTION NO. 21-76 



REQUEST FOR A SUPPLEMENTAL APPROPRIATION 



RESOLVED, that the Controller be and he 
Is here by requested to draw a Supplemental Appro- 
priation Ordinance in the amount of $26,353 from 
the following appropriation number In the amount 
shown : 

Appropriation No. 5.161.110.001.000 

Permanent Salaries-Civilian $26,353 

and credit it to the following appropriation in the 
amount indicated: 

Appropriation No. 5-161.120.003.000 

"Temporary Salaries-Police 
Cadets $26,353 

to provide funds to retain sixty (60) cadets at four 
( ^ ) hours per day for remainder of fiscal year. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



- 42 



WEEKLY SICK REPORT 



Chief of Police Charles R." Gain, submitted 
a report of members of the Department off duty due 
to sickness and disability for the week ending Sat- 
urday, January 17, 1976 at 2400 hours, as follows: 



Daily average for the week, sick 56 

Daily average for the week, disabled 00 



TOTAL l4f> 

Daily percentage for the week, sick 2.88 
Daily percentage for the week, disabled 4.81 



TOTAL 7.69 

The report was ordered filed. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



Commissioner Siggins stated that there are Personnel 
matters that must be considered and acted upon and 
that the Police Commission would hold a Special Meet- 
ing in Executive Session on Saturday, January 24th, 
1976 at 0900 hours, in Room 512, Hall of Justice, 
to consider said matters. 



Commissioner Murphy called for a report as to the 
timeliness of submitting Charter Amendments for the 
coming June ballot. 

Secretary Frazier reported that he had called the 
Board of Supervisors and received a schedule for 
the submission of proposed Charter Amendments. This 
schedule pointed to the fact that January 5,1976 was 
the last regular Board Meeting for introduction of 
Charter Amendments in writing to the Board. Further 
investigation revealed that if members of the Police 
Commission wrote to Supervisor John Molinari, Chair- 
man of the Legislative and Personnel Committee, stat- 
ing that their request to get on the June ballot with 
Charter Amendments were of an emergency nature, he 
may take it into consideration and allow it to be 
done on an emergency basis. 



Attorney Stephen Bruce Bley requested the Police 
Commission set hearing schedules for Police Officers 
William Kelly and Daniel O'Shea from February 4th, 
1976 to a later date. 

The Commission concurred and agreed to remove them 
from the calendars pending a date to be named shortly 



They further stated that since there was so many 
hearings scheduled that some may have to be heard 
at other meetings in Executive" Session on other 
noticed calendar dates. 



Commissioner Siggins stated that in accordance with 
the provisions of Proposition P amending Section 
3.500 of the Charter which was passed by the voters 
in the November 'I, 1975 election; the Police Com- 
mission will consider for adoption the following Rule 
at its next regular meeting: 

RESOLVED, that each member of the Police 
Commission present at a Police Commission Meeting 
shall vote for or against each item on the calendar 
unless excused from voting on a motion adopted by a 
majority of the Commissioners present at the meeting. 



Commissioner Gallegos stated that there had been a 
great amount of correspondence received from various 
community agencies requesting to meet with the Com- 
mission on various subjects of community interest, and 
that at this time he would like to advise and assure 
them that the Police Commission would meet with them on 
these matters in the very near future. 



RESOLUTION NO. 22-76 



HEARING OF POLICE OFFICER RAYMOND R. PORTUE, FIELD 
P ATROL COMPANY, CONTINUED TO FEBRUARY 11, 1976 

WHEREAS, the hearing of Police Officer 
Raymond R. Portue, Field Patrol Company, was called 
it having been set for this date; and 



WHEREAS, Captain Mortimer F. Mclnerney 
and Mr. Stephen Bruce Bley, attorney for Police 
Officer Raymond R. Portue, have mutually agreed 
that additional time be granted to Police Officer 
Raymond R. Portue in order that he may present evi- 
dence in hi;; behalf; therefore be It 



RESOLVED, that a contiuance in the hearing 
of charges filed against Police Officer Raymond R. 
Portue be, and the same is hereby approved and con- 
tinued to Wednesday, February 11, 1976 at 5:30 p.m., 
in Room 551, Ha" 11 of Justice. 



AYES: Commissioner Ciani, Gallegos, Hall, 
Murphy, Siggins 



- J44 



CONTINUATION OF THE HE'ARING OP POLICE OFFICER PETER 
GAMINO, MISSION POLICE STATION 



The matter of the hearing of Police Officer 
Peter Gamino, Mission Police Station, was called, It 
having been continued from the meeting of January IS, 
1976. 

Police Officer Peter Gamino appeared in 
person and was represented by Mr. Stephn Bruce Bley, 
Attorney at Law. 

Captain George Eimil, Director of Personnel, 
appeared as Prosecutor for the Police Department. 

The following-named witnesses appeared for 
the Prosecution, were sworn and testified: 

Dr. Simon Cohn 

St. Mary's Hospital 

^50 Stanyan Street 

San Francisco, California 

Sergeant Lawrence Gurnett 
Internal Affairs Bureau 

Police Officer Joseph C. Mollo 
Physical Training Officer 
Police Academy 

The following-named witnesses appeared 
for the Defense, were sworn and testified: 

Police Officer Peter Gamino 
Mission Police Station 

Police Officer John A. Boles 
Mission Police Station 

Sergeant Felix Buckley 
Mission Police Station 

Police Officer Randall Kocher 
Mission Police Station 

Dorothy Baumann 
729 Capp Street 
San Francisco, California 

Police Officer Peter Gamino, 
Mission Police Station, was 
recalled by Commissioner 
Gallegos for further question- 
ing. 

Captain George Eimil, Prosecutor for the 
Police Department, submitted the closing argument on 
behalf of the Prosecution. 

Mr. Stephn Bruce Bley, Attorney for the 
Defense, submitted his closing argument on behalf of 
Police Officer Peter Gamino. 

The Commission took the matter under sub- 
mission and then recessed from 2115 hours to 2235 hours 
after which the following resolution was adopted: 



RESOLUTION NO. 23-76 



DECISION - HEARING OF POLICE OFFICER PETER GAMING, 
MISSION POLICE STATION 



WHEREAS, on November 26, 1975, Kevin J, 
Mullen, Captain of Police, Commanding Officer of 
Mission Police Station, made and served charges 
against Police Officer Peter Gamino, as follows: 



SPECIFICATION NO. 1 



a) That at or about 2230 hours on Wednesday, 
September 24, 1975, the accused and a 
fellow officer entered the on-sale liquor 
establishment known as Marvin's Taverna 
located at 853 Valencia Street; 



b) That upon entering the bar the accused 
and a fellow officer thereupon arrested 
the bartender, Mr. Eddie M. Marti; 



c) That the accused and a fellow officer 
transported Mr. Marti to the Mission 
Police Station in their police vehicle; 



d) That upon arrival at the Mission Police 
Station the accused and Mr. Marti exited 
the police vehicle while the fellow officer 
drove the police vehicle to another loca- 
tion ; 



e) That enroute to the Booking Desk at the 
Mission Police Station the accused did 
without lawful authority, choke and kick 
Mr. Marti; 



f) Because of the above-stated action, 
the accused did violate Section 2.13 
of the Rules and Procedures of the 
San Francisco Police Department, which 
reads as follows: 



'2.13 Any breach of the peace, 
neglect of duty, misconduct or 
any conduct on the part of any 
member either within or without 
the state which tends to subvert 
the good order, efficiency or dis- 
cipline of the department or which 
reflects discredit upon the depart- 
ment or any member thereof or that 
is prejudical to the efficiency 
and discipline of the department, 



- 46 



though such offenses are not 
specifically defined or laid 
down in these Rules and Pro- 
cedures shall be considered un- 
officerlike conduct triable and 
punishable by the Board." 



SPECIFICATION NO. 2 



g) Paragraphs (a) through (f) are hereby 
incorporated as though they had been 
fully set forth herein; 



That when called upon by a superior 
officer specifically assigned to 
investigate the conduct of the ac- 
cused, the accused did not truthfully 
and without evasion answer all questions 
propounded; 



5 



i) Because of the above-stated action, 
the accused did violate Section 2.49 
of the Rules and Procedures of the 
San Francisco Police Department, which 
reads as follows: 



"2.49 Shall, when called upon by a 
Superior Officer, or by one specially 
assigned by lawful authority to conduct 
an investigation involving Police Mat- 
ters, or any matter affecting the conduct 
of a member or members, truthfully answer 
all questions propounded. All reports, 
statements and declarations made orally, 
or in writing in the foregoing matters 
shall contain the truth without evasion." 



and 



WHEREAS, a hearing on said charges was had 
before the Police Commission pursuant to Section 8.343 
of the Charter of the City and County of San Francisco 
on Thursday, January 15, 1976, and that on Wednesday, 
January 21, 1976, the matter was submitted to the Police 
Commission for decision; and 



WHEREAS, the Police Commission finds that 
said charge;- made and filed against Police Officer 
Peter Gamino, Mission Police Station, as contained 
in Specifications No. 1 and 2, are sustained by the 
evidence presented at the hearing and that Police 
Officer Peter Gamino did violate Sections 2.13 and 2.49 
of the Rules and Procedures of the San Francisco Police 
Department; therefore be it 






RESOLVED, that it is the order of the 
Police Commission that Police Officer Peter Gamino 
has violated Specif icaiton No. 1, Section 2.13, 
of the Rules and Procedures of the San Francisco 
Police Department, and for said violation he shall 
be fined the gross sum of one working day's pay amount- 
ing to $63.53; and bo it further 



RESOLVED, that it is the order of the 
Police Commission that Police Officer Peter Gamino 
has violated Specification No. 2, Section 2. '49 of 
the Rules and Procedures of the San Francisco Police 
Department, and for said violation he shall be fined 
the gross sum of one working day's pay amounting to 
$63.53; and be it further 



RESOLVED, that it is the order of the Police 
Commission that said violations of one gross working day' 
pay for each violation of Specification No. 1, Section 
2.13, and Specification No. 2, Section 2. '19, of the 
Rules and Procedures of the San Francisco Police Depart- 
ment, in the total amount of $127-06 shall be paid on 
or before February 4, 1976, to the City and County of 
San Francisco. 



Recesses taken in the hearing 
of Police Officer Peter Gamino, 



1923 hours to 
2115 hours to 
22^3 hours to 



1944 hours 
2235 hours 
2320 hours 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



(The entire proceedings were taken 
in shorthand form by Hearing Reporter 
Dorsey A. McTaggart , C.S.R.) 



The Commission then adjourned its meeting, 




K— 



RETARY 



^ 




- !^o . 



DOCUMENTS 

28 JANUARY 1976 " REGULAR MEETING - cb , 

g ^/^^ ■ FEB4 m 

mi n t j ^ ' i ■ S . A N FRANCISCO 

ine^^olice Commission of the City and public library 
County of^-San" Francisco met in their chambers, 
Room 551, Hall of Justice, 850 Bryant Street, 
on Wednesday, January 28, 1976 at 1730 hours, 
in regular session. 



PRESENT: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 
Commissioner Siggins presiding. 



The members of the Commission, having 
been frunished copies of the minutes of the meet- 
ing of January 21, 1976, reading of same was dis- 
pensed with and the minutes were approved. 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 



ABSENT": Commissioner Gallegos 



RETIREMENT 



Communication was received from the 
Retirement Board officially notifying the Police 
Commission of the Industrial Disability retire- 
ment of Police Officer Thomas P. Chope , Bureau 
of Criminal Information, effective January 15, 197' 



The communication was ordered filed. 

AYES: Commissioners Ciani, Hall, Murphy, Siggins 
ABSENT': Commissioner Gallegos 

RESOLUTION NO. 24-76 



PETER PARAS AND CALIFORNIA 
STATE AUTOMOBILE ASSOCIATION 

RESOLVED, that the recommendation of the 
City Attorney for settlement of unlitigated claim 
of Peter Paras and the California State Automobile 
Association against the City and County of San 
Francisco in the sum of $555. 9^ as the result of a 
collision with a police vehicle, be, and the same is 



50 - 



hereby approved. 

Date of Accident: October 7, 1975 

AYES: Commissioners Ciani, Hall, Murphy, P| 

Siggins 

■■-■'■, 

ABSEi^fT" '.'■>'} Commissioner Gallegos 



REQUEST OF POLICE OFFICER WILLIAM W. FOX, RICHMOND 
POLICE STATION, FOR A LEAVE OF ABSENCE WITHOUT PAY 
FOR AN EXTENDED PERIOD OF TIME FOR PERSONAL REASONS- 
CONTINUED OFF CALENDAR 



Captain O'Brien stated to the Commissioners: 
"I believe this is really an administrative matter that 
Civil Service Rules empowers the Chief to pass upon. 
I don't think it really has to be on the Commission 
Calendar. Maybe we can take it off calendar and let 
the Chief make his decision and then send it to Civil 
Service . 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: .,..■' : Commissioner Gallegos 



RESOLUTION NO. 26-76 



REQUEST TO RELEASE UNALLOTTED FUNDS 



RESOLVED, that the Controller be, and he 
is hereby requested to release unallotted funds in 
the amount of $3,500 from Appropriation No. 5-l6l. 
120.019.000 (Differential Pay - Uniformed Force) to 
cover pending and anticipated payrolls. 

Captain O'Brien stated "this is our like 
work/like pay allottment; what we are asking is that 
the Commission approve the allotment of the money that 
is remaining in the appropriation, some $8,250 of the 
remaining, we want $3,500 to be allotted so that we 
can pay : ome pending payrolls as that officers who 
worked on like work/like pay basis will be paid with- 
out having to wait an inordinate time. As you recall, 
we have a $59,000 supplemental appropriation request- 
ed at the Mayor's Office but we don't know how that 
is goiri % to come out as yet. We have cut back on 
the like work/like pay pending that appropriation. 
But this will let us pay debts that the department 
has run up in the like work/like pay account. It's 
money that is already in our budget. 

AYES: Commissioners Ciani, Hall, Murphy, Siggins 
ABSENT;:::":: Commissioner Gallegos 






m 



5i - 



RESOLUTION NO. 27-76 



REQUEST FOR SUPPLEMENTAL APPROPRIATION 



RESOLVED, that the Controller be, and he 
Is hereby requested to draw a Supplemental Appropri- 
ation Ordinance In the amount of $8,520 from any 
fund designated by the Mayor or Controller, and 
credit it to the following appropriation in the 
amount indicated: 



APPROPRIATION NO. 5 . 161 . 400 . 000 . 000 

(Equipment) $8,520 

to provide funds for a portable X-ray machine to 
be used in bomb detection. 



Captain O'Brien stated, "We have discussed 
this with the Controller's Office, the best way of 
getting this particular amount of money for the por- 
table X-ray and he has recommended that we go by way 
of Supplemental Appropriation and he thinks that the 
money can be found. This X-ray will be used by our 
Bomb Disposal Unit to X-ray suspicious packages to 
see if there are bombs in them or not. It will be a 
protective devise for the men. It would also be used 
in our Crime Lab. They have need of a portable X-ray 
to X-ray some of the evidence that they get on cases. 
It will have a dual purpose and is something that we 
should have had a long time ago, but we think that 
the use for it is more and more going to come to our 
attention. 

Commissioner Murphy then .asked Captain 
O'Brien the following question: "Would you use it, 
for example, in the mail rooms, that sort of thing?" 

Captain O'Brien stated: "If we had a package 
come through our mail room, why we would use this port- 
able X-ray to see what is in it. You recall there was a box 
of Sees Candy that went out to a station. If we would 
have had this portable X-ray machine we would have known 
if -anything was in it, it would have saved a lot of 
trouble for everybody. It is something that we really 
should have, particularly at this time.. 



AYES: Commissioner Ciani, Hall, Murphy, Siggins 
ABSENT: Commissioner Gallegos 

RESOLUTION NO. 28-76 



AUTHORIZING ATTENDANCE OF INSPECTOR HAROLD M. SUSLOW, 
BUREAU OF INSPECTORS, AT A STATE-WIDE CONFERENCE OF 



- 52 - : 



THE CALIFORNIA METAL INVESTIGATORS ASSOCIATION IN 
SACRAMENTO, CALIFORNIA, ON JANUARY 29, ±976 AND 
JANUARY 30, 1976. 

RESOLVED, that the recommendation of the 
Chief of Police that Inspector Harold M. Suslow, 
Bureau of Inspectors, be detailed to attend a State- 
Wide Conference of the California Metal Investigators 
Association in Sacramento, California, on January 29, *" :| 
1976 and January 30, 1976, be, and the same is hereby 
approved; and be it further 

RESOLVED, that expenses incurred by Inspector 
Harold M. Suslow, Bureau of Inspectors, in a sum not 
to exceed $60.00 in attending the California Metal 
Investigators Association Conference in Sacramento, 
California, will be defrayed by the Police Department's 
Police Officers Training Fund. 



Captain O'Brien: This California Metal In- 
vestigators Association is a fairly new State Associa- 
tion. It has come into being because they have found 
out lately that there has been a larger number of thefts 
from particularly Public Utility Companies, they steal 
their copper wire and then they sell it to junk dealers 
and its cut up and its a great loss to the companies and 
there's all kinds of metal. Right now they have to keep 
it ■ in San Francisco. There is an Ordinance that says 
they have to hold it for five (5) days, but there is 
nothing that says they have to tell us when they buy it 
so we don't know what they buy unless we happen to walk 
into the junk dealers premises. This meeting in Sacramento 
is with'people. throughout the State.. The Department :.of Justice 
ASithinking of^pufcting; into :.St ate Laws, some rules whereby 
junk dealers would have to keep merchandise for a certain 
number of days and would also daily have to send to the 
Police Department and Sheriff in the area what they call 
a Buy Record of whatever they bought that day. They would 
have to send it to us so that we would have it the next 
day so we could investigate any types of buys that they 
make that we think that could be stolen. You recall that 
some time ago that there was a flag atop this Francis 
Scott Key memorial statue that wasHolen and it was 
going to cost some $^6,000 to replace. One of our in- 
vestigators, in fact, Inspector Suslow, got into one 
of the junk places and saw the fellow, caught him just 
before he was going to break it up, and he had bought 
it for $65.00. So this saved the City quite a sum of 
money. There have been some extensive investigations and 
large thefts of gold from some of the electronic com- 
panies down in the Peninsula where these metal investi- 
gators have been able to make arrests through their 
cooperative investigations. Its been approved by the 
Chief of Police and it will help the department. ftps 



1 



Commissioner Siggins: It is an educational 
program and the Chief can make an evaluation. 

Captain O'Brien: He can see if our attendance 
at such things is worthwhile. 

Commissioner Ciani: Are you saying that in 






- 53 - 



each of the areas in which this is to be used there 
will be an Ordinance or some requirement imposed on 
dealers so that they will report to the Local Police? 

Captain O'Brien: If they make the State Law 
they cover the whole state. 

Commissioner Ciani: So this is really in 
support of the passage of the State Law. 

Captain O'Brien: That's right. 

Commissioner Ciani: Is it pending, has it 
been introduced? 

Captain O'Brien: Los Angeles has and has 
had a law for many years that they have to keep, that 
the junk dealers have to keep the material for twenty- 
one (21) days and also must daily notify the police 
department of what they bought. We don't have that. 



Commissioner Murphy: We have a law that 
says they must keep it a certain time? 



Captain O'Brien: Five days, but we don't 
know what they are buying unless we keep going in and 
checking. 



Commissioner Murphy: It takes a lot of man- 
power though. 



Captain O'Brien: If they put in a law, it 
will help us. 



Commissioner Ciani: It could be done by 
Local Ordinance, couldn't it? 



Captain O'Brien: It could. We tried to put 
in a Buying Book but we were unsuccessful. We were, 
in fact five (5) days were not enough, but that was the 
best we could get. 

Commissioner Murphy: When did you try to 
do that? 



Captain O'Brien: This was last year. 

Commissioner Murphy: Maybe now after saving 
$46,000, we can get another Ordinance. 



Captain O'Brien: We'll see what comes and 
the Chief can evaluate it when he gets the report from 
the Sacramento meeting. 



- 5^ - 



Commissioner Ciani: Maybe it should be 
noted this is on our agenda because we need a resolution 
if we are to get the Controller to release the funds. 

Captain O'Brien: To release funds from our 
Police Training Funds. This is where we get the money. 
This is not budgeted money, it is money we get from the 
State and they get it from assessments that are assessed 
against people who are convicted and fined for criminal 
offenses. For every $20.00 'of their fine, they have 
to pay a $5.00 assessment, and that money goes to the 
various cities as Post Funds. We have an Ordinance 
that says that the first $200,000 of these funds that we 
receive goes into our Police Training Fund to use for 
purposes such as this . 

AYES: Commissioner Ciani, Hall, Murphy, Siggins 
ABSENT':' ,"','•',' Commissioner Gallegos 



RESOLUTION NO. 29-76 

REQUEST TO RELEASE UNALLOTTED BALANCE 

RESOLVED, that the Controller be, and he 
is hereby requested to release unallotted balance 

in the sum of $313.00 in Appropriation No. 5.161. * 

140 .000.000 (Fees and other Compensation) to cover 
pending and future obligations. 

AYES: Commissioners Ciani, Hall, Murphy, Siggins 

ABSENTS .:•: Commissioner Gallegos 

RESOLUTION NO. 30- 76 



AMENDING SECTION 3-500 OF THE CHARTER OF THE CITY AND 
COUNTY OF SAN FRANCISCO, IN ACCORDANCE WITH THE PRO- 
VISIONS OF PROPOSITION "F" WHICH MANDATES THAT THE POLICE 
COMMISSION ADOPT THE BELOW PRESCRIBED RULE. 

"RESOLVED, that each member of the Police 
Commission present at the Police Commission 
meeting shall vote for or against each item 
on t'he calendar unless excused from voting 
on a motion adopted by a majority of the 
Commissioners present at the meeting." 

AYES: Commissioners Ciani, Hall, Murphy, Siggins 

ABSENTS 1 '• Commissioner Gallegos 



: . 



- 55 - 



PUBLIC HEARING ON THE SAN FRANCISCO POLICE DEPARTMENT'S 
BUDGET FOR THE FISCAL YEAR 1976/77 - CONTINUED ONE WEEK 



Chief Gain: Mr. President, members of the 
Commission, I request that this be taken off calendar 
and rescheduled for next Wednesday's meeting for Public 
Hearing. The reason being that I am still in the pro- 
cess myself of analyzing budget and not in a position 
at this time to make recommendations to the Commission. 

Commissioner Siggins : Do you think you can 
b ; ready by next week? 

Chief Gain: Yes sir. 

Commissioner Murphy: At Wednesday's meeting? 

Chief Gain: Wednesday's meeting. 

Commissioner Ciani : I would like to know 
whether you've received requests for copies from any- 
one or whether perhaps there are people here who came 
to address the Issues on the budget? 

Sergeant Frazier: Yes, they did. 

Commissioner Ciani: Will this be noticed 
for next week? 

Sergeant Frazier: Yes, it will. 

Commissioner Ciani: If there are changes in the 
proposed budget, will they be able to get copies with 
those specific changes? 

Sergeant Frazier: Right. The copies will 
be made available in Room 505, the Police Commission 
office . 

Commissioner Murphy: At what time? 

Sergeant Frazier: Well, as soon as the Chief 
makes his adjustments. 

Commissioner Murphy: An hour or so before 
the meeting? 

Sergeant Frazier: I don't know how soon 
they can get them ready. 

Chief Gain: I hope that by next Tuesday 
morning. I will have it submitted to your office - 
my recommendations. 

Commissioner Ciani: If people are here and 
then cannot make it to the next meeting - whether we 
accept written .comments on the budget? Has that been 
done before for people who wish to comment and can't 
be present at the meeting? 

Sergeant Frazier: We have made that available to 
them and it is available to them now if they should like 



- 56 - 



to do so. And of course, at the meeting we would 
read those particular comments. 

Louise Statzer: My name is Louise Statzer, 
and I am with the TWU, Transport Workers Union, APSCME 
The Ameri :an Federation of City and County Municipal 
Employees, and UCE Union of City Employees. And on 
this budg-t here - can I retain this copy to compare 
it with t ie new one that the Chief is referring to? 



; li 



Chief Gain: Mr. Chairman, I would take no 
exception to anyone who has a copy to retain it. It is 
clearly identified as a tentative budget. I will be 
submitting to the Commission new documents which will 
reflect differences. 

Commissioner Ciani: Can I sugest that In 
the future you date drafts so that people can tell 
which one you are dealing with. This has a tentative 
draft of whatever date is on top and then you can keep 
it separate. 

Commissioner Hall: How soon are they given 
the budget prior to the Public Hearing? 

Sergeant Frazier: Well, It was avilable yester 
day in my office. 

Commissioner Hall: So it is usually a day 
before the hearing. 

Sergeant Frazier: Yes. We try to make it 
at least a day before the hearing to give the people 
enough time to go over certain items or whatever items 
they may be interested in. 

Chief Gain: May I suggest Mr. Chairman, that 
anyone interested In obtaining the next one which would 
be my final recommendations, perhaps they could call the 
Commission Office on Friday to get a better idea of when 
they will become available. It might be Monday when I 
submit it to your office. 

Commissioner Siggins : Is there any other 
comment? There is a possibility that we will he 
having a meeting, Monday, February 2nd, but the budget 
will be considered on the 4th. 

The Chair approves the continuance of the 
Public Hearing of the budget for the Fiscal Year 1976/77 
until Wednesday, February 4th, 1976. 

AYES: Commissioner Ciani, Hall, Murphy, Siggins 

ABSENT:': Commissioner Gallegos 



WEEKLY SICK REPORT 

Chief of Police Charles R. Gain, submitted 
a report of members of the Department off > duty due 
to sickness and disability for the week ending Saturday, 



•■ 



- 57 - 



January 24, 1976 at 2400 hours, as follows: 

Dally average for the week, sick 56 

Daily average for the week, disabled 93 

TOTAL J.I19 

Daily percentage for the week, sick 2.89 

Daily percentage for the week, disabled 4.98 

TOTAL 7.87 
The report was ordered filed. 

AYES: Commissioners Ciani, Hall, Murphy, Siggins 
ABSENT';." Wr Commissioner Gallegos 

RESOLUTION NO. 25-76 



HEARING OF POLICE OFFICER MICHAEL CHAN, NORTHERN 
POLICE STATION 



WHEREAS, the hearing of Police Officer Michael 
Chan, Northern Police Station, was called, it having 
been set for this date; and 



WHEREAS, at the meeting of Wednesday, Jan- 
uary 21, 1976, Mr. Stephen Bruce Bley, stated that 
the injuries sustained by Police Officer Michael Chan, 
while in the performance of his duties, are so serious 
that he has been incapacitated for the past several 
weeks with the possibility of facing further hospital- 
ization; therefore be it 



RESOLVED, that the date for the hearing of the 
disciplinary charges filed against Police Officer Michael 
Chan is set for Wedneday, February 11, 1976 at 5:30 p.m., 
in Room 551, Hall of Justice. 



AYES: Commissioners Ciani, Hall, Murphy, Siggins 
ABSENT: Commissioner Gallegos 

RESOLUTION NO.3I-76 

HEARING OF SERGEANT WILLIAM S. SISACK, CENTRAL POLICE 
STATION. 

WHEREAS, the hearing of Sergeant William S. 
Sisack, was called, it having been set for this date; 
and 



- 5« - 



WHEREAS 
for Sergeant Will 
George Eimil, Di 
for the Police De 
that Sergeant Sis 
Court on Friday, 
mination of his c 
Maclnnes requeste 
date, until final 
in Federal Court ; 



, Mr. James Martin 
iam S. Sisack, con 
rector of Personne 
partment in this h 
ack is scheduled t 
January 30, 1976, 
ase . Because of t 
d an extension of 
disposition of th 
therefore be it 



Maclnnes, attorney 
tacted Captain 
1 and Prosecutor 
earing, and stated 
o appear in Federal 
for final deter- 
his appearance, Mr. 
time beyond this 
is case is made 



,** T'' 



RESOLVED, that the date for the hearing of 
the disciplinary charges filed against Sergeant William 
S. Sisack is set for Tuesday, February 17, 1976 at. 5:30 
p.m., in Room 551, Hall of Justice. 

AYES: Commissioners Ciani, Hall, Murphy, Siggins 

ABSENT: Commissioner Gallegos 



The Commission then adjourned its meeting, 






> 



i&K Sip Af 



SECRETARY 




ti 






2 FEBRUARY 1976 



Huuukd 



SPECIAL MEETING 



The^olice Commission of the City and 
County of^San Francisco met in their chambers, 
Room 551, Hall of Justice, 850 Bryant Street, 
on Monday, February 2, 1976 at 1800 hours, in 
Special Session. 



DOCUMENTS 

FEB 6 1976 



**Mmm 



PRESENT: Commissioners Ciani, Gallegos , Hall, 
Murphy, SIggins 



Commissioner Siggins presiding 



TRANSFER OF TAXICAB PERMIT - APPROVED 



to oper 
was cal 
in the 
provisi 
trans f e 
were no 
approve 
or inte 
have to 
transf e 
transfe 
appropr 
by the 



The mat 
ate a taxi 
led for he 
official n 
ons of ord 
ror and tr 
t represen 
d the tran 
rest that 

operate a 
ree; said 
ree filing 
iate bond 
Police Cod 



ter of the transfer of the right 
cab by the following-named person 
aring, it having been advertised 
ewspaper in accordance with the 
inance applying thereto. The 
ansferee appeared in person and 
ted by counsel. The Commission 
sfer of whatever right, title 
the within-named transferor might 

taxicab to the within-named 
approval contingent upon the 

with the Police Commission the 
and/or insurance policy as provided 
e : 



TRANSFEROR 



TRANSFEREE 



NO. OF PERMITS 



Ralph Buck Chew Lu 
4823 California Street 
San Francisco, California 



Tony Wai Hung Hui 1 

257-l^th Avenue - #1 

San Francisco, California 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



STATEMENT BY COMMISSIONER RICHARD J. SIGGINS TO THE SAN 
FRANCISCO POLICE OFFICERS' ASSOCIATION . 

We are pleased to meet with you this after- 
noon and trust that our talks will establish a spirit 
of cooperation ( and communication which will mark all 
future discussions between us and your organization. 

The Commission is not, by virtue of consent- 
ing to and holding this preliminary meeting, to be 



- 60 - 



deemed to have recognized the Police Officers 
Association. The sole purpose of this meeting 
is to consider the requests contained in Gerald 
Crowley's letter to me dated January 16, 1976. 
We do not hereby intend to waive any right ©reposition 
to which we are entitled or to make any committ- 
ments . 

It is the hope of the Commission that 
its participation in future discussions will, to 
a considerable extent, be conducted through one 
or more designated representatives. Further, we 
hope that to the extent practicable we will each 
follow a practice of communicating our respective 
positions to each other in writing prior to any 
"meet and confer" sessions. This practice will 
not only save time but will also help to crystalize 
our thinking. 



The Police Commission then went into 

Executive Session: 

Meet and Confer with the San Francisco 
Police Officers' Association. 



; 



The Commission then adjourned its meeting, 




uJ 



- 61 - 



^t, 4 FEBRUARY 1976 



REGULAR MEETING 



The^-Police Commission of the City and 
County of^Sjin Francisco met in their chambers, 
Room 551, Hall of Justice, «50 Bryant Street/ 
on Wednesday, February 4, 1976 at 1800 hours, 
in regular session. 



PRESENT: Commissioners Ciani, Gallegos, Hall, DOCUiVIENlS 
Murphy, Siggins 

FEB 1 1 i 



Commissioner Siggins presiding 



SAN FRANCISCO 
PUBLIC LIBRARY 



The members of the Commission, having 
been furnished copies of the minutes of the meet- 
ing of January 2b, 1976, reading of same was dis- 
pensed with and the minutes were approved. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



CHIEF GAINS' REPORT TO THE POLICE COMMISSION 



Chief of Police Charles R. Gain introduced 
Captain Agustius Bruneman of the Crimes Specific Task 
Force to the Police Commissioners and stated "He will 
give you and overview of the activities and accomplish- 
ments of that unit thus far." 



Captain Bruneman: Mr. President, Commissioners, 
the Task Force has been in operation just about one week. 



officers. We are put- 
90 people per night 
formed and we have 
of cars and motor- 
say we started on 
full time basis, 
are divided into five 
They have been 



We have a compliment of 147 police 
ting currently on the street 80 to 
or per day. The patrols have been 
just today received our compliment 
cycles so, but officially we could 
patrol the first of this week on a 
The platoons as you probably know, 
platoons with a Lieutenant in each 
given to the fifteenth of this month to come up with 
specific plans to attack violent crime in the streets 
of San Francisco. Each platoon will present a specific 
task they will accomplish or attempt to accomplish in a 
given period of time, attacking robbery, purse snatching, 
strong arm robberies and armed robberies during their 
tours of duty. We've trained the Lieutenants and the 
team leaders to using what we call teams on these squads, 
we are using it on teams and teams will make plans to 
attack the speaific crimes and present them to me and 
we will negotiate them and then they will go out and 
perform the task that they have. To date, we are devel- 
oping crime statistics and this will show you the crimes 
of armed robbery by the half hour blocks, purse snatch- 
ings by the half hour blocks, and the days of the week 
highlighting the high days and the low days. We also 
have plot locations. This is giving us an indication 
of what is occurring last month and, generally speaking, 



)' ': 



- 62 - 



may occur at the same chronological time again. 
These are what we are using to develop general 
statistics. This shows by the half hour, armed 
robberies and strong arm robberies. 'You can see 
that at 0000 hours there were 13 last month. Then 
we go down to the high points where there were 25 
at 1930 hours. So this gives us an idea on where 
we can concentrate our efforts or the times that 
we can concentrate our efforts, then of course, our 
plot map shows the locations. That is about the 
condition of my report. I've had this week alone 
the activity of the task force, they have made 13 
felony arrests. We've assisted other units in making' 
38 felony arrests, there have been 14 misdemeanor 
arrests, we've interviewed 226 persons, there have 
been detailed 415 man hours and the vehicle mileage 
has been 4313 miles traveled by our vehicles this 
week. As we progressed, we send a report every day 
to the Supervising Captain's Office, and as we 
progress, you will be informed of the progress of 
the unit. We think we can make significant impact 
on our hours and on our times if we are allowed with- 
out blockage of details or other things blocking our 
progress, we can do a significant job. As we get 
our plans developed, the commanding officers of the 
district stations we are operating in, will be noti- 
fied of just what our plan is, of what we intend to 
do. We coordinate with the commanding officer in 
the district. We assist the radio patrol cars in 
the district, responding to runs, backing them up 
when they are overloaded, there is a lot of runs 
stacked up. We will take some of these runs so that -™ 
they can be assisted in that way. But as we get 
our plans developed, we will inform each commanding 
officer of our plan. 



RECOMMENDATIONS OF THE TRAFFIC BUREAU - APPROVED 



RESOLVED, that the recommendations of the 
Traffic Bureau on the installation of zoning for the 
regulation of traffic on the public streets, be, and 
the same are hereby approved. 



222 SCHWERIN STREET - GENEVA TOWER APARTMENTS 



a) At 222 Schwerin Street, install a 46' white 
school bus zone, to extend from 138* - 184 ' 
north of Garrison Street - (The Dept . of 
Public Works to install signs, reading "No 
Stopping - Bus Zone 7 A.M. - 4 P.M. School 
Days.") 



b) Permission to display portable No Parking 
signs In conjunction with this white zone. 



- 63 - 



1686 UNION STREET - ERHARD SEMINARS TRAINING 



a) At 1686 Union Street, revoke existing 
22' yellow zone, which extends from 
6' east to 16' west of the east line. 



b) At 1686 Union Street, install a 32' 
yellow zone, to extend west of the 
east property line of #1686 Union 
Street . 



c) Remove parking meter UNION-1644. 

50 FRANCISCO STREET - FRANCISCO BAY OFFICE PARK 



a) At 50 Francisco Street, install a 66 1 
white zone, to extend from 178' - 244' 
west of Montgomery Street . 



b) Permission to display portable No Parking 
signs in conjunction with this white zone. 



1234 INDIANA STREET - PHILLIPS & OBER ELECTRIC SUPPLY 



a) At 1234 Indiana Street, install a 28' green 
zone, to extend from 140' - 168' south of 
23rd Street. 



2915 - 20th STREET - POTRERO TV 



a) At 2915 - 2oth Street, install a 22' 
green zone, to extend from 34' - 56' 
west of Bryant Street. 



100 VAN NESS AVENUE - CALIFORNIA STATE AUTOMOBILE 

ASSOCIATION 



a) At 100 Van Ness Avenue, install a 22' 
white zone, to extend from 12' - 34' 
north of Fell Street. 



b) Permission to display portable No Parking 
signs in conjunction with this white zone, 



c) Remove parking meter VAN-102. 



Mil 



-.'64 - 



180 TRENTON STREET & 8'35 PACIFIC AVENUE - HONG KONG 
— , TEAHOUSE 



a) At 180 Trenton Street, install a 38' 
yellow zone, to extend north of the 
south property line. 



b) At 835 Pacific Avenue, install a 26' 
white zone, to extend from 14 ' - 40' 
east of Trenton Street. 



m 



mi 



c) Permission to display portable No Park- 
ing signs in conjunction with this white 
zone . 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



REVOKED . 



RESOLVED, that the recommendations of the 
Traffic Bureau on the revocation of 335 feet of 
white and yellow zones at various parts of the 
City at the locations submitted, be, and the same 
are hereby approved. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



COMMISSIONER GALLEGOS 



The traffic calendars that are sent to 
us we've approved them automatically and we've 
raised the question of criteria used to grant or 
revoke. We've also raised the question of the 
possibility of public hearings on the posting of 
notices regarding the changes and amendments and 
the question has come to us as to the best way to 
handle this. I am wondering if it is wise of us 
to continue to approve this or to continue the item 
without approval until we hear what our procedure 
ought to be relative to the question we have raised 
and whether we should hold up the approval of these 
items until at such time we have some evaluation 
on the matter. 



CHIEF GAIN: Mr. Commissioner, hopefully by next 
week we will submit to you the information that you 
want . 



COMMISSIONER SIGGINS: It is my Impression that a 
report is in the offing, is it not? 



- 65 - 



SERGEANT FRAZIER: Yes. Sir; Captain Korelec who is in 
charge of traffic at the present time has indicated 
that he has had meetings with the Department of Public 
Works and they are looking into the feasibility of 
possibly holding hearings themselves in regards to 
posting notices of possible changes in green, yellow 
and red zones in various neighborhoods. 



COMMISSIONER CIANI : I am looking at the possibility 
of holding these matters up. When we do get the re- 
port if It indicates that the procedure should be 
changed that we do have wide enough public notice 
so that anyone who wants to suggest a change to some- 
thing that we have already approved could come forward 
at that time. 



COMMISSIONER MURPHY: I would like to also add that it 
has been my experience' in fb.he<past ;bli&t;yau^oould pub- 
licize or say that you are going to have a hearing 
and unless it happens to get to the right people who 
have the time to come down and hear it it is pretty 
fruitless. It seems to me that if some means could 
be devised to advertise it is anticipated or it has 
been requested that we put a red zone of 15 feet in 
front of XYZ grocery store at such and such a time 
if that could be put in the neighborhood for the people 
who are really involved with it would have a chance 
to say uh, uh, we don't want that or we do want that 
or we take a 15 minute zone that is better, then we 
can have a hearing. 



CAPTAIN KORELEC: There could be problems in holding 
these hearings. How could we say that we could not 
give it to another business based upon the criteria 
that we used, if it has to have a yellow zone for 
instance, people have to have a place to distribute 
their goods get off the street to avoid double parking 
or what have you. This is why the final report is 
being held up, we are looking into this in depth to 
see if there isn't some way we can't circumvent it 
from the public hearing end. I have been in touch 
with Myron Tatarian from the Department of Public Works 
because they already hold public hearings on taxicab 
zones, fire zones and bus zones. 



COMMISSIONER CIANI: I want to clarify wh&t ^y :,p<ilrttj 
was and that was if something was posted on any pro- 
posed change the people in the neighborhood would 
have an opportunity to submit written comment so that 
when this comes out we know whether or not anyone has 
suggestions. I don't know about your criteria on the 
businesses but it seems to me that nobody owns the 
curbing in front of his business establishment, so it 
is not a personal right to the person who still happens 
to be behind that curb. 



CAPTAIN KORELEC: However, it is specific to the in- 
dividual who travels in the general area. We find 
ourselves in this position, I think that we are open- 
ing up the box. Based upon a Federal Survey, somebody 



- 66 - 



says well I want a green zone or a yellow zone and 
we tell them that we are not going to give them what 
happens to the other green zones that have been given 
out. Well, he automatically, I would assume, take 
legal recourse or the business would take legal re- 
course of some sort to get the zone, because we would, 
in effect, be tampering with his business. 



COMMISSIONER GALLEGOS : 
look into tliis for us . 



That is why we want you to 



CAPTAIN KORELEC: Well, this is what is holding it 
up. We went as far as to find out the responsibility 
as it is now is apparently that of the Police Commission, 
And under the particular legislation that we are oper- 
ating with it can not be circumvented because I thought 
maybe you could give it to the Department of Public 
Works . 



COMMISSIONER SIGGINS : We were expecting a report 
regarding the laws in which we are operating under now. 



CAPTAIN KORELEC: Well, I will have something prepared. 



RESOLUTION NO. 32-76 



DAVID CHA 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of David 
Cha against the City and County of San Francisco in 
the sum of $15.00 as the result of a faulty tow, be, 
and the same is hereby approved. 



Date of Incident: September 9, 1975 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 33-76 



OLE B. CHRI3TENSEN 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Ole 
B. Christensen against the City and County of San 
Francisco in the sum of $95-5^ as the result of a 
collision with a police vehicle, be, and the same 
is hereby approved. 



r — 

6 



Date of Accident: September 6, 1975 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 3*1-76 
JAMES A. PELDPOUCH 



RESOLVED, that the recommendation of the. 
City Attorney for settlement of the claim of James 
A. Peldpouch against the City and County of San 
Francisco in the sum of $22.00 as the result of a 
faulty tow, be, and the same is hereby approved. 



Date of Incident: August 15, 1975 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 35-76 



MICHAEL S. HOUSE 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Michael 
S. House against the City and County of San Francisco 
in the sum of $15.00 as the result of damages sustained, 
be, and the same is hereby approved. 



Date of Incident: June 6, 1975 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 36-76 
JOHN W. HURLEY 



RESOLVED, that the recommendation of the 
City Attorney f,or settlement of the claim of John 
W. Hurley against the City and County of San Francisco 
in the sum of $35.00 as the result of damages sustained, 
be, and the same is hereby approved. 

Date of Incident: October 13, 1975 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



l« 



be - 



RESOLUTION NO. 37-76 
JOHN H. LENAHAN 



fl l, "P' 1 * 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of John 
H. Lenahan against the City and County of San 
Francisco in the sum of $134.00 as the result of 
damages sustained, be, and the same is hereby approved 



Date of Incident: October 12, 1975 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, SIggins 



RESOLUTION NO. 38-76 
RUBY LOW 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Ruby 
Low against the City and County of San Francisco 
in the sum of $109.29 as the result of a collision 
with a police vehicle, be, and the same is hereby _,.. 

approved. 

Date of Accident: July 25, 1975 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 39-76 



SUSAN PATUSZYNSKI 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Susan 
Patuszynski against the City and County of San 
Francisco in the sum of $18.50 as the result of a 
faulty tow, be, and the same is hereby approved. 



Date of Incident: September 15, 1975 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



- 69 - 



RESOLUTION NO. 40-76 
HOWARD RICHARDSON 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Howard 
Richardson against the City and County of San 
Francisco in the sum of $40.00 as the result of 
damages sustained, be, and the same is hereby approved, 



Date of Incident: October 12, 1975 to October 25,- 1975 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 41-76 



DOLORES & JAMES SAUER 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Dolores 
and James Sauer against the City and County of San 
Francisco in the sum of $56.00 as the result of damages 
sustained, be, and the same is hereby approved. 



Date of Incident: September 1, 1975 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 42-76 



DR. SHLOMO TADMOR 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Dr. 
Shlomo Tadmor against the City and County of San 
Francisco in the sum of $18.00 as the result of a 
faulty tow, be, and the same is hereby approved. 



Date of Incident: September 6, 1975 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



- 70 - 



RESOLUTION NO. 4.3-76 
PISA TUITASI 

RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Pisa 
Tuitasi against the City and County of San Francisco 
in the sum of $412.12 as the result of a collision 
with a police vehicle, be, and the same is hereby 
approved. 

Date of Accident: October 2, 1975 

AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 

RESOLUTION NO. 4 4-76 
CHRISTINE WHITNEY 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Christine 
Whitney against the City and County of San Francisco 
in the sum of $18.00 as the result of a faulty tow, 
be, and the same is hereby approved. 



ITS 
] 



Date of Incident: September 3, 1975 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 45-76 



MARVIN FRIEDMAN AND HIS ATTORNEYS MARVIN 
LEWIS, LEWIS, ROUDA & WINCHELL 



RESOLVED, that the recommendation of the 
City Attorney for settlement of litigation of Marvin 
Friedman in the sum of $1,000.00 in Superior Court 
Action No. 643-838 entitled, "Marvin W. Friedman, 
Plaintiff, vs. City and County of San Francisco, etc., 
Defendants" as the result of damage:.' sustained, be, and 
the same is hereby approved. 



Date of Incident: August 12, 1971 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



71 - 



RESOLUTION NO. 46-76 
IRA J. SARVIAN 



RESOLVED, that the recommendation of the 
City Attorney for settlement of Small Claims Court 
Action No. 316180 in the sum of $102.00 as the re- 
sult of damages sustained, be, and the same is hereby 
approved. 



Date of Incident: February 27, 1975 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, SJggins 



RESOLUTION NO. 47-76 



ROBERT VAILLANCOURT 



RESOLVED, that the recommendation of the 
City Attorney for settlement of Small. Claims Court 
Action No. 317988 in the sum of $120.00 as the re- 
sult of a collision with a police vehicle, be, and 
the same is hereby approved. 



Date of Accident: March 23, 1975 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RETIREMENTS 



Communications were received from the 
Retirement Board officially notifying the Police 
Commission of the retirement of the following- 
named members of the Police Department : 



a) Captain John B. O'Rourke, Ingleside Police 
Station, for service, effective January 7, 
1976. 



b) Sergeant Joseph A. O'Malley, Ingleside 
Police Station, for service, effective 
January 7, 1976. 



c) Police Officer Michael Mattich, Taraval 



- 72 - 



Police Station, for service, effective 
January 1, 1976. 



The communications were ordered filed 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Slggins 



m 



Commissioner Siggins stated that for subsequent 
meetings Commissioner Ciani would be assigned 
to peruse the monthly reports of the Police Nar- 
cotic and Contingent Funds prior to placing them 
on the Calendar for final approval. 



RESOLUTION NO 48-76 



POLICE NARCOTIC FUND 



RESOLVED, that the Controller be, and he is 
hereby requested to draw a voucher in favor of Chief 
of Police Charles R. Gain in the sum of $4,166 charging 
same to Appropriation No. 5 • l6l . 890 . 050 to cover nar- 
cotic fund disbursements for the month of February, 
1976. 



m 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 49-76 



POLICE CONTINGENT FUND 



RESOLVED, that the Controller be, and he is 
hereby requested to draw a voucher in favor of Chief 
of Police Charles R. Gain in the sum of $3,333 charging 
same to Appropriation No. 5 • l6l . 890 . 000 to cover con- 
tingent fund disbursements for the month of February, 
1976. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. .50-76 



< 



REQUEST TO RELEASE RESERVE FUNDS 

RESOLVED, that the Controller be, and he 
is hereby requested to release reserve funds in the 



- 7 3 - 



sum of $6,600 from Appropriation No. 5 . 161 . 800 . 000 . 
000 (Fixed Charges) for the lease from the State of 
California of the parking lot at Ahern and Harriet 
Streets, used by Police Department vehicles as park- 
ing space. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



PERMISSION TO FILE CIVIL SUIT - APPROVED 



The request of Police Officer Lloyd A. Hill, 
Traffic Bureau, for permission to file a civil suit 
for damage:- sustained in an automobile accident, be, 
and the same is hereby approved. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RECOMMENDATION OF THE CHIEF OF POLICE THAT THE 
POLICE COMMISSION ADOPT A RESOLUTION DELETING 
RULE 2.18 OF THE RULES AND PROCEDURES OF THE SAN 
FRANCISCO POLICE DEPARTMENT (APPEARANCES BEFORE 
THE POLICE COMMISSION.) - CONTINUED TO FEBRUARY 
18, 1976. 



Commissioner Siggins stated that in regards 
to the above proposed amendment to the Rules and Pro- 
cedures that since the Commission is a Semi-Judicial 
Body there should be some kind of dress provisions 
required for members appearing before us. 

Chief Gain: We will submit to you by next 
week a suggestion that we adopt a rule that members 
be required to appear in suit and tie or sport coat 
and tie. 

I would request that the above rule stay 
on calendar and that it be officially adopted as a 
notice so that it could be calendared two weeks hence 
and next week I will give you the other rule .that we 
discussed and that can be calendared for next week's 
meeting. 

AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 

PUBLIC HEARING ON THE SAN FRANCISCO POLICE DEPARTMENT'S 
BUDGET 

Captain William J. O'Brien, Department Secretary: 
The Chief has submitted a proposed budget for the Fiscal 



- m - 



Year beginning July 1,' 1976 and ending June 30, 1977 
The Budget totals $77,305,1^2.00, the present years' 
budget is $71,906,551.00. The proposed budget is an 
increase of $5,398,591.00, or seven and one half (7-1/2*) 
percent. I would like to call to the attention of the 
Commission that sixty percent of this seven and one 
half percent increase is made up of mandatory salary 
increases, fringe benefits and salaries for additional 
civilian personnel that have been requested. Of the 
total proposed budget the total seventy seven million 
dollar budget ninety-two point seven percent is for 
personnel services of all kinds. That's salaries, 
overtime, fringe, medical and whatever. Seven point 
three percent is for contractual services, materials 
and supplies, equipment and etc., the things that we 
need to operate the Department for the coming fiscal 
year. There are two items in the budget which may be 
the subject of particular discussion at today's meeting. 
One is the Budget recommends the deletion of twenty- 
seven solo/motorcycle positions (twenty-five police 
officers and two sergeants), not the personnel, just 
the positions, the personnel will remain in the Depart- 
ment, so that the personnel can be reassigned to 
the Patrol Bureau in order to place additional person- 
nel resources in crime related activities. This simply 
to transfer personnel will enable the Department to 
have a more effective impact upon serious crime, which 
is the goal of the Department. As a consequence of 
this re-assignment of these motorcycle officers, the 
Department is requesting eight additional black and white 
patrol cars for assignment to. the district police stations 
to take care of these officers but we are deleting the 
request that was requested in this budget for the re- 
placement of solo/motorcycles as they will no longer 
be needed. The second item of particular discussion 
is a recommendation that the Commission create the 
position of the Director of Community Relations at a 
salary of $27,600.00 per year. This position would be 
exempt from the Civil Service provisions of the Charter 
would place the salary of the Director between Lieutenant 
and Captain and would upgrade the Bureau of Community 
Relations to its proper place within the Department. 
If this is approved, it is the Chief's intention to 
recommend the consolidation of the Community Relations 
Bureau and the Public Affairs Office and probably to 
change the names of both units to Community Affairs 
Bureau. 



Louise Statzer, speaking in behalf of the 
Transport Workers Union, AFSCME, The American Federation 
of City and County Municipal Employees and UCE, Union 
of City Employees. The first item is on page 2, number 
384001 which is the clothing for the Civilian Uniforms, 
and that has a zero, you deleted that from the budget? 
You have no funds allotted for the Civilian Unforms? 
I wrote a letter to Chief Gain and I also gave copies 
of that letter to the Commission Secretary for each 
one of the Commissioners. I don't know if you are 
aware of it but the people that were called under the 
Civilian Uniforms are the people that are in unit 9 
Security that has been designated by the note on the 
Employee Relations Ordinance and there is an election 
coming up for people in unit 9. That election is taking 



- 75 - 



place on the date of February 17 through the 20th, 
we would like to not Include this Item in the Budget 
at all, don't delete it, don't do anything, just 
leave it because we feel that that would be something 
that we would be able to negotiate under meet and 
confer. Civilian Employees as you know do not get a 
uniform allowance, parking control, traffic control, 
they have to buy their uniforms and those uniforms 
cost two or three hundred dollars and I understand 
that there is a new uniform coming out that they are 
going to have to purchase when the ones they are wear- 
ing now wear out. We feel that some kind of stipend 
or something should be given to those employees and 
there are four categories; the 8207 Building and Grounds 
Patrolmen, 8214 Parking Control Persons, 8215 Traffic 
Control Officer and the 8217 Station Officer. Also 
I understand that fingerprint technicians which are 
8215, if they work upstairs in the City Prison they also 
have to purchase a jump suit. So we would like to leave 
that item under meet and confer. 



Captain O'Brien: That is exactly why there 
are no funds requested for those items plus the fact 
that the City Attorney has advised us that Civilians 
could only be given uniforms if there was a change in 
the Ordinance that provided for it. Just as there was 
an Ordinance passed providing uniforms for policemen 
and firemen. But it was the Chief's idea that this was 
something that the Union or Association could negotiate 
with the City on this particular item. 



Louise Statzer: What I would like is for the 
Department to set aside some funds so that when we do 
meet and confer on that particular item, there will be 
funds there for those people to have the money to get 
the uniforms. 



Captain O'Brien: What would happen if this 
becomes part of the wage package the Controller would 
make the necessary adjustments in our budget to provide 
for whatever they obtained. 

Louise Statzer: The other item is on page 9, 
and that is the 8250 Fingerprint Classifier and Clerk. 
I wrote a letter as I said to you before. In January 
of 1973, the Fingerprint Classifier put in a request 
for upgrading and a title change. They were successful 
in having their title changed from Fingerprint Classifier 
and Clerk to Fingerprint Technician. They were also 
surveyed by the Civil Service Staff and both positions 
were audited and they agreed that those people, the 8250 
is a dead end classification and there should be some 
lines of promotion for them. So they recommended Fin- 
gerprint Technician I, II and III. Now we went before 
the Finance Committee on this before with Lieutenant 
Lennon from Planning and Research. We were not granted 
the monies for the 82^9 Fingerprint Technician I and the 
8251 Fingerprint Technician III, however, in your budget 
you don't have any reference to having anything in there 
so that these people would have an opportunity to promote 
There is nothing in your budget to even indicate you want 



- 76 - 



to have a Fingerprint Technician I or Fingerprint 
Technician III. 



Captain O'Brien: I understand that these 
three different classifications have been approved 
by Civil Service and there are nc'-. promotive list 
out at the present time. They haven't given the 
examination for it. We are waiting for them once 
the list comes out we will request them. 



Louise Statzer: Well, we will just have 
to go again on a Supplemental and again before the 
Finance Committee and then again denied? 



Captain O'Brien: Well, we hope it won't 
be denied, but we will have to face that when it comes 



Mr. A. R. Roderick from the Civilian Arm 
of the Community Relations Unit, Taraval District, 
submitted a written request regarding items in the 
budget he would like to discuss. He pointed to such 
things as the Mounted Unit, and questions San Fran- 
cisco's jurisdiction for the patroling of the Ocean 
Beach. He was advised by Commissioner Richard Siggins 
that this matter would be taken up at next week's 
meeting. 



Sergeant Gale Wright, Traffic Bureau, re- 
quested to speak on the proposed deletion of 25 
solo/motorcycle officers from the budget and appealed 
to the Commission and the Chief to not arbitrarily 
delete those positions but to do away with them by 
attrition. He stated that there would be a number of 
retirees around July 1, and the difference between 
that number and the Chief's number would only be five 
or six positions. He then submitted written documenta- 
tion of his proposal to the Commission. 



Chief Gain stated that there probably would 
be five or six persons who might be affected and he 
was still having conversations about it. However, he 
stated that his recommendation to delete 25 solo/motor- 
cycle patrolmen and two Sergeants still stands. Pro- 
visions could be made for an extended date after July 
1, to a later time in regard to the five or six posi- 
tions if we should chose to do so after the development 
of facts. He further stated that the budget could 
be rubmitted as it is now effective 1 July and in the 
interim between now and 1 July we may well know rela- 
tively soon if we find that there are six persons who 
by 1 October will retire or be transferred whatever, 
then we can adjust the effective date of the budget 
in regards to six positions. He stated that we 
should have more factual information on this matter 
in two weeks. 



Sergeant Louis Calabro, Mission Station, 



m 



(Fl 



w« 



- I t - 



requested to speak in opposition of the proposed 
elevation of the Commanding Officer of the Commun- 
ity Relations Unit and the increase 6-f his salary 
commensurate with his proposed authority and re- 
sponsibility. He cited various sections of the 
Rules and Procedures of the Police Department, 
Charter Sections, and Sections from the Govern- 
ment Code to support his argument that the pro- 
posed elevation would be illegal. 



Mr. Joe Johnson, who works in the Mayor's 
Office as Deputy for Neighborhood Development, re- 
quested to speak in support of the proposed eleva- 
tion of the Commanding Officer of the Community 
Relations Unit . 

He stated that he came as a representative 
of several community organizations headed by the 
Baptist Ministers Conference under the leadership 
of W. R. Drummond representing some 135 Ministers 
and some 45 churches. 

He further stated that he wished that the 
Commission would consider favorably the modification 
of the salary of the Director of the Community Rela- 
tions and give it the rank and the prestige that it 
needs to continue functioning because it is now an 
integral part of San Francisco. 



Chief Gain instructed Captain George Eimil, 
Director of Personnel to produce and read a City 
Attorney's opinion which stated that the status of 
the Commanding Officer of the Community Relations Unit 
could be elevated to that of a Director and the pro- 
posal to do so in the budget has been interpreted to 
fall within the legal boundaries of that opinion. 



Commissioner Siggins: Chief Gain, do you 
think that you could find someone within the rank of 
Captain assuming that there is a legal problem mating it 
insurmountable? 



Chief Gain then stated that that focuses 
upon an individual and that he would speak to that : 
"It so happens that Community Relations effectiveness 
and reliability relates to one individual. As a fact- 
ual matter it happens to be the head of the Community 
Relations Bureau and especially Director Rodney Williams 
It is my judgement, Rodney Williams as an individual, 
in liis long history in Community Relations has been 
the one who has brought about the trust and the rap- 
port and communications to which I have referred and 
that that individual could not be replaced by anyone 
else in the San. Francisco Police Department. Specif- 
ically therefore in my judgement a Captain, neither a 
Captain nor any of the appointive positions between 
Captain and my office could fill that position it does 
now relate to an individual and that happens to be the 
way of organizational life. Many times where in a 
given history an organization in a city, it's -an indiv- 
idual who accomplishes' things in a remarkable way and 



■ 



- 78 - 



who, as an indivi 
fewer members had 
I mention. So th 
not have an indiv 
there are some 33 
tive positions an 
who could assume 
is essential and 
the San Francisco 
ities, particular 



dual, .would stack up of 


course if 


brought about these fa 


ctors that 


erefore I would submit, 


no, 


I do 


idual from the rank of 


Capt 


ain and 


of those and nor among 


the 


appoin 


d some are sitting here 


ton 


ight, 


that position and perpe 


tuat 


e what 


that is the relationshi 


p be 


tween 


Police Department and 


its 


commun- 


ly the Subcommunities . 







Commissioner Siggins called for a poll 
of the Commissioners and the budget was passed as 
submitted . 



RESOLUTION NO. 51-76 



RESOLVED, that the Budget of the San Francisco 
Police Department for the Fiscal Year 1976/77, as sub- 
mitted by Chief of Police Charles R. Gain in the fol- 
lowing amount, be, and the same is hereby approved: 



Budget 



$77,305,142 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



WEEKLY SICK REPORT. 



Chie f of Police Charles R. Gain submitted 
a report of members of the Department off duty due 
to sickness and disability for the week ending Sat- 
urday, January 31, 1976 at 2^00 hours, as follows: 



1 



Daily average for the week, sick 72 

Daily average for the week, disabled 99 

TOTAL 171 

Daily percentage for the week, sick 3-76 
Daily percentage for the week, disabled 5.28 

TOTAL 9.0 4 
The report was ordered filed. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 




!':>! 



■ 



- 79 - 



NOTIFICATION AND FILING OF CHARGES AGAINST 
POLICE OFFICER MICHAEL T. GALLGHER, TRAFFIC 
BUREAU - CONTINUED OFF CALENDAR 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



POLICE OFFICER DONALD G. LAUFER - IN MEMORIUM 



A communication was received from Chief 
of Police Charles R. Gain officially notifying 
the Police Commission of the death of Police Officer 
Donald G. Laufer, Northern Police Station, who died 
on Saturday, January 31,1976. 



The communication was ordered filed 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



The Commission then adjourned its meeting 
in memory of Officer Donald G. Laufer. 



A *\ 




- 80 - 

UUUUiViENTS 

FEB 1 8 1976 

9 FEBRUARY 1976 , SPECIAL MEETING iWHSSIg? 

The^Police Commission of the City and 
County of^SiTi Francisco met in their chambers, 
Room 551, Hall of Justice, 850 Bryant Street, 
on Monday, February 9, 197b at 1800 hours, in 
Special Session. 

■. 

■ 

PRESENT: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 

Commissioner Siggins presiding. 

The members of the Commission, having 
been furnished copies of the minutes of the meet- 
ing of February 2, 1976, reading of same was dispensed 
with and the minutes were approved. 

AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 52-76 



CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY 
(CHINATOWN RICKSHAW PERMIT) HEARING TO REVOKE - 
CONTINUED FOR THIRTY (30) DAYS 



WHEREAS, there was granted to Edmund L. Jung 
on August 10, 1964, a permit and/or license for the 
operation of three (3) Chinatown Rickshaws; and 



WHEREAS, pursuant to an investigation con- 
ducted by the Vehicle Inspection Detail of the San 
Francisco Police Department, the Chief of Police was 
advised that Edmund L. Jung was not operating his 
Chinatown Rickshaw, and had not so operated said 
vehicle for a period in excess of ten (10) consecu- 
tive days and was, therefore, in violation of the 
provisions of Section 1079 of the Police Code; and 



WHEREAS, Mr. Edmund L. Jung appeared before 
the Police Commission on Wednesday, July 30, 1975, 
Wednesday, October 8, 1975, Wednesday, December 10, 
1975, and on Monday, February 9, 1976, and each time 
requested an extension of time to allow him to resume 
his Chinatown Rickshaw service; and 



WhEREAS, the Police Commission feels that an 
additional extension of thirty days should be granted 
to Mr. Jung contingent upon his producing concrete 
evidence to the Commission of his request before the 



m ! 



- 81 - 



Board of Supervisors and th >ir acquiescence in 
bringing about legislation which would authorize 
him to charge a higher fee ''or. the passengers ut- 
ilizing his rickshaw servic 3; therefore be it 



RESOLVED, that tb request of Mr. Edmund 



L. Jung for an extension of time 
Commission does hereby gran for 
(30) days fi'om February 10, 1976 
to resume his Chinatown Ric shaw 
the same is hereby approved . 



to- which the Police 
a pt riod of thirty 
to March 10, 1976 
service , be , and 



AYES: Commissioner C'ani, Gal] egos , Hall, 
Murphy , Siggin 



The Police Commission then went into Executive 
Session: 



Meet and Confer with the San Francisco 
Police Supervisor.; and Investigators Associa- 
tion . 



Meet and Confer with the San Francisco 
Officers For Justice. 



The Commission then adjourned its meeting, 




) " ^\ 

7 t |L..? 4y : 

SECRETARY' \^ 



1 



- 82- 



11 FEBRUARY 19 76 REGULAR MEETING 



Th^.Police Commission of the City and 
County of^San Francisco met in their chambers, 
Room 551, Hall of Justice, 850 Bryant Street, 
on Wednesday, February 11, 1976 at' .1800 hours- 
in regular session. 



PRESENT: Commissioners Ciani, Hall,. Murphy, 
Siggins 

ABSENT: Commissioner Gallegos L»OOU.ivic.NTS 



Commissioner Siggins presiding. 

00 ^ " SAN FRANCISCO 

PUBLIC LIBRARY. 

The members of the Commission, having 
been furnished copies of the minutes of the meet- 
ing of February 4, 1976, reading of same was dis- 
pensed with and the minutes were approved. 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Galle-gos 



CHIEF'S REPORT TO THE POLICE COMMISSION 



Chief of Police Charles R. Gain, was unable 
to give his weekly report to the Commission having 
been called away to handle other police matters of a 
vital nature . 



Sergeant Lynn Etherington, Traffic Survey Department, 
submitted a report to the Police Commission regarding 
the following questions raised by the Commission at its 
meeting of February 2, 1976, on the installation of zon- 
ing for the regulation of traffc on the public streets: 

1. What criteria is used in granting parking 
zones ? 



Could we open this to public hearings' 



Commissioner Siggins suggested that prior to taking 

any official action on this matter, that the Commission 

should first take the next few days to study the Traffic 
Survey Department's report. 



RECOMMENDATIONS OF THE TRAFFIC BUREAU - APPROVED 



RESOLVED, that the recommendations of the 



- 83 - 



Traffic Bureau on the installation of zoning for 
the regulation of traffic on the public streets, 
be, and the same are hereby approved": 

SOUTH SIDE OF MC ALLISTER STREET-DEPT OF PUBLIC WORKS 

a) On the south side of McAllister Street, 
(at Leavenworth) install a 68' red 
zone, to extend from the easterly line 
of the east crosswalk to the westerly 
line of the west crosswalk (on south side 
of McAllister) . 



1481 THIRD STREET - COFFEE & TEA LTD., 



a) At l48l Third Street, install a 20' 
green zone, to extend from 20' - 40' 
south of the north property line. 



SOUTH SIDE OF PHELAN AVENUE 



CITY COLLEGE OF SAN 
FRANCISCO 



a) On the south side of Phelan Avenue, 
install a 106' green zone, to extend 
from the City College administration 
lot entrance to the Cloud Circle 
entrance . 



434 O'FARRELL STREET - AVCAR-RENTAL OF SAN FRANCISCO, 

INC. 



a) At 434 O'Farrell Street, install a 
24' white zone, to extend east of 
the west property line . 



b) Permission to display portable No 
Parking signs in conjunction with 
this white zone . 



c) Remove parking meter OFA-418 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 



REVOKED 



RESOLVED, that the recommendation of the 
Traffic Bureau on the revocation of 247 feet of 
yellow zones at various parts of the City at the 
locations submitted, be, and the same are hereby 
approved . 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 



ABSENT: Commissioner Gallegos 



( ■■;■ - ; 



RESOLUTION NO. 53-76 



ROBERT J. MACEY AND HIS 
ATTORNEY MICHAEL J. MANDEL 



RESOLVED, that the recommendation of the 
City Attorney for full settlement of costs due on 
case tried on Petition for Mandamus-Annulment of 
Decisions of Retirement Board and Police Commission 
in Superior Court Action No. 687-372, in the sum of 
$590.98, be, and the same is hereby approved. 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 



RESOLUTION NO. 54-76 



RECOMMENDATION OF THE CHIEF OF POLICE FOR APPROVAL 
OF TRAVEL EXPENSES INCURRED BY INSPECTOR HAROLD M. 
SUSLOW, BUREAU OF INSPECTORS, TO ATTEND A STATE- 
WIDE CONFERENCE OF THE CALIFORNIA METAL INVESTIGATORS 
ASSOCIATION ON JANUARY 29, 1976 AND JANUARY 30, 1976, 
IN SACRAMENTO, CALIFRONIA. 



WHEREAS, on the recommendation of the 
Chief of Police, Inspector Harold M. Suslow, Bureau 
of Inspectors, received permission from the Police 
Commission to attend the State-Wide Conference of 
the California Metal Investigators Association at 
Sacramento, California; and 



WHEREAS, Inspector Harold M. Suslow, did 
travel to Sacramento, California, to attend said 
conference on January 29, 1976 and January 30, 1976; 
therefore be it 



RESOLVED, that expenses in the amount of 
$54.40 incurred by Inspector Harold M. Suslow, Bureau 
of Inspectors, while attending this conference are 
hereby approved. Expenses will be defrayed by the 
Police Department's Officers' Training Fund. 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 



ABSENT: Commissioner Gallegos 



- 85 - 



PERMISSION TO FILE CIVIL SUIT - APPROVED 



The request of Police Officer Thomas J. 
Sweeney, Traffic Bureau, for permission to file 
a civil suit for damages sustained in an automo- 
bile accident, be, and the same is -hereby approved, 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 



ABSENT: Commissioner Gallegos 



TRANSFER OF JITNEY BUS PERMIT 



APPROVED 



The matter of the transfer of th 
to operate a jitney bus by the following-n 
person was called, it having been advertis 
the official newspaper in accordance with 
visions of ordinance applying thereto. Th 
feror and transferee appeared in person an 
not represented by counsel. The Commissio 
the transfer of whatever right, title or i 
the within-named transferor might have to 
jitney bus to the within-named transferee; 
proval contingent upon the transferee fill 
the Police Commission the appropriate bond 
insurance policy as provided by the Police 



e right 

amed 

ed in 

the pro- 

e trans- 

d were 

n approved 

nterest that 

operate a 

said ap- 
ng- with 

and/ or 

Code : 



TRANSFEROR 



TRANSFEREE 



NO. OF PERMITS 



Gerald T. Golden Thomas Hardy 1 

132 Codo Street 7^9 London Street 

Moss Beach, California San Francisco, California 

Route: Mission Street - Ferry to Sickles Avenue 



AYES: Commissioners Ciani, Hall, Murphy 
Siggins 

ABSENT: Commissioner Gallegos 



-RESOLUTION NO. 55-76 



AUTHORIZING ATTENDANCE OF INSPECTOR TIMOTHY F. CASEY 
AND ASSISTANT INSPECTOR JOHN S. SULLY, BUREAU OF 
INSPECTORS, AT THE SOUTHERN CALIFORNIA ROBBERY IN- 
VESTIGATORS ASSOCIATION STATE ROBBERY SEMINAR IN 
SAN JOSE, CALIFORNIA, ON FEBRUARY 11, 12, AND 13,1976 



RESOLVED, that the recommendation of the 



- 86 - 



Chief of Police that Inspector Timothy F 1 . Casey 
and Assistant Inspector John S. Sully, Bureau of 
Inspectors, be detailed to attend the Southern 
California Robbery Investigators Association State 
Robbery Seminar In San Jose, California, on Feb- 
ruary 11, 12, 'and 13, 1976, be, and the same is 
hereby approved; and be it further- 



RESOLVED, that expenses incurred by 
Inspector Timothy P. Casey and Assis.tant Inspector 
John S. Sully, Bureau of Inspectors, in a sum not 
to exceed $91.00 each In attending the Southern 
California Robbery Investigators Association State 
Robbery Seminar in San Jose, California, will be 
defrayed by the Police Department's Police Officers' 
Training Fund. 



AYES: Commissioners Ciani 
Siggins 



Hall, Murphy, 



ABSENT: Commissioner Gallegos 



PROPOSAL TO AMExJD RULE 2.18 OF THE RULES AND PRO- 
CEDURES OF THE SAN FRANCISCO POLICE DEPARTMENT. 
(Appearances before the Police Commission.) 



AMEND 
2.18 



Unless dire 


to appear i 


shall, when 


Commission 


either on o 


in civilian 


the wearing 


suit coat o 


members sha 



cted by the Chief of Police 

n uniform, a male sworn member 

appearing before the Police 
at Police Commission meetings, 
r off duty, be dressed neatly 
attire which shall include 
of a shirt with tie and a 
r sports coat. Female sworn 
11 be neatly dressed. 



For the .purposes of this rule, an appearance 
is the presence of any sworn member of the 
Police Department in the audience, who ad- 
dresses the Police Commission on any subject, 
or who sits at Counsel's table and acts in 
his own behalf or in a representative capacity 
for any other officer, person or organization. 





Captain 


O'Br 


ien. 


Department 


"You 


recall 1 


.ast 


week 


's meeting 


on calendar t 


;o re 


peal 


this rule 


the 


Department to 


app 


ear in unif 


and 


there was 


: some discussion on 


now 


to amend 


the 


rule 


to provide 


memb 


ers to appear 


in 


uniform but 


deci 


des that 


they 


should not app 


gives some type c 


loth 


ing that th 


wear 


■ a suit, 


coat 


or 


a sports co 



Secretary, stated: 
that there was an item 
requiring members of 
orm before the Commission 
it. This is the request 
that the Chief may order 
in the event that he 
ear in uniform, then it 
ey must wear. They must 
at and a tie and a shirt . 



Commissioner Siggins: I read it and the way I read 
It now is that if the Chief doesn't order somebody to 
come in Uniform then they can't come in Uniform, they have 



II 



to wear civilian clothes. So why can't someone 
if they want to wear a uniform come to a meeting 
in their uniform? 



Captain O'Brien: Well, I just think the Chief's 
idea was that' it wouldn't be necessary to wear the 
uniform except on a special occasion and he wanted 
to have some kind of a rule where everyone would be 
the same. 



Commissioner Siggins : Right, now suppose some- 
body came in for a disciplinary hearing and they wanted 
to wear their uniform? As I read it here they are out 
of 

Captain O'Brien: The Chief could instruct them 
to wear their uniform. 

Commissioner Siggins: Suppose I wanted to wear 
a uniform. It says "unless directed by the Chief, a 
male sworn- member shall be dressed in Civilian Attire 
It would seem to me that there could be 

Captain O'Brien: Well, we could add it in there 
because next week is when you could take action. We 
could put "unless ordered by the Chief of Police or 
at the option of the Wearer." 

Commissioner Siggins: Yeah, that's what I meant. 

Commissioner Ciani : You could substitute the 
word "may " for "shall" in those places, I think it 
might. ..... The way it is written, female members 

shall be dressed, there isn't any.... the phrase about 

the direction of the Chief of Police on who shall 
appear in uniform doesn't apply to the Female. So 

it should be, it should not be a separate sentence. 

It should have this, place a colon here- and make it (1) and 
(2). 

Attorney Stephen B. Bley representing the Police 
Officers' Association: In regards as to what you are 
stating that there are many witnesses or' officers that 
are called at future hearings either during their working 
hours or coming right after and by necessitating as you 
point out that they could not wear uniforms would be 
creating a greatinconvenience and added expense of hav- 
ing them run home and get civilian clothes, so I would 
certainly concur with your suggested changes that "Unless 
directly ordered by the Chief to wear the uniform, they 
may or may not wear a uniform but must appear under the 
aforementioned stipulated coat and tie, etc. 

Commissioner Siggins: I would just say, see line 
four- Captain? I would just say, "either on or off duty 
be dressed in uniform or neatly in civilian attire." 

Commissioner Murphy: "Unless otherwise ordered by 
the Chief of Police ." 

Commissioner Siggins: Yes, that is up in front. 



- 88 - 



Captain O'Brien: We can say the same thing 
about the female members then, "unless ordered 
by the Chief of Police." 

Commissioner Siggins: Commissioner Ciani 
points out that perhaps at the end. of the first 
line, uniforms should be ended with" a colon and 
a semi-colon after sports coat in the last line 

Commissioner Ciani: And put a -1- in () parenthesis 
before, "a male sworn member," and then a semi-colon 
and a -2- in () parenthesis before, '"and female sworn 
members," so that the first phrase modifies both. 

Stephen Bley: Is there any discussion as to 
what constitutes female neat attire dress and or 
pants suit or 'something along that line? 



Captain O'Brien: That is why we made that brief 
we didn't want to get into that. 



Stephen Bley: We just want, a little interpreta- 
tion here. Some one comes in in a neat pair of culottes 
or something like that. Could that cause a problem? 

Commissioner Murphy: I think that this is a 
judicial group. I think most judges for example, ask 
men to dress more appropriately when they are in in- 
appropriate dress. 

Stephen Bley: Not to belabor the issue, .but I could 
see that if some Commissioners felt that pant suits 
were not appropriate, I think the courts now certainly 
have no objection to a female entering court in pants, 
but there was at one time. I think there might be a 
....... perhaps a point to have some delineation that 

pants would be appropriate. It would certainly seem 
appropriate to allow a police person to wear a pants 
suit . 

Commissioner Siggins: Yes, but I don't think it 
has to be spelled out or anything. 

Stephen Bley: If the Commission feels at this 
point that it would not be a problem, we would not 
want to see at a future time when someone comes in with 
a very avant garde pants suit that there would be ob- 
jections . 

Captain O'Brien: Next week is when it is up for 
action . 

Commissioner Murphy: I think we could add, "neatly 
and appropriately dressed." I can see some one in a 
pants suit but not in shorts or something of that nature 
or a halter . 

Stephen Bley: I agree with you, but simply from a 
legal standpoint that is an open definition, but I 
guess we can cross that bridge when we get to it. 

Commissioner Siggins: Captain O'Brien is that al- " 
right? Then it is understood that this will be presented 
next week as modified. 



- u9 



MR. A'. R. , RODERICK, MEMBER OP THE COMMUNITY RELATIONS 
EXECUTIVE BOARD, TARAVAL POLICE DISTRICT. 



Commissioner Siggins : Mr. Roderick is not pre- 
sent. Me knew that he would be on calendar tonight. 
I will take it upon myself to contact him. I know 
he wanted to make a presentation and we will put it 
over to a later time. 



WEEKLY SICK REPORT 



Chief of Police Charles R. Gain, submitted 
a report of members of the Department off duty due 
to sickness and disability for the week ending Satur- 
day, February 7 3 1976 at 2400 hours, as follows: 



Daily average for the week, sick 57 
Daily average for the week, disabled 94 

TOTAL 151 

Daily percentage for the week, sick 2.94 

Daily percentage for the week-, disabled 5.05 

TOTAL 7-99 

The report was ordered filed. 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 

RESOLUTION NO. 56-76 

POLICE OFFICER MICHAEL T. GALLAGHER, TRAFFIC BUREAU 



WHEREAS, charges of violating the Rules and 
Procedures of the San Francisco Police Department were 
filed against Police Officer Michael T. Gallagher, as 
follows : 



SPECIFICATION NO. 1 

Failure to Obey a Lawful Order of 
a Superior Officer (Violation of 
Section 2.45 of the Rules and Pro- 
cedures of the San Francisco Police 
Department ) 



- 90 - 



SPECIFICATION NO. 2 

Leaving an Assigned Detail without 
Lawful Authority (Violation of Sec- 
tion L K29 of the Rules and Procedures 
of the San Francisco Police Department) 



and 



WHEREAS, further charges of violating 
the Rules and Procedures of the San -Francisco 
Police Department were filed against Police Officer 
Michael T. Gallagher, as follows: 



SPECIFICATION NO. 1 



Being under the influence of intoxicat- 
ing liquor while off duty. (Violation 
of Section 2.125 of the Rules and Pro- 
cedures of the San Francisco Police 
Department ) 



by Charles D. Korelec, Captain of Traffic, therefore 
be it 

RESOLVED, that the hearing before the Police 
Commission on charges filed against Police Officer 
Michael T. Gallagher, Traffic Bureau, be, and the 
same is hereby set for Wednesday, February 25, 1976 
at 6:00 p.m., in Room 551, Hall of Justice. 



AYES: Commissioners Ciani, Hall, Murphy 
Siggins 

ABSENT: Commissioner Gallegos 
RESOLUTION NO. 57-76 



HEARING OF POLICE OFFICER MICHAEL CHAN, NORTHERN 
POLICE STATION 



WHEREAS, the hearing of Police Officer 
Michael Chan, Northern Police Station, was called, 
it having been set for this date; and 



WHEREAS, at the meeting of Wednesday, 
February 11, 1976, Mr. Stephen Bruce Bley, stated 
that the injuries sustained by Police Officer Michael 
Chan, while in the performance of his duties, are so 
serious that he has been incapacitated for the past 
several weeks with the possibility of facing further 
hospitalization; therefore be it 



RESOLVED, that the date for the hearing of 
the disciplinary charges filed against Police Officer 
Michael Chan will be held in abeyance pending notifi- ■ 
cation by Dr. Norman Steiner, Police Surgeon, of Police 
Officer Michael Chan'.s suitable recovery, and certifi- 



- 91 - 



cation to return to duty 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 



RESOLUTION NO. 51 



■76 



WITHDRAWAL OF CHARGES PILED AGAINST POLICE OFFICER 
RAYMOND R. PORTUE, CRIME SPECIFIC TASK FORCE. 



WHEREAS, charges of violating the Rules 
and Procedures of the San Francisco Police Depart- 
ment were filed against Police Officer Raymond R. 
Portue, Crime Specific Task Force, as follows: 



SPECIFICATION NO. 1 



Use of excessive force against a 
citizen without lawful authority 
(Violation of Section 2.13 of the 
Rules and Procedures of the San 
Francisco Police Department) 



SPECIFICATION NO. 2 



Failure to answer truthfully and without 
evasion questions propounded (Violation 
of Section 2.49 of the Rules and Proced- 
ures of the San Francisco Police Depart- 
ment ) 



by James H. Ludlow, Captain of Police, former Com- 
manding Officer of the Field Patrol Company; there- 
fore be it 



RESOLVED, that the above-stated charges 
filed before the Police Commission on December 3 3 
1975, against Police Officer Raymond R. Portue, 
Crime Specific Task Force, be, and the same are 
hereby withdrawn ; and be it further 



RESOLVED, that the filing of said charges 
against Police Officer Raymond R. Portue on December 
3, 1975, and subsequent withdrawal of same on February 
11, 1976, shall not in any way have a reflection on 
the veracity or the ability of the officer and he shall 
be returned to his previous status of Departmental re- 
spectability, earned prior to said charges being filed 
against him. 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 



92 



Captain O'Brien: In July of last year 
the former Police Commission approved a request 
for a Supplemental Appropriation for the purpose of 
making two new appointive jobs within the Police 
Department. One was the Director of the Police Com- 
munity Relations Bureau and the other was Custodian 
of Property down in the Property Clerks' Office. As 
you know the Custodian of Property position is not in 
the new budget but the Director of Community Relations 
is. What we are requesting is that we pull back the 
first request for a Supplemental Appropriation and 
the Commission adopt a new one having just the Director 
of the Police Community Relations Bureau with the hope 
that this could be made effective prior to July 1, it 
has been hanging fire for quite some time and we've 
set a date of March 3, on our Supplemental Appropria- 
tion whether 'it will be that quick, we don't know, but 
we have to pick some date to get it started. 



Commissioner - Siggins : Are you going to give 
us the figures? 



Captain O'Brien: Yes, this is a request 
from any fund designated" by the Mayor or Controller 
in the amount of $13 3 ^95-00. That would carry him 
from March 3, through the fiscal year. That takes 
care of the Health Service, the retirement, the fringe 
beneifts, plus the salary. 



Stephen Bley: May I speak Mr. Commissioner? 
I am not sure I understood what is -happening . There 
was no notice on the agenda, it is simply presented 
that the Commissioners have been asked to support the 
Chief's position that there be a recommendation for 
some funds for what, I heard the two positions, but 
it wasn't clear. 



Captain O'Brien: In July of last year the 
Commission approved a Supplemental Appropriation for 
two positions, the Custodian of Property and the Di- 
rector of Police Community Relations. The Custodian 
of Property position has been dropped from the budget . 
Therefore it is not in contention now. We are request- 
ing permission to recall the first Supplemental Appro- 
priation and put in a new Appropriation with just the 
one position of Director of Police Community Relations 
in it . 



Stephen Bley: Does this tie in with the 
request that was made earlier reclassifying or re- 
designating the position of the head of the Community 
Relations? 



Captain O'Brien: That is correct. 



-93'- 



Stephen Bley : You had it on Calendar 
last week. 



Captain O'Brien: That was a budgeted item, 
it is in our budget. 



Stephen Bley: Was there any action taken 
by the Board in asking the approval of changing the 
status because I understand there was an elevation 
in the line of Command from 



Captain O'Brien: It was setting a salary 
for the position higher than it is now and the Police 
Commission approved the budget of which that was a 
part and it has gone up to the City Hall now for further 
hearings at the Mayor's Office and the Board of Super- 
visors . 



Stephen Bley: This is simply the mechanics of 
raising the 



Captain O'Brien: This is the mechanics to 
have it started sooner than July 1, if the money is 
appropriated. (See Resolution No. 60-76, Page 96.) 



Stephen Bley: Thank you 



STATEMENT OP THE COMMISSION 



Commissioner SIggins : There is a comment 
the Commission wanted to make about an article in 
today's San Francisco Chronicle about the anticipated 
Supplemental Appropriation in the sum of $7 3 500 dollars 
to change this platform and Commissioner Hall wanted 
the contract. Commissioner Murphy said she could do it 
herself. All we really wanted to do was change some 
of the things over on that side, left side of the bench 
here. We don't want to spend $7,500 dollars. 



Commissioner Murphy: No way 



Commissioner Ciani: I think the record should 
show In the light of this reporting a request was put in 
prior to the time we were appointed and that we don't 
intend to spend that kind of money on improving either 
this bench or the public address system which is rarely, 
if ever, used and is something we are prepared to. .fore'go, 
and 'we are going,.torinyestigate.' and, doing-the ' j obt' 
with minor carpentry so that our legs would fit under 
here and pending some solution, we will consider with- 
drawing or supplementing to reduce that budget request. 
I don't know what the procedure would be, but if it appears 
that we can do it less expensively, we will withdraw that 



- 94 - 



budget request, otherwise we will reduce it to what- 
ever is necessary to do the job that we feel is nec- 
essary to do. 



HEARING OF APPEAL OF SUSPENSION WITHOUT PAY OF PARK- 
ING CONTROLMAN MARY GLASS, TRAFFIC BUREAU 



The hearing of the appeal of the suspension 
of Parking Controlman Mary Glass, was -called, it hav- 
ing been set for this date. Parking Controlman Mary 
Glass appeared in person and was represented by Mr. 
Stewart Weinberg, Attorney at Law. 



Captain Mortimer •. F. Mclnerney, Acting Chief 
of Inspectors, appeared as Prosecutor for the Police 
Department . 



The following named witnesses appeared for 
the Prosecution, were sworn and testified: 



Sergeant Raymond Michelis 
Traffic Bureau 



Sergeant Edgar J. Eimil 
Traffic Bureau 



Parking Controlman Lester Santos 
Traffic Bureau 



Parking Controlman Deanna Faenzi 
Traffic Bureau 



The following named witness appeared for the 
Defense, was sworn and testified: 



Parking Controlman Mary Glass 
Traffic Bureau 



The following exhibit was read into Evidence 
by the Defense: 



EXHIBIT A - Statement of Dr. Edward D. 
McLin, 450 Sutter Street, 
San Francisco, regarding Parking 
Controlman Mary Glass' Physical 
condition. 

Captain Mortimer F. Mclnerney, Prosecutor 
for the Police Department, sunmitted the closing argument 
on behalf of the Prosecution.' 



Mr. Stewart Weinberg, ittorney for the Def< 



-95- 



submitted his closing argument on behalf of Parking Control- 
man Mary Glass. 



At the conclusion of the testimony the Police 
Commission recessed from 2017 hours to 2053 hours, after 
which the following resolution was 'adopted: 



RESOLUTION NO. 59-76 



DECISION - HEARING OF APPEAL OP SUSPENSION WITHOUT 
PAY OF PARKING CQNTROLMAN MARY GLASS, TRAFFIC BUREAU 

WHEREAS, Parking Controlman Mary Glass, 
Traffic Bureau, was suspended without pay by the 
Chief of Police pursuant to Section 8 . 3^3 of the 
Charter of the City and County of San Francisco, 
and Rule 3-06 of the Rules and Procedures of the 
San Francisco Police Department, for a period of 
five (5) working days effective 0001 hours, Monday, 
November 17, 1975, and terminating at 0001 hours, 
Saturday, November 22, 19-75; and 



WHEREAS, pursuant to Rule 5.160 of the 
Rules and Procedures of the San Francisco Police 
Department, Parking Controlman Mary Glass, Traffic 
Bureau, did file with the Secretary of the Police 
Commission a written appeal of her suspension by 
the Chief of Police; and 



WHEREAS, a hearing on said suspension was 
heard by the Police Commission on Wednesday, February 
11, 1976; and on Wednesday, February 11, 1976, the 
matter was submitted to the Police Commission for de- 
cision; and 



WHEREAS, the Police Commission finds that 
said charges made and filed against Parking Control- 
man Mary Glass are sustained by the evidence presented 
at the said hearing held on February 11, 1976, and that 
Parking Controlman Mary Glass violated Sections 9.29, 
2.45 and 9.149.1 of the Rules and Proceudres of the 
San Francisco Police Department; therefore be it 



RESOLVED, that it is the order of the Police 
Commission that the suspension of Parking Controlman 
Mary Glass, Traffic Bureau, from duty without pay for 
five (5) working days effective 0001 hours, Monday, 
November 17, 1975, and terminating at 0001 hours, Sat- 
urday, November '22, 1975, be, and the same is hereby 
affirmed and approved. 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 



ABSENT: Commissioner Gallegos 






- 96 - 



Recess taken in the hearing of 
Parking Controlman Mary Glass: 

2017 hours to 2053 hours. 



(The entire proceedings were taken 
in shorthand form by Hearing Reporter 
Dorsey A. McTaggart , C.S.R.) 



RESOLUTION NO. 60-76 



REQUEST FOR SUPPLEMENTAL APPROPRIATION 



RESOLVED, that the Controller be, and he 
is hereby requested to draw a Supplemental Appro- 
priation Ordinance in the amount of $13,495 from any 
fund designated by the Mayor or Controller, and credit 
It to the following appropriations in the amounts in- 
dicated: 



Appropriation No. 5 . l6l . 110 . 000 . 000 Permanent 

Salaries - Uniform Mandatory 
Fringe Benefits $8,507 



Appropriation No. 5 . 161. S60 . 863 . 000 Retirement$4 , 901 



Appropriation No. 5 . l6l . 860 . 865 . 000 Health 

Service System 



87 



to provide f 
Community Re 
a salary whi 
tain of Poli 
crease of 13 
in litigatio 
is ruled ill 
revert to th 
increase whi 



unds for the position of Director of 
lations effective March 3, 1976, at 
ch is equivalent to that of a Q80 Cap- 
ce ($2444 per month) providing the in- 
.5% effective .October 15, 1975, currently 
n, Is approved. However, if said increase 
egal by the Courts, then said salary would 
e amount of a Captain's salary prior to said 
ch was in the amount of $2162 per month. 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 



ABSENT: 



Commissioner Gallegos 



MATRON MRS. MARY C. PETERS - IN MEMORIUM 



A communication was received from Chief 
of Police Charles R. Gain officially notifying the 



- 97 



Police Commission of the death of Matron Mary C 
Peters, City Prison, who died on Wednesday, Feb- 
ruary 11, 19 76. -■ 



The communication was ordered filed. 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 



ABSENT: Commissioner Gallegos 



The Commission then adjourned its meeting 
in memory of Matron Mary C. Peters. 



Mm * 




SECRETARY 



- 98 - 



DOCUMENTS 

FEB 2 5 1975 



18 FEBRUARY 1976 



^Ht^udt-J 



REGULAR MEETING 



MTt^fS? 



The^olice Commission of the City and 
County of>San Francisco met in their chambers, 
Room 551, Hall of Justice, 850 Bryant Street, 
on Wednesday, February 18, 1976 at l800 hours, 
in regular session. 



PRESENT: Commissioners Cianl, Gallegos, Hall, 
Murphy, Siggins 

Commissioner Siggins presiding. 



The- members of the Commission, having 
been furnished copies of the minutes of the meet- 
ing of February 11, 1976, reading of same was dis- 
pensed with and the minutes were approved. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



CHIEF GAINS' REPORT TO THE POLICE COMMISSION, 



Chief Gain: "Within approximately three weeks, 
I will be recommending to the Commission an interim re- 
organization plan. There is an immediate need to re- 
structure the top command functions and ranks so as 
to narrow the span of control, and perhaps to eliminate 
some of the present titles we have and adopt more ap- 



propriate ones. Appropriate personnel, e 



officers 



of the several employee organizations and ranking officers, 
will be conferred with regarding the plan during various 
stages of its development and before it is submitted to 
the Commission. 



I will be appointing persons to exempt positions 
in approximately three weeks in conjunction with, or at 
an appropriate time, following the adoption of, the interim 
reorganization plan. The appointments will be made in 
accordance with Charter Sections 3-533 and 3-501. 

A Training Committee, comprised of three (3) 
male and three (3) female officers from the 126th and 
127th Recruit Classes, Training Staff, and persons from 
Project Agility, are developing a continued Recruit Class 
Curriculum for the 126th and 127th Classes. 

In-depth surveys are being made of the 
Internal Affairs Bureau and the Permit Bureau. Procedural 
and other changes are needed in the I.A.B. process. As 
regards to the Permit Bureau, there are some problems 
attending the issuance of the various types of permits 
as, for example, how they are being issued in the several 
district stations and the Hall of Justice, and 1 want 
to ensure uniformity. There are questions to be answered 
in the survey, e.g., whether Police Personnel should be 
issuing- permits; whether, perhaps, non-sworn personnel 
could be utilized; or whether the permit issuance process 



_ qo _ 



should remain in the Police Department. If changes 
in either bureau function is warranted, appropriate 
recommendations will be submitted to. the Commission. 

Lastly, a drinking on-duty problem exists 
within the Department and it is requested that the 
Police Commission adopt the following In the form of 
a resolution: 

While the Police Commission cannot pre- 
judge disciplinary cases that may come 
before them, we cannot foresee any cir- 
cumstances that would permit us to con- 
tinue the employment of an officer found 
guilty of intoxication on-duty. We further 
feel that strong action must be taken to 
eliminate drinking while on duty, or whether 
on or off-duty, to such an extent that an 
officer will not always be prepared to 
exercise police powers and be entrusted 
with the performance of police duty in a 
calm, deliberate and efficient manner. 

I will be issuing a memorandum to all 
personnel regarding the prohibition against drinking 
on-duty which will be done shortly." 

RESOLUTION NO. 66-76 



STATEMENT OF THE POLICE COMMISSION REGARDING INTOXI- 
CATION AND DRINKING ON DUTY 



WHEREAS, Chief of Police Charles R. Gain 
appeared before the Police Commission and requested 
the Police Commission adopt a policy statement in 
the form of a resolution regarding police officers 
drinking on duty; and 



WHEREAS, the Police Commission, in concur- 
rence with Chief Gain's request, will adopt a policy 
statement which reads as follows: 

While the Police Commission cannot pre- 
judge disciplinary cases that may come 
before them, we cannot foresee any cir- 
cumstances that would permit us to con- 
tinue the employment of an officer found 
guilty of intoxication on duty. We further 
feel that strong action must be taken to 
eliminate drinking while on duty, or whether 
on or off duty, to such an extent that an 
officer will not always be prepared to 
exercise police powers and be entrusted 
with the performance of police duty in a 
calm*, deliberate and efficient manner. 



therefore be it 



RESOLVED, that it is the order of the Police 
Commission that the policy statement as written above 



- 100 - 



and requested by the Chief of Police, be, and the 
same is hereby approved; and be it further 



RESOLVED, that it is the order of the 
Police Commission that said policy statement is to 
be distributed in the form of a Permanent Order to 
all stations and bureaus in the Department. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



CHIEF GAIN 

"A more comprehensive report regarding the installa- 
tion of the various traffic zones Is to be forthcoming 
from Captain Charles D. Korelec, Commanding Officer of 
the Traffic Bureau." 



RECOMMENDATIONS OP THE TRAFFIC BUREAU - APPROVED 



RESOLVED, that the recommendations of the 

Traffic Bureau on the installation of zoning for the 

regulation of traffic on the public streets, be, and 
the same are hereby approved: 



540 BUSH STREET - MR. RICHARD W. STOREK 



m 



a) At 540 Bush Street, install an 18' 
yellow zone, to extend east of the 
west property line. 



1519 O'FARRELL STREET - SAN FRANCISCO REDEVELOPMENT 

AGENCY 



a) At 1519 O'Farrell Street, install a 
66' white zone, to extend from 24' - 
90' west of Hollis Street. 



b) Permission to display portable No Parking 
signs in conjunction with this white zone, 



730-736 IRVING STREET - THE COUNTRY ROAD 



a) At 730-736 Irving Street, install a 16 ' 
white zone, to extend east of the west 
property line. 



b) Permission to display portable No 
Parking signs in conjunction with 
this white zone. 

c) Remove parking meter IRVING-718. 



- iUl - 



2829 CALIFORNIA STREET - SAN FRANCISCO AMBULANCE SERVICE 



a) At 2829 California Street, install a 38' 
red zone, to extend east of the west 
property line. 



WEST SIDE STEUART STREET., NORTH OF 

MISSION - GALBREATH-RUFFIN CORP 



a) On the west side of Steuart Street, north 
of Mission, install a 66' white zone, to 
extend from 124' - 190 'north of Mission. 



b) On the north side of Mission Street,, west 
of Steuart, install a 44' white zone, to 
extend from 120' - 164 ' west of Steuart. 



c) Permission to display portable No Parking 

signs in conjunction with these white zones 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



REVOKED 



RESOLVED, that the recommendations of the 
Traffic Bureau on the revocation of 377 feet of red 
and yellow zones at various parts of the City at the 
locations submitted, be, and the same are hereby ap- 
proved. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 61-76 



SHARON JOLENE LARIMORE AND 
HER ATTORNEY EDWARD C. BELL 



RESOLVED, that the recommendation of the 
City Attorney for settlement of litigation of Sharon 
Jolene Larimore , in the sum of $500 in Superior Court 
Action Number 661-741 entitled, "Sharon Jolene Larimore, 
Plaintiff, vs. City and County of San Francisco, etc., 
et al., Defendants", as the result of damages sustained, 
be, and the same is hereby approved. 

Date of Incident; September 8, 1972 

AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



- 102 - 



CALIFORNIA PEACE OFFICERS' TRAINING FUND 



Chief of Police Charles R. Gain officially 
notified the Police Commission of the receipt by the 
San Francisco Police Department of a check in the 
amount of $120,69^.95 from the California Peace 
Officers' Training Fund as the Police Department's 
reimbursement from this fund for the training of 
newly appointed police officers and in-service train- 
ing of officers of the Department covering the second 
quarter for the fiscal year 1975/76. 



n 



The Police Commission acknowledged receipt 
of the check by the San Francisco Police Department, 
and ordered that It be forwarded to the Controller 
for deposit in accordance with the provisions of 
Chapter 10, Section 10.117-3 of the Administrative 
Code of the City and County of San Francisco. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



TRANSFER OF TAXICAB PERMIT --APPROVED 



The 
to operate a t 
was called, it 
newspaper in a 
nance applying 
appeared in pe 
The Commission 
title or inter 
might have to 
transferee; sa 
filing with th 
and/or insuran 



matter of the transfer of the right 
axicab by the following-named person 

having been advertised in the official 
ccordance with the provisions of ordi- 

thereto. The transferor and transferee 
rson and were not represented by counsel. 

approved the transfer of whatever right, 
est that the within-named transferor 
operate a taxicab to the within-named 
id approval contingent upon the transferee 
e Police Commission the appropriate bond 
ce policy as provided by the Police Code: 



a 



TRANSFEROR 



TRANSFEREE 



NO. OF PERMITS 



Mrs. Barbara Hubner 
7101 Thorndale Avenue 
Oakland, California 



Mr. Winston Guey Wong 1 
1500 South Van Ness Avenue 
San Francisco, California 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 62-76 



RULES AND PROCEDURES OF THE SAN FRANCISCO POLICE 
DEPARTMENT - AMENDED 



RESOLVED, that effective 0000 hours, Thursday, 



- 10? - 



February 19, 1976, the Rules and Procedures of the 
San Francisco Police Department are hereby amended 
to read, as follows: 



AMEND 
2.18 



Unless directed by the Chief of Police 
to appear in uniform: 



1) A male sworn member appearing before 
the Police Commission at Police Com- 
mission meetings, either on or off 
duty, may be dressed in his official 
police uniform or may be dressed neatly 
in civilian attire which shall include 
. the wearing of a shirt with tie and a 
suit coat or sports coat; and 



2) A female sworn member appearing before 
the Police Commission at Police Commis- 
sion meetings, either on or off duty, 
may be dressed in her official police 
uniform or may be neatly and appropri- 
ately dressed in civilian attire. 



For the purposes of this rule, an appearance 
is the presence of any sworn member of the 
Police Department in the audience who addresses 
the Police Commission on any subject, or who 
sits at Counsel's table and acts in his own 
behalf or in a representative capacity for 
any other officer, person or organization. 



AYES: Commissioners Ciani, Gallegos, Murphy, 
Siggins 

NAY: Commissioner Hall 



WEEKLY SICK REPORT 



Chief of Police Charles R. Gain, submitted 
a report of members of the Department off duty due to 
sickness and disability for the week ending Saturday, 
February 14, 1976 at 2400 hours, as follows: 



Daily average for the week, sick 
Daily average for the week, disabled 

TOTAL 
Daily percentage for the week, sick 
Dally percentage for the week, disabled 

TOTAL 
The report was ordered filed. 



49 
99 



148 


2.62 


5.45 



8.07 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



- 104 - 



RESOLUTION NO. 63-76' 



SERGEANT WILLIAM S. SISACK, CENTRAL' POLICE STATION- 
CONTINUED OFF CALENDAR 



WHEREAS, on Friday, January 17, 1975, at 
0800 hours, Donald M. Scott, Chief of Police, San 
Francisco Police Department, suspended from duty without 
pay Sergeant William S. Sisack, Central Police Station, 
pending hearing before the Police Commission on charges 
to be filed against him; and 



WHEREAS, on January 22, 1975, James M. Curran, 
Captain of Police, Commanding Officer of the Central 
Police Station, made and served charges against Sergeant 
William S. Sisack, reading as follows: 



SPECIFICATION NO. 1 



Conviction of a felony. (Violation of 
Section 2.13 of the Rules and Procedures 
of the San Francisco Police Department) 



WHEREAS, the Police Commission set Wednesday, 
February 18, 1976, as the date for hearing on charges 
filed against Sergeant William S. Sisack; and 



WHEREAS, Chief of Police Charles R. Gain 
announced that the Police Department was in receipt 
of the resignation of Sergeant William S. Sisack from 
the San Francisco Police Department; said resignation 
effective February 18, 1976, which resignation was 
accepted with the condition that the services of Sergeant 
William S. Sisack have been unsatisfactory and that he 
does not resign in good standing; therefore be it 



RESOLVED, that the charges of violating the 
Rules and Procedures of the San Francisco Police De- 
partment filed against Sergeant William S. Sisack, be, 
and the same are hereby continued off calendar. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 64-76 



HEARING OF APPEAL OF SUSPENSION WITHOUT PAY OF POLICE 
OFFICER DENNIS O'BRIEN, INGLESIDE POLICE STATION 

WHEREAS, Police Officer Dennis O'Brien, 
Ingleside Police Station, was suspended from duty 
without pay by Chief of Police Donald M. Scott, effective 



- 1 



U T - 



0001 hours, Saturday,, December 20, 1975, and terminat- 
ing 0001 hours, Sunday, December 21, 1975; and 



WHEREAS, charges of violating Rules 2.13 and 
2.^9 of the Rules and Procedures of the San Francisco 
Police Department were filed against him; and 



WHEREAS, Director of Personnel, Captain George 
Eimil, stated that the evidence presented regarding the 
charges against Police Officer Dennis O'Brien is at best 
minimal and insufficient to reach a conclusion, and re- 
commended to the Commission that the one-day suspension 
previously imposed not be sustained; therefore be it 



RESOLVED, that the report and recommendation 
by Director of Personnel, Captain George Eimil, that 
Police Officer Dennis O'Brien's one-day Chief's sus- 
pension previously imposed not be sustained, be, and 
the same is hereby approved; and be it further 



RESOLVED, that Police Officer Dennis O'Brien, 
Ingleside Police Station, be granted restoration of 
one day's salary from 0001 hours, Saturday, December 20 
1975 to 0001 hours, Sunday, December 21, 1975- 



AYES: Commissioners Ciani, Gallegos , Hall, 
Murphy, Siggins ■ 



RESOLUTION NO. 65-76 



HEARING OP APPEAL OF SUSPENSION WITHOUT PAY OF POLICE 
OFFICER STEPHEN J. VENTERS, INGLESIDE POLICE STATION. 



WHEREAS, Police Officer Stephen J. Venters, 
Ingleside Police Station, was suspended from duty without 
pay by Chief of Police Donald M. Scott, effective 0001 
hours, Saturday, December 20, 1975» and terminating 0001 
hours, Sunday, December 21, 1975; and 



WHEREAS, charges of violating Rules 2.13 and 
2.^9 of the Rules and Procedures of the San Francisco 
Police Department were filed against him; and 



WHEREAS, Director of Personnel, Captain George 
Eimil, stated that the evidence presented regarding the 
charges against Police Officer Stephen J. Venters is at 
best minimal and insufficient to reach a conclusion, and 
recommended to the Commission that the one-day suspension 
previously imposed not be sustained; therefore be it 



RESOLVED, that the report and recommendation 
by Director of Personnel, Captain George Eimil, that 



- 106 - 



Police Officer Venter's one-day Chief's suspension 
previously imposed not be sustained, be, and the 
same is hereby approved; and be it further 



RESOLVED, that Police Officer Stephen 
J. Venters, Ingleside Police Station, be granted re- 
storation of one day's salary from 0001 hours, Sat- 
urday, December 20, 1975 to 0001 hours, Sunday, De- 
cember 21, 1975. 



1 1 



AYES: Commissioners Ciani, Gallegos , Hall, 
Murphy, Siggins 



The Commission then adjourned its meeting. 




M J 



ARY 




k,:J 



-e*l- 



- 107 - 



25 FEBRUARY 1976 j REGULAR MEETING 

The^-Pollce Commission of the City and 
County of^-San Francisco met in their chambers, 
Room 551, Hall of Justice, 850 Bryant Street, 
on Wednesday, February 25, 1976 at 1830 hours, 
in regular session. 



PRESENT: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



Commissioner Siggins presiding, 



The members of the Commission, having 
been furnished copies of the minutes of the meet- 
ing of February 18, 1976, reading of same was dis- 
pensed with and the minutes were approved. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



CHIEF GAINS' REPORT TO THE POLICE COMMISSION 



Chief of Police Charles R. Gain was 
unable to submit his report to the Police Com- 
mission due to illness. 



RESOLUTION NO. 67-76 



P0CUi\%l\ITSi 

3 i : : m 



SAN FRANCISCO 
PUBLIC LIBRARY 



CLARENCE BARKELEY AND HIS 
ATTORNEYS JUDGE BERNARD 
GLICKFELD, HANCOCK AND 
HANCOCK 



RESOLVED, that the recommendation of the 
City Attorney for settlement of litigation of Clarence 
Barkeley, et al . , in* the sum of $250.00 in Superior 
Court Action No. G^T^kl entitled "Clarence Barkeley 
v. City and County of San Francisco, et al . , " as the 
result" of damages sustained, be, and the same is hereby 
approved. 



Date of Incident: December 21, 1972 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



- 108 - 



RESOLUTION NO. 68-76 



MICHAEL STUART AND HIS 
ATTORNEYS FRIEDMAN AND 
SLOAN. 



RESOLVED, that the recommendation of 
the City Attorney for settlement of litigation 
of Michael Stuart, et al . , in the sum of $400.00 
in Superior Court Action No. 695-815 entitled, 
"Michael Stuart v. City and County of San Francisco, 
et al . , " as the result of a. collision with a police 
vehicle, be, and the same is hereby approved. 

Date of Accident: December 3, 1974 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 69-76 



RAYMOND HOGAN AND HIS 
ATTORNEY DENNIS B. NATALI 



RESOLVED, that the recommendation of the 
City Attorney for settlement of litigation of Raymond 
Hogan et al . , in the sum of $500.00 in Superior Court 
Action No. 656-435 entitled, "Raymond Hogan vs. City 
and County of San Francisco, et al . , " as the result 
of damages sustained, be, and the same are hereby ap- 
proved . 



Date of Incident: January 26, 1971 

AYES: Commissioners Ciani ,» Gallegos , Hall, 
Murphy, Siggins 



RESOLUTION NO. 70- ?6 



REQUEST TO RELEASE UNALLOTTED BALANCE 



RESOLVED, that the Controller be, and he 
is hereby requested to release unallotted balance 
in the amount qf $4,500 from Appropriation No. 5-161. 
113.001.000 (Extended Work Week-Civilian) to cover 
pending and future payrolls; and to transfer allotted 
funds in the amount of $65,000 from Appropriation No. 
5.161.300.000.000 (Materials and Supplies) to Appro- 
priation No. 5.315.391.000.000 (Purchaser's Fuel and 
Lubricants) for the purchase of gasoline and oil for 
police vehicles at the Hall of Justice Service Station, 

AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 




- 109 - 



RESOLUTION NO. 71-76 
POLICE NARCOTIC FUND 



RESOLVED, that the Controller be, and 
he is hereby requested to draw a voucher In favor 
of Chief of Police Charles R. Gain in the sum of 
$4,166 charging same to Appropriation No. 5.l6l. 
890.050 to cover narcotic fund disbursements for 
the month of March, 1976. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 72-76 



POLICE CONTINGENT FUND 



RESOLVED, that the Controller be, and 
he is hereby requested to draw a voucher in favor 
of Chief of Police Charles R. Gain in the sum of 
$3,333 charging same to Appropriation No. 5.161. 
89O.OOO to cover contingent fund disbursements for 
the month of March, 1976. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



WEEKLY SICK REPORT 



Chief of Police Charles R. Gain submitted 
a report of members of the Department off duty due 
to sickness and disability for the week ending Sat- 
urday, February 21,1976 at 2^*00 <hours, as follows: 



Daily average for the week, sick 56 

Daily average for the week, disabled 98 



TOTAL 154 

Daily percentage for the week, sick 2.96 

Daily percentage for the week, disabled 5 Jjjj 

TOTAL 8 . 4 
The report was ordered filed. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



- 110 - 



RESOLUTION NO. 73-76 



POLICE OFFICER GEORGE MO I SS ANT, TARAVAL POLICE 
STATION 



WHEREAS, charges of violating the Rules 
and Procedures of the San Francisco Police Depart- 
ment were filed against Police Officer George Moissant, 
as follows: 



SPECIFICATION NO. 1 



Violation of Section 2.13 of the 
Rules and Procedures of the San 
Francisco Police Department. 



SPECIFICATION NO. 2 



Leaving his residence while on 
disability leave. (Violation of 
Section 5.57 of the Rules and 
Procedures of the San Francisco 
Police Department) 



SPECIFICATION NO. 3 



Violation of Section 2.13 of the 
Rules and Procedures of the San 
Francisco Police Department) 



by Donald L. Taylor, Captain of Police, Commanding 
Officer of Taraval Police Station, therefore be it 



RESOLVED, that the hearing before the Police 
Commission on charges filed against Police Officer 
George Moissant, Taraval Police Station, be, and the 
same is hereby set for Wednesday, March 10, 1976 at 
6:00 p.m., in Room 551, Hall of Justice. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 7^-76 



m 



POLICE OFFICER DENNIS C. O'BRIEN, INGLESIDE POLICE 
STATION 



WHEREAS, charges of violating the Rules and 




Ill - 



Procedures of the San' Francisco Police Department 
were filed against Police Officer Dennis C. O'Brien, 
as follows : 



SPECIFICATION NO . 1 



Failure to truthfully answer 
questions. (Violation of Section 
2.^9 of the Rules and Procedures 
of the San Francisco Police Depart- 
ment ) 



SPECIFICATION NO. 2 



Leaving assigned patrol area without 
permission. (Violation of Section 
9.29 of the Rules and Procedures of 
the San Francisco Police Department) 



SPECIFICATION NO . 3 



Failure to notify Communications of 
a vehicle stop. (Violation of Police 
Officers Manual Section P.V.A.) 



SPECIFICATION NO 



Charged with committing a crime. (Vio- 
lation of Section 2.13 of the Rules and 
Procedures of the San Francisco Police 
Department . ) 



by Charles A. Schuler, Captain of Police, Commanding 
Officer of Ingleside Police Station; therefore be it 



RESOLVED, that the hearing before the Police 
Commission on charges filed against Police Officer 
Dennis C. O'Brien, Ingleside Police Station, be, and 
the same is hereby set for Wednesday, March 3, 1976 at 
6:00 pm. , in Room 55-1, Hall of Justice. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 75-76 



POLICE OFFICER STEPHEN J. VENTERS, INGLESIDE POLICE 
STATION 



WHEREAS, charges of violating the Rules and 
Procedures of the San Francisco Police Department were 



- 112 - 



filed against Police Officer Stephen J. Venters, 
as follows: 



SPECIFICATION NO, 



Failure to truthfully answer questions. 
(Violation of Section 2.^9 of the Rules 
and Procedures of the San Francisco Police 
Department . ) 



SPECIFICATION NO. 2 



Leaving assigned patrol area without per- 
mission. (Violation of Section 9.29 of 
the Rules and Procedures of the San Fran- 
cisco Police Department) 



SPECIFICATION NO. 3 



Failure to notify Communications of a 
vehicle stop. (Violation of Police 
Officers Manual Section P.V.A.) 



SPECIFICATION NO. H 



Charged with committing a crime. (Vio- 
lation of Section 2.13 of the Rules and 
Procedures of the San Francisco Police 
Department ) 



by Charles A. Schuler, Captain of Police, Commanding 
Officer of Ingleside Police Station; therefore be it 



RESOLVED, that the hearing before the Police 
Commission on charges filed against Police Officer 
Stephen J. Venters, Ingleside Police Station, be, and 
the same is hereby set for Wednesday, March 3, 1976 
at 6:00 p.m., in Room 551, Hall of Justice. 



AYES: Commissioners Ciani , Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 76-76 



POLICE OFFICER DANIEL L. O'BRIEN, BUREAU OP SPECIAL 
SERVICES 



WHEREAS, charges of violating the Rules and 
Procedures of the San Francisco Police Department were 




- 113 - 



filed against Police Officer Daniel L. O'Brien, as 
follows : 



SPECIFICATION NO. 1 



Intoxicated to the extent unable 
to exercise police powers. (Vio- 
lation of Section 2.125 of the Rules 
and Procedures of the San Francisco 
Police Department) 

by John A. Vannucci, Sergeant of Police, Commanding 
Officer of the Bureau of Special Services; therefore 
be it 



RESOLVED, that the hearing before the Police 
Commission on charges filed against Police Officer 
Daniel L. O'Brien, Bureau of Special Services, be, and 
the same Is hereby set for Wednesday, March 10, 1976 
at 6:00 p.m., in Room 551, Hall of Justice. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



HEARING OF POLICE OFFICER MICHAEL T. GALLAGHER, 
TRAFFIC BUREAU 



The hearing of Police Officer Michael T. 
Gallagher, Traffic Bureau, was called, it having been 
set for this date. Police Officer Michael T. Gallagher 
was charged with violating the Rules and Procedures, as 
follows : 



SPECIFICATION NO. 1 



Failure to Obey a Lawful Order of a 
Superior 0-fficer (Violation of Sec- 
tion 2.^5 -of the Rules and Procedures 
of the Sa*n Francisco Police Department) 



SPECIFICATION NO. 2 



Leaving an Assigned Detail Without 
Lawful Authority (Violation of Sec- 
tion -9.29 of the Rules and Procedures 
of the San Francisco Police Department) 



and 



WHEREAS, further charges of violating the 
Rules and Procedures of the San Francisco Police 



- llU - 



Department were filed against Police Officer 
Michael T. Gallagher, as follows: 



SPECIFICATION NO. 1 



Being under the Influence of intoxi- 
cating liquor while off duty. (Violation 
of Section 2.125 of the Rules and Proced- 
ures of the San Francisco Police Depart- 
ment ) 



in a properly verified complaint by Charles D. Korelec, 
Captain of Traffic. 



Police Officer Michael 
in person and was represented by 
O'Sullivan, Narcotic Bureau. 



T. Gallagher appeared 
Inspector Joseph D. 



Director of Personnel, Captain George Eimil, 
appeared as the Prosecutor for the Police Department. 



The reading of Charges was waived, 



On behalf of his client, 
Michael T. Gallagher , Inspector Jose 
entered a written plea of "guilty" 
No. 1 and No. 2, violation of Secti 
of the Rules and Procedures of the 
Department; however, it was agreed 
cuting Attorney, Captain George Eim 
Attorney, Inspector Joseph D. O'Sul 
graph "J" of Specification No. 2 be 
plea of "guilty" was also entered t 
1, violation of Section 2.125 of th 
charges filed against Police Office 



Police Officer 
ph D. O'Sullivan, 
to Specifications 
ons 2.45 and 9.29 
San Francisco Police 
upon the by Prose- 
il and the Defense 
livan, that para- 
deleted. A written 
o Specification No. 
e second set of 
r Michael T. Gallagher. 



The following named- witness appeared for the 
Prosecution, was sworn and testified: 



Sergeant Gerald Doane 
Police Academy 



An opening statement was then made by In- 
ipector Joseph O'Sullivan, Attorney for the Defense. 



The following named witness appeared for 
the Defense, was sworn and testified: 



Police Officer John F. Devine 
Assistant to the Director of Personnel 




A closing statement was then made by Inspector 



- 115 - 



Joseph D. 0' Sullivan, Defense Attorney. 



The Commission took the matter under sub- 
mission, and then recessed from 1937 lours to 2037 
hours, after which the following resc lution was 
adopted: 



RESOLUTION NO. 77-76 



DECISION - HEARING OP POLICE OFFICER MICHAEL T. 
GALLAGHER, TRAFFIC BUREAU 



WHEREAS, on January 26, 197'', Charles D. 
Korelec, Captain of Traffic, made and served charges 
filed against Police Officer Michael T. Gallagher, 
as follows: 



SPECFICATION NO. 1 



a) That on December 31> 1975 , the accused 
was assigned to Fixed Post Traffic Duty 
at the intersection of Stockton and Jack- 
son Streets ; 



b) That prior to going on duty, the accused 
was informed by a superior officer' of 
his duty assignment; 



c) That at or about 2230 hours, a superior 
officer discovered that the accused was 
not at his assignment; 



d) That the superior officer waited at the 
intersection of Stockton and Jackson 
Streets until the accused returned and 
at that time informed the accused that 
he was not to leave his assignment with- 
out specific orders'";: 



e) That a superior officer again visited the 
assignment of the accused, at or about 
2250 hours, and discovered that the ac- 
cused had again left his assignment; 



f) Because of the above-stated conduct, the 
accused did violate Section 2.45 of the 
Rules and Procedures of the San Francisco 
Police Department, which reads as follows: 



"2.45. Shall strictly obey and promptly 
execute the lawful orders of his 
superior officers. In case of 



- 116 - 



conflict of orders from 
superior officers, he shall 
respectfully call the attention 
of the superior officer giving 
the last order to such conflict, 
should the latter not change his 
order it shall be obeyed and the 
member shall no 1 , be held respon- 
sible for disobedience of any 
former order in obeying said 



last order, 
SPECIFICATION NO. 2 



Paragraphs (a) through (f) are hereby 
incorporated as though fully set forth 
herein: 



h) That a superior officer, after again dis- 
covering that the accused had left his 
assignment without lawful authority, not- 
ified the commanding officer specifically 
assigned the responsibility of efficient 
execution of the Fixed Post Details for 
New Year's Eve, and an immediate search 
was made to discover the whereabouts of 
the accused; 

i) That a detail of motorcycle officers and 

sergeants was immediately ordered to dis- ; \ 

cover the whereabouts of the accused, 

which search was not cancelled until 

it was discovered that the motorcycle 

assigned to the accused was parked in 

the Police Garage at the Hall of Justice; 



*j ) That the officers detailed to search 

for the accused had to be removed from 
other assignments which constituted a 
risk that citizens would be harmed be- 
cause of the absence of the searching 
officers ; 



k) That the accused did not receive permission 
from any superior officer nor did the ac- 
cused notify any superior officer that he 
would be absent from his assignment; 



1) Because of the above-stated conduct, the 
accused did violate Section 9.29 of the 
Rules and Procedures of the San Francisco 
Police Department, which reads as follows: 



"9.29. Shall not leave his beat, detail 
or assignment, EXCEPT: 



-117 - 



1 Performance of police duty. 



2 Orders or permission of a 
superior. 



.3 Absolute personal recessity." 
*Deleted upon stipulation of both attorneys, 
and 



WHEREAS, on February 24, 1976, Charles D. 
Korelec, Captain of Traffic, made and served further 
charges against Police Officer Michael T. Gallagher, 
as follows: 



SPECIFICAITON NO. 1 



a) At or about 0315 hours on Friday, 
January 23, 1976, the accused v/as 
driving a vehicle, southbound on 
U.S. Highway 101 near the Holly 
Avenue off ramp, in the City of 
San Carlos, California. 



b) A member of the California High- 
way Patrol observed the accused 
driving his vehicle in an erratic 
manner. 



c) The accused was stopped by the 
member of the Highway Patrol and 
given a field sobriety test, which 
test the accused failed. 



d) Subsequently, the accused was given 
a blood alcohol test by means of an 
intoxilyzer. The results of this 
test indicated that the percent of 
alcohol was .14 in the first test and 
.15 in the second test. 



e) Because of the above-stated conduct, 
the accused did violate Rule 2.125 
of the Rules and Procedures of the 
San Francisco Police Department, which 
reads, as follows: 



"2.125 Shall not, while on duty or in 
uniform, drink any kind of in- 
toxicating liquor or whether on 
or off duty be under the influence 




- 118 - 



of intoxicating liquor to such 
an extent that he will not always 
be prepared to exercise police 
powers and be entrusted with the 
performance of police duty in a 
calm, deliberate and efficient 
manner. " 



and 



l i 



WHEREAS, a hearing on said charges was had 
before the Police Commission pursuant to Section 8.343 
of the Charter of the City and County of San Francisco 
on Wednesday, February 25, 1976, and that on Wednesday, 
February 25, 1976, the matter was submitted to the Police 
Commission for decision; and 

WHEREAS, the Police Commission finds that the 
said charges made and filed against Police Officer Michael 
T. Gallagher, Traffic Bureau, as contained in Specifications 
No. 1 and No. 2, are sustained by the evidence presented 
at the hearing and that Police Officer Michael T. Gallagher 
violated Sections 2.45 and 9.29 of the Rules and Proced- 
ures of the San Francisco Police Department; and 

WHEREAS, the Police Commission finds that 
further charges made and filed against Police Officer 
Michael T. Gallagher, Traffic Bureau, as contained in 
Specification No. 1 are sustained by the evidence pre- 
sented at the hearing and that Police Officer Michael 
T. Gallagher violated Section 2.125 of the Rules and 
Procedures of the San Francisco Police Department; 
therefore be it 



RESOLVED, that it is the order of the Police 
Commission that Police Officer Michael T. Gallagher, 
has violated Specification No. 1, Section 2.45, and 
Specification No. 2, Section 9-29 of the Rules and 
Procedures of the San Francisco Police Department, and 
that for said violation he shall be suspended for a 
period of thirty (30) calendar days without pay commenc- 
ing 0001 hours, Wednesday, March 3, 1976 and terminating 
at 2400 hours, Thursday, April 1, 1976; and be it further 



RESOLVED, that it is the order of the Police 
Commission that Police Officer Michael T. Gallagher, 
has further violated Specification No. 1, Section 2.125 
of the Rules and Procedures of the San Francisco Police 
Department, and that for said violation he shall be 
placed on a one (1) year probationary status commenc- 
ing Thursday, February 26, 1976 at 00ol hours, and term- 
inating Thursday, February 25, 1977 at 2400 hours; and 
be .it further 



RESOLVED, that it is the or ler of the Police 
Commission that Police Officer Michael T. Gallagher, 
participate in the Police Department's Alcoholic Abuse 
Program and that Police Officer John F. Devine , Assistant 
to the Director of Personnel, submit periodical reports 



- 119 - 



on the condition and progress being male by lolice 
Officer Michael T. Gallagher with the >olice De- 
partment's Alcoholic Abuse Program.' 



AYES: Commissioners Ciani, Galle ;os, Hall, 
Murphy, Siggins 



Recess taken in the hearing of 
Police Officer Michael T. Gallagher: 

1937 hours to 2037 hours. 



(The entire proceedings were 

taken in shorthand form by 

Hearing Reporter Dorsey A. McTaggart 

C.S.R.) 



The Commission then adjourned its meeting. 




- 



120 - 



•JTu^mX^ D0CUMEN1 is 



3 MARCH 1^76 IubJS a l?3 C r1r? REGLLAR MEETING 



The^Police Commi ;sion of the City and 
County of.San Francisco : e in their chambprs, 
Room 551, Hall of Justice, 050 Bryant street, on 
Wednesday, March !, 1976, it 1800 -hours in regular 
session . 



PRESENT: Commisrioners Ciani, Gallegos , Hall, 
Murphy ,. iggins 



Commissioner Siggins pre.,idinj 



The members of the Commission, having 
been furnished 'cop ies of tne minutes of the meet- 
ing of February 25, 1976, reading of same was dis- 
pensed with and the minutes were approved. 



AYES: Commissioners liani, Gallegos, Hall, 
Murphy, Siggins 



CHIEF GAIMC ' REFORT TO T^L POLICE COMMISSION, 



Chief of Police Charles R. Gain reported 
to the Commission that on Tuesday, Marc: 2, 1976, at 
1800 hours, he met with a group of parents who com- 
plained of police harassment and rutality against 
black teenagers in the Bernal Heights area. He stated 
that the charges raised by the group centered on an 
officer attached to the Ingleside Polic- Station, 
who allegedly made unjustified stops an i searches 
and used racial slurs wh< dealing with black youths. 
He further stated that he id^ised the group that an 
investigation into the charges was currently being 
conducted and that he promised the groui that he would 
give them a statu, report y Friday, March 5, 197^- 



TRAF FIC MA CTERS 

Commii Lon Gall- :s recommended that for 

future meetings, the Cffl r from the Traffic Sur^ y 
De artment , not be require to be in at -.lance ur ...ess 

the 'ommissioners notifie tie Secretar :f the Com- 
mission be ore said meetii that i 3 atte lance would 
be require T^ other - mmissioiers c n urred ir 

this, suggestion 1 hen, o instructed Chief of I . lie- 
Charles R. Gain, 



RE 3MMENDATI0NS THE VHP I EC BUREAU - APPROVED 



recommen la ri's of tl 
Tr ffic Bur 3 I : . at f g for 1 



- 121 



regulation of traffic on the public streets, be, 
and the same are hereby approved: 



2224 SACRAMENTO' STREET - WALDEN HOUSE, INC 



a) At 2224 Sacramento Street, revoke 
existing 20' yellow zone. 



b) At 2224 Sacramento Street, install 
a 22' white zone, to extend from 
30' - 52' east of the west property 
line . 



c) Permission" to install portable No 
Parking signs in conjunction with 
this white zone. 



3698-20th STREET - F & G. GROCERY 



a) At 3680-3998 "20th Street, revoke 
existing 94' green zone. 



b) At 3698 - 20th Street, install a 34 
yellow zone, to extend west of the 
east property line. 



52 86 - THIRD STREET - ROMEO'S FISH MARKET 



a) At 5286 - Third Street, install a 36» 
green zone, to extend north from the 
south property line . 



4 3 HIGHLAND AVENUE - MARLOWE HILLTOP LIQUOR 



a) At -approximately #43 Highland Avenue 
install a 36' yellow zone, to extend 
west of the east property line. 



b) At 3690 Mission Street, revoke exist- 
ing 20' green zone. 



AYES: Commissioners Ciani, Gallegos, Hall. 
Murphy, Siggins 



REVOKED 



'. RESOLVED, that the recommendations of the 
Traffic Bureau on the revocation of 215 feet of 






. 'J' 



- 122 



yellow and green zones at various parts of the City 
at the locations submitted, be, and' the same are 
hereby approved. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins . 



RETIREMENTS 



Communications were received from the 
Retirement Board officially notifying the Police 
Commission of the retirement of the following- 
named members of the Police Department : 



a) Sergeant Joseph M. Devine, Bureau of 

Criminal Information, for service, effective 
February 1, 1976. 



b) Sergeant John F. Jordan, Traffic Bureau, 
for service, effective February 1, 1976. 



c) Sergeant Paul Kurpinsky,- Richmond Police 
Station, for service, effective February 
1, 1976. 



d) Sergeant Leo J. McAllister, Pistol Range, 
for service, effective February 1, 1976. 



e) Inspector Leo V. Osuna, Bureau of Inspectors, 
for service, effective February 1, 1976. 



f) Police Officer William D. Abbey, Northern 
Police Station, for service, effective 
January 18, 1976. 



g) Police Officer Homer E. Brothers, Bureau 
of Criminal Information, for service, 
effective January 16, 1976. 



h) Police Officer George T. Cathrell, Central 
Police Station, for service, effective Jan- 
uary 21, 1976. 



3 



i) Police Officer Frank A. Defanti, Central 
Police Station, for service, effective 
January 21, 1976. 



j) Police Officer Rene Del Carlo, Southeast 
Police Station, for service, effective 
January 21, 1976. 



- 123 - 



ffl 



k) Police Officer Harold Eliaser, Taraval 
Police Station, for service, effective 
January 21, 1976. 



1) Police Officer Joseph C.Filzen, Bureau 
of Criminal information, for service, 
effective January 14, 1976. 



m) Police Officer Robert V. Gibbons, Traffic 
Bureau, for service, effective -January 21 
1976. 



n) Police Officer Robert B. Irving, City 
Prison, for service, effective January 
21, 1976. 



o) Police Officer Gonzalo Morales, Northern 
Police Station, for service, effective 
January 18, 1976. 



p) Police Officer William J. Moran, Jr., 
City Prison, for service, effective 
February 8, 1976. 



q) Police Officer John M. O'Connor, Park 
Police Station, for service, effective 
January 11, 1976. 



r) Police Officer Charles Peterson, Park 
Police Station, for service, effective 
. January 21, 1976. 



s) Police Officer C. J. Pulizzano, Taraval 
Police Station, for service, effective 
January 21, 1976. 



t) Police Officer Francis M. Shannon, Central 
Police Station, for service, effective 
January 21, 19 76. 



u) Police Officer Robert H. Wardlaw, Southeast 
Police Station, for service, effective Jan- 
uary 21, 1976. 



v) Police Officer Frank W. Watson, Richmond 
Police Station, for service, effective 
January 21, 1976. 



w) Police Officer Manual P. Williams, Traffic 
Bureau, for service, effective January 21, 



if . 



:'.'•'-.' 



■■, 



,< , , . ■.;, 



'■ 






- 1 2 H - W 



t . v x 



1976. 

The communications were ordered filed 



AYES: Commissioners Ciani , Gallegos, Hall, 
Murphy, Siggins 



THE CLAIM OF JOHN J. CASEY AND HIS ATTORNEYS ALLEN J 
KENT, BARBAGELATA, CARMAZZI, ARNOLD & KENT IN THE 
AMOUNT OF $3,000 - CONTINUED FOR ONE V.EEK. 



AYES: Commissioners Ciani, Gallegos, Hall 
Murphy, Siggins. 



RESOLUTION NO. 78-76 



AUTHORIZING ATTENDANCE OF INSPECTOR CLARENCE W. 
SMITH, BUREAU OF INSPECTORS, AT THE CALIFORNIA 
DEPARTMENT OF JUSTICE WESTERN REGIONAL ORGANIZED 
CRIME TRAINING INSTITUTE AT SACRAMENTO, CALIFORNIA, 
FROM MARCH 7, 1976 TO MARCH 12, 1976, INCLUSIVE. 



RESOLVED, that the recommend ition of the 
Chief of Police that Inspector Clarence W. Smith, 
Bureau of Inspectors, be detailed to a -tend the 
California Department of Justice Western Regional 
Organized Crime Training Institute at Sacramento, 
California, from March 7, 1976 to March 12, 1976, 
inclusive, be, and the same is hereby approved; 
and be it further 



RESOLVED, that expenses incurred by In- 
spector Clarence W. Smith, Bureau of Inspectors, in 
a sum not to exceed $200.00 in attending this course 
will be defrayed by the Police Department's Police 
Officers' Training Fund. 



AYES: Commissioners Ciani, Gallegos, Hall : 
Murphy, Siggins 



% 



RESOLUTION NO. 79-76 - ' ' '■*! 



I ! 



AUTHORIZING ATTENDANCE OF ASSISTANT INSPECTOR ALAN 
SONODA, JUVENILE BUREAU, AT THE JUVENILE OFFICERS 
ASSOCIATION CONFERENCE AT ANAHEIM, CALIFORNIA, ON 
MARCH 17, 1976 TO MARCH 19,1976, INCLUSIVE. 






RESOLVED, that the recommendation of the 
Chief of Police that Assistant Inspector ^Alarv Sonoda.,;; 
Juvenile Bureau, be detaiLed to attend the Juvenile/ 

t-. ..• * . ' ■ I 



.. >h! 



- 






1 



a ".; 



- 125 - 



Officers Association Conference at Anaheim, Calif- 
ornia, on March 17, 1976 to March 19, 1976, inclusive, 
be, and the same is hereby approved; and be it further 

RESOLVED, that expenses incurred by Assistant 
Inspector Alan Sonoda, Juvenile Bureau, in a sum not 
to exceed $150.00 in attending this conference will 
be defrayed by the Police Department's Police Officers' 
Training Fund. 



AYES: Commissioners Ciani, Gallegos, Hall 
Murphy, Siggins 



RESOLUTION NO.8O-76 



AUTHORIZING ATTENDANCE OF INSPECTORS EUGENE M. MURPHY 
AND S. JOHN TOCHILIN, BUREAU OF INSPECTORS, AT THE 
ADVANCED TRAINING CENTER IN BRODERICK CALIFORNIA, FROM 
MARCH 14, 1976 TO MARCH 18, 1976, INCLUSIVE. 



RESOLVED, that the recommendation of the 
Chief of Police that Inspectors, Eugene M. Murphy and 
S. John Tochilin, Bureau of Inspectors, be detailed 
to attend a course in Protective Services Techniques 
at the Advanced Training Center, in Broderick, Calif- 
ornia, from March 14, 1976 to March 18, 1976, inclusive, 
be, and the same is hereby approved; and be it further 



RESOLVED, that expenses incurred by Inspectors 
Eugene M. Murphy and S. John Tochilin, Bureau of In- 
spectors, in a sum not to exceed $150.00 each in attend- 
ing this course, will be defrayed by the Police Depart- 
ment's Police Officers' Training Fund. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 81-76 



RECOMMENDATION OF THE CHIEF OF POLICE FOR APPROVAL OF 
TRAVEL EXPENSES INCURRED BY LIEUTENANT LLOYD F. CROSBIE, 
RICHMOND POLICE STATION, TO ATTEND A MIDDLE MANAGEMENT 
COURSE AT SAN JOSE STATE UNIVERSITY IN SAN JOSE, CALI- 
FORNIA, FROM JANUARY 5, 1976 TO JANUARY 21, 1976, INCLU- 
SIVE; . • 

WHEREAS, on the recommendation of the Chief 
of Police, Lieutenant /Lloyd F. Crosbie, Richmond 
Police Station, received permission from the Police Com- /■■('.' 
mission to attend a Middle Management Course at San ''''',., 
Jose State University , in San Jose, California; and ,, 






WHEREAS, Lieutenant Lloyd F. Crost>i£ydi< 






■ ■ - 



- 126 - 



travel to San Jose, California, to attend said course 
from January 5, 1976 to January 21,' 197b, Inclusive; 
therefore be It 



RESOLVED, that expenses In the amount of 
$378.60 Incurred by Lieutenant Lloyd F. Crosble, 
Richmond Police Station, while attending this course 
are hereby approved. Expenses will be defrayed by 
the Police Department's Police Officers* Training 
Fund. 



AYES: Commissioners Ciani , Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 82-76 



RECOMMENDATION OF THE CHIEF OF POLICE FOR APPROVAL 
OF TRAVEL EXPENSES INCURRED BY INSPECTOR TIMOTHY F. 
CASEY AND ASSISTANT INSPECTOR JOHN S. SULLY, BUREAU 
OF INSPECTORS, TO ATTEND THE SOUTHERN CALIFORNIA 
ROBBERY INVESTIGATORS ASSOCIATION STATE ROBBERY 
SEMINAR IN SAN JOSE, CALIFORNIA, ON FEBRUARY 11, 1976 
AND FEBRUARY 12, 1976, IN SAN JOSE, CALIFORNIA 



WHEREAS, on the recommendation of the Chief 
of Police, Inspector Timothy F. Casey and Assistant 
Inspector John b , Suli,y, Bureau of Inspectors, re- 
ceived permission from the Police Commission to attend 
the Southern California Robbery Investigators Associa- 
tion State Robbery Seminar in San Jose, California; 
and 



WHEREAS, Inspector Timothy F. Casey and 
Assistant Inspector John S. Sully did travel to San 
Jose, California, to attend said Seminar on February 
11, 1976 and February 12, 1976; therefore be it 



RESOLVED, that expenses in the amount of 
$74.10 incurred by Inspector Timothy F. Casey, and 
$84.36 incurred by Assistant Inspector John S. Sully, 
Bureau of Inspectors, while attending this Seminar are 
hereby approved. Expenses will be defrayed by the 
Police Department's Police Officers' Training Fund. 



AYES: Commissioners Ciani, Gallegos, Hall. 
Murphy, Siggins 



WEEKLY SICK REPORT, 



Chief of Police Charles R. Gain submitted 
a report of members of the Department off duty due 



■ 



- 127 - 



sickness and disability for the week ending, Satur- 
day, February 28, 1976 at 2400 hours, as follows: 



Daily average for the week, sick 71 

Daily average for the week, disabled 9 8 



TOTAL 169 

Daily percentage for the week, sick 3.83 
Daily percentage for the week, disabled 5.49 



TOTAL 9.32 

Disabled at start of week 99 Returned during the week 14 
Started during -the week 14 Disabled at the end of 



The report was ordered filed. 

AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



STPEHEN BRUCE BLEY 



week '99 



Stephen Bruce Bley,. Attorney at Law, re- 
presenting Police Officers William Kelly and Daniel 
O'Shea, appeared before tne Police Commission and 
stated that the date of March 22, 1976 set for the 
hearings of Officers Kelly and O'Shea was too soon 
for him to be prepared and requested an extension of 
time to April 12, 1976 and possibly April 14, 1976. 

The Police Commission granted the extension 
of time requested to April 12, 1976 and possibly 
April 14, 1976 in tne hearings of Officers Kelly and 
O'Shea. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



REQUEST OF MEM3ERS OF MISSION POLICE STATION TO MEET 
WITH THE POLICE COMMISSION. 



The request of members of the Mission Police 
Station to meet with the Police Commission under Rule 
2.17 of the Rules and Procedures was discussed. Rule 
2.17 states, "Whenever ten (10)or more members have 
just cause to believe that any matter affecting mem- 
bers of the department may be improved, and desire a 
hearing on same, they shall submit a written petition, 
subscribing same, to the Chief setting forth their 
reasons for such change. The Chief shall approve or 
disapprove and transmit said petition to the Board for 
consideration. Upon call of the Board, the members 
subscribing such petition shall nave the right to freely,, 
address the Board on the subject." The Mission Station- 
members exercising their rights under this section 

» ■ 



- 128 



m 



m 



would like to present to the Police Commission 
their findings, conclusions and recommendations 
in regards to Section 1.55 of the New Rules and 
Procedures, relating to the position of the Director 
of the Police Community Relations Unit which places 
him ninth (9th) in line in the chain of command to 
become Acting Chief of Police. Commissioner Siggins 
acknowledged this request and stated that a public 
hearing would be held on this issue on Wednesday, 
March 10, 1976. He also invited the Police Officers'. 
Association who had requested a meet' and confer session 
on this same issue to attend the same meeting and 
meet' and confer in public on this matter. Sergeant 
Gerald Crowley, President of the San Francisco Police 
Officers' Association who was present stated that he 
wanted a meet and confer in private. He was told by 
Commissioner Ciani that there was some question as to 
the legality of" the Association and the Commission meet- 
ing in private and that it may be a direct violation, 
of the Brown Act. Sergeant Michael Hebel, one of the 
Association's Attorney's, stated that he thought "that 
there was an exception to the Brown Act which would 
permit meet and confer sessions between the Associa- 
tion and the Commission in private and he would bring 
case law citations to verify this position. Commissioner 
Siggins then stated that in the meantime the Police Com- 
mission would hold a public hearing on the Mission 
Station members issue at the next meeting and the Police 
Officers' Association was invited to attend, if they 
so desired, and participate in the proceedings. 



RESOLUTION NO. 83-76 



HEARING OF POLICE OFFICER DENNIS C. O'BRIEN, INGLESIDE 
POLICE STATION 



WHEREAS, the hearing of Police Officer Dennis 
C. O'Brien, Ingleside Police Station, was called, it 
having been set for this date; and 



WHEREAS, it was recommended by Acting Chief 
of Inspectors, Mortimer F. Mclnerney and concurred with 
by Mr*. William J. Murphy, Defense Attorney, that a fur- 
ther analysis by the Department of the charges placed 
against Police Officer Dennis C. O'Brien, Ingleside 
Police Station, was in order, and that said analysis 
would determine the possible deletion of some of the 
charges; and on this basis it was requested that the 
hearing of Police Officer Dennis C. O'Brien be continued 
to Wednesday, March 24, 1976; therefore be it 



RESOLVED, that the date for the hearing of the 
disciplinary charges filed against Police Officer Dennis 
C. O'Brien is set for Wednesday, March 24,1976 at 5:30 p.m. 
in Room 551, Hall of Justice. 



•Vf'i 
iSp£ 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 






u 



- 129 - 



RESOLUTION NO. 8^4-76 



HEARING OP POLICE .OFFICER STEPHEN J. VENTERS, INGLESIDE 
POLICE STATION 



WHEREAS, the hearing of Police Officer Stephen 
J. Venters, Ingleside Police Station, was called, it 
having been set for this date; and ' 



WHEREAS, it was recomme 
Inspectors, Mortimer F. Mclnerney 
by Mr. William J. Murphy, Defense 
thur analysis by the Department o 
against Police-officer Stephen J. 
Police Station, was in order and 
would determine the possible dele 
charges; and on this basis it was 
hearing of Police Officer Stephen 
tinued to Wednesday, March 24, 19 



nded by Acting Chief of 
and concurred With 
Attorney, that a fur- 
f the charges placed 
Venters, Ingleside 
that said analysis 
tion of some of the' 
requested that the 
J. Venters be con- 
76; therefore be it 



RESOLVED, that the date of the hearing of 
the disciplinary charges filed against Police Officer 
Stephen J. Venters is set for Wednesday, March 24, 1976 
at 5:30 p.m., in Room 551, Hall of Justice. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



The Commission then adjourned its meeting. 




i 



.' 



'm ■ 



, 



'• 







- 130 - 



MAR 2 2 1976 



10 MARCH 1976 , REGULAR MEETING * ARY 

The^olice Commission of the City and 
County o£^S-an Francisco met in their chambers, 
Room 551, Hall of Justice, 850 Bryant Street, on 
Wednesday, Marcli 10, 1976 at 1730 hours in regular 
session . 

PRESENT: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 

Commissioner Siggins presiding. 



The members of the Commission, having 
been furnished copies of the minutes of the meet- 
ing of March 3, 1976, reading of same was dispensed 
with and the minutes were approved. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



Commissioner Hall stated that he concurred with the 
approval of the minutes of the previous meeting, but 
only with the understanding that they contained un- 
finished business. He then made reference to pages 
127 and 128 REQUEST OF MEMBERS OF MISSION POLICE 

STATION TO MEET WITH THE POLICE COMMISSION.. Contained --, 
in this section is a statement by Sergeant Michael t, ] 

Hebel, one of the Police Officers' Association Attorney's | 
who stated that he would bring in case law citations 
relating to the Brown Act which provide for exceptions 
and allows private Meet and Confer Sessions between 
the San Francisco Police Officers ' Association and 
the Police Commission. 

Commissioner Siggins then stated that the Commission 
would bring this matter up later today. 



CHIEF GAIN'S REPORT TO THE POLICE COMMISSION 

Chief of Police Charles R. Gain, stated to the Commis- 
sion that he had several items that he wanted to re- 
port on. One of the items was a meeting that he and 
the staff had with members of the White Panther Party. 
The meeting was arranged through Mr. Jessie Martinez 
of the Human Rights Commission. Mr. Amitai Schwartz 
of The Northern Police Practices Project vas also there. 
Topics of discussion were Complaint of Police Department 
written guidelines for proper procedures regarding 
witnesses to Police Incidents that occur on the street, , J 
the Police Department's statement of policy regarding 
the use of Penal Code Section 836 which authorizes 
the Police Department to make arrest under various 
circumstances. Thirdly, they would be appearing before 
the Commission in the future to request an investi- 
gation into an incident which occurred last year. 
The Chief stated that the meeting was both amicable 
and beneficial. He also stated that the he agreed with 
the panthers regarding the need for proper procedural 
guidelines . in dealing with witnesses to Police Inci- 
dents that occur on the street. He stated that the 



- 131 - 



panthers submitted to him a proposed re-wording of 
those guidelines which he would study and do some 
thinking about our present regulations and subse- 
quently get together with them and confer on a 
new draft which ultimately would be presented to the 
Commission. He then stated that he advised the Panthers 
that the matter of Penal Code Section 836 would be held 
in abeyance because of a Supreme Court decision which 
must be complied with by March 23rd. 



Commissioner Siggins : "Chief, you say the Panthers 
made certain requests that involved the Police Depart- 
ment? " 

The Chief stated that the Panthers had stated that they 
would in the future, appear before the Police Commission 
and request that an investigation take place in certain . 
aspects of an incident which occurred last year. 

He also stated that he had related that information to 
the Commission as one aspect of the discussion at the 
meeting with the Panthers. 



Commissioner Siggins : "It is my understanding that 
the White Panthers has litigation pending on this in- 
cident in general court. The City of San Francisco 
is a defendant and I am not sure if the Police Com- 
mission is and that matter will be represented by 
Council by the City Attorney's Office." 



Lieutenant Richard Trueb of the Police Department's 
Legal Office then verified that there is a suit by 
the Panther Party and the City and the Police Commis- 
sion are defendants. 



Sergeant Gerald Crowley, President of the San Francisco 
Police Officers' Association then stated that any meet- 
ing with the Panthers on their proposed guidelines 
should include representatives of the Police also. 

The Chief then read the present guidelines to the Com- 
mission and stated that he did think that it needed 
better definition. That, that was all it was about. 
They, (the Panthers)' submitted a proposed revision so 
we are entertaining theirs and we are looking at our 
own. And as far as representing the interest of 
police officers, the Chief of Police has a responsi- 
bility to do that and in fact does it. We are not 
going' to do anything that would reflect adversely 
upon 'the safety of police officers or the preserva- 
tion- of a crime scene or anything of that nature. I 
think that should be understood. I feel, in fact, 
that It is my obligation to meet with whomever, within 
the Community, that wants to meet with the Chief of 
Police that want to raise an issue about our practices 
and our policies and our procedures and to work out 
If we can, with whomever in the Community, satisfactory 
regulations and for me to turn them to recommend ex- 
plicit revisions or new regulations as they are needed. 
I emphasize again the concerns of policemen and their 
safety will always be foremost in our minds." 



- 132 - 



The next item the Chief commented upon was the in- 
crease in the crime rate. He stated that the in- 
crease of Hffo was fallacious. "From the standpoint 
that we had in 1975 over 197^ an lM increase, it 
was obvious then that in January and February of 
last year and so on we had a lower quantity of 
crimes that kept increasing during the year so we 
should better compare what happened in 1975 com- 
pared to 197^j 18$ increase and then the continua- 
tion of that kind of experience. Now what we find 
from the first two months of this year, at the end 
of February, is about a 35% increase. So in a word 
our high quantity of crime is continuing. I would 
like to at this point if I may to inform you of 
what the Crimes Specific Task Force is accomplish- 
ing according to the preliminary evaluation that 
we have at this time." 

He then called upon Captain Bruneman, the Command- 
ing Officer of the Task Force. Captain Bruneman 
then submitted to the Commissioners statistics on 
accomplishments of the Task Force from the first of 
February up to the present time. The total of ar- 
rest including Misdemeanor and Felony going down 
to hours in foot patrol and finally to vehicle mile- 
age. 



Commissioner Hall stated that he at this time, h'~ 

would like Chief Gain to comment on an article which 

appeared in the San Francisco Examiner on Sunday, 

March 7, 1976, Open City, Prostitutes Flock to San 

Francisco. WL 



The Chief stated that what it amounts to is that 
we have had a substantial increase in streetwalkers 
and he is going to assign additional officers to 
the Vice Bureau to combat this increase. He further 
stated that we can not afford to have San Francisco 
become an open city. 

Commissioner Ciani called for a report from the Chief 
on the number of complaints received in this matter. 

The Chief then commented on his proposed interim re- 
organization plan. He stated that several plans, in- 
cluding his, were available for inspection in the Plan- 
ning and Research Bureau and what he wanted was to get 
as much input as he can from personnel within the Police 
Department and so today a communication was sent to all 
Stations and Bureaus inviting them to go to Planning 
and Research and look at the charts and give their 
opinions of the concept as it now stands. Hopefully, 
next week or the week after, after getting sufficient 
imput , he would be recommending a reorganization to 
the Commission. He then requested permission to have 
Captain William J. O'Brien report on the status of 
the Police Department's Budget, a Supplemental Budget 
estimate and as to where we currently are in the Bud- 
get process. 



J 



- 133 - 



Captain O'Brien stated that the purpose of the 
Supplemental Budget was to catch all the loose 
ends, that may have been forgotten when the regu- 
lar budget was submitted. The Supplemental Budget 
must be submitted to the Mayor's Office by Monday, 
March 15, 1976. The amount is $65,612.00. 

The Commission then adopted the following resolution: 
RESOLUTION NO. 88-76 



SUPPLEMENTAL BUDGET FOR FISCAL YEAR 1976/77 - SAN 
FRANCISCO POLICE DEPARTMENT. 



RESOLVED, that the Supplemental Budget of 
the San Francisco Police Department for the Fiscal 
Year 1976/77, as submitted by Chief of Police Charles 
R. Gain in the following amount be, and the same is 
hereby approved: 



Supplemental Budget - $65,612.00 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



Crown Prince Arcadia was given permission by the 
President of the Commission to speak. Mr. Arcadia 
then imparted what he believed to be the solution 
to the current vice problems of Gambling, Prostitu- 
tion and Narcotics. 



Mr. Dennis L. Kent requested to address the Commis- 
sion and was also given permission to speak. He then 
made a complaint against Police Officers assigned to 
the Chambers of the Board of Supervisors meetings. 
He stated that these officers were unfairly permitting 
and denying access to said chambers of the Board to 
certain people. 



Commissioner Ciani requested the Chief to take care 
of this matter as if it was the filing of an Official 
Complaint and that she felt it should receive Immediate 
attention . 



Commissioner Ciani then brought up the subject of a 
proposed supplemental budget request for the purpose 
of engaging outside labor council and also a labor 
negotiator to act as a designated representative of 
the Commission. She then stated that she would like 
to move that the Commission direct the Chief to pre- 
pare an appropriate supplemental budget request, the 
amount to be subject to further consideration or re- 
commendation by the Chief for both of these purposes. 
After some discussion, the motion was passed and un- 
animously approved by the Commission. 



- 134 - 

LiUCUMtiMTS 

MAR 2 2 7976 

SERGEANT GERALD CROWLEY, PRESIDENT OF THE SAN 
FRANCISCO POLICE OFFICERS' ASSOCIATION 



Sergeant Crowley was given permission to 
speak on the subject of a general order issued this 
date by the Chief of Police regarding a provision 
of the recently passed Charter Amendment, Proposition 
0, which requires all personnel to sign an oath not 
to strike. He stated that this subject was currently 
being litigated and asks the Department to hold off 
its implementation until the matter is adjudicated. 
He stated that under a section of the California 
State Constitution, the Oath is unconstitutional. 
He stated that within a very short time, a period 
of a week, he thinks they, (San Francisco Police 
Officers' Association) can establish that. 



Chief Gain stated to the Commission that he was re- 
questing that they let the order stand as it is and 
that he would confer with the City Attorney tomorrow 
and ask him whether we should go ahead and keep the 
order in effect or hold it in abeyance until at such 
time in the future we should re-issue it. "I prefer 
to be guided by the City Attorney's opinion; it 
is the City Attorney that has given us advice about 
the issuance of the order." 



Commissioner Murphy stated that she thought that was 
appropriate but she also thought that because of the 
very hard feelings that have been generated by 
many different things, it would be appropriate at 
least to hold it for a few days until we get an opin- 
ion. After a "good deal of discussion in which it was 
revealed that it would take at least two weeks to imple- 
ment the order any way. 

Commissioner Murphy then moved to grant Sergeant 
Crowley a week's delay in the distribution of the 
Department's General Order requiring members to 
take the Oath. The motion was seconded by Com- 
missioner Ciani but it did not pass. Commissioner 
Murphy submitted the only Aye vote, all other Com- 
missioners voted Nay. 



Mr. Roger Boschetti, a spectator, asked permission 
to speak, which was granted, and he stated that he 
felt Sergeant Crowley should get the time he was 
asking for regarding the implementation of this 
order. 



Commissioner Gailegos then moved that the matter be 
dealt with following the Chief's conference with the 
City Attorney and that he be guided by the specific 
recommendation .or the specific advise he gets regard- 
ing the act of carrying out the Oath. Commissioner 
Hall seconded thie motion and it was then' Unanimously 
passed. 

AS RECOMMENDED BY THE POLICE COMMISSION THE CLAIM OF 
JOHN J. CASEY AND HIS ATTORNEYS ALLEN J. KENT, BARBA- 
GELATA, CARMAZZI, ARNOLD & KENT IN THE AMOUNT OF 






Eklii 



135 - 



$3,000.00 - CONTINUED FROM THE MEETING OF MARCH 3, 
1976. 



Commissioner Siggins stated this item was carried 
over from last week so that he could confer with 
the Deputy City Attorney who made this recommendation 
After conferring with him and learning that this 
recommendation for settlement was also made by the 
Trier of Fact, he was now (Commissioner Siggins) 
recommending to the Commission that this item be 
considered for adoption: 



RESOLUTION NO. 85-76 



JOHN J. CASEY AND HIS ATTORNEYS 
ALLEN J. KENT,BARBAGELATA, CARMAZZI, 
ARNOLD & KENT. 



RESOLVED, that the recommendation of the 
City Attorney for settlement of litigation of John 
J. Casey and Rita M. Casey, in the sum of $3,000 
in Superior Court Action No. 648-438 entitled "John 
J. Casey and Rita M. Casey, his wife, vs. City and 
County of San Francisco, et al.," as the result of 
damages sustained, be, and the same is hereby approved, 

Date of Incident: Spetember 25, 1971 

AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



WEEKLY SICK REPORT 



Chief of Police Charles R. Gain submitted 
a report of members of the Department off duty due to 
sickness and disability for the week ending Saturday, 
March 6, 1976 at 2400 hours, as follows: 
Daily average for the week, sick 63 71 
Daily average for the week disabled 102 98 

TOTALS 165 169 

Daily percentage for the week, sick 3-42 3-83 
Daily percentage for the week, disable d5 .67 5 . 49 

TOTALS 9.09 9.32 

Disabled at start of week 99 

Started during the week 12 

Returned during the week 7 

Disabled at the end of week 104 

Net Gain or Loss +5 




- m - 



Sick and Disabled for- 
Week ending Saturday, 
February 7, 1976 at 
2400 hours: 

Daily average for the 
week sick 57 

Daily average for the 
week disabled 94 



Sick and Disabled for 
week ending Saturday, 
March 6, 1976 at 2400 
hours : 

Daily average for the 
week sick 63 

Daily average for the 
week disabled 102 



"'"t 



TOTALS 



151 



Daily percentage for 
the week sick 2.9H 

Daily percentage for 
the week disabled 5.05 



TOTALS 



7.99 



165 

Daily percentage for 
the week disabled 3.42 

Daily percentage for 
the week disabled 5.67 



9.09 



The report was ordered filed. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 87-76 



REQUEST TO TRANSFER ALLOTTED FUNDS 



RESOLVED, that the Controller be, and 
he is hereby requested to transfer allotted funds 
in the sum of $10,000 from Appropriation No. 5.161. 
959.000.000 (Peace Officers' Training Fund) to Appro- 
priation No. 5.161.959.111.000 (Peace Officers' Train- 
ing Fund - Extra Duty) to cover pending and future 
payrolls . 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 89-76 



HEARING OF POLICE OFFICER GEORGE MOISSANT, TARAVAL 
POLICE STATION 



WHEREAS, the hearing of Police Officer 
George Moissanfc, Taraval Police Station, was called, 
it having been set for this date; and 



WHEREAS, Mr. George Engler, Attorney for Police 
Officer George Moissant, appeared before the Police Com- 
mission and stated that Officer Moissant was currently 



- 137'- 



undergoing psychiatric treatment, and his doctor 
feels that a hearing at this time would be most 
harmful to the officer and requested- a continuance 
in this matter; therefore be it 



RESOLVED, that the date for the hearing of 
the disciplinary charges filed against Police Officer 
George Moissant is set for Wednesday, April 28, 1976 
at 6:00 p.m., in Room 551, Hall of Justice. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



MEMBERS OF THE MISSION POLICE STATION SUBMITTED A 
REQUEST TO THE POLICE COMMISSION ASKING THE COMMISSION 
TO SEEK A CITY ATTORNEY'S OPINION IN REGARD TO RULE 
1.55 OF THE NEW RULES AND PROCEDURES PERTAINING TO 
THE CHAIN OF COMMAND OF THE SAN FRANCISCO POLICE 
DEPARTMENT - 



Public Hearing to be held in two (2) weeks 
on this matter. 



The Director of the Police Community Relations Unit, 
Rodney Williams, requested this item be put over until 
at such time after which the public has been notified 
and given an opportunity to contribute some input into 
the matter. 



Commissioner Siggins stated that members of the Mission 
Police Station had contacted him and stated that they 
did not want a public hearing on this issue, they only 
wanted a City Attorney's opinion based on questions 
they had prepared and submitted to the Commission to 
subsequently forward to the City Attorney. Commissioner 
Siggins then asked the Chief for his comment regarding 
the New Rule 1.55 relating to Director William's posi- 
tion in the Chain of Command. 



Chief of Police Charles R. Gain stated that he is not 
in favor of that Rule and in the reorganization plan 
that he would be submitting to the Commission would 
clearly show some line positions and staff positions. 
"The line positions would be the Chief of Police, the 
Deputy Chief and then down so that if the Chief of 
Police is not available, Deputys will designate who 
the person will be acting as Chief. Line positions. 
The position of Director of Police Community Relations 
as with other positions will be a Staff Position ca- 
pacity, and they will not be in the Hierarchy or the 
Chain of Command to become acting Chief of Police by 
virtue of the function of their particular units. 



Commissioner Siggins asked Sergeant Hebel if he would 



- 133 - 



be satisfied with the Chief's position on this 
matter and not request the Police Commission 
continue to seek a City Attorney's opinion. 



Sergeant Hebel stated that there were still some 
things the Chief said about the position that he 
is violative of the City Charter and would con- 
tinue in his quest for the Commission to seek 
the above-stated opinion from the City Attorney. 



Chief Gain then stated that he would submit by 
next Wednesday, a recommendation to the Commission 
in regard to this Rule 1.55 that may resolve the 
problem. He later stated that he would need two 
weeks to submit this to the Commission. 



Mr. Joe Hall from the NAACP stated that there is 
a lot of discussion on this issue and if there is 
going to be discussion on it, he has some things 
he would like to say. However, if it is going to 
be put over then he would be prepared to return 
with additional supporters at that time. 



Commissioner Siggins stated that for clarification 
purposes, the topic of discussion at the next meet- 
ing on this issue would be Director Williams' posi- 
tion in the Chain of Command. The Commissioners 
then voted to put the matter over two weeks, to 






March 24, 1976 



vm 



OLD BUSINESS 



At the last Police Commission Meeting Sergeant Hebel 
stated that he would bring in a case law citation 
regarding exceptions to the Brown Act that permitted 
meet and confer sessions between the Police Commis- 
sion and the San Francisco Police Officers' Associa- 
tion. 

Commissioner Hall called for the discussion on the 
matter and Commissioner Ciani stated that she discussed 
this by telephone with Sergeant Hebel and after examin- 
ing the authorities, both agreed that the Brown Act 
does not permit the Police Commission to meet as a 
quorum in private meet and confer sessions with" the 
San Francisco Police Officers' Association. 



Sergeant Hebe'l stated that he concurred that they exam- 
ined the Attorney General's Opinion and that he stated 
that the last three sentences of that opinion which 
he agreed and perhaps had some difficulties with, but 
those last three sentences as he understood them phrased 
perhaps the manner in which meet and confer sessions had 
occurred between the Police Commission and the Police 
Officers' Association. He further stated that he and 



- 139 



Commissioner Ciani discussed the problem of having 
less than a quorum and that difficulty. 



Commissioner Ciani stated that she believed that 
opinion decided the issue of whether the Commission 
could designate a quorum to meet and confer. "I 
think we resolved that, did we not?" 



Sergeant Hebel then stated that he did not think 
that they did. "I think that it was asked that if 
the Commission as a whole without designating a re- 
presentative could meet in Executive Session with 
themselves to discuss what position to take. I 
think the Attorney General said no, they couldn't, 
but I don't think the Attorney General's Opinion 
specifically went to the issue of whether or not 
the Commission could designate itself, meaning the 
entire five members, as its designated representa- 
tives then meet with an organized labor union or labor 
association . 



Commissioner Ciani stated that she though an inter- 
pretation such as that would be an attempt to cir- 
cumvent the meaning of the Brown Act. 



Commissioner Siggins then asked Sergeant Hebel if 
he had any other references in regard to the Brown 
Act on Meeting and Conferring in private. 



Sergeant Hebel replied in the negative 



HEARING OF POLICE OFFICER DANIEL L. O'BRIEN, BUREAU 
OF SPECIAL SERVICES. 



The hearing of Police Officer Daniel L. 
O'Brien, Bureau of Special Services, was called, it 
having been set for this date. Police Officer Daniel 
L. O'Brien was charged with violating the Rules and 
Procedures, as follows: 



SPECIFICATION NO 



Intoxicated to the extent unable 
to exercise police powers. (Vio- 
lation of Section 2.125 of the 
Rules and Procedures of the San 
Francisco Police Department) 



in a properly verified complaint by John A. Vannucci, 
Sergeant of Police, Commanding Officer of the Bureau 
of Special Services. 



- 11*0 - 



Police Officer Daniel L. o'Brlen appeared 
in person and was represented by Mr. Stephen Bruce 
Bley, Attorney at Law. 



Director of Personnel, Captain George Eimil, 
appeared as the Prosecutor for the Police Department. 



The reading of the Charges was waived. 



Police Officer Daniel L. O'Brien entered a 
written plea of "not guilty"; however, that was with- 
drawn by his attorney, Mr. Stephen Bruce Bley, who 
during the hearing entered a plea of "nolo contendere" 
to Specification No. 1. 



The following named witness appeared for the 
Prosecution, was sworn and testified: 



Sergeant Willaim C. Groswird 
Police Academy 



The following named witness appeared for the 
Defense,was sworn and testified: 



Police Officer John Devine 
Special Assistant to the Director 
of Personnel 



A closing statement was then presented by 
Mr. Stephen Bruce Bley, Attorney at Law. 



The Commission took the matter under submis- 
sion and then recessed from 2117 hours to 2148 hours 
after which the following resolution was adopted: 



RESOLUTION NO. 90-76 



DECISION - HEARING OP POLICE OFFICER DANIEL L. O'BRIEN 



WHEREAS, on February 25, 1976, John A. Vanucci, 
Sergeant of Police, Commanding Officer of the Bureau of 
Special Services, made and served charges against Police 
Officer Daniel L' O'Brien, as follows: 



SPECIFICATION NO. 1 



a) That on 7 January 1976 at or about 

0300 hours, the accused was operating 
his private vehicle in the vicinity 
of Ellis and Leavenworth Streets; 



141 - 



b) The activities of the accused 
came to the attention of police 
officers on patrol in said areas; 

c) Because of the activities of the 
accused, a breathalyzer examination 
was performed; 



d) The results of the breathalyzer tests 
indicate that percent blood alcohol in 
Test No. 1 was .30 and percent blood 
alcohol in Test No. 2 was .23. 



e) Because of the above-stated conduct, 
the accused did violate Section 2.125 
of the Rules and Procedures of the 
San Francisco Police Department, which 
reads as follows: 



"Shall not, while on duty or in 
uniform, drink any kind of in- 
toxicating liquor or whether on 
or off duty be under the influence 
of intoxicating liquor to such an 
extent that he will not always be 
prepared to exercise police powers 
and be entrusted with the performance 
of police duty in a calm, deliberate 
and efficient manner." 



and 



WHEREAS, a hearing on said charges was had 
before the Police Commission pursuant to Section 8.343 
of the Charter of the City and County of San Francisco, 
on Wednesday, March 10, 1976, and that on Wednesday, 
March 10,1976, the matter was submitted to the Police 
Commission for decision; and 



WHEREAS, the Police Commission finds that 
the said charge made and filed against Police Officer 
Daniel L. O'Brien, as contained in Specification No. 1 
is sustained by the evidence presented at the hearing 
and that Police Officer Daniel L. O'Brien did violate 
Section 2.125 of the Rules and Procedures of the San 
Francisco Police Department; therefore be it 



RESOLVED, that it is the order of the Police 
Commission that for said violation, Police Officer 
Daniel L. O'Brien be suspended for ten (10) working 
days without pay commencing, Wednesday, March 17,1976 
at 0001 hours, and terminating on Tuesday, March 30, 
1976 at 2400 hours, and that he be placed on one (1) 
year probationary status commencing Thursday, March 11, 
1976 at 0001 hours, and terminating Thursday, March 10, 
1977, at 2400 hours. 



- M - 



RESOLVED, that it is the order of the 
Police Commission that Police Officer Daniel L. 
O'Brien participate in the Police Department's 
Alcoholic Abuse Program and that Police Officer 
John F. Devine, Special Assistant to the Director 
of Personnel, report to the Police Commission per- 
iodically on the condition and progress being 
made by Police Officer Daniel L. O'Brien with 
the Police Department's Alcoholic Abuse Program. 



AYES: Commissioners Ciani, Gallegos, Hall 
Murphy, Siggins 



Recess taken in the hearing 
of Police Officer Daniel L, 
O'Brien: 

2117 hours to 2148 hours. 



(The entire proceedings were taken 
in shorthand form by Hearing Reporter 
Dorsey A. McTaggart, C.S.R.) 



RESOLUTION NO. 86-76 



ASSISTANT INSPECTOR THOMAS M. MAZZUCCO — 

V.) 

WHEREAS, an attached report from Captain 
George Eimil, Director of Personnel, describes a 
brief history relative to the emotional behavior and 
conduct of Assistant Inspector Thomas Mazzucco; and 



WHEREAS, also, contained in this report is 
a recommendation from Dr. Norman Steiner, the Police 
Surgeon, and Drs . Barsocchini and Watkins, both per- 
sonal physicians of Inspector Mazzucco, stating that 
under no conditions should Inspector Mazzucco be al- 
lowed, to continue in his employment as a police 
officer; and 



WHEREAS, Assistant Inspector Thomas M. Mazzucco 
has served a total of twelve years in the .(department and 
is eligible to receive at least one-third of his salary 
as a pension with the opportunity of claiming that his 
disability is industrial in nature and possibly obtain- 
ing a pension set by the Workmen's Retirement Board 
equal to 50$ to 90$ of his salary; and 



WHEREAS, under the provisions of Section 
8.5^7 of the Charter of the City and County of San 
Francisco, the Police Commission is authorized to 
petition the Retirement Board to retire members who 
are mentally and physically unfit; therefore be it 



• ■. • ' ,.«.•..' '. 



- 14 3 - 



RESOLVED, that In compliance with the 
provisions of Section 8.5^7 of the Charter of the 
City and County of San Francisco, the Police Com- 
mission does hereby recommend to the Employees ' 
Retirement System that Assistant Inspector Thomas 
M. Mazzucco be retired from the San Francisco 
Police Department . 



AYES: Commissioners Ciani, Gallegos , Hall, 
Murphy, Siggins 



The Commission then adjourned its meeting, 




- 1HH - 

M7 MARCH 1976 REGULAR MEETING 

The^Police Commission of the City and 
County of^San Francisco met in their chambers, 
Room 551, Hall of Justice, 850 Bryant Street, on 
Wednesday, March 17, 1976 at 1730 hours, in regular 
session. 

PRESENT: Commissioners Ciani, Hall, Murphy, Siggins 
ABSENT: Commissioner Gallegos 

Commissioner Siggins presiding. 



r SANC!SCO 
PUBLIC L13RARY 



The members of the Commission, having 
been furnished copies of the minutes of the meet- 
ing of March 10, 1976, reading of same was dispensed 
with and the minutes were approved. 



AYES: Commissioners Ciani, Hall, Murphy, Siggins 
ABSENT: Commissioner Gallegos 

CHIEF'S REPORT TO THE POLICE COMMISSION 



jTjl 
1 



Chief Gain stated that Section 6.57 of the 
Police Department's Policy Manual enunciates a policy 
on light duty. Today I attended a meeting for several 
hours with the Retirement Board because they were con- 
cerned about the policy position of the Police Com- 
mission on light duty. If I may I will read this pro- 
vision to you and speak to it and then make a request. 
'The present policy states that it is the policy of 
this Department to require that the physical condition 
of all officers shall be of such a nature as to permit 
them to perform full police duties. In those cases 
where officers, because of injury or sickness, cannot 
return to full police duties within one year of said 
disability, it is the policy of the Department to re- 
quest the Retirement Board to retire said officers. 
Those officers who can return to full duty within said 
year will be given an opportunity to return to those 
positions that allow them to serve the Department con- 
sistent with their physical disability. So that, we 
now have in the Police Department according to a 
staff report to me, approximately fifty or sixty 
officers who have a chronic disability and if this 
policy was to be enforced immediately then we would i 

loose that numBer of officers. Now in regard to 
this policy, it is in the Policy Manual yet to be Li J 

issued, therefore it is not effective until the Pol- 
icy Manual is issued. In talking to the Retirement 
Board today they asked the position of the Police 
Commission and I stated to them that I thought the 



, - 1^5 - 



Police Commission had not yet really analyzed this 
particular policy or perhaps had not read it in 
detail at all. And I said that I would request 
the Commission to Calendar this for discussion at 
the meeting of one week hence or two weeks depending 
on your pleasure so that this Police Commission could 
entertain if they want to reaffirm this policy state- 
ment or to take a different position. And the impli- 
cations of course were quite significant. It says, 
in effect, if the member has a permament disability 
then he must after one year but no longer than that... 
and so at the meeting which I request for you to 
hold on this policy statement next week or the week 
after you can just discuss the whole policy issue, retire 
I will give to you a position paper as regard to 
fifty or sixty officers now on permanent light duty 
and we can entertain what type of a policy we should 
take in regard to those officers. It ia my under- 
standing from staff that the previous Commission de- 
cided not to implement this policy and not to do any- 
thing in regard to the fifty or sixty officers be- 
cause of the high vacancy factor that we have in the 
Police Department. They wanted to keep them until 
at such time, until the vacancies came down. So at 
this time with that information unless you have any 
questions, I request it be calendared by the Com- 
mission for discussion so that I could go back be- 
fore the Retirement Board at a future date and tell 
them the policy of the Commission. That is whether 
it is going to be changed or if it stays as it is. 
In regard to the fifty or sixty officers now on dis- 
ability, my feeling is that we should not so imple- 
ment the policy so that suddenly all 50 or 60 have 
to retire, but rather should look at each case and 
take into consideration the benefits to these officers 
by them staying on duty until at such time as their 
retirement benefits accrue to them in the best man- 
ner. Also, considering of course the effect upon 
the Department in that regard. So all of these things 
I suggest that we should discuss at a future meeting. 



Commissioner Siggins stated that the 
Commission would calendar the matter for it's 
March 31st, meeting. 



The Chief then stated that the other sub- 
ject that he wanted to comment on was the problem 
of prostitution. "I related to you last week that 
given the problem as perceived by police personnel 
and staff based upon complaints, I assigned five uni- 
formed police men basically to the ; area, of Union.-.Square 
in order to alleviate the problem. The assignment 
of this personnel has resulted in alleviating the 
problem where we do not have the numbers that were 
reported before standing around. 



Commissioner Siggins thanked the Chief 
for his report and stated that last week Commissioner 
Hall brought up the Newspaper Article regarding the 
prostitution problem and the Chief stated that he had 
received numerous complaints and at his (Commissioner 
Siggins) request he had had them distributed to other 






- 146 - 



members of the Commission. He further stated that 
in going over them he could see that Mr. Robert 
Wilhelm, the General Manager of the St . Francis 
Hotel had made many complaints to the Department 
and he (Commissioner Siggins) took it upon himself 
to invite Mr. Wilhelm to the meeting tonight to 
discuss those complaints. 



Mr. Robert Wilhelm stated that he xvas 
not only speaking in behalf of the St. Francis 
but of all of the hotels in San Francisco. He 
stated that the St. Francis alone has over 300,000 
guests a year from all over the world. He further 
stated that they have their own security force within 
the hotel and could handle their own internal pro- 
blems provided they continue to have the support 
of Chief Gain and his Department to handle the ex- 
ternal problems . He then stated that "we have been 
monitoring with our own security staff the activities 
at night. We take readings during the night by send- 
ing our people out on the sidewalk in front of the 
hotel and actually counting the activity and the num- 
ber of prostitutes both male and female. We have 
seen since the assignment of these uniformed officers 
a modest decline in the number of these prostitutes. 
We would hardily encourage the Commission and the 
Chief to continue the activities that are underway 
now and hopefully this could be extended to the Dis- 
trict Attorney's Office to get some prosecution going 
which I think would deter this. 



H 



m 



Mr. Irv Baldwin, Hotel Employers Association, 
who appeared with Mr. Wilhelm, stated that he was con- 
cerned about the fact that this was a kind of an 
announced two week trial period. "We feel very strongly 
that if we are going to go on a basis of uniform patrol 
who are not allowed to sweep or to arrest then we are 
going to have to continue to hope, that those uniform. not 
none uniform will suffice because, that is the" same thing that w 
had on the Cable Car line. The girl who doesn't see 
the uniform policeman or the homosexual prostitute who 
doesn't see the uniform policeman TJ _be. or.-.she.; will go. 
ahead and solicit ."" We 'don it want that,' we, want: tot 
stop the soliciting and ; get them out of ■" towh.t! leni out 

Chief Gain called upon Sergeant John Vanucci, 
Bureau of Special Services, to comment. Sergeant 
Vanucci stated that from what he had received from the 
readings the trend has been down. "I feel that there 
is still moreprostitutes in the area than there were 
say three months ago. But the crimes have certainly 
improved from what we get in the Bureau of Special 
Services since the uniform personnel have been added 
to that area. f$l 



The Commissioners thanked Mr. Wilhelm and Mr. 
Baldwin for appearing at the meeting and making their 
presentations . 



- 14:? - 



RECOMMENDATIONS OF THE TRAFFIC BUREAU - APPROVED 



RESOLVED, that the recommendations of 
the Traffic Bureau on the installation of zoning 
for the regulation of traffic on the public streets, 
be, and the same are hereby approved: 



221 - 11th STREET - GRACE COMPANY 



a) At 221 - 11th Street, revoke existing 15 
green zone. 



b) At 221 -11th Street, install a 15' yellow 
zone, to extend between driveways. 



498 PACIFIC AVENUE - BARBARY COAST RESTAURANT 



a) At 490 Pacific Avenue, revoke existing 
30 ' white zone . 



b) At 498 Pacific Avenue, install a 46' 
white zone, to extend from 14' - 60' 
east of Montgomery Street. 



c) Remove parking meters PAC-436 & PAC-438 



d) Permission to install portable No Park- 
ing signs in conjunction with this white 
zone . 



1001 GRANT AVENUE - BANK OF TRADE 



a) At 1001 Grant Avenue, install a 60' 
green zone, to extend from 18' - 78' 
north of Jackson Street . 



b) Remove parking meters GRANT-1003 & GRANT-1005 



c) At 1001 Grant Avenue, revoke existing 
20' white zone. 



450- SIXTH STREET - SOUTH OF MARKET OUTPATIENT 

SERVICES 



a) At 450 - Sixth Street, install a 30' white 
zone, to extend north of the south property 
line , 



b) Permission to display portable No Parking 
signs in conjunction with this white zone. 



- 148 - 



399 STEINER STREET HOTEL-APARTMENT COMPLEX 



a) At 399 Steiner Street, install a 22' 
white zone, to extend from 50' - 72' 
south of Page Street . 



b) Permission to display portable No Park- 
ing signs in conjunction with this white 
zone . 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 



ABSENT: Commissioner Gallegos 



REVOKED 



RESOLVED, that the recommendations of 
the Traffic Bureau on the revocation of 229 feet 
of green, white and yellow zones at various parts 
of the City at the locations submitted, be, and 
the same are hereby approved. 



AYES: Commissioners Ciani, Hall, Murphy. 
Siggins 



ABSENT: Commissioners Gallegos 



RETIREMENT 



Communication was received from the 
Retirement Board officially notifying the Police 
Commission of the service retirement of Director 
of Traffic, Edward B. Cummins, Jr., effective 
January 7, 1976. 



The communication was ordered filed. 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 

RESOLUTION NO. 91-76 
BARBARA JOAN RANDOLPH 

RESOLVED, that the recommendation of the 



itr 



Ms 



- 149 - 



City Attorney for settlement of the claim of 
Barbara Joan Randolph against the City and 
County of San Francisco in the sum of $ M 2 .90 
as the result of a faulty tow, be, and the same 
is hereby approved. 

Date of Incident: October 21, 1975 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 

RESOLUTION NO. 92-76 
FRANK 0. BASCUS 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Frank 
0. Bascus against the City and County of San Francisco 
in the sum of $22.00 as the result of a faulty tow, 
be, and the same is hereby approved. 

Date of Incident: December 12, 1975 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 



ABSENT: Commissioner Gallegos 



RESOLUTION NO. 93-76 



WALTER H. BAXTER 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Walter 
H. Baxter against the City and County of San Francisco 
in the sum of $125. ^ as the result of a collision 
with a police vehicle, be, and the same is hereby 
approved . 



Date of Accident: October 2, 1975 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 

RESOLUTION NO. 9^-76 
DONALD E & MARY KEOWN 

RESOLVED, that the recommendation of the 



- 150 - ; ;i p. 



City Attorney for settlement of the claim of Donald 

E. and Mary Keown against the City and County of San 
Francisco in the sum of $3^9.61 as the result of dam- 
ages sustained, be, and the same is hereby approved. 

Date of Incident: September 17, 1975 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggirts 

ABSENT: Commissioner Gallegos 

RESOLUTION NO. 95-76 

THERESA ANN BYRNE 

RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Theresa 
Ann Byrne against the City and County of San Francisco 
in the sum of $103.84 as the result of a collision 
with a police vehicle, be, and the same is hereby 
approved. 

Date of Accident: October 28, 1975 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 

RESOLUTION NO. 96-76 

WILLARD F. CONGER, M.D. 

RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Willard 

F. Conger, M.D., against the City and County of San 
Francisco in the sum of $22.00 as the result of a 
faulty tow, be, and the same is hereby approved. 

Date of Incident: September 22, 1975 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 

RESOLUTION NO. 97~76 
JOAN C. COOPER 






i i ! 

m 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Joan 
C. Cooper against the City and County of San Francisco 
in the sum of $30.00 as the result of damages sustained, ||« 
be, and the same is hereby approved. hj| 

Date of Incident: October 23, 1975 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 



- 151 - 



RESOLUTION NO. 98-76 

MARSHALL CUPP 

RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Marshall 
Cupp against the City and County of San Francisco in 
the sum of $20.00 as the result of a faulty tow, be, 
and the same is hereby approved. 

Date of Incident: September 5, 1975 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioners Gallegos 

RESOLUTION NO. 99~76 
KAREN FUDEMAN 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Karen 
Fudeman against the City and County of San Francisco 
in the sum of $23.50 as the result of a faulty tow, 
be, and the same is hereby approved. 

Date of Incident: October 24, 1975 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 

RESOLUTION NO. 100-76 

ROBERTO U. GO 

RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Roberto 
U. Go against the City and County of San Francisco 
in the sum of $134.71 as the result of a collision 
with a police vehicle, be, and the same is hereby 
approved . 

Date of Accident: October 24, 1975 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 

RESOLUTION NO. 101-76 
ELVJYN J. HERBERT 

RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Elwyn 
J. Herbert against the City and County of San Francisco 
in the sum of $21.00 as the result of a faulty tow, be> 



\ ■ 



- 152 - 



and the same is hereby approved. 
Date of Incident: December 9, 1975 



AYES: Commissioners Ciani, Hall, Murphy, 
Slggins 

ABSENT: Commissioner Gallegos 



RESOLUTION NO. 102-76 



JOANNE KOPELMAN 



r; 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Joanne 
Kopelman against the City and County of San Francisco 
in the sum of $21.00 as the result of a faulty tow, 
be, and the same is hereby approved. 



Date of Incident: November 19, 1975. 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 

RESOLUTION NO. 103-76 

GEORGE M.LENCH C3 

RESOLVED, that the recommendation of the iLl! 

City Attorney for settlement of the claim of George 
M. Lench against the City and County of San Francisco 
in the sum of $20.00 as the result of a faulty tow, 
be, and the same is hereby approved. 

Date of Incident: November 4, 1975 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 

RESOLUTION NO. 10^-76 

GARY RICARDO MEROFF 

RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Gary 
Ricardo Meroff against the City and County of San 
Francisco in the sum of $20.50 as the result of a 
faulty tow, be, and the same is hereby approved. 

Date of Incident: November 25, 1975 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 






- 153 - 



RESOLUTION NO. 105-76 

LUIS D. MUNOZ 

RESOLVED, that the recommendation of the 
City Attorney for se 1 tlement of the claim of Luis 
D. Munoz against the City and County of San Francisco 
in the sum of $80.19 as the result of damages sus- 
tained, be, and the • ame is hereby approved. 

Date of Incident: December H, 1975 

AYES; Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 

RESOLUTION NO. 10 6-76 

AKIRA "BILL" NAKATANx 

RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Akira 
"Bill" Nakatani against the City and County of San 
Francisco in the sum of $320.00 as the result of 
a collision with a police vehicle, be, and the same 
is hereby approved. 

Date of Accident: October 20, 1975 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 

RESOLUTION NO. 107-76 

WILEY PHILLIPS, JR. 

RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Wiley 
Phillips, Jr., against the City and County of San 
Francisco in the sum of $22.00 as the result of a 
faulty tow, be, and the same is hereby approved. 

Date of Incident: November 7, 1975- 

AYES: Commissioners Ciani, Hall, Murphy, 
:; T ;^gins 

ABSENT: Commissioner Gallegos 

RESOLUTION NO. 108-76 
CHRISTINE M. SALACH 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Christine 
M. Salach against the City and County of San Francisco 



- 154 - 



m 



In the sum of $20.00 as the result of a faulty tow, 
be, and the same is hereby approved. 

Date of Incident: November 3 to 13,' 1975 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 

RESOLUTION NO. 109-76 

WAYNE A.SAMUEL 

RESOLVED, that the recommendation of the 
City Attorney, for settlement of the claim of Wayne 
A. Samuel against the City and County of San Fran- 
cisco in the sum of $144.00 as the result of damages 
sustained, be, and the same is hereby approved. 

Date of Incident: September 28, 1975 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 
RESOLUTION NO. 110-76 
RONNY LEE STRUWE 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Ronny 
Lee Struwe against the City and County of San 
Francisco in the sum of $20.00 as the result of 
a faulty tow, be, and the same is hereby approved. 

Date of Incident: November 2, 1975 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 

RESOLUTION NO. 111-76 

LILY YEONG 

RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Lily 
Yeong against the City and County of San Francisco 
in the sum of $21.00 as the result of a faulty tow, 
be, and the same is hereby approved. 

Date of Incident: October 30, 1975 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 



' ■..■•< 



RESOLVED, that the recommendation of the 
City Attorney for .settlement of the claim -f Helen 
E. Zemansky against the City and Coun ty o * San 
Francisco in the sum of $2^2.42 as the res lit of 
damages sustained, be, and the same Is hereby ap- 
proved. 

Date of Incident: December9, 1975 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 

RESOLUTION NO. 11^-76 

JOSEPH JAY ZARTUN 

RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Josef h 
Jay Zartun against the City and County of San Prar - 
cisco in the sum of $30.00 as the result of a faulty 
tow, be, and the same is hereby approved. 

Date of Incident: January 1, 1976 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 

RESOLUTION NO. 115-76 

ALMA JEAN BELLINA AND HER 
ATTORNY MORTON L. SILVERS 

RESOLVED, that the recommendation of tie 






RESOLUTION NO. 112-76 

GERALD AND CARRIE WON 

RESOLVED, that the recommendatic i of the 
City Attorney for settlement of the claim >f Gerald 
and Carrie Won against the City and County of San 
Francisco in the sum of $92.78 as the result of a 
collision with a police vehicle, be, and t .e same 
is hereby approved. 

Date of Accident: October 20, 1975 

AYES: Commissioners Ciani, HalL, Mur hy, 
Siggins 

ABSENT: Commissioner Gallegos 

RESOLUTION NO. 113-76 
HELEN E. ZEMANSKY 






REQUEST FOR SUPPLEMENTAL APPRQPRJ ATION 

RESOLVED, that the Controller be, and 
he is hereby requested to draw a Supplemental 
Appropriation Ordinance in the anount of .^ 8 ,653 
from the following appropriation number i i the 






I 



City Attorney for settlement of litigation of Alma ; 

Jean Bellina in the sum of $^,000 in Superior Court 
Action No. 671-129 entitled "Alma Jean Bellina va. 
City and County of San Francisco" as the rosult of a 
collision with a police vehicle, be, and the same is 
hereby approved. 

Date of Accident: October 19, 1973 P|- 

AYES: Commissioners Ciani, Hall, Munhy, < ** 

Siggins 

ABSENT: Commissioner Gallegos 

RESOLUTION NO. 116-76 

PETER M. HERNANDEZ 

RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Peter 
M. Hernandez against the City and County of San 
Francisco in the sum of $705.82 as the result of 
a collision with a police vehicle, be, and the same 
is hereby approved. 

Date of Accident: December 8, 1975 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ma 
ABSENT: Commissioner Gallegos fyd 

RESOLUTION NO. 117-76 
KAREN ANN STEWART 

RESOLVED, that the recommendatic i of the 
City Attorney for settlement of the claim of Karen 
Ann Stewart in Small Claims Court Action No. 319- 
367, in the sum of $338.70 as the result cf a coll- 
ision with a police vehicle, be, and the tame is 
hereby approved. 

Date of Accident: October 15, 1975 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 
RESOLUTION NO. 118-76 



r.^ 



■ ■■ III < I : 



- 157 - 



amount shown: 

Appropriation No. 5 .161 .110 .001 .000 

Permanent Salaries- 
Civilian $8,653 

and credit it to the following appropriations in 
the amounts indicated: 

Appropriation No. 5.161.110.00.1.000 

Permanent Salaries- 
Civilian Fringe Benefits $6, 90 4 

Appropriation No. 5.161.860.000.000 

Retirement 1,121 

Appropriation No. 5.161.862.000.000 

Social Security 4o4 

Appropriation No. 5.l6l .865.000 .000 

H.S.S. 224 

$8,653 

to provide funds for immediate filling of unfunded 
telephone positions. 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 

RESOLUTION NO. 119-76 

REQUEST FOR SUPPLEMENTAL APPROPRIATION 

RESOLVED, that the Controller be, and he 
os hereby requested to draw a Supplemental Appropria- 
tion Ordinance in the amount of $4,455 from the fol- 
lowing appropriation number in the amount shown: 

Appropriation No. 5.161.110.001.000 

Permanent Salaries- 
Civilian $4,455 

and credit it to the following appropriation in the 
amount indicated: 

Appropriation No. 5.161.200.000.000 

Contractual Services $4,455 

to provide funds to employ services of one (1) Labor 
Attorney and one (1) Negotiator. 

Commissioner Ciani recommended passing of 
this item providing that the first paragraph in the 
justification for such services be deleted. 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 



TRANSFER OF JITNEY BUS PERMIT - APPROVED 

The matter of the transfer of the right to 
operate a jitney bus by the following-named person 
was called fo hearing, it having been advertised 



- 158 - 



in the official newspaper in accordance with the pro- 
visions of ordinance applying thereto. The transferee did not 
appear _,< in person and was not represented by counsel. 
The estate of Lloyd L< ng (Deceased) presented ttiCthe 
Police Commission with a Consent to Transfer from 
the Office of the State Controller, Inheritance and 
Gift Tax Division, dated February 23, 1976, and signed 
by William Seeley, Tax Attorney for Kenneth Cory, 
State Controller, whereby Jitney Bus Permit Number 
15569 is transferred to Mrs. Long. Th'.e Conttiisslon 'approved '"""' 
the transfer of whatever right, title or interest to 
the within-named transferee; said approval contingent 
upon the transferee filing with the Police Commission 
the appropriate bond and/or insurance policy as pro- 
vided by the Police Code: 

TRANSFEROR TRANSFEREE NO. OF PERMITS 



Lloyd Long (Deceased) Mrs. Lois E. Long 1 
1420 Charlston Road 128 Chandler Street 
Mountain View, Calif. Vacaville, Calif. 

Route: Mission Street - Ferry to Sickles Avenue 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 



Resolution amending Rule 3.06 of the Rules and 
Procedures considered for adoption at next weeks 
meeting. 

Captain William O'Brien, Department Secretary, 
stated that there has been a court case (Skelly 
Decision) that says when a City Employee has been 
suspended there are certain things that the Suspending 
Officer must do. He further stated that we do all 
that is required with the exception of the following 
which would be the amended portion of this rule: 

"A MEMBER SUSPENDED PURSUANT TO THIS SECTION 
SHALL HAVE THE RIGHT TO RESPOND EITHER ORALLY 
OR IN WRITING TO THE CHIEF OF POLICE PRIOR TO 
THE EFFECTIVE DATE OF THE SUSPENSION." 

The Commission then agreed to calendar it for next 
week's meeting to be considered for final adoption. 



RESOLUTION NO. 120-76 

CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY 
(CHINATOWN RICKSHAW PERMIT) HEARING TO REVOKE - 
CONTINUED TO MAY 26, 1976. 



WHEREAS, there was granted to Edmund L. 
Jung on August 10, 1964, a permit and/or license 
for the operation of three (3) Chinatown Rickshaws; 
and 






- 159 i- 



' 

'«:/! 



WHEREAS, pursuant bo an investigation con- 
ducted by the Vehicle Inspection Detail of the San 
Francisco Police Department, the Chief of Police was 
advised that Edmund L. Jung was not operating his 
Chinatown Rickshaw, and had not so operated said 
vehicle for a period In excess of ten (10) consecutive 
days and was, therefore, in violation of the provisions 
of Section 1079 of the Police Code; and 



WHEREAS, Mr. Edmund L. Jung appeared be- 
fore the Police Commission on Wendesday, July 30, 
1975, Wendesday, October 8, 1975, Wednesday, Decem- 
ber 10, 1975, Monday, February 9, 1976, and on Wendes- 
day, March 17, 1976, and each time requested an ex- 
tension of time to allow him to resume his Chinatown 
Rickshaw service; and 



WHEREAS, the Police Commission feels that 
an additional extension of time should be granted 
to Mr. Jung because of planned public hearings to 
be held by the Police, Fire and Safety Committee of 
the Board of Supervisors which may bring about legis- 
lation and authorization for him to charge a higher 
fee for the passengers utilizing his ricl shaw services; 
therefore be it 



RESOLVED, that the request of Mr. Edmund L. 
Jung for an extenison of time to which the Police Com- 
mission does hereby grant to May 26, 1976, to resume 
his Chinatown Rickshaw service, be, and the same is 
hereby approved. 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 



SAN FRANCISCO ADMINISTRATIVE CODE, CHAPTER 10B, CON- 
SIDERED FOR DISCUSSION RE POSSIBLE NON-COMPLIANCE 
WITH ITS PROVISIONS. 

Commissioner Siggins announced the presence 
of Deputy City Attorney Mr. Robert Kenealey and Com- 
missioner Ciani stated that she has had several com- 
plaints from people in regards to this Chapter and 
requested Mr. Kenealey to enlighten the Commission on 
certain aspects of" its' provisions'. • Mr. Kenealey 
stated that basically the reason behind the adoption 
of Chapter 10b was a request by the San Francisco 
Forty-Niners that uniformed patrolmen be placed on 
duty at Candlestick Park Stadium on Sunday afternoons 
when football was being played. The basic purpose 
of this ordinance was to allow the Forty-Niners to 
deposit money with the City and County of San Francisco 
and the Chief would then detail volunteers to serve at 
the games because of various problems that occurred out 






■■ .■ 



- 160 - 



there that didn't seem to' be able-^to.be solved 1 

by the Burns Patrolmen, a private concern. He 
stated there was a change made In the Draft of 
the Chapter by the Board of Supervisors but he 
did not know the reason why. 



Commissioner Ciani stated a point was pi 

made perhaps that notwithstanidng the mandate of 
this Section whether it would be advantageous to 
the public or the Department to use this type of 
procedure for other types of employment or secon- 
dary employment, in other words, If it specifically 
relates to security work or maybe borderline law 
enforcement work, I don't know whether it would fall 
within that, and I would like to ask for comments 
from within the Department on whether that would be 
workable or desirable? 

Captain George Eimil, Director of Person- 
nel, stated that he thought it would be undesirable. 
"I think that no. 1 under that ordinance, police 
officers must be paid full police pay which I think 
is now just about eight dollars an hour. In addition ' 
to that the Employer must pay the City 22.5% that 
would cost an employer ten dollars an hour to hire 
a police officer off duty. At the present time, 
officers are working off duty based upon our written 
regulations at five fifty an hour. If we enforced 
Chapter 10b. 1 it would drastically reduce the number 
of officers who could work for it would cost employers 
too much. He stated that the Department would be p- 

required to set up another bureau to handle the Wi 

other ramifications that would be brought in to 
operate under this section. "It would be an addi- 
tional burden on the Department." 

Captain Eimil further stated that he had 
been administering this program since 1970 and he 
had never received a complaint . 



Commissioner Ciani asked Chief Gain if he 
had any comment on this and the Chief called upon 
Captain Jeremiah P. Taylor, Supervising Captain of 
Districts, to comment. Captain Taylor stated that In 
his opinion Secondary Employment is getting so widespread 
that it is starting to interfere with the operation of 
the Department. He stated that there are.'five ihundred 
people now engaged in secondary employment. "Although 
I am sympathetic to the officers wanting and desiring 
to obtain additional funds, I have always encouraged 
the use of equivalent or EWW money in other words allow- 
ing them to work what we call extra duty for a regular 
rate of pay. But now with this many men we find that 
we are getting protests over assignments and deployment 
and we find that a lot of men of course, are desirous of" 
working watches that they are not really entitled to 
as a result of their seniority because of the needs 
of their secondary employment. In some cases I ha\ e 
found that their is interference with their primary 
duty as a policeman as a result of their obligations 
off duty. 



- 1'61 - 



Commissioner Ciani asked the Chief if he 
had any comment. The. Chief stated that "we are 
discussing this in a broad manner now and one thing 
we might want to consider too is whether by permit- 
ting policemen to have secondary jobs if it is de- 
priving citizens of employment. I think that is a 
fact to be considered. 

Sergeant Gerald Crowley, President of the 
San Francisco Police Officers' Association, stated 
that he was addressing himself to some of the com- 
ments that Captain Taylor had made and he didn't 
think that the Captain should come here and talk 
about what he presumed would happen and that the 
policemen are shunning their duties because of their 
second jobs because he believes that is so, makes 
him a little upset but he thought Jack (Jack Ballentine, 
Treasurer, San Francisco Police Officers' Association) 
had some comments on that. 

Officer Ballentine stated that the Adminis- 
trative Code Section provisions that we are referr- 
ing to are used extensively in other cities, Boston for 
instance. "There are a number of private police pro- 
blems that the city is paying for and we might well 
begin what other cities are doing to have that burden 
placed upon whoever wants policemen there for whatever 
reason. That is why the Forty-Niners came and had the 
Administrative Code changed and that is why Candlestick 
Park has policemen out there and in a few other areas. 
I am sure that the Bank of America, who employs the 
vast majority of policemen at five-fifty an hour would 
not like to see that come about. And I think it is 
something you could well look into. 

Commissioner Ciani: You stated two different 
things that might be looked into: One is the adminis- 
trative changes that might insure that the present rules 
are being complied with in regard to secondary employment, 
so that it doesn't have an adverse impact on the kind of 
employment and the other is the possible expansion of 
the matter of policy of the proper use of 10B in situa- 
tions where private parties do ask for additional assist- 
ance like funerals and opening for Bars and etc. 

Chief Gain: In regards to that, I would be 
opposed to opening it up to that. In Boston and In 
other Police Departments on the East Coast, it is not 
uncommon at all to see State Police or Municipal Police 
standing around Public Utility type things where the 
Telephone Company may be repairing the street and down 
in a manhole using a uniformed policeman and the city 
provides them where there is not a need for them, but 
there is an understanding and you find them doing cer- 
tain types of things like controlling traffic or people 
going in and out of parties in a private home and I would 
feel that we should stay away from that area, stay away 
from funeral escorts. There are private funeral escort- 
ing persons and that's gainful employment for people. 
It seems to me that the criteria that we should have in 
regards to some of these events we've talked about is, 
if there is a need for police presence for congestion, 
then it is our obligation to provide it. If they want 
the guard type person and there is not really a police 
need, then, to the extent possible, I think they ought 
to hire private individuals. There are private security 
firms. I think we would be taking on more of a problem 



WR 4 1976 



N *sKsgasa 



; J. 



- lbZ - 



and our image would suffer if we involve this thing 
too much. I'm concerned about this whole matter of 
secondary employment., I think it should be very lib- 
erally applied and make as sure as we can that there 
is no conflict of interest. Then too, I question the 
consitutionality.. . What constraints can we constitu- 
tionally apply to policemen as far as secondary employ- 
ment? I would suggest that we, perhaps, should ex- 
plore the whole problem. Do not policemen as a con- 
stitutional right, except as a conflict of interest 
on the type of employment, have a right to be employed 
as long as it doesn't cause a real disability as far 
as their providing good service? I feel that the 18 
hours requirement may be artificial. In some Depart- 
ments, 15 hours or whatever it may be. So perhaps we 
should open this whole thing up for discussion and study. 

Commissioer Ciani stated that perhaps the Chief 
and Captain Eimil and Captain Taylor could look into 
these various points that have been raised and perhaps 
report at some later time. There may also be some mem- 
bers of the public or representatives of organized groups 
who might want to have some participation . 

The Commission agreed to hear the matter again 
on Wednesday, April 28, 1976. 

Commissioner Siggins then thanked Deputy City 
Attorney Robert Kenealey for appearing and offering his 
views on Administrative Code Chapter 10B. 

MR. A. R. RODERICK, MEMBER OP THE COMMUNITY RELATIONS 
EXECUTIVE BOARD, TARAVAL POLICE STATION 

Mr. Roderick appeared and submitted a seven .,— , 
page report on items that he thought were problems that 
needed solving with help from the Police Commission and 
the Police Department. These items were briefly as 
follows: Providing protection for our Supervisors; 
His solution would be a Special Supplemental Budget re- 
quest to fund the special protection costs. Increased 
mounted patrol in Golden Gate Park and eliminate mounted 
patrol on Federal Property. He suggest billing Federal 
Government for any and all services provided on Federal 
Land. 

He then spoke of the many duties of the Civil- 
ian Arm of Police Community Relations which started in 
1962. He requested that $30.00 dollars a month be made 
available for each of the nine (9) department-sponsored 
civilian PCR divisions for operational expenses and also 
an amount of up to $35.00 per month for the limited usage 
of record keeping and transportation costs to and from meet- 
ings for the District Chairman and first officers of the 
PCR Executive Board. (The entire context of this report 
is on file with the calendar items of today's meeting in 
the Police Commission Office.) 

Captain Jeremiah P. Taylor, Supervising 
Captain, then spoke in answer to some of Mr. Roderick's 
points on the manpower allocation for the Taraval Police 
District. He gave a breakdown of manpower as distribut- Hi 
ed over a 24 hour period taking into consideration watch 
off schedules and time off for sickness and disability. 
He stated that he felt that the amount of* manpower allo- 
cated to the Taraval was sufficient based on crimes re- 
ported to take care of the needs of that District. 

Commissioner Siggins then thanked Mr. Roderick 
for his presentation. 






COMMENDATION EXTENDED TO MEMBERS OF THE SAN FRANCISCO 
POLICE DEPARTMENT FOR ARREST AND CONVICTION OF ZEBRA, 
MURDER SUSPECTS. 



Commissioner Murphy stated that on behalf of 
the Police Commission she would like- to commend those 
members of the San Francisco Police Department for their 
excellent work in bringing about a successful conclusion 
in the arrest and conviction of those persons in the so- 
called San Francisco Zebra Murder Case. 

WEEKLY SICK REPORT 

Chief Gain, submitted a report of members of 
the Department off duty due to sickness and disability 
for the week ending Saturday, March 13, 1976 at 2400 
hours as follows : 

Previous Week . 
Daily average for the week sick 70 63 
Daily average for the week disabled 99 102 

TOTALS 



I6T 



TFT 



This is an increase of four (4) members off duty daily 
from the previous week. 

Previous Week 
Daily percentage for the week, sick 3.74 3-42 
Daily percentage for the week, disabled 5-49 5.67 

TOTALS 9.23 9.09 



Disabled at start of week 
Started during the week 
Returned during the week 
Disabled at the end of week 
Net Gain or Loss 



Sick and Disabled for 
week ending Saturday, 
February 14, 1976 at 
2 400 hours: 
Daily average for 
the week sick 



Daily average for 
the week disabled 
TOTALS 

Daily percentage for 
the week sick 

Daily percentage for 
the week disabled 
TOTALS 



49 
99 



1W~ 

2.62 

5.45 



99 
15 
12 
102 
+ 3 

Sick and Disabled for 
week ending Saturday. 
March 6, 1976 at 2400 
hours : 

Daily average for 
the week sick 63 

Daily average for 
the week disabled 102 

165 

Daily percentage for 
the week sick 3.^2 

Daily percentage for 
the week disabled 5-67 



BToT 

The report was ordered filed. 

AYES: Commissioners Ciani, Hall, Murphy, 

Siggins 
ABSENT: Commissioner Gallegos 

The Commission then adjourned its meeting. 



9.09 




- 16/1 



24 MARCH 1976 t REGULAR MEETING 

Tbe^olice Commission of the City and 
County of^San Francisco met in their chambers, 
Room 551, Hall of Justice, 850 Bryant Street, on 
Wednesday, March 24, 1976 at 1730 hours, in regular 
session . 






PRESENT: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 

Commissioner Siggins presiding. 



The members of the Commission, having 
been furnished copies of the minutes of the meet- 
ing of March 17, 1976, reading of same was dis- 
pensed with and the minutes were approved. 

AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



CHIEF'S REPORT TO THE POLICE COMMISSION 



Chief Gain stated that he had begun visiting 
the District Stations and that some of the problems the r -,-.. 
men had were ventilated and identified. He felt now that 
since the men had had the chance to air their problems L' \ 
the Department could move ahead toward the primary task 
of handling the day to day police problems. He then 
stated that the Department has been ordered to reduce 
the Budget by four (4) or five (5) percent. He then 
asked Captain O'Brien to speak on that matter. 

Captain O'Brien stated that on Monday, March 
22, the Mayor called together representatives from all 
the City Departments to discuss the financial condition 
of the City itself. He made several remarks that the 
City is financially in bad shape because we had some 
twenty-one and a half million dollars we were going to 
be in the hole when this new fiscal year started because 
of requirements that are mandatory that thaC'Clty pro- 
vide money for, but that we wouldn't have the surplus 
that we had in the past for these things. As a result 
of his talk, he said that each Department would be ex- 
pected to come up with a reduction in their budgets 
for the fiscal year beginning July 1, 1976/77, of 
between four (4) or five (5) percent of their budget 
that they are presently using. In other words what- 
ever our budget is for 1975/76 we would be requested 
to come up with a cut between four (4) and five (5) if| 

percent from that amount for the fiscal year 76/77. 
He is letting the Departments make their recommendations $|$ 
in as much as they can to come up with these amounts. 



DOCUftlENTS 

APR 4 1976 



VN FR-AN<iH3<50 
jBL.lt LIBRARY. 



- 165 - 



Now this means that we submitted a budget of 77 million 
plus for 1976/77, whereas our budget for 1975/76 is 
71 million, 300,000 dollars. So we are requested to 
come up with a budget cut from our budget that was sub- 
mitted for next year of in excess of 8 million dollars 



Chief Gain stated that with our present re- 
sources and given the quantity of crime within our 
city, the Police Services that we endeavor to provide, 
any cut in fact in my judgement, in our current budget 
the budget submitted, would have a drastic adverse 
affect upon our ability to cope with crime and to pro- 
vide the full spectrum of police services that we are 
pbligated to furnish. 



Commissioner Hall stated to the President 
of the Commission that his concern is that we under- 
stand what the Mayor is trying to do, yet at the same 
time, I think the people of San Francisco ought to 
know they can not expect the same services in terms 
of protection and policing with a less amount of money. 

Chief Gain stated that right now the Depart- 
ment is short 85 police officers, approximately 51 
Patrolmen, 27 Sergeants, 11 Assistant Inspectors, a 
Lieutenant and Captain, and so on. In addition to that 
there are 50 to 60 men on permanent disability working 
and obviously they are not impacting on street-type 
crime . 



Commissioner Gallegos stated that he would 
like to make a motion that the matter be reviewed by 
the Chief and concurred with Commissioner Siggins on 
a day to day basis on what cuts, if any, can be made, 
but particularly with the Chief to consider what impact 
this is going to have on rendering police services in 
particular the implications for public safety and go 
into the meeting on the basis of that view. Commissioner 
Murphy seconded the motion and it was unanimously approved, 



Chief Gain stated that he would make the 
study and do all that he can to identify reductions 
in budget that do not effect the Department's ability 
to impact upon crimes on the street. 



RETIREMENTS 



Communications were received from the Retire- 
ment Board officially notifying the Police Commission of 
the retirements of the following-named members of the 
Police Department : 



a) Sergeant Harold M. Reynolds, Southern 

Police Station, for service, effective March 
3, 1976. 



.66 - 



b) Inspector Robert L. Martin, Intelligence 
Unit, for service, effective March 10, 
1976. 



c) Inspector Samuel R. Quinn, Bureau of 

Inspectors, for service, effective March 
3, 1976. 



d) Inspector Thomas F. Ryan, Bureau of 
Inspectors, for service, effective 
March 3, 1976. 



e) Inspector Edmund Sarraille, Bureau of 

Inspectors, for service, effective March 
3, 1976. 



f) Inspector Donald J. Willett, Bureau of 

Inspectors, for service, effective March 
3, 1976. 



g) Police Officer Richard F. Akers, Northern 
Police Station, for service, effective 
February 18, 1976. 



h) Police Officer Edward Castiglioni, Ingle- 
side Police Station, for service, effective 
February 25, 1976. 



i) Police Officer Albert P. Larrieu, Park 
Police Station, for service, effective 
February 18, 1976. 



j) Police Officer Thomas J. O'Hara, Traffic 
Bureau, for service, effective March 3, 
1976. 



k) ■ Police Officer Albert L. Perry, Jr., City 

Prison, for service, effective February 18, 
1976. 



1) Police Officer George B. Smith, Crime 

Specific Task Force, for service, effective 
February 25, 1976. 



The communications were ordered filed 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



fc - j J 



- lb 7 - 



RESOLUTION NO. 121-76 



ROBERT BROMBERG AND SHARON 
BROMBERG, AND THEIR ATTORNEY 
GEORGE J. ENGLER 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Robert 
Bromberg and Sharon Bromberg in the sum of $3,000.00 
in Municipal Court Action No. 701,136, entitled 
"Robert Bromberg and Sharon Bromberg v. the City and 
County of San Francisco," as the result of a collis- 
ion with a police vehicle, be, and the same is hereby 
approved . 



Date of Accident: October 18, 1973 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 122-76 



DARRILL HUDSON/CALIFORNIA CASUALTY 



RESOLVED, that the recommendation of the 
City Attorney for settlement of uniitigated claim 
of Darril Hudson/California Casualty against the City 
and County of San Francisco in the sum of $590.70 
as the result of a collision with a police vehicle, be, 
and the same is hereby approved. 



Date of Accident: October 20, 1975 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 123-76 



WILLIAM E. WEISS, WEISS WELDING TRUCK 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of William 
E. Weiss, Weiss Welding Truck, against the City and 
County of San Francisco in the sum of $20.00 as the 
result of a faulty tow, be, and the same is hereby 
approved. 

Date of Incident: August 26, 1975 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



- 168 



RESOLUTION NO. 124-76 



RULES AND PROCEDURES OF THE SAN FRANCISCO POLICE 
DEPARTMENT - AMENDED 



RESOLVED, that effective 0000 hours 
Thursday, March 25, 1976, the Rules and Pro- 
cedures of the San Francisco Police Department 
are hereby amended to read, as follows: 



r^ 



RULE 3-06 
AMENDED PORTION 
IN CAPS 



May for disciplinary purposes 
suspend a member for a period 
not to exceed ten (10) days for 
violation of the Rules and Pro- 
cedures of the Department. Any 
member so suspended shall have 
the right to appeal such suspen- 
sion to the Police Commission, 
and have a trial and hearing on 
such suspension. Written notice 
of appeal must be filed within 
ten (10) days after such suspen- 
sion, and the hearing of said ap- 
peal must be held within thirty 
(30) days after the filing of 
said notice to appeal. If the 
Commission shall reverse or alter 
the finding of 'the Chief; it shall 
in the case of a reversal, and in 
other cases, it may in its dis- 
cretion, order that the member 
affected be paid salary for the 
time of his suspension. In the 
event the Chief should exercise 
such power of suspension, the mem- 
ber involved shall not be subject 
to any further disciplinary action 
for the same offense. In every sus- 
pension imposed pursuant to this 
rule, a statement in writing shall 
be given to the suspended member, 
giving notice of the authority by 
which it is made, the cause of the 
action, the length of suspension, 
and the right of appeal. A copy 
of this notice shall be forwarded 
to the Board and to the member's 
Commanding Officer. A suspension 
imposed pursuant to this rule shall 
be referred to as a "Disciplinary 
Suspension by the Chief." 

A MEMBER SUSPENDED PURSUANT TO THIS 
SECTION SHALL HAVE THE RIGHT TO 
RESPOND EITHER ORALLY OR IN WRITING 
TO THE CHIEF OF POLICE PRIOR TO THE 
EFFECTIVE DATE OF THE SUSPENSION. 



""1 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



- 169 - 



PUBLIC HEARING RELATIVE TO RULE 1.55 OF THE NEW 
RULES AND PROCEDURES PERTAINING TO THE CHAIN OP 
COMMAND OF THE SAN FRANCISCO POLICE 'DEPARTMENT . 



Below is the list of persons who re- 
quested and received permission to speak on be- 
half of this issue: 

Senator Milton Marks 

Reverend Cecil Williams 

Joe Hall, NAACP 

Dr. Washington E. Garner 

Percy Steele 

Dante Andreotti 

Reverend Marvin Chandler, Co-Chairman of 
Religion and Race 

Sergeant Henry Williams 

Officer Wildred Battle 

Tom Phillips, Native American Association 

Duke Smith 

Mr. Preston Cook, Citizens For Justice 

Lionel Uriarte, League of United Latin Americans 

Cal Lambert 

Mr. E. G. Williams 

Beatrice C. Duncan, N.W.P.C. 

Rebecca Hazelwood 

Yori Wada, 

Ted Flowers 

Below is the list of persons who requested 
and received permission to speak against this issue: 

Sergeant Michael Hebel 

Sergeant Lou Calabro 

Chief Gain then asked Sergeant David Roche, 
Attorney of the Legal Office, to speak on the legality 
of the issue. Sergeant Roche stated that they had put 
in many hours of research on this matter and the Chief's 
proposal, as written, in their opinion, is legal. 



-170 - 



Commissioner Siggins then asked the Chief 
if he had any further comments. Chief Gain stated 
that his position is that his recommendation is legal 
and does meet legal requirements and ."I therefore 
recommend to the Commission that you adopt my recom- 
mendation to change this rule as stated in the letter 
which I gave to you." 



Commissioner Siggins then read the pro- 
posed amendment as follows : 

RULE 1.55 ORDER OF RANK. The following shall be the 
order of rank in the Department. 

Chief 

Deputy Chief 

Chief of Inspectors 

Supervising Captain 

Director of Traffic 

Department Secretary 

Director of Personnel 

Captain of Inspectors 

Captain of Traffic 

Director - Technical Services Bureau 

Captain, and Director, Community Relations Bureau 

Lieutenant 

Sergeant 

Inspector 

Assistant Inspector 

Police Officer 



Commissioner Murphy moved that the order 
of rank as proposed in Section 1.55 and as read by 
Commissioner Siggins be approved. Commissioner 
Gallegos seconded the motion. 



Commissioner Gallegos stated that in pass- 
ing this motion he would like to echo what Reverend 
Marvin Chandler said earlier, "We should let respect 
come to prominence and let recriminations die 



I! 



RESOLUTION NO. 125-76 



NEW RULES AND PROCEDURES OF THE SAN FRANCISCO POLICE 
DEPARTMENT - AMENDED 

RESOLVED, that Section 1.55 of the Manual of 
Rules of the San Francisco Police Department is hereby 
amended to read, as follows: 

1.55 ORDER OF RANK 

Chief 
Deputy Chief 
Chief of Inspectors 
Supervising Captain 
Director of Traffic 
Department Secretary 



- 171 



Director of Personnel 

Captain of Inspectors 

Captain of Traffic 

Director - Technical Services Bureau 

Captain, and Director, Community Relations Bureau 

Lieutenant 

Sergeant 

Inspector 

Assistant Inspector 

Police Officer 



and be it further 



RESOLVED, that said amendment to Section 
1.55 of the Manual of Rules will be effective upon 
distribution to the members of the San Francisco 
Police Department. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



Chief Gain recommended to the Police Commission that 
a copy of the Bar Association of San Francisco's 
Proposed Citizens Complaint Procedures For The San 
Francisco Police Commission, . be furnished to the 
various Police Officers Associations for their study 
and comments 

Commissioner Siggins stated that the Commission con- 
curred and that the minutes would reflect this re- 
commendation. 



WEEKLY SICK REPORT 



Chief Gain submitted a report of members 
of the Department off duty due to sickness and dis- 
ability for the week ending Saturday, March 20, 1976 
at 2400 hours, as follows: 

Previous Week 



Daily average for the week, sick 67 70 

Daily average for the week, disabled 106 99 

TOTALS 173 169 

This is an increase of four (4) members off duty daily 
from the previous week. 

Daily percentage for the week, sick 3-60 3-74 

Daily percentage for the week .disabled - 5 . 83 5 .49 

TOTALS 9.43 9-23 

Disabled at start of week 101 



- 172 - 



Started during the week 
Returned during the week 
Disabled at the end of week 
Net Gain or Loss 



27 

15 

113 

+ 12 



Sick and Disabled for 
week ending Saturday, 
February 21, 1976 at 
2400 hours: 



Daily average for 

the week sick 56 

Daily average for 

the week disabled 98 

TOTALS 154 

Daily percentage for 

the week sick 2.96 



Daily percentage for 

the week disabled 5.44 



Sick and Disabled 
for the week end- 
ing Saturday March 
13, 1976 at 2400 
hours : 

Daily average for 
the week sick 70 

Daily average for 
the week disabled 99 



m 



Daily percentage 
for the week 
sick 

Daily percentage 
for the week 
disabled 



169 



3.74 



5.49 



TOTALS 



8.40 



9.23 



The report was ordered filed 



AYES: Commissioners Ciani, Gallegos, Hall. 
Murphy, Siggins 



RESOLUTION NO. 126-76 



HEARING OF POLICE OFFICER DENNIS C. O'BRIEN, 
INGLESIDE POLICE STATION 



WHEREAS, the hearing of Police Officer 
Dennis C. O'Brien, Ingleside Police Station, was called 
it having been set for this date; and 



WHEREAS, it was recommended by Acting Chief 
of Inspectors, Mortimer F. Mclnerney, that an analysis 
currently being conducted by the Department of the 
charges placed against Police Officer Dennis C. O'Brien 
Ingleside Police Station, had not been completed, and 
as additional time to complete the analysis would be 
necessary, a continuance of the hearing to April 7, 
1976 was requested; therefore be it 



- 17 3 - 



RESOLVED, that the date for the hearing 
of the disciplinary charges filed against Police 
Officer Dennis C. O'Brien, is set for Wednesday, 
April 7, 1976 at 5=30 p.m., in Room 551, Hall of 
Justice . 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 127-76 



HEARING OF POLICE OFFICER STEPHEN J. VENTERS, 
INGLESIDE POLICE STATION 



WHEREAS, the hearing of Police Officer 
Stephen J. Venters, Ingleside Police Station, was 
called, it having been set for this date; and 



WHEREAS, it was recommended by Acting 
Chief of Inspectors, Mortimer F. Mclnerney, that 
an analysis currently being conducted by the 
Department of the charges placed against Police 
Officer Stephen J. Venters, Ingleside Police 
Station, had not been completed, and as additional 
time to complete the analysis would be necessary, 
a continuance of the hearing to April 7, 1976 
was requested; therefore be it 



RESOLVED, that the date for the hearing 
of the disciplinary charges filed against Police 
Officer Stephen J. Venters is set for Wednesday, 
April 7, 1976 at 5:30 p.m., in Room 551, Hall of 
Justice . 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



The Commission then adjourned its meeting. 




~-SECRETAR 




- 17^ - 



OOCUiMfciMTS 

APR 8 1976 



31 MARCH 1976 f REGULAR MEETING 



The^ollce Commission of the City and 
County of^S-an Francisco met In their chambers, 
Room 551, Hall of Justice, 850 Bryant Street, on 
Wednesday, March 31, 1976 at 1730 hours, In regular 
session. W\ 



PRESENT: Commissioners Clanl, Hall, Murphy, 
Slgglns 



ABSENT: Commissioner Gallegos 
Commissioner Siggins presiding. 



The members of the Commission, having 
been furnished copies of the minutes of the meet- 
ing of March 2H , 1976, reading of same was dis- 
pensed with and the minutes were approved. 



AYES: Commissioners Ciani , Hall, Murphy, 
Siggins 

ABSENT: ' (■ Commissioner Gallegos 



CHIEF'S REPORT TO THE POLICE COMMISSION 



Chief Gain reported to the Police Commission 
that at the next Commission Meeting on Wednesday, April 
7, 1976, he would submit names of officers for the Com- 
mission's approval to fill currently existing vacarrcies In 
exempt positions at that time. He then made reference 
to the written report he had submitted earlier to the 
Commission regarding a number of officers who are being 
carried in a permanent light duty status . He stated that 
Dr. Steiner, the Police Surgeon, has been ordered to 
make a re-evaluation of the light duty status with re- 
ference to the Police Commission's policy which requires 
that if an officer is unable to return to full duty within 
one year of the date of injury, he must be retired. The 
number of vacancies existing in the Department at the 
time of this study would also be a factor to consider. 
He then stated that Dr. Steiner, Director of Personnel 
Captain George Eimil and Sergeant Kevin Conroy, the 
Sick Sergeant were all available for whatever questions 
the Commissioners may have on this issue. 

Dr, Steiner was then called upon to briefly ^ 
explain his determination of placing members in a perm- 
anent light duty capacity. The Doctor stated that some 
who have recovered from heart attacks and after subse- 
quent examination by him which showed certain signi- 
ficant changes revealing that their heart was not a hun- 
dred percent, they would be partially disabled. He 
then stated that on the other hand, if it is normal 



I 



- 1' 



and they have no symptoms under stress, and this is 
equally significant, those individuals who have had 
heart attacks and has angina or pains in their chest 
with exertion, is certainly disabled from full duty 
or full exertion. He further stated that that was 
a ready classification and that included many of 
our men now that can do sorta sitting semi-sedentary 
work. Another variety would be an individual with 
a bad back either having had a bad strain or surgery 
on his back, others may have vertigo or hearing dif- 
ficulties, there are some with emotional stressful 
problems under outside circumstances that could 
not do that under the present management. He stated 
that he looks at the men as full individuals in all 
ailments that they may have. 



*** Commissioner Ciani stated that the Com- 
mission has been alarmed at the number of people 
who are out on sick and disability every week, the 
percentage is up over nine percent and that seems 
inordinately high and we are wondering if there is 
some explanation why those figures are so high. 



Dr. Steiner stated that he had no ready 
explanation for it except for what one feels. The 
number of injuries have been relatively the same. 
The sickness is no greater for any lack of epidemic 
in the area. So it must be a matter of individual 
motivation. The urge to come back to work is much 
an individual one and while we make every effort to 
bring men back before they are fully recovered, either 
through some light duty capacity that they could do, 
much of that depends on the treating doctor and the 
individual . 



Commissioner Hall stated that since item #12 on the 
Calendar is similar to the Chief's report, he thought 
it would be appropriate to take up that matter at this 
time . 



RECOMMENDATION OF THE CHIEF OF POLICE THAT THE POLICE 
COMMISSION AT ONE OF ITS REGULAR MEETINGS CONSIDER 
ADOPTING A RESOLUTION AMENDING SECTION 1.65.10 OF 
THE MANUAL OF GENERAL PROCEDURES, COVERING SECONDARY 
EMPLOYMENT OF OFFICERS WHILE ON LIGHT DUTY STATUS. 



Captain O'Brien stated that our present rules 
now prescribe that officers can not engage in secondary 
employment while on sick leave, disability leave, or on 
vacation. The recommendation has been made that we in- 
clude within those descriptions when on light duty. 
And on the assumption of that if a person is physically 
unqualified to perform regular police duty then it seems 
that he shouldn't be able to do two jobs, and that is 
what this is for. 



*** See Weekly Sick Report on page 184. 



- 176 - 



Dr. Steiner stated that he would cer- 
tainly recommend the passage of this. provision. 

Officer Wilfred Battle, President of the 
Officers For Justice Association, requested to speak 
on the issue and stated that he would hope that the 
Commission would take into consideration that most 
members had secondary employment prior to whatever 
injuries they have and as such their family income 
is based upon it . He further asked that the Com- 
mission consider also the type of secondary employ- 
ment the member would have, whether it is a sit down 
job or is it a job sitting at a flower stand selling 
flowers where it is not involving any type of physical 
exertion. The point being is the job the member is 
doing off duty should be taken into consideration 
and weighed as to making a decision whether a member 
on light duty should have no secondary employment 
at all while on a light duty status within the depart- 
ment. And as such, I am sure, the Commission and the 
Chief are well aware that the fact that the pay raises 
in the Department, we don't have them as yet, hope- 
fully we will have them and the cost of living as it 
affects the members of the Police Department, not only 
the members of the Police Department but everyone else 
and the type of financial impact it would have upon the 
families of the members . I would hope and I am quite 
sure the Chief has taken this into consideration in 
making this recommendation. 



Chief Gain stated that what we are asking 
the Commission to do tonight is to give the public 
notice tonight and then calendar it next week or 
whatever for public hearing. 



After further discussion on the matter be- 
tween the Commissioners and Dr. Steiner, Chief Gain 
requested that the matter be Calendared three weeks 
hence which would give everyone sufficient time to 
talk it over and then maybe entertain a revision. 
"So if it is heard about three weeks from now we could 
do some talking in the meantime." 



Commissioner Ciani stated that maybe the 
Commission should direct a letter to the Retirement 
Board and ask them to furnish the Commission with 
thier criteria for appointing and for reviewing per- 
iodically the performance of Retirement Board Doctors 
with a view towards whether they are serving the public 



Chief Gain suggested to the President of the 
Commission that he could direct Staff to confer with 
the Retirement Board and try to get some of these 
answers . 



RECOMMENDATIONS OF THE TRAFFIC BUREAU - APPROVED 



RESOLVED, that the recommendations of the 

Traffic Bureau on the installation of zoning for the 

regulation of traffic on the public streets, be, and 
the same are hereby approved: 



1299 BUSH STREET - CALIFORNIA LEAGUE FOR THE HANDICAPPED, 
INC. , . 



a) At 1299 Bush Street, revoke existing 
36 ' white zone . 



b) At 1299 Bush Street, Install a 36' green 
zone, to extend from 6' - 42' east of 
Larkin Street. 



749 LARKIN STREET - COLOR 2000 INC., 



a) At 749 Larkin Street, install a 24 
yellow zone, to extend from 32' - 
56' south of O'Farrell Street. 



b) Remove parking meter LARKIN-727 
749 TAYLOR STREET - TAYLOR INN 



a) AT 749 Taylor Street, install a 22' 
white zone, to extend north of the 
south property line . 



b) Permission to display portable No 
Parking signs in conjunction with 
this white zone. 



c) Remove parking meter TAYLOR-721. 

900 BATTERY STREET - BUSVAN - STORAGE & UNCLAIMED,- 



a) At 900 Battery Street, revoke existing 
36' yellow zone. 



b) At 900 Battery Street, install a 36' 
green zone, to extend from 34' - 70' 
north of Vallejo Street. 



#1 HOLLAND COURT - ONE HOLLAND COURT CO. 



a) At One Holland Court, install a 34' yellow 

zone, to extend north of the south property 
line to the loading dock. 



- 178 - 



70 ZOE STREET - 440 BRANNAN STREET ASSOCIATES 



a) At #70 Zoe Street, revoke existing 49' 
yellow zone. 



b) At #70 Zoe Street, install a 32' red 
zone, to extend from 72' - 104' north 
of Brannan Street. 



AYES: Commissioners Ciani, Hall, Murphy 
Siggins 



ABSENT.: . Commissioner Gallegos 



REVOKED 



RESOLVED, that the recommendations of the 
Traffic Bureau on the revocation of 214 feet of white 
and yellow zones at various parts of the City at the 
locations submitted, be, and the same are hereby 
approved. 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 



ABSENT: Commissioner Gallegos 



RETIREMENTS 



Communications were received from the 
Retirement Board officially notifying the Police 
Commission of the retirement of the following-named 
members of the Police Department : 



a) Police Officer George Herrick, Jr., City 

Prison, for Industrial Disability, effective 
March 1, 1976. 



b) Police Officer Jay A. Rogovoy, Bureau of 
Inspectors, for Industrial Disability, 
effective March 17, 1976. 



c) Police Officer Allan H. Roper, Bureau of 
Criminal Information, for Industrial Dis- 
ability, effective March 26, 1976. 



The communications were ordered filed. 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 



- 179 - 



RESOLUTION NO. 126-76 
GEORGE D. CAMPOS 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of George 
D. Campos against the City and County of San Francisco 
in the sum of $18.00 as the result of a faulty tow, 
be, and the same is hereby approved. 



Date of Incident: December 16 , 1975 



AYES: Commissioners Ciani , Hall, Murphy, 
Siggins 



ABSENT: Commissioner Gallegos 



RESOLUTION NO. 129-76 



JOHN H. GALLOWAY 



RESOLVED, that the recommednation of the 
City Attorney for settlement of the claim of John 
H. Galloway against the City and County of San 
Francisco in the sum of $220.7*1 as the result of 
a collision with a police vehicle, be, and the same 
is hereby approved. 



Date of Accident: December 12 or 13, 1975 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 



ABSENT: Commissioner Gallegos 



RESOLUTION NO. 130-7^ 



WILLIAM G. HUTCHISON 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of William 
G. Hutchison against the City and County of San Francisco 
in the sum of $2*13.80 as the result of a collision with 
a police vehicle, be, and the same is hereby approved. 

Date of Accident: October 17, 1975 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 



- 180 - 



RESOLUTION NO. 131-76 
MALCOLM T. MANWELL 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Malcolm 
T. Manwell against the City and County of San Francisco 
in the sum of $21.00 as the result of a faulty tow, be, 
and the same is hereby approved. 



Date of Incident: November 5, 1975 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 



RESOLUTION NO. 132-76 



EDWIN WALTER MERGELE III 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Edwin 
Walter Mergele III against the City and County of 
San Francisco in the sum of $21.00 as the result 
of a faulty tow, be, and the same is hereby approved 

Date of 'Incident: October 13, 1975 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 



ABSENT: Commissioner Gallegos 



RESOLUTION NO. 133-76 



JAMES VINCENT MORLEY 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of James 
Vincent Morley against the City and County of San 
Francisco in the sum of $18.00 as the result of a 
faulty tow, be, and the same is hereby approved. 

Date of Incident: October 12, 1975 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 



- 181 



RESOLUTION NO. 134-76 



CARL B. THORSON 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Carl 
B. Thorson against the City and County of San 
Francisco in the sum of $18.00 as the result of 
a faulty tow, be, and the same is hereby approved. 

Date of Incident: September 9, 1975 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 



RESOLUTION NO. 135-76 



LAWRENCE ROY WAYNE 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Lawrence 
Roy Wayne in the sum of $1,500.00 In Superior Court 
Action No. 65^-789, entitled, "Lawrence Roy- Wayne vs. 
City and County of San Francisco, et al . , " as the re- 
sult of damages sustained, be, and the same Is hereby 
approved . 

Date of Incident: September 20, 1972 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 



RSOLUTION NO. 137-76 



POLICE NARCOTIC FUND 



RESOLVED, that the Controller be, and he 
is hereby requested to draw a voucher in favor of 
Chief of Police Charles R. Gain in the sum of $4,166 
charging same to Appropriation No. 5 . l6l . 890 . 050 to 
cover narcotic fund disbursements for the month of 
April, 1976. 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 



ABSENT: Commissioner Gallegos 



- 182 - 



RESOLUTION NO. 138-76 



POLICE CONTINGENT FUND 



RESOLVED, that the Controller be, and he 
is hereby requested to draw a voucher In favor of 
Chief of Police Charles R. Gain in the sum of 
$3,333 charging same to Appropriation No. 5.161. 
890.000 to cover contingent fund disbursements 
for the month of April, 1976. 



r*^- 



AYES: Commissioners Ciani, 
Siggins 



Hall, Murphy, 



ABSENT; 



Commissioner Gallegos 



RESOLUTION NO. 136-76 



TRAVELING EXPENSE VOUCHER - APPROVED 



RESOLVED, that the Traveling Expense Voucher 
submittted by the following-named member of the Police 
Department for expenses incurred in attending the be- 
low indicated program; said expenses having- been ap- 
proved by the Chief of Police, be, and the same is 
hereby approved: 



Assistant Inspector Alan Sonada) 
Juvenile Bureau ) 



AYES: Commissioners Ciani, 
Siggins 



$150.00 (Juvenile Officers 
(Association Con- . 
(ference at Anaheim, 
(California, March 
(17, 1976 to March 
(19, 1976, inclusive 

Hall, Murphy, 



ABSENT: Commissioner Gallegos 



TRANSFER OF JITNEY BUS PERMITS - APPROVED 



operate ji 
were calle 
fical news 
ordinance 
ferees app 
counsels . 
whatever r 
named tran 
to the wit 
gent upon 
mission th 



The matter of t 
tney busses by 
d, they having 
paper in accord 
applying theret 
eared in person 
The Commission 
ights, titles 
sferors might h 
hin-named trans 
the transferees 
e appropriate b 



he transfer o 
the following 
been advertis 
ance with the 
o. The trans 
and were not 
approved the 
or interests 
ave to operat 
ferees; said 
filing with 
onds and/or i 



f the right to 
-named persons 
ed in the of- 

provisions of 
ferors and trans- 
represented by 
transfers of 
that the within- 
e a jitney bus 
approvals contin- 
the Police Com- 
nsurance policies 



: . 



- 183- 



as provided by the Police Code 



T RANSFERORS 

Alexander Atristain 
20 5 4 Chalomar Road 
Concord, Calif. 



TRANSFEREES 



NO. OF PERMITS 



Richard Moreno 

1^7 Bacon Street 

San Francisco, Calif. 



James Taylor Hutchisson Jose R. M.Labrador 

Seller, with Power of 3 Oceanside Drive 

Attorney for Carl Lewis Daly City, Calif. 

Peterson II 

68 Rambling Lane 

Battle Creek, Michigan 

Routes: Mission Street - Ferry to Sickles Avenue 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 



ABSENT: Commissioner Gallegos 



RECOMMENDATION OF THE CHIEF OF POLICE THAT THE POLICE 
COMMISSION AT ONE OF ITS REGULAR MEETINGS CONSIDER 
ADOPTING A RESOLUTION AMENDING RULE 2 . 5 OF THE MANUAL 
OF RULES OF THE SAN FRANCISCO POLICE DEPARTMENT. 
(CHIEF'S APPOINTMENTS.) 



Commissioner Hall asked the Chief In what way, if 
any, does this recommendation affect the Reorganization 
Plan? 

Chief Gain stated that when the Reorganization 
is adopted with what he has in mind now then the Commission 
would have to change this rule again. The titles and posi- 
tions would be different. But nevertheless the Commission 
should go ahead with this recommendation at this time. It 
would be just a matter of changing them later on. With 
the Reorganization there will be lots of Rule changes anyway 
just because of terminology and that is what we are talk- 
ing about here. 

The Commission then ruled that this item be 
noticed for public hearing and set for public hearing 
at next week's meeting of April 7, 1976 at 1730 hours. 



RESOLUTION NO. 139-76 



SUPERIOR COURT ORDER COMMANDING THE POLICE COMMISSION 
TO SET ASIDE ITS DECISION DATED MAY 12, 1969, IN THE 
ADMINISTRATIVE PROCEEDINGS IN THE MATTER OF MICHAEL R. 
O'BRIEN, AND TO RECONSIDER ITS ACTION IN LIGHT OF THE 
COURT'S FINDINGS OF FACT AND CONCLUSIONS OF LAW. 



WHEREAS, a Court Order was received from the 

Honorable Byron Arnold, Judge of the Superior Court, 

ordering the Police Commission to re-consider the case 
of Michael R. O'Brien; and 



- 184 - 



WHEREAS, the matter appeared on the Police 
Commission calendar of Wednesday, March 31, 1976, for 
notification and setting of a date for re-consideration; 
therefore be it 



RESOLVED, that the order commanding the Police 
Commission to re-consider the case of Michael R. O'Brien 
in the light of the Superior Court's findings of fact 
and conclusions of law, be, and the same is hereby set 
for further study and determination for Wednesday, 
April 7, 1976 at 5=30 p.m., in Room 551, Hall of Justice 






AYES: Commissioners Ciani, Hall, Murphy 
Siggins 

ABSENT: Commissioner Gallegos 



***WEEKLY SICK REPORT 



Chief Gain submitted a report 
the Department off duty due to sickness 
for the week ending Saturday, March 27, 
hours, as follows: 

Daily average for the week, sick 64 
Daily average for the week disabled 119 



of members of 
and disability 
1976 at 2400 



Previous 

67 

106 



Week 



TOTALS 



183 



173 



This is an increase of ten (10) members off duty daily 
from the previous week. 

Previous Week 
Daily percentage for the week, sick 3-51 3.60 
Daily percentage for the week disabled 6.72 5 .83 



TOTALS 



10.23 



9.43 



Disabled at start of week 
Started during the week 
Returned during the week 
Disabled at the end of week 
Net Gain or Loss 



113 
25 
20 

118 
+ 5 



Sick and disabled for 
week ending Saturday, 
February 28,1976 at 
2400 hours: 

Daily average for 

the week sick 71 

Daily average for 

the week disabled 98 

TOTALS 169 

Daily percentage 

for the week sick 3.83 

Daily percentage for 
the week disabled 5 .49 
TOTALS . 9-32 



Sick and Disabled for 
week ending Saturday, 
March 20, 1976, at 2400 
hours : 

Daily average for 
the week sick 67 

Daily average for 
the week disabledl06 



173 

Daily percentage for 
the week sick 3-60 

Daily percentage for 
the week disable d 5.83 

9T4T 



18' 



The report was ordered filed. 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Gallegos 

*** See comments on page 175. 

RESOLUTION NO. 1*40-76 



POLICE OFFICER MICHAEL H. GALLAGHER, PARK POLICE 
STATION. 



WHEREAS, charges of violating the Rules 
and Procedures of the San Francisco Police Department 
were filed against Police Officer Michael H. Gallagher, 
as follows: 



SPECIFICATION NO. 



Breach of the peace. (Violation 
of Section 2.13 of the Rules and 
Procedures of the San Francisco 
Police Department) 



SPECIFICATION NO. 2 



Resisting arrest and bringing dis- 
credit upon the Department . (Viola- 
tion of Section 2.13 of the Rules 
and Procedures of the San Francisco 
Police Department) 



SPECIFICATION NO. 3 



Failure to obey lawful order. (Viola- 
tion of Section 2.45 of the Rules and 
Proceudres of the San Francisco Police 
Department ) 



SPECIFICATION NO. 4 



Intoxicated to the extent of being un- 
able to perform police duties. (Viola- 
tion of Section 2.125 of the Rules and 
Procedures of the San Francisco Police 
Department ) 



SPECIFICATION NO. 5 



Leaving of residence while on disability 



- 186 - 



leave. (Violation of Section 
5.57 of the Rules and Procedures 
of the San Francisco Police De- 
partment . ) 



by Edward J. Laherty, Jr., Captain of Police, Com- 
manding Officer of Park Police Station; therefore 
be it 



m i 



RESOLVED, that the hearing before the 
Police Commission on charges filed against Police 
Officer Michael H. Gallagher, Park Police Station, 
be, and the same is hereby set for Mdnday, April' 
12, 1976, at 5:30 p.m., in Room 551, Hall of Justice 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 



ABSENT: Commissioner Gallegos 



SUPPLEMENTAL REQUEST FOR LABOR LAWYER AND LABOR 
NEGOTIATOR. 



Commissioner Ciani stated that selecting 
an attorney for this position may or may not call 
for open public hearings. 



Commissioner Murphy stated that maybe it 
could be done through in house advertisement, i.e. 
Bar Association. 



Chief Gain stated that that request is 
still in the Mayor's Office where it has been for 
some time now and he should -sg'ggest ''that perhaps 'the 
"President of the Commission would inquire as to what 
is going to happen to it before any action is taken 
on recruiting or even announcing." We should have 
some insurance that it is going to leave there for 
one and then we don't know what we will be confronted 
with at the Finance Committee or the full Board. 



Commissioner Ciani stated that the reason 
that she suggest this is because in trying to move 
it through those processes if you can say that this 
is the person or these are the people we are going 
to attract then you have got something tangible 
and they are a little bit more likely to act favorably 
on it . 






The Commissioners then decided to have 
the matter on next week's calendar at which time names 
and criteria for selection would be presented. 



■■j.tj 



POLICE OFFICER JOHN M. ORLANDO - IN MEMORIUM 



Communication received from Chief of Police 



187 



Charles R. Gain officially notifying the Police 
Commission of the death of Police Officer John M. 
Orlando, Central Police Station, who died on Monday 
March 29, 1976. 



Commissioner Murphy stated that, "We all of course 
saw it In the paper and it just seems terrible that this 
young family is going to be deprived of his pension and 
I understand that there is another Officer that died 
rather recently under similar circumstances. I believe 
there is some thought of getting a Charter revision or 
amendment that would take in situations like this that 
would apply to the other officer as well as Officer 
Orlando, is that correct?" 



Captain O'Brien then stated that they did 
not mention the other officers name but they wanted 
it to be retroactive to anybody who had nine years 
and nine months. They are also investigating the 
possibly that the lukemia that Officer Orlando had 
was aggravated by his job. 



Chief Gain stated that he was speaking earlier 
today to some policemen and they were discussing monthly 
contributions on a voluntary basis by police officers in 
regard to Officer Orlando, however, he did not think they 
were doing that same thing for the other officer. 



The Police Commission then extended its 
deepest sympathy to Mrs. John M. Orlando and all members 
of his family. The meeting was then adjourned in memory 
of Police Officer John M. Orlando. 




15 ite ■' 

' . <■ 



, - l8ff - 



.„»>» ' -I 



i 



». alr.H'- 



-,s «« 



7' APRIL 1976 



- 



.Muuijkj 



REGULAR MEETING 



ff <j$ 



The,.JPolice Commission of the City and 
County of^an""Francisco met in their chambers, 
Room 551, Hall of Justice, 850 Bryant Street, 
on Wednesday, April 7, 1976 at 1730 hours, in 
regular session. 



PRESENT: Commissioners Gallegos, Hall, Murphy, 
Siggins 



ABSENT : 



Commissioner Ciani 



Commissioner Siggins presiding, 



DOCUiSENTS 

APR 16 1976 



^I^ISS 



The members of the Commission, having 
been furnished copies of the minutes of the meet- 
ing of March 31, 1976, reading of same was dis- 
pensed with and the minutes were approved. 



AYES: Commissioners Gallegos, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Ciani 



CHIEF'S REPORT TO THE POLICE COMMISSION 



"Mr. President, members of the Commission, as 
I reported to the Commission in an ongoing basis, I 
undertook an interview last week of some twenty odd 
Captains and other persops in appointive positions 
for the purpose of assessing them and then determining 
who I wanted to appoint with the approval of the Com- 
mission to certain appointive. positions non^civil .ser- 
vice in the Police Department based upon our City 
Charter, the Chief of Police in effect the appointing 
officer makes appointments with the approval of the 
Police Commission. Therefore, I would like tonight 
to review the report a copy of which you have wherein 
I state these appointments and if I may I will name the 
Individuals and have them stand as seated here. First, 
Captain Clement DeAmicis now a Captain who with the 
approval of the Commission, April 21, will assume the 
position of Deputy Chief. Secondly, Captain Mclnerney, 
presently Captain of Inspectors, who effective tommorow 
with your approval , will assume the position of Chief of 
Inspectors. Thirdly, Captain Mario Amoroso, who will 
assume the position of Director of Traffic with your 
approval, effective toinb'ri'CA'. Captain George Sully, 
seated here, who will j&ssuino the position of Depart- 
mental Secretary with your approval . Captain Donald 
Taylor, now Captain ; of a, district station, will. assume 
the position of Supervising Captain, and lastly, Captain 
Robert Seghy, a district station Captain, will assume 
the position of Captain <of Traffic. I therefore, and 



. ..> UM' 



■;■'" 









- 189 - 



you have the report before you, would like to appoint 
these persons and I herewith request your approval 
of these appointments. And I might add if I may that 
as I reported to the Commission In an ongoing way, we 
are working on a Re-organization Plan for the police 
department to be submitted to the Commission for study. 
I am hopeful that we will have completed that plan so that 
it can be submitted to the Commission next Wednesday 
night for study and then after appropriate study by the 
Commission and conversation, presumably, the Commission 
would set the public hearing at some future date. In 
regard to the Re-organization Plan as it is now con- 
ceived, there will be four Deputy Chief's positions 
subject, of course, to the approval of the Commission. 
The Re-organization Plan would be approved first as I 
conceive it and then thereafter I would be submitting 
names to the Commission for your approval of persons 
who would assume a Deputy Chief's position. I would 
request then Mr. President, if I may, that the Com- 
mission act favorably upon these appointments." 



Commissioner Gallegos then made a motion to confirm 
the appointments as recommended by the Chief. Com- 
missioner Murphy seconded. 



The Chief thanked the Commission and then stated that 
"I would like to add this, if I may, there has been a 
need, of course, to have a management team. I am very 
impressed with these individuals who appointments you 
now approve and we want to inform the Commission that 
we are dedicated to fulfilling our obligations. We 
feel confident now that we can address several problems 
confronting our department we can set goals and object- 
ives and move on." 



RESOLUTION NO. 148-76 



CHANGES IN PERSONNEL OF THE POLICE DEPARTMENT 



WHEREAS, subject to the provisions of Section 
3.501 of the Charter of the City and County of San 
Francisco, Chief of Police Charles R. Gain made the 
following appointments in the San Francisco Police Depart- 
ment; said positions being authorized by Sections 3-53^ 
and 3.533 of the Charter of the City and County of San 
Francisco : 

EFFECTIVE AT 0800 HOURS, WEDNESDAY, APRIL 21, 1976 
Clement D. DeAmicis Deputy Chief 

EFFECTIVE AT 0800 HOURS, FRIDAY, APRIL 9, 1976 

Robert C. Seghy Captain of Traffic 

EFFECTIVE AT 0800 HOURS THURSDAY, APRIL 8, 1976 



Mortimer F. Mclnerney 
George Sully, Jr. 



Chief of Inspectors 
Department Secretary 



- 190 - 



Mario Amoroso Director of Traffic 

Donald L. Taylor Supervising Captain 

therefore be it 



RESOLVED, that the above appointments made 
by Chief of Police Charles R. Gain, be, and the same 
are hereby approved. 



AYES: Commissioners Gallegos, Hall, Muprhy 
Siggins 

ABSENT: Commissioner Ciani 



Commissioner Gallegos stated that he would like to 
have some kind of plan on how the Commission would 
proceed in respect to a public hearing on the matter 
of the Re-organization. He stated that he would like 
to be sure that those organizations who have expressed 
some interest in the plan will be given the opportunity 
to appear i.e., who is to be contacted? How are they 
contacted? and so on, should be presented to the Com- 
mission rather than just setting a date. He further 
stated that every thing possible should be done to 
try to reach out to those who have an interest and that 
he would like to see something before the Plan is presented 
to the Commission as to how to proceed and consider the 
different views on it . 

Commissioner Murphy stated that," I would like to 
suggest, for example, that we do have a plan that has 
been submitted, I believe to you only (Chief), but we 
have copies of it, from the Bar Association that sets up 
a different plan for a . complaint u . system dnd< so.'on. ~" I think 
that has to be taken into consideration if, for no other 
reason, than to say well we like this part of it or don't 
like this part of it, whatever. I also would like some 
imput from some other sources besides our own expertise 
if we have any, and that is for example the Department or 
the Bureau of Public Administration University of Calif- 
ornia or something like that because it is a very large 
Department and it hasn't been fully reorganizaed for many 
years as I understand it and I think we need to have all 
the expertise we can possibly get to really see if we 
can do it as right as we can." 



Commissioner Hall stated that he wondered if it is poss- 
ible that at the next meeting when the Chief presents 
his plan if he would have copies for people in the 
audience to study. 



Chief Gain stated that we are now getting as much imput 
from staff as we can on the Reorganization and will 
certainly get outside imput advice also. 



- 191 - 



Captain Sully, Department Secretary, stated that 
on behalf of the other members and himself, whose 
appointments were just approved, by the Commi3sion, 
he would like to thank the Commission and the Chief 
for selecting them and they would endeavor to do 
a better job for the citizens of San Francisco. 



Chief Gain then stated that Deputy Chief William 
J. Keays was retiring effective April 21, and that 
also effective this date William J. O'Brien, Depart- 
ment Secretary, retired. Also effective tomorrow, 
Captain Charles Korelec, Captain of Traffic and 
Captain Louis Feder, Director of Bureau of Criminal 
Information will also retire. 



The Commission then commended the retiring members 
for their many years of dedicated service to the 
Department and the citizens of San Francisco and wished 
them good luck in their retirements. 



Chief Gain then asked the Commission for approval in 
his removal of certain persons for those positions 
all of which are reflected in the report currently 
before the Commission. 



Commissioner Murphy made a motion on the Chief's 
request and Commissioner Gallegos seconded the 
motion . 



Commissioner Gallegos then asked the Chief if he had 
any comments on the current City Workers strike. 



The Chief stated that the men of the Department, so far 
were doing a commendable job in regard to strike activity, 
and then he called upon Captain Jeremiah Taylor to com- 
ment . 



Captain Taylor stated that the strike situation is well 
in hand and in control as a result of the officers being 
in the field. He stated that they are assigned to those 
areas where there might possibly be a need as a result 
of picketing or a possibility of danger to certain areas, 



RESOLUTION NO. 1^9-76 



LEAVES OF ABSENCE WITHOUT PAY FOR INDEFINITE PERIODS - 
APPROVED 

RESOLVED, that the requests of the following 
named members of the Department for permission to take 
Leaves of Absence Without Pay for indefinite periods, be, 
and the same are hereby approved: 



:' 



•- .192 - 



EFFECTIVE AT 0800 HOURS, WEDNESDAY, APRIL 21, 1976 

a) Clement D. DeAmlcls designated Deputy Chief 
of Police 



EFFECTIVE AT 0800 HOURS, FRIDAY, APRIL 9, 1976 

b) Robert C. Seghy designated Captain of 
Traffic 

EFFECTIVE AT 0800 HOURS, THURSDAY, APRIL 8, 1976 

c) Mortimer F. Mclnerney designated Chief of 
Inspectors 



d) George Sully, Jr., designated Department 
Secretary 



e) Mario Amoroso designated Director of Traffic 



f) Donald L. Taylor designated Supervising 
Captain . 



AYES: Commissioners Gallegos, Hall, Murphy, 
Siggins 



ABSENT: Commissioner Ciani 



RESOLUTION NO. 152-76 



APPROVING IMMEDIATE FILLING OF VACATED NON-CIVIL SERVICE 
EXEMPT POSITIONS OF ONE (l) 0400 DEPUTY CHIEF OF POLICE, 
ONE (1) 0360 CHIEF OF INSPECTORS, ONE (1) 10480 DIRECTOR 
OF TRAFFIC, ONE (1) 0470 SUPERVISING CAPTAIN, ONE (1) 
0420 DEPARTMENT SECRETARY, ONE (1) 0490 CAPTAIN OF TRAFFIC, 
AND FIVE (5) Q80 CAPTAINS OF POLICE, IN THE SAN FRANCISCO 
POLICE DEPARTMENT. 



RESOLVED, that the recommendation of the Chief 
of Police that the Police Commission adopt a resolution 
approving the immediate filling of vacancies of Non-Civil 
Service Exempt positions, and five (5) Q80 Captains of 
Police, in the San Francisco Police Department, be, and 
the same is hereby approved, as per the following: 



APPROVING IMMEDIATE FILLING OF VACATED POSITION OF DEPUTY 
CHIEF OF POLICE IN THE SAN FRANCISCO POLICE DEPARTMENT, 
EFFECTIVE APRIL 21, 1976. ____^___ 

RESOLVED, that pursuant to the provisions of , 
Section 10, Subsection 7, of the Annual Appropriation 
Ordinance, the immediate filling in the San Francisco 
Police Department of the soon to be vacated position 



193 - 



of William J. Keays, Deputy Chief of Police, at an 
annual salary of $37,728, to be vacated April 21, 1976, 
said filling of position to be effective April 21, 1976, 
as requested by the appointing officer and recommended 
by the General Manager, Personnel, and the Mayor, be, 
and it is hereby approved. 



Request Position Be 
Pilled Immediately 



As/ Charles R. Gain 
Department Head 



APPROVING IMMEDIATE FILLING OF VACATED POSITIONS OF ONE 
(1) 0360 CHIEF OF INSPECTORS, ONE (1) 0480 DIRECTOR OF 
TRAFFIC, ONE (1) 0470 SUPERVISING CAPTAIN, ONE (1) 
0420 DEPARTMENT SECRETARY, ONE (1) 0490 CAPTAIN OF 
TRAFFIC AND FIVE (5) Q80 CAPTAINS OF POLICE IN THE SAN 
FRANCISCO POLICE DEPARTMENT. 



RESOLVED, that pursuant to the provisions of 
Section 10, Subsection 7, of the Annual Appropriation 
Ordinance, the immediate filling of the following positions 
in the San Francisco Police Department requested by the 
appointing officer and recommended by the General Manager, 
Personnel, and the Mayor, be, and they are hereby approved: 

FILLING OF 
TITLE SALARY REASON DATE POSITION 



Chief of Inspectors $37,728 
Charles A. Barca 

Director of Traffic $37,728 
Edward B. Cummins :-■ 

Department Secretary $30,624 
William J. O'Brien 

Supervising Captain $30,624 
Jeremiah P. Taylor 



Captain of Traffic $27,888 
Charles D. Korelec 



Vacated January April 8, 

6, 1976 1976 

Vacated January April 8, 

6, 1976 1976 

Vacated April 7, April 8, 

1976 1976 

Returned April 7, April 8, 

to Q80 1976 1976 
Captain 

Vacated April 7, April 9, 

1976 1976 



REQUISITION 

NUMBER Q80 CAPTAIN 



SALARY 



REASON 



DATE 



4608 



Clement D. DeAmicis $25,944 Indefinite April 21, 

Leave to Accept 1976 
Position of 
Deputy Chief- 
PROMOTED 



4607 



Mario Amoroso 



$25,9^4 PROMOTED 



April 8, 
1976 



REQUISITION 

NUMBER Q80 CAPTAIN SALARY REASON DATE 



4606 George Sully, Jr. $25,944 PROMOTED April 8, 

1976 

4605 John C. Doherty $25,944 PENSIONED January 

6, 1976 

4582 John B. O'Rourke $25,944 PENSIONED March 30j 

1976 

We have been unable to immediately replace retiring sworn 
personnel until their salaries had accrued in savings to 
offset their lump sum payment, and this procedure has 
been followed. Due to the proposed reorganization it is 
our intention at the present time that the following exempt 
positions in this department not be filled, therefore sav- 
ings will accrue that will partially offset this request. 

AMOUNT 



1. Captain of Inspectors $31,524 

2. Director Bureau of Criminal Inf ormation$29 ,964 

3. Director of Personnel $29,964 

4. Property Clerk $29,328 

TOTAL savings $120,780 
TOTAL savings with Fringe $191,665 



Request Positions Be 
Filled Immediately 



/s/ Charles R. Gain 
Department Head 



AYES: Commissioners Gallegos, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Ciani 



RESOLUTION NO. 141-76 



MICHAEL STUART AND HIS ATTORNEYS 
STEVEN B. PISER, HYDE, LUCKE AND BREWER 

RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Michael 
Stuart in the sum of $500, in Municipal Court Action 
No. 717646 entitled, "Michael Stuart vs. City and 
County of San Francisco" as the result of a collision 
with a police vehicle be, and the same is hereby approved. 

Date of Accident: December 3, 1974 

AYES: Commissioners Gallegos, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Ciani 



- 195 - 



RETIREMENT 



Communication was received from the 
Retirement Board officially notifying the Police 
Commission of the retirement of Sergeant William E 
Betger, for service, effective March 12, 1976. 



The report was ordered filed 



AYES: Commissioners Gallegos, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Ciani 



RESOLUTION NO. 142-76 



LEAVE OP ABSENCE WITHOUT PAY PENDING HEARING OF 
CHARGES - APPROVED 



WHEREAS, Police Officer George A. Moissant, 
Jr., Taraval Police Station, was suspended without pay 
effective at 1840 hours, February 16, 1976, pending 
hearing of the charges before the Police Commission; 
and 



WHEREAS, Police Officer George A. Moissant, 
Jr., has requested a Leave of Absence Without Pay 
pending hearing of charges before the 'Police Com- 
mission; therefore be it 



RESOLVED, that Police Officer George A. 
Moissant, Jr., Taraval Police Station, be placed on 
Leave of Absence Without Pay at his request for a 
period of three months commencing March 16, 1976, until 
his hearing Is held before the Police Commission. 



AYES: Commissioners Gallegos, Hall, Murphy, 
Siggins 



ABSENT: 



Commissioner Ciani 



RESOLUTION NO. 14 3-76 



REQUEST TO TRANSFER ALLOTTED FUNDS 



RESOLVED, that the Controller be, and he 
is hereby requested to transfer allotted funds in the 
sum of $20,000 from Appropriation Number 5.161.959.000. 
000 (Peace Officers' Training Fund) to Appropriation 






»'■. ! 



- 196 - 



Number 5.161.959.111.000 (Peace Officers' Train- 
ing Fund - Extra Duty ) to cover pending and future 
payrolls . 



AYES: Commissioners Gallegos, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Ciani I. 



PUBLIC HEARING RELATIVE TO ADOPTING A RESOLUTION 
AMENDING RULE 2 . 5 OF THE MANUAL OF RULES OF THE 
SAN FRANCISCO POLICE DEPARTMENT. (CHIEF'S APPOINTMENTS) 
CONTINUED UNTIL SUBMISSION OF REORGANIZATION. 

Chief Gain stated ?Mr. President, members of the Com- 
mission, I would request that this be continued for a 
period of two weeks for the reason that I want to re- 
view it in regard to the Re-organization Plan. 



Commissioner Siggins called for comments from any of 
teh Police Officers Associations that happened to be 
present . 



Sergeant Gerald Crowley, President of the San Francisco 
Police Officers Association, stated that prior to any 
Rule Changes in the Department, according to provisions 
of the Memordanum of Understanding, the Police Officers 
Association and the Commission are supposed to Meet and 
Confer and that the Commission has refused to live up 
to those provisions. He stated that he was simply asking 
the Commission to designate whether they would meet with 
the Police Officers Association under provisions of the 
Memordanum of Understanding. He further stated that 
orders are being issued and changes are occurring and 
these things have to be discussed. "If we are not going 
to discuss them or not have a relationship that the Asso- 1 
elation can depend upon then lets find out. 



Chief Gain stated that he did not know of any orders 
being issued and things taking place, as far as I am 
concerned, that he is speaking to. "What has been done?" 

Sergeant Crowley: "Well, we are talking about Permanent 
Orders and the formal discussion regarding the change of 
a Rule or a working condition which should be discussed 
In a formal manner not just call people in and say this 
is the order that we are going to issue, read it and thats 
it, or pull all three groups-, in and say this is the way 
it is going to be but you can read it prior to. 

Chief Gain stated that Sergeant Crowley was talking 
about a directive that was issued where no rule change 
was involved in that directive but where there were 
procedural matters which were not subject to meet and 
confer, therefore, it was an informational meeting. 
"My purpose of course is not to debate, but rather to 
put on the record the fact that I know of no rule changes 
or anything else that has taken place that has violated 



197 - 



the meet and confer process. 



WEEKLY SICK REPORT 



Chief Gain submitted a report of members 
of the Department off duty due to sickness and 
disability for the week ending Saturday, April 3, 
1976 at 2400 hours, as follows: 

Previous Week 
Daily average for the week, sick .50 64 

Daily average for the week disabled 127 119 



TOTALS 177 183 

This is a decrease of six (6) members off duty daily 
from the previous week . 

Daily percentage for the week, sick 2.72 3.51 

Daily percentage for the week disabl ed7 .19 6 .72 

TOTALS 9.91 10.23 

Disabled at start of week 121 

Started during the week . 26 

Returned during the week 21 

Disabled at the end of week 126 

Net Gain or Loss + 5 

Sick and Disabled for Sick and Disabled for 

week ending Saturday, week ending Saturday, 

March 6, 1976 at 2400 March 29,1975 at 2400 

hours: hours: 

Daily average for Daily average for 

the week sick 63 the week siek 52 

Daily average for Daily average for 

the week disabled 102 the week disabled 69 



TOTALS 165 121 

Daily percentage Daily percentage 

for the week sick 3-^2 for the week sick 2.75 

Daily percentage Daily percentage 

for the week disable d 5.67 for the week disabl ed 3-77 

TOTALS 9.09 6.52 

The report was ordered filed. 

AYES: Commissioners Gallegos, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Ciani 






- 198 - 



SUPERIOR COURT ORDER COMMANDING THE POLICE COMMISSION 
TO SET ASIDE ITS DECISION DATED MAY 12, 1969, IN THE 
ADMINISTRATIVE PROCEEDINGS IN THE MATTER OF MICHAEL 
R. O'BRIEN, CONTINUED FROM MARCH 31, 1976 - CONTINUED 
TO APRIL 14, 1976 



Chief Gain stated that he is requesting a 
one week continuance In that matter, "I have a quantity 
of material to read before I can address the Commission 
in regard to this case." 



AYES: Commissioners Gallegos, Hall, Murphy,. 
Siggins 

ABSENT: Commissioner Ciani 



RESOLUTION NO. 144-76 



SERGEANT WILLIAM T. LOGAN, NARCOTICS BUREAU 



WHEREAS, charges of violating the Rules and 
Procedures of the San Francisco Police Department were 
filed against Sergeant William T. Logan, as follows: 



SPECIFICATION NO, 



Conviction of a felony (Violation 
of Section 2.13 of the Rules and 
Procedures of the San Francisco 
Police Department) 



by Sergeant Charles E. Hoenisch, Acting Commanding 
Officer of the Narcotics Bureau; therefore be it 



RESOLVED, that for the purpose of setting 
a hearing date on the charges filed against Sergeant 
William T. Logan, Narcotics Bureau, the Police Com- 
mission will calendar the matter on Wednesday, April 
14, 1976 at 5:30 p.m., in Room 551, Hall of Justice. 



AYES: Commissioners Gallegos, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Ciani 



RESOLUTION NO. 14 5-76 

INSPECTOR GEORGE T. POHLEY, NARCOTICS BUREAU 

WHEREAS, charges of violating the Rules and 



- 199 - 



and Procedures of the San Francisco Police Depart- 
ment were filed against Inspector George T. Pohley, 
as follows : 

SPECIFICATION NO. 1 



Conviction of a felony (Violation 
of Section 2.13 of the Rules and 
Procedures of the San Francisco 
Police Department) 



by Sergeant Charles E. Hoenisch, Acting Commanding 
Officer of. the Narcotics Bureau; therefore be it 



RESOLVED, that for the purpose of setting 
a hearing date on the charges filed against Inspector 
George R. Pohley, Narcotics Bureau, the Police Com- 
mission will calendar the matter on Wednesday, April 
14, 1976, at 5:30 p.m., in Room 551, Hall of Justice. 



AYES: Commissioners Gallegos, Hall, Murphy, 
Siggins 



ABSENT: Commissioner Ciani 



YELLOW CAB COMPANY 



Sergeant Roche of the Legal Office stated 
that the Yellow Cab Company of this city has sent 
a letter to Chief Gain requesting permission to sus- 
pend operation of their cab permits for a period of 
ninety (90) days. This request is based on hardship. 
However, he stated, their letter does not spell out 
what the hardship is other than in very general terms 
of increased cost and union difficulties. He further 
stated that he discussed it with Chief Gain today and 
he would recommend that the ninety day stay be denied 
pending a more peripheral survey as to what hardship 
Yellow Cab is under. He stated that right now it is 
not before the Commission for action but just that he 
wanted to give the Commission warning that it is coming 
up. He further stated that he would give a progress 
report to the Commission at its meeting of the 14th. 

Commissioner Siggins then mentioned a letter from a 
Mr. Bernard Shuu who is requesting four (4) Limousine 
permits. The Commissioner asked Sergeant Roche as to 
what he would suggest in regards to Mr. Shuu's request. 

Sergeant Roche stated that according to the Police 
Code, the Commission has sole discretion in the deter- 
mination as to whether Public Convenience and Necessity 
existed to the extent that current vehicles for hire 
were not adequately serving the^public. If the Com- 
mission feels that the public, is adequately being served 



- 200 - 



there is no reason to hold hearings. He stated 
that holding hearings is a very time' consuming 
process and it would probably take at least three 
years for anyone to be issued a permit, providing 
that after litigation, the Courts approved the 
decision of the Commission. 

Commissioner Gallegos then suggested that Mr. 
Shuu's letter be acknowledged to that effect. 



AYES: Commissioners Gallegos, Hall, Muprhy , 
Siggins 

ABSENT: Commissioner Ciani 



HEARING OF POLICE OFFICER DENNIS C. O'BRIEN, INGLESIDE 
POLICE STATION 



The hearing of Police Officer Dennis C. 
O'Brien, Ingleside Police Station, was called, it 
having been set for this date. Police Officer Dennis 
C. O'Brien was charged with violating the Rules and 
Procedures, as follows: 



SPECIFICATION NO. 1 



Failure to truthfully answer 
questions. (Violation of Section 
2.49 of the Rules and Procedures 
of the San Francisco Police Depart- 
ment ) 

^SPECIFICATION NO. 2 



Leaving assigned patrol area without 
permission. (Violation of Section 
9.29 of the Rules and Procedures of 
the San Francisco Police Department) 

^ SPECIFICATION NO. 3 

Failure to notify Communications of 
a vehicle stop. (Violation of Police 
Officers Manual Section P.V.A.) 

^ SPECIFICATION NO. 4 

Charged with committing a crime. 
(Violation of Section 2.13 of the 
Rules and Procedures of the San 
Francisco Police Department) 

*Deleted upon stipulation of both attorneys. 

in a properly verified complaint by Charles A. Schuler, 
Captain of Police, Commanding Officer of Ingleside 
Police Station. 

Police Officer Dennis C. O'Brien appeared in 
person and was represented by Mr. William J. Murphy, 
Attorney at Law. 



201 - 



Chief of Inspectors, Mortimer F. Mclnerney, 
appeared as the Prosecutor for the Police Department! 

The reading of the Charges was waived. 

On behalf of his client, Police Officer 
Dennis C. O'Brien, Mr. William J. Murphy entered 
a verbal plea of "not guilty" to Specification No. 1, 
Section 2.49 of the Rules and Procedures of the San 
Francisco Police Department; however, it was agreed 
upon by the Prosecuting Attorney, Chief of Inspectors 
Mortimer F. Mclnerney and the Defense Attorney, Mr. 
William J. Murphy that Specification No. 2, Section 
9.29 of the Rules and Procedures of the San Francisco 
Police Department, Specification No. 3, Violation of 
Police Officers Manual Section P.V.A., and Specifi- 
cation No. 4, Section 2.13, of the Rules and Procedures 
of the San Francisco Police Department, be dismissed. 

Opening statements were made by both the 
Prosecuting and Defense Attorneys. 

The following-named witness appeared for the 
Prosecution, was sworn and testified: 

Inspector John T. O'Shea 
Bureau of Inspectors 

The following-named witness appeared for 
the Defense, was sworn and testified: 

Police Officer Dennis C. O'Brien 
Ingleside Police Station 

The Prosecuting Attorney and the Defense 
Attorney then submitted their cases to the Commission. 

The Commission took the matter under submis- 
sion, and then recessed from 2107 hours to 2127 hours, 
after which the following resolution was adopted: 



RESOLUTION NO. 146-76 



DECISION - HEARING OF POLICE OFFICER DENNIS C. O'BRIEN 

WHEREAS, on February 23, 1976, Charles A. 
Schuler, Captain of Police, Commanding Officer of 
Ingleside Police Station, made and served charges 
against Police Officer Dennis C. O'Brien, as follows: 

SPECIFICATION NO. 1 



a) A member of this department specially 
assigned by lawful authority to conduct 
an investigation involving police matters 
questioned the accused relative to his 
whereabouts on 7 February 1976; 

b) The accused stated that at the time in 
question he was proceeding at the inter- 
section of Army and Connecticut Streets, 
where he made a "U" turn and then pro- 
ceeded west on Army Street; 

c) Witnesses to the accused's conduct at 
this time state that the accused turned 
left at the intersection of Army and 



202 - 



Connecticut Streets and proceeded 
north on Connecticut Street. 

d) Because of the above-stated conduct, 
the accused did violate Section 2.49 
of the Rules and Procedures of the 
San Francisco Police Department, which 
reads as follows: 

"Shall, when called upon by a superior 
officer, or by one specially assigned 
by lawful authority to conduct an in- 
vestigation involving police matters, 
or any matter affecting the conduct of 
a member or members, truthfully answer 

. all questions propounded. All reports, 
statements and declarations made orally, 
or in writing in the foregoing matters 
shall contain the truth without evasion." 



and 



WHEREAS, a hearing on said charges was had 
before the Police commission pursuant to Section 8.3^3 
of the Charter of the City and County of San Francisco 
on Wednesday, April 7, 1976, and that on Wednesday, 
April 7, 1976, the matter was submitted to the Police 
Commission for decision; and 

WHEREAS, the Police Commission finds that the 
said charge made and filed against Police Officer Dennis 
C. O'Brien, as contained in Specification No. 1, is 
sustained by the evidence presented at the hearing and 
that Police Officer Dennis C. O'Brien did violate Section 
2.49 of the Rules and Procedures of the San Francisco 
Police Department; therefore be it 

RESOLVED, that it is the order of the Police 
Commission that Police Officer Dennis C. O'Brien has 
violated Specification No. 1, Section 2.49, of the Rules 
and Procedures of the San Francisco Police Department, and 
for said violation he shall be suspended for a period of 
fourteen (14) calendar days without pay, commencing 
Wednesday, February 18, 1976 at 1700 hours and terminating 
on Tuesday, March 2, 1976 at 0001 hours. 

Recess taken in the hearing 
of Police Officer Dennis C. 
O'Brien: 2107 hours to 2127 
hours . 

(The entire proceedings were taken 

in shorthand form by Hearing Reporter 

Dorsey A. McTaggart, C.S.R.). 

AYES: Commissioners Gallegos, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Ciani 



. 



- 20 3 



HEARING OP POLICE OFFICER STEPHEN J. VENTERS, 
INGLESIDE POLICE STATION 



The hearing of Police Officer Stephen J. 
Venters, Ingleside Police Station, was called, it 
having been set for this date. Police Officer Stephen 
J. Venters was charged with violating the Rules and 
Procedures, as follows: 



SPECIFICATION NO. 1 



Failure to truthfully answer questions. 

(Violation of Section 2.^9 of the Rules 

and Procedures of the San Francisco 
Police Department.) 

^SPECIFICATION NO. 2 



Leaving assigned patrol area without 
permission. (Violation of Section 9.29 
of the Rules and Procedures of the San 
Francisco Police Department) 

^SPECIFICATION NO. 3 



Failure to notify Communications of a 
vehicle stop. (Violation of Police 
Officers Manual Section P.V.A.) 

^ SPECIFICATION NO. i| 

Charged with committing a crime. (Vio- 
lation of Section 2.13 of the Rules and 
Procedures of the San Francisco Police 
Department . ) 

^Deleted upon stipulation of both attorneys. 

in a properly verified complaint by Charles A. Schuler, 
Captain of Police, Commanding Officer of Ingleside 
Police Station. 

Police Officer Stephen J. VEnters appeared 
in person and was represented by Mr. William J. Murphy, 
Attorney at Law. 

Chief of Inspectors, Mortimer F. Mclnerney, 
appeared as the Prosecutor for the Police Department. 

The reading of Charges was waived. 

On behalf of his client, Police Officer Stephen 
J. Venters, Mr. William J. Murphy entered a verbal plea 
of "not guilty" to Specification No. 1, Section 2.^9, 
of the Rules and Procedures of the San Francisco Police 
Department; however, it was agreed upon by the Prosecuting 
Attorney, Chief of Inspectors Mortimer F. Mclnerney and 
the Defense Attorney, Mr. William J. Murphy that Speci- 
fication No. 2, Section 9.29 of the Rules and Procedures 
of the San Francisco Police Department, Specification No. 
3, Violation of Police Officers Manual Section P.V.A. , and 
Specification No. 4, Section 2.13 of the Rules and Pro- 
cedures of the San Francisco Police Department, be dis- 
missed. 



- 204 - 



Opening statements were made by both the 
Prosecuting and- Defense Attorneys. 

The following-named witness appeared for 
the Prosecution, was sworn and testified: 

Inspector John T. O'Shea 
Bureau of Inspectors 

The following-named witness appeared for 
the Defense, was sworn and testified: 

Police Officer Dennis C. -O'Brien 
Ingleside Police Station 

The Prosecuting Attorney and the Defense 
Attorney then submitted their cases to the Commission,. 

The Commission took the matter under sub- 
mission, and- then recessed from 2107 hours to 2127 
hours, after which the following resolution was 
adopted: 

RESOLUTION NO. 1^7-76 

DECISION - HEARING OF POLICE OFFICER STEPHEN J. VENTERS, 

WHEREAS, on February 23, 1976, Charles A 
Schuler, Captain of Police, Commanding Officer of 
Ingleside Police Station, made and served charges 
against Police Officer Stephen J. Venters, as follows: 

SPECIFICATION NO. 1 

iu 

a) A member of this department specially 
assigned by lawful authority to conduct 
an investigation involving police matters 
questioned the accused relative to his 
whereabouts on 7 February 1976; 

b) The accused stated that at the time in 
question he was proceeding at the inter- 
section of Army and Connecticut Streets, 
where he made a "U" turn and then pro- 
ceeded west on Army Street; 

c) Witnesses to the accused's conduct at 
this time state that the accused turned 
left at the Intersection of Army and 
Connecticut Streets and proceeded north 
on Connecticut Street. 

d) Because of the above-stated conduct, the 
accused did violate Section 2.^9 of the 
Rules and Procedures of the San Francisco 
Police Department, which reads as follows: 

"Shall, when called upon by a superior 
officer, or by one specially assigned * 
by lawful authority to conduct an in- 
vestigation involving police matters, 
or any matter affecting the conduct of 
a member or members, truthfully answer 
all questions propounded. All reports, 
statements and declarations made orally, 
or in writing in the foregoing matters 
shall contain the truth without evasion." 



- 205 - 



and 

WHEREAS, a hearing on said charges was had before 
the Police Commission pursuant to Section 8.3^3 of the 
Charter of the City and County of San Francisco on Wed- 
nesday, April 7, 1976, and that on Wednesday, April 7, 
1976, the matter was submitted to the Police Commission 
for decision; and 

WHEREAS, the Police Commission finds that 
the said charge made and filed against Police Officer 
Stephen J. Venters, as contained in Specification No. 1, 
is sustained by the evidence presented at the hearing and 
that Police Officer Stephen J. Venters did violate Section 
2.^9 of the Rules and Procedures of the San Francisco 
Police Department; therefore be it 

RESOLVED, that it is the order of the Police 
Commission that Police Officer Stephen J. Venters has 
violated Specification No. 1, Section 2.49j of the 
Rules and Procedures of the San Francisco Police Depart- 
ment, and for said violation he shall be suspended for 
a period of fourteen (14) calendar days without pay, 
commencing Wednesday, February 18, 1976 at 1700 hours 
and terminating on Tuesday, March 2, 1976, at 0001 
hours . 

Recess taken in the hearing of 
Police Officer Stephen J. Venters: 
2107 hours to 2127 hours. 

(The entire proceedings were taken 
in shorthand form by Hearing Reporter 
Dorsey A. McTaggart , C.S.R.) 



AYES: Commissioners Gallegos, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Ciani 



The Commission then adjourned its meeting. 



SECRETA 




- 206 



DOCUMENTS 

MAY 7 19>6 



12 APRIL 1976 



SPECIAL MEETING 



M^-y^uJU 



The,:.; Pol ice Commission of the City and 
County of^JSan Francisco met in their chambers, 
Room 551, Hall of Justice, 850 Bryant Street,' 
on Monday, April 12, 1976 at 1730 hours, in 
Special Session. 



PRESENT: Commissioner Gallegos, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Ciani 



Commissioner Siggins presiding, 



APPEAL OF SUSPENSION OF POLICE OFFICER WILLIAM J. 
KELLY 



The appe 
Officer William J. 
was called, it hav 
Officer William J. 
of Police pursuant 
of the City and Co 
3.06 of the Rules 
Police Department, 
days, effective 00 
and terminating 00 
1975. He was char 
Procedures of the 
as follows: 



al of th 


Kelly, 


ing been 


Kelly w 


to Sect 


unty of 


and Proc 


for a p 


01 hours 


01 hours 


ged with 


San Fran 



e suspension 
Northern Poli 

set for this 
as suspended 
ion 8.3^3 of 
San Francisco 
edures of the 
eriod of five 
, Monday, Dec 
, Saturday, D 

violating th 
Cisco Police 



of Police 
ce Station, 

date. Police 
by the Chief 
the Charter 
, and Rule 
San Francisco 
(5) working 
ember 15, 1975 
ec ember 20, 
e Rules and 
Department , 



RULE 2.13 

"Any breach of the peace, n 
misconduct or any conduct 
any member either within o 
state which tends to subve 
efficiency or discipline o 
or which reflects discredi 
ment or any member ■ thereof 
judical to the efficiency 
the department , though sue 
not specifically defined o 
these Rules and Procedures 
sidered unof f icerlike cond 
punishable by the Board." 

RULE 2.49 



eglect 
on the 
r witho 
rt the 
f the D 
t upon 

or tha 
and dis 
h offen 
r laid 

shall 
uct tri 



of duty, 
part of 
ut the 
good order, 
epartment 
the depart- 
t is pre- 
cipline of 
ses are 
down in 
be con- 
able and 



"Shall, when called upon by a superior 
officer, or by one specially assigned by 
lawful authority to conduct an investigation 
involving police matters, or any matter 
affecting the conduct of a member or members, 
truthfully answer all questions propounded. 



- 207 - 



All reports, statements and declara- 
tions made orally, or In writing in 
the foregoing matters shall contain 
the truth without evasion." 



Police Officer William J. Kelly appeared 
in person and was represented by Mr. Stephen Bruce 
Bley, Attorney at Law. 

Chief of Inspectors Mortimer P. Mclnerney 
acted as Prosecutor. 

Reading of the charges filed against 
Police Officer William J. Kelly was waived. 

The following-named witnesses appeared 
for the Prosecution, were sworn and testified: 

Mr. Earle Twilliver 
2563 Divisadero Street 
San Francisco, California 

Mr. Jessie Hernandez 

2372 Bryant Street 

San Francisco, California 

Police Officer Richard J. Kulstad 
Northern Police Station 

Police Officer Michael R. Morris 
Northern Police Station 

After hearing testimony of the above-named 
witnesses, the Commission recessed its hearing at 
2330 hours, and will continue its hearing in the appeal 
of the Chief's suspension of Police Officer William J. 
Kelly, to Monday, April 26, 1976, at 1730 hours, in 
Room 551j Hall of Justice. 

Recesses taken in the hearing 

of Police Officer William J. 

Kelly: 

1925 hours to 1938 hours 

2128 hours to 2330 hours. 

(The entire proceedings were 
taken in shorthand form by 
Hearing Reporter Linda Pransky, 
C.S.R. ) 

AYES: Commissioners Gallegos, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Ciani 



APPEAL OF SUSPENSION OF POLICE OFFICER DANIEL D. O'SHEA, 

NORTHERN POLICE STATION 

The appeal of the suspension of Police Officer 
Daniel D. O'Shea, Northern Police Station, was called, 



- 208 - 



it having been set for this date. Police Officer 
Daniel D. O'Shea was suspended by the Chief of 
Police pursuant to Section 8.3^3 of the Charter 
of the City and County of San Francisco, and Rule 
3.06 of the Rules and Procedures of the San Francisco 
Police Department, for a period of one (1) working 
day, effective 0001 hours, Sunday, December Ik, 1975, 
and terminating 0001 hours, Monday, Tecember 15, 1975. 
He was charged with violating the Rules and Procedures 
of the San Francisco Police Department, as follows: 

RULE 2.^9 " 

"Shall, when called upon by a superior 
officer, or by one specially assigned 
by lawful authority to conduct an investi- 
gation involving police matters, or any 
matter affecting the conduct of a member 
or members, truthfully answer all questions 
propounded. All reports, statements and 
declarations made orally, or in writing 
in the foregoing matters shall contain 
the truth without evasion." 

Police Officer Daniel D. O'Shea appeared in 
person and was represented by Mr. Stephen Bruce Bley, 
Attorney at Law. 

Chief of Inspectors, Mortimer F. Mclnerney, 
acted as Prosecutor. 

Reading of the charges filed against Police 
Officer Daniel D. O'Shea was waived. 

The following-named witnesses appeared for 
the Prosecution, were sworn and testified: 

Mr. Earle Twilliver 
2563 Divisadero Street 
San Francisco, California 

Mr. Jessie Hernandez 

2372 Bryant Street 

San Francisco, California 

Police Officer Richard J. Kulstad 
Northern Police Station 

Police Officer Michael R. Morris 
Northern Police Station 

After hearing testimony of the above-named 
witnesses, the Commission recessed its. hearing at 2330 
hours, and will continue its hearing in the appeal of 
the Chief's suspension of Police Officer Daniel D. O'Shea, 
to Monday, April 26, 1976, at 1730 hours, in Room 551, 
Hall of Justice. 

Recesses taken in the hearingof 
Police Officer Daniel D. O'Shea: 
1925 hours to 1938 hours 
2128 hours to 2330 hours 



1 



209 - 



(The entire proceedings were 
taken in shorthand form by 
Hearing Reporter Linda Pransky, 
C.S.R. ) 

AYES: Commissioners Gallegos, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Ciani 



RESOLUTION NO. 153-76 



HEARING OF POLICE OFFICER MICHAEL H. GALLAGHER, 
PARK POLICE STATION. 



WHEREAS, the hearing of Police Officer 
Michael H. Gallagher, Park Police Station, was 
called, It having been set for this date; and 



WHEREAS, at the meeting of Monday, April 
12, 1976, Mr. Stephen Bruce Bley, stated that the 
injuries sustained by Police Officer Michael H. 
Gallgher are so serious that he has been incapac- 
itated for the past several weeks; therefore be It 



RESOLVED, that the date for the hearing 
of the disciplinary charges filed against Police 
Officer Michael H. Gallgher, is set for Wednesday, 



July 21, 1976 at 6:00 p 
Justice . 



m , 



in Room 551, Hall of 



AYES: Commissioners Gallegos, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Ciani 



The Commission then adjourned its meeting. 




'10 - 



14 APRIL 197 6 REGULAR ME '/PING 

— - ^ _ iw - « j o 

^ ZHs^uJu ^PR 2 9 7Q7R 

The^olice Commission or the C ty and "' ° '~' u 
County of^San Francisco met in their cha ibers. 
Room 551, Hall of Justice, 850 Bryant St -eet, 
o n W e d 1 1 e ; > c 1 a y, April 1 '1 , 1 ' ) 7 6 a fc 1 '[ "-: h o u \s , in 
regular session. 



PRESENT: Commissioners Ciani, Gallegos, Hall, 
Murph.v , Siggins 



Commissioner Siggins :r siding 



Commissioner Gallegos : "Mr. Presicant, I would like 
to correct the minutes. In addition to the corrected 
items there may have been some mis understanding about 
the queries that I made relative to the issue of the 
item before us. At the time the request was made for 
some kind of plan on how the Commissioners would pro- 
ceed in respect to the public hearing on the matter 
of reorganization. I also wanted consideration made 
of a plan for another item, the second item dealing 
with the issue of a request before us on the proposed 
citizens complaints procedures that are before the 
San Francisco Police Commission as submitted to us 
by the San Francisco Bar Association, so that the 
minutes should reflect that my request was in addition 
to the matter of the reorganization, that a separate 
hearing should be considered for the matter of "the;.pro- 
posed citizens complaints procedures. So I would 
like to offer those amendments to the minutes as pro- 
posed . " 

Commissioner Murphy: "Mr. President, I would like to make 
clear that these minutes- should not go out to anyone until 
they have been approved by the Commission. I understand 
that they have previously been distributed before they 
have been approved by the Commission and I would rather 
they would not and I would like to make that clear." 



The members of the Commission having been 
furnished copies of the minutes of the meeting 
of April 7, 197b, reading of same was dispensed with 
and the minutes were approved after the above corrections 

AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



CHIEF'S REPORT TO THE POLICE COMMISSION 



Chief Gain: "Mr. President, members of the Commission, 
I would like to discuss iltb you tonight, four subjects 
One is the Reorganization Plan, number two is the 3ar 
Association Citizens i] Laint Procedure Proposal. I 
would like to tie tl two together and I Would like 
to ask for direcl Lon rei Comra sslor. C le , I feel 



6fci 



- 211 - 



and recommend and seek approval that the >e plans 
should be treated separately and not com ined. I 
would recommend in regard to the Reorgan zation 
Plan that we do that which has been prev ously dis- 
cussed, that is, at this time we are in he process 
in the police department of getting staf ' input and 
other than staff input as to our Rec rgan zation 
structure. And I have sought and receiv d from two 
outside sources now, reviews of the orga izati.on struc- 
ture and comments and 1 intend to confer for example' 
with the Bar Association, with persons f 'om the Uni- 
versity of California, as Commissioner M irphy has 
suggested, and I will also confer with o hers before 
I submit that plan to the Commission. 1 would recom- 
mend in regard to the Reorganization Pla that the 
Police Department do confer with the appropriate 
persons including P.O. A., and Officers f >r Justice 
and others, and then submit the plan to he Commission 
for your deliberation and for the settir ■ of the pub- 
lic hearings, an?/ that inr.pegardg tb the eorganization Plan, 
I would recommend and seek your approval that we do 
not have Community meetings in various p rts of the 
city in regards to that plan. I feel th t by submitting 
to you a written plan with supporting reasons for the 
Reorganization and disseminating copies of that plan 
within the Community to interested persons and organ- 
izations that they could input in writing to the Com- 
mission or attend the meetings here to discuss the 
plan. The reason I feel that, I do not feel that the 
Reorganization Plan will require the intensive meet- 
ings within the Community as would the Bar Association 
Plan. May I have your reaction to that?" 



Commissioner Gallegos : "Chief, but you would take into 
account the wishes or the interest of the Community which 
would want to discuss that with you.?" 



Chief Gain: "Absolutely, I have discussed the plan 
already with many individuals and will even do more 
while it is in the process of being developed." 

Commissioner Gallegos: "So you are really talking about 
two things. One is the Reorganization Structure and 
secondly, the proposed citizens complaint procedure 
which is the second issue. The primary issue is that 
any Community Group that wants to express their com- 
ments to you', i.e., the Officers for Justice, the P.O. A. 
U. C. Berkeley, the Bar Association and others. And 
taking into account all of their int erest and wishes 
on the matter with them, you will then revise your 
proposal to us, at which time we would then hear it 
at a public meeting and receive additional comments." 

Commissioner Siggins : "We take it Commissioner 
Gallegos, that a reorganization plan is something 
that is drawn up by professionals' in police work." 



Chief Gain: "So I w< uj consult wi'h such persons, 



- 212 - 



also seek Community input wh 
of development and then when 
want to submit to the Commis 
and it will be influenced by 
of course, when the Commissi 
a public hearing and there 
that within the Community an 
persons could come here and 
here so that the Commission 
from entertaining what struc 



ile its "in 

I've decid 
sion, I wi] 


the process 
d what I 
submit it 


various in 


ut and then 


on recei vc, 
would be wi 


it, we'd set 
e notice of 


d of course 


Community 


also cotitrj 
could benef 


ute input 
t by that 


ture they w 


nt to adopt." 



\ I 



Commissioner Hall: "I certainly hope w: are talking 
about reaction t;o your plan and not diff 'rent plans 
submitted by the people of the Community." 



Chief Gain: "Well, I will be submitting one plan 
and that will be my recommendation being influenced 
by whatever input I can get . And then when the 
Commission receives that plan, it will depend upon 
what the Commission wants to do by receiving other 
type plans . That would be up to the Commission of 
course at that point and time. I would be submitting 
only one plan to you." 



Mr. Marvin Rouse, with the Neighborhood Attorneys in 
the Mission District: Mr. Rouse stated that he thought 
the Commission should take the time to come out in the 
neighborhoods and hold public hearings on the Reorgan- 
ization. He further stated that unless you have di- 
rect contact with neighborhood people on the Reorgan- 
ization Plan, it would mean nothing. 



US 



Chief Gain: 
number of per 
go out and ta 
and explain i 
second one, t 
cedure, what 
Commission to 
in regards to 
in the plan t 
tion groups w 
determine mee 
munities for 
Complaint Pro 
input . I thi 
are concerned 
many meetings 
Commission in 
with your sta 
the input tha 



"If we find that there are any reasonable 
sons or organizations and they want us to 
Ik with them about the Reorganization Plan 
t, we will be happy to do so. Now, on the 
he Bar Association Citizens Complaint Pro- 
I p.e commend is that I be directed by the 

submit to you a plan for Community meetings 

that proposal, and I will identify for you 
he best I can the various Community Associa- 
ithin the City and then let the Commission 
tings it wanted to have in our various Com- 
a thorough discussion of the Citizens 
cedure so as to get meaningful Community 
ilk that this Is the proposal these gentlemen 

about." And I feel that we should have as 

as necessary within the 

this case can go to the 
ff to fully discuss the • 
t we can . " 



Community and the 
Community along 
ilan and get all 



At this time, Mr. Bill Martinez representing the Police 
Incidents Group, submitted their recommendations to the 
Commission including guidelines to be used for holding 
public hearings pn th< Citizens Complaint Procedures in 
the various neighborb ;c Is 



1 



- 213 - 



Commissioner Gallegos: "Chief, this details a number 
of items relative to how we might proceed on the hear- 
ings in terms of a timetable and sooi. I would ask 
that this be reviewed by you and alar- by Sergeant 
Frazier to see what can be done to. "embellish on this 
and bring it before the Commission. /ill one week 
be enough?" 

Chief Gain: "May I ask for two weeks?" 

Commissioner Gallegos: "Two weeks." 



Commissioner Ciani : "May I ask a question about the 
third page of this proposal which indicates staffing 
needs and provides for some items that would be quite 
costly? We don't really have any budget to cover 
this." 



Chief Gain: "We don't have a budget, no, we would 
have to use our own staff for these purposes for I 
see no way we could get budgeted for it." 



Commissioner Gallegos: "I think that, and I am sure 
that you will agree Chief, that these are real items 
and we ought to not dismiss them at this time, but if 
we could at least, on a preliminary consideration this 
week, discuss with the Commission some views and then 
in two weeks adopt a final timetable or process for 
moving ahead on this because it requires some supple- 
ment to the existing staff to do this effectively, and the 
other problem is that if you say we are going to have to 
do it with the existing departmental people, the Com- 
munity people may feel that this is not acceptable and 
not effective enough, so', what I would like to do is have 
you evaluate these plans that have been presented and any 
other plans before us. Sergeant Crowley should have a 
copy of this plan also. So I think that in order to 
completely understand, say, next week we will be dis- 
cussing a preliminary view of whats possible and not 
possible and then in two weeks we would adopt a final " 
plan for dates for hearings and procedures and processes. 



Chief Gain: "I would like to mention one other thing in 
connection with the Bar Association Citizens Complaints 
Procedure, what I would like to do if the Commission 
has no objection, is to compare our present Internal 
Affairs Bureau Procedures with the Bar Association's 
Proposals and see what differences there are and I will, 
in fact, revise the Internal Affairs Procedures so as to 
incorporate what my staff feels would be appropriate 
things to incorporate. The -reason I would like to do 
that is to determine what the essential differences 
are between our present process and the proposed pro- 
cess. Some are obvj m - , but I think we ought to get 
that clarification so that when it comes to public meet- 
ings, it will manife: /hat the differences are. 



- 214 - 



Chief Gain then stated that he had two m 
to discuss: "Orte is in regard to strike 
that has been going on for a number of cl 
we have a great many police officers dev 
various activity related to the strike a 
to comment that the officers have conduc 
selves in an exemplary manner throughout 
strike activity. It is q_uite an arduous 
fact, for a police officer to be assigne 
where picketing is going on because the 
attending various activities and they ar 
excellent job. Lastly, by way of report 
to you a letter requesting, based upon t 
and with your approval, the Transfer of 
Devine from the Personnel Bureau to the 
Chief of Police as Special Assistant to 
Police in connection with our program on 
Abuse. I feel that this action is neces 
of the nature and confidentiality of the 
regard to Department members who are on 
the Police Commission for Alcohol Abuse, 
essential as we recognize to do all we c 
who have problems in regard to Alcohol A 
the confidentiality of our program be ma 
I do now seek your approval for that org 
change and Officer Devine will be an int 
my office." 



>re things 
activity 
lys, and 
.ited to the 
id I wanted 
;ed them- 
all of the 
task, in 
I to areas 
•e is anxiety 
- doing an 
Lng, I submitted 
ie City Charter 
jfficer John 
)ffice of the 
;he Chief of 
Alcoholic 
-.ary because 
reports in 
probation to 
It is very 
in for officers 
>use and that 
Lntained. Hence, 
mizational 
?gral part of 



fT*^ 



Us.«J 



RESOLUTION NO. 160-76 



TITLE OP SPECIAL ASSISTANT TO THE DIRECTOR OF PERSONNEL 
CHANGED TO SPECIAL ASSISTANT TO THE CHIEF OP POLICE. 






WHEREAS, subject to the provj 
3.501 of the Charter of the City and Co 
Francisco, Chief of Police Charles R. G 
following appointment in' the San Franci 
ment ; said position being authorized by 
of the Charter: 



•.ions of Section 

.mty of San 

tin made the 
co Police Depart- 
Section 3.533 



EFFECTIVE AT 0800 HOURS, MONDAY, APRIL ] 2 , 1976 



Police Officer John F. Devine 
therefore be it 



Special Assistant 

to t he Chief of Police 



RESOLVED, that said appointmei t vacates and 
abolishes the position of Special Assisl ant to the 
Director of Personnel formerly held by ! olice Officer 
John F. Devine. 



AYES: Commissioners Cianl, Gallegos, Hall, 
Murphy, Si g j ; i n s 



215 - 



MEET AND CONFER PURSUANT TO MILIAS-MEYERS-BROWN ACT 



The subject of meet and confer sessions with the 
various police officers 'associations was discussed at 
this time. The~Commissi6n~noted that to meet and confer 
with a quorum of the Police Commission in private sess- 
ions as requested by the San Francisco Po"! ice Officers' 
Association, would be a violation of the I illas-Meyers- 
Brown Act. Commissioner Siggins then appointed .Com- 
missioners Judith E. Ciani and Herman E. f'allegos, 
to represent the Police Commission in meel ing with the 
various associations. Sergeant Crowley, President of 
the Police Officers' Association present at this time, 
agreed with this selection and it was decided that 
meetings would be scheduled to commence in the immediate 
future . 



RECOMMENDATIONS OF THE TRAFFIC BUREAU - APPROVED 



RESOLVED, that the recommendations of the 
Traffic Bureau on the installation of zoning for 
the regulation of traffic on the public streets, 
be, and the same are hereby approved: 

207 FILBERT STREET - KING ANTIQUE SHOP 



a) At approximately 207 Filbert Street, 
install a 32' yellow zone, to extend 
from 10' - 42' west of Sansome Street 



2899 ARMY STREET - ELECTROMATIC DOOR CO. 



a) At 2899 Army Street,, install a 32' 
yellow zone, to extend from 10'- 
42' east of Precita Avenue. 



2222 PALOU AVENUE - ROYAL SALON DISTRIBUTORS 



a) At 2222 Palou Avenue, install a 22' 
green zone, to extend south of the 
north property line. 



1469 PACIFIC AVENUE - JUST DESSERTS BAKERY 



a) ■ At 1469 Pacific Avenue, install a 

a 32' green zone, to extend from 22' - 
54' west of east property line. 



425 MONTEREY BOULEVARD - CALIFORNIA HOME REPAIR, INC 



a) At 425 Monterey BotilSvard, instal] a 22' 
yellow zone, to ■->;!. .:. in from C> ' - 28' west 



of east proper'. 



- 216 - 



1.870 SACRAMENTO STREET - VAN NESS OLDSMOBILE 



a) At approximately 1870 Sacramento Street, 
install a 26' yellow zone, to extend from 
70' - 96' east of Van Ness Avenue. 



AYES: Commissioners C'iani, Gallegos, Hall, 
Murphy, Siggins 



REVOKED 



RESOLVED, that the recommendations of 
the Traffic Bureau on the revocati< n of 27^ feet 
of yellow zones at various parts of the City at 
the locations submitted, be, and the same are 
hereby approved. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 15^-76 



JACK CARLI 



RESOLVED, that the recommendation of the 
City Attorney for settlement of th< claim of Jack 
Carli against the City and County of San Francisco 
in the sum of $80. 60 as the result of a collision 
with a police vehicle, be, and the same is hereby 
approved. 



Date of Accident: November 22, 1975 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 155-76 



ARDESSA MARSHALL 



RESOLVED, that the re comment 
City Attorney for settlement of the 0. 
Marshall against the City and County ■ 
in the sum of $16.3,95 as the result oi 
with a police vehicle be, and the saiw 



Date of Accident 



1*1 , 1975 



ation of the 
aim of Ardessa 
f San Francisco 
' a collision ,. 
is hereby approved 



AYES: Commi;: 
Murphy 



40 s, Hall, 



- 217 - 



RESOLUTION NO. 156-7 6 



ROBERT WILLIAM MUSANTE 



RESOLVED, that the recoranendation of the 
City Attorney for settlement of the claim of Robert 
William Musante against the City arid County of San 
Francisco in the sum of $68.00 as the result of 
property damage, be, and the same is hereby.^ approved 

Date of Incident: August 19, 1975 



AYES: Commissioners Ciani, 
Murphy, Siggins 



CallegbSj Hall, 



RESOLUTION NO. 157-76 



DARLENE RAMIREZ 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Darlene 
Ramirez against the City and County of San Francisco 
in the sum of $184.38 as the result of a collision 
with a police vehicle, be, and the same is hereby 
approved. 



Date of Accident: January 9, 1976 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 159-76 



SAM MARTHA AND HIS ATTORNEY 
JOHN GARDENAL 



RESOLVED, that the 
City Attorney for settlement 
Martha in the sum of $500.00 
Action No. 701-40'), entitled 
and County of San Francisco, 
of a collision with a police vehicl 
same is hereby approved. 



recommendation of the 
of the claim of Sam 
in Municipal Court 
"Sam Martha v. City 
et al . , " as the result 



be , and t 



•ie 



Date of Accident: 



September 28, 19 13 



A YES : C ommi s s 1 on e r s C i an i , G a L 1 e go s , Hal 1 , 



Murphy, Siggins 



- 218 - 



TRANSFER OF JITNEY BUS PERMIT - APPROVED 



The matter of the transfer of the right to 
operate a jitney bus by the following-named person 
was called, it having been advert!: ed in the official 
newspaper in accordance with the provisions of ordinance 
applying thereto. The transferor and transferee appeared 
in person and were not represented by counsel. The 
Commission approved the transfer of whatever right, 
title or interest that the within-named transferor 
might have to operate a jitney bur, to the within-named 
transferee; said approval contingent upon the transferee 
filing with the Police Commission 1 he appropriate bond 
and/or insurance policy as provided by the Police Code: 



TRANSFEROR TRANSFEREE NO. OF PERMIT S 

Ferdinand Gomez Gilbert A. Delpasen 1 

59 Rondell Place 58 Rondell Place 

San Francisco, California San Francisco, California 

Route: Mission Street - Ferry to Sickles Avenue 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 150-76 



SUPPLEMENTAL BUDGET FOR FISCAL YEAR 1967/77 
SAN FRANCISCO POLICE DEPARTMENT 



RESOLVED, that the Supplemental Budget of 
the San Francisco Police Department for the Fiscal 
Year 1976/77, as submitted by Chief of Police Charles 
R. Gain, in the following amount be, and the same is 
hereby approved: 

Supplemental Budget Reduction - $275,845 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 151-76 






SUPPLEMENTAL BUDGET FO R FISCAL YEAR 1976/77 - 

SAN FRANCISCO POLICE DEPA RTMENT ^ 

RESOLVED, that the Supplemental Budget of 
the San Francisco Police ! < >artment for the Fiscal Year 
1976/77, as submitted '■■' ' iof of Police Charles R. Gain, 
in the following ampurVu 1 '. md the same is hereby ap- 
proved : 



- 219 - 



lupplemental Budget Reduction - $110,708 



AYES: Commissioners Cian:i , GaLlegos, Hall, 
Murphy, Siggins 



POLICE COMMISSION DISCUSSION RE PROCEDURE TO BE USED 
IN THE SELECTION OP A LABOR ATTORNEY AND A LABOR NEGO- 
TIATOR TO HANDLE POLICE COMMISSION MATTERS RELATIVE 
TO NEGOTIATING WITH VARIOUS POLICE OFFICERS' ASSOCIA- 
TIONS. - CONTINUED TO APRIL 21, 197(3 BY PRESIDENT 
SIGGINS BECAUSE IT IS CONSIDERED TO BE ADMINISTRATIVE 
IN NATURE AND' WOULD BE DISCUSSED INDIVIDUALLY WITH 
FELLOW. COMMISSIONERS. 



RESOLUTION NO. 161-76 



POLICE OFFICER GREGORY J. CLONEY, CENTRAL POLICE 
STATION. 



WHEREAS, charges of violating the Rules 
and Procedures of the San Francisco Police Department 
were filed against Police Officer Gregory J. Cloney, 
Central Police Station, as follows: 



SPECIFICATION NO 



Conduct which reflects discredit 
upon the Police Department (Violation 
of Section 2.13 of the Rules and Pro- 
ceudres of the San Francisco Police 
Department ) 



by James M. Curran, Captain of Police, Commanding 
Officer of Central Police Station; therefore be it 



RESOLVED, that the hearing before the Police 
Commission on charges filed against Police Officer 
Gregory J. Cloney, Central Police Station, be, and the 
same is hereby set for Wednesday, April ;)8, 1976 at 
^3:30 p.m., 



AYES: Commissioners Clani, Gallegos, Hall, 
Murphy , S iggin s 



RESOLUTION NO. 162-76 



POLICE OFFICER L0U.TS /' GOMEZ, CITY PRISON 



WHEREAS. • f viol Ltig the Rules and 



- 220 - 



Procedures of the San Francisco Police Deoartment 
were filed against Police Officer Louis G:>mez, 
City Prison, as follows: 



SPECIFICATION NO. 1 



Breach of the Peace (Violation 
of Section 2.13 of the Rules an 1 
Procedures of the San Francis ;o 
Police Department) 

by J. William Conroy, Captain of Police, Commanding 
Officer of the City Prison; therefore be It 



RESOLVED, that the hearing before the 
Police Commission on charges filed against Police 
Officer Louis A. Gomez, City Prison, be, and the 
same is hereby set for Wednesday, April 2<">, 1976 
at 5:30 p.m., in Room 551, Hall of Justice?. 



AYES: Commissioners Ciani, Gallegos , Hall, 
Murphy, Siggins 



RESOLUTION NO. 163-76 



DATE TO BE SET FOR HEARING OF SERGEANT WILLIAM T. 
LOGAN, NARCOTICS BUREAU, CONTINED OFF-CALENDAR 



WHEREAS, the date to be set for the disciplinary 
hearing of Sergeant William T. Logan, Narcotics Bureau, was 
called: and 



WHEREAS, Mr. William Murphy, attorney for 
Sergeant William T. Logan, appeared before the Police 
Commission and advised that Section 17 of the California 
Penal Code, states that a conviction of a public offense 
which may be punishable by imprisonment in the State 
Prison, and deemed a felony, may not be s > deemed until 
after sentence is imposed by the Magistrate in said 
rase; and 



WHEREAS, Sergeant William T. Logan has been 
found guilty in Federal Court of two crimes deemed 
to be felonies, but Las not yet been sentenced; and 



WHEREAS, the basis of the Police Department's 
charges rested upon his being convicted of a felony, but 
because of his not being sentenced, that allegation is 
negated; therefore be it 



\ | 

Urn 



RESOLVED, that because of the above-stated 
circumstances, the date for the setting of the disciplinary 
hearing before the Police Commission for Sergeant William 



221 - 



T. Logan, Narcotics Bureau, be, and the name is 
hereby continued off calendar. 



AYES: Commissioner:; Ciani, Gsllego , Hall, 
Murphy, Siggins 



RESOLUTION NO. 164-76 



DATE TO BE SET FOR HEARING OF INSPECTOR ( 
NARCOTICS BUREAU, CONTINUED OFF CALENDAR 



IORGE T. POHLEY, 



WHEREAS, the date to be set fo] the disciplinary 



hearing of Inspector George T, 
was called; and 



Pohley, N; rcotics Bureau, 



WHEREAS, Mr. William Murphy, ai torney for 
Inspector George T. Pohley, appeared befc re the Police 
Commission and advised that Section 17, cf the California 
Penal Code, states that a conviction of r public offense 
which may be punishable by imprisonment :' n the State 
Prison, and deemed a felony, may not be : o deemed until 
a'fter sentence is imposed by the Magistrate in said case; 
and 



WHEREAS, Inspector George T. Pohley has been 
found guilty in Federal Court of two crimes deemed to 
be felonies, but has not yet been sentenced; and 

WHEREAS, the basis of the Police Department's 
charges rested upon his being convicted of a felony, 
but because of his not being sentenced that allegation 
is negated; therefore be' It 



RESOLVED, that because of the above-stated 
circumstances, the date for the setting of the disciplin- 
ary hearing before the Police Commission for Inspector 
George T. Pohley, Narcotics Bureau, be, and the same 
is hereby continued off-calendar. 



AYES: Commissioners Ciani, Gallego: , Hall, 
Murphy, Siggins 



WEEKLY SICK REPORT 



Chief Gain submitted a report of member;' of 
the Department off duty due to sickness ; rid disability 
for the week ending Saturday, Apri] 10, .176 at 2400 
hours, as follows: 

Previous Week 
Daily average for the week sick 48 50 



Daily average for the week disabled 130 

TOTALS 17 1 : 



127 



177 



- 222 - 



This is an increase of one (1) member off duty daily from 
the previous week. 

Previous Week 
Daily percentage for the week, sick 2.56 2.72 

Daily percentage for the week disabled 7.34 7.19 



TOTALS 9.90 9.91 



Disabled at start of week 131 

Started during the week 2 4 

Returned during the week 26 

Disabled at the end of week 129 

Net Gain or Los.- -2 



Sick and disabled Sick and disabled 

for week ending for week ending 

Saturday, March 13, Saturday, April 5, 

1976 at 2400 hours: 1975 at 2400 hours: 

Daily average for Daily average for 

the week sick 70 the wee' sick 55 

Daily average for Daily average for 

the week .disabled 99 the wee: disabled 67 



TOTALS 169 122 

Daily percentage Daily percentage 

for the week sick 3-74 for the week sick 2.91 

Daily percentage for Daily percentage for 

the week disabled 5.49 the week disabled 3.69 



TOTALS 9.23 6.60 

The report was ordered filed. 



AYES: Commissioners Ciani, Gallegos , Hall, 
Murphy, Siggins 



SUPERIOR COURT ORDER COMMANDING THE POLICE COMMISSION 
TO SET ASIDE ITS DECISION DATED MAY 12, 1969, IN THE 
ADMINISTRATIVE PROCEEDINGS IN THE MATTER OF MICHAEL 
R. O'BRIEN, CONTINUED PROM APRIL 7, 1976 - CONTINUED 
TO APRIL 14th, 1976 FOR THE PURPOSE OF ALLOWING COMMISS- 
IONER SIGGINS TO READ THE TRANSCRIP' L 1 IN THE ] 969 " HEARING . 

-AYES: Commissioners Gallegos Hall, Murphy, 



Prior to the calling of this item, Commissioner 
Ciani requested to be excused and did not vote 
upon, this item. 









- 223 - 



MESSRS. J. WM. ROBERTS AND THOMAS L. SCHULTEN APPEARED 
BEFORE THE POLICE COMMISSION AND ATTEMPTED TO SHOW 
THEY WOULD BE ABLE TO PROVIDE BETTER SERVICE TO THE 
PUBLIC THAN IS CURRENTLY BEING PROVIDED BY VEHICLES 
FOR HIRE; NAMELY TAXICABS. THE POLICE COMMISSION 
THEN THANKED THEM FOR THEIR PRESENTATION. 



The Commission then adjourned its meeting. 




- 224 - 



DQCUMENU 
MAY 6 J 1975; 



21 APRIL 1976 



& 



H-uu-d-te 



REGULAR MEETING 



The^Police Commission of the City and 
County of J&an Francisco met in their chambers. , 
Room 551, Hall of Justice, 850 Bryant Street , on 
Wednesday, April 21, 1976, at 1730 hours, in 
regular session. 



PRESENT: Commissioners Ciani, Galle 
Murphy, Siggins 



[all, 



Commissioner Siggins presiding. 



The members of the Commission, having 
been furnished copies of the minutes of the meet- 
ing of April 14, 1976, reading of same was dispensed 
with and the minutes were approved. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



CHIEF'S REPORT TO THE POLICE COMMISSION 



Chief Gain: "Mr. President, members of the Commission, 
I have two items to report on tonight . I will have 
staff members report on each. One, at your pleasure, 
is a review of the budget, where we are at this time, 
in the process and Captain Sully will speak to that." 



*.'„. "1 



Captain Sully: 
as you know we 
77 million, thr 
three dollars, 
year's budget, 
year's budget d 
aries of the 13 
only eight and 
had been includ 
would have only 
7%. The Mayor 
687,594 .00, whi 
in these cuts w 
105 positions b 
ment agreed wit 
classification 
total of 118 po 
though, the May 
the current bud 
the number of s 
duty by the She 
will be an incr 
for patrol duty 
a net loss of .2 
further cuts ar 
it will not be 



"Mr. President, membe 
submitted a budget in 
ee hundred thousand, f 
which was an increase 

I want you to take in 
id not include the tot 
.05% increase for the 
one-half months. Ther 
ed in it and the budge 

been up 1.8% rather t 
did cut the budget in 
ch was a reduction of 
ere, by the Mayor, a r 
e reduced in the Depar 
h Supplemental re-appr 
of personnel for anoth 
sitions. On the other 
or did approve 37 civi 
get, and when this fig 
worn and non-sworn per 
riff's take-over of CI 
ease of 91 sworn perse 
This adjustment wil 
7 persons only in pati 
e made by the Board oJ' 
necessary to terminate 



rs of the Commission, 
i he total amount of 
ur hundred and twenty 
of 7% over the last 
to account that last 
al amount of sal- 
total year. It was 
fore, if an add 

resubmitted, Id 
an a little over 
he amount of $3, 
.77%. Included 
commendation that 
ment and the Depart- 
priations of re- 
er 14 which made a 
side of the ledger 
l.ian positions in 
are is added to 
sonnel freed for , 
ty Prison, there 
nnel available 
1 then result in 
ol duty . If no 
Supervisors, then 
any employments 



- 225 - 



in the Police Department if the adjustments are made 
among the several ranks. Counting all the guaranteed 
vacancies we have now by May 11, 1976, and if no other 
separations occur before July 1, 1976, there will be 
17 more police officers and nine more ' Assistant Inspectors 
than we have position.- for when the new fiscal year begins. 
What may occur though is that there w:i.] I be separations 
in the ranks of police officer between now and June 30, 
1976, which will be sufficient to meet the number of police 
officer positions cut by the Mayor and no separation in the 
ranks of Assistant Inspector arc anticipated. To avoid 
the termination of nine persons now holding the rank of 
Assistant Inspector, it will be necessary to promote 
nine Assistant Inspectors to the current compliment of ■ 
the rank of Inspector and therefore those person;; who 
are holding the rank of police officer, it will be 
necessary to promote 17 of those to the current compli- * 
ment of the rank of Sergeant and then trade positions 
for the first 17 who are appointed to the rank of Ser- 
geant and therefore not wind up with any reduction. 
We have them broken down here for the Commission and 
we think that we can get by at the present time with 
121 . current vacancies. The Board of Supervisor's 
Analyst recommendation to the Board of Supervisors is 
that another $503,798.00 dollars be reduced from the 
Budget the Mayor submitted. They are in arbitration 
with that at the present time and I think that we can 
justify the terrific reductions that have already been 
made in the Budget and we will meet with the Budget 
Analyst either tomorrow or Friday and I will report 
back to you later on that. One of .the major amounts, 
that they cut was in our automotive equipment account 
and they asked for a cut of $202,239.00. This year 
we were allocated, after all of the cuts were in, 
$430,000.00 for equipment so far and up to the present 
time, they have released $9,000 for pic radio batteries 
and through the Chief's insistence, they have released 
20 police vehicles and that is all that we have gotten 
out of this budget. So, we will be talking with the 
Budget Managers of the Board of Supervisors and asking 
them to re-introduce the item because we are on a bare 
bones budget the way it is now." 



Commissioner Gallegos : "How do we stand on the matter 
of repair and maintenance of equipment?" 



Captain Sully: "We are not in good shape by an; means 
at the present time." 



Chief Gain: "The next subject of report Mr. President, 
to the Commission is on giving interested persons notice 
when a new traffic zone is going in, yellow zone, white 
zone, and the Commission asked for a report on this. We 
have before you a proposal, tha& is going to net d further 
work, but Captain Bob Seghy is here to speak to what he 

has in mind with this new proposal and to respond to any 

questions from the Commission." 

Captain Seghy: "Commissioners, the proposal basically 



226 - 



provides a record for receipt of applications for a 
special traffic parking zone and describe:: a procedure 
whereby we will post a notice to the public. On the 
second page you will find that I have had a rough 
draft subject to any amendment by the Commission for 
the Public Notice and our understanding is that the 
notice will be posted within LOO feet of the area of 
the desired special curb zone more preferably in gen- 
eral it will be located at the business that is re- 
questing the zone. There will be a procedure establish- 
ed in the Traffic Bureau whereby we will receive any 
information on such public interest included in the 
report to the Commission and I might say that in item 
5 as I wrote this, I wasn't aware at that time that 
the Commission had ordered the Traffic Bureau not to 
have a representative present., so I request that you 
amend that procedure whereby we would call to the 
Secretary of the Police Commission , our findings be-' 
fore this Commission rather than sending a Sergeant 
to represent us." 



Commissioner Murphy: "Will you continue to have some- 
one from your Department visiting in the neighborhood 
too as they have in the past?" 



Captain Seghy: "Each location would be investigated . 
That would include any interested party in case of 
businesses as well as the applicants." 



Commissioner Ciani: "One of the things that concerns 
me as much as the institution of the new zones is the 
procedure for changing the existing" zones.. : What~my •""•'• 
concern.: really is, is that the public be made aware 
in sbme way of the fact-; that a "business zone canbt "~ c 
changed by raising an objection;:.; Row" is 'that 'haniSleQ: 
currently? 74 '■ 



Captain Seghy: "Notice for' the existing "zones could be 
handled in the same manner. Most revocations, by my 
understanding, is simply abating the business persons 
utilizing that location or change the type of business 
no longer requiring or necessitating investigating a 
second time or the business becomes stagnant and they 
move . " 



The question of persons placing "No Parking" signs 
in front of their business establishments arose and 
Chief Gain stated that an investigation would be made 
of this and submitted to the Commission in one week. 



Commissioner Ciani stated that she had heard that ., 

the Department of Public Works in 1966, conducted 

a study on the various zones in business areas in the 

City and she further stated that she would like to 

know the results of that study and if there is any 

current validity attached to it. 



LJ 



- 227 



Captain Seghy stated that he would update his report 
to include those items of which the -Commission is 
questioning and submit it prior to next week's meeting, 



Chief Gain then stated that that concluded his report 
to the Commission. 



THE CLAIM AGAINST THE CITY AND COUNTS OF SAN FRANCISCO 
MADE BY WILLIAM ROBINSON JR., IN THE SUM OF $20,000.00 
WAS CONTINUED TO APRIL 28, 1976. 



RESOLUTION NO. 158-76 



BERNARD & FRANCINE JOHNSON 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Bernard 
and Francine Johnson in the sum of $272.90 against 
the City and County of San Francisco as the result 
of a collision with a police vehicle, be, and the 
same is hereby approved. 



Date of Accident: September 27, 1975 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RETIREMENTS 



Communications were received from the 
REtirement Board officially notifying the Police 
Commission of the retirement of the following- 
named members of the Police Department : 



a) Captain John C. Dnherty, Park Police Station, 
for service, effective March 31 3 1976. 



b) Lieutenant James W. McGowan, Taraval Police 
Station, for service, effective March 15, 
' 1976. 



c) Inspector Ralph V. Brown, Bureau of Inspectors, 
for service, effective March 17, 1976. 



d) Inspector Frank G. Gibeau, Bureau of Inspectors 
for service, effective Apri 1 14, 1976. 



- 228 - 



e) Inspector Edward J. McKevitt, Bureau of 

Inspectors, for service, effective April 14, 1 
1976. 



f) Inspector Thomas M. Walsh, Bureau of Inspectors 
for service, effective April 1.6, 19Yu. 



g) Sergeant Robert P. Welch, Bureau of Inspectors, 
for service, effective March 17, 1976. 



h) Sergeant James P. Pigott, Park Police Station, 
for service, effective April 8, 1976. 



i) Police Officer John A. Russell, Park Police 
Station, for service, effective April 14, 
1976. 



j) Police Officer Joseph Broggi , Mission Police 
Station, for service, effective March 17, 
1976. 



k) Police Officer Ralph V. Calhoun, Taraval 

Police Station, for service, effective March 
31, 1976. 



1) Police Officer Martin F. Moser, Traffic 
Bureau, for service, effective April 14, 
1976. 



m) Sergeant Hugh R. O'Connor, Taraval Police 
Station, for service, effective March 31, 
1976. 



n) Telephone Operator Charles L. Deming, Bureau 

of Communications, for service, effective March 
21, 1976. 



The reports were ordered filed 



AYES: Commissioners Ciani, Gall egos, Hall, 
Murphy, Siggins 



PUBLIC HEARING RELATIVE TO ADOPTING A RESOLUTION jk| 

AMENDING SECTION 1.65.10 OF THE MANU L OF GENERAL 
PROCEDURES. (SECONDARY EMPLOYMENT )-rCi ITINUED TO | J 

APRIL 28, 1976. 

Chief Gain asked that this Item be put over 



- 229 



to April 28, 1976 so that he could get a better 
definition of'Conflict of Interest" 'as it applies 
to one who is on light duty and perhaps engaged in 
secondary employment . 



POLICE COMMISSION DISCUSSION RELATIVE TO POSSIBLE 
ADOPTION OF PROPOSED RULES GOVERNING POLICE COM- 
MISSION PUBLIC HEARINGS. 



Commissioner Gallegos explained to the 
audience that the rules the Commission is contem- 
plating adopting are procedural for the Commission 
when holding public hearings. He then stated that 
the matter will be Noticed for a Public Hearing and 
that the proposals, as outlined, would be available 
prior to next week's Public Hearing In the Police 
Commission Office, Room 505, Hall of Justice. 



Commissioner Gallegos then briefly read 
some of the provisions and stated that he would 
certainly be interested in receiving any comments 
on said proposal. 



SUPERIOR COURT ORDER COMMANDING THE PC LICE COMMISSION 
TO SET ASIDE ITS DECISION DATED MAY 12, 1969, IN THE 
ADMINISTRATIVE PROCEEDINGS IN THE MAT'i ER OF MICHAEL R. 
O'BRIEN, CONTINUED FROM APRIL 14, 197( . _ 



Commissioner Siggins: "What happened in 
this matter, is. there is an order f re in the Superior 
Court and it is a question of whether the order is 
going to be appealed or what procedure is going to 
be taken. It is a possibility that we will have an- 
other hearing." He then suggested that the matter 
be continued to April 28, 1976. 



POLICE COMMISSION DISCUSSION REGARDING PLANS TO BE 
CONSIDERED FOR HOLDING PUBLIC HEARINGS ON THE BAR 
ASSOCIATION'S CITIZEN COMPLAINTS PROCEDURES. 



Chief Gain: "If I may Mr. President j as 
I recall the instructions from the Commission, our 
plan is due to be submitted to you nex ; week and 
this week was to be a status report. 'eputy Chief 
Clement DeAmicis has the responsibill t - of putting 
together a plan and lie has met with Community Groups 
With your approval, I will have him re >ort on where 
we are today." 



Deputy Chief DeAmicis: "Mr. President, 
Members of the Commission, this will bo a very short 
status report regarding the hearings on Citizens 
Complaint Procedures. Generally speak 'ng, we are 
talking about six locations in San Francisco i One 



- 230 - 



here at the Hall of Justice and five in the Districts. 
We borrowed this plan from the San Francisco Public 
School Plan. Whenever they move out into the Districts 
to take testimony, they select five ichools that are 
centers of population within the District. The recom- 
mendation is that we have an afternoon, Saturday hear- 
ing at the Hall and then five evening meetings in the 
District. One meeting per week. This would give us 
a tentative start about 8 May of tli ! i year and then 
by lb June your findings and recomrn- idations could be 
made from that time to the end of Ji Ly . Again the 
sites are all public schools. We a: ■■ • having some 
problems because some of the school - are being earth- 
quake proofed at this time. We would be interested 
in taking testimony, both oral and written, and we 
have taping facilities available for the hearings. 
There have been some groups that have talked with 
me about it. The Police incidents Gr^up for one and 
the District Council of Merchants, Citizens for Justice 
and the various Community Relations Groups will also 
be asked for their input. We will give advance notice 
by radio, television, and newspaper nnd I shall have 
the complete report for you by the next meeting." 



HEARING TO DETERMINE IF PACIFIC PUBLIC CARRIERS C0- 
OPERATIV E, INC., ARE VALID INSURANCE CARRIERS FOR 
SAN FRANCISCO PUBLIC VEHICLES FOR HIRE. 



Mr. Sidney Weinstock, Insurance Attorney 
and Mr. Maury Frohman, appeared on behalf of Pacific 
Public Carriers Co-op. 

Officer Jerome DeFilipo, Police Department 
Legal Officer, in giving some background to the Com- 
mission on this item stated: "Mr. President, Members 
of the Commission, basically what happened is that the 
Department was notified by the State Department of 
Insurance that the Cooperative Corporation involved 
here is not authorized by the State of California to 
act as an Insurance Company. The Cooperation was 
apparently acting as a Broker for the excess insurance, 
that is the individual cab drivers within the City and 
County of San Francisco have formed a collective and 
pay a sum of money each month to this Cooperation. 
They then pruchased an excess policy of insurance from 
a valid insurance company, one that is registered in 
the State of California. There is approximately 127 
cabs and 60 jitneys involved in this Cooperation. 

Mr. Weinstock stated that he believer, he would 
be able to arrange for the Co-op, insurance that would 
not be questioned at all. He then requested that the 
matter be put over to allow him time to work it out. 



Officer DeFilipo then asked the Commission 
to require the Pacific Carriers Co-op to provide the 
Department with a copy of the daily or weekly accident 
report so as to provide some type of a monitor of the 
potential depletion of any assets of the Cooperation. 



.' ■'•» 






- 231 - 



Commissioner Siggins stated that it 
should be done on a Claims-made basis . Any claim 
in the amount of $5,000 should be included in those 
daily reports. 



Officer DeFilipo suggested that all 
permit holders insured by Pacific Put lie Carriers 
Co-operative be notified by mail of the Co-op'.; 
problem . 



1976. 



The matter was then continued to May 19, 



WEEKLY SICK REPORT 



Chief Gain submitted a report of members 
of the Department off duty due to sickness and dis- 
ability for the week ending Saturday, April 17 3 1976 
at 2*100 hours, as follows: 



PREVIOUS WEEK 
36 48 



Daily average for the week sick 
Daily average for the week disabled 128 130 

164 



TOTALS 



178 



This is a decrease of fourteen (14 ) members off duty 
daily from the previous week. 



Daily percentage for the week sick 
Daily percentage for the' week disabled 7-22 

TOTALS 9.13 



PREVIOUS WEEK 
1.91 2.56 



7.34 



Disabled at start of week 
Started during the week 
Returned during the week 
Disabled at the end of week 
Net Gain or Loss 



9.90 



125 
24 

27 

122 

-3 



Sick and Disabled 
for week ending 
Saturday, March 
20, 1976 at 2400 
hours : 



Sic!, and DisaL Led 
for week ending 
Sal irday, April 
12 , 1075 a t 2 4 00 
h ou i' s : 



Daily average 
for the week sick 

Daily average for 
the week disabled 



67 
106 



Da.i I ,;, average 
for the week 3 



53 



Daiiy average for 

the week disabled 75 



TOTALS 



.173 



12 8 



- 232 



Daily percentage for 

the week sick 3.60 



Daily percentage for 
the week sick 2.8l 



Daily percentage 




for the week 




disabled 


5.83 



TOTALS 



9.4 3 



D a i 1 y percentage 

for the week 

disabled 4.13 



6.94 



The report was ordered filed 



HYES: Commissioners Ciani . Gallegos, Hall, 
Murphy, Siggins 



The Commission then adjourned its meeting. 




1 



- p 



33 - 



28 APRIL 1976 REGULAR MEETING 

The^folice Commission of the City and 
County of^San Francisco met in their chambers, 
Room 551, Hall of Justice, 850 Bryant Street, on 
Wednesday, April 28, 1976 at 1730 hours, in regular 
session . 



PRESENT: Commissioners Ciani, Gallegos, Hall, rvifiryirMtb 
Murphy, Siggins UUOUMUMIS 

MAY1 1 ; 1.976 

Commissioner Siggins presiding. mjes«sjs&o 

Rtmi_ib fiBRARY 

The members of the Commission, having 
been furnished copies of the minutes of the meet- 
ing of April 21, 1976, reading of same was dis- 
pensed with and the minutes were approved. 



AYES: Commissioner Ciani, Gallegos, Hall, 
Murphy, Siggins 



CHIEF'S REPORT TO THE POLICE COMMISSION 



Chief Gain: "I have only one thing to report, I am 
now a resident of the City and County of San Francisco. 
I live in the Sunset District." 



PUBLIC HEARING RELATIVE TO POSSIBLE ADOPTION OF 
PROPOSED RULES GOVERNING POLICE COMMISSION HEARINGS 
ON THE BAR ASSOCIATION'S CITIZEN COMPLAINTS PROCEDURES 



Chief Gain: "Mr. President, members of the Commission, 
we submitted to you a draft plan for your discussion 
and approval. I will review it orally and what it pro- 
poses is that the Commission will hold public hearings on 
the proposal submitted to it by the Bar Association of 
San Francisco which recommends a new procedure for 
handling Citizens Complaints against police officers. 
We are suggesting six sites which are designated in 
this plan be accepted by the Commission for the loca- 
tion of hearings. The first one would be at the Hall 
of Justice on a Saturday afternoon and the remaining 
five would be evening meetings held at public schools 
throughout the City. Then we submit to the Commission 
the. names of the schools and suggested days of the week. 
The Hall of Justice meeting would be Saturday after- 
noon from 1 to 5, the ones in the schools would be on 
Thursday evenings from 7:30 p.m., to 10:00 p.m., and 
we have left out specific dates subject to the Commis- 
sion's desire. We discussed before perhaps having the 
first meeting on May 8. The agenda at each meeting 
would consist of three things, the presentation of 
the Bar Association proposal by a representative from 
the Bar Association and then a presentation of existing 



- 2 3 1 * - 



procedures in handling Citizens Complaints against 
police officers by staff, that is an explanation 
of our Internal Affairs Bureau Procedure and third, 
the taking of relevant oral and written testimony 
by interested members of the public. We would sug- 
gest that in regard to the procedure that would be 
followed at the time of the hearings, it would be 
the Police Commission Procedures for allowing the 
public to speak at its hearings, which proceedings I 
don't recall now whether they have been adopted or 
not, but we would suggest that type of procedure be 
followed. Then lastly, there would be as wide advanced 
public notice of the hearings via the news media and 
perhaps by giving to neighborhood and business associa- 
tions in a given area of the date and time of the meet- 
ing and the p.rupose of the hearing. The Bar Association 
has stated they would make available copies of their 
proposal for the cost of $1.00. The Police Department 
will provide descriptions of its present investigatory 
procedures to the public without cost. The Commission 
has also asked for a cost analysis as between the 
present cost of operation of Internal Affairs Bureau 
and the proposed cost of the Bar Association proposal, 
which information we've given to you. The cost factors 
as we now discern them to be, the present Internal 
Affairs Bureau cost for salaries, fringe benefits, and 
so on, amounts to $395,000 a year. The proposed civil- 
ian staffing from the Bar Assoication Proposal would 
be $282,655 a savings of some $112,000. I therefore 
submit this plan to the Commission for your entertain- 
ment and subject to any changes in its regard that you 
may have . " 



Commissioner Gallegos: "I would like to know if there 
is anyone in the audience who has looked at this, has 
any comment on it?" 



Mr. Alfredo Rodriguez: "I am a resident of the Mission 
District and I do have a problem with James Lick Jr., 
High School. It is sorta out of reach for the very large 
Spanish speaking population which is more concentrated 
in the inner Mission, rather than the Eureka Valley 
Noe where James Lick Jr. High School Is located. Because 
of that I would like to suggest that if it can be arranged, 
that possibly Lulack, which is located on Army Street, 
and more centrally located and more- acGe3sible,"~aot -only 
to the Spanish speaking population but also to the black 
population of Potrero Hill which is a part of the Mission, 
and also the Philippino and Samoan populations of the 
Mission District, who I suspect are more indirectly 
affected at least by alleged incidents. So I would just 
submit that thought." 

Mr. Rodriguez also suggested Samuel Gompers as another 
possible site to be given some thought to for holding 
said hearings. 

Mr. Marvin Rouse: "My conversation is the same as 
Alfredo's, that I feel if you hold hearings up on 
either of the Hills, Potrero Hill or the other, would 
be bypassing the people that are down in the Mission. 
The boundaries, I might suggest, are Valencia, on one 
:ide, Bryant on the other side, Army Street and maybe 



down as far as 16th 



! \< , : ;-: 



.5. J - 



Commissioner Siggins : "Chief, horf about looking into the 
areas mentioned?" 

Commissioner Gallegos: "Chief, on the question of these 
hearings, there will be a tremendous amount of informa- 
tion, both oral and written, presented to us and it seems 
to me that the Commission will be busy listening attentatively ,- 
and I hope, asking questions and trying to get responses, 
but after it is all over, we will have to sift it all out 
and try to put it in some meaningful context in terms of 
pros and cons, and I think that we will probably need' 
some help. I am not asking for a transcript, but I 
think there may be some very important things that we 
would like highlighted as a result of each of the hear- 
ings . Not necessarily a transcript but something rele- 
vant that came out of it . Who appeared and what was 
the essence of the reports of the neighborhood groups." 

Chief Gain: "Our plan is to have staff for the Com- 
mission at the hearings to accomplish this task. Our 
iention is to record all of the testimony and, of course, 
we will have the speakers identified. They will make 
out cards and then we will summarize the transcript." 



Commissioner Gallegos suggested that if the budget permits 
it, to have some one there who could act as an interpreter 
for those who are not proficient in the English language. 
He also questioned the proposed starting date of May 8. 



Chief Gain: "That was just a proposal to kick off the 
discussion because the Commission, your availability or 
desires, of course, will control the setting of dates 
and times. 



Commissioner Gallegos: "My feeling on the starting date 
it seems to me that number one, if you move to quickly 
to the hearing on May 8 , I am concerned that we may not 
do an adequate job of informing the public as to the 
issues and information. I really don't want to rush 
into hearings for hearings sake. I think it is some- 
thing very important and I think we ought to satisfy 
ourselves that enough time has been given to groups 
about the availability of the locations and where they 
might go and it's not that I hesitate in starting, but 
I think once we go, I think we ought to make sure that 
all of the dates are clear and we can proceed. So, I 
think May 8 may be short only because here tonight we 
are approving it and some groups are still preparing 
a summary of their comments." 



Chief Gain: "It is short. I think it's too short. 
I would suggest that the first meeting be a month away. 
We do have to prepare flyers to mail to neighborhood 
groups, to Associations and so on, to make sure every 
one is informed far in advance, and we have yet to 
complete our own procedures, for example,- ,so I would 
suggest one month." 



- 236 - 



Commissioner Gallegos: "I would like to suggest 
that we approve the plans as presented to us by 
the Chief and then let the Commission discuss the 
specific dates of hearings . rather than trying to 
resolve that right now. So I make a motion to 
adopt the procedures." 



Commissioner Murphy: "I second it 



Commissioner Ciani : "I would like to be sure that 
no one has any questions about other locations." 



Mr. Marvin Rouse: "I see the same problem arising for 
the people in the Haight and for the people in the 
Fillmore Western Addition, like the people in the Mis- 
sion District. You have the same cultural relation 
pockets. The idea is to try to get people to come 
to the meetings, not to keep them remote ^ and I would 
suggest to try to find a location within what I would 
call the inner Haight and also withi.n the Fillmore 
Western Addition. We are speaking of the Anza Elementary 
School on Vega Street." 



Commissioner Ciani: "Could we just leave that in the 

Chief's discretion to work out any of the questions 

that are raised by the people here to their satisfaction?" 



Sergeant Gerald Crowley: "I would like to know, are 
these locations going to be changed around or evidently 
fitted to suit the needs of a very limited group of 
people? I just want to know where are we going to meet? 
The suggested locations in the plan are fine with me." 



Chief Gain: "As I understand it, Mr. President, that 
with the exceptions of James Lick and Anza, that we 
accept the other locations." 



Commissioner Ciani: "I would like for it to reflect 
in this last sentence (of the proposed Bar plan and 
current Internal Affairs Bureau procedures) that the 
comparison prepared by the Department will also be avail- 
able." 



The Commission then adopted the plan with the suggested 
amendments and gave the Chief the discretion to look 
into the locations of the two questionable school sites 
and to possibly expand to six. 
See Resolutioh No. 165 on Page 248. 

AYES; Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



PUBLIC HEARING RELATIVE TO ADOPTING A RESOLUTION AMENDING 
SECTION 1.65.10 OF THE MANUAL OF GENERAL PROCEDURES OF 



- ? 



37 - 



THE SAN FRANCISCO POLICE DEPARTMENT. (MEMBERS ENGAGED 
IN SECONDARY EMPLOYMENT WHILE ON LIGHT DUTY).- WITHDRAWN 

Chief Gain: "What I am proposing, Mr. President, members 
of the Commission, is that we place this item off calendar 
and that the Manual of Rules Section regarding Secondary 
Employment, the revision that I recommended to you pre- 
viously, not be adopted. The reason being that after 
meeting with certain staff members, including the legal 
office, we examined that a change in the rule is not 
needed, that we have a present rule in our Manual of 
General Procedures which will accomplish that which is 
desired by us. The present rule states that, 'Where it 
appears from the members' sick or disability leave record, 
or other evidence, that secondary employment might im- 
pair or interfere with his ability to efficiently dis- 
charge his Folice Department obligations, then a Secondary 
Employment permit can be rescinded or revoked.' We feel 
that a member who is on light duty can be examined by 
the Police Surgeon if the nature of his medical dis- 
ability is such that he could not fulfill his obligations, 
then we feel that this rule will permit us during the time 
of his disability to preclude him from engaging in Secon- 
dary Employment. Hence, no need for a change in the pre- 
sent rule." 

AYES: Commissioners Ciani, Gallegos, Hall, Murphy ,Siggins 

SAN FRANCISCO ADMINISTRATIVE CODE, CHAPTER 10B, CON- 
SIDERED FOR DISCUSSION RE POSSIBLE NON-COMPLIANCE 
WITH ITS PROVISIONS. 

Chief Gain: "Mr. President, members of the Commission, 
I recommend this item be continued for a two week period 
for deliberation. There is a lengthy report before the 
Commission, in fact, I think several reports, and dis- 
cussion is needed." I also want to submit to the Com- 
mission, a report which will contain the name of each 
individual who now has a permit to engage in Secondary 
Employment and which will state to the Commission pre- 
cisely the nature of work being undertaken, so the Com- 
mission will have that knowledge. I feel that our pre- 
sent rules on Secondary Employment have been effective, 
based upon the reports that we have seen. Now I think it 
is a matter within the frame work of our existing rules 
for the Commission to have knowledge of the specific 
work being undertaken then to deliberate on where to 
go from there." 

A request was made from a member of the audience at this 
time to speak and it was granted: "I am a police officer 
and I have Secondary Employment. I try to support my 
family In a better manner than that which I am paid for 
by the Department. I want the Police Commission to rea- 
lize that I do this not because I am trying to take away 
from my job as a police officer, but to also assist my 
family for a better life." 

He then stated, after being asked by Commissioner Siggins, 
that his name was Officer Wood. He further stated that 
he was a police teller at the Bank of America, and that 
if the Commission imposed upon the bank the requirement of 
paying the additional 22.5% on top of his salary, he 
would lose his job there and be forced to file bankruptcy. 



- 238 - 



Commissioner Ciani asked if the Police Officers' 
Association had submitted a position paper on the 
issue and Off icer^John Ballentine, Police Officers' 
Association Treasurer, stated that they had not be- 
cause they weren't actually sure as to what the 
Commission had in mind. 



Commissioner Ciani then stated: "I guess procedurely, 
we will study it and if any of us want to make recom- 
mendations for any change, then it would be a matter 
for public hearings at that time. We would give notice 
to all interested parties." 



SUPERIOR COURT ORDER COMMANDING THE POLICE COMMISSION 
TO SET ASIDE ITS DECISION DATED MAY 12, 1969, IN THE 
ADMINISTRATIVE PROCEEDINGS IN THE MATTER OF MICHAEL 
R. O'BRIEN, - CONTINUED TO MAY 12, 1976. 



AYES. Commissioners Ciani, Gallegos, Hall, Murphy, 
Siggins. . 



RESOLUTION NO. 175-76 



HEARING OF POLICE OFFICER GEORGE MOISSANT, TARAVAL 
POLICE STATION. 



WHEREAS, the hearing of Police Officer George 
Moissant, Taraval Police Station, was called, it hav- 
ing been set for this date; and 



WHEREAS, Mr. George Engler, attorney for 
Police Officer George Moissant, appeared before the 
Police Commission and stated that since Officer Moissant 
is still undergoing medical treatment for his condition 
that a hearing at this time would be detrimental to his 
health; therefore be it 



RESOLVED, that the date for the hearing of the 
disciplinary charges filed against Police Officer George 
Moissant is set for Wednesday, June 2, 1976 at 5:30 p.m., 
in Room 551, Hall of Justice. 



AYES; Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 176-76 



HEARING OF POLICE OFFICER GREGORY J. CLONEY, CENTRAL 
POLICE STATION. 



WHEREAS, the hearing of Police Officer Gregory 
J. Cloney, Central Police Station, was called, it having 



39 - 



been set for this date; and 

WHEREAS, Sergeant David Roche, assigned to the 
Legal Office and Prosecutor in this case, requested a 
continuance of one week in order to allow him to peruse 
the facts in this case prior to the hearing; therefore 
be it 



RESOLVED, that the date for the hearing of 
the disciplinary charges filed against Police Officer 
Gregory J. Cloney, is set for Wednesday, May 5, 1976 
at 5:30 p.m., in Room 551, Hall of Justice. 

AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



TRANSFER OF JITNEY BUS PERMIT - APPROVED 



Th 
operate a ji 
was called, 
newspaper in 
applying the 
in person an 
mission appr 
or interest 
to operate a 
said approva 
the Police C 
ance policy 



e matter of 
tney bus by 
it having be 

accordance 
reto. The t 
d were not r 
oved the tra 
that the wit 

jitney bus 
1 contingent 
ommission th 
as provided 



the transfer of the right to 
the following-named person 
en advertised in the official 
with the provisions of ordinance 
ransferor and transferee appeared 
epresented by counsel. The Com- 
nsfer of whatever right, title 
hin-named transferor might have 
to the within-named transferee; 

upon the transferee tiling with 
e appropriate bond and/or insur- 
by the Police Code: 



TRANSFEROR 

Peter Samaras 

3369 Kiwanis Avenue 

Oakland, California 



TRANSFEREE 



NO. OF PERMITS 



Hugo R. Soto 

55 Bepler Street 

Daly City, California 



Route: Mission Street - Ferry to Sickles Avenue 



AYES: Commissioners Ciani, Gallegos, Hall 
Murphy, Siggins 



RECOMMENDATIONS OF THE TRAFFIC BUREAU 



Captain Seghy appeared before the Commission and sub- 
mitted an amended report over the one he had submitted 
at last weeks meeting. 



Commissioner Murphy: "I suggest that we adopt the re- 
port and if we continue to have complaints about it 
then we have to think of something else to do." 



Commissioner Ciani: "We have had this matter before 
us for months and I think we could try it and then 
look at it again at some time maybe six months from 
now. " 



- 2^0 



She then recommended that the report be accepted 
including her amendments to #3, to include "one or 
more notices," and #4, "10 business 'days from date 
of posting . " 

AYES: Commissioners Cn ani , Gallegos, Hall, 
Murphy 

Commissioner Siggins voted against the Ciani 
motion . 



Regarding the regular traffic items a 
motion was made to pass the items on recommendations 
one, two, three and five. 



Commissioner Gallegos requested that he be allowed 
to abstain on number four. 



Commissioner Ciani then made a motion to allow Com- 
missioner Gallegos to abstain on item #4. 



Commissioner Murphy: "I second it." 



RESOLVED, that the recommendations of the 
Traffic Bureau on the installation of zoning for the 
regulation of traffic on the public streets, be, and 
the same are hereby approved: 



291 SANTA ROSA AVENUE - MISSION TERRACE PHARMACY 



a) At approximately 291 Santa Rosa Avenue, install 
a 22' green zone, to extend from 10' - 32' east 
of San Jose Avenue. 



1780 - 32nd AVENUE - SUNSET FURNITURE 



a) At approximately 1780 - 32nd Avenue, install 
a 32' yellow zone, to extend south of the 
north property line. 

1590 VALENCIA STREET - ST. LUKE'S HOSPITAL 

a) At 1590 Valencia Street, install a 22' white 
zone, to extend from 26' - 48' north of Duncan 
Street . 

b) Permission to display portable No Parking 
signs in conjunction with this white zone. 



22 5 LINDEN LANE - M.J. KING CONSTRUCTION COMPANY 

a) At approximately 225 Linden Lane, install a 
25' red zone, to extend from 35' - 60' west 
of Franklin Street. 

Commissioner Gallegos abstained from voting 
on this item. 



- 24l 



261 - 12th STREET - FOREMOST DAIRIES 



a) At approximately 26l-12th Street, install a 
64' yellow zone, to extend from 76' - l40' 
south of Kissling Street. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



REVOKED 



RESOLVED, that the recommendations of the 
Traffic Bureau on the revocation of 267 feet of yellow 
and red zones at various parts of the City at the loca- 
tions submitted, be, and the same are hereby approved. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RECOMMENDATION OF THE CITY ATTORNEY'S OFFICE FOR 
SETTLEMENT OF THE CLAIM OF WILLIAM ROBINSON, JR., 
IN THE SUM OF $20,000 AGAINST THE CITY AND COUNTY 
OF SAN FRANCISCO - CONTINUED TO MAY 5, 1976 



Commissioner Siggins requested this item be put over 
one more week. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



Commissioner Ciani: "I wanted to go back uto item #3 
and ask the Chief to comment on the changes in the 
Inspectors Bureau of which there is something in the 
paper. Do you have any comments on the creation of 
this new unit?" 



Chief Gain: "Basically, what it amounts to is that 
Chief Mclnerney is experimenting with combining the 
General Works detail with the Homicide detail. The 
General Works detail investigates assaults and what- 
ever which sometimes result in a homicide. So it makes 
good- sense to consolidate them and not have such a dis- 
tinct division of labor so you would have people who 
are investigating homicides in areas of assault. Then 
the other concept is to free other Inspectors up from 
a case load based upon numbers of Investigative reports 
using a strike force-like concept so we could identify 
robberife'gr and other serious crimes and have investigators 
addressing and trying to resolve those crimes. It's an 



- 2^2 



informal thing he is doing, obviously because any 
formal restructure has to come before the Commission 
so it is experimentation. The goal is to get more 
productivity and better effectiveness in the investi- 
gative function. That's what it amounts to." 



RESOLUITON NO. 166-76 



LEAVE OF ABSENCE WITHOUT PAY PENDING HEARING OP 
CHARGES - APPROVED. 

WHEREAS, Police Officer Michael H. Gallagher, 
Park Police Station, was suspended without pay effective 
at 0001 hours, Friday, March 26, 1976, pending hearing 
of the charges before the Police Commission; and 

WHEREAS, Police Officer Michael H. Gallagher 
has requested a Leave of Absence Without Pay pending 
hearing of charges before the Police Commission; therefore 
be it 



RESOLVED, that Police Officer Michael H. 
Gallagher, Park Police Station, be placed on Leave 
of Absence Without Pay at his request for a period 
of ninety (90) days commencing April 26, 1976, until 
his hearing is held before the Police Commission. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



APPROVAL OF TRAVEL EXPENSE VOUCHER 



Commissioner Ciani stated in -regard to this item; 
"I would like to see some of the ministerial items taken off th 
agenda because I keep getting complaints from people 
who say 'I look at your agenda and it's laughable 
that you've got so many insignificant matters on it, 1 . 
If we- could get these items off , those who 
look at our .agenda" wouldn't think that we spend a lot 
of time doing these things. In connnection with pro- 
cedure this evening, I think we should arrange the a- 
genda i n t ne future so that the items that are sub- 
stantive and which involve public comment or people 
who are present will always be near the top>. so we dan r fc 
have to rearrange the agenda at the meeting. Can we do 
that In the future?" 

Commissioner Murphy: I do think a lot of things are 
required however, by the Charter, but maybe we should 
someday, if we can, take a look and see what those | 

minutias are that could be handled administratively '-. . f 
so the complex and cumbersome items could be edited •-.'•-' 
out . 

Commissioner Ciani: "I think that is a good idea and 



- 2^3 - 



I wonder whether if we can have somebody in the Legal 
Department write to the City Attorney's Office and 
ask them to report to us which .of the things that 
we customarily have on our calendar could be handled 
in some other way? Put the burden on them to try to 
help us clear this up." 



Commissioner Hall: "I think at the same time there is 
a safeguard we ought to keep in mind, if we give prior 
approval to a person who has been there, (to a conference 
or whatever) and discover later that the bill of a thou- 
sand dollars is objected to, then you will have removed 
from yourself the opportunity to vote on it being- approved 
I think we spend more time discussing these things other 
than it really takes to approve them. I think all we 
need to do knowing that these things are automatic, and 
they are calendared every week and knowing that this 
Mr. Smith or whoever had gone to the meeting, and we 
are simply approving his expenses, we can say "Aye" 
and let it go." 



Commissioner Ciani: "I suggested before that we have 
a consent calendar approach which would obviate having 
to call these items up. Anything that is on a consent 
calendar would be deemed approved at the end of the meet- 
ing unless someone called it up. Perhaps we could 
ask the City Attorney whether there would be anything wrong 
with the handling of ministeral things in that manner. 
They might be in a separate category at the. end of the 
agenda . " 



Sergeant Roche, Legal Officer, stated that he would 

take it up with Mr. Stark and Mr. Uell (Deputy City 

Attorneys). "I can see no problem with a consent 

calendar, Contingency Fund, things like that, unless somebody, 

request them." 



Commissioner Siggins : "It might not sound like it, 
but we are trying to save time. Is there a motion to 
approve the expenditure?" 



Commissioner Murphy: "I so move." 
Commissioner Gallegos : "I second." 
RESOLUTION NO. 167-76 



RECOMMENDATION OF THE CHIEF" OF POLICE FOR APPROVAL OF 
TRAVEL EXPENSES INCURRED BY INSPECTOR CLARENCE W. SMITH, 
BUREAU OF INSPECTORS, TO ATTEND THE CALIFORNIA DEPARTMENT 
OF JUSTICE WESTERN REGIONAL ORGANIZED CRIME-TRAINING IN- 
STITUTE AT SACRAMENTO, CALIFORNIA, FROM MARCH 7, 1976 TO 
MARCH 12, 1976, INCLUSIVE. 



WHEREAS, on the recommendation of the Chief of 



- 244 - 



Police, Inspector Clarence -W. Smith, Bureau of 
Inspectors, received permission from the Police 
Commission to attend the California Department of 
Justice Western Regional Organised Crime Training 
Institute at Sacramento, California; and 



WHEREAS, Inspector Clarence W. Smith did travel 
to Sacramento, California, to attend said Institute 
from March 7, 1976 to March 12, 1976, inclusive; there- 
fore be it 



RESOLVED, that expenses in the amount of 
$173-^9 incurred by Inspector Clarence W. Smith, Bureau 
of Inspectors, while attending the Institute are hereby 
approved. Expenses will be defrayed by the Police De- 
partment's Police Officers' Training Fund. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 168-76 



POLICE NARCOTIC FUND 



RESOLVED, that the Controller be, and he 
is hereby requested to draw a voucher in favor of 
Chief of Police Charles R. Gain In the sum of $4,166 
charging same to Appropriation No. 5 • l6l . 890 . 050 
to cover narcotic fund disbursements for the month 
of May, 1976. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 169-76 



POLICE CONTINGENT FUND 



RESOLVED, that the Controller be, and he 
is hereby requested to draw a voucher in favor of 
Chief of Police Charles R. Gain in the sum of $3,333 
charging same to Appropriation No. 5 . l6l . 890 .000 to 
cover contingent fund disbursements for the month of 
May,' 1976. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



- 2^5 - 



RESOLUTION NO. 170-76 

RECOMMENDATIONS OF THE AWARDS COMMITTEE - APPROVED 

RESOLVED, that the following-named members 
of the Police Department be, and they are hereby granted 
Awards of Valor, Gold Medal, Silver Medal, Bronze Medal, 
and Meritorious Conduct Award under the provisions of Sec- 
tion 5.119 of the Rules and Procedures of the San Francisco 
Police Department as approved by the Awards Committee on 
Friday, April 23, 1976: 

^Assistant Inspector Gary 0. Lemos Gold Medal of Valor 

*Police Officer Edward G. Buck Gold Medal of Valor 

**Sergeant Felix W. Buckley Silver Medal of Valor 

Sergeant Richard R. Racine Silver Medal of Valor 

Police Officer Larry P. Barsetti Silver Medal of Valor 

Police Officer George B. Cima Silver Medal of Valor 

Police Officer Timothy J. Hettrich Silver Medal of Valor 

Sergeant John C. Kristovich Bronze Medal of Valor 

Sergeant Paul P. Kurpinsky Bronze Medal of Valor 

Sergeant John E. Lynch Bronze Medal of Valor 

Sergeant Mario Tovani, Jr. , Bronze Medal of Valor 

Assistant Inspector George E. Matelli ... .Bronze Medal of Valor 
Assistant Inspector James J. Molinari ... .Bronze Medal of Valor 

Police Officer Theodore A. Bell Bronze Medal of Valor 

Police Officer Joseph F. Engler Bronze Medal of Valor 

Police Officer John J. Forbes Bronze Medal of Valor 

Police Officer Robert J. Geary Bronze Medal of Valor 

Police Officer Terry A. Gregory Bronze Medal of Valor 

Police Officer Steven R. Hansen Bronze Medal of Valor 

Police Officer Vladimir Kovaleff Bronze Medal of Valor 

Police Officer John S. Macaulay Bronze Medal of Valor 

Police Officer Alan B. Mould Bronze Medal of Valor 

Police Officer George A. Moissant, Jr.,.. Bronze Medal of Valor 

Police Officer Calvin L. Nutting Bronze Medal of Valor 

Police Officer Ralph W. O'Bryan Bronze Medal of Valor 



- 246 - 



Patrol Special Officer Samuel J. 

Reyes Bronze Medal of Valor 

Inspector John J. Cleary ..Meritorious Conduct Award 

Inspector Frank J. Falzon Meritorious Conduct Award 

*Changed from Silver Medal of Valor to Gold Medal of 
Valor on recommendation of the Police Commission. 

** Changed from Bronze Medal of Valor to Silver Medal 
of Valor on recommendation of the Police Commission. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 171-76 

REWARDS GRANTED TO MEMBERS OF THE POLICE DEPARTMENT 



WHEREAS, the following-named members of the 
Police Department have been commended for courageous 
service under the provisions of Section 5.119 of the 
Rules and Procedures of the San Francisco Police Depart- 
ment at a meeting of the Awards Committee, held on 
Friday, April 23, 1976; and 



WHEREAS, Chief of Police Charles R. Gain has 
recommended to the Police Commission that the said 
members be rewarded under the provisions of Section 
8.405(a) of the Charter of the City and County of 
San Francisco; therefore be it 



RESOLVED, that Assistant Inspector Gary 0. 
Lemos and Police Officer Edward G. Buck, be, and they 
are hereby awarded Gold Medals of Valor and granted a 
reward of $200 each as provided for under said section 
of the Charter; and be It further 



RESOLVED, that Sergeants Richard R. Racine 
and Felix W. Buckley, Police Officers Larry P. Barsetti, 
George B. Cima, and Timothy J. Hettrich,be, and they are 
hereby awarded Silver Medals of Valor and granted a re- 
ward of $100 each as provided for under said section of 
the Charter; and be it further 

Resolved, that Sergeants John C. Kristovich, 
Paul P. Kurpinsky, John E. Lynch, and Mario Tovani, Jr., 
Assistant Inspectors George E. Matelli and James J. Molin- 
ari, Police Officers Theodore A. Bell, Joseph F. Engler, 
John J. Forbes, Robert J. Geary, Terry A. Gregory, STeven 
R. Hansen, Vladimir Kovaleff, John S. Macaulay, Alan B. 
Mould, George A. Moissant, JR., Calvin L. Nutting, Ralph 
W. O'Bryan, and Patrol Special Officer Samuel J. Reyes, 
be, and they are hereby awarded Bronze Medals of Valor 



- 247 - 



and granted a reward of $50 , each as provided for 
under said section of the Charter; and be it further 

RESOLVED, that Inspectors John J. Cleary and 
Prank J. Palzon, be, and they are hereby awarded Merit- 
orious Conduct Awards and granted a reward of $50 each 
as provided for under said section of the Charter. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



Chief Gain recommended that the recipients and their 
families be invited to appear in two weeks to receive 
their awards . 



RESOLUTION NO. 172-76 
REQUEST TO TRANSFER FUNDS 



RESOLVED, that the Controller be, and he 
is hereby requested to transfer unallotted funds in 
the sum of $2,836,085.00 to reserve funds in Appro- 
priation No. 5. 161.110. 000 000 (Permanent Salaries-Uni- 
formed Force); $1,542.00 from unallotted funds to re- 
serve funds in Appropriation No. 5.161.110.001.000 (Perm- 
anent Salaries-Civilian); $2,305.00 from unallotted funds 
to reserve funds in Appropriation No. 5.161.110.725.000 
(Permanent Salaries-Airport); $94,885.00 from allotted 
funds to reserve funds in Appropriation No. 5.161.111. 
000.000 (Extra Duty - Uniformed Force); $3,962.00 from 
allotted funds to reserve funds in Appropriation No. 
5.161.111.002.000 (O.T. - Uniformed Force, PYP); and 
$89,880 00 from unallotted funds to reserve funds in 
Appropriation No. 5 .161.112 .000 000 (Holiday Pay- 
Uniformed Force) for salary and other pay adjustment. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



WEEKLY SICK REPORT 



Chief Gain submitted a report of members 
of the Department off duty due to sickness and dis- 
ability for the week ending Saturday, April 24, 1976, 
at 2400 hours, as follows: 

PREVIOUS WEEK 
Daily average for the week sick 37 36 

Daily average for the week disabled 119 128 

TOTALS 156 164 

This Is a decrease of eight (8) members off duty daily 
from the previous week. 



- 248 



Daily percentage for the week sick " 
Daily percentage for the week disabled 6.82 

TOTALS 8.81 



PREVIOUS WEEK 
1-99 1.91 
7.22 



Disabled at start of week 
Started during the week 
Returned during the week 
Disabled at the end of week 
Net Gain or Loss 



130 

11 

20 

121 

-9 



9.13 



Sick and Disabled for 
week ending Saturday 
March 27,1976 at 2400 
hours : 

Daily average for 



the week sick 


64 


Daily average for 




the week disabled 


119 


TOTALS 


183 


Daily percentage 




for the week 




sick 


3.51 



Daily percentage 
for the week 
disabled 

TOTALS 



6.72 



10.23 



Sick and Disabled for 
week ending Saturday 
April 19, 1975 at 2400 
hours : 

Daily average for 
the week sick 56 

Daily average for 
the week disabled 77 



133 

Daily percentage 

for the week 

sick 2.97 

Daily percentage 
for the week 
disabled 4.24 



7.21 



The report was ordered filed 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 165-76 



PUBLIC HEARING RELATIVE TO POSSIBLE ADOPTION OF A PRO- 
POSED PLAN GOVERNING POLICE COMMISSION HEARINGS ON THE 
SAN FRANCISCO BAR ASSOCIATION CITIZEN COMPLAINTS PRO- 
CEDURES 



WHEREAS, a public hearing relative to the 
adoption of a proposed plan governing hearings on 
the San Francisco Bar Association Citizen Complaints 
Procedures was held; and 



WHEREAS, said plan outlines several pro- 
cedures and six (6) locations have been recommended 



- 2k9 - 



for holding Police Commission hearings on the here 
above-mentioned matter; and 



WHEREAS, two of those locations have been 
questioned by members of the Mission District Com- 
munity as being somewhat remote; therefore be it 

RESOLVED, that the proposed pain, as sub- 
mitted by Chief of Police Charles R. Gain, governing. 
Police Commission hearings on the San Francisco Bar 
Association Citizen Complaints Procedures be, and the 
same is hereby adopted; and be it further 



RESOLVED, that said plan is adopted upon 
the provision of subsequent dates for hearings are 
yet to be named and two locations are subsequently 
to be agreed upon at a future Police Commission meeting, 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 174-76 



RESOLUTION TO RESTORE THE OFFICIAL FLAG OF .THE CITY 
AND COUNTY OF SAN FRANCISCO TO THE CONFINES OF THE 
SAN FRANCISCO ROOM OF THE CITY ARCHIVES. 



WHEREAS, on the 1st day of May, 1900, at an 
official review of the San Francisco Police Department, 
Honorable James D. Phelan, Mayor of the City and County 
of San Francisco, presented to the San Francisco Police 
Department the Official Flag of the City and County of 
San Francisco; and 



WHEREAS, said Flag had been preserved in 
reverent care for fifty-two years by the San Francisco 
Police Department, but at that time there was no place 
to properly display it; and 



WHEREAS, said Flag is a matter of Historical 
importance and should be made available to the people 
of the City and County of San Francisco; and 

WHEREAS, on the 11th day of June, 1952, the 
Honorable Elmer E. Robinson, Mayor of the City and County 
of San Francisco, was requested by Resolution of the 
Police Commission, to place the Official Flag of the 
City and County hereinbefore referred to, in the care of 
the Society of California Pioneers in order that the 
Historical value of this Flag be preserved; and 

WHEREAS, there is now an appropriate area 
on the 4th floor of the San Francisco Public Library 
in the San Francisco Room where the Official Flag may 
be properly displayed to the people of the City and 



250 - 



County of San Francisco; and 



WHEREAS, discussions with the City Attorney's 
Office reveal that a resolution by the Police Commission 
is all that is necessary to effectuate a transfer of 
the Flag from the Society of California Pioneers to 
the San Francisco Room at the Public Library; therefore 
be it 



RESOLVED, that it is the order of the Police 
Commission that the Official Flag of the City and 
County of San Francisco, currently in the care of the 
Society of California Pioneers, be, and the same returned 
to the Public Library for public display in the San 
Francisco Room at the City Archives. 



AYES: Commissioners Ciani, Gallegos, Hall 
Murphy, Siggins 



HEARING OF POLICE OFFICER LOUIS A. GOMEZ, CITY PRISON 



The hearing of Police Officer Louis A. Gomez, 
City Prison, was called, it having been set for this 
date. Police Officer Louis A. Gomez was charged with 
violating the Rules and Procedures, as follows: 



SPECIFICATION NO. 1 



Breach of the Peace (Violation 
of Section 2.13 of the Rules and 
Procedures of the San Francisco 
Police Department) 



in a properly verified complaint by J. William Conroy, 
Captain of Police, Commanding Officer of the City 
Prison . 



Police Officer Louis A. Gomez appeared in 
person and was represented by Mr. George J. Engler, 
Attorney at Law. 



Sergeant David P. Roche, Legal Office, 
appeared as Prosecutor for the Police Department 



Opening statements were made by both the 
Prosecuting and Defense Attorneys. 



The following-named witnesses appeared 
for the Prosecution, were sworn and testified: 



Police Officer Edgar L. Springer 
Ingleside Police Station 



:51 



Sergeant William B. Navin 
Ingleside Police Station 



Lieutenant Matthew C. Duffy 
Ingleside Police Station 



Captain J. William Conroy 
Commanding, City Prison 



The following-named witness appeared for 
the Defense, was sworn and testified: 



Police Officer Louis A. Gomez 
City Prison 



A closing statement was then made by Mr. 
George J. Engler, Defense Attorney. 



At this time, a request was made by the 
Prosecution to call one more witness, as follows: 



Police Officer John F. Devine 

Special Assistant to the Chief of Police 



The Commission took the matter under sub- 
mission, and then recessed from 2221 hours to 2237 hours, 
after which the following resolution was adopted: 



RESOLUTION NO. 177-76 



DECISION - HEARING OF POLICE OFFICER LOUIS A. GOMEZ, 
CITY PRISON 



WHEREAS, on April 8, 1976, J. William Conroy, 
Captain of Police, Commanding Officer of the City 
Prison, made and served charges against Police Officer 
Louis A. Gomez, as follows: 



SPECIFICATION NO. 1 



a) That at or about 0025 hours, Friday, 
6 February, 1976, a call for assist- 
ance was answered by an Ingleside 
Radio Car at 600 Monterey Boulevard; 



b) That at that location the wife of the 
accused related to the responding 
officers that the accused had struck 
her without provocation or lawful 
authority ; 



- 252 - 



c) That as a result of the allegations 
made by the victim, the accused 
was arrested for Section 2*15 of the 
Penal Code of the State of California; 



d) Because of the above-stated conduct, 
the accused did violate Section 2.13 
of the Rules and Procedures of the San 
Francisco Police Department, which reads 
as follows: 



"Any breach of the peace, neglect 
of duty, misconduct or conduct 
within or without the state which 
tends to subvert the good order, 
efficiency or discipline of the 
department or which reflects dis- 
credit upon the department or any 
member thereof or that is prejudical 
to the efficiency and discipline of 
the department, though such offenses 
are not specifically defined or laid 
down in these Rules and Procedures shall 
be considered triable and punishable 
by the Board." 



and 



WHEREAS, a hearing on said charges was had 
before the Police Commission pursuant to Section 
8.3^3 of the Charter of the City and County of San 
Francisco on Wednesday, April 28, 1976, and that on 
Wednesday, April 28, 1976, the matter was submitted 
to the Police Commission for decision; and 



WHEREAS, the Police Commission finds that 
the said charge made and filed against Police Officer 
Louis A. Gomez, as contained in Specification No. 1, 
is sustained by the evidence presented at the hearing 
and that Police Officer Louis A. Gomez did -violate 
Section 2.13 of the Rules and Procedures of the San 
Francisco Police Department; therefore be it 



RESOLVED, that it is the order of the Police 
Commission that Police Officer Louis A. Gomez has vio- 
lated Specification No. 1, Section 2.13 of the Rules 
and Procedures of the San Francisco Police Department 
and for said violation he shall be suspended for a period 
of thirty (30) calendar days without pay, commencing 
Thursday, April 29, 1976 at 0800 hours, and terminating 
on Saturday, May 29, 1976 at 0800 hours, and be it 
further 



RESOLVED, that it is the order of the Police 
Commission that Police Officer Louis A. Gomez meet 



with Police Officer John F. Devine, Special Assistant 
to the Chief of Police, to see if Officer Gomes needs 
to join the Police Department's Alcoholic Abuse Program, 
and that Police Officer Devine submit a report to the 
Commission relative to his findings. 



Recesses taken in the hearing 

of Police Officer Louis A. Gomez: 

2204 hours to 2212 hours 
2221 hours to 2237 hours. 

Prior to the rendering of the decision in 
this matter, Commissioner Ciani requested 
to be excused and did not vote upon this item, 

AYES: Commissioners Gallegos, Hall, Murphy, 
Siggins 

(The entire proceedings were taken 
in shorthand form by Hearing Reporter 
Bob Baldocchi) 



RESOLUTION NO. 173-76 



PUBLIC HEARING RELATIVE TO POSSIBLE ADOPTION OF 
PROPOSED RULES GOVERNING POLICE COMMISSION PUBLIC 
HEARINGS. 



WHEREAS, a public hearing relative to 
adoption of proposed rules governing Police Commission 
public hearings was held; and 



WHEREAS, said rules having been noticed for 
public hearing in the San Francisco newspaper of gen- 
eral circulation and were made available to the gen- 
eral public for their perusal and subsequent recom- 
mendation at said hearing; and 



WHEREAS, during said public hearing, there 
were no recommendations for changes in the general 
format of the proposed rules; therefore be it 



RESOLVED, that the proposed rules governing 
Police Commission public hearings, be, and the same 
are hereby approved. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



PROPOSED GUIDELINES FOR POLICE COMMISSION HEARINGS . 

The Police Commission has the legal respon- 



- 2 5 ^ - 



sibility for determining the policies under which 
the San Francisco Police Department will operate in 
meeting the policing needs of the City. As appointed 
representatives of the people of San Francisco, Com- 
mission members encourage public participation at 
Commission meetings. Members of the public shall 
be given time to address the Commission on matters 
pending before it at its regular and special headings; 
the maximum amount of time to be allowed each speaker 
shall be determined by majority vote of the members 
of the Police Commission who are present. An excep- 
tion to the public participating in Commission headings 
shall be disciplinary hearings before the Commission when 
sworn testimony shall be given only by persons who are 
under subpoena by the Police Department or by the officer 
whose hearing is being held. 

The following procedure for allowing the 
public to speak on matters before the Police Com- 
mission at Commission headings shall be followed: 



1) "Request to Speak" cards shall be presented 

to the Secretary of the Police Commission prior 
to the heading being called to order. The Sec- 
retary shall number the cards in the order in 
which they are received. 

2) All "Request to Speak" cards shall contain the 
name of the person requesting the right to 
speak, the group he or she represents, if any, 
the agenda item to be addressed and whether in 
favor of or in opposition to it. If a speaker 
does not designate a pro or con position, the 
request to speak shall not be granted unless 
time is available after all pro and con speakers 
have been heard. 

3) . The Secretary to the Commission shall sort the 

requests to speak for each agenda item and 
report to the President of the Commission the 
total number of speakers in favor of the Item 
and the total number In opposition to it. 

4) Based on the number of speakers, the Commission 
may, by majority vote, limit the debate for each 
speaker and for the entire item. 



5) The "pro" and "con" speakers shall be alter- 
nated until the time for debate has expired, 
or until all speakers have been heard. The 
order. for each side shall be determined by 

the order in which "Request to Speak" cards have 
been received. If time is available, persons 
who have submitted "Request to Speak" cards bat 
who have not indicated a position on the agenda 
item will be permitted to speak. 

6) If time for debate has expired and all speakers 
have not been heard, the Commission may: 

a) By majority vote expand the time for 
debate, or 

b) Close the public debate and vote on 
the item being discussed or take it 
under submission for action at a later 
date, or 



c) Close the debate, b 
open until the next 
to allow speakers n 
written comments, 
ments shall be diss 
member of the Commi 
days prior to the t 
the item. Prior to 
members may discuss 
if such discussion . 



ut keep the record 

regular meeting 
ot heard to submit 
Such written com- 
eminated to each 
ssion at least five 
aking of a vote on 
voting, Commission 
the Item further 
is deemed necessary 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



The Commission then adjourned its meeting, 




-256 - 



DQ~ 






; o 






H MAY 1976 



^ 



iv>L.tdtJ 



SPECIAL MEETING 



The.- Police Commission of the City 
and County of-"San Francisco met in their 
chambers, Room 551, Hall of Justice, 850 Bryant 
Street, on Tuesday, May 1, 1976 at 1800 hours, 
in Special Session. 



PRESENT: Commissioners Gallegos, Hall, Murphy, 
SIggins 



ABSENT: Commissioner Ciani 



Commissioner Siggins presiding, 



The members of the Commission, having 
been furnished copies of the minutes of the 
Special meeting of April 12, 1976, reading of 
same was dispensed with and the minutes were 
approved. 



AYES: Commissioners Gallegos, Hall, Murphy, 
Siggins 



NOT VOTING 



Commissioner Ciani 



CONTINUATION OF THE HEARING OF APPEAL OF SUSPENSION 
WITHOUT PAY OF POLICE OFFICER DANIEL J. O'SHEA, 
NORTHERN POLICE STATION. 



The matter of the appeal of suspension of 
Police Officer Daniel J. O'Shea, Northern Police 
Station, was called, it having been continued from 
the special meeting of Monday, April 12, 1976, to 
this time and date. 



Police Officer Daniel J. O'Shea appeared 
in person and was represented by Mr. Stephen Bruce 
Bley, Attorney at Law. 



Chief of Inspectors, Captain Mortimer F. 
Mclnerney, acted as Prosecutor. 



The following-named witness appeared for 
the Prosecution, was sworn and testified: 



Sergeant Robert Spotswood 
Internal Affairs Bureau 



The following-named witnesses appeared for 



- 257 - 



the Defense, were sworn and testified 



Lieutenant Richard B. Klapp 
Police Academy 



Officer William J. Kelly 
Northern Police Station 



The following-named witness was called 
by Chief of Inspectors, Captain Mortimer F. Mclnerney, 
pursuant to Section 11513 of the California Government 
Code: 



Officer Daniel J. O'Shea 
Northern Police Station 



Chief of Inspectors, :Captain Mortimer F, 
Mclnerney, presented closing argument on behalf of 
the Prosecution. 



Mr. Stephen Bruce Bley, Attorney at Law, 
presented closing argument on behalf of the Defense 



At the conclusion of the testimony, the 
Police Commission recessed from 2252 hours to 2315 
hours, after which the following resolution was 
adopted : 



RESOLUTION NO. 178-76 



DECISION - HEARING OF APPEAL OF SUSPENSION WITHOUT 
PAY OF POLICE OFFICER DANIEL J. O'SHEA, NORTHERN 
POLICE STATION 



WHEREAS, Police Officer Daniel J. O'Shea, 
Northern Police Station, was suspended without pay 
by the Chief of Police pursuant to Section 8.3^3 
of the Charter of the City and County of San Francisco, 
and Rule 3.06 of the Rules and Procedures of the San 
Francisco Police Department, for a period of one (1) 
working day, effective 0001 hours, Sunday, December 

14, 1975, and terminating 0001 hours , 'Monday , December 

15, 1975; and 



WHEREAS, pursuant to Rule 5-160 of the Rules 
and Procedures of the San Francisco Police Department, 
Police Officer Daniel J. O'Shea, Northern Police 
Station, did file with the Secretary of the Police 
Commission a written appeal of his suspension by the 
Chief of Police; and 



WHEREAS, a hearing on said suspension was 
heard by the Police Commission on Monday, April 12, 1976, 



- 258 - 



and on Tuesday, May 4 , 1976, and on Tuesday, May 
4, 1976, the matter was submitted to the Police 
Commission for decision; and 



WHEREAS, the Police Commission finds that 
said charges made and filed against Police Officer 
Daniel J. O'Shea are sustained by the evidence pre- 
sented at the hearings held on April 12, 1976 and 
May 4, 1976, and that Police Officer Daniel J. O'Shea 
violated Section 2.49 of the Rules and Procedures 
of the San Francisco police Department; therefore be 
it 



RESOLVED, that it is the order of the Police 
Commission that the Chief's suspension of Police 
Officer Daniel J. O'Shea, Northern Police Station, 
from duty without pay for one (1) working day, effec- 
tive 0001 hours, Sunday, December 14, 1975, and ter- 
minating at 0001 hours, Monday, December 15, 1975, 
be, and the same is hereby affirmed and approved. 



AYES: Commissioners Gallegos, Hall, Murphy, 
Siggins 



ABSENT 



Commissioner Ciani 



Recesses taken in the hearing 
of Police Officer Daniel J. 
O'Shea- 

2012 hours to 2025 hours 
2252 hours to 2315 hours 

(The entire proceedings were 
taken in shorthand form by 
Hearing Reporter Dorsey A. 
McTaggart, C.S.R. ) 



CONTINUATION OF THE HEARING OF APPEAL OF SUSPENSION 
WITHOUT PAY OF POLICE OFFICER WILLIAM J. KELLY, 
NORTHERN POLICE STATION 



The matter of the appeal of suspension of 
Police Officer William J. Kelly, Northern Police 
Station, was called, it having been continued from 
the special meeting of Monday, April 12, 1976, to 
this time and date. 



Police Officer William J. Kelly appeared 
in person and was represented by Mr. Stephen Bruce 
Bley, Attorney at Law. 



Chief of Inspectors, Captian Mortimer F, 
Mclnerney, acted as Prosecutor. 



The following-named witness appeared for 
the Prosecution, was- sworn and testified: 



259 - 



Sergeant Robert Spotswood 
Internal Affairs Bureau 



The following-named witnesses appeared 
for the Defense, were sworn and testified: 



Lieutenant Richard B. Klapp 
Police Academy 



Officer William J. Kelly 
Northern Police Station 



The following-named witness was called by 
Chief of Inspectors, Captain Mortimer F. Mclnerney, 
pursuant to Section 11513 of the California Govern- 
ment Code : 



Officer Daniel J. O'Shea 
Northern Police Station 



Chief of Inspectors, Captain Mortimer F. 
Mclnerney, presented closing argument on behalf of 
the Prosecution. 



Mr. Stephen Bruce Bley ,■ Attorney at Law,, 
presented closing argument on behalf of the Defense 



At the conclusion of the testimony, the 
Police Commission recessed from 2252 hours to 2315 hours, 
after which the following resolution was adopted: 



RE SOLUTION NO. 179- 7 6 



DECISION - HEARING OF APPEAL OF SUSPENSION WITHOUT 
PAY OF POLICE OFFICER WILLIAM J. KELLY, NORTHERN 
POLICE STATION 



WHEREAS, Police Officer William J. Kelly, 
Northern Police Station, was suspended without pay 
by the Chief of Police pursuant to Section 8.3^3 of 
the Charter of the City and County of San Francisco, 
and Rule 3.06 of the Rules and Procedures of the San 
Francisco Police Department, for a period of five (5) 
working days, effective 0001 hours, Monday, December 
15, 1975, and terminating 0001 hours, Saturday, Decem- 
ber 20, 1975; and 



WHEREAS 



pursuant to Rule 5.160 of the Rules 



and Procedures of the San Francisco Police Department 
Police Officer William J. Kelly, Northern Police Station, 
did file with the Secretary of the Police Commission, a 
written appeal of his suspension by the Chief of Police; 
and 



WHEREAS, a hearing on said suspension was 
heard by the Police Commission on Monday, April 12, 1976, 



- 260 - 



and on Tuesday, May h-, 1976, and on Tuesday, May 
4, 1976, the matter was submitted to the Police 
Commission for decision; and 



WHEREAS, the Police Commission finds that 
said charges made and filed against Police Officer 
William J. Kelly are sustained by the evidence pre- 
sented at the said hearings held on April 12, 1976 
and May 4, 1976, and that Police Officer William J. 
Kelly violated Sections 2.13 and 2.49 of the Rules 
and Procedures of the San francisco Police Department; 
therefore be it 



RESOLVED, that it is the order of the Police 
Commission that the Chief's suspension of Police Officer 
William J. Kelly, Northern Police Station, from duty 
without pay for five (5) working days effective 0001 
hours, Monday, December 15, 1975 and terminating 0001 
hours, Saturday, December 20, 1975, be, and the same 
is hereby affirmed and approved. 



AYES: Commissioners Gallegos, Hall, Murphy, 
Siggins 

ABSENT: Commissioner Ciani 



Recesses taken in the hearing of 
Police Officer William J. Kelly: 

2012 hours to 2025 hours 
2252 hours to 2315 hours 

(The entire proceedings were 
taken in shorthand form by 
Hearing Reporter Dorsey A. 
McTaggart, C.S.R.) 



The Commission then adjourned its meeting 




SECRETARY 



m~a — : 




- 261 - 

DOCUMENTS 

MAY 1 7 1976 

r- .,Ai7 n^r-,/- SAN FRANCISCO 

5 MAY 1976 rtteuc library REGULAR MEETING 



<S 



Mc*~u,£& 



The^Police Commission of the City and 
County of^San" Francisco met in their chambers, 
Room 551, Hall of Justice, 850 Bryant Street, on 
Wednesday, May 5, 1976 at 1730 hours, in regular 
session. 



PRESENT: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



Commissioner Siggins presiding. 



The members of the Commission having 
been furnished copies of the minutes of the meet- 
ing of April 28, 1976, reading of same was dis- 
pensed with and the minutes were approved. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



CHIEF'S REPORT TO THE POLICE COMMISSION 



Chief Gain: "Mr. President, members of the Commission, 
I have two things I would like to report on. One is 
the Bar Association's proposal in regard to Citizen's 
Compliant review. I would like first to have Deputy 
Chief DeAmicis inform you of the status of our plan. 
He has a comparative chart to give to you showing 
our present Internal Affairs Bureau procedures and 
the Bar Association proposal procedures and then there 
is the matter of determining in regard to two schools, 
and he can report on that." 



Deputy Chief DeAmicis: "If you recall, we had set 
up that we would have one meeting here at the Hall 
of Justice and five schools throughout San Francisco. 
There was some question last week as to the schools 
selected and why they were selected. Gallileo High 
School for one was selected because it would serve 
the North Beach, Marina and Chinatown area. Herbert 
Hoover Jr., High School was selected because it would 
serve the Sunset. Portola Jr. High was selected be- 
cause it would serve the Bayview District. Anza Ele- 
mentary School at 40 Vega, that is the street that 
some people don't know too well, that's behind Sears 
and that was selected for the people in the Haight, 
the Western Addition and the Richmond District. The 
big question came as to why James Lick Jr., High School 
was selected at 1220 Noe Street. That was selected 
because it would serve the people in the Mission and 
the people in the Castro area, also, parking happens 
to be very good there at night. We did have a request 
from one of the people here last week, that we select 
in lieu of that school, the school in the vicinity of 
Valencia, l6th, Army and Bryant. Therefore, I changed 



- 262 - 



the school from James Lick to Horace Mann Jr., High 
at 23rd and Bartlett and that sets right in the 
middle of that area that was designated. I under- 
stand from talking with the Chief that you have sel- 
ected the 22nd of May as one of the first dates. I 
would like to advise you that when you do select days, 
I must notify the school department ten days in advance 
so that I can lock in those schools. As further fol- 
low-up, we will tape these proceedings, we will follow 
the Commission's approved procedures for taking pub- 
lic testimony and the comparison chart that you have 
before you now is a rough comparison of how complaints 
move through the present procedure and how they would 
move through the Bar Association procedure. There will 
also be a written point by point comparison that will 
be available next week that will go along with' that." 



Chief Gain: "If I may Mr. President, one of the things 
that we did in regard to the Bar Association Proposal, 
as part of our planning process, we requested the City 
Attorney to review the proposal from a standpoint of the 
legality of establishing a Citizen's Complaint Board. 
We had hoped to get their response by today but we 
have a letter from them, a copy of which you have stat- 
ing that the question will involve extensive research 
and for that reason we will be unable to complete the 
statement required for today, and that they will render 
the Opinion as soon as research is completed. We don't 
know at this point when we will get that Opinion. I 
am told that perhaps we will get it next week. But not 
knowing precisely when we are going to get that Opinion 
I would recommend to the Commission that the date of 
May 22, be deferred and that we not set a date at all 
until, in fact, we did get that Opinion and then the 
Commission could obtain the Opinion and see what the 
implications may be at that time. It may be premature 
now to set a date and hold hearings on the Bar Associa- 
tion Proposals and discuss its contents." 



Commissioner Siggins : "I hear from discussions that 
the legal issues are sort of complex and I would rather 
have a good opinion and have a better ground in which 
to start . " 



Commissioner Gallegos: "I would think that we should 
notify the Bar and any other group. I know the POA 
specifically asked for dates last week and we should 
communicate with them on whatever actions we contemplate." 



Chief Gain: "We will notify the Police Officers' Associa- 
tions, the Police Incidents Group, and the Bar Association 
of course, and anyone else that may be involved." 



Commissioner Siggins: "Chief DeAmicis, we hadn't pub- 
lished the date of May 22, so we will see if we can 
bring it up next week regarding a date." 

Chief Gain: "We can calendar it for next week so that 
we can continue the discussion of it and I will report 
to you next week. Of course, as soon as we receive a 
copy of the City Attorney's report, a copy will be sent 
to you. " 



- 263 - 



Commissioner Murphy: "Will there be any problems in 
getting the schools after the school terms are over?" 



Deputy Chief DeAmicis: "No, I have been advised by 
the School Department that we will be able to get 
schools year round." 



Commissioner Ciani: "Did you look into the locations 
that were suggested as opposed to the Lick School, 
there was a private building " 



Deputy Chief DeAmicis: "The Lulack Center, I did not 
look into that location, I preferred to keep it at 
public schools because, very frankly, those are con- 
sidered neutral grounds and have no poliitcal implica- 
tions . " 



Commissioner Murphy: "There also is orae question 
about the school in back of Sears. The Anza School, 
because it was presumably so far away from the Haight 
It really isn't very far away." 



Deputy Chief DeAmicis: "No, it isn't, it is approxi- 
mately ten blocks away from the center of the Haight.' 



Chief Gain: "As I recall, the Commission directed us 
to explore that and it would be up to my discretion 
after we explored it and of course, we would confer 
with Mr. Rodriquez and we've been unable to contact 
him, but we have designated these sites for further 
discussion next week. If I may, the other thing I 
would report is that Monday night, we were at a meet- 
ing, the first meeting of the Women's Advisory Coun- 
cil to the San Francisco Police Department. Judy 
Green is here, she is one of the two conveners of the 
meeting. She, along with Mary Vail and with your appro- 
val, I would like to have Judy Green give a report of 
how the idea of the Council came about and what trans- 
pired during the meeting." 



Judy Green: "The item I have given you is a position 
paper on the Women's Jail Study Group and the reason 
I give this to you is that I am a member of the Women's 
Jail Study Group along with the Citizen's for Justice, 
and I want to explain how the idea of Women's Advisory 
Council for the Police Department came about. And al- 
though it is now sponsored by the Women's Jail Study 
Group, the three ^ members have convened during the 
hours of the Women's Jail Study Group. The Study Group's 
involvement in the Sheriff's Department is part of the 
history by which they devised the Advisory Concept. It 
is a group of women, eight women's groups, it has been 
in existence for over a year and its primary focus has 
been in the Sheriff's Department £or the women's jails. 
We've met for a series of maybe for a period of four 
months talking about various issues involving women as 
criminals and women as victims of crimes and women in 



- 264 - 



law enforcement feminist issues wherever they are 
found in the Criminal Justice System, we approached 
the Sheriff's Department with a series of proposals 
regarding the treatment of women in that system and 
we've been welcomed by the Sheriff and we began doing 
research within the Department about how to handle 
the women defenders in prison. We approached him 
about the visiting situation there and that was when 
the problems that showed us most needed to be changed 
surfaced right away. Women at that time were visit- 
ing with their children and their families through 
the screen in the little teeny window. They didn't 
have any personal contact with their children and we 
felt that that should change and in conjunction with 
the person to do that, the Sheriff introduced us to 
his Undersherif f , who was Charles Gain and he went 
to work and had the lieutenants, captains, chiefs 
and officers, working out a contact visit process for 
the women's jail. It was successful and we became 
more closer to Chief Gain and to have a lot of respect 
and trust. We continued and are still continuing to 
work in the Sheriff's Department. We are planning 
a women's work and education furlough program as one 
alternative to Incarceration in the jail. In January, 
when the Mayor named Undersherif f Gain Chief of Police, 
we were happy and very interested in what his job would 
be, what the police department was like, how it related 
to women, women in the community, women as police 
officers, women arrestees, we were particularly interested 
in areas of prostitution and' also in recruitment, train- 
ing, training of the men officers, also as pertaining 
to issues that affect women in the community. We began 
meeting with Chief Gain in January and also spending 
time with groups of women in the Community who were 
organized around these issues and who has an Interest 
in the police department. The more we talked to Chief 
Gain and the more we talked to women in the community, 
we felt that some sort of an advisory council, some one 
who would bring in the attitudes of the community into 
the police department, would be a positive thing. So 
we sent out a letter to 36 women, inviting them to a 
meeting last night and 29 women were at the meeting. 
We received communications from four other women who 
were invited saying they would be at the next meeting. 
We invited women whom we felt represented the interest 
of a broad range in San Francisco. There were two areas 
that they were very interested in. They were very in- 
terested in training as well as in recruitment of police 
officers. They also expressed a lot of interest in 
crime prevention and talking to groups that are interested 
in crime prevention quite soon. The meeting lasted for 
approximately two hours and every one seemed anxious to 
meet again, so we set another meeting in two weeks. Men 
and women also who are in the police department are welcome 
to attend these meetings." 



Chief Gain: "Thank you Judy. The purpose of inform- 
ing you of the Council is so that you will know of 
some of the things that are taking place, and a great 
many things have been done. There will be status reports, 
the Women's Jail Studies group has for example researched 
the Misdemeanor Citation program and it will be presented 
to the Commission in due time. I suggest a revision of 
that. So there will be status reports. I feel very 



- 265 - 



grateful for all of the work they have done. It has 
been very good, and another reason for doing this of 
course, is to Inform you of some of the activity the 
staff has undertaken." 



POLICE COMMISSION DISCUSSION RELATIVE TO FAMILY 
CRISIS INTERVENTION PLAN. 



Officer Frank Rackley, San Francisco Police Academy: 
"What I have today, is a proposal, and I will pass 
out copies shortly. What we are going to be talking 
about today is a proposal for preventing or reducing 
domestic violence. We have developed this draft for 
the Police Commission and for the Chief. What it 
is going to provide is an overview of domestic violence 
nationally and locally. It will take a look at some 
of the programs that have been attempted to control 
this problem or at least begun to handle this problem 
nationally and locally and we will also talk about 
what is going on in San Francisco as far as the amount 
of violence in our police time in handling these situa- 
tions, and what percent of the patrolman's time is 
actually used in domestic violence-type situations. 
Also, we feel that which is of great importance is a 
recommended program for reducing the incidence of family 
violence which closely integrates the police department 
with community resources in a' program which we feel has 
a great deal of merit." 

Officer Rackley then introduced Dr. Christopher Hatcher, 
U.C. Langley Porter, Dr. Sonny Everstine, Emergency Treat- 
ment Center, Palo Alto, Co-Director and Arthur Boden, also 
Co-Director of the Emrgency Medical Treatment Center in 
Palo Alto. All spoke on the various aspects of the pro- 
posal and the general efforts of their Task Force. 

Afterwards, Officer Rackley stated, "Our goal today, 
primarily is to describe the program for your information 
and as well as to distribute. information. What we are 
seeking from you is your approval to make a more sub- 
stantive proposal to continue the research so that we 
have the adequate background to, in fact, make a final 
proposal. I feel that where we are now is what we can 
do in terms of preliminary research." 



Commissioner Murphy suggested another meeting with Officer 
Rackley, Dr. Hatcher, Dr. Evenstine, Mr. Boden, Chief 
Gain, and any other appropriate persons before the Commis- 
sion makes a final decision in this matter. 



RESOLUTION NO. l8l-76 



STATUS REPORT IN THE MATTER OF SERGEANT WILLIAM T. 
LOGAN, NARCOTICS BUREAU 

WHEREAS, the status report in the matter of 
Sergeant William T. Logan, Narcotics Bureau, was called; 
and 



- 266 - 



WHEREAS, on Friday, April 30, 1976, Ser- 
geant William T. Logan was sentenced" by Honorable Alfonso 
Zirpoli, Judge of the District Court for the Northern 
District of California, for violation of two serious 
felonies; and 



WHEREAS, because of said sentencing, the dis- 
ciplinary charges by the Department against Sergeant 
Logan must be immediately resolved; therefore be it 



RESOLVED, that disciplinary charges filed 
against Sergeant William T. Logan, on Saturday, April 3, 
1976, will be heard on Friday, May 7, 1976, at 1600 
hours, in the Police Commission Hearing Room, Room 
551, Hall of Justice. 



AYES: Commissioners Ciani, Gallegos , Hall, 
Murphy, Siggins 



RESOLUTION NO. 180-76 



STATUS REPORT IN THE MATTER OF INSPECTOR GEORGE T. 
POHLEY, NARCOTICS BUREAU 



WHEREAS, the status report in the matter 
of Inspector George T. Pohley, Narcotics Bureau, was 
called; and 

WHEREAS, on Friday, April 30, 1976, Inspector 
George T. Pohley was sentenced by Honorable Alfonso Zirpoli, 
Judge of the District Court for the Northern District of 
California, for violation of two serious felonies; and 



WHEREAS, because of said sentencing, the dis- 
ciplinary charges by the Department against Inspector 
Pohley must be immediately resolved; therefore be it 



RESOLVED, that disciplinary charges filed 
against Inspector George T. Pohley, on Saturday, April 
3, 1976, will be heard on Friday, May 7, 1976, at 1600 
hours in the Police Commission Hearing Room, Room 551 s 
Hall of Justice . 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 182-76 



HEARING OF POLICE OFFICER GREGORY J. CLONEY, CENTRAL 
POLICE STATION. . 

WHEREAS, the hearing of Police Officer 



- J. 1/ / - 



Gregory J. Cloney, Central Police Station, was called, 
it having been set for this date; and 



WHEREAS, Police Officer Gregory J. Cloney 
submitted a letter to the Police Commission requesting 
a continuance of two weeks in this matter in order that 
he may secure legal counsel; therefore be it 



RESOLVED, that the date for the hearing of 
the disciplinary charges filed against Police Officer. 
Gregory J. Cloney is set for Wednesday, May 19, 1976 
at 5:30 pm. , in Room 551, Hall of Justice. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



MR. J. WILLIAM ROBERTS RE REQUEST FOR PUBLIC CON- 
VENIENCE AND NECESSITY PERMITS 



Mr. Roberts appeared before the Commission 
and briefly discussed his proposal for the operation 
of certain innovative Public Convenience and Necessity 
Vehicle for Hire Permits. 



Commissioner Murphy stated that the Commission would 
like to have his proposal in a written presentation. 
For example, how he would finance it, who would be 
responsible, what kind of insurance would he carry, 
the kind of service he would provide immediately as 
in contrast as to what might develop in the future. 
Also if there would be other kinds of permits needed 
if the proposed operation called for some kind of 
charitable contributors. She further stated that the 
items called for above would be very helpful and the 
logistics of how he intended to do it, given in a 
succinct manner, would expedite the Commission's 
analysis of his proposal. 



RESOLUTION NO. 183-76 



FRANK 0. BARCUS 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Frank 
0. Barcus against the City and County of San Francisco 
in the sum of $22.00 as the result of a faulty tow, 
be, and the same is hereby approved. 



Date of Incident: December 12, 1975 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



- 268 - 



RESOLUTION NO. 184-76 
BENJAMIN F. BLOUNT 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Benjamin 
F. Blount against the City and County of San Francisco 
in the sum of $45.00 as the result of a faulty tow, 
be, and the same is hereby approved. 



Date of Incident: January 20, 1976 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 185-76 



ROBERT A. CIREMELE 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Robert 
A. Ciremele against the City -and County of San Francisco 
in the sum of $239.08 as the result of a collision 
with a police vehicle, be, and the same is hereby 
approved. 



Date of Accident: February 21, 1976 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 186-76 



SHIRLEY B. ERGONENC 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Shirley 
B. Ergonenc against the City and County of San Francisco 
in the sum of $18.00 as the result of a faulty tow, be, 
and the same is hereby approved. 



Date of Incident: January 1976 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggjns 



U-i 



'69 - 



RESOLUTION NO. 187-76 
ROBERT W. DANIELS II 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Robert 
W. Daniels II against the City and County of San 
Francisco in the sum of $153-99 as the result of 
damages sustained, be, and the same is hereby approved 



Date of Incident: January 27, 1976 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 188-76 



DAVID R. FRANK 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of David 
R. Frank against the City and County of San Francisco 
in the sum of $21.00 as the result of a faulty tow, 
be, and the same is hereby approved. 



Date of Incident: November 5, 1975 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 189-76 



PAULA S. HERLICY 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Paula 
S. Herlicy against the City and County of San Francisco 
In the sum of $23.00 as the result of a faulty tow, 
be, and the same is hereby approved. 



Date of Incident: November 23, 1975 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



270 - 



RESOLUTION NO. 190-76 



CHARLES LA CHAPELLE 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Charles 
La Chapelle against the City and County of San 
Francisco in the sum of $18.99 as the result damages 
sustained* be,, and* the same is hereby approved. 



Date of Incident: January 1, 1976 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, SIggins 



RESOLUTION NO. 191-76 



LUXOR CAB COMPANY 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Luxor 
Cab Company against the City and County of San 
Francisco in the sum of $167-50 as the result of 
damages sustained, be, and the same is hereby ap- 
proved . 

Date of Incident: December 27, 1975 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 192-76 



LUXOR CAB COMPANY 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Luxor 
Cab Company against the City and County of San 
Francisco in the sum of $333.88 as the result of 
a collision with a police vehicle, be, and the same 
is hereby approved. 



Date of Accident: February 14, 1975 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



271 



RESOLUTION NO. 193-76 
CHARLES L. ROBERTSON 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Charles 
L. Robertson against the City and County of San 
Francisco in the sum of $18.00 as the result of a 
faulty tow, be, and the same is hereby approved. 



Date of Incident: October 10, 1Q75 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 19^-76 



CHRIS D. ROMAN 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Chris 
D. Roman against the City and -County of San Francisco 
in the sum of $18.00 as the result of a faulty tow, 
be, and the same is hereby approved. 



Date of Incident: January 12, 1976 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 195-76 
STEPHANIE L. SALES 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Stephanie 
L. Sales against the City and County of San Frano-isco 
in the sum of $30.00 as the result of a faulty tow, be, 
and t>he dame is hereby approved. 



Date of Incident: January 28 to February 3, 1976 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



- 272 - 



RESOLUTION NO. 196-76 



DALE CHARLES WATAZYCHYN 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Dale 
Charles Watazychyn against the City and County of 
San Francisco in the sum of $^98. 00 as the result 
of a collision with a police vehicle, be, and the 
same is hereby approved. 



Date of Accident: November 2, 1975 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



RESOLUTION NO. 197-76 



YUE SEE CHAN 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Yue 
See Chan against the City and County of San Francisco 
in the sum of $60.00 as the result of damages sustained, 
be, and the same is hereby approved. 



Date of Incident: October 8, 1975 



AYES: Commissioners Ciani, Gallegos, Hall 
Murphy, Siggins 



RESOLUTION NO. 198-76 

KENNETH P. SECOR 

RESOLVED, that the recommendation of the 
City Attorney for settlement of Small Claims Action 
No. 320-796, in the sum of $12.00 as the result of 
a faulty tow, be, and the same is hereby approved. 

Date 6'f Incident: December 1, 1975 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



- 273 



RESOLUTION IIP. 199-76 



WILLIAM ROBINSON, JR. 



RESOLVED, that the recommendation of the 
City Attorney for settlement of litigation of William 
Robinson, Jr., in the sum of $20,000 in Superior Court 
Action No. 597-236 entitled "William Robinson, Jr., vs. 
City and County of San Francisco," as the result of dam- 
ages sustained, be, and the same is hereby approved. 



Date of Incident: May ]3, 1968 



AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Sjggins 



WEEKLY SICK REPORT 



Chief Gain submitted a report of members 
of the Department off duty due to sickness and dis- 
ability for the week ending Saturday, May 1, 1976 at 
2400 hours, as follows: 



Daily average for the week sick ' 48 
Daily average for the week disabled 123 

TOTALS 171 



PREVIOUS WEEK 
37 
119 



156 



This is an increase of fifteen (15) members off duty 
daily from the previous week. 



Daily percentage for the week sick 2.64 
Daily percentage for the week disabled 7.02 

TOTALS 9.66 



PR EVIOUS WEEK 

1.99 
6.82 



8.81 



Disabled at start of week 
Started during the week 
Returned during the week 
Disabled at the end of week 
Net Gain or Loss 



117 

17 

8 

126 
+9 



Sick and Disabled 
for week ending Saturday 
April 3, 1976 at 2400 
hours : 



Daily average for 

the week sick 



50 



Sick and Disabled 
for week ending Saturday 
April 23, 1975 at 2400 
hours : 

Daily average for 

the week sick 56 



- 274 - 



Daily average for 

the week disabled 127 



TOTALS 177 



Daily average for 

the week disabled 72 



128 



Daily percentage for 

the week sick 2.72 

Daily percentage for 

the week disabled 7.19 



TOTALS 



9.91 



Daily percentage for 

the week sick 2 .97 

Daily percentage for 

the week disabled 3.96 



6.93 



The report was ordered filed. 

AYES: Commissioners Ciani, Gallegos, Hall, 
Murphy, Siggins 



The Commission then adjourned its meeting. 




DOCUMENTS 

MAY 1 7 1975 
7 may 1976 mmmm special meeting 






Hi 'h u U i 



The^Police Commission of the City 
and County of^n Prancsco met in their chambers, 
Room 551, Hall of Justice, 850 Bryant Street, on 
Friday, May 7, 1976 at 1600 hours ,' in Special 
Session . 



PRESENT: Commissioners Ciani, Hall, Murphy, 
Siggins 



ABSENT: Commissioner Gallegos 
Commissioner Siggins presiding. 



The members of the Commission, having 
been furnished copies of the minutes of the Special 
Meeting of May [ \ , 1976, reading of same was dispensed 
with and the minutes were approved. 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

NOT VOTING: Commissioner Gallegos 



RESOLUTION NO. 200-76 



SERGEANT WILLIAM T. LOGAN, NARCOTICS BUREAU 



WHEREAS, Sergeant William T. Logan, Narcotics 
Bureau, was suspended without pay by Chief of Police 
Charles R. Gain, from Saturday, April 3, 1976 at 0001 
hours, and terminating on Wednesday, April 14, 1976 at 
2*100 hours, pending hearing before the Police Commission 
on charges to be filed against him; and 



WHEREAS, on April 6, 1976, Sergeant Charles 
E. Hoenisch, Acting Commanding Officer of the Narcotics 
Bureau, made and served charges against Sergeant William 
T. Logan, reading as follows: 



SPECIFICATION NO. 1 



Conviction of a felony (Violation of 
Section 2.13 of the Rules and Procedures 
of the San Francisco Police Department) 



WHEREAS, the Police Commission set Friday, 
May 7, 1976, as the date for the hearing on charges 



- 276 - 



filed against Sergeant William' T. Logan; and 



WHEREAS, Chief of Police Charles R. 
Gain was informed of the retirement of Sergeant 
William T. Logan, said retirement effective May 
6, 1976 at 2^00 hours, which retirement notification 
was received with the condition that the services 
of Sergeant William T. Logan have been unsatisfactory, 
and that he does not retire in good standing; therefore 
be it 



RESOLVED, that the charges of violating 
the Rules and Procedures of the San Francisco Police 
Department filed against Sergeant William T. Logan, 
be, and the same are hereby continued off calendar. 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 



NOT VOTING: Commissioner Gallegos 



RESOLUTION NO. 201-76 



INSPECTOR GEORGE T. POHLEY, NARCOTICS BUREAU 



WHEREAS , Inspector George T. Pohley, Narcotics 
Bureau, was suspended without pay by Chief of Police 
Charles R. Gain, from Saturday, April 3, 1976 at 0001 
hours, and terminating on Wednesday, April 14, 1976 
at 2^00 hours, pending hearing before the Police Com- 
mission on charges to be filed against him; and 



WHEREAS, on April 6, 1976, Sergeant Charles 
E. Hoenisch, Acting Commanding Officer of the Narcotics 
Bureau, made and served charges against Inspector 
George T. Pohley, reading as follows: 



SPECIFICATION NO. 1 



Conviction of a felony (Violation of 
Section 2.13 of the Rules and Procedures 
of the San Francisco Police Department . ) 



WHEREAS, the Police Commission set Friday, 
May 7, 1976, as the date for the hearing on charges 
filed against Inspector George T. Pohley; and 



WHEREAS, Chief of Police Charles R. Gain was 
informed of the retirement of Inspector George T. Pohley, 



- 277 - 



said retirement effective May 6, 1976 at 2*4-00 hours, 
which retirement notification was received with the 
condition that the services of Inspector George T. 
Pohley have been unsatisfactory, and that he does 
not retire in good standing; therefore be it 



RESOLVED, that the charges of violating 
the Rules and Procedures of the San Francisco Police 
Department filed against Inspector George T. Pohley, 
be, and the same are hereby continued off calendar. 



AYES: Commissioners Ciani, 
Siggins 



Hall, Murphy, 



NOT VOTING: Commissioner Gallegos 



The Commission then adjourned Its meeting. 



•SECRETARY ^ ' 



- 278 - 



\2 MAY 1976 , REGULAR MEETING 

The^Police Commission of the City and 
County of^San Francisco met in their chambers, 
Room 551, Hall of Justice, 850 Bryant Street, 
on Wednesday, May 12, 1976 at 1730 hours, in regu- 
lar session. 



PRESENT: Commissioners Ciani, Hall, Murphy, 
Siggins 



ABSENT: Commissioner Gallegos DQCUiVS^NT^ 

Commissioner Siggins presiding. 

%£M FRANCISCO 
FUBCfC library 

The members of the Commission, having 
been furnished copies of the minutes of May 5, 1976 
and the Special Meeting of May 7, 1976, reading of 
same was dispensed with and the minutes were approved 



AYES: Commissioners Ciani, Hall,' Murphy 
Siggins 



NOT VOTING: Commissioner Gallegos 



CHIEF'S REPORT TO THE POLICE COMMISSION 



Chief Gain: "Mr. President, members of the Commission, 
I would like to comment on a couple of items, one, we 
have given to you today, a summary of crime for the 
month of April 1976, which shows that in April this 
year, as compared to March this year, we have an 8% 
decrease in the total volume of crime. A: substantial 
decrease in murder, rape, a decrease in robbery, burglary 
and larceny. However, we had increases in automobile 
thefts, some 200 in April over that in March and also 
for aggravated assaults. We feel that in regard to 
the increases in auto thefts, and also in bicycle thefts, 
it is probably attributable to the strike situation for 
lack of transportation. Why we had decreases in the 
other crimes, of course, we don't know. But I feel as 
of the 8% decrease and the volume of crime probably is 
attributable to the result of the phenomenon of the 
strike. It does occur that when we have a strike within 
a' city that the total volume of crime goes down for 
reasons unknown so we are not claiming credit. As ,■• • 1 

you can see by the chart, .of the five year period, 
that whereas the actual offense line has been going rj 
basically up, at least during April there is a down- 
ward trend. And, of course, that was during the period 
of the strike. We would hope of course that the down- 
ward trend would continue but our only future experiences 
would prohibit straight facts of what will happen. . Do 
you have any questions or comments?" 



- 279 - 



Commissioner Murphy: "Do you think it could be pos- 
sible that the Crime Specific Task Force is showing 
this kind of result?" 



Chief Gain: "No. Our feeling is we know this 

that as far as resources are concerned that each day 
we find ourselves with fewer personnel. We now have 
1^7 vacancies. We have 71 vacancies in the rank of 
patrolman, 49 sergeants vacancies, and so on. So as 
far as personnel is concerned, it is getting more 
severe all the time and I anticipate we are going to 
be confronted with that situation for months to come 
with fewer personnel because of retirements and be- 
cause of hiring freezes." 



Commissioner Murphy: "What was the total number of 
vacancies?" 



Chief Gain: "About 1^7 as of Monday. There are more 
now because of retirement. When it comes to a crime 
for example, such as murder, where we have a ^2% de- 
crease in one month, there is no way at all the decrease 
has an influence in regard to murder in arrest of street 
types. It is interesting with the crime of rape that 
there is a 28% decrease and what I speculate is that 
given the strike and the increased hitchhiking that you 
might have more, but that didn't occur. It went just 
the opposite way. So we really can't assign causes 
we don't know, but we do relate it to the phenomenon 
of the strike, because that can occur. Past history 
has shown that when there has been riots within a city, 
within cities, during past years, that during times 
of riot the overall body of crime goes down for some 
reason. So, whatever the reasons, we do have these 
decreases. And of course, it is understandable I think 
in regard to the 205 vehicles stolen in April as com- 
pared to March and the increase in bicycle thefts of 
30 by actual number would be a matter of persons seek- 
ing transportation." 

Commissioner Ciani: "I have a question about why you 
catagorize these grand theft and petty theft crimes in 
this way. I thought that those catagories were related 
to the value of the property stolen. Why do these pick 
pocket, purse snatches, etc., line up this way under 
grand theft and petty theft?" 

Chief Gain: "By law, the act of picking a pocket and 

snatching a purse is a more serious crime, it is grand 

theft by definition of the law and that is why they are 
catagorized that way." 

Commissioner Ciani: "So those terms don't relate to the 
value of the property involed in the cime?" 

Chief Gain: "No. Regardless of value, the other numbers 

of grand theft of course is a value item, over a certain amount 

is grant theft and petty theft is under a certain amount 



- 280 - 



according to state law that is why they are catagorized 
in that way. Taking or snatching a purse without regard 
to value is a serious crime." 



Commissioner Ciani : "How often will we get this report?" 

Chief Gain: "Monthly. We are endeavoring to do a 
more in depth analysis of crime as demonstrated by the 
report this month and the report we had last month. 
And in>- the future we want to hve a more in depth anal- 
ysis. For example, now, because arrest figures and 
current figures come in late, we can't include them in 
this report, but in the future, we hope to give you a 
copy of the incident reports so that you will know what 
number of arrest were made during a given. month com- 
pared to the previous month, year to date compared to 
last year to date. So we will be doing this every month. 
That is why I would identify this as a Crime Index 
Offense Summary for April, so I will have that for 
every month in the year." 



Commissioner Ciani: "Could you relate this to the Crime 
Specific Task Force in any way?" 



Chief Gain: "Not that we know of, no. We know that in 
regard to the Crime Specific .Task Force that in specific 
geographical areas where they work, it was dramatically 
demonstrated, for example, in February, we had decreases 
in strongarm robbery and purse snatches which we contri- 
bute to their work because the areas where they worked, 
there had been these crimes and they have increased, 
though when it comes to the overall increase in volume 
here, no, we can't at this time contribute it to them. 
There will be more analysis and we will know specifically 
what they did accomplish. But they were not responsible 
for the decreases as shown here overall, some parts per- 
haps, but we don't have an analysis as yet." 



Commissioner Ciani: "Are you planning to make another 
report on the progress of the Task Force?" 

Chief Gain: "Yes, we don',t have a target date for it. 
Right now we have decreased the the numbers of the task 
force and we will probably be needing to somewhat tenuously 
be decreasing numbers because as we realize vacancies in 
the patrolman rank now at 71 and those officers are com- 
ing basically from district stations. So, we are finding 
ourselves taking men from the Task Force and putting them 
into the district stations. So we can see the day perhaps 
relatively soon where the Task Force will be reduced 
perhaps to 50 or 60 personnel, which will be to the 
absolute minimum because that will include the Horse 
detail, the Bomb Squad and a few other intrigal func- 
tions in the Task Force that are stable. But as far 
as additional numbers of patrolmen being put there, there 
was 150 Inspectors or whatever, now It is down to about 
120, so we are continuously having to transfer them out. 



281 - 



The principle being in the policing business is that 
the first thing that we have to do is to insure that 
with the resources we have is that we do assign them 
to respond to call for services 24 hours a day to 
specific geographical areas of the city. So, if we 
get short of personnel we are not going to have a 
Task Force to assign to these geographical areas that 
are experiencing serious crime unfortunately. And 
during our severe problem we are having in manpower, 
which is going to worsen, we are going to be in dire 
straights as far as providing the quantity of services 
as we have heretofore. It's a budget matter because 
of the financial contraints of the city. So our ob- 
ligation would be of course, which we will endeavor 
to fulfill, is to provide the most effective and effi- 
cient services that we can given the resources we have 

Commissioner Murphy: "I noticed on the big 19 that 
there were several rapes reported that occurred in 
doorways and really almost on the street, if not 
actually on the street, and I wondered If you had any 
more patrolmen on the street that might also account 
for a little bit of this decrease in the number of 
rapes . " 



Chief Gain: "It might." 



Commissioner Murphy: " We wou ld know for example, next 
month, if crime decreases again that the decrease is 
not due to the strike, it would be for some other rea- 
son, would it not?" 



Chief Gain: "We are only speculating now that the 
only variable that we can identify for the month of 
April was the strike . We had the Task Force and 
the police personnel, we were doing the same things, 
the weather was about the same, etc., so that was 
a variable of the strike. So that is why we kind 
of attribute it to the strike. We just don't know- 
That is the nature of the business, now if it goes 
down this month, then we will get our different rea- 
sons for it. The idea, I suppose, would be to have 
a more law abiding citizenry." 



Commissioner Siggins : "Chief, on this summary that 
we have here, is It taken on the same thing as that 
Cable printout that we have been receiving?" 



Chief Gain: "It is not the same thing, but it is in 
more detail than the Cable summary. The Cable summary 
left out certain parts. It left out thefts under $50." 



Commissioner Siggins: "Then. this Is really a much 
more workable thing for the lay person to look at." 



282 - 



Chief Gain: "Oh yes, what we tried to do, as you 
can see there, : there is much more detail in break- 
down here. As I recall, Cable summary had the prin- 
ciple catagory of Murder, Rape, Robbery, Burglary, 
but it didn't have the sub-catagories . So that we 
now can look at the sub-catagories and find out whether 
it's a burglary of an apartment house, hotel, residence, 
store or whatever, so it gives us more information. We 
are now distributing these to district stations so that 
Captains and other personnel in the districts will 
know what the crime experience has been." 

The other thing that I wanted to comment on, we haven't 
discussed it here, as you know we have been evaluating 
functions in order to insure to the extent that we can 
that our policemen are out on the street as opposed to 
other type activities. Hence, we have been evaluating 
P.A.L., the Fishing Program and Camp High Sierra and 
it has been in the Newspaper and I just wanted to relate 
it to you and answer any questions you may have. These 
programs are worthwhile and what it really amounts to, 
Camp High Sierra for example, has been in effect since 
about 1969, but it has required the full time assign- 
ment for one month of about six police officers who 
have to come from off the street for one month and there 
are different officers each week. The fishing program 
heretofore has involved about 2 or 3 sergeants about 
three patrolmen off the street to engage in a fishing 
program. Now what we have explored with Camp High 
Sierra, is to get volunteer policemen to participate. 
We talked with the Police Officers' Association and 
that Association was willing to undertake the task 
which I feel was very commendable, of seeking volunteer 
policemen to go to Camp High Sierra. In fact, they 
were going to pay them somer money as a salary if the 
policemen would take vacation time or compensatory 
time and volunteer for a week. We found however, in 
talking to the Marine Corp., which has worked properly 
with the police department in running Camp High Sierra, 
that their Charter is as they call it, requires not only 
a full commitment of the police department, but the assign- 
ment of on duty personnel , hence , they cannot under the 
present Charter, engage in the program if the personnel 
is voluntary because they would not be insured because 
their commitment runs up into the thousands of dollars 
and many personnel. They coulri not be assured that if 
there were volunteer policemen going up there as opposed 
to being assigned, that they would each day have the 
required number or perhaps that those who volunteered to 
go up would remain there. Those are the unknowns. So, 
in talking with the Marine Corp., persons involved, they 
cannot engage in the program with volunteers. I feel 
we cannot afford to take six persons off the street, 
policemen, because of our dire need to provide basic 
police services. Hence, we are now talking to an organ- 
ization known as the Guardsman and they are involved in 
worthwhile activities such as sending children to camps. 
And it appears that the Guardsman are willing to under- 
take sending the youth to camp and it will not involve 
policemen. The Police Department may well be involved 
in identifying the youths who would go and then the 
Guardsman would take over getting them to the Camps and 
all of that program. So, in a word then, it would get 
the on duty police out of the business of doing that. 



283 - 



In regard to the fish'ing program, the Police Officer's 
Association have again volunteered to undertake the 
recruiting of police officers on a volunteer basis so 
that we will not have to assign two 'or three sergeants 
and patrolmen on duty. So, in a word then, although 
the programs are worthwhile, I've spoken about the 
present personnel restraints ?.±a trying to get volun- 
teer policemen to PAL., to POA or to get private organ- 
izations such as the Guardsman involved so that you 
don't have to send on duty policemen. We might have 
one staff member in the Community Relations Unit or 
two perhaps, to be the ones who would relate to com- 
munity groups to determine which youth would go to 
the summer camp programs through the auspices of the 
Guardsman. Once a youth is identified, then the Guards- 
man would be the ones who would identify what camps 
they would go to and so on. So the police involvement 
would stop at the point perhaps of identifying who would 
go in cooperating with the Guardsman. So no policemen 
would be going out of the City or anywhere involving 
Camp Activities. What it amounts to is that under the 
Guardsman 400 younsters would go for two weeks at a 
cost of approximately $25,000 and under the Camp High 
Sierra figures, 400 went for one week at a cost of 
about $25,000. The Camp High Sierra figures ^00 for 
one week does not include the Marine Corp., cost and 
the wages paid police personnel. In a word, the numbers 
may be less, we won't know yet. And we are still explor- 
ing with that as to what the net result is going to be, 
but the essential factor, the determining factor in my 
judgment is our ability ,.... can we afford to assign 
on duty personnel which with the fishing program plus 
Camp High Sierra would be about 12 policemen who would 
come off the street . Ten policemen would staff a car 
for example or a beat . " 



Commissioner Ciani: "I am wondering whether there is 
some middle ground so that you could increase the total 
number who will have this camp experience by taking advan- 
tage of the fact that there may be policemen who would 
do it on a volunteer basis. Would that increase the num- 
ber that the Guardsman would take?" 

Chief Gain: "That's a good idea, but what I am told 
is that getting policemen to do it on a strictly volun- 
teer basis is not much of a potential, at all, on a 
strictly volunteer basis. That's been the experience 
I am told in the police department, very difficult, 
particularly in the Camp High Sierra Program where an 
officer would be there for one week which would require 
that he take vacation time or compensatory time to do 
that. That's quite a sacrifice in fact. Now the fishing 
program of course, amounts to policemen, if they volun- 
teer for that, being there from 6 o'clock in the morning 
on a given day to 2 o'clcock In the afternoon. A short 
term relation. So the Pishing Program, I don't think we 
have a problem at all. The POA is going to do the recruit- 
ing." 

Commissioner Siggins: "It appears that you are giving it up." 



- 284 - 



'"1 



Chief Gain: "We are really not giving it up, what 
we hope to do now in regards to that civilian sell, 
which is really to have them be the -ones that would 
take care of sending the youths to the Camps. So 
the youths are still going to go. It may be a question 
of what numbers go as compared to what numbers want 
to Camp High Sierra. So right now it is not a matter 
of giving up, it is just trying to work men on a vol- 
unteer basis and really get us out of the business 
of on duty police personnel going to these camps and 
being involved full time, we simply can't afford it." 



Commissioner Ciani : "How were the youth that the 
police department has previously channeled into this 
Camp High Sierra selected?" 



Chief Gain: "Oh I don't know what detail, I think it 
has been from neighborhood. ... Community Relations Bureau 
has done it. A sergeant has been involved and a patrol- 
man, and it has been going on for a number of years now, 
I think they relate with Community Groups, basically to 
the poor and underprivileged children. So they have 
numbers of names of groups now that they have been relat- 
ing to so that is how the names are acquired. I have had 
all of the in depth knowledge on it." 



Commissioner Murphy: "Would, this take the place of the 
Guardsman on going program, which of course, they have 
been doing for years too?" 



Chief Gain: "It would be right .within the framework 
of that on-going program. They would assume this respon- 
sibility as a part of their on-going program." 



Commissioner Hall: "Have you explored the possibility 
of involving retired policemen in the program to keep 
it going? ' I would like to keep the program going but 
also relate it to the police department . What about the 
Community workers in the Community Relations in the 
Districts?" 



Chief Gain: "That was discussed, bringing in retired police- 
men and I don't know as to what extent that has been explored. 
We've also entertained as an alternative, our police re- 
serve personnel. They are going to be queried as to 
whether they would be willing to volunteer." 

Commissioner Murphy: "How about PAL activities?" 

Chief Gain: "Well PAL activities are going to be on 
going, we are just evaluating how many persons are |^ 

in that program. One facet of the PAL operation that 
we are exploring right now is in the Chinese Community 
there is a recreation center that is provided by pri- 
vate concerns, they pay the rent, they furnish the 
facilities and we have had Sinee about 1969, a patrolman 
assigned full time to that which is basically a recrea- 
tional activity. So now we are evaluating the appro- 
priateness of that type of assignment because the in- 



- 285 - 



dividual who has been working in it is retiring. We 
are evaluating the worthwhileness of it for that re- 
creational center is only two or three blocks from 
the District Station. So we just evaluate whether 
that should go on or not in a very objective and open 
minded way, not with the thought of ending it, but 
with the thought -that it is a private recreational 
center and is it appropriate and worthwhile to have 
a full time police person assigned there." 



Commissioner Ciani: "Chief, would it be possible for 
some of the Cadets to meet the objections of the Marine 
Corp?" 



Chief Gain: "Not the Marine Corp., I talked with the 
Colonel this afternoon and according to the Charter 
as they identify it in which it has approval from 
Washington, D.C., Marine Corp. Headquarters, that it 
has to be sworn, full time police officers involved 
in that program and the way it stands with the Colonel, 
I might call him back tomorrow at about 10 as to whether 
we are going to continue with them, but it appears now 
that we simply cannot, because of personnel restraints. 
And I am not saying at all by this that the youth aren't 
going to benefit by Camp experience because I think they 
will with the Guardsman there may be perhaps a question 
of number. Presumably what the Guardsman would do is, 
they would take over the solicitation of private busi- 
nesses that the police department has done heretofore. 
The Marine Corp provided a lot of equipment and facil- 
ities and a substantial number of Marine Corp personnel 
to run Camp High Sierra, As far as funds raised for 7^/75 
fiscal year, there was $8,000 dollars provided to the Mayor's 
office for transportation cost, rental of horses, through 
the Mayor's office $3,000, these are round figures, and 
then raised by letters of solicitation $9,000 dollars, 
raised by Raffle ticket sales in connection with the 
Gay/Police Softball game $3,000, Community Service Fund 
$500 dollars, the Milk Refund from the State $400,and 
then $100 or so carried over for a total of about $25, 
682 dollars funding for the 75 total amount. I think 
there is another issue involved in here that should be 
discussed and that is the, one, reasonableness of using 
policemen for these type activities when we need them 
so badly on the street , direct primary police services 
and then secondly, measureably what results from having 
policemen involved in what are basically recreational 
programs. Camp High Sierra and some other types of pro- 
grams. The theory is that personal contact between 
police and youth and these recreational-type activities 
engenders better youth-police-youth relationships. I 
question that measureably, it may well be probably in 
fact is, a case where in Camp High Sierra when we have 
6 or 7 policemen up there that they do engender the rela^ 
tionship with the youth. There is rapport established. 
But then is there a transfer as regards td all' other' Ipolice 
department personnel? So in a word, a youth who- goes to 
camp when he gets back, does he see in all uniform per- 
sonnel the same type individuals with whom he related 
as policemen up in Camp High Sierra, is very questionable M;i 
in my judgment that that does occur. Now the programs 
are worthwhile. Not the theory of crime prevention for 
example measureably, you can't measure, I don't think 
ever that crimes, are, prevented, from, that . -TherUl -am 
quite convinced myself that the affecting of desirable 
relationships between policemen and youth and adults 
within our city has to be accomplished in our day to day 



- 286 - 



activities as police officers. So that every police- 
man from the Chief of Police down to the newest pat- 
rolman must be the community relations, so when we 
are out there relating with people that we do it in such 
a way as to provide the police service and do it in 
such a humanistic way to the extent that we can so 
that we can establish the best rapport that we can. 
That ends my report." 

Commissioner Siggins : "Thank you, Chief." 



POLICE COMMISSION DISCUSSION REGARDING PLANS FOR 
HOLDING PUBLIC HEARINGS ON THE BAR ASSOCIATION'S 
CITIZEN COMPLAINT PROCEDURES. 



Commissioner Siggins : "Well, we haven't heard from 
the City Attorney, have we Chief?" 

Chief Gain: "No sir, in fact, I was told yesterday 
that the City Attorney's Office anticipates that it 
will take two more weeks, at least, before their opin- 
ion is forthcoming because it was stated that the 
Bar Association Proposal impacts upon some of the 
different provisions of the Charter." 



Mr. Tom Gee, appearing on behalf of the Bar Associa- 
tion: "On behalf of the Bar, I would like to say 
that we would encourage the Police Commission, in 
anticipation that the Opinion would be available in 
about two weeks, you would schedule the first hearing 
shortly thereafter. We realize that there are some 
questions in the Charter regarding whether the pro- 
posal, as it is now set out, can be implemented ex- 
actly as it is, but we feel that if the City Attorney 
should find or the Commission should decide that 
some change would be necessary, probably changes could 
be made that would accommodate the Charter require- 
ments or if necessary or charter amendment ■ could be, 
sought . We have heard of the immense interest in 
this and public support and we feel that it is such that 
even if the City Attorney were to issue an opinion in 
which there might be some difficulty, we feel it is 
important that the Police Commission hold full hearings 
on this important question. And it is no douht in 
our minds that any of the elements and features of this 
proposal could be adopted no matter what the Opinion 
is." 



Commissioner Siggins: "I would think that we would 

spend two days just talking about the Charter and j 

the problems. It would be just a waste of time if 

we can't get them out of the way so we could zero '[ t J 

in on the proposal." 

Chief Gain: "Mr. President, if I may, I recommended 
last week and I would restate the recommendation that 



- 287 - 



we do await the City Attorney's Opinion before we set 
public hearings. I recognize there is a strong com- 
munity interest and there is interest within the Police 
Department too of course, and its personnel. But it 
may well be when we get that City Attorney's Opinion 
that it would so affect the Bar Association Proposal 
that the appropriate thing for the Commission to do 
perhaps would be to communicate with the Bar Associa- 
tion and give them a copy of the City Attorney's Opin- 
ion and tell them that their propsoal has been before 
them and will not legally stand, therefore perhaps call- 
ing for a re-writing of their proposal which would 
square with the legal issue." 



Mr. Gee: "We are prepared to be here on any Saturday 
that the Commission wishes to hold hearings, but I 
just feel that with the onset of summer, it is healthy 
to set a date that we can look forward to, it would 
be a healthy way to proceed." 



Chief Gain: "We can set it for June 12th and carry 
it each week on the Calendar so that we can kepp dis- 
cussing it in light of the forthcoming opinion." 



Mr. Amitai Schwartz, member of the Committee who pro- 
posed the Bars recommendation: "I just wanted to 
make three points, first of all, I am not sure that 
the City Attorney's Opinion is going to solve all the 
problems. The legal problems. The reason I say that 
is because reasonable people and reasonable lawyers 
can differ on some issues. It happens all the time. 
You can get two judges who will differ and at some 
point there is a policy question that ultimately may 
result in no reason they should test certain questions. 
The City .Attorney may come up with an opinion the 
Bar Association may feel that there is a different 
view on the same questions, so it may solve some of 
the problems in the clear cut issues but it may not 
solve all of them. The other point that I want to 
make is I think that the principal legal issues are 
really involved in one section of that proposal and 
that is the creation of a special office for which 
our proposal calls an office of Citizens Complaints. 
The proposal that we submitted is 26 pages long and 
it has a lot of information and it has a lot of pro- 
cedures in there dealing with various types of issues 
having to do with Citizens Complaints against police. 
There is fact finding, there is an awful lot to dis- 
cuss and I think that for the most part, the legal 
issues that are, if you want to call them problems, 
I think are pretty much confined to one area. What 
I am trying to encourage is that there ought to be 
exploration of the other issues that are proposed in 
the proposal as well, it is just the creation of that 
particular office and I think that a lot of people 
are going to have things to say on that. To hold 
the discussions up too long just because we are wait- 
ing for one opinion and I realize it is an important 
opinion on one section, seems to me is to hold it up 
too long. I just want to make only one other point 
and that is this is really only one proposal, there may 
be other people in the community who have other pro- 



- 288 - 



posals and we really .don't know, this is on the floor 
but there may be others on the floor instead." 



Commissioner Siggins : "We said we were going to have 
hearings on it. Did you, in drafting this, consider 
the Charter at all?" 



Mr. Schwartz: "There was consideration given to that, 
yes . " 



Commissioner Ciani: "I would make the same comment 
that I think you are implying (Commissioner Siggins) 
I am really surprised that the Bar Association pre- 
sented this to us with inherent legal problems with- 
out at least briefing these issues, or telling us 
that there might be a problem here and that they have 
an opinion, that this does not violate the Charter. 
It's not really a thorough job when it comes to us 
if it has these problems in it and it's not really 
worthy of the Bar Association to present that kind 
of thing. If you can do it now, then you might be 
able to crystallize some of this for us so that we 
don't sit around on our hands for two weeks waiting 
for the City Attorney. We haven't, independently, 
done any research on what the resolution of these 
issues should be, so I don't think we can be blamed 
for the delay when the problem was in the proposal 
when it was e-iven to us." 



Commissioner Hall: "Maybe I had the wrong under- 
standing about the proposal. I thought the pro- 
posal was just a discussion stimulated it's not the 
plan when it goes through the Citizens participation 
process only God knows what will come out at the end. 
So we are not presenting it in a finalized manner so 
that we are going to vote on it one way or the other, 
I thought it was just to get our minds working on a 
situation that we think is critical." 



Commissioner Murphy: "If I may, I think this adds to 
what Commissioner Ciani just said. You have three lay- 
men on this Commission also. We are not lawyers but 
we are literate, we can read and it seems to me that 
Commissioner Hall had a very great idea in point and 
that is there is a question, the proposal could be 
laid out in italics or parenthesis or some way and 
I have seen a great deal of manualese done this way. 
You put besides the question th'e legality if it's a 
Charter, there may be a Charter provision that negates 
this in this way or that way but we believe as a Bar 
Association that it is this way and this way. This 
would lay it out to not only us who are laymen but 
for those other people that are looking at this, other 
citizens who are also looking at this. And I think it 
would give us a better idea of what we are really 
accepting or rejecting. And I think both are important 
now. " 

Commissioner Siggins then stated that the Commission 
would set a tentative date of June 12, 1976, to com- 



- 289 - 



mence holding hearings on the Bar Association's 
Citizens Complaints Procedures. 



SAN FRANCISCO ADMINISTRATIVE CODE, CHAPTER 10B, CON- 
SIDERED FOR DISCUSSION RE POSSIBLE NON-COMPLIANCE 
WITH ITS PROVISIONS, CONTINUED FROM APRIL 28, 1976 - 
OFF CALENDAR. 



Commissioner Ciani thanked the people responsible for 
the very thorough reports submitted to the Commission 
on this matter. 

AYES: Commissioners Hall, Murphy, Siggins 

NOT VOTING: Commissioner Gallegos 

TRANSFER OF JITNEY BUS PERMIT - APPROVED 



The matter of the transfer of the right to 
operate a jitney bus by the following-named person 
was called, it having been advertised in the official 
newspaper in accordance with the provisions of ordinance 
applying thereto. The transferor and transferee appeared 
in person and was not represented by counsel. The Com- 
mission approved the transfer of whatever right, title 
or interest that the within-named transferor might have 
to operate a jitney bus to the within-named transferee; 
said approval contingent upon the transferee filing 
with the Police Commission the appropriate bond and/or 
insurance policy as provided by the Police Code : 

TRANSFEROR TRANSFEREE NO. OF PERMITS 

William F. Bode Harry F. Bode 1 

463 Paris Street 463 Paris Street 

San Francisco, Calif. San Francisco, Calif. 

Route: Mission Street - Ferry to Sickles AVenue . 



AYES: Commissioners Ciani, Hall, Murphy 
Siggins 

NOT VOTING: Commissioner Gallegos 



RESOLUTION NO. 202-76 



HEARING ON REQUEST FOR EXTENSION OF TIME TO ACTIVATE 
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (JITNEY 
BUS PERMIT) - APPROVED 



WHEREAS, the hearing on the request for an 
entension of time to activate the jitney bus permit 
of Mr. Jorge Arrospide was called, it having been set 
for this date; and 



290 



WHEREAS, Mr. Arrospide appeared in person 
and stated that because of personal financial diffi- 
culties, he needed an extension of eight months to 
activate his jitney bus permit; therefore be it 



RESOLVED, that the request of Mr. Jorge 
Arrospide for an extension of eight (8) months to 
activate his jitney bus permit, be, and the same is 
hereby approved. 



AYES: Commissioners Ciani, Hall, Murphy, Siggins 
NOT VOTING: Commissioner Gallegos 

RESOLUTION NO. 203-76 



AUTHORIZING THE CONTROLLER TO ENTER INTO A CONTRACT 
WITH THE STATE OP CALIFORNIA TO REIMBURSE THE CITY 
AND COUNTY OF SAN FRANCISCO FOR MONIES EXPENDED FOR 
THE PROTECTION AND CUSTODY OF A WITNESS IN A CRIM- 
INAL MATTER. 



WHEREAS, there was a series of street 
homicides in San Francisco in 1973-7^ (The Zebra 
Case ) ; and 



WHEREAS, a citizen witness came forth who 
could and did identify the killers; and 



WHEREAS, it was necessary to protect the 
citizen witness from reprisal; and 



WHEREAS, the witness was a State prisoner; 
and 



WHEREAS, jail facilities could not be used 
to house the prisoner-witness due to the possibility 
of harm from toher prisoners; and 



WHEREAS, the City and County of San Francisco 
did provide around-the-clock security as well as certain 
necessities of life outside the prison setting; and 



WHEREAS, the total cost of this security 
and other costs was $126,903.05; and 



WHEREAS, the California Department of Correct- 
ions has agreed to reimburse the City and County of San 
Francisco in the amount of k<d% or $50,761.22; and 



WHEREAS, as a condition of reimbursement, the 
Department requires that the Board of Supervisors author- 
ize the Controller t6 sign the attached contract. 

NOW, THEREFORE BE IT RESOLVED, that the Baord 
of Supervisors of the City and County of San Francisco 



- 291 - 



approve the attached 'contract with the State of Cali- 
fornia Department of Corrections; and be it 

FURTHER RESOLVED, that the Board of Super- 
visors authorize the Controller to sign the contract 



AYES: Commissioners Ciani, Hall, Murphy, Siggins 
NOT VOTING: Commissioner Gallegos 

RECOMMENDATIONS OF THE TRAFFIC BUREAU 

RESOLVED, that the recommendations of the 

Traffic Bureau on the installation of zoning for the 

regulation of traffic on the public streets, be, and 
the same are hereby approved: 

2225 MISSION STREET - E.O.C. 



a) At 2225 Mission Street, revoke existing 
40' yellow zone. 

b) At 2225 Mission Street, install a 28' white 
zone, to extend north of the south property 
line . 

c) Permission to display portable No Parking 
signs in conjunction with this white zone. 

1710 HARRISON STREET - CANNED FOODS INC . 

a) At 1710 Harrison Street, install a 32' green zone, 
to extend from 54' - 86' south of Division Street. 

181 SECOND STREET - ADLOPH GASSER, INC. 

a) At l8l Second Street, revoke existing 40' 
yellow zone. 

b) At 181 Second Street, install a 40' Special 
Truck Loading Zone, to extend from 17' - 57' 
south of the north building line - to be in 
effect from 7 A.M., - 4 P.M., (If this Special 
Truck Loading Zone is granted, a request will 
be made to the Department of Public Works for 
the installation of Special Truck Loading Zone 
sign. ) 

244 JACKSON STREET - JOHN BROWN, M.D., 

a) At 244 Jackson Street, install a 22' white 
zone, to extend from 20" - 42' east of the 
west property line. 

b) Permission to display portable No Parking 
signs in conjunction with this white fcone. 

c) Remove parking meter JACKSON-224. 

AYES: Commissioners Ciani, Hall, Murphy, Siggins 
not voting; Commissioner Gallegos 



- 232 - 



REVOKED 



RESOLVED, that the recommendations of the 
Traffic Bureau on the revocation of 238 feet of 
yellow and green zones at various parts of the City 
at the locations submitted, be, and' the same are 
hereby approved. 

AYES: Commissioners Ciani, Hall, Murphy, Siggins 
NOT VOTING: Commissioner Gallegos 

RESOLUTION NO. 204-76 
DOROTHEA VELEZ 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Dorothea 
Velez against the City and County of San Francisco 
in the sum of $10.00 as the result of a faulty tow, 
be, and the same is hereby approved. 



Date of Incident: February 6, 1976 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

NOT VOTING: Commissioner Gallegos 



RESOLUTION NO. 205-76 
KRISTI S. SMEDAL 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Kristi 
S. Smedal against the City and County of San Francisco 
in the sum of $20.50 as the result of a faulty tow, 
be, and the same is hereby approved. 



Date of Incident: February 24, 1976 



AYES: Commissioners Ciani, Hall, Murphy 
Siggins 



NOT VOTING; Commissioner Gallegos 



RETIREMENTS 

"1 

1 
1 

Communications were received from the yj 

Retirement Board officially notifying the Police 
Commissioner of the retirement of the following- 
named members of the Police Department: 

a) Captain William J. O'Brien, Administration, 
for service, effective April 8, 1976. 



- 293 - 



b) Captain Louis H. Peder, Bureau of Criminal 
Information, for service, effective April 
9,1976. 



c) Captain Charles D. Korelec, Traffic Bureau, 
for service, effective April 9, 1976. 



d) Police Officer Kenneth B. Couey, Traffic 

Bureau, for Industrial Disability, effective 
April 28, 1976. 



e) Police Officer George E. Effisimo, Traffic 
Bureau, for service, effective April 1*1, 
1976. 



The communications were ordered filed. 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

NOT VOTING ; Commissioner Gallegos 



WEEKLY SICK REPORT 



Chief Gain submitted a report of members 
of the Department off duty due to sickness and dis- 
ability for the week ending Saturday, May 5, 1976 
at 2400 hours, as follows: 

PREVIOUS WEEK 



48 
123 



Daily average for the week sick 44 

Daily average for the week disabled 120 

TOTALS 164 171 

This is a decrease of seven (7) members off duty daily 
from the previous week. 

PREVIOUS WEEK 
2.40 



Daily percentage for the week sick 
Daily percentage for the week disable d 6.84 

TOTALS 9.24 



^75T 

7.02 

9.66 



Disabled at start of week 
Started during the week 
Returned during the week 
Disabled at the end of week 
Net Gain or Loss 

Sick and Disabled for 
week ending Saturday, 
April 10, 1976 at 2400 
hours : 



126 

12 

19 
117 

-7 

Sick and Disabled for 
week ending Saturday, 
May 3, 1975 at 2400 
hours : 



- ciyui - 



Daily average for . Daily average for 

the week sick 48 the week sick 53 

Daily average for Daily average for 

the week disabled 130 the week disabled 75 



TOTALS 178 128 

Daily percentage for Daily percentage 

the week sick 2.56 for the week sick 2.8l 

Daily percentage Daily percentage 

for the week for the week 

disabled 7.34 disabled 4.27 

TOTALS 9.90 7.O8 

The report was ordered filed. 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

NOT VOTING; Commissioner Gallegos 
RESOLUTION NO. 206-76 
REQUEST FOR SUPPLEMENTAL APPROPRIATION 



RESOLVED, that the Controller be, and he is 
hereby requested to draw a Supplemental Appropriation 
in the amount of $10,314.00 from any source approved 
by the Mayor and Controller, and credit it to the 
following appropriation in the amount indicated: 

Appropriation No. 5 . 161 . 900 . 000 . 000 Services of 

other Departments $10,314.00 

to provide funds for Police Department's contribution 
to Police Information Network. 



AYES: Commissioners Ciani, , Hall, Murphy, 

Siggins 

NOT VOTING; Commissioner Gallegos 



AUTHORIZING ATTENDANCE OF INSPECTORS JAMES B. JONES 
AND KENNETH MURPHY, INTELLIGENCE UNIT, AT AN ECONOMIC 
CRIME INVESTIGATION TRAINING COURSE IN SACRAMENTO, 
CALIFORNIA, FROM MAY 17, 1976 TO MAY 28, 1976, INCLUSIVE 

RESOLVED, that the recommendation of the 
Chief of Police that Inspectors James B. Jones and : j 

Kenneth Murphy, Intelligence Unit, be detailed to 
attend an Economic Crime Investigation Training j 

Course in Sacramento, California, from May 17 to 
May 28, 1976, inclusive, be, and the same is hereby 
approved; and be it further 



- 295 - 



RESOLVED, tl^at expenses incurred by Inspectors 
James B. Jones and Kenneth Murphy, Intellgience Unit, 
in a sum not to exceed $372.00 each in attending this 
course will be defrayed by the Police Department's 
Police Officers' Training Fund. 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 



NOT VOTING: Commissioner Gallegos 



The Commission then adjourned its meeting, 




- 296 - 



19 MAY 1976 , REGULAR MEETING 

The^Police Commission of the City and 
County of_J3an Francisco met in their chambers, 
Room 551, Hall of Justice, 850 Bryant Street, 
on Wednesday, May 19, 1976 at 1730 hours, in 
regular session. 



PRESENT: Commissioners Ciani, Gallegos, Hall, 
Siggins 

ABSENT: Commissioner Murphy U*MENTS 

J UN 1 1976 

Commissioner Siggins presiding. ^ysȣl'* x lfiaspp 

The members of the Commission, having 
been furnished copies of the minutes of the meet- 
ing of May 12, 1976, did not approve the minutes 
on May 19,1976, but they will be approved on 
May 26, 1976, after certain changes and corrections 
have been made. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Siggins 

NOT VOTING: Commissioner Murphy 



PRESENTATION OF MEDAL OF VALOR AWARDS AND MERIT- 
ORIOUS CONDUCT CERTIFICATE AWARDS 



The following-named members of the Police 
Department were presented Medal of Valor Awards and 
Meritorious Conduct Certificate Awards at the Com- 
mission meeting by Police Commissioner Richard J. 
Siggins : 



Assistant Inspector Gary 0. Lemos Gold Medal 

Police Officer Edward G. Buck Gold Medal 

Sergeant Richard R. Racine Silver Medal 

Sergeant John E. Lynch Silver Medal 

Police Officer Larry P. Barsetti Silver Medal 

Police Officer George B. Cima Silver Medal 

Police Officer Timothy J. Hettrich .... Silver Medal 

Sergeant John C. Kristovich Bronze Medal 

Sergeant Mario Tovani, Jr., Bronze Medal 

Sergeant Felix W. Buckley Bronze Medal 

Assistant Inspector James J. Molinari .Bronze Medal 

Police Officer Theodore A. Bell Bronze Medal 

Police Officer John J. Forbes Bronze Medal 



(.ujlJl 



- 297 - 



Police Officer Terry A. Gregory. 
Police Officer Robert J. Geary.. 
Police Officer Vladimir Kovaleff 
Police Officer Alan B. Mould.... 
Police Officer Calvin L. Nutting 



.Bronze Medal 



.Bronze Medal 
.Bronze Medal 
.Bronze Star 
.Bronze Medal 



Patrol Special Officer Samuel 
J. Reyes - Southeast Police 

District Bronze Medal 

Inspector John J. Cleary Meritorious Conduct 

Certificate 

Assistant Inspector Frank J. 

Palzon Meritorious Conduct 

Certificate 



AYES: Commissioners Ciani, Gallegos, Hall, 
Siggins 



NOT VOTING: Commissioner Murphy 



CHIEF'S REPORT TO THE POLICE ■ COMMISSION 



Chief Gain: "Mr. Preside 
the report tonight will c 
Captain Sully commenting 
the Finance Committee to 
ing their recommendation 
the Police Department we' 
that Budget . It is a two 
an itemization of the cut 
tain Sully can review thi 



nt , members of the Commission, 
onsist of informing you, then 
upon the Budget submittal of 
the Board of Supervisors stat- 
f or the Budget . In regard to 
ve extracted a statement from 

page statement which gives 
s. For your information, Cap- 
s with you." 



Captain Sully presented to the 
entitled "Budget Statement of 
ata on behalf of the Finance C 
explained its contents. The C 
cussed the issues , mainly those 
in personnel and equipment and 
recommendation urging the Depa 
Federal funds to finance porti 
lations Program rather than us 



Commissioners a document 
Supervisor John J. Barbagel- 
ommittee," and then briefly 
ommission generally dis- 
that had to do with cuts 
the Finance Committee's 
rtment to obtain State or 
ons of the Community Re- 
ing ad valorem taxes. 



Chief Gain stated: "We've already told the Finance Com- 
mittee that we cannot get money to fund any part of the 
personnel in our Police Community Relations program so 
they are, in my judgment, doing a severe disservice to 
the citizens of our community by deleting the position 
of Director of Police Community Relations and by the 
personnel cuts they indicate. It does not strengthen, 
it is going to substantially weaken our efforts in many 
areas. Also, of course, we can note that In regard to 
Q2 Police Officers positions, that funds for the filling 
of those vacancies are not to be released until after 
the results of the November 1976 election. That means 
then, based on the face of this adopted by the Board, 
that we will not be able to hire a woman or a man police 
officer until November. And we now have as of this 
date 77 police officers vacancies, 2 Assistant Inspectors, 



- 298 - 



24 Inspectors, 51 Sergeants, 4 Lieutenants and 5 
Captains for a total vacancy factor of 163. So 
our efforts to fulfill our commitment to impact 
upon serious crime and to provide police service 
to the community are in fact going to be severely 
handicapped. So what they have done is going to 
result in a lowering of the quantity of police ser- 
vices being provided to the community. I will be 
going before the Board on Monday in hopes of speak- 
ing on these issues and would hope, if time permits, 
members of the Commission would be there also." 



Commissioner Siggins : "Thank you Chief." 



HEARING TO DETERMINE IF PACIFIC PUBLIC CARRIERS 
COOPERATIVE, INC., ARE VALID INSURANCE CARRIERS 
FOR SAN FRANCISCO PUBLIC VEHICLES FOR HIRE - 
CONTINUED FROM APRIL 21, 1976. 



Mr. William Roche and Mr. Maury Frohman appeared and 
stated that they were in the process of forming an 
insurance company. That the Insurance Commissioner 
has approved the name of Pacific Public Carriers In- 
surance Company, and that their attorney, Mr. Sidney 
Weinstock, had sent the Cooperation papers to the 
Secretary of State last week for approval so that the 
Insurance Commissioner could- issue a stock certificate 
They further stated that, the papers may have been 
lost enroute, but Mr. Frohman was going to Sacramento 
in the morning with duplicate papers and deliver them 
by hand so as to be able to hasten the formation of 
their company. Thus they were asking the Commission 
for a thirty (30) day extension of time to form a new 
company so that they can satisfy all concerned. 



Mr. Walter Hoffman, an insuree of the Pacific Public 
Carriers spoke against the Cooperative. 



He stated that the Pacific Public Carriers didn't cover 
the insuree from to $50,000 and that as far as he was 
concerned, he did not have any insurance. He requested 
his money back from Mr. Frohman, who is in charge of 
the Cooperative. 

Mr. Julius Lichtenstein, Insurance Broker, was given 
permission to speak and he stated that Pacific Public 
Carriers Cooperative, Inc., is not a self-insurer and 
even if it were, it would be unable to continue its 
operation without the express approval of the Department 
of Motor Vehicles and the San Francisco Police Department. 
He further stated that for a year now, they have done 
just that . 

Commissioner Siggins stated that the Department is well 
aware of this and that there is no question that they 
can't be self-insured because each driver drives his 
own public convenience and necessity vehicle. 

Mr. Phil Rancantore, representing the City Cab Company, 
stated that he had been with Mr. Frohman a numbeir of 
years and he has never had any trouble so far. He 



- 299 - 



stated that whenever there had been anything to pay 
off he had never had any trouble, he would send It 
to the Cooperative and they would always pay and he 
did not understand what all the fuss was about. He 
stated that he had 46 cabs and he was thinking that 
he would apply to become self-insured. He then sta- 
ted again that even though he was thinking of be- 
coming self-insured, he was well satisfied with the 
service he received from Pacific Public Carriers Coop- 
erative Inc. 



Commissioner Siggins : "Once again we will put it over 
for a month, the letter still stands, that for those 
people who are drivers and owners of cabs, if there is 
a question about their insurance, it is my feeling that 
what they have now with Pacific Public Carriers Cooperative 
Inc., is not satisfactory and what they are doing now is 
risking the fact that the Cooperative will pay those 
claims and they better get some other insurance. We 
will put it over to the l6th of June." 



SUPERIOR COURT ORDER COMMANDING THE POLICE COMMISSION 
TO SET ASIDE ITS DECISION DATED MAY 12, 1969, IN THE 
ADMINISTRATIVE PROCEEDINGS IN THE MATTER OF MICHAEL R. 
O'BRIEN, CONTINUED FROM APRIL 28, 1976 - CONTINUED ONE 
WEEK. 



Mr. George Engler, Attorney for Mr. Michael R. O'Brien, 
discussed the matter of Mr. O'Brien's status with the 
Police Department and requested the Police Commission 
to make some decision as to how the Commission would 
proceed with this case. After further consultation 
with the parties involved, including Sergeant Roche, 
Police Department's Attorney, assigned to the Legal 
Office, the Commission ordered the matter continued 
to the following week for further study and preparation 
of a preliminary report for presentation at that time. 
Commissioner Siggins advised Mr. Engler and Mr. O'Brien 
that they would not have to be present. 

AYES: Commissioners Ciani, Galle,gos, Hall, 
Siggins 

NOT VOTING: Commissioner Murphy 

TRANSFER OF JITNEY BUS PERMIT - APPROVED 

The matter of the transfer of the right to 
operate a jitney bus by the following-named person 
was called, it having been advertised in the official 
newspaper in accordance with the provisions of ordinance 
applying thereto. The transferor and transferee appeared 
in person and were not represented by counsel. The 
Commission approved the transfer of whatever right, title 
or interest that the within-named transferor might have 
to operate a jitney bus to the within-named transferee; 
said approval contingent upon the transferee filing 
with the Police Commission the appropriate bond and/or 
insurance policy as provided by the Police Code: 



- 300 - 



TRANSFEROR TRANSFEREE NO. OF PERMITS 

Steve Santamaria Louis F. Jean 1 

649 Northern Ave. 968 Avalon Avenue 

Mill Valley, Calif. San Francisco, California 

Route: Mission Street - Ferry to Sickles Avenue 



AYES: Commissioners Ciani, Gallegos , Hall, 
Siggins 

NOT VOTING; Commissioner Murphy 



HEARING OF POLICE OFFICER GREGORY J. CLONEY, CENTRAL 
POLICE STATION 



The hearing of ,- Police Officer Gregory J. 
Cloney, Central Police Station, was called, it having 
been set for this date. Police Officer Gregory J. 
Cloney was charged with violating the Rules and Pro- 
cedures as follows: 

SPECIFICATION NO. 1 

Conduct which reflects discredit 
upon the Police Department (Viola- 
tion of Section 2.13 of the Rules 
and Procedures of the San Francisco 
Police Department ) 



in a properly verified complaint by James M. Curran, 
Captain of Police, Commanding Officer of Central 
Police Station. 



Police Officer Gregory J. Cloney appeared 
in person and was represented by Mr. Manton L. Selby, 
Attorney at Law. 

Sergeant David P. Roche, Legal Office, 
appeared as Prosecutor for the Police Department. 

Opening statements were made by both the 
Prosecuting and Defense Attorneys. 

The following-named witnesses appeared for 
the Prosecution, were sworn and testified: 

Lieutenant Luke Rogers 
Security Guard 
Golden Gateway 

John Shimko 

1051 Cole Street 

San Francisco, California 

Stephen Marks 

279 Sanchez Street 

San Francisco, California 

At this time, it was agreed by the Prosecution 
and Defense Attprneys to call the following-named witness 



- 301 - 



out of order on behalf of the Defense 



Gil Turner 
Security Guard 

Golden Gateway Security 



The following-named witnesses appeared for the 
Prosecution, were sworn and testified: 



Police Officer Philip Dito 
Central Police Station 

Stephen M. Burns, a minor 

57 Simpson Drive 

Walnut Creek, California 

William C. Coney, a minor 
1353 Milton Avenue 
Walnut Creek, California 

Bruce A. Tibbies 
1001 Knightwood Court 
Walnut Creek, California 

Gregory Batz 
1632 Poplar Drive 
Walnut Creek, California 

Mrs. Linda Batz 
1632 Poplar Drive 
Walnut Creek, California 



The following-named witness appeared for the 
Defense, was sworn and testified: 



Police Officer Gregory J. Cloney 
Central Police Station 



A closing argument was presented by Mr. Manton 
L. Selby, Defense Attorney. 



The Commission took the matter under sub- 
mission, and then recessed from 2237 hours to 2305 
hours, after which the following resolution was adopted: 



RESOLUTION NO. 208-76 

DECISION - HEARING OP POLICE OFFICER GREGORY J. CLONEY, 
CENTRAL POLICE STATION 



WHEREAS, on April 9, 1976, James M. Curran, 
Captain of Police, Commanding Officer of Central Police 
Station, made and served charges against Police Officer 
Gregory J. Cloney, as follows: 



- 302 - 



SPECIFICATION NO, 



a) That on 18 January 1976, the accused 
and a fellow officer responded to the 
lobby of the Alcoa Building where a 
citizen's arrest had been made by a 
building security guard; 



b) That the accused while escorting 

the prisoners from the building did 
strike one of the prisoners without 
lawful authority or provocation caus- 
ing an injury to the prisoner; 



c) Because of the above-stated conduct, 
the accused did violate Section 2.13 
of the Rules and Procedures of the 
San Francisco "Police Department, 
which reads as follows: 



"2.13 Any breach of the peace, neglect 
of duty, misconduct or any conduct on 
the part of any member either within 
or without the state which tends to 
subvert the good order, efficiency or 
discipline of the department or which 
reflects discredit upon the department 
or any member thereof or that is preju- 
dicial to the efficiency and discipline 
of the department, though such offenses 
are not specifically defined or laid 
down in these Rules and Procedures shall 
be considered unofficerllke conduct tri- 
able by the Board." 



and 



WHEREAS, a hearing on said charges was had 
before the Police Commission pursuant to Section 8.343 
of the Charter of the City and County of San Francisco 
on Wednesday, May 19, 1976, and that on Wednesday, May 
19, 1976, the matter was submitted to the Police Com- 
mission for decision; and 

WHEREAS, the Police Commission finds that the 
said charges made and filed against Police Officer 
Gregory J. Cloney, Central Police Station, as contained 
in Specification No. 1, are sustained by the evidence 
submitted at the hearing and that Police Officer Gregory 
J. Cloney has violated Section 2.13 of the Rules and 
Procedures of the San Francisco Police Department; 
therefore be it 

RESOLVED, that it is the order of the Police 
Commission that Police Officer Gregory J. Cloney, has 
violated Specification No. 1, Section 2.13 of the Rules 
and Procedures of the San Francisco Police Department, and 
for said violation he shall be given a Police Commission 
reprimand. Notification of said reprimand is to be made 
to the Civil Service Commission, with a copy to be placed 
in Officer Cloney 's personnel file. 



- 303 - 



AYES: Commissioners Ciani, Gallegos, Hall, 
Siggins 

NOT VOTING: Commissioner Murphy 



Recess taken in the hearing of 
Police Officer Gregory J. Cloney : 

2237 hours to 2305 hours 

(The entire proceedings were taken 
in shorthand form by Hearing Reporter 
Dorsey A. McTaggart , C.S.R.) 



RECOMMENDATIONS OF THE TRAFFIC BUREAU - APPROVED 



Commissioner Ciani requested to let the record reflect 
that notices had been posted in the various areas where 
the installation of certain red, yellow and green zone 
were to be instituted. She extended her commendations to 
those who prepared the notice signs. 



RESOLVED, that the recommendations of the 

Traffic Bureau on the installation of zoning for the 

regulation of traffic on the public streets, be, and 
the same are hereby approved: 



252 SAN BRUNO AVENUE - ROYAL SUPPLY COMPANY 



a) At approximately 252 San Bruno Avenue, 

install a 32' green zone, to extend from 
79' - 111' north of the south property 
line . 

2 397 FUNSTON AVENUE - "MR. LIQUOR" STORE 

a) At approximately 2397 Funston Avenue, 
install a 32' yellow zone, to extend 
from 11' - 43' north of Taraval Street. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Siggins 

NOT VOTING: Commissioner Murphy 
REVOKED 



RESOLVED, that the recommendations of 
the Traffic Bureau on the revocation of 223 feet 
of yellow zones at various parts of the City at 
the locations submitted, be, and the same are 
hereby approved. 

AYES: Commissioners Ciani, Gallegos, Hall, 
Siggins 

NOT VOTING: Commissioner Murphy 



- 304 - 



RESOLUTION NO. 209-76 
ROBERT BROWN 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Robert 
Brown against the City and County of San Francisco 
in the sum of $98.28 as the result of a collision 
with a police vehicle be, and the same is hereby 
approved. 

Date of Accident: January 21, 1976 



AYES: Commissioners Ciani, Gallegos , Hall, 
Siggins 

NOT VOTING: Commissioner Murphy 
RESOLUTION NO. 210-76 
JOSEPH C. GAVIN 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Joseph 
C. Gavin against the City and County of San Francisco 
in the sum of $21.00 as the result of a faulty tow, 
be, and the same is hereby approved. 



Date of Incident: March 19, 1976 



AYES: Commissioners Ciani, Gallegos, Hall, 
Siggins 

NOT VOTING: Commissioner Murphy 



RESOLUTION NO. 211-76 



CHARLES W. GREENHILL 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Charles 
W. Greenhill against the City and County of San 
Francisco in the sum of $207.60 as the result of a 
collision with a police vehicle be, and the same 
is hereby approved. 

Date of Accident: June 4, 1975 



AYES: Commissioners Ciani, Gallegos, Hall, 
Siggins 



NOT VOTING: Commissioner Murphy 



- 305 - 



RETIREMENTS 



Communications were, received from the 
Retirement Board officially notifying the Police 
Commission of the retirement of the following- 
named members of the Police Department : 



a) Deputy Chief William J. Keays, Chief's Office, 
for service, effective April 21, 1976 . 

b) Lieutenant James Solden, Richmond Police 
Station, f for service, effective April 28, 
1976. 

c) Sergeant James J. Falk, Jr., Richmond Police 
Station, for service, effective May 12, 1976. 

d) Sergeant Ernest P. Prescura, Park Police 
Station, for service, effective April 28, 
1976. 



e) Sergeant Thomas A. Gordon, Southeast Police 
Station, for service, effective May 12, 1976 



f) Sergeant John J. Hess, Taraval Police Station, 
for service, effective May 1, 1976. 



g) Sergeant Edward P. Markey, Richmond Police 
Station, for service, effective April 28, 
1976. 

h) Sergeant John M. Mackay, Taraval Police 

Station, for service, effective May 1, 1976. 

i) Sergeant Francis H. O'Leary, Bureau of 
Inspectors, for service, effective May 
12, 1976. 

j) Inspector Arthur M. Christiansen, Bureau of 
Inspectors, for service, effective May 1, 
1976. 

k) Inspector Michael J. Dower, Bureau of 
Inspectors, for service, effective May 
12, 1976. 



1) Inspector Eugene E. Gibbons, Juvenile Bureau, 
for service, effective May 12, 1976. 



m) Inspector John E. O'Keefe, Bureau of 
Inspectors, for service, effective 
May 1, 1976. 



n) Inspector Anthony W. Trabucco, Bureau of 
Inspectors, for service, effective May 
12, 1976. 



- 306 - 



o) Assistant Inspector Margaret Dillon, Juvenile 
Bureau, for service, effective May 12, 1976. 

p) Police Officer Reno N. Rapagnani, Property 
Clerk's Office, for service, effective 
May 12, 1976. 



q) Police Officer John J.Daly, Traffic Bureau, 
for Industrial Disability, effective May 
12, 1976. 



r) Police Officer Edmund DeMartini, City Prison, 
for service, effective May 1, 1976. 

s) Police Officer Leon A.Latno, Jr., Bureau of 

Criminal Information, effective May 12, 1976. 



t) Police Officer William E. Murphy, Patrol 

Bureau Headquarters, for service, effective 
May 1, 1976. 



u) Police Officer Martin J. Roddy, Taraval Police 
Station, for service, effective May 12, 1976. 

v) Police Officer Norman J. Ronneberg, Ingleside 
Police Station, for service, effective May 
12, 1976. 



w) Police Officer Max A. Schenk, Taraval Police 
Station, for service, effective May 12, 1976 



x) Police Officer Richard J. Treacy, Mission 
Police Station, for service, effective May 
1, 1976. 



The communications wereo ordered:' filed; 

AYES: Commissioners Ciani, Gallegos, Hall, 
Siggins 

NOT VOTING: Commissioner Murphy 

RESOLUTION NO. 212-76 

AUTHORIZING ATTENDANCE OP CAPTAIN JOH A. MCSWEENEY, 
PERSONNEL AND TRAINING AND CAPTAIN JOHN A. MAHONEY, 
PARK POLICE STATION, AT A SYMPOSIUM AT THE NATIONAL 
CONFERENCE OF CHRISTIANS AND 3EWS AT SAN JOSE, CALIF- 
ORNIA, ON MAY 2^,1976 

RESOLVED, that the recommendation of the 
Chief of Police that Captain John A. McSweeney, 
Personnel and Training and Captain John A. Mahoney, 



1 



- 307 - 



Park Police Station, be detailed to attend a Symposium 
at the National Conference of Christians and Jews on 
May 24, 1976, be, and the same is hereby approved; 
and be it further 



RESOLVED, that expenses incurred by Captain 
John A. McSweeney, Personnel and Training and Captain 
John A. Mahoney, Park Police Station, in a sum not to 
exceed $25.00 each in attending this Symposium, will 
be defrayed by the Police Department's Police Officers 
Training Fund. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Siggins 



NOT VOTING: Commissioner Murphy 
RESOLUTION NO. 213-76 



AUTHORIZING ATTENDANCE ©F LIEUTENANT RICHARD D. KLAPP, 
PERSONNEL AND TRAINING, AT THE P.O.S.T. TRAINING MAN- 
AGERS SEMINAR AT ST. HELENA, CALIFORNIA, FROM JUNE 
16,1976 TO JUNE 28, 1976, INCLUSIVE. 



RESOLVED, that the recommendation of the 
Chief of Police that Lieutenant Richard D. Klapp, 
Personnel and Training, be detailed to attend the 
P.O.S.T. Training Managers Seminar at St. Helena, 
California, from June 16, 1976 to June 28, 1976, in- 
clusive, be, and the same is hereby approved; and be 
it further 



RESOLVED, that expenses incurred by Lieutenant 
Richard D. Klapp, Personnel and Training, in a sum not 
to exceed $364.00 in attending this Seminar will be 
defrayed by the Police Department's Police Officers 
Training Fund. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Siggins 



NOT VOTING: Commissioner Murphy 

RESOLUTION NO. 214-76 

REQUEST FOR SUPPLEMENTAL APPROPRIATION 



RESOLVED, that the Controller be and he is 
hereby requested to draw a Supplemental Appropriation 
in the amount of $111,313 from the following appro- 
priation number in the amount shown: 



- 308 - 



Appropriation No. 5.161.110.OO0.OOO 

Permanent Salaries-Uniform Force $111,313 



and credit it to the following appropriation in the 
amounts indicated: 

Appropriation No. 5.161.111.000.000 

Extra Duty-Uniform Force $55,970 

Appropriation No. 5 • l6l . Ill . 000 . 000 

Holiday Pay-Uniform Force $55,3^3 



to provide funds for payment of extra duty performed 
during craft workers strike. 



AYES: Commissioners Ciani, Gallegos, Hall, 
Siggins 



NOT VOTING: Commissioner Murphy 
RESOLUTION NO. 215-76 
REQUEST FOR SUPPLEMENTAL APPROPRIATION 



RESOLVED, that the Controller be, and he 
is hereby requested to draw a Supplemental Appro- 
priation in the amount of $62,313 from any funds 
approved by the Mayor or. 'Controller , and credit 
it to the following appropriations in the amounts 
indicated : 



Appropriation No. 5.161.200.000.000 

Contractual Services $30,270 

Appropriation No. 5 . 161 . 300 . 000 . 000 

Materials & Supplies $32,0^3 



to provide funds to supplement contractual services 
and materials' appropriations for the remainder of 
the fiscal year. 



AYES: Commissionrs Ciani, Gallegos, Hall, 
Siggins 



NOT VOTING: Commissioner Murphy 
WEEKLY SICK REPORT 



Chief Gain submitted a report of members 
of the Department off duty due to sickness and 
disability for the week ending Saturday, May 15, 
1976 at 2^100 hours, as follows: 



- 309 - 



Daily average for the week, 

sick 



40 



PREVIOUS WEEK 



44 



Daily average for the week, 

disabled 112 



120- 



TOTALS 



152 



164 



This is a decrease of seven (7) members off duty daily 
from the previous week. 

PREVIOUS WEEK 
Daily percentage for the week, 

sick 2.10 



Daily percentage for the week, 

disabled 6.45 



TOTALS 

Disabled at start of week 
Started during the week 
Returned during the week 
Disabled at the end of week 
Net Gain or Loss 



8.55 



2.40 

6.84 
9.24 



119 
14 

15 

118 

-1 



Sick and Disabled for the 
week ending Saturday, April 
17, 1976 at 2400 hours: 

Daily average for the 
week sick 36 

Daily average for the 
week disabled 128 

TOTALS 164 

Daily percentage for 

the week sick 1.91 

Daily percentage for 

the week disabled 7-22 



TOTALS 9.13 



Sick and Disabled for 
the week ending Saturday, 
May 10, 1976 at 2400 hours 



Daily average for 
the week sick 

Daily average for 
the week disabled 



Daily percentage 
for the week sick 

Daily percentage 
for the week dis~ 
abled 



54 
78 



132 
2.87 

4.30 



7.17 



The report was ordered filed. 

AYES: Commissioners Ciani, Gallegos, Hall, 
Siggins 

NOT VOTING: Commissioner Murphy 



The Commission then adjourned its meeting. 




- 310 - 



26 MAY 1976 



i 



REGULAR MEETING 



The^Police Commission of the City and 
County of,.San Francisco met in their chambers, 
Room 551, Hall of Justice, 850 Brvant Street,' 
on Wednesday May 26, 1976 at 1730 hours, in 
regular session: 



DOCUMENTS 

JUN 9 1976 



FfJANCISCO 
.rc LIBRARY 



PRESENT: Commissioners Ciani, Hall, Murphy, 
Siggins 



ABSENT: Commissioner Gallegos 



Commissioner Siggins presiding, 



The members of the Commission, having 
been "furnished copies of the minutes of May 
12, 1976 and May 19, 1976, reading of same was 
dispensed with and the 'minutes were approved. 



AYES: Commissioners Ciani, Hall, Murphy 
Siggins 

NOT VOTING: Commissioner Gallegos 



CHIEF'S REPORT TO THE POLICE COMMISSION 



Chief Gain: "Mr. President, members of the Commission, 
with your approval I will have Captain Sully give you 
a report on the status of our budget." 



Captain George Sully, Department Secretary: "Today 
we have the final report and I will give you a brief 
summary of the budget as far as personnel goes. There 
are no reductions as we indicated before to you in the 
equipment account that we had asked for. The Board of 
Supervisors Finance Committee had instructed us to cut 
$202,739.00 from the budget. They did not re-institute 
it so we have left for equipment $329,125.00. They also, 
in their budget deliberations, cut another 7 patrolmen 
and 2 sergeants, which means that we will wind up next 
year at the end of the year with 1753 personnel as op- 
posed to the 1970 that we had on June 30,1975, a total 
loss of 217 personnel in 366 days. As of May 19, the 
vacancy rate in the Department Is 78 Police Officers, 
2 Assistant Inspectors, 2k Inspectors, 44 Sergeants, 
4 Lieutenants and 2 Captains. There has been an in- 
dication that if we would request the immediate filling 
of vacated positions in the Department in the ranks of 
Inspector and Lieutenant the Controller will approve 
the money to pay those off so that we can hire those 
personnel. We are getting that out at Chief Gain's 
insistence. We're getting it out right away. What' 



UuJ 



- 311 - 



that means is, is that personnel that have retired 
are due their sick pay. Their sick pay is paid 
off and therefore their salaries are accruing un- 
til such time as they run out in our salary account, 
which means that we can't hire these personnel. So 
the Controller has indicated and we are going to ask 
you to pass a Resolution to support the hiring of 
each of the vacant positions up until our cuts on 
July 1, 1976, which will mean we will hopefully hire 
4 Lieutenants, about 24, I think, Inspectors and 
there are some 21 Sergeants vacancies that will accrue 
about that time. We will have to knock off on July 1, 
18 Sergeants and 102 Police Officers and 10 Assistant 
Inspectors. These positions are defunded as of that 
date. As of May 19, there were 78 Police Officer 
vacancies. There must be 112 such vacancies so that 
hopefully there will not be any layoffs. If we can 
get the requisitions released for Sergeants, Senior 
Patrolmen could be hired temporarily in this rank 
taking this away from the patrolmen rank and thereby 
eliminating the possibility of layoffs in the patrol 
ranks. The other thing they did in the Supplemental 
Budget, they 'approved all of the supplemental reclass- 
ifications for Deputy Chiefs except one and that one 
is of the Department Secretary, they left me with the 
same pay and they eliminated the Director of Community 
Relations job . " 

A general discussion followed regarding the Department's 
Community Relations Unit. The- Director's position is 
still pending before the Civil Service Commission for 
their decision on re-classification and declaring it 
as an Exempt position in the Police Department. The 
Chief stated that it is an important position in the 
Department and is an integral part in his proposed 
structural reorganization plan. He further stated 
that he planned to keep the Community Relations Unit 
in tact despite personnel cuts in the budget. 



The Chief then commented on the prostitution situation 
in the city. Because of the increase of prostitutes 
in April, discussions were held with certain department 
heads resulting in increased efforts to combat the pro- 
blem. One phase of the increased effort was to assign 
undercover female officers to arrest men who are potent- 
ial customers of prostitutes. 



The Chief stated that the other thing he wanted to com- 
ment on was the takeover of the City Prison by the Sheriff's 
Department. He stated that the Sheriff was having the same 
problems that the Police Department was having as far as 
personnel was concerned and that our personnel, some 27 
station officers and some number of our police officers 
would have to remain in the prison after July 1, until 
such time the Sheriff is able to hire new personnel and 
train them and get them into the Jail. 

Chief Gain: "That now completes my report." 
Commissioner Siggins: "Thank you Chief." 



312 - 



POLICE COMMISSION DISCUSSION REGARDING PLANS FOR 
HOLDING PUBLIC HEARINGS UN THE BAR ASSOCIATION'S 
CITIZEN COMPLAINT PROCEDURES, CONTINUED FROM MAY 
12, 1976 



After a general discussion on this matter 
by Mr. Tom Gee from the Bar Association, Ms. Mary 
Vail and Mr. Rodriguez, the Commission set Public 
Hearing: dates for the Bar Association's Citizen 
Complaint Procedures as follows : 



Hall of Justice 

Police Commission Hearing 

Room 



Saturday, June 19,1976 
2:00 P.M. , to 5:00 P.M. 



Galileo High School 
1055 Bay Street 



Thursday, July 1, 1976 
7:00 P.M. to 10:00 P.M. 



Herbert Hoover Jr. High 

School 
2290 - 14th Avenue 



Thursday, July 15, 1976 
7 :00 P.M. to 10:00 P.M. 



Horace Mann Jr. High 

School 
3351 - 23rd Street 



Thursday, July 29, 1976 
7 :00 P.M. to 10:00 P.M. 



Anza Elementary School 
40 Vega Street 



Thursday, August 12, 1976 
7 :00 P.M. to 10 :00 P.M. 



Portola Jr. High School 
350 Gerard Street 



Thursday, August 26, 1976 
7 :00 P.M. to 10:00 P.M. 



AGENDA: 



Presentation of the Bar Association Proposal 
by one of its representatives. 



Presentation of existing procedure of handling 
citizen complaints against police officers by 
Police Department Staff. 



Taking of relevant oral and written testimony 
by interested members of the public. 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 



NOT VOTING: Commissioner Gallegos 



- 313 - 



POLICE COMMISSION DISCUSSION RE: CREATION OF BLUE 
PARKING ZONES LIMITED EXCLUSIVELY TO THE VEHICLES 
OF PHYSICALLY HANDICAPPED PERSONS. 



Officer Andrew Quaglia from Traffic Survey: "We've 
received through our Captain, a notification from 
the Board of Supervisors a resolution of which the 
Commission has received taking action on the Blue 
Zones. The Blue Zones as you know are for disabled 
persons. We have contacted the ISCOT, the Inter 
Department Staff Committee on Transportation and 
Traffic, and they are meeting tomorrow and this will 
be their first item on the Agenda, and as of this 
date we have tried to contact the Department of 
Motor Vehicles to see exactly how many automobiles 
in this area, the Bay Area, in San Francisco this 
would involve. We are not sure how many cars are 
Involved in this type of zone that is needed. We 
also have tried to contact the disabled community 
which unfortunately is represented by many different 
little individual groups, there is no one group . 
I am trying now to contact through our community 
relations group to see if there are a number of people 
who we can contact to see which buildings are actually 
being used by these people that would need these zones. 
We feel that you could not just indescriminately put 
one in front of every building in San Francisco, it 
would never work. We feel that, and I have been asked 
to request, that we delay at least two weeks for our 
report to come in so that we can get the final infor- 
mation that we need in order to discuss this properly." 



The Commission acknowledged this request. 



RESOLUTION NO. 216-76 



PATROL SPECIAL OFFICER FRED T. BRANDT - REVOKED 



RESOLVED, that the appointment of Fred T. 
Brandt as Patrol Special Officer for Beats No. 8 
and 23, Southern Police District and Beat No. 51, 
Central Police District, be, and the same are hereby 
revoked effective May 26, 1976, he having sold his 
beats to Patrol Special Officer Kent W. Brandt. 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

NOT VOTING: Commissioner Gallegos 

RESOLUTION NO. 217-76 

PATROL SPECIAL OFFICER KENT W. BRANDT - APPROVED 

RESOLVED, that Kent W. Brandt, be, and he 
is hereby appointed a Patrol Special Officer for Beats 
No. 8 and No. 23, Southern Police District, and Beat 
No! 51, Central Police District; said appointment effeo- 



- 314 - 



tive May 26, 1976, he having purchased Beats No. 8 
and No. 23, Southern Police District , - and Beat No. 51 
Central Police District, from Fred T. Brandt. 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

NOT VOTING: Commissioner Gallegos 



SUPERIOR COURT ORDER COMMANDING THE POLICE COMMISSION 
TO SET ASIDE ITS DECISION DATED MAY 12,1969, IN THE 
ADMINISTRATIVE PROCEEDINGS IN THE MATTER OF MICHAEL 
R. O'BRIEN, CONTINUED FROM MAY 19, 1976 - CONTINUED 
ONE WEEK 



Chief Gain and Sergeant Roche conferred on this matter 
after which the Chief stated that he would recommend to 
the Commission a full hearing in this case. 



The Commission agreed and the matter was put over to 
the following week to allow for Sergeant Roche to contact 
Mr. Engler for the purpose of setting up a commencement 
date for the hearing.. 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

NOT VOTING: Commissioner Gallegos 



RESOLUTION NO. 218-76 



REQUEST OF POLICE OFFICER LEROY HENRY, JR., INGLESIDE 
POLICE STATION, TO APPEAL ONE (1) WORKING DAY SUSPENSION 



WHEREAS, a communication was received from 
Charles R. Gain, Chief of Police, officially notifying 
the Police Commission of the suspension of Police Officer 
Leroy Henry, Jr., Ingleside Police Station, for a period 
of one (1) working day effective 0001 hours, Thursday, 
May 13, 1976, and terminating 0001 hours, Friday, May 
14, 1976; and 



WHEREAS, a communication was received from 
Police Officer Leroy Henry, Jr., Ingleside Police 
Station, requesting a hearing before the Police Com- 
mission in accordance with Section 5.160 of the Rules 
and Procedures of the San Francisco Police Department, 
to appeal his disciplinary suspension for a period of 
one (1) working day by Charles R. Gain, Chief of Police; 
therefore be it 



RESOLVED, that the request of Police Officer 
Leroy Henry, Jr., Ingleside Police Station, for a hear- 
ing before the Poliae Commission to appeal his suspension 



- 315 - 



by Charles R. Gain, Chief of Police, for a period of 
one (1) working day effective 0001 hours, Thursday, 
May 13, 1976 and terminating 0001 hours, Friday, May 
14, 1976, be, and the same is hereby set for Wednesday, 
June 2, 1976 at 5:30 p.m., in Room 551, Hall of Justice 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

NOT VOTING: Commissioner Gallegos 

RESOLUTION NO. 219-76 
MARY KATHERINE DELONG 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Mary 
Katherine Delong against the City and County of San 
Francisco In the sum of $21.00 as the result of a 
faulty tow, be, and the same is hereby approved. 



Date of Incident: February 24, 1976 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

NOT VOTING: Commissioner Gallegos 



RESOLUTION NO. 220-76 



JOHN L. DE MELLO 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of John L. 
De Mello against the City and County of San Francisco 
in the sum of $18.00 as the result of a faulty tow, 
be, and the same is hereby approved. 
Date of Incident: February 26, 1976 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

NOT VOTING: Commissioner Gallegos 



RESOLUTION NO. 221-76 

JOY S. JOHNSON 

RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Joy S. 
Johnson against the City and County of San Francisco 



- 316 - 



in the sum of $22.00 as the result of a faulty tow, 
be, and the same Is hereby approved. 



Date of Incident: March 14, 1976 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

NOT VOTING: Commissioner Gallegos 



RESOLUTION NO. 222-76 
WILLIAM KRUEGER 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of William 
Krueger against the City and County of San Francisco 
in the sum of $41.00 as the result of a faulty tow, 
be, and the same is hereby approved. 



Date of Incident: February 2, 1976 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

NOT VOTING: Commissioner Gallegos 



RESOLUTION NO. 223-76 



HARRY S. DIXION AND HIS ATTORNEY 
FREDERIC L.HARVEY 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the litigation of 
Harry S. Dixion, in the sum of $1,000 in Municipal 
Court Action No. 700-^00 entitled "Harry S. Dixion 
vs. City and County of San Francisco, et al . , " as the 
result of damages sustained, be, and the same is 
hereby approved. 

Date of Incident: August 15, 1973 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

NOT VOTING: Commissioner Gallegos 



RESOLUTION NO. 22^-76 

PACIFIC AUTO BODY COMPANY AND JACK OKELL 

RESOLVED, that the recommendation of the 



;i7 - 



City Attorney for settlement of unlitigated claim of 
Pacific Auto Body Company and Jack Okell against the 
City and County of San Francisco in the sum of $1,500 
as the result of a collision with a police vehicle, be, 
and the same is hereby approved. 



Date of Accident: June 4, 1975 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

NOT VOTING: Commissioner Gallegos 

RESOLUTION NO. 225-76 

REQUEST TO TRANSFER ALLOTTED FUNDS 



RESOLVED, that the Controller be, and he 
is hereby requested to transfer allotted funds in the 
sum of $13,833 to reserve funds in Appropriation No. 
5.161.961.000.000, and carried forward to the next fiscal 
year in order to provide local cash match for several 
grant applications being considered for funding by the 
Office of Criminal Justice Planning. One grant, Crime 
Analysis Development will require $2,250 in local funds. 
Other grants, include Victim Services Program; one to 
upgrade the Intelligence Unit, and one for the Bureau 
of Special Services. 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

NOT VOTING: Commissioner Gallegos 



RESOLUTION NO. 226-76 
POLICE NARCOTIC FUND 



RESOLVED, that the Controller be, and he 
is hereby requested to draw a voucher in favor of 
Chief of Police Charles R. Gain in the sum of $4,166 
charging same to Appropriation No. 5 . l6l . 890 . 050 . 000 
to cover narcotic fund disbursements for the month of 
June, 1976. 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

NOT VOTING: Commissioner Gallegos 



RESOLUTION NO. 227-76 
POLICE CONTINGENT FUND 

RESOLVED, that the Controller be, and he 



- 318 - 



is hereby requested to draw a voucher in favor of 
Chief of Police Charles R. Gain in the sum of $3,333 
charging same to Appropriaton No. 5 . l6l . 890 . 000 . 000 
to cover contingent fund disbursements for the month 
of June, 1976. 

AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

NOT VOTING: Commissioner Gallegos 



RESOLUTION NO. 228-76 



AUTHORIZING ATTENDANCE OF INSPECTORS THOMAS A. MAGNANI 
AND WILLIAM F. MUSANTE , PAWNSHOP DETAIL, AT A PROTEC- 
TIVE SERVICE TECHNIQUES COURSE IN SACRAMENTO, CALIFORNIA, 
FROM JUNE 19, 1976 TO JUNE 24, 1976, INCLUSIVE. - 



RESOLVED, that the recommendation of the Chief 
of Police that Inspectors Thomas A. Magnani and William 
F. Musante, Pawnshop Detail, be detailed to attend a 
Protective Service Techniques Course In Sacramento, 
California, from June 19, 1976 to June 24, 1976, inclusive, 
be, and the same is hereby approved; and be it further 



RESOLVED, that expenses incurred by Inspectors 
Thomas A. Magnani and William F. Musante, Pawnshop De- 
tail, in a sum not to exceed $160.00 each in attending 
this course will be defrayed by the Police Department's 
Police Officers' Training Fund. 



AYES: Commissioners Ciani, Hall, Murphy 
Siggins 

NOT VOTING: Commissioner Gallegos 



WEEKLY SICK REPORT 

Chief Gain submitted a report of members 
of the Department off duty due to sickness and dis-^ 
ability for the week ending Saturday, May 21, 1976 
at 2400 hours as follows: 

PREVIOUS WEEK 
Daily average for the week sick 47 40 
Daily average for the week disable d 117 112 

TOTALS 164 152 

This is an increase of twelve (12) members off duty 
daily from the previous week. 



- 319 



PREVIOUS WEEK 



Daily percentage for the week sick 

Daily percentage for the week disable d 6.75 

TOTALS 

Disabled at start of week 
Started during the week 
Returned during the week 
Disabled at the end of week 
Net Gain or Loss 



Sick and Disabled for week 
ending Saturday, April 24, 1976 
at 2400 hours: 



Daily average for 
the week sick 

Daily average for 
the week disabled 

TOTALS 

Daily percentage for 
the week sick 

Daily percentage for 
the week disabled 

TOTALS 



37 
119 



156 

1.99 

6.82 



2.62 


2.10 


d 6.75 


6.45 


9.37 


8.55 


116 




16 




21 




111 





Sick and Disabled for week 
ending Saturday, May 24, 
1975 at 2400 hours: 

Daily average for 
the week sick 53 

Daily average for 
the week disabled 77 



130 



Daily percentage 
for the week sick 



2.81 



Daily percentage 

for the week disabled 4.25 



8.81 



7.06 



The report was ordered filed 



AYES: Commissioners Ciani, Hall, Murphy, 
Siggins 

NOT VOTING: Commissioner Gallegos 



The Commission then adjourned its meeting, 




- 320 - 



JUNE 1976 



■M^u^kj 



REGULAR MEETING 



mis 

JU: 



Thejs^olice Commission of the City and s- eisco 
County of^&a-n Francisco met in their chambers, 
Room 551, Hall of Justice, 850 Bryant Street, 
on Wednesday, June 2, 1976 at 1730 hours, in 
regular session: 



PRESENT: Commissioners Galiegos, Hall, Murphy, 
Siggins 



ABSENT: Commissioner Ciani 



Commissioner Siggins presiding, 



The members of the Commission, having 
been furnished copies of the minutes of May 26, 
1976, reading of same was dispensed with and the 
minutes were approved. 



AYES: Commissioners Gallegos, Hall, Murphy, 
Siggins 

NOT VOTING: Commission Ciani 



CHIEF'S REPORT TO THE POLICE COMMISSION 



Chief Gain: "Mr. President, members of the Commission, 
if I may, tonight my report will consist of having Deputy 
Chief Clement D. DeAmicis give you a status report in 
regard to the planning for the June 19th meeting with 
regards to the Bar Association's proposal." 



Deputy Chief DeAmicis: "Mr. President, members of the 
Commission, we had a meeting yesterday and we have to- 
gether now several Individuals within the Department 
who are preparing for the first hearing on June 19th 
and all the hearings subsequent to that date. The Com- 
mission Staff is right now in the process of preparing 
the first mailing to Community groups, to police officers, 
to Police Officer's Associations and to interested cit- 
izens. They are also, arranging to tape the hearings 
with transcriptions to be made or summaries to be made 
of the tapings later. The Police Community Relations 
Bureau is at present working with the School Department 
In order to lock in the dates and locations that have 
already been selected. They will also have interpreters 
and translators at each of the meetings. The Public Af- 
fairs Officer, Officer 0' Toole, will have some press 
releases out shortly to Radio, Television and News- 
papers. Again that will give the locations, the times, 
the places and how people may come to the Commission 
and give oral and written testimony. The Legal Depart- 
ment right now is mailing a word description to go along 
with the schematic showing the difference in comparison 
between the way the Bar Association Proposal is recommend- 
ing that police complaints be handled and the way our 



Internal Affairs Bureau is doing it now. Getting 
back to locations, it was our feeling yesterday at 
the meeting that this room which has a capacity for 
about 100 people may be too small for the first meet- 
ing, and we are recommending to the Commission that 
the first meeting be held upstairs. . That upstairs 
room has a capacity of approximately 500 and it's 
quite easy to get the people up there and probablv 
best suited to accommodate the large number of people 
that will appear for the first hearing. We also have 
another meeting coming up, that is the organizing group 
next Wednesday in case there are any changes of dates 
or locations, so that these can be publicized and 
brought to you. That is as Par as we have gone at. 
this time." 



Commissioner Gall. egos: "Have you had any queries 
from community groups for the dates on the hearings? 1 ' 



Deputy Chief DeAmicis : "No, we have not, unless the 
Secretary to the Commission has, I have had none. I 
have only had one letter in that whole time asking 
to be put on the mailing list and I have taken care 
of that, but I think what's happening is that there 
are newspaper reports that these hearings are pending 
and people are expecting to see It in the newspaper 
and they feel that there will be some wide publicity 
whenever these dates are selected and we are ready 
to go. I think we will be able to learn a lot from 
the first meeting as far as operations other than the 
number of responses that are shown." 



Commissioner Murphy: "Haven't we found too Captain, 
that the people, who are the neighborhood groups, who 
are very concerned with this, have been at the meetings 
where we have discussed when we were going to have 
the hearings, the contents and so on?" 



Deputy Chief DeAmicis: "Yes, I believe that is true." 



Chief Gain: "I have nothing further to report Mr 
President . " 



Commissioner Siggins : "We have not heard from the City 
Attorney in regard to his opinion. I was in Ills office 
today and I know he is working very hard on it." 

Commissioner Murphy: "Can you tell me a little bit of 
how -far you have proceeded with the reorganization' Chief . " 

Chief Gain: "Yes, it is being worked on. Tomorrow I 
have a meeting with staff and what is really needed Is 
a comprehensi ve write-up, a narrative to explain "why" 
this particular structure and hopefully we will have 
copies for you by the next meeting here to present to 
the Commission. We've had staff members, the Traffic 
Bureau for example, writing up their particular organ- 
ization and there has been a lot of discussion in that 
regard. And then I have had a couple of outside per- 
sons, experts, review the basic structure and gotten 



322 - 



comments from them and we still have areas to confer 
in. So it is not yet finished. What we have to do, 
frankly, in regard to reorganization, was to put it 
aside, particularly because of budget and other admin- 
istrative things that staff had to devote their atten- 
tion to, that is what has held up its submission to 
the Commission, the Reorganization Plan . " 



Commissioner Hall: "Chief, I. read the other day a 
group of churchmen, especially black churchmen, were 
endeavoring to acquaint the community and their churches 
on the correlation between drug and crime. They con- 
tend that inflation and unemployment this summer will 
create a greater problem in the black community. Just 
as food has gone up in the Super Market, they contend 
that drugs have gone up and they are not as accessible 
as they have been and this is going to create an add- 
itional problem this summer in the black community in 
particular and I wonder whether you share their appre- 
hension and concern... their thinking on this matter, 
I am thinking of it in light of the cut back we've 
had in personnel and also the problem of deployment." 



Chief Gain: "I am not sure I understand you, Commissioner, 
an increase in the drugs or increase in the 



Commissioner Hall: "No. They say that inflation and un- 
employment this summer may cause this increase in 
crime, may inflate the incidence of crime in the com- 
munity simply because drugs are hard to get and costly 
and because they are, it is going to create an addi- 
tional problem." 



Chief Gain: "I, frankly, haven't given it considera- 
tion or made a judgment on it." 



Commissioner Murphy: "It is something to watch in our 
statistics . " 



Chief Gain: "Well, we constantly do. According to 
Lieutenant Kerrigan in the Narcotics Bureau, drugs are 
quite prevalent now. Street sales are very prevelant 
in San Francisco. So I haven't gotten any reports at 
all that drugs are hard to get or that there are any 
lessening of sales because of price problems, but I 
will check into that. Mr. President, I should have 
mentioned this in my report and I didn't. Next week 
the Civil Service Commission lias calendared, again , the 
matter of the Director of Community Relations and I 
wanted to got the sense of the Commission so that I 
can relate it to the Civil Service Commission that 
the Commission .'till wants that position classified 
Director of Police Community Relations as an exempt 
position. I was sure that your feelings hadn't changed 
but I wanted to get it explicitly so I can relate it 
to them that you did voice tonight, your same position." 

Commissioner Siggins : "Thank you, Chief." 



REPORT OF CAPTAIN OF TRAFFIC, ROBERT C. SEGHY, EE ; 
NEW PROCEDURE FOR INSTALLATION OF RED, YELLOW AND 
GREEN ZONES. - CONTINUED ONE WEEK. 



Captain Seghy requested this matter put over for one 
week . 

Commissioner Murphy: "I would like to make (that 
motion because of the Blue Zone issue which lis an- 
other zone to consider. I talked with John Edmunds, 
an acquaintance of mine, who is an attorney and a 
paraplegic, and he had really no opinion about 
the Blue Zones. He may not want to appear personal- 
ly, but he wants to be sure the handicapped community 
leaders appear and discuss the Blue Zone issue. I 
think it would be appropriate to have It all at the 
same time." 



Commissioner Siggins stated that he felt that would 
be appropriate and it was agreed to have both matters 
on calendar at the same time. 



TRANSFER OF JITNEY BUS PERMIT - APPROVED 



The matter of the transfer of the right to 
operate a jitney bus by the following-named person 
was called, it having been advertised in the official 
newspaper in accordance with the provisions of ordi- 
nance applying thereto. The transferor and transferee 
appeared in person and were not represented by counsel. 
The Commission approved the transfer of whatever right, 
title or interest that the within-named transferor 
might have to operate a jitney bus to the within-named 
transferee; said approval contingent upon the transferee 
filing with the Police Commission the appropriate bond 
and/or insurance policy as provided by the Police Code : 



TRANSFEROR TRANSFEREE NO. OF PERMITS 

Richard J. Castle Maxie A. Garcia 1 
P.O. Box 223 59 Melra Court 

Laytonville, Calif. San Francisco, Calif. 

Route: Mission Street - Ferry to Sickles Avenue 

AYES; Commissioners Gallegos, Hall, Murphy, 
Siggins 

NOT VOTING: Commissioner Ciani. 
TRANSFER OF LIMOUSINE PERMIT - APPROVED 



The matter of the transfer of the right to 
operate a limousine by the following-named person was 
called, it having been advertised in the official 



-' 324 - 



newspaper in accordance with the provisions of ordinance 
applying thereto. The transferor and transferee appeared 
in person and were not represented by -counsel. The 
Commission approved the transfer of whatever right, title 
or interest that the within-named transferor might have 
to operate a limousine to the within-named transferee; 
said approval contingent upon the transferee filing 
with the Police Commission the appropriate bond and/or 
insurance policy as provided by the Police Code: 



TRANSFEROR TRANSFEREE NO. OF PERMITS 



Manfred Lazarus Yas Furuya 

2022 - 24th Avenue 47 Wood Street 

San Francisco, Calif. San Francisco, Calif. 



AYES: Commissioners Gallegos, Hall, Murphy, 
Siggins 



I 



NOT VOTING: Commissioner Ciani 



RESOLUTION NO. 229-76 

-^APPROVING IMMEDIATE FILLING OF VACATED CIVIL SERVICE 
POSITIONS OF THREE (3) Q60 LIEUTENANTS, OF P0LICF v EIGHT 
(8) Q50 SERGEANTS OF POLICE, AND SEVENTEEN (17) VACATED NON- 
CIVIL SERVICE POSITIONS OF O38O INSPECTORS OF POLICE IN 
THE SAN FRANCISCO POLICE DEPARTMENT. 



RESOLVED, that the recommendation of the 
Chief of .Police that the Police Commission adopt a 
resolution approving the immediate filling of vacated 
Civil Service positions of three (3) QbO Lieutenants 
of Police , eight (8) Q50 Sergeants of Police, and seven- 
teen (171' vacated non-civil service positions of 0380 
Inspectors of Police in the San Francisco Police De- 
partment, be, and the same is hereby approved. 

AYES: Commissioners Gallegos, Hall, Murphy, 
Siggins 



NOT VOTING: Commissioner Ciani 

* Title was changed from original calendar title to the 
above title by order of the Police Commission. 



RESOLUTION NO. 230-76 



SUPERIOR COURT ORDER COMMANDING THE POLICE COMMISSION 
TO SET ASIDE ITS DECISION DATED MAY 12, 1969, IN THE 
ADMINISTRATIVE PROCEEDINGS IN THE MATTER OF MICHAEL R. 
O'BRIEN, AND TO RECONSIDER ITS ACTION IN LIGHT OF THE 
COURT'S FINDINGS OF FACT AND CONCLUSIONS OF LAW. 



WHEREAS, in September of 1968, Police Officer 
Michael R. O'Brien, while off duty and returning to the 



- 3; 



city after a day of boating, became involved in 
minor traffic accident; and 



WHEREAS, the incident escalated into a 
physical altercation between Officer O'Brien and 
members of the community resulting in the fatal 
shooting by Officer O'Brien of one of the community 
members; and 



WHEREAS, Officer O'Brien having been crim- 
inally charged with manslaughter, and after a trial 
by jury was acquitted. He was then tried before the 
Police Commission for violation of Section 2.13 (un- 
officerlike conduct of the Rules and Procedures of 
the San Francisco Police Department) and terminated 
by the department in May, 1969, for unof f icerlike 
conduct ; and 



WHEREAS, Officer O'Brien appealed the 
action of the Police Commission to the Superior 
Court of the State of California, and on March 26, 
1976, that Court issued an order stating that the 
Police Commission abused its discretion in terminat- 
ing Officer O'Brien and ordered the matter back' to 
the Police Commission with instructions to reconsider 
the matter; and 



WHEREAS, on March 26,1976, in accordance 
with the City Attorney's Opinion, Michael R. O'Brien 
now reverts to the status of a suspended police 
officer awaiting a hearing on the dismissal charges, 
and any new proceedings should be conducted within 
the time requirements of the Police Department's Rules 
and Procedures; and 



WHEREAS, in accordance with Rule 5.159 of 
the Rules and Procedures of the San Francisco Police 
Department which states in part, "when a member is 
temporarily suspended pending the hearing of charges, 
the said charges shall be heard by the Board not more 
than thirty (30) days after the date of suspension;" 
and 



WHEREAS, the Police Commission has decided 
to rehear the matter, but because of the unusual cir- 
cumstances surrounding this case Is unable to conduct 
a hearing within the prescribed time limit; and 

WHEREAS, because of the unavoidable delay 
in hearing this matter the Commission feels that in 
the interests of justice, Michael R. O'Brien should 
be reinstated as a member of the San Francisco Police 
Department; therefore be it 



RESOLVED, that the Police Commission in 
preparation for a rehearing of the Michael R. O'Brien 
matter floes hereby order that he be reinstated as a 



- d^b - 



member of the San Francisco Police Department; and 
be it further 



RESOLVED, that it is the order of the Police 
Commission that Police Officer Michael R. O'Brien's 
reinstatement shall be retroactive to April 26, 1976, 
and compensation and benefits he would have earned from 
that time shall be designated as earned by him commen- 
cing at that time. 



AYES: Commissioners Gallegos, Hall, Murphy, 
Siggins 



NOT VOTING: Commissioner Ciani 



RESOLUTION NO. 231-76 



HEARING OP POLICE OFFICER GEORGE MOISSANT, TARAVAL 
POLICE STATION 



WHEREAS, the hearing of Police Officer 
George Moisaant, Taraval Police Station, was called, 
it having been set for this date; and 



WHEREAS, Mr. George Engler, attorney for 
Police Officer George Moissant, appeared before the 
Police Commission and stated that since Officer Moissant 
is still undergoing medical treatment for his condition 
that a hearing at this time would be detrimental to his 
health; therefore be it 

RESOLVED, that the date for the hearing of 
the disciplinary charges filed against Police Officer 
George Moissant is set for Wednesday, June 16 , 1976 
at 5:30 p.m., in Room 551, Hall of Justice. 

AYES: Commissioner? Gallegos, Hall, Murphy, 
Siggins 

NOT VOTING: Commissioner Ciani 



RESOLUTION NO. 232-76 



HEARING OF APPEAL OF SUSPENSION WITHOUT PAY OF POLICE 
OFFICER LEROY HENRY, JR., INGLESIDE POLICE STATION, 
CONTINUED TO JUNE 9, 1976. 



WHEREAS, the hearing of the appeal of suspension 
of Police Officer Leroy Henry, Jr., Ingleside Police Sta- 
tion, was called, It having been set for this date; and 



- 327 - 



WHEREAS, a communication was received from 
Police Officer Leroy Henry, Jr., requesting a contin- 
uance in this matter as his attorney .would be unavail- 
able for today's scheduled hearing; therefore be it 

RESOLVED, that the request for a continuance 
in the hearing of the appeal of the disciplinary sus- 
pension filed against Police Officer Leroy Henry, Jr., 
be, and the same is hereby approved, and continued to 
Wednesday, June 9, 1976 at 5:30 p.m., in Room 551, 
Hall of Justice. 



AYES: Commissioners Gallegos, Hall, Murphy, 
Siggins 



NOT VOTING: Commissioner Ciani 



RESOLUTION NO. 2 33-76 
NANCY Y. ALLEN 



RESOLVED, that the recommendation of the 
City Attorney for settlement Of the claim of Nancy 
Y. Allen against the City and County of San Francisco 
in the sum of $12.50 as the result of damages sustained, 
be, and the same is hereby approved. 



Date of Incident: April 2, 1976 



AYES: Commissioners Gallegos, Hall, Murphy, 
Siggins 

NOT VOTING: Commissioner Ciani 



RESOLUTION NO. 23^-76 



CHRIS PABRE 



RESOLVED, that the recommendation of the City 
Attorney for settlement of the claim of Chris Fabre 
against the City and County of San Francisco in the 
sum of $21.00 as the result of a faulty tow, be, and 
the same is hereby approved. 

Date of Incident: March 11, 1976 

AYES: Commissioners Gallegos, Hall, Murphy, 
Siggins 

NOT VOTING: Commissioner Ciani 



328 - 



RESOLUTION NO. 2.35-76 
ELIAS KHOURI 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Ellas 
Khouri against the City and County of San Francisco 
in the sum of $500 as the result of a collision with 
a police vehicle be, and the same is hereby approved, 



Date of Accident: March 10, 1976 



AYES: Commissioners Gallegos, Hall, Murphy 
Siggins 

NOT VOTING: Commissioner Ciani 
i 



RESOLUTION NO. 236-76 



PHILIP F. MARKS 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Philip 
F. Marks against the City and County of San Francisco 
in the sum of $31.85 as the result of damages sustained, 
be, and the same is hereby approved. 



Date of Incident: January 19, 1976 



AYES: Commissioners Gallegos, Hall, Murphy, 
Siggins 

NOT VOTING: Commissioner Ciani 



RESOLUTION NO. 237-76 



GARY MORO 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Gary 
Moro against the City and County of San Francisco 
in the sum of $23.33 as the result of a faulty tow, 
be, and the same is hereby approved. 

Date of Incident: February 24, 1976 

AYES: Commissioners Gallegos, Hall, Murphy, 

Siggins 

NOT VOTING: Commissioner Ciani 



...... 



RESOLUTION NO. 2 38-76 " 
JOYCE D. RICE 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Joyce 
D. Rice against the City and County of San Francisco 
in the sum of $214.23 as the result of a collision 
with a police vehicle, he, and the same is hereby 
approved. 



Date of Accident: February 6, 1976 



AYES: Commissioners Gallegos, Hall, Murphy, 
Siggins 

NOT VOTING: Commissioner Ciani 



RESOLUTION NO. 239-76 



ENOMOTO SHIGERU 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Enomoto 
Shigeru against the City and County of San Francisco 
in the sum of $253-62 as the result of a collision 
with a police vehicle, be, and the same is hereby 
approved. 



Date of Accident: February 13, 1976 



AYES: Commissioners Gallegos, Hall, Murphy, 
Siggins 

NOT VOTING: Commissioner Ciani 



RESOLUTION NO. 2^0-76 

EVIE STONE 

RESOLVED, that the recommendation of the 
City attorney for settlement of the claim of Evie 
Stone against the City and County of San Francisco 
in the sum of $18.00 as the result of a faulty tow, 
be, and the same is hereby approved. 

Date of Incident: March lH , 1976 

AYES: Commissioners Gallegos, Hall, Murphy, 
Siggins 

NOT VOTING: Commissioner Ciani 



- 330 - 



RESOLUTION NO. 3*11-76 
JAMES I. OR BONNIE WILLIAMS 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of James 
I. or Bonnie Williams against the City and County 
of San Francisco in the sum of $494.66 as the result 
of a collision with a police vehicle, be, and the 
same is hereby approved. 



Date of Accident: February 12,. 1976 



AYES: Commissioners Gallegos , Hall, Murphy, 
Siggins 

NOT VOTING: Commissioner Ciani 



RESOLUTION NO. 242-76 
JAMES R. WILSON 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of James 
R. Wilson against the City and County of San Francisco 
in the sum of $21.00 as the result of a faulty tow, be, 
and the same is hereby approved. 



Date of Incident: March 22, 1976 



AYES: Commissioners Gallegos, Hall, murphy, 
Siggins 

NOT VOTING: Commissioner Ciani 



RETIREMENT 



Communication was received from the Retire- 
ment Board officially notifying the Police Commission 
of the retirement of Sergeant Robert T. Good, Richmond 
Police Station, for industrial disability, effective 
May 22, 1976. 

The communication was ordered filed. 

AYES: Commissioner:' Gallegos, Hall, Murphy, 
Siggins 



NOT VOTING: Commissioner Ciani 



1 _ 



RESOLUTION NO. 24 3-76 



REQUEST TO TRANSFER RESERVE FUND: 



RESOLVED, that the Controller be, and he 
Is hereby requested to transfer reserve funds in the 
sum of $7,000 to allotted funds in Appropriation No. 
5.161.112.000.000 (Holiday Pay - Uniformed Force) to 
cover pending payrolls. 



AYES: Commissioners Gallegos, Hall, Murphy, 
Siggins 



NOT VOTING; 



Commissioner Ciani 



RESOLUTION NO. 244-76 



AUTHORIZING ATTENDANCE OF INSPECTOR RENZO R. PANELLI , 
INTELLIGENCE UNIT, AT A CRIMINAL INTELLIGENCE COMMAN- 
DER'S COURSE IN SACRAMENTO, CALIFORNIA, FROM JUNE 14 , 
1976 to JUNE 18, 1976, INCLUSIVE. 



RESOLVED, that the recommendation of the 
Chief of Police that Inspector Renzo R. panelli, In- 
telligence Unit, be detailed to attend a Criminal 
Intelligence Commander's Course in Sacramento, Cal- 
ifornia, from June 14, 1976 to June 18, 1976, inclus- 
ive, be, and the same is hereby approved; and be it 
further 



RESOLVED, that expenses incurred by Inspector 
Renzo R. Panelli, Intelligence Unit, in a sum not to 
exceed $176.00 in attending this course will be defrayed 
by the Police Department's Police Officers' Training 
Fund . 



AYES: Commissioner; 
Siggins 



Gallegos, Hall, Murphy, 



NOT VOTING 



Commissioner Ciani 



WEEKLY SICK REPORT 



Chief Gain submitted a report of members of 
the Department off duty due to sickness and disability 
for the week ending Saturday, May 29, 1976 at 2400 
1 1 o u r s a s follow s : 



- 332 - 



PREVIOUS WEEK 



Daily average for the week sick 53 47 
Daily average for the week disabled 116 117 

TOTALS 



169 



164 



This is an increase of five (5) members off duty 
daily from the previous week. 

PREVIOUS WEEK 



Daily percentage for the week sick 2.95 
Daily percentage for the week disable d 6. 70 

TOTALS 9.65 



6.75 
2.62 



9.37 



Disabled at start of week 
Started during the week 
Returned during the week 
Disabled at the end of week 
Net Gain or Loss 



117 

8 

14 

111 

-6 



Sick and disabled for week 
ending Saturday, May 1, 1976 
at 2400 hours: 



Sick and disabled for 
week ending Saturday, 
May 31, 1975 at 2400 
hours : 



Daily average for 

the week sick 48 

Daily average for 

the week disabled 123 



TOTALS 171 

Daily percentage 

for the week sick 2.64 

Daily percentage 

for the week disabled 7.02 



TOTALS 9.66 



The report was ordered filed, 



Daily average for 
the week sick 

Daily average for 
the week disabled 



Daily percentage 
for the week sick 



^3 
77 



120 



2.27 



Daily percentage 

for the week disabled 4.24 



6.51 



AYES: Commissioners Gallegos, Hall, Murphy, 
Siggins 



NOT VOTING 



Commissioner Ciani 



The Commission then adjourned its meeting, 




- 333 - 



^ 



9 JUNE 1976 f REGULAR MEETING 



Th^Police Commission of the City and 
County of^S-an Francisco met in their chambers, 
Room 551, Hall of Justice, 850 Bryant Street, 
on Wednesday, June 9, 1976 at 1730 hours, in 
regular session: 



PRESENT: Commissioners Ciani, Gallegos, Murphy, 
Siggins 



DOCUMENTS 

JUN 2 i 1976 



3 



ABSENT: Commissioner Hall 
Commissioner Siggins presiding. 



i The members of the Commission, having 
been furnished copies of the minutes of June 2, 
1976, reading of same was dispensed with and the 
minutes were approved. 



AYES: Commissioners Ciani, Gallegos, Murphy, 
Siggins 

NOT VOTING: Commissioner Hall 



CHIEF'S REPORT TO THE POLICE COMMISSION 



Chief Gain: "Mr. President, Members of the Commission, 
I would like to report on two things tonight. First, in 
regard to the Internal Affairs Bureau and its' work load 
the number of cases in Internal Affairs, particularly 
the pending cases are such that I am putting five addi- 
tional investigators in that Bureau to get rid of the 
backlog and also because of the work load, as of Monday, 
we are assigning a Captain to the Internal Affairs. The 
Captain who had been there, Captain Elbert, is now on 
disability leave. So, because of the work load and the 
need for more personnel, five investigators plus a Cap- 
tain are being transferred in. So I wanted to relate 
that to you. Captain McSweeney who is currently in 
charge of the Personnel Bureau will be assigned. What 
is occurring is, as of the 23rd of this month, if noth- 
ing goes wrong, the Sheriff's Department will take over 
the City Prison and as a consequence of that, Captain 
Conroy will be available for re-assignment. So my plan 
is to re-assign Captain Conroy and we have Captain McSweeney 
go to Internal Affairs. 

Commissioner Siggins: "The investigators will be from 
the Sergeant's level or will they be " 

Chief Gain: "They are coming from the Inspectors Bureau. 
They will be Inspectors who have the Sergeant's rank also. 



- 334 - 



All full Inspectors. Which means of course on a work- 
load basis that something is going to' suffer there." 



Commissioner Gallegos : "Chief, are the personnel as- 
signed, to the Internal Affairs Bureau given any con- 
firmation or training period by way of developing some 
uniformity, objectivity in terms of " 



Chief Gain: "Well, they are all trained investigators 
and of course what Chief Mclnerney has done is to pick 
out individuals based upon their investigative skills 
and based, in part, on their willingness to go there. 
And then when we go to Internal Affairs, the Lieutenant 
and Captain McSweeney, who has had previous experience 
there, will train them in the specifics of the Internal 
Affairs investigative procedures. So that will be done. 
The second thing that I would comment upon and I make 
a request to the Commission in regard to it, is the mat- 
ter of the Director of the Community Relations Bureau. 
As we know it has been pending for some time now before 
the Civil Service Commission, a request by the Police 
Commission to classify that position as an exempt posi- 
tion. The meetings have been carried on by the Civil 
Service Commission for various reasons. They will be 
meeting again now on the twenty-first of June. My 
recollection is that the matter went before the Civil 
Service Commission as a result, of a supplemental budget 
request that we submitted, because this fiscal year is 
running out and just to make it clear to the Civil Ser- 
vice Commission that the Police Commission desires that 
matter be acted upon, I would request the Commission 
to entertain a resolution or a request, whichever is 
appropriate, directed to the Civil Service Commission 
voicing your desires to have them act upon that class- 
ification as an exempt position because it is your in- 
tention to submit if It is appropriate to do so, if 
necessary, after 1, July, another Supplemental Budget 
Request to effectuate the exempt position in budgeting 
by the Board of Supervisors for that position. Last 
week I asked you to convey ' the; sense Of v. fehe, Commas sAxjn 
which you did, I would like to have the Commission now 
formalize it so that the Secretary can address a writ- 
ten communication to the Civil Service Commission in 
which they have before them on the 21st, we call to 
your attention that we still want that position classified 
as exempt and that we intend to pursue the matter even 
into the next fiscal year, if necessary, by the submis- 
sion of another Supplemental Budget request." 



Commissioner Gallegos : "I would ask is there something 
we can say that we haven't said already that would under- 
score our concern and bring forth the importance of the 
matter of what it is we are trying to do? I think the 
hearings that were held certainly pointed out the public's 
interest and concern for it and the Commission's state- 
ment was strongly in favor for it." 

Commissioner Murphy: "I think a motion could give our 
sense of what we want to say and should be strongly 
worded to make it clear our continued concern that 
this position be an exempt one." 



- 335 - 



Commissioner Siggins : "Okay, all in favor?" 
Commissioners: "AYE" 

Chief Gain: "That concludes my report." 
Commissioner Siggins: "Thank you, Chief." 



SAN FRANCISCO POLICE DEPARTMENT PROPOSED PROCEDURES 
FOR FIELD STOPS . 



Chief Gain: "Deputy Chief DeAmicis Will speak on this 
matter, Mr. President." 



Deputy Chief Clement D. DeAmicis : "Mr. President, 
Members of the Commission, much has been written 
about what is not permissable whenever a police 
officer has bystanders at the scene of an arrest or 
some emergency. Very little has been written about 
the rights of people who may stay on as onlookers at 
the scene of a field interrogation or arrest. Some 
community people have approached the Department and 
working with the Chief and also some other police 
officers of various ranks, we have come up with a 
policy statement which includes the rights of on- 
lookers remaining at the scene of a field interro- 
gation or arrest of which you have a copy of those 
partiuclar rights. We are asking at this time that 
you consider the inclusion of these rights in the Patrol 
Officers Manual." 



Commissioner Ciani : "May I ask a question? How does 
this compare ... .could you just give us a rough idea 
to the April 23rd document that we discussed, I believe 
at the March 10th meeting, this was the one prepared 
by the Northern Police Practices Project?" 

Deputy Chief DeAmicis: "I am not familiar with that 
document unless it is the one, well, there are some 
differences. Probably one of the crucial differences 
is that in that original document they wanted the on- 
looker or the bystander to be able to get close enough 
to hear everything said by the Officer to the person 
whom he stopped or was in the process of arresting. 
That is not included in our document. Another one was 
that they wanted as many as two people to be there. We 
have no specified number of people to be there. And 
we would deal more with circumstances having to do 
with what kind of a situation it was and also did not 
want the police to be in a position where they had to 
stay so that other people could hear. There are many 
times when we just want to take someone and put them 
in a car and go away from the scene. So we didn't 
want to lock our Officers into a situation where they 
had to make an arrest or interrogation in the presence 
of people and could not move them for safety reasons." 



- 336 - 



Chief Gain: "What we would request at this time, 
Mr. President, is scheduling for public hearing 
which we request if granted, for June l6th." 

Commissioner Murphy: "Would this be appropriate 
to include in the set of meetings we are going to 
have on the Bar Association hearings? I know it 
is a different subject in one way, but it is also 
related it seems to me. Wouldn't it be worth ex- 
ploring that much, it seems to be fairly complicated." 

Chief Gain: "It is scheduled, hopefully , for June 0.6th, 
there will be Community Organization Representatives 
here, Police Practices Persons, and they probably will 
be submitting their original proposal as a counter 
proposal to these procedures. So that at that meeting 
there will be there at least several persons from the 
community here." 



Commissioner Murphy: "I don't think that is bad at 
all. Let's have that, but I just wondered if the 
subject couldn't be brought up, also at the other 
meetings . " 

Chief Gain: "That was the opinion not only perhaps 
I think they are unrelated issues but it would pro- 
bably make the other hearings • more complex if you 
try to join that issue with them." 



Commissioner Murphy: "Okay." 



Commissioner Siggins : "So, let's put it on calendar 
for next week and see where we go from there." 



POLICE COMMISSION DISCUSSION REGARDING PLANS FOR 
HOLDING PUBLIC HEARINGS ON THE BAR ASSOCIATION'S 
CITIZEN COMPLAINT PROCEDURES. 



Deputy Chief DeAmicis: "Mr. President, Members of the 
Commission, we are still in the process of preparing 
for those for the first hearing on the 19th and hearings 
subsequent to that date. Yesterday the Secretary to the 
Commission mailed out 250 mailers to Community Groups, 
News Media, and to the Police Associations. Also, we 
made a survey of the locations that we had listed and 
that have already been approved and found that the 
Horace Mann School as had been promised to us by the 
School Department was no longer available and decided 
to move some equipment into the area that we wanted 
to hold the meeting. Therefore, I have selected LeConte 
School, which is at Army and Harrison Streets and is 
directly across the street from Lulac , which is one of 
the Community Centers used extensively by people in the 
Mission. Today I was contacted by Mr. Peter Torres 
of the Police Incidents Group and his recommendation 



- 337 - 



was that we not have the meeting at LeConte School 
but rather that we have it at the Mission Neighborhood 
Center at 20th and Capp Streets or 362 Capp Street. I 
recommend again that we stay with the public school and 
for the reason that we gave earlier and that is «the 
public schools are considered neutral ground and not 
anybody's turf. And that is the reason that I recommend 
again that we stay there. LeConte is again across from 
the Community Center that is used frequently, it does 
have access to transportation. The lines 23, 25 and 27 
go there and if we moved it to the Capp Street location 
it would be further away for the Bernal Heights people." 

Commissioner Murphy: "How is their Auditorium?" 



Deputy Chief DeAmicis: "It will hold approximately 
200 to 250 people." 



Commissioner Siggins acknowledged Mr. Peter Torres 
request to speak. 



Mr. Peter Torres: "I suggest the Mission Neighborhood 
Center mainly because it is centrally located in the 
inner Mission and what we would be drawing from is 
Castro, Bernal Heights, Potrero, so if it is left at 
Le Conte, LeConte is at the peripherial of the inner 
Mission. It is on Army Street, it is just not that 
centrally located. The neighborhood center is located 
a half block from Mission Street. That's a major 
artery with bus service, very frequent bus service. 
And it's my feeling to say that facility, I think you can 
total 200 people .... can sit down in a lot of comfort. 
There is a stage, it is a very usable spot, old people 
use it for meetings. It is a district community center. 
So I would suggest it because it is centrally located, 
there will be a lot of older people in the community 
who will want to attend this meeting and if it is held 
up on Army Street it will be very hard for people who 
live in that inner core to get out there. While if it 
is located in that central area in the inner Mission, 
people will be able to go out there easily. And I think 
what we are concerned about now is keeping it in an area 
where the people will be able to get near a center. 



Commissioner Siggins: "We have already been through 
this at one time and certain groups designated certain 
areas and I think that LeConte comes within that area 
that was requested, actually " 



Mr. Peter Torres: "Well, what happened at that point 
you suggested James Lick so what we were doing.... we 
don't want to go up in Noe Valley, so we said Lulac 
just to get away from James Lick up on top of the Moun- 
tain. But now I think we have come up with a better 
place for the meeting and that is the center or the 
neighborhood center." 



Commissioner Ciani: "Captain DeAmicis, can you describe 
the facilities at the Neighborhood Center?" 



- 338 - 



Deputy Chief DeAmicis : "The last time I was at the 
Neighborhood Center was seven years ago and I haven't 
been in there since. And probably Mr. Torres can 
do better in describing that center since he has 
been there recently." 



Commissioner Ciani : "Well, what are the facilities 
Mr. Torres, is there a suitable auditorium?" 



Mr. Torres: "Yes, there is a suitable auditorium 
with a full stage, there are chairs there, it is a 
complete auditorium with complete facilities. I don't 
know what to comment other than . just one big room. 
This is actaully an auditorium with a stage and this 
is set up in the Mission." 



Commissioner Gallegos : "I am familiar with the Center. 
I think in light of the fact MissionNeighborhood Center 
has had so many problems, I mean it has had a lot of 
turmoil in the last few years, I think the idea of 
neutral grounds is proper and that is my opinion. And 
also, I think that from a street point of view, Army 
Street is safer, it has more light. Whereas the 
alley on Capp a block down from South Van Ness is 
poorly lighted. I think that Le Conte should definitely 
be used. I think that location would be satisfactory. 
It Is accessible to Bernal Heights and Potrero Hill 
and the imporant thing is to get Into the Community." 



Commissioner Siggins : "Chief, the announcements 
that went out yesterday pertains only to the Saturday 
Hearing, is that correct?" 

Deputy Chief DeAmicis: "Yes, that is right. And that 
is because we had a problem with the school that we 
just mentioned. Now that that school is locked in 
we are going to put out a mailer, either late this week 
or early next week to all the press people and again 
to all the neighborhood community groups." 



Commissioner Siggins: "I think that we should wait 
until we have had the first meeting before putting 
out more mailers, if that is alright? I have spoken 
to the Executive Director of the Bar Association and 
he has given me a different idea than we are getting 
here, that it wasn't that much of a rush. Especially 
if all the Commissioners could not be at the hearings. 
He was willing to forego the meeting on Saturday, but 
I told him that the mailers had already gone out. He 
was more concerned about the response of the City 
Attorney's Opinion, but I told him we would go ahead 
on Saturday." 



Commissioner Gallegos: "I am curious, is there any 

request to R.S.V.P. by phone or letter relative to 

the individual organizations interested in testifying?" 



Sergeant Prazler: "No, it just advises interested 
parties of the meeting on the 19th and how they may 



■ 



- 339 - 



obtain the Bar Association's proposal and the cur- 
rent Police Department procedures." 



Commissioner Ciani: "You say that 250 mailers have 
been mailed out, has there been any effort to get 
radio and television spot announcements?" 



Deputy Chief DeAmicis: "No, it is our intentions 
that once we are ready to notify the media of the 
specific dates then it is at that time we will ask 
for public service." 



Commissioner Ciani: "May I make a request that you 
coordinate that with the Bar Association because I 
think that they are also interested in knowing what 
type of publicity is being sought so that they can 
be of some help." 



Commissioner Siggins : "Thank you, Chief." 



POLICE COMMISSION DISCUSSION RELATIVE TO CREATION 
OP BLUE PARKING ZONES LIMITED EXCLUSIVELY TO THE 
VEHICLES OP PHYSICALLY HANDICAPPED PERSONS. 



Captain Robert Seghy reporting: "Mr. President, Mem- 
bers of the Commission, we have at this time sent out 
notices to 14 agencies in dealing with handicapped per- 
sons requesting input from those agencies relative to 
locations of probable Blue Zones. We requested that 
they send their response in by the 8th, which is fairly 
short notice. We were trying to get it prepared for 
this hearing and there has been only one response at 
this time." 



Commissioner Murphy: "May I ask who that is from 
Captain?" 



Captain Seghy: "Yes, that is from a Mrs. Rose Resnick, 
California League for the Handicapped. We are hoping 
to get something as far as specific locations. We know 
that we want them for Public Buildings, Hospitals and 
such, and if we don't get responses to these personal 
letters we sent out, we will make personal phone call 
contacts with the agencies to the extent possible to 
get some input. I have discussed with Sergeant Roche 
today, the possibility of rough-drafting legislation 
which we would have ready to go subject to the Commission's 
approval for the Blue Zone activity as soon as we can 
get the Legislation and probable zoning areas." 

Commissioner Murphy: "Well, I have been very interested 
in this because I have an acquaintance, a friend, a John 
Edmunds, who is a paraplegic and he has worked very hard 



- 3^0 - 



with the Muni and various other organizations on 
this. I did talk to him and he was hoping that a 
couple of the men who worked on this very hard 
would be here tonight to testify. I don't know 
if they are or not. In any event, are you here? 
Oh good, and he gave me some ideas which he has 
not worked on himself but he wants to be sure, I 
think the group that he is in contact with wants 
to be sure, that not every place is made blue or 
that the kind of situation which would be very 
helpful to them, I am glad you are here to talk 
about it but he offered to help on it." 



Gaptain Seghy : "Fine, I would ask that the gentleman 
put himself in contact with Sergeant Etherington of 
Traffic Survey." 



Commissioner Murphy: "I will give you his telephone 
number ri'ght here, right now." 



Commissioner Gallegos : "Captain, the question now 
of identifying locations that are most likely to be 
canvassed for Blue Zones, I had a question with re- 
spect to vehicles, as to what kind of vehicles could 
be parked there, for example, the D.V. License Plates 
or for example, the vehicles that transport the handi- 
capped, like the recreation for the handicapped which 
they obviously do, I don't know if they have special 
license plates, but they are clearly marked In that 
manner so what kind of vehicles would be authorized 
to park there? How would you know if an automobile 
was indeed being used to transfer handicapped persons?" 

Captain Seghy: "Short of enabling local legislation 
we would follow the requirements of the vehicle code 
which specify those vehicles with their type license. 
There is.... you have the right to enact enabling legis--' ; .: 
lation locally, my personal feeling is that you have 
to be a little cautious because of the people who would 
not be utilizing these Blue Zones to the detriment of 
those who are certainly entitled to these zones. The 
Department of Motor Vehicles seemed to have put fairly 
stringent standards for their use and I would think that 
is really for the benefit of those who have to use them." 



Commissioner Murphy: "I think one of the points John 
made was that they really was not so concerned about 
having places in front of 450 Sutter for example, a Dr!s 
Office, it is more for shopping and that kind of thing 
that they wanted the people to have the privilege of 
parking. It is so difficult for them to get into stores. 
It is not for hospitals, it wasn't for office buildings 
where doctors were and that sort of thing. Maybe we 
can hear from this gentleman here." 



Mr. Ray Muzzeta: "My name is Ray Muzzeta. I am the 
President of the California Association of the Physically 
Handicapped here in San Francisco. We are the group 
responsible for the Resolution that brought this matter 
before the Police Commission. I agree with what you say. 
I think what we are really after Is the establishment of 



- 3^1 - 



Blue Curb zones In various parts of San Francisco. 
What I would really strongly suggest .rather than 
completely take up a lot of your time, perhaps we 
can get together with the Captain in the Traffic 
Bureau and with other agencies we would be willing 
to coordinate this meeting and we could sit down 
and perhaps prioritize areas in San Francisco where 
we would like to see Blue Curbs established and then 
come back to the Commission with those specific plans 
which has been approved by the various agencies and 
consumer groups in San Francisco." 



Commissioner Siggins : "How does that sound to you, 
Captain?" 



Captain Seghy : "We would welcome input from anyone 
who is knowledgeable in this field." 



Commissioner Siggins" "Do I understand it now that 
the Vehicle Code sets up some kind of standards?" 



Mr. Muzzeta: "Correct. Usually it is the loss of a 
limb or use thereof one or more limbs or using a mechan- 
ical device . " 



Commissioner Siggins: "It sets up a standard for some- 
one to qualify to use the Blue Zones but doesn't it 
leave it up to the City or the local ?" 



Captain Seghy: "As I understand it Commissioner, you 
have the right to go beyond that limit in setting up 
a Blue Zone whenever it's needed for disabled individ- 
uals and you can go beyond the tight limitations if you 
so desire . " 



Commissioner Siggins : "Well that is fine, we can get 
something started." 



Commissioner Murphy: "I think that is great, that is 
certainly what John wanted and what I was interested 
in." 



Commissioner Gallegos: "Mr. Muzzeta, I am curious to 
know how many stores for example, or shopping centers 
are cooperating with you. For example, when you send 
a letter asking them to set aside a certain number of 
parking stalls that are within close range of the store 
that could be set aside like in Stonestown or different 
Supermarkets, have you had any luck in getting any re- 
sponse from the shopping centers?" 

Mr. Muzzeta: "Well, we haven't really to this point, 
actively gone out and tried to negotiate with the var- 
ious places to get them to set aside areas. I know in 
other communities that there has been a lot of moves 
towards actively going to shopping centers to get them 
to set aside spaces and they are pretty successful in 



- 3^2 - 



other cities. I know, like for example, the Civic 
Center in Hayward, they have four spots in which they 

are indentifying spots, we have that here in San 

Francisco at the Airport. There is about 8 spots." 



Commissioner Siggins : "It is still a matter of edu- 



cation, knowing what a Blue Zone i; 



it 



Captain Seghy : "Additionally, I would hope when we 
begin the program, people can become aware of them 
that we will receive applications, just as we do for 
any other type zones and for those who want them, we 
will survey them in the same manner and have them 
before the Commission as they are proposed." 



REPORT OF CAPTAIN OF TRAFFIC, ROBERT C. SEGHY, RE 
NEW PROCEDURE FOR INSTALLATION OF RED, YELLOW AND 
GREEN ZONES. 



Captain Seghy: "Mr. Commissioner, we have at this 
time, close to 14 locations since we initiated this 
action and we have nothing before the Commission in 
the way of public notification this week. Next week 
there is one application that has a letter on file, 
an individual protesting the Green Zone location on 
O'Farrell Street, the 600 block. We had two loca- 
tions for revocation coming before the Commission 
on the Consent Agenda this evening, both of which 
were posted but received no public notification. 
But then of the 14 locations that have been posted, 
we have one public response." 



Commissioner Siggins: "When you say no public noti- 
fication, you mean?" 



Captain Seghy: "No one notified the Department in 
any way. " 



Commissioner Ciani: "It is nice to get some rein- 
forcement that you are doing things right. I still 
think that it is a measure of success, though, I 
wouldn't expect a deluge of responses to this type 
of notice. I think it is the provision of a fair 
procedure that is more important than how many people 
actually respond to it." 



Captain Seghy: "Well, if I may say, when we first 
did this I wasn't too sure about it, but I saw that 
Mission Street fiasco where they are going to block 
off all of Mission Street and nobody around here knew 
about it, but it seems that a notice like this might 
have helped." 



Commissioner Murphy: "At least they would have had a 
chance to protest." 



- 3h-< - 



Commissioner Siggins : "Okay, thank you, Captain 
Seghy." 



RESOLUTION NO. 2^5-7* 



CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY 
(CHINATOWN RICKSHAW PERMIT) HEARING TO REVOKE - 
CONTINUED TO SEPTEMBER 1 , 1976 



WHEREAS, there was granted to Edmund L. 
Jung on August 10, 1964, a permit and/or license 
for the operation of three (3) Chinatown Rickshaws 
and 



WHEREAS, pursuant to an investigation con- 
ducted by. the Vehicle Inspection Detail of the San 
Francisco Police Department, the Chief of Police was 
advised that Edmund L. Jung was not operating his 
Chinatown Rickshaw, and had not so operated said 
vehicle for a period in excess of ten (10) consecu- 
tive days and was, therefore, in violation of the 
provisions of Section 1079 of the Police Code; and 



WHEREAS, Mr. Edmund L. Jung appeared be- 
fore the Police Commission on 'Wednesday , July 30, 1975, 
Wednesday, October 8, 1975, Wednesday, December 10, 
1975, Monday, February 9, 1976, Wednesday, March 17, 
1976, and on Wednesday, June 9, 1976, and each time 
requested an extension of time to allow him to resume 
his Chinatown Rickshaw service: and 



WHEREAS, the Police Commission feels that 
an additional extension of time should be granted to 
Mr. Jung because of planned public hearings to be held 
by the Police, Fire, andSafety Committee of the Board 
of Supervisors which may bring about legislation and 
authorization for him to charge a higher fee for the 
passengers utilizing his rickshaw services; therefore 
be it 



RESOLVED, that the request of Mr. Edmund L. 
Jung for an extension of time to which the Police Com- 
mission does hereby grant to September 1, 1976, to re- 
sume his Chinatown Rickshaw service, be, and the same 
is hereby approved. 



AYES: Commissioners Ciani , Gallegos, Murphy, 
Siggins 



NOT VOTING: Commissioner Hall 



- 344 - 



HEARING OF APPEAL OF SUSPENSION WITHOUT PAY OF POLICE 
OFFICER LEROY HENRY, JR., INGLESIDE POLICE STATION 



The hearing of the appeal of suspension 
of Police Officer Leroy Henry, Jr., was called, it 
having been set for this date. Officer Henry appear- 
ed in person and was represented by Mr. Bertrand A. 
Bley , Attorney at Law. 

Sergeant David P . Roche, Legal Office, 
appeared as Prosecutor for the Police Department. 

The following-named witnesses appeared 
for the Prosecution, were sworn and testified: 

Mr. William W. Henry 
' Independent Newspaper Carrier 
335 Grove Street 
San Francisco, California 

Police Officer Budd Armstrong 
Central Police Station 

Police Officer Aaron 0. Barnes 
Central Police Station 

At this time, Mr. Bley made a motion 
for a Summary Judgment to set aside the Chief's 
suspension of Police Officer Leroy Henry, Jr. The 
motion was denied by the Commission. 

The following-named witnesses appeared for 
the Defense, were sworn and testified: 

Police Officer Leroy Henry, Jr. 
Ingleside Police Station 

Ms. Genevieve Gross 

801 Jones Street 

San Francisco, California 

A closing argument was then presented by 
Sergeant David P. Roche, Legal Office. 

A closing argument was then presented by Mr. 
Bertrand A. Bley, Attorney at Law. 

i 

The Commission took the matter under sub- 
mission and then recessed from 2120 hours to 2130 ,.J 
hours after which the following resolution was adopted: 

RESOLUTION NO. 2 4 6-7_6 

DECISION - HEARING OF APPEAL OF SUSPENSION WITHOUT PAY 
OF POLICE OFFICER LEROY HENRY, JR., INGLESIDE POLICE 
STATION. — — 



-345 - 



WHEREAS, Police Officer Leroy Henry, Jr., 
Ingleside Police Station, was suspended without pay 
by the Chief of Police pursuant to Section 8.3^3 of 
the Charter of the City and County of San Francisco, 
and Rule 3.06 of the Rules and Procedures of the San 
Francisco Police Department , for a period of one (1) 
day, effective 0001 hours, Thursday, May 13, 1976, 
and terminating at 0001 hours, Friday, May l4, 1976; 
and 



WHEREAS, pursuant to Rule 5.160 of the Rules 
and Procedures of the San Francisco Police Department, 
Police Officer Leroy Henry, Jr., Ingleside Police Station, 
did file with the Secretary of the Police Commission a 
written appeal of his supension by the Chief of Police; 
and 



WHEREAS, a hearing on said suspension was heard 
by the Police Commission on Wednesday, June 9> 1976, 
and on Wednesday, June 9, 1976, the matter was submit- 
ted to the Police Commission for decision; and 



WHEREAS, the Police Commission finds that 
said charges made and filed against Police Officer 
Leroy Henry, Jr., are sustained by the evidence pre- 
sented .,at the said hearing held on June 9, 1976, 
and that Police Officer Leroy-Henry, Jr., violated 
Section 2.13 of the Rules and Procedures of the San 
Francisco Police Department; therefore be it 



RESOLVED, that it is the order of the Police 
Commission that the Chief's suspension of Police Officer 
Leroy Henry, Jr., Ingleside Police Station, from duty 
without pay for one (1) day, effective 0001 hours, Thurs- 
day, May 13, 1976, and terminating at 0001 hours, Friday, 
May 14, 1976, be, and the same is hereby affirmed and 
approved. 



AYES: Commissioners Ciani, Gallegos, Murphy, 

Siggins 



NOT VOTING 



Commissioner Hall 



RECOMMENDATIONS OF THE TRAFFIC BUREAU 



RESOLVED, that the recommendations of the 

Traffic Bureau on the installation of zoning for the 

regulation of traffic on the public streets, be, and 
the same are hereby approved: 



101 VALLEJO STREET - THE COMBINE 



A) 



At 101 Vallejo Street, revoke existing 



25' red zone 
Street . ) 



- (^5' - 70' west of Front 



- 346 - 



APPROXIMATELY #36 FIFTH STREET - POLICE RECOMMENDATION 



b) At approximately #36 Fifth Street, revoke 

existing 42' yellow zone - (30' - 72' South 
of Market Street) . 



AYES: Commissioners Ciani, Gallegos, Murphy, 
Siggins 



NOT VOTING: Commissioner Hall 



RESOLUTION NO. 247-76 



BARBARA FLORENCE AND JERRY FLORENCE 
AND THEIR ATTORNEYS BRUCE E. KRELL 
AND RICHARD J. WERTHIMER 



RESOLVED, that the recommendation of the 
City Attorney for settlement of litigation of Barbara 
Florence and Jerry Florence in the sum of $6,785.00 
in Superior Court Action No. 660-180 entitled "Barbara 
Florence and Jerry Florence vs. County of Santa Clara, 
State of California, City and County of San Francisco, 
et al . , " as the result of damges sustained, be, and 
the same is hereby approved. 



AYES: Commissioners Ciani, Gallegos, Murphy, 
Siggins 

NOT VOTING: Commissioner Hall 



RETIREMENTS 






Communications were received from the Retire- 
ment Board officially notifying the Police Commission 
of the retirement of the following-named members of 
the Police Department: 

a) Lieutenant William J. Kelly, Richmond , 
Police Station, for service, effective 
May 1, 1976. 

b) Inspector Leon A. Getchell, Narcotics . /--j 
Bureau, for service, effective May 12, 
1976. 

c) Inspector John L. Lanthier, Juvenile 
Bureau, for service, effective May 
12, 1976. 



- 347 - 



d) Police Officer John LeHane, Permit 
Bureau, for service, effective May 
12, 1976. 



e) Police Officer John J. Reed, Legal 
Office, for service, effective May 
12, 1976. 



The communications were ordered filed. 



AYES: Commissioners Ciani, Gallegos, Murphy, 
Siggins 

NOT VOTING: Commissioner Hall 



RESOLUTION NO. 2^8-76 



LEAVE OF ABSENCE WITHOUT PAY PENDING HEARING OP 
CHARGES - APPROVED 



WHEREAS, Police Officer George A. Moissant , Jr . , 
Taraval Police Station, was suspended without pay 
effective at 1840 hours, February 16, 1976, pending 
hearing of the charges before the Police Commission; 
and 



WHEREAS, Police Officer George A. Moissant, 
Jr., has requested an extended Leave of Absence Without 
Pay for a period of sixty day from June 16, 1976, 
pending his hearing before the Police Commission; there- 
fore be it 



RESOLVED, that Police Officer George A. 
Moissant, Jr., Taraval Police Station, be placed on 
an extended Leave of Absence Without Pay at his re- 
quest for a period of sixty days commencing June 16, 
1976, pending his hearing before the Police Commission 



AYES: Commissioners Ciani, Gallegos, Murphy, 
Siggins 

NOT VOTING: Commissioner Hall 



RESOLUTION NO. 2^9-76 

REQUEST FOR SUPPLEMENTAL APPROPRIATION 

RESOLVED, that the Controller be, and he is 



- 348 - 



hereby requested to draw a Supplemental Appropriation 
in the amount of $46,550 from any legally available 
funds, and credit it to the following appropraitions 
in the amounts indicated: 

Appropriation No. 6 . l6l . 110 .000 . 000 Permanent 

Salaries-Uniform Force $29,328 

Appropriation No. 6 . l6l . 863 . 000 . 000 Mandatory 

Fringe Benefits 

Appropriation No. 6.697-860.000.000 Retirement $16,894 

Appropriation No. 6 . 699 . 865 . 000 . 000 H.S.S. 328 



in order to provide funds for one (1) Q80 Captain of 
Police for fiscal year 1976-77. 



AYES: Commissioners Ciani, Gallegos, Murphy, 
Siggins 



NOT VOTING: Commissoner Hall 



RESOLUTION NO. 250-76 



RECOMMENDATION OF THE CHIEF OF POLICE FOR APPROVAL 
OF TRAVEL EXPENSES INCURRED BY LIEUTENANT RICHARD 
D. KLAPP, PERSONNEL AND TRAINING, TO ATTEND A TRAIN- 
ING MANAGEMENT COURSE AT ST. HELENA, CALIFORNIA, FROM 
MAY 16, 1976 TO MAY 28, 1976, INCLUSIVE. 



WHEREAS, on the recommendation of the Chief 
of Police, Lieutenant Richard D. Klapp, Personnel and 
Training, received permission from the Police Commission 
to attend a Training Management Course at St. Helena, 
California; and 



WHEREAS, Lieutenant Richard D. Klapp, did 
travel to St. Helena, California, to attend said course 
from May 16 , 1976 to May 28, 1976, inclusive; therefore* 
be it 



RESOLVED, that expenses in the amount of 
$302.50 incurred by Lieutenant Richard D. Klapp, Per- 
sonnel and Training, while attending the course are 
hereby approved. Expenses will be defrayed by the 
Police Department's Police Officers' Training Fund. 

AYES: Commissioners Ciani, Gallegos, Murphy, 

Siggins 

NOT VOTING: Commissioner Hall 



- 349 



WEEKLY SICK REPORT 



Chief Gain submitted a report of members 
of the Department off duty due to sickness and dis- 
ability for the week ending Tuesday, June 1, 1976 
at 2^00 hours, as follows: 



Daily average for the week sick 42 
Daily average for the week disabled 112 

TOTALS 154 



PREVIOUS WEEK 

53 
116 



169 



This is a decrease of fifteen (15) members off duty 
daily from the previous week. 

PREVIOUS WEEK 
Daily percentage for the week sick 2.32 2.95 

Daily percentage for the week disabled 6.53 6.70 

TOTALS 8.85 9.65 

Disabled at start of week 118 

Started during the week 7 

Returned during the week 15 

Disabled at the end of week 110 

Net Gain or Loss -8 



Sick and Disabled for 
week ending Saturday, 
May 5, 1976 at 2400 hours 



Sick and Disabled for 
week ending Saturday, 
June 14, 1975 at 2400 
hours : 



Daily average for 
the week sick 

Daily average for 
the week disabled 

TOTALS 

Daily percentage 
for the week sick 

Daily percentage for 
the week disabled 

TOTALS 



44 



120 



164 

2 .40 
6.84 



9.24 



Daily average for 
the week sick 

Daily average for 
the week disabled 



Daily percentage 
for the week sick 



56 
71 



127 
2.97 



Daily percentage for 

the week disabled 3.91 



, 6.88 



The report was ordered filed. 



The Commission then adjourned its meeting, 




- 350 - 



u^ 



16 JUNE 1976 



'^H^UjJtU 



- 



REGULAR MEETING 



The?.fPolice Commission of the City and 
County of>San Francisco met In their chambers, 
Room 551, Hall of Justice, 850 Bryant Street, 
on Wednesday, June 16, 1976 at 1730 hours, In 
regular session: 



1 ' 



PRESENT: Commissioners Ciani, Gallegos, Murphy, 
Slgglns 



ABSENT. 



Commissioner Hall 



Commissioner Slgglns presiding, 



1 The members of the Commission, having 
been furnished copies of the minutes of June 9, 
1976, reading of same was dispensed with and the 
minutes were approved. 



AYES: Commissioners Ciani, Gallegos, Murphy, 
Siggins 

NOT VOTING: Commissioner Hall 



REMARKS BY THE HONORABLE GEORGE R. MOSCONE, MAYOR 
OP SAN FRANCISCO 



H 



Commissioner Siggins: "On behalf of the entire Com- 
mission we extend our greetings to the Mayor. I 
think this is the first time a Mayor has directly 
addressed a Police Commission except maybe on a cer- 
tain item. " 



Mayor Moscone: "Let me, Mr. Chairman and members, 
give you some idea of why. First of all, I think 
this Commission certainly would know that I am not 
here to give lectures because maybe if anything, this 
is my pet Commission, if for no other reason the fact 
that it is the first Commission I had the privilege 
to appoint. So it is obviously not to do that. It 
is however, to encourage you to do some of the things 
you are already embarking upon and to suggest to you 
some other things that need to be done. I think you 
know that I made a pledge to you when you agreed to 
take this position, that I obviously regarded you as 
my Commissioners but I did not intend to usurp your 
sense of independence since I don't think I would 
want anybody to serve whose only role as they saw it 
was to be a rubber stamp, but simply people that 
would take some direction in the form of constructive 
direction and that is what this is. This Is about, 
I guess, the fourth meeting I have had. Yesterday 
it was the Redevelopment Agency, tomorrow it will be 
Planning and we've had the Manpower Council and the 
Art Commission and I wanted to be able to, before 
we get too deeply Into the summer, be able to have 



■•■ ■■ 



- 351 - 



addressed all pf the Commissions In this City with 
some idea of what I would like this Administration 
to stand for and that is true whether' they are my 
Commissioners or they are holdovers from previous 
Commissions , as it is certainly the case on some im- 
portant Commissions. When I first talked with you 
I asked you to be diligent and to appreciate the 
fact that I wasn't going to be giving you anything 
that was a plum., that you were going to work very 
hard and in just six months now I see that you ob- 
viously have taken that charge pretty seriously. 
Because, while you have met twice a week as a gen- 
eral rule, I think the untold number of hours that 
I have already been aware of where you have parti- 
cipated and several times I have discussed matters 
with all of you on the telephone on general policy 
adds up to countless numbers of hours. So I commend 
you for that and I obviously urge you to continue 
to do that. Reputedly, you are the hardest working 
Police Commission in the history or at least in recent 
memory arid that goes very well I think. Now your 
work today clearly indicates that you understand 
the role of the Police Commission. You have added 
establishing priorities for police service which meets 
the expectations of the people of this city. I am 
convinced that the citizens foremost expectations is 
that they can depend upon the police to protect their 
person and property whenever they are threatened. 
Providing this degree of security should underlie 
all else that the Commission may do to improve the 
police force. If the people of this city fear walk- 
ing down Market Street or any other street in our 
city without being hassled, hussled, or having to 
look over their shoulders then obviously this city 
and this administration, in particular, is missing 
the point and we are then absolutely certain to lose 
the distinction of being a city that people enjoy 
living in, working in and visiting. As these go, 
so goes the economic and social life blood of our 
community. I know that you have been inundated with 
demands from business people, particularly In the 
downtown sector of San Francisco and I don't know 
how many people outside of the working press and 
you yourselves and those business people who appre- 
ciate this. But while they still believe that more 
can be done, the fact. remains that even 'those wtoo 
continue to demand greater protection for their 
economic, if not their personal rights, do concede 
that you and the Police Chief and the other members 
of the police department are trying to do all that is 
possible within the proper set of priorities of this 
city. So I encourage you once again to continue to 
work with them and obviously that same statement can 
be made with respect to the smaller business people 
in the community as well as the obvious need for 
neighbors to feel that their Police Commission and 
their Police Department are terribly responsive to 
their • needs. We think something that proves to be 
a rather difficult political statement on my behalf 
during the course of the Campaign because people read 
maybe different things into it but we talked about the 
need to make sure that we had as many police personnel 
on the streets as the budget of this city would allow 
and I think you are well on the way of doing that, you 
and the Police Chief and the hierarchy of this city 
have done. a great deal throughout the budgetary process 
to work with us, to be able to put as many civilians 



- 352 - 



In places that could be performed by civilians thereby 
releasing highly trained, well trained police personnel 
to do the very difficult job for which they have been 
trained and I again tell you that this is a direction 
in which we must continue to surge because of the fact 
that not in the too distant future but certainly not 
the foreseeable future, is there going to be relief 
for the property taxpayer of this city and yet the 
demands for police protection from highly trained 
police personnel are going to be upwards at alltimes. 
According to the latest crime statistics for our city, 
there were more than 300 assaults, 442 robberies and 
almost 1900 burglaries in San Franciscoin May. Fear 
for our person and our property has forced us to change 
our life style and substantially curtailed our personal 
freedom. Many people live behind locked doors and pub- 
lic and private cultural and recreational facilities 
are given only limited use in a city that can boast of 
that plethora of cultural activities probably better 
than any x other city in this country, if not indeed, the 
World. Often times when people venture up the expanded 
limited resources driving your taking cabs rather than 
chance walking or riding on public transportation. 
You have seen the disabilities we've had where people 
who are not terribly pragmatic who reach out to the 
most simplistic answers said that's very simple you 
have trouble on a Muni Bus you simply dispatch an en- 
tire cordon of policemen 24 hours a day to ride our 
particular Muni Busses. You know you can't do that, 
you know you have got to be careful with the budget 
of this city and the same time you know also that you 
can't stand idly by while that area of violence is a r „~ 
matter of deep concern and it's preventing people from 
enjoying the benefits of public transportation and thus 
far I think you have done a decent job and within the 
resources you have done an excellent job. And I think 
you can look forward to more help from the Mayor's 
Office to be able to embellish upon that and the fact 
that you can't respond immediately to the complaints 
of people who want somebody right now is something I 
am sure that is frustrating to you but your respon- 
sibility is to try to explain that you are doing what 
you can and that you will continue to perservere and do 
more. Now even when the danger of this city is fancied 
and not real and that is often the case too, it's no 
less inhibiting. And this is why I think from the out- 
set it was essential to have a police presence within 
our neighborhoods in San Francisco. Whether in fact 
a policeman walking a beat or even patroling with some 
regularity in fact stops a burglar or a rapist hell bent 
on the crime, the fact is that it gives people a sense 
that people care in government that their police depart- 
ment cares that gives them a greater sense of partici- 
pation In this cities life, and I want you to know this, 
I would've enjoyed very much a limousine. Frankly, I 
mean I didn't think it was good to get elected to high 
office to wear a Hair Shirt, but it seemed to me that 
if I was going to be encouraging the people of this 
city to not be as fearful as they have been, then for 
me to have that, together with three policemen around 
the clock to protect me, it makes me in a very diffi- 
cult situation to be able to explain to them that they 
ought to feel some freedom of action In their city. So 
It is true I think that many things have to be done, 
much of it symbolic, but also much of it is Just as 
real as could be and I urge you to keep that, kind of con- 
sideration in the forefront of your deliberations as you 



i 



- 353 - 



deal with the problems that come before you. 

Now we have talked about the problem that primatically 
stand up here and tell you what you know, this city 
has diffuclt problems throw out all the statistics 
and it doesn't make people feel any better about it. 
Statistics ought not to govern the way in which you 
doncudct yourself or the way in which you direct this 
police department and I would ask you as a further 
fact not to be so concerned about statistics. They 
say what they want them to say, you can do anything 
you want with them, if you want to tell everybody 
things are fine you can doctor up statistics and say 
look we went down this month. That does not make 
anybody who has been hassled or feels that they will 
be hassled legitimately, any better, the fact remains 
that they are shut in in far too many places and I 
ask you therefore to deal with the realistic and not 
with the statistic with which I have given you very 
little. Now there is another concern here, and people 
have come v to me on several occasions, one in particular 
who I wil^L not relay, with a rather difficult situation, 
this person obviously had a problem. A problem that 
demanded attention. There was physical evidence of 
that fact and unless the person was absolutely psychotic 
and went out and beat themselves up or had somebody 
work on them, this is a person who did not frequent 
places where that would be anticipated and was really 
being harrassed both in private and in public life. 
It was absolutely essential, she said, that everyone 
who walked in the vicinity of her store who did not 
have a business card on them ready to do business within 
the proximity of about a block and a half be at least 
detained for a substantial period of time. It is very 
difficult for me to tell them that this city can not 
and would not do that. That we are not going to be 
attacking the sub-cultures of this City nor the casual 
of this City who don't fit Into a particular stereotype, 
you know that, I know that, but people in distress can't 
appreciate that particularly when they don't understand 
that kind of lifestyle in the first instance and so as 
a consequence your job is all the more aggravated and 
I appricate that fact and you responsibility to be able 
to explain to these people in your open public sessions 
is absolutely essential. I understand that you are 
going out into the neighborhoods now, encourage whatever 
talks that takes place, don't keep them within guidelines 
or that is not on the agenda, you can't say this, I mean 
you are business people and you are lawyers and you like 
to do that because that is your own personal schedule, 
but as you know I think, I suspect you know that's not 
the lifestyle of many people who have legitimate concerns 
about the operation of the police personnel of this City, 
listen to it all and I am satisfied that you will not 
only be able to sift out the kind of important data that 
can be implemented Into new processes for our police de- 
partment but you will also be doing that very critical 
act of showing people that you care and also at the same 
time explaining to them someeof the things that they have 
no right to anticipate. We politicians and you Bureaucrats 
sometimes when you didn't have to make an immediate de- 
cision have been quick to say, myself included, well that's 
outrageous and we will take care of that immediately, or, 
oh I don't think that is a good idea what is the matter 
with the present people that are in charge that they 
haven't stopped that, but you've got the buck before 
you now and you know that you can't make those easy 
decisions, so you have got to be spokesmen, if you will, 



- 354 - 



of the law, of the constitutional rights of people 
even when often times it hurts to do so, because 
the person standing before you is obviously a victim 
who really didn't have much of their constitutional 
rights respected at a given period of time. But 
you are spokesmen now as well as administrators 
of a very important adjunct of San Francisco City 
Government and I urge you to fully appreciate that. 
Alright, let's talk a little bit about joint pro- 
blem solving, and then I will start to move into 
the finality here. It seems to me that the public's 
accessibility to line officers is every bit as important 
as their accessibility to you and to the Police Chief. 
Their ability to meet often with the police within their 
communities is maybe even more essential than their 
ability to meet with you or some of the brass. I am 
aware of the plans to involve officers at the District 
level more directly In community affairs by having them 
attend the meetings of neighborhood groups I know for 
business men. As police related problems from traffic 
congestion to assaults and burglary are identified and 
discussed, the line officer would be available both to 
solicit and to suggest possible solutions. Subsequently, 
the officer would be responsible for reporting to the 
group regularly insuring with them departmental plans 
to help alleviate the problem. This continuing contact 
will enable both the residents and the officers to deter- 
mine whether or not their plans are being affected. I 
have little doubt that at Mission Station with this 
effort the joint problem solving is presently being 
tried, the experience has been beneficial to officers 
and residents alike. Once this inner-action has be- 
come routine in all of the districts of this City, I 
can't imagine any neighborhood group alleging that the 
police are unavailable, insensitive, or completely re- 
moved from genuine community concerns. And so it's 
not just you, it's not just the brass, it is the every 
day line officer who has got to share his problems with 
the problems of the community and in turn receive the 
kind of suggestions that a victij, only a victim can 
know is best suited to a solution within a given community. 
During that .hiatus between my election and the time when 
I, In fact, took office, there was a meeting in a segment 
of San Francisco that really has been pilloried with 
burglaries and assaults and the fear that rambled through 
that sub-district was really incredible. In an effort 
to show that I cared, I accepted the invitation to be 
present and there were police personnel. Police personnel, 
not just brass, but the person who walked the beat out 
there and I dare say, I dare say that they learned a 
great deal from the very literate people who were there 
telling of some of their problems and by the same token 
the people in that community found out th eproblem of a 
given officer who patroled their particular neighborhood 
so they had a better understanding of what the problems 
were. And I might say that a couple of awful helpful 
hints that were terrbily newsworthy to me were just as 
newsworthy in that community on smaller matters on how 
to protect their own property, how to make a report that 
could be immediately acted upon and save precious time 
to give the police officer an opportunity not only to 
apprehend, but maybe even to get the goods back. So, 
It is so beneficial, you've embarked upon it, I say It 
ought to be the case throughout all of this City and I 
dare say if there was anything in the police department 



- yy-j - 



that could be changed to Improve the moral of the 
policeman, not to mention the person out in the street 
is to know that when he walks into that community there 
is not the frozen atmosphere that so often meets the 
police officer but a warmer one because that police 
officer has been there before. I don't believe in 
orazy images that the policeman is going to pluck an 
apple and wink at the grocer and know, everybody' ."'by their 
first name. Times are not that sweet any more. But 
it doesn't mean that they can't know some people certainly 
by sight and they certainly ought to be people who are 
reeognlzed equally by sight and there ought to be some 
kind of inner-action between them other than that inner- 
action that takes place only in the trauma of some kind 
of a police incident. Well, let me say a couple of 
other things that came of that meeting because they 
relate to my prepared remarks here. I think it is es- 
sential, I hope I am not misunderstood, because I know 
how sensitive people within the force are about it, 
but I mean it in ' a sense of constructive criticism 
and that is, that I don't know the percentages but I 
expect that the disparity between the number of com- 
plaints that are made and the immediate action that 
can remove the basis of that complaint are awfully 
wide, awfully wide in the nature of crime. The people 
flee. They don't wait or stick around and they don't 
mail back the goods they have stolen or they don't do 
things like that. The very nature of the problem is one 
I think that says very little direct results, the direct 
result means healing the wound or returning the property 
as compared to the number of complaints. So what do 
you do? What do you do when you do that? You make up 
for it in the only ways you can, high degree of courtesy^ 
high degree of sympathy, and I know it is easy for me to 
say, if I have been out chasing people all night and 
being harrassed all night, being threatened all night 
not to mention the normal problems that any police person 
has whether a policeman or not it is very easy for me to 
say, put a smile on your kisser. But the fact is that 
that.'s one of the reasons that we should be looking up 
to our policemen and why I think we will even more so 
if it becomes part of an everyday and everynight routine. 
So to make up for the lack of direct success that any 
police department has to endure, I think there has to be 
enculcated within the Department, you don't demand a smile, 
you don't put signs on them, smile today or something like 
that, but some kind of atmosphere has to be premeated 
throughout the Department, throughout the Hall of Justice, 
throughout the Mission, the Tanaval, the Ingleside, Central, 
everywhere, everywhere that we are courteous servants of 
the people and we;-are going to give you respect because 
I think they can then say, and then we know we are going 
to get the kind of respect from you that has been sadly 
missing for so very long. I will not tell you how to 
do it because I don't know. I don't know how to do it. 
But I mention it tonight because I think it ought to play 
almost as large a role as the more traditional ones that 
determine how many patrol cars are you going to ask the 
Mayor for? How many of this or that or other personnel 
are you going to ask the Mayor for, because it seems to 
me that a very concerned policeman who can be sympathic, 
who can be empathetic, who can be courteous and who can, 
within the -limits of his time restraints, give that extra 
degree of service, is better than two of them, two of them 
who don't bend any effort to do that at all. I really 
believe that to be the case. So what you may lack In 
quantity and certainly I confess to that as certain of: 



- 356 - 



the Board of Supervisors should after we've pared 
your budget down to the marrow, you ought to be 
making up with quality which I believe is definitely 
inherent in all the personnel in this' city. Well, 
that's about all I want to. say except to tell you 
that you don't have any idea, you have no idea how 
I felt the other night when I was asked to deliver 
a commencement address if you will, I don't know if 
that is the right word, but an address out at Giannini 
to those 69 new members of the Police Department. To 
see the quality of people who were out there and I 
don't mean just the fact that it was of both male and 
female gender, but the youth and the enthusiasm of 
those people, you and I, we all saw the films as part 
of the program of the strenuous and demanding both, 
intellectual as well as physical training that they 
went through, you don't know what that does to me as 
the Mayor of the City to see that come about. But 
why should that be restricted to me and to you? Why 
shouldn't you be showing them to people out in the 
community, what police officers go through? Not because 
to feel sorry for them but to get a closer empathy 
with that Police Department. So I am saying that 
not only must a police officer be concerned about 
bolstering the morale of the resident, but the resident 
has to know more about the policeman and it shouldn't 
be restricted to watching police story once a week on 
television as good as that program might be. We've 
got it right here in real life and I think you ought 
to spread that resource because I think it has a con- 
tagious and importantly good effect among the citizens 
of this City. So I think you and I will tell you this, ^ 
within the restraints and believe me there are so many 
in this City, I can't begin to tell you the financial 
difficulties of this City and I am not here to play 
violins for you, but that demands that we hone our 
priorities even finer, even finer than ever before. 
I tell you we've done it in our office. The jobs I 
would like to fill that I can't of people of tremendous 
talent who frankly would be of great political advantage 
to me because they are that talented and that well 
known and that well respected. I can't fill them. I 
can't fill them because the money is not there and I 
know you are experiencing the same thing that ought to 
heighten our sense of position about what we do with 
the limited resources we have and when you think about 
resources it is not just money, it is the 18 or 1900 
people in this City who are charged with keeping the 
public peace and at the same time maintaining a sense 
of respect for the constitutional rights of everybody. 
The biggest slob and the most elite in there. I think 
we can do that and maybe we are demanded to do that 
more than ever before in our history and I feel very . 
good knowing that the quality of the Commission that's 
here and when you have problems as you will, you are 
to call the office and I will do what I can to make 
those problems lighter. Because I will certainly call f.p 
you as the citizens of this city who feel they are 
not getting a fair shake of the dice rightly or wrongly |*!j 
call me each and every day all day. So we work to- 
gether and I think we can do something good to see. 
Thank you." 

Commissioner sSiggins: "Thank you Mr. Mayor. The things 
that you have mentioned, I assure you are shared by the 



- V 






Commission, the Chief and his entire staff 



Mayor 


Mos 


cone : " 


Oh you 


will a 


into 


those neighb 


orhood 


s. It' 


at first 


because 


they d 


on't fo 


know 


as a 


general 


rule , 


but yo 


to find out that 


their 


version 


ought 


to 


be amend 


ed int 


o ours , 


sense 


of 


cooperat 


ion . 


T don't 


is a 


fact 


, very d 


ifficu 


It, but 


hinds 


ight 


to have 


gone 


through 


peopl 


e for it . " 







lso enjoy getting out 
s a little frightening 
How the rules that we 
u will also be enlightened 
of the rules oftentimes 
it gives a much better 
say that casually, it 
it is a pleasure in 
it and become better 



Commissioner Siggins : "Thank you very much Mr. Mayor." 



CHIEF'S REPORT TO THE POLICE COMMISSION 



Chief Ga 
if I may 
port yes 
on writi 
will hav 
you toni 
point of 
partment 
made and 
writing 



in: "Mr 

tonight 

terday i 

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ent , members of 
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s to our policy 
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uctivity within 
y to talk about 
s he gave to his 
s in the Patrol 



the Commission, 
f a news re- 
and practice 
ol Division, I 
lor comment to 
is staff to the 
the police de- 
the comments he 

staff about 
Operations . " 



Captain Taylor: "Mr. President, members of the Commission, 
at a meeting held with the District Captains on June 3, 
1976, there were over 31 items discussed over a period 
of 2 and 1/2 hours and before I announced the meeting, 
I sent out to all those who attended the meeting the 
subject of traffic citations came up and it was the 
direction of the District Captains that an average of 
citations be a quota of one (1) a day for the average 
officer and for each radio car crew, be obtained. That 
is about five (5) minutes of an officer's time In an 
eight hour tour of duty. We also stated at the meeting 
that the number of accidents and deaths in the City 
require that every officer give those a particular amount 
of attention for that particular phase of Law Enforcement 
and we feel that officers in a black and white police 
car must not ignore hazardous moving violations. We feel 
that that number quoted is neither mystical or difficult." 



Commissioner Murphy: "In other words you are saying 
that these are the standards that you want them to meet. 
Is this only for moving violations?" 



Captain Taylor: "Hazardous moving violations." 



Commissioner Gallegos: "What is the practice in most 
cities in the handling of moving violations, is it 
done inter-changeably or is it the people who wanted 
it?" 



- 358 - 



Captain Taylor: "The policy varies from city to 
city. Some cities do not have an exclusive Traffic 
Bureau and so it behooves the patrol - of ficer to 
understand full well that they have a concurrent 
duty to enforce all the laws. Here with our divi- 
sion of the patrol function and the Traffic, it is 
a tendency on the part of Patrol personnel to feel 
that the traffic function is the responsibility of 
the other officers or the other divisions. And really 
the job is too big for one division to. really handle." 



Commissioner Gallegos : "On the question of Traffic; 
you really have most of your ticket citations for 
traffic during the day, don't you?" 



Captain Taylor: "Moving violations occur all around 
the clock, Commissioner. We have empirical data as 
to why the accidents are occurring as well as to the 
time and places and frequency and this information 
has recently been distributed to the district stations 
and it does occur around the clock, the peak hours, 
of course, are the evening and lunch hours and it has 
a tendency to diminish up to 10 o'clock, at which 
time it begins to climb again and peaks again around 
2:30 in the morning and then it doesn ! "t start climbing 
again until about 7 in the morning. The moving viola- 
tions are our concern all around the clock. Some of 
our most serious accidents and fatalities occurred 
within the early morning hours." 



Commissioner Murphy: "A parking control person cannot 
give citations for a moving violation, is that correct?" 



Captain Taylor: "That is correct, they may not." 



Commissioner Murphy: "Even though they see it and there 
is no one else around?" 



Chief Gain: "If I may comment also on this subject 
matter. It is generally recognized in policing that 
about H0% of the traffic citations for hazardous moving 
violations should be written by patrol officers and not 
have a situation where there is a traffic function that 
the traffic officers write all the citations. We, parti- 
cularly now, in view of the decrease, we are going to 
experience in the solo/motorcycles cognizant of that 
must increase productivity in patrol. So that is the 
whole import of what we are doing. And certainly what 
is expected of patrol officers is that during their 
course of duty when there are not higher priority matters 
for them to address themselves to and they see a traffic 
violation, then they should take enforcement action. 
So that is the import of what Captain Taylor is doing." 

Commissioner Gallegos: "Well, I would hope we would 
be seeing this whole issue of traffic safety as not 
just a matter of trying to increase revenue for the 
City. I mean, it's a matter of basically a more 
efficient and effective use of personnel...." 



- 359 - 



Chief Gain: "Nothing to do with revenue. We are going 
to operate on the basis of what is called selective 
enforcement. The traffic bureau will generate, and 
are now, list of locations where accidents occurred, 
the types of violations that result in an accident 
occurring. So there are specific locations for patrol 
officers to concentrate upon and they will be focusing 
their attention upon those types of violations, going 
through red lights, stop signs, speeding, whatever 
results in a traffic accident." 



Commissioner Ciani: "And you will be identifying 
specific locations, for instance, of accidents?" 



Chief Gain: "Yes, that material now does go out to 
the district stations. 



Commissioner Siggins : "I didn't hear of the meeting 
in the first place. How could somebody criticize 
something like that?" 



Chief Gain: "Well, there was a report on the meeting. 
It was to the point that there has been a quota system 
established for writing citations and I think the ef- 
fect of the statement was, that it perhaps would not 
benefit policemen nor citizens. Something along that 
line and then I have had some' inquiries about it today 
and that is why we bring it before the Commission. We 
are here to try and do our job of enforcing, in this 
case, traffic laws and the minutes of the meeting that 
the Captain referred to were distributed as is usual to 
the participants of the meeting and I received a copy. 
Somehow a copy got out and some people seem to want 
to make big issues out of nothing." 

Commissioner Ciani: "It is unfortunate the word "quota" 
is used because what you are really describing is merely 
a reminder of what the priorities are and that- everyone 
share 'equally the 'responsibility^to enforce, all the laws. 
I think ai danger lies in would-belvlolatbrs.jgetting' the im- 
pression that only a particular type of officer is 
going to deal with a particular type of offense because 
they will feel safe in committing an offense in front 
of the others. I think we have found that with the Muni. 
Those who do ticket in the Muni Zones are the only ones 
who do' ticket in those zones and so people feel free 
when there is no Muni person there to park in those zones." 

Chief Gain: "Captain Taylor In his minutes used the 
word "quota," and by definition of course, what that 
means of course, is he just wants officers to take ac- 
tion in regard to traffic and whatever it may be. 
Maybe from a standpoint of people getting some wrong 
impressions from the use of that word it is well just 
to have the common word, the only thing that we mean 
is for the officers to do the job in regard to all 
the various tasks that they have to fulfill, including 
traffic. It Is really a work-measuring device. That 
is what it amounts to. That concludes my report, Mr. 
President. !' 

Commissioner Siggins : "Thank you, Chief." 



- 360 - 



TRANSFER OF TAXICAB PERMIT - APPROVED 

The matter of the transfer of the right to 
operate a taxlcab by the following-named person 
was called, it having been advertised in the official 
newspaper in accordance with the provisions of ordi- 
nance applying thereto. An Order of Final Distri- 
bution No. 196 370, in the matter of the Estate of 
Armand Moulia, deceased, Superior Court of the State 
of California, dated September 23, 1975 and filed 
September 26, 1975, and signed by Judge S. Lee Varvuris, 
Judge of the Superior Court, City and County of San 
Francisco, California. The transferee appeared in 
person and was represented by counsel. The Commission 
approved the transfer of whatever right, title or in- 
terest that the within-named transferor might have to 
operate a taxicab to the within-named transferee; said 
approval contingent upon the transferee filing with 
the Police Commission the appropriate bond and/or in- 
surance policy as provided by the Police Code: 

TRANSFEROR TRANSFEREE NO. OF PERMITS 

Estate of Armand Armand T. Moulia 3 

R. Moulia (deceased) Trustee under Will 
4426 Cabrillo Street of Armand R. Moulia 
San Francisco, Calif. 390 Via Casitas 

Greenbrae, California 



AYES: Commissioners Ciani, Gallegos, Murphy, 
Siggins 

NOT VOTING: Commissioner Hall 



RESOLUTION NO. 251-76 



REQUEST OF THE GRAY LINE, INC., FOR PERMISSION TO 
SUSPEND OPERATION OF SIGHTSEEING PERMIT FOR A PERIOD 
OF NINETY (90) DAYS PURSUANT TO SECTION 179 OF THE 
POLICE CODE - APPROVED 



WHEREAS, there was granted to The Gr'Sy Line, 
Inc., on February 5, 1963, a permit and/or license 
for the operation of forty-three (43) sightseeing 
buses , and 



WHEREAS, on June 7, 1976, the Police Com- 
mission received a letter from Mr. James J. Mulpeters, 
President of The Gray Line, Inc., stating that due 
to a work stoppage by Gray Line Drivers, The Gray Line 
is currently unable to provide sightseeing services 
as authorized by the Commission and in accordance with 
the San Francisco Municipal Police Code; and 

WHEREAS, Mr. Dana L. Matonis, Operations 
Director of The Gray Line, Inc., appeared before the 



- 361 - 



Police Commission on Wednesday, June 17, 1976, 
and requested that their permits be placed on 
the shelf for a ninety (90) day period pending 
resolution of their labor difficulties; and 



WHEREAS, the Police Commission feels that 
under the circumstances the request by The Gray Line, 
Inc., for their permits to be placed on the shelf 
for a ninety (90) day period should be granted; there- 
fore be it 



RESOLVED, that the request of The Gray Line, 
Inc., that their permits be placed on the shelf for 
a ninety (90) day period pending resolution of their 
labor difficulties be, and the same is hereby approved. 



AYES: Commissioners Ciani, Gallegos, Murphy, 

Siggins 

NOT VOTING: Commissioner Hall 



PUBLIC HEARING RELATIVE TO THE SAN FRANCISCO POLICE 
DEPARTMENT PROPOSED PROCEDURES FOR FIELD STOPS. 



Chief Gain: "If I may by way of background, what 
occurred was that approximately on March 8th, of 
this year, members of the White Panther Party and 
others perhaps, but principally members of the White 
Panther Party, had requested a meeting with the Chief 
of Police in regard to what is commonly referred to as 
witness guidelines. They asked for that meeting be- 
cause they had taken exception for quite some time 
to Police Department regulations of governing and pro- 
tection of the scene of a crime. We met and from the 
beginning it appeared that we might not agree on a 
final procedure. That eventually did occur where in 
a document dated May 7th, submitted by them, there was 
an impasse, to use my word on a couple of the provisions 
and principally, one of the provisions. In accordance 
with our understanding, we had ongoing as we met, we 
then took that final draft and submitted it to staff 
and then as Captain Donald Taylor will explain, we 
undertook a participatory management process where a 
sub-committee was established and then eventually Cap- 
tains and others in the Police Department were asked 
to comment upon the procedures, which eventually were 
submitted to the Commission. That, briefly, is the 
background. I felt that our meetings were amicable 
and to a good point of establishing guidelines, which 
were reasonable so as to have as clear an understanding 
as we could as to police authority and responsibility 
became an incident and also as to the rights of citizens 
who would be onlookers at the scene of the Incident. 
If I may now, I will have Captain Taylor to explain 
the internal process that was used that resulted in 
these guidelines and then, speak to the guidelines them- 
selves briefly and that will be our presentation." 



Commissioner Siggins : • "Chief, up to this time there were 
no guidelines, witness guidelines?" 



Chief Gain: "Up to this point, no sir. We are pro- 
posing that these guidelines, or whatever guidelines 
ultimately result, based upon these hearings, become 
a part of our Patrol Officers Manual. That Manual 
is now void of such guidelines, the particular regu- 
lations that I referred to about the protection of 
a crime scene that still stands and serves the pur- 
pose specifically of a Crime Scene. These procedures 
will relate to an incident that occurs on the street 
where policemen makes an arrest, stops someone to 
detain them and citizens, onlookers as it were, gather 
around the scene of the incident and it defines then 
the authority of the police and the right of citizens 
to look on and -observe what is taking place." 

Commissioner Ciani: "Chief, would it then be that any 
violations of these guidelines would be grounds for . 
disciplinary action? Would they be incorporated in 
the ?" 



Chief Gain: "Yes, they would be a regulation, a pro- 
cedure, but they are regulations and if there was a 
situation where a policeman violated the regular pro- 
cedures we set forth, then he would be subject to cor- 
rective action, which could amount to > counciling, 
training, or some form of disciplinary action, depending 
upon the circumstances, but it is a regulation that 



we are proposing 

Commissioner Murphy: "Like a violation of any regulation." 



J 



Chief Gain: "Same as any other regulation. It depends 
on, of course, the particular circumstances of why the 
policeman did what he did and whether what he did is 
within the guidelines or if not within the guidelines, 
can be justified as an exception. And the Patrol Officers 
Manual provides for that. So wherever there is a guide- 
line set forth or a procedure, if the circumstances are 
such that a policeman can support not adhereing to them 
then of course, that is acceptable but he has to be able 
to support it. The whole big frame work within which 
we are addressing ourselves is a matter of discretion 
by police officers. We feel, it has been long felt in 
policing of course, that there should be discretionary 
guidelines set forth for police officers and particularly 
in those circumstances where there is an issue within a 
community as to what is appropriate conduct with the 
police acting out their authroity and what are the rights 
of citizens? So there is a potential conflict area here 
to the extent that we can and we should have these guide- 
lines that is the broad frame work that we are operat- 
ing here. If I may, Captain Taylor would you explain *** 
the process internally that took place and then address 
the procedures themselves?" 

Captain Taylor then addressed himself to the internal 
process in compiling these guidelines and then gave a 



- 363 - 



detailed explanation of each and every provision 

and reasons therefore. The procedures are as follows: 

GENERAL POLICY STATEMENT: 

"It is the policy of this Department that, under ordi- 
nary circumstances, people should be allowed to observe 
police conduct . " 

VIII. Rights of Onlookers at the Scene of Field Inter- 
rogations or Arrests. 

A. POLICY. It is the policy of this department 
that when suspects are detained, stopped or ar- 
rested in public areas, citizens not involved in 
the conduct for which the person is stopped, may 
remain in the vicinity of the stop as an onlooker, 
subject to the safety of the suspect and the mem- 
ber. Under ordinary circumstances people should 
be. allowed to observe police conduct. 

1. Onlooker remaining in the vicinity of a 
stop shall not be subject to arrest for vio- 
lation of Section 1^8 of the Penal Code, nor 
shall such person be subject to a "move on" 
order where the conduct of the onlooker is 
passive (i.e., the person stands or walks in 
the vicinity of the walk, or detention, and 
observes the activity of the suspect or mem- 
ber), unless concurrently there is a need 

to protect the area for evidenciary search 
or examination in connection with a crime. 

2. A member may order a person to move on 
if there is probable cause to arrest for 
violation of Penal Code, Section 148, or if 
the onlooker is blocking a roadway or with 
others blocking a sidewalk to the extent that 
vehicle traffic or pedestrian traffic is im- 
peded. (The onlooker may be ordered to move 
the distance necessary to end the violation 
or blocking. ) 



- 364 - 



3. Where a person in these circumstances by 
physical presence and conduct, in fact, in- 
terfere^) with a stop, he may be subject 

to arrest for violations of the Penal Code 
for which the elements of the violation 
exist. (e.g., 148,404.6, etc.). 

4. The member may permit the arrested or 
detained person to announce his identity to 
bystanders, provided such action does not de- 
lay the member in the discharge of his duties 

. or jeopardize the conduct of the investiga- 
tion . 

5. If the suspect or onlooker by words or 
actions attempts to incite others to assist 
the suspect to escape or calls upon others 
to attack the member, the suspect may be 
immediately removed from the scene and the 
offender is subject to arrest. 

6. Members are advised that speech alone 
which is non-threatening even though crude 
and vulgar is not in itself probable cause 
for arrest or detention of that person unless 
the speech directly threatens the safety of 
the member or other persons. Therefore, the 
person uttering the words is not subject to 
an order to move on, or arrest. 

7. If an onlooker is a witness to the acti- 
vity for which the suspect is detained, the 
member may request the name, address and 
telephone number of the onlooker. The on- 
looker may refuse to disclose such informa- 
tion in the same manner as any other witness 
to refuse to identify himself. 



- 365 - 



8. The provisions of this order do not 

apply to those instances where a riot, 

rout or unlawful assembly has been duly 

declared or where it is in conflict with 

oral or written orders of a magistrate 

or to those areas closed in accordance 

with 2812 CVC or 409-5 P.C./ or other 

appropriate law. 

The f ollowing-^-named persons spoke in opposition of 
the procedures and requested the commission adopt the 
guidelines proposed by Mr. Amitai Schwartz and submitted 
to the Police Commission prior to this hearing. 

Ronald Landberg 

437 Cole Street 

San Francisco, California 

White Panther Party 

Amitai Schwartz 
8l4 Mission Street 
San Francisco, California 
Northern California Police 
Practices Project 

Ralph Carroll 

1315 - 18th Street 

San Francisco, California 

Prisoners' Union 

Larry Brinkin 

640 Waller Street 

San Francisco, California 

Bay Area Gay Liberation 

Jean McLean 

404 Cole Street 

San Francisco, Caoifornia 

San Francisco Art Commission 

Peter Hagberg 

1844 Addison 

Berkeley California 

Berkeley Police Review Commission 



Henry Wilson 

378 Waller Street 

San Francisco, California 

Safe STreets Committee 

Gay Teachers Coalition 

Bay Area Gay Liberation 

Daniel Joseph Silva 
3007 - 24th Street 
San Francisco, California 
Human Rights Commission 



- 366 - 



Terrence A. Lane 

437 Cole Street 

San Francisco, California 

White Panther Party 

Yvonne Golden 

742-37th Avenue 

San Francisco, California 

San Francisco Black Teachers Caucus, etc. 

Mary Masterson 

1915 Oak Street 

San Francisco, California 

White Panther Party 

'Commissioner" Peter Mendelsohn 

34 Rausch Street 

San Francisco, California 

Arnold G. Townsend 

428 Lily Street 

San Francisco, California 

Mary Vail 

641 - 3rd Avenue 

San Francisco, California 

San Francisco Womens Police Study Group 

Wilbert K. Battle 

850 Bryant Street 

San Francisco, California 

Officers For Justice . 

Bill Martinez 

3698 -18th Street 

San Francisco, California 

Zaks and Harris Law Firm 

Wayne Hartman 
754 Stanyan Street 
San Francisco, California 
Haight-Ashbury Neighborhoods 
Development Corp. 

Alfredo Rodriguez 

346 Precita Avenue 

San Francisco, California 

Mission Community Legal Defense 

L. Weissmon 
439 Cole Street 
White Panther Party 

The following-named person spoke in f avor' of the Department ? s 
guidelines : 

Rabbi Barbara Goodman 

2104 Hayes Street 

San Francisco, California ^. 

Moorish Zionist Temple Gamaliel 

White Victory Tabernacle 

Oakwood Abbey 

The Commission took the matter under advisement and will 
render a decision at a later date. 



- 367 - 



Prior to the calling of the following 
items, Commissioner Ciani requested to be excused 
and did not vote upon the following items. 



RESOLUTION NO. 252-76 



HEARING OP POLICE OFFICER GEORGE MOISSANT, TARAVAL 
POLICE STATION. 



WHEREAS, the hearing of Police Officer 
George Moissant , Taraval Police Station, was called, 
it having been set for this date; and 

WHEREAS, Mr. George Engler, attorney for 
Police Officer George Moissant, stated via telephone, 
that since Officer Moissant is still undergoing medical 
treatment for his condition that a hearing at this time 
would be detrimental to his health; therefore be it 

RESOLVED, that the date for the hearing of 
the disciplinary charges filed against Police Officer 
George Moissant is set for Wednesday, July 7, 1976 at 
5:30 p.m., in Room 551, Hall of Justice. 



AYES: Commissioners Gallegos, Murphy, Siggins 
NOT VOTING: Commissioners Ciani, Hall 



HEARING TO DETERMINE IF PACIFIC PUBLIC CARRIERS COOP- 
ERATIVE, INC., ARE VALID INSURANCE CARRIERS FOR SAN ! 
FRANCISCO PUBLIC VEHICLES FOR HIRE - CONTINUED FROM 
MAY 19, 1976. - CONTINUED ONE WEEK 



Sergeant David Roche, Legal Office, related to the 
Commission that late Tuesday, Superior Court Judge 
Robert Drewes found that the Pacific Public Carriers 
Cooperative, Inc., had not obtained a certificate of 
authority from the state Insurance Commissioner. 

The judge rules that Pacific Public Carriers Coopera- 
tive , Inc., is in "such a condition that further 
transaction of business will be hazardous to its policy 
holders, creditors and the public..." 

The judge directed California Insurance Commissioner 
Wesley J. Kinder to take over as conservator of the 
company. Under the order, Kinder is authorized to take 
possession of the company's books, property and assets, 
and may pay or defer payment of such claims as may 
arise during the period of suspension. 

Sergeant Roche further stated that the affected cabs 
and jitneys will have to show a minimum of $30,000 
in public liability and $5,000 in property damages 
before they can return to the streets. 



- 368 - 



Commissioner Siggins stated that the Pacific Public 
Carriers Cooperative, Inc., never pretended to be 
an insurance company. However, they were trying to 
qualify as such and it was decided that they would 
be allowed one more week to see if they could qual- 
ify as an Insurance company as required by the 
State of California. 



RESOLUTION NO. 253-76 



REQUEST OP COMMITTEE CONSISTING OF POLICE OFFICER 
FRANK RACKLEY, DR. CHRISTOPHER HATCHER, DR. DIANA 
EVERSTINE, AND MR. ARTHUR BODEN TO PROCEED WITH A 
MORE DETAILED STUDY OF THE PROPOSED FAMILY DISPUTE 
PROJECT - APPROVED. 



WHEREAS, on May 5, 1976, a committee con- 
sisting of Police Offieer Frank Rackley, Dr. Christopher 
Hatcher, Dr. Diana Everstine, and Mr. Arthur Boden 
appeared before the Police Commission and presented an 
initial proposal for reducing the incidence of family 
violence and developing a Family Crisis Intervention 
Plan; and 



WHEREAS, Officer Frank Rackley stated that 
their objective at this time was to describe the pro- 
gram, and to seek approval of the Police Commission 
to continue their research so that a more substantive 
program could be developed and presented to the Police 
Commission at a later date; therefore be it 



RESOLVED, that the request of the Committee 
on Family Violence to proceed with a more detailed 
study of the proposed family dispute project, which 
was reviewed before the Police Commission on May 5, 
1976, be, and the same is hereby approved. 

AYES: Commissioners Gallegos, Murphy, Siggins 

NOT VOTING: Commissioners Ciani, Hall 



RECOMMENDATIONS OF THE TRAFFIC BUREAU 



RESOLVED, that the recommendations of the 
Traffic Bureau on the installation of zoning for the 
regulation of traffic on the public streets, be, and 
the same are hereby approved: 

609 O'FARRELL STREET - ACE TRAVELS - CONTINUED FOR 

ONE WEEK 



Wi.4 



- 369 - 



55 SPEAR STREET - SECURITY-GALBREATH-RUFFTN CORP 



a) At 55 Spear Street, install a 88' white 
zone, to extend from 217' - 305' north of 
Mission Street. 

(Also permission to display portable No 
Parking signs in conjunction with this 
white zone . ) 



211 RITCH STREET - S.F. SEWING WORKS 



a) At 211 Ritch Street, revoke existing 
5^' red zone. 



b) At 211 Ritch Street, install a 5^ ' 
yellow zone, to extend from 27' - 
8l' south of bryant Street. 



2235 MISSION STREET - GRECO FURNITURE 

a) At 2235 Mission Street, install a 34' 
yellow zone, to extend south of the 
north property line. 

b) Also, remove parking meter MIS-2221. 

579 POTRERO AVENUE - PATTERSON FILM CORPORATION 



a) At 579 Potrero Avenue , install an 18' 
green zone, to extend from 17' - 35' 
north of the south property line. 



333 BRYANT STREET - THE CHAIR STORE 



a) At 333-339 Bryant Street, install a 36' 
red zone, to extend from V - 40' west 
of Rincon Street. 



1*133 - 17th STREET - NIBBI BROS, INC. 

a) At 1^33 - 17th Street, revoke existing 
70' yellow zone. 

201-llth STREET - F M PRODUCTIONS 



a) At 201 - 11th Street, install a 3^' 
yellow zone to extend from 27' - 6l' 
south of Howard Street. 



- 370 - 



3737 BUCHANAN STREET - CITIZENS SAVINGS & LOAN ASSN 



a) At 3737 Buchanan Street, install a 23' 
green zone, to extend from 92' - 115' 
south of Beach Street. 



AYES: Commissioners Gallegos, Murphy, Siggins 
NOT VOTING: Commissioners Ciani, Hall 

REVOKED 



RESOLVED, that the recommendations of the 
Traffic Bureau on the revocation of 12*J feet of red 
and yellow zones at various parts of the City at 
the locations submitted, be, and the same are hereby 
approved. 



AYES: Commissioners Gallegos, Murphy, Siggins 
NOT VOTING: Commissioners Ciani, Hall 



RESOLUTION NO. 25^-76 



JOHN HASKETT 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of John 
Haskett against the City and County of San Francisco 
in the sum of $35-00 as the result of damages sus- 
tained, be, and the same is hereby approved. 



Date of Incident: December 9, 1975 

AYES: Commissioners Gallegos, Murphy, Siggins 
NOT VOTING: Commissioners Ciani, Hall 

RETIREMENTS 



Communications were recevied from the 
Retirement Board officially notifying the Police 
Commission of the retirement of -the following- 
named members of the Police Department : 



- 371 - 



a) Sergeant Donald M. Schmidt, Bureau of Criminal 
Information, for service, effective June 9, 1976. 

b) Sergeant William R. Tregoning, Richmond Police 
Station, for service, effective May 26, 1976. 

c) Inspector William E. Allen, Bureau of Inspectors, 
for service, effective May 12, 1976. 

d) Inspector Martin J. Barbero, Bureau of Inspectors, 
for service, effective June 9, 1976. 

e) Inspector Frank J. Forencich, Bureau of Inspectors, 
for service, effective June 9, 1976. 

f) Police Officer Harold D. Wilson, Bureau of Crim- 
inal Information, for service, effective May 12, 
1976. 



The communications were ordered filed. 

AYES: Commissioners Gallegos, Murphy, Siggins 
NOT VOTING: Commissioners Ciani, Hall 

RESOLUTION NO. 255-76 

REQUEST TO RELEASE UNALLOTTED FUNDS 



RESOLVED, that the Controller be, and he 
Is hereby requested to release unallotted funds in 
the sum of $21,165.00 to allotted funds in Appropria- 
tion No. 5.161.120.003.000 (Temporary Salaries - 
Police Cadets) to cover -- payrolls for June, 1976. 



AYES: Commissioners Gallegos, Murphy, Siggins 
NOT VOTING: Commissioners Ciani, Hall 

RESOLUTION NO. 256-76 

REQUEST TO TRANSFER UNALLOTTED FUNDS 

RESOLVED, that the Controller be, and he 
is hereby requested to transfer $4,820.00 from un- 
allotted funds to allotted funds in Appropriation No, 
5.161.120 019.000 (Differential Pay-Uniformed Force) 



- 372 - 



to cover pending and future payrolls, and $6,000.00 
to reserve funds to cover adjustment which is pend- 
ing litigation. 



AYES: Commissioners Gallegos , Murphy, Siggins 
NOT VOTING: Commissioners Ciani, Hall 



RESOLUTION NO. 257-76 

RECOMMENDATION OF THE CHIEF OF POLICE FOR APPROVAL 
OF TRAVELING EXPENSES INCURRED BY INSPECTORS JAMES 
B. JONES AND KENNETH MURPHY, INTELLIGENCE UNIT, TO 
ATTEND AN ECONOMIC CRIME INVESTIGATION TRAINING 
COURSE IjJ SACRAMENTO, CALIFORNIA, FROM MAY 17, 1976 
TO MAY 28, 1976, INCLUSIVE. 

WHEREAS, on the recommendation of the 
Chief of Police , Inspectors James B. Jones and 
Kenneth Murphy, Intelligence Unit, received per- 
mission from the Police Commission to attend an 
Economic Crime Investigation Training Course at 
Sacramento, California ;and 

WHEREAS, Inspectors James B. Jones and 
Kenneth Murphy did travel to Sacramento, California, 
to attend said course from May 17, 1976 to May 28, 
1976, inclusive; therefore be it 

RESOLVED, that expenses in the amount of 
$372.00 each incurred by Inspectors James B. Jones 
and Kenneth Murphy, Intelligence Unit, while attending 
the course are hereby approved. Expenses will be de- 
frayed by the Police Department's Police Officers' 
Training Fund. 

AYES: Commissioners Gallegos, Murphy, Siggins 

NOT VOTING: Commissioners Ciani, Hall 

RESOLUTION NO. 258-76 

AUTHORIZING ATTENDANCE OF ASSISTANT INSPECTOR BERNARD 
J MCKAY, INTELLIGENCE UNIT, AT AN ORGANIZED CRIME 
ANALYSIS OF TERRORIST ACTIVITY IN SACRAMENTO, CALIF- 
ORNIA, FROM JUNE 21, 1976 TO JULY 2. 1976, INCLUSIVE 

RESOLVED, that the recommendation of the 



- 373 - 



Chief of Police that Assistant Inspector Bernard J. 
McKay, Intelligence Unit, be detailed to attend an 
Organized Crime Analysis of Terrorist. Activity in 
Sacramento, California, from June 21, 1976 to July 
2, 1976, inclusive, be, and the same is hereby ap- 
proved; and be it further 



RESOLVED, that expenses incurred by 
Assistant Inspector Bernard J. McKay, Intelligence 
Unit, in a sum not to exceed $372.00 in attending this 
course will be defrayed by the Police Department's 
Police Officers' Training Fund. 



AYES: Commissioners Gallegos, Murphy, Siggins 



NOT VOTING: Commissioners Ciani, Hall 



WEEKLY' SICK REPORT 



Chief Gain submitted a report of members of the 

Department off duty due to sickness and disability for 

the week ending Monday, June J, 1976 at 2400 hours as 
follows : 



Daily average for the week sick 53 
Daily average for the week disabled 109 

TOTALS 162 



PREVIOUS WEEK 
42 
112 



154 



This is an increase of eight (8) members of duty daily 
from the previous week. 

PREVIOUS WEEK 



Daily percentage for the week sick 2.95 
Daily percentage for the week disabled 6.28 



2.32 
6.53 



TOTALS 

Disabled at start of week 
Started during the week 
Returned during the week 
Disabled at the end of week 
Net Gain or Loss 

Sick and Disabled for week 
ending Saturday, May 15, 
1976 at 2400 hours: 

Daily average for the 

week sick 40 

Daily average for the 

week disabled 112 



9-23 

109 
13 
14 

108 
-1 



8.85 



Sick and disabled for week 
ending Saturday, June 21, 
1975 at 2400 hours: 



Daily average for 
the week sick 

Daily average for 
the week disabled 



57 
66 



TOTALS 



152 



123 



- 374 - 



Daily percnetage fdr Daily percentage 

the week sick 2.10 for the week sick 3-04 

Daily percentage for Daily percentage 

the week disabled 6.45 for the week disable d3-66 

TOTALS 8.55 6.70 

The report was ordered filed. 

AYES: Commissioners Gallegos, Murphy, Siggins 
NOT VOTING: Commissioners Ciani, Hall 



RESOLUTION NO. 259-76 



POLICE NARCOTIC FUND 



RESOLVED, that the Controller be, and 
he is hereby requested to draw a voucher in favor 
of Chief of Police Charles R. Gain in the amount of 
$5,000 charging same to Appropriation No. 6.161.890 
050 as an advance on the Police Narcotic Fund for 
the month of July, 1976. 



AYES: Commissioners Gallegos, Murphy, Siggins 
NOT VOTING: Commissioners Ciani, Hall 

RESOLUTION NO. 260-76 



POLICE CONTINGENT FUND 



RESOLVED, that the Controller be, and 
he is hereby requested to draw a voucher in favor 
of Chief of Police Charles R. Gain in the amount 
of $2,500 charging same to Appropriation No. 6.161. 
890.000 as an advance on the Police Contingent Fund 
for the month of July, 1976. 

AYES: Commissioners Gallegos, Murphy, Siggins 

NOT VOTING: Commissioners Ciani, Hall 

The Commission then adjourned its meeting. 




■■■ I M 



- 375 - 

UO C U > v ] £ NTS 



23 JUNE 1976 w/ REGULAR MEETING 

/ Hj^^UJi-ta PUBLIC UIBRAR? 

Th%rPolice Commission of the City and 
County of^San Francisco met in their chambers, 
Room 551, Hall of Justice, 850 Bryant Street, 
on Wednesday, June 23, 1976 at 1730 hours, in 
regular session. 



PRESENT: Commissioners Ciani, Murphy, Siggins 
ABSENT: Commissioners Gallegos, Hall 

Commissioner Siggins presiding. 



The members of the Commission, having 
been 'furnished copies of the minutes of the meet- 
ing of June 16, 1976, did not approve the minutes 
on June 23, 1976, but they will be approved on 
June 30, 1976, after certain changes and corrections 
have been made. 



AYES: Commissioners Ciani, Murphy, Siggins 
NOT VOTING: Commissioners Gallegos, Hall 



CHIEF'S REPORT TO THE POLICE COMMISSION 



Chief Gain: Mr. President, members of the Commission, 
I would like to report on two items. The first has 
to do with the Field Stop Procedures that were discussed 
last week. Following that meeting, I conferred with Mr. 
Lanberg and Mr. Schwartz who presented counter proposals 
and recommendations and we have another meeting scheduled 
for Friday. I am hopeful that we can meet and narrow 
the issues and I intend to present to the Commission 
by Monday of next week, Tuesday at the latest, a revised 
Departmental recommendation as regards to Field Stop 
Procedures then we should be able to narrow issues. I 
would request therefore, that the Commission Calendar 
it for next Wednesday, a discussion of the Field Stop 
Procedures, if that meets with your approval." 



Commissioner Siggins: "We still have your, or the Depart- 



ment's recommendation, 



11 



Chief Gain: "You have our recommendation and my inten- 
tion is to present it to you, revised." 



Commissioner Murphy: "The Departmental Recommendation?" 
Chief Gain: "The Departmental Recommendation." 



- 376 - 



Commissioner Siggins : "Why don't you put it over 
for another week and then we will see if we can dis- 
cuss it then. " 



Sergeant Frazier: "A week from this coming Wednesday, is 
that it?" 



Chief Gain: "I will give it to the Commission by 
next Wednesday." 



Commissioner Murphy: "Calendar it two weeks from 
today. The seventh of July." 



Chief Gain: "The seventh of July. The second item is 
the Officer of Citizens Compalint Hearings and as I re- 
call, we discussed having the hearing the 19th and then 
afterwards the Commission was going to discuss possible 
setting of future dates. What I would recommend to the 
Commission is that we do not set any further dates for 
public hearings until such time as we in fact get the 
City Attorney's Opinion. Let's hope it will be within 
a couple of weeks." 



Commissioner Siggins: "We had hoped to get it next week 
so let's put it over and bring it up again next week." 



Commissioner Murphy: "What do we have to do as far 
as keeping this on Calendar so when the City Attorney's 
Opinion does come we will not have to put it off two 
more weeks because' we haven ,r t advertised the 'hearings?":" 



Chief Gain: "I think the Commissioner is stating now 
that you have to put it on the Calendar for next week?" 



Commissioner Siggins: "Yes, put it on the Calendar for 
setting a date. " 



Mr. Alfredo Rodriguez: "I feel obligated to ask, about 
a month and a half ago or two months ago, people were 
talking about possibly having a City Attorney's Opinion 
within a month's period of time. Is there some kind of 
way to maybe ask what's holding it up?" 

Commissioner Siggins: "I was at the City Attorney's 
Office and he is working on it. He has everything 
set up and he had anticipated having it by now. The 
members of the Bar Association Committee met with the 
City Attorney and discussed it and they did recognize 
the fact that there were a lot of issues that had to 
be resolved. The Bar Association agreed with me that 
we should wait and that is the way it stands now." 



7 



377- 



Mr. Rodriguez: "If it 
It would be no problem 
see we have been hearin 
a half to two months 
has done a very fine jo 
the very beginning, but 
expedite the process is 
request or just an aski 
opinion, is it expected 
week just so that I can 
the community and indie 
told by the Police Comm 
before two weeks or we 
weeks . " 



was just a matter of a week 
with that at all, but you 
g that for the last: month and 
Now I think that the Commission 
b on this whole matter from 
I think what possibly could 
if there was a f )rmal sort of 
ng of, well where is that legal 
to go beyond two weeks or a 
go back to varic us groups in 
ate to them, listen we've been, 
ission that we won't get that 
won't get that before three 



Commissioner Siggins : "Well, I tell you what I will do, 
I will call the City Attorney tomorrow, if I can get 
him, and ask him how much longer it will be and if you 
want, I will be available tomorrow afternoon." 



Mr. Rodriguez: "That sounds fair, thank you." 



Commissioner Siggins: "Chief?" 



Chief Gain: "If I may relate the last thing in regards 
to the position of the Director of Community Relations 
that the Civil Service Commission this week, on a tie vote, 
2 to 2, did not classify that position as an exempt posi- 
tion as the Commission had requested. The procedure now, 
I have written a letter to the Civil Service Commission 
and as I understand it, is going to take a majority vote 
to get it back on the Calendar and that is what I am asking 
to do. So we won't know for sometime as to whether they 
are going to do it or not. But we are pursuing it to try 
to get it before the Commission again." 



Commissioner Siggins: "What does it need to pass?" 



Chief Gain: "It needs a majority 



Commissioner Murphy: "Was the fifth person away or 
not voting?" 



Chief Gain: "Absent. Commissioner Alioto was not there." 



Commissioner Murphy: "I see. What was the rationale of 
the -two that voted against it? It was my- understanding 
that we were empowered to create an exempt position any 
time we wanted to." 



Chief Ga 
Commissi 
first go 
would re 
do that 
Now the! 
didn't s 
effect, 
man some 
that, a 



in: "We 
on can c 
ing to t 
commend 
then the 
r ration 
tate why 
as I rec 
where . 
Highway 



11, yes, according to the Charter the 
reate the position subject to the.... 
he Civil Service Commission where they 
favorably to the Board. If they do not 

Commission can go directly to the Board, 
ale, one Commissioner- who voted negatively 
, the other one said something to the 
all,- of having a brother who is a police- 
And that was the best I could get out of 
Patrolman. Then that Commissioner also 



- 378 - 



stated a concern over a member of the Police Depart- 
ment stating that there is a change in the nature 
of the job as between 1971 and the present. That 
same Commissioner has expressed a concern about ex- 
ploring the evidence that has been submitted by that 
police person at that time although the Civil Service 
Commission staff had stated that there was no difference 
as between years ago and now" in that position. So 
those were''the two reasons that that person' gives . 
That concludes my report Mr . Commissioner . " 

Commissioner Ciani : "I am not sure that I understood 
the answer to Commissioner Murphy's question. We . have 
the authority to create a position but yet they have the 
authority to approve it. Our authority doesn't amount 
to very much." 



Chief Gain: "Yes, but if they would approve, they would 
recommend 1 favorably to the Board of Supervisors if they 
disapprove, which they did, then the Commission can go 
directly to the Board with the request." 



Commissioner Ciani: "We are going to make another run 
at the Civil Service Commission?" 



Chief Gain: "One more run at. the Civil Service Commission, 
if they act negatively again then I would suggest with 
the Commission and I will be recommending it, submit a 
supplemental budget request after 1 July and that would 
go presumably directly to the Board of Supervisors." 



Commissioner Ciani: "Well, that would have to be done 
in any event, would it not, since that position is not 
a part of our present budget for this fiscal year, but 
you would incorporate in it the appeal from the Civil 
Service Commission's decision with that budget re- 
quest at that time?" 



Chief Gain: "Well, if that is appropriate. What we may 
be faced with, we may be faced with a situation where if 
it's happening on 1 July, it could well be that we would 
just have to submit a new supplemental budget request 
which would have to go through the Mayor's Office and 
through the Civil Service Commission again. It may be 
that way because we are dealing with fiscal year changes. 
But whatever we have to do I will keep pursuing. Our 
expert is here." 



Sergeant David Roche, Legal Office: "It would have to 
be a bifurcated procedure. It would have to go before 
the Board on the issue of the exemption and that only 
needs a majority vote, six votes. Assuming we get the 
six votes, which is very shaky, then we have to go through 
the supplemental procedure and that would require eight 
votes because this has already been subject to a previous 
denial by the Board, so then a financial Item that is sub- 
ject of a previous denial needs a three quarter vote 
for approval. " 



.. J 



- 379 - 



Commissioner Murphy: "Three quarters vote or two 
thirds?" 



Sergeant Roche: "Eight votes. Six votes maybe 
there but eight votes is going to be very very 
difficult." 



Chief Gain: "If all that is clear, that concludes 
my report . " 



TRANSFER OF JITNEY BUS PERMIT - APPROVED 



The matter of the transfer of the right to 
operate a jitney bus by the following-named person 
was called, it having been advertised in the official 
newspaper in accordance with the provisions of ordi- 
nance applying thereto. The transferor and transferee 
appeared in person and were not represented by counsel. 
The Commission approved the transfer of whatever right, 
title or interest that the within-named transferor 
might have to operate a jitney bus to the within-named 
transferee; said approval contingent upon the trans- 
feree filing with the Police Commission the appropriate 
bond and/or insurance policy as provided by the Police 
Code : 



TRANSFEROR TRANSFEREE NO. OF PERMITS 



Osvaldo Benedetti Miguel A. Hernandez ] 

300 Sweeny Street 1040 Guerrero Street 

San Francisco,,. California San Francisco, California 

Route: Mission Street - Ferry to Sickles Avenue 



AYES: Commissioners Ciani, Murphy, Siggins 
NOT VOTING: Commissioners Gallegos, Hall 

RESOLUTION NO. 263-76 



RULES AND PROCEDURES OF THE SAN FRANCISCO POLICE 
DEPARTMENT - AMENDED 



RESOLVED, that effective 0800 hours, Thurs- 
day, June 24, 1976, the Rules and Procedures of the 
San Francisco Police Department are hereby amended to 
rad as follows: 

AMENDED 

RULE 3.193 PROPERTY CLERK 

Shall except on Sundays and legal holidays, 
keep his office open for business from 0800 



- 380 - 



hours to 1700 hours. The Chief of Police 
may, when necessary to accommodate the 
public, or in an emergency, order said 
office kept open on Sundays, legal holidays, 
or during such hours as the Chief of Police 
may direct. 



AYES: Commissioners Ciani, Murphy, Siggins 
NOT VOTING: Commissioners Gallegos, Hall 



HEARING TO DETERMINE IF PACIFIC PUBLIC CARRIERS 
COOPERATIVE, INC., ARE VALID INSURANCE CARRIERS 
FOR SAN FRANCISCO PUBLIC VEHICLES FOR HIRE, CON- 
TINUED FROM JUNE 16, 1976 - CONTINUED OFF CALENDAR 



Mr. Walter Hoffman appeared on this subject 
and stated that he hoped the City would step in and 
take the necessary steps to block all of the assets 
of Pacific Public Carriers Cooperative, Inc., because 
nobody knows how much the public will be damaged by 
Mr. Maury Frohman, the person in charge of Pacific 
Public Carriers Cooperative, Inc. 

Commissioner Siggins then advised Mr. Hoffman 
that at the present time Pacific Public Carriers is 
being run by the Insurance Commissioner and that the 
Insurance Commissioner has been appointed the conserva- 
tor of the assets for the company. 



Mr. Hoffman then stated that he was aware 
of this and he believed that this Commission bent 
over backwards to help Mr. Frohman. He further stated 
that he would hope something would be done to see that 
this kind of thing would not happen again. 

Commissioner Siggins stated that the only rea- 
son it was on the calendar this time was because the 
company's attorney requested that it be put over to this 
date while they attempted to qualify for the Insurance. 
Since no one showed up in behalf of the company, the matter 
would be continued off calendar. The Commissioner then 
assured Mr. Hoffman that this kind of thing would not 
happen again. 

Mr. Arthur McCauly requested to speak at this 
time 1 oh a related subject. He stated that the related 
subject was timely now because it is before the Fire, 
Police and Safety Committee of the Board of Supervisors, 
File No. 182-76; a recommendation by Supervisor Dorothy 
vonBeroldingen to change the Ordinance which presently 
requires a minimum of two (2) million dollars excess 
insurance for carriers in categories in the Veterans, Luxor 
and DeSoto Cab Companies. These Companies wish to have 
this eliminated. Mr. McCauly also stated that not only 
should this amount of insurance be retained by the Code 
but the drivers who are hired by these companies are 
not being thoroughly investigated by the Police Depart- 
ment. He requested that the Police Department send a 
representative when this matter comes before the Fire, 
Police and Safety Committee of the Board again to tell 



1 "i 



.. . . it 



- 381 - 



them why this amount of insurance is. necessary . He 
states it is necessary for the safety of the citizens 
of San Francisco because of the kind of drivers the 
companies are hiring. 

Commissioner Ciani requested to know how are 
current cab drivers screened. 

Captain George Sully, Department Secretary, 
advised the Commission that each applicant for a driver's 
permit is examined by a police officer designated by 
the Chief of Police and they must meet all the require- 
ments of 1115 to 1160 of the Municipal Police Code. If 
the results of the examination are unsatisfactory, the 
applicant would be refused a permit. 

Commissioner Siggins : "Thank you, Captain." 



RESOLUTION NO. 261-76 



PATROL SPECIAL OFFICER JOSE CORDERO - REVOKED 



RESOLVED, that the appointment of Jose 
Cordero as Patrol Special Officer for Beat No. 20, 
Central Police District, be, and the same is hereby 
revoked effective June 23, 1976, he having sold his 
beat to Patrol Special Officer Albert L. Robles. 



AYES: Commissioners Ciani, Murphy, Siggins 
NOT VOTING: Commissioners Gallegos, Hall 

RESOLUTION NO. 262-76 

PATROL SPECIAL OFFICER ALBERT L. ROBLES - APPROVED 



RESOLVED, that Albert L. Robles be, and 
he is hereby appointed a Patrol Special Officer for 
Beat No. 20, Central Police District, said appoint- 
ment effective June 23, 1976, he having purchased 
Beat No. 20, Central Police District, from Jose 
Cordero. 



AYES: Commissioners Ciani, Murphy, Siggins 
NOT VOTING: Commissioners Gallegos, Hall 

COMMUNITY BOARD PROGRAM, RAYMOND SHOMHOLTZ 

Mr. Raymond Shomholtz appeared before the 
Commission G .and -there a was a general discussion 
regarding his proposal. He stated that for the last 



- 382 - 



three or four months he has been teaching over at 
USF Law School and that during that period of time 
he had been discussing with both the. Community and 
Law Enforcement the idea of developing an alternative 
program to the traditional Criminal Justice Model. 
He further stated that that alternative was bascially 
a Community Board System. For example, instead of 
arresting a person in particular types of cases, the 
idea is to experiment by starting small in two dif- 
ferent areas. The geographical districts of the 
Boards would be High School Districts. To look at 
instead of an arrest, a citation process, that people 
would be, in fact, be cited to the Community Board System. 
Basically 'the concept is Citizen responsibility . ■ It is every 
citizens' responsibility to understand the system and', to want to 
participate in it. Just like jury duty, paying taxes, 
going to the military, etc., it is a citizens' respon- 
sibility. He went on to say that "The Boards are rea- 
sonably expensive. They vary depending on how many we 
have. The, more we calculate, the cheaper it gets. But 
if we predicate it upon two Boards the basic cost is . 
about $50,000 dollars per board. The cost comes from . 
the staffing of the Board, there would be a Director, 
a Community Educator, Organizer Secretary, enough 
money for a store front office, telephone and some 
travel money, criss-crossing the High School District 
and that roughly comes to about $50,000.00 each year. 
Conceptionally , the Community Boards would be the 
outer boundary lines of the Criminal Justice System. 
You could use the Community Boards if youwanted to, 
the Community Boards would have before them those cases 
for referral services you would not have to essentially . » 
pass through the Criminal JusticeSystem to get any re- 
ferral agencies service. I see the Community Boards 
basically as being a preventive law program, being 
run by citizens and I think that is the final and 
most important part of the program." 

He then went on to say that his purpose to- 
day was to share the information with the Commission. 
That he was not ready to come before the Commission and 
say here is .the full model, that he would much i prefer 
to keep the Commission informed and give regular ; reports 
about how the concept is proceeding. 



The Commission then fthanked him for his pre- 
sentation . 



REQUESTING THE POLICE COMMISSION TO ADOPT A RESOLUTION 
APPROVING THE CONFLICT OF INTEREST CODE FOR THE SAN 
FRANCISCO POLICE DEPARTMENT - CONTINUED ONE WEEK. 

AYES: Commissioners Ciani, Murphy, Siggins 

NOT VOTING: Commissioners Gallegos, Hall 



- 333 - 



RECOMMENDATIONS OF THE TRAFFIC BUREAU - APPROVED 



RESOLVED, that the recommendations of the 
Traffic Bureau on the installation of zoning for 
the regulation of traffic on the public streets, be, 
and the same are hereby approved: 



725 PORTOLA DRIVE - ONE HOUR MARTINIZING 



a) At 725 Portola Drive, install a 22' yellow 
zone, to extend from 113' - 135' west of 
Fowler Avenue. 



72 9 PORTOLA DRIVE - TOWER TV 



a) At 729 Portola Drive, install a 22' yellow 
zone, to extend from 135' - 157' west of 
Fowler Avenue. 



1707 POWELL STREET - WASHINGTON SQUARE BAR & GRILL 



a) At 1707 Powell Street, install a 40» white zone, 
to extend from 36' - J6 '• south of Union Street, 
(also permission to display portable No Parking 
signs in conjunction with this white zone.) - 



b) REmove parking meters POWELL 1703 & 1705. 

3^7 DOLORES STREET - NOTRE DAME SCHOOL 

a) At 3^7 Dolores Street, revoke two 40' white 
zones . 

#10 DUNCAN STREET - ST. LUKE'S HOSPITAL 



a) At #10 Duncan Street, install a 44" yellow 
zone, to extend from 65' - 109' west of 
Tiffany Avenue. 

#609 O'FARRELL STREET -ACE TRAVELS - CONTINUED FROM 
THE MEETING OF JUNE 16 , 1976 - CONTINUED TO THE 
MEETING OF JUNE 30, 1976 - GREEN ZONE. 



AYES: Commissioners Ciani, Murphy, Siggins 
NOT VOTING: Commissioners Gallegos, Hall 

REVOKED 

RESOLVED, that the recommendations of the 



- 384 



Traffics Bureau on the revocation of 80 feet of 
white zones at various parts of the City at 

the locations submitted, be, and the' same are 
hereby approved. 



AYES: Commissioners Ciani, Murphy, Siggins - i 

NOT VOTING: Commissioners Gallegos, Hall j 



RETIREMENT: 



Communication was received from the Retire- 
ment Board officially notifying the Police Commission 
of the retirement of Police Officer Thomas P. O'Flanagan 
Park Police Station, for industrial disability, effec- 
tive February 1, 1976. 



The communication was ordered filed. 

AYES: Commissioners Ciani, Murphy, Siggins 
NOT VOTING: Commissioners Gallegos, Hall 

WEEKLY SICK REPORT 



Disabled at start of week 106 

Started during the week 13 

Returned during the week 14 

Disabled at the end of week 105 

Net Gain or Loss -1 



1 



Chief Gain submitted a report of members J 

of the Department off duty due to sickness and dis- 
ability for the week ending Monday, June lH , 1976 
at 2400 hours, as follows: 

PREVIOUS WEEK 

Daily average for the week sick 48 53 

Daily average for the week disabled 108 109 

TOTALS 156 162 

This is a decrease of six (6) members off duty daily 
from the previous week. 

;: ;~ — ". ! " PREVIOUS WEEK 
Daily percentage for the week sick 2.67 2.95 
Daily percentage for the week disabled 6.27 6 .28 

TOTALS 8.9^ 9.23 



'-■* 



- 385 - 



Sick and Disabled for the 
week ending Saturday, June 
28, 1975 at 2400 hours: 

Daily average for 

the week sick 6l 

Daily average for 

the week disabled 68 

TOTALS 129 

Daily percentage for 

the week sick 3.26 

Daily percentage for 

the week disabled 3.74 

TOTALS 7-00 



Sick and Disabled for the 
week ending Saturday, May 
21, 1976 at 2400 hours: 



Daily average for 
the week sick 

Daily average for 
the week disabled 



Daily percentage 
for the week sick 



47 
117 



164 



2.62 



Daily percentage 

for the week disabled 6 . 75 



9.37 



The report was ordered filed, 



AYES: Commissioners Ciani, Murphy, Siggins 



NOT VOTING: Commissioners Gallegos, Hall 



The Commission then adjourned its meeting, 




?86 uuCUMENTS 

JUL 13 1171 



30 JUNE T 976 , R EGULAR MEETING 

Th^^Police Commission of the City and 
County of^San Francisco met in their chambers, 
Room 551, Hall, of Justice, 850 Bryant Street,' 
on Wednesday, June 30, 1976, at 1730 hours, in 
regular session: 



PRESENT: Commissioners Ciani, Gallegos, Murphy 
Siggins 

ABSENT: Commissioner Hall 
Commissioner Siggins presiding. 



• The members of the Commission, having 
been furnished copies of the minutes of June lb, 1976 
and June 23, 1976, reading of same was dispensed with 
and the minutes were approved. 



AYES: Commissioners Ciani, Gallegos, Murphy, 
Siggins 

NOT VOTING: Commissioner Hall 



CHIEF'S REPORT TO THE POLICE COMMISSION 



Chief Gain: "Mr. President, members of the Com- 
mission, I would like to report on two things. Last 
week, the question was asked, 'what is the criteria 
for approving zoning requests,' Commissioner Ciani 
asked that question and looking into that, we do not 
have explicit criteria that we should have, but now 
we are doing some research and so instead of just re- 
porting of what the criteria is we will submit to you 
by next week a report containing suggested. orifceriaif or 
the Commission's consideration. The other matter is 
that next week I will be submitting to you a Reorgani- 
zation Plan for calendaring it for Public Hearings. 
That is all I have for you." 



Commissioner Siggins: "Thank you. Chief, 



Commissioner Gallegos: "I am just curious Chief, of 
why in fact is the Hh of July holiday whether we are 
asking the force to work overtime or what ?" 



Chief Gain: "Yes sir, we cancelled watches off, or 
days off because of the parades and a number of acti- 
vities that are taking place. We are hoping of course, 
that it will be peaceful but we have to have contin- 
gency plans in the event that there are crowd control 
problems among others. So therefore, we will have a 
substantial number of officers working." 



- 387 - 



Commissioner Murphy: "Are you doing anything to con- 
trol the use of firecrackers and that sort of thing?" 



Chief Gain: "Well, we put out a press release and we 
hope that it will have some effect so that it will pre- 
vent injuries and of course try to keep the noise down, 
We are not too hopeful based on past experience, that 
that will have too much effect. 



Commissioner Murphy: "Well, I was just thinking of 
the fire danger." 



Chief Gain: "We are doing the best we can and the 
Fire Department also is taking some action by way 
of public notice." 



Commissioner Gallegos: "Again on the time, is that 
overtime which we will then have to go and get a 
Supplemental?" 



Chief Gain: "No, no Supplemental because fortunately 
we have the next fiscal year after July 1, so there will 
be overtime involved, but then we will have overtime 
funds to accommodate that. We will keep overtime down 
to the extent that we can, but because of potentialities, 
regular policing, plus the parades and other type of 
events, that it will result in some overtime. But we 
do have adequate funds for that . " 



Commissioner Ciani: "I have a question on a completely 
unrelated matter regarding a Resolution from the Board 
of Supervisors relating to permanent part time employ- 
ment, have you given this any thought or do you have 
any plans for the creation within the Department for 
such positions?" 



Chief Gain: "No, I have a copy of that, and in fact, 
I have not given any thought to it. I don't know 
really, what's behind it. But we will look into it, 
I just have a copy on my desk." 



Commissioner Ciani: "What might be behind it is sim- 
ilar action on the oart of Federal Agencies trying to 
create'more positions that might be filled by women. 
Part time positions are more likely to be of interest 
to women who have families. So that may be the rela- 
tionship . " 

Chief Gain: "We have no budgeted money for that. I 
just read into it for what it's worth and perhaps 
it's a matter of using part time persons to save money. 
But I know we have no budgeted funds for any additional 
personnel in the Department." 

Commissioner Murphy: "How many employees do we have that 



- 388 - 



are straight Civil Service, not sworn personnel?" 

Captain Sully: "Over 500." 

Commissioner Murphy: "They are mostly clerical?" 



Captain Sully: "That includes Parking Controlman, 
Traffic Control Officers, Station Officers and 
others . " 



Commissioner Siggins then called for the next it 



em, 



POLICE COMMISSION DISCUSSION REGARDING PLANS FOR 
SETTING OF FUTURE HEARING DATES ON THE BAR ASSOCIA- 
TION'S CITIZEN COMPLAINT PROCEDURES. - CONTINUED 
ONE WEEK.' 



The Commission conducted a general discussion on 
this issue with the pending City Attorney's Opinion 
holding in abeyance the definite setting of further 
public hearing dates on The Bar Association's Pro- 
posal. Commissioner Ciani stated that if the City 
Attorney's Opinion has not arrived by Friday, July 
2, then the Commission should direct a formal request 
in writing to the City Attorney asking him to expedite ,„.-.. 
it's preparation and send It to" the Commission by 'the 
next meeting. Commissioner Siggins stated that if .j 

the City Attorney's Opinion did arrive on Friday, 
the Police Commission would probably set definite hear- 
ing dates at its next regular meeting of Wednesday, 
July J, 1976. He also stated that at this time the 
first Community Hearing date would be Thursday, July 
29 j 1976, at Le Conte School, Army and Harrison Streets. 
Proponents of the proposal agreed with this decision 
and further discussion continued as to how to dissem- 
inate the contents of the City Attorney's Opinion, 
upon its arrival, to all parties concerned. Chief 
Gain stated that the Police Department would reproduce 
sufficient copies of the Opinion . 

Commissioner Siggins stated that the matter would be 
discussed again at next week-'s meeting. 



REQUEST OF THE LEAGUE OF WOMEN VOTERS OF SAN FRANCISCO 
FOR THE POLICE COMMISSION TO ENDORSE A CHARTER AMEND- 
MENT CALLING FOR THE RULE OF THREE (3) FOR ENTRY LEVEL : .; 
AND PROMOTIVE CIVIL SERVICE POSITIONS. ESTHER MARKS 
TO SPEAK ON THE SUBJECT. LJ 



Ms. Ann Anderson of the League of Women Voters appeared 
befora-the Commission and stated that the League . of 
Women Voters support measures to provide a flexible 



_. "389 ''- 



and adequately financed Civil Service System based on 
merit. She further stated that in 1969 the League made 
a study of the structure, functioning and financing of 
,the San Francisco Civil Service System. She stated that 
one of the recommendations as a result of that study was 
that the rule of. one should be replaced by at least the 
rule of three. She then summarily explained the league's 
reasons and background for their request. Chief Gain 
stated that speaking for the administration of the De- 
partment, he supported the Rule of 3. Commissioner 
Siggins acknowledged the request of Police Officer John 
Ballentine of the Police Officers' Association to speak 
on this subject and he stated that this Amendment would 
be faced with a lot of opposition and would not be feas- 
ible- for purposes of the Police and Fire Departments. 
Another member of the audience, Mr. Duke Smith, was also 
permitted to speak and he stated that the County Demo- 
cratic Council two weeks ago adopted a Resolution sup- 
porting this Charter Amendment for the November Ballot. 

Further discussion was held on the issue and the Police 
Commission adopted the following resolution: 



RESOLUTION NO. 281-76 



REQUEST OF THE LEAGUE OF WOMEN VOTERS OF SAN FRANCISCO 
FOR THE POLICE COMMISSION TO ENDORSE A CHARTER AMEND- 
MENT CALLING FOR THE RULE OF THREE (3) FOR ENTRY LEVEL 
AND PROMOTIVE CIVIL SERVICE POSITIONS - APPROVED 



WHEREAS, on June 15, 1976, the Police Com- 
mission received a letter from the League of Women 
Voters of San Francisco advising that they are sup- 
porting a Charter Amendment introduced by the Honorable 
John L. Molinari, member of the Board of Supervisors, 
calling for the Rule of three (3) for entry level and 
promotive Civil Service positons; and 



WHEREAS, Mrs. Ann Anderson, representing the 
League of Women Voters of San Francisco, appeared be- 
fore the Police Commission on Wednesday, June 30, 1976 
and presented their reasons for supporting this amend- 
ment, and also requested an endorsement in principle 
of the amendment from the Police Commission; and 



WHEREAS, it was further stated by Mrs. Ann 
Anderson, League of Women Voters of San Francisco, 
that the Legislative and Personnel Committee of the Board 
of Supervisors will begin hearings early in July on the 
amendment to be placed on the November, 1976 ballot; and 



WHEREAS, the Police Commission conducted a 
general discussion on the matter, and opened the dis- 
cussion to members of the audience who spoke in sup- 
port of the amendment and against the amendment; and 

WHEREAS ,the Police Commission feels that the 
Charter Amendment calling for the rule of three (3) for 



» 'If 



- 390 - 



entry level and promotive Civil Service positions, 
should be endorsed by this Commission; therefore 
be it 



RESOLVED, that the request of the League 
of Women Voters of San Francisco for the Police Com- 
mission to endorse in principle a Charter Amendment 
calling for the Rule of Three (3) for entry level and 
promotive Civil Service positions, be, and the same 
is hereby approved. 

AYES: Commissioners Caini, Gallegos, Murphy, 
Siggins 

NOT VOTING: Commissioner Hall 



POLICE COMMISSION DISCUSSION REGARDING REQUESTS OF 
THE BOARD OF SUPERVISORS RECEIVING INFORMATION AS 
TO WHEN POLICE OPERATIONS WILL COMMENCE IN THE HALL- 
IDIE PLAZA FACILITY. - CONTINUED ONE WEEK 



Chief Gain" "Mr. President, if I may, I would request 
that this item be put over for one week and in the in- 
terim I would request that the Commissioners visit 
Hallidie Plaza and I think that would be beneficial 
and also I would like to provide you sufficient time 
to study a document of which I will deliver to you 
this week." 

AYES: Commissioners Ciani, Gallegos, Murphy, Siggins 
NOT VOTING: Commissioner Hall 

REQUESTING THE POLICE COMMISSION TO ADOPT A RESOLUTION 
APPROVING THE CONFLICT OF INTEREST CODE FOR THE SAN 
FRANCISCO POLICE DEPARTMENT - CONTINUED FROM THE MEET- 
ING OF JUNE 23, 1976 - CONTINUED TO JULY 7, 1976. 



AYES: Commissioners Ciani, Gallegos, Murphy, 
Siggins 

NOT VOTING: Commissioner Hall 



RESOLUTION NO. 264-76 



RECOMMENDATIONS OF THE AWARDS COMMITTEE - APPROVED 



RESOLVED, that the following-named members 
of the Police Department be, and they are hereby grant- 
ed Awards of Valor - Silver Medal and Bronze Medal 
under the provisions of Section 5. 119 of the Rules and 
Procedures of the San Francisco Police Department as 



•■1 



391 - 



approved by the Awards Committee on Friday, June 
25, 1976: 

Police Officer Thomas A. Arnold Silver Medal of Valor 

Police Officer James S. Lomax Silver Medal of Valor 

Sergeant David R. Winn Bronze Medal of Valor 

Police Officer Bob C. Davis Bronze Medal of Valor 

Police Officer Allan C. Duncan Bronze Medal of Valor 

Police Officer Jerry P. Heffernan Bronze Medal of Valor 

Police Officer Waldo H. Jackson Bronze Medal of Valor 

Police Officer Daniel G. Marr Bronze Medal of Valor 

Police Officer Walter L. Pinosky Bronze Medal of Valor 

Police Officer William S. Taylor Bronze Medal of Valor 

***Police Officer John E. Tursi Bronze Medal of Valor 

Police Officer Patrick J. White Bronze Medal of Valor 

***NOTE: AWARDED TWO (2) BRONZE MEDALS OF VALOR. 



AYES: Commissioners Ciani, Gallegos, Murphy, 
Siggins 

NOT VOTING: Commissioner Hall 



RESOLUTION NO. 265-76 



REWARDS GRANTED TO MEMBERS OF THE POLICE DEPARTMENT 



WHEREAS, the following-named members of the 
Police Department have been commended for courageous 
service under the provisions of Section 5.119 of the 
Rules and Procedures of the San Francisco Police Depart- 
ment at a meeting of the Police Commission held on Fri- 
day, June 25, 1976; and 



WHEREAS, Chief of Police Charles R. Gain has 
recommended to the Police Commission that the said mem- 
bers be rewarded under the provisions of Section 8.405(a) 
of the Charter of the City and County of San Francisco; 
therefore be it 



RESOLVED, that Police Officers Thomas A. Arnold 
and James S. Lomax be, and they are hereby awarded Silver 
Medals of Valor, and granted a reward of $100.00 each as 
provided for under said section of the Charter; and be 
it further 



* 



' RESOLVED, that Sergeant David R. Winn, Police 



- 392 



Officers Bob C.Davis, 'Allan C. Duncan, Jerry F. 
Heffernan, Waldo H. Jackson, Daniel G. Marr, 
Walter L. Pinosky, William S. Taylor, John E. Tursi 
(awarded two (2) Bronze Medals of Valor; $50 for 
each award) and Patrick J. White, be, and they are 
hereby awarded Bronze Medals of Valor and granted 
a reward of $50.00 each as provided for under said 
section of the Charter. 



AYES: Commissioners Ciani, Gallegos, Murphy, 
Siggins 

NOT VOTING: Commissioner Hall 

REVISED FIELD STOP PROCEDURES 

Commissoner Siggins stated that in regard to the Revised 
Field Stop Procedures that he would like for the record 
to show that Officer Battle of the Officers For Justice 
and Officer John Ballentine of the Police Officers' 
Association had received copies of the procedures at 
this meeting with the direction that they indicate whether 
their associations desired a meet and confer session on 
said procedures. 



RECOMMENDATIONS OF THE TRAFFIC BUREAU - APPROVED 



RESOLVED, that the recommendations of the 
T5affic Bureau on the Installation of zoning for 
the regulation of traffic on the public streets, be, 
and the same are hereby approved: 



251 GEARY STREET - 

121 & 161 O'FARRELL STREET 

211 STOCKTON STREET - MACY'S 



a) At approximately 251 Geary Street, install 

a M' white zone, to extend from 123' - 167' 
west of Powell Street -(also revoke existing 
44' yellow zone, and remove parking meters 
GEARY-231 & 233. ) 



b) (#1) At approximately 121 O'Farrell Street, 
install a 40 ' white zone, to extend from 55' 
95* east of Stockton Street. 



(#2) At . approximately 161 O'Farrell Street, 
install a 40' white zone, to extend from 138'- 
178' west of Powell Street - (also revoke 
42' yellow zone, and remove 2 parking meters.) 



c) At approximately Stockton Street, install a 
51' white zone, to extend from Il8'-l69' 
south of Geary - (also revoke 51' yellow 
zone at that location.) 






- 393 - 



d) Permission to display portable"No Parking" 
signs in conjunction with the above zones. 



1409 HAIGHT STREET - WHITE RABBIT 



a) At 1409 Haight Street, install a 22' yellow 
zone, to extend from 48' - 70' west of 
Masonic Avenue. 



150 FOLSOM STREET - PACIFIC ELECTRICAL INSTRUMENT LAB, 



a) At 150 Folsom Street, install a 24' yellow 
zone, to extend from 96' - 120' west of 
Spear Street . 



609 O'FARRELL STREET - ACE TRAVELS 



a) At 609 O'Farrell Street, install a 22' green 
zone, to extend from 60' - 82' west of Leaven- 
worth Street . 



AYES: Commissioners Ciani, Gallegos, Murphy, 
Siggins 

NOT VOTING: Commissioner Hall 



REVOKED 



RESOLVED, that the recommendations of 
the Traffic Bureau on the revocation of 137 feet 
of yellow zones at various parts of the City at 
the locations submitted, be, and the same are 
hereby approved. 



AYES: Commissioners Ciani, Gallegos, Murphy, 
Siggins 

NOT VOTING: Commissioner Hall 



RESOLUTION NO. 266-76 



THELMA L. DE LONG 



RESOLVED, that the recommendation of the 
City Attorney for settlement of litigation of Thelma 
L. DeLong in" the sum of $2,500.00 in Municipal Court 
Action No. 7219^0 entitled , "Thelma L. DeLong v. the 
City and County of San Francisco, et al.," as the 



- 394 - 



result of damages sustained, be, and the same is 
hereby approved. 



Date of Incident: January 27, 1975 



AYESt. Commissioners Ciani, Gallegos, Murphy, 
Siggins 

NOT VOTING: Commissioner Hall 



RESOLUTION NO. 267-76 
HORACE J. WOODS 



RESOLVED, that the recommendation of the 
City Attorney for settlement of Small Claims Court 
Action No. 322422 in the sum of $52.00 as the result 
of damages sustained, be, and the same is hereby 
approved . 



Date of Incident: December 16, 1975. 



AYES: Commissioners Ciani, Gallegos, Murphy, 
Siggins 

NOT VOTING: Commissioner Hall 



RESOLUTION NO. 268-76 
MARSHA K. GLANTZ 



RESOLVED, that the recommendation of the 
City Attorney for settlement of Small Claims Court 
Action No. 322 486 in the sum of $25.00 as the re- 
sult of damages sustained, be, and the same is hereby 
approved. 



Date of Incident: February 25, 1976. 

AYES: Commissioners Ciani, Gallegos, Murphy, 
Siggins 

NOT VOTING: Commissioner Hall 

RESOLUTION NO. 269-76 

SHUI S. CHAN AND CALIFORNIA STATE AUTOMOBILE ASSOCIATION 
RESOLVED, that the recommendation of the 



™ ~ ( 



. <1 



3Q5 - 



City Attorney for settlement of the claim of Shui 
S. Chan and the California State Automobile Associa- 
tion against the City and County of San Francisco in 
the sum of $17^.12 as the result of damages sustained, 
be, and the same is hereby approved. 



Date of Incident: December 8, 1975 



AYES: Commissioners Ciani, Gallegos, Murphy, 
Siggins 

NOT VOTING: Commissioner Hall 



RESOLUTION NO. 260-76 



WILLIAM STERN AND FIREMAN'S FUND AMERICAN INSURANCE CO 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of William 
Stern and Fireman's Fund American Insurance Company 
against the City and County of San Francisco in the 
sum of $37-50 as the result of damages sustained, be, 
and the same is hereby approved. 



Date of Incident: February 26, 1976 



AYES: Commissioners Ciani, Gallegos, Murphy, 
Siggins 

NOT VOTING: Commissioner Hall 



RESOLUTION NO. 271-76 



STANLEY VINCE ANASTASIO 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Stanley 
Vince Anastasio against the City and County of San 
Francisco in the sum of $186.9^ as the result of dam- 
ages sustained, be, and the same is hereby approved. 



Dateoof Incident: March 26, 1976 

AYES: Commissioners Ciani. Gallegos, Murphy, 
Siggins 

NOT VOTING; Commissioner Hall 



- 396 - 



RESOLUTION NO. 272-76 

FRED MEYERS AND CALIFORNIA STATE AUTOMOBILE ASSOCIATION 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Fred 
Meyers and the California State Automobile Associa- 
tion against the City and County of San Francisco in 
the sum of $194.10 as the result of damages sustained, 
be, and the same is hereby approved. 



Date of Incident: April 3, 1976 



AYES: Commissioners Ciani., Gallegos, Murphy, 
Siggins 

NOT VOTING: Commissioner Hall 



RESOLUTION NO. 273-76 



DAVID NORDSON 



RESOLVED, that the .recommendation of the 
City Attorney for settlement of the claim of David 
Nordson against the City and County of San Francisco 
in the sum of $21.00 as the result of a faulty tow, 
be, and the same is hereby approved. 



Date of Incident: April 6, 1976 



AYES: Commissioners Ciani, Gallegos, Murphy, 
Siggins 

NOT VOTING: Commissioner Hall 



RESOLUTION NO. 27^-76 



DAVID ANDERSON 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of David 
Anderson against the City and County of San Francisco 
in .the sum of $20.00 as the result of a faulty tow, 
be, and the same is hereby approved. 

Date of Incident: February 15, 1976 'Si 

AYES: Commissioners Ciani, Gallegos, Murphy, 
Siggins 

NOT VOTING: Commissioner Hall 



. a 



397' 



RESOLUTION NO. 275-76 
ZVI GABAY 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of Zvi 
Gabay against the City and County of San Francisco 
in the sum of $22.00 as the result of a faulty tow, 
be, and the same is hereby approved. 



Date of Incident: April 1, 1976 



AYES: Commissioners Ciani, Gallegos, Murphy 
Siggins 

NOT VOTING: Commissioner Hall 



RESOLUTIQN NO. 276-76 



RICHARD WELLS 



RESOLVED, that the ' recommendation of the 
City Attorney for settlement of the claim of Richard 
Wells against the City and County of San Francisco 
in the sum of $18.00 as the result of a faulty tow, be, 
and the same is hereby approved. 



Date of Incident: March 25, 1976 



AYES: Commissioners Ciani, Gallegos, Murphy, 
Siggins 

NOT VOTING: Commissioner Hall 



RESOLUTION NO. 277-76 



MARTY O'DONOHUE ' 



RESOLVED, that the recommendation of the 
City Attorney for settlement of the claim of J. Marty 
O'Donohue against the City and County of San Francisco 
in the sum of $18.00 as the result of a faulty tow, be, 
and the same is hereby approved. 

Date of Incident: March 13, 1976 

AYES: Commissioners Ciani, Qallegos, Murphy, 
Siggins 

NOT VOTING: Commissioner Hall 



It 



- 398 - 



V 



RESOLUTION NO. 278-76 

REQUEST FOR SUPPLEMENTAL APPROPRIATION 



RESOLVED, that the Controller be, and he 
is hereby requested to draw a Supplemental Appropria- 
tion in the amount of $80,220.00 from the following 
appropriation number In the amount shown: 

Appropriation No. 6 . l6l . 110 . 000 . 000 Permanent Salaries- 
Uniform Force $ 80,200. 

and credit it to the following appropriation in the 
amount indicated: 

Appropriation No. 6 . l6l . 110 . 000 000 Permanent Salaries- 
Uniform Force $80,220. 

to correct an error in the salary ordinance relating 
to Q2 Police Officers and Q20 Police Women classifi- 
cations . 



AYES: Commissioners Ciani, Gallegos, Murphy, 
Siggins 

NOT VOTING: Commissioner Hall 



WEEKLY SICK REPORT 



Chief Gain submitted a report of members 
of the Department off duty due to sickness and dis- 
ability for the week ending Monday, June 21, 1976 at 
2400 hours, as follows: 



PREVIOUS WEEK 



Daily average for the week sick 44 48 

Daily average for the week disabled 102 108 



TOTALS 146 156 

This is a decrease of ten (10) members off duty daily 
from the previous week. 

PREVIOUS WEEK 
Daily percentage for the week sick 2.44 2.67 
Daily percentage for the week disabled 5.93 6 .27 

TOTALS 8.37 8.94 

Disabled at start of week 105 

Started during the week 21 

Returned during the week 31 

Disabled at the end of week 95 

Net Gain or Loss -10 



. n 



399 - 



Sick and Disabled for 
week ending Saturday, July 
5, 1975 at 2400 hours as 
follows : 

Daily average for 



the week sick 


45 


Daily average for 




the week disabled 


64 


TOTALS 


109 


Daily percentage 




for the week 




sick 


2.37 


Daily percentage 




for the week 




disabled » 


3.54 


TOTALS 


5.91 



Sick and Disabled for 
week ending Saturday, May 
29, 1976 at 2400 hours as 
follows : 



Daily average for 
the week sick 

Daily average for 
the week disabled 



Daily percentage 
for the week 
sick 

Daily percentage 
for the week 
disabled 



53 
116 



169 



.95 



6.70 



9.65 



The report was ordered filed. 



AYES: Commissioners Ciani, Gallegos, Murphy, 
Siggins 



NOT VOTING 



Commissioner Hall 



RESOLUTION NO. 279-76 



POLICE OFFICER DONALD FORTE, TARAVAL POLICE STATION 



WHEREAS, charges of violating the Rules and 
Procedures of the Sao, Francisco Police Department were 
filed against Police Officer Donald Forte, Taraval 
Police Station, as follows: 



SPECIFICATION NO. 1 

Using unnecessary force on a prisoner. 
(Violation of Section 2.13 of the Rules 
and Procedures of the San," 'Francisco 
Police Department.) 

by Cornelius P. Murphy, Captain of Police, Commanding 
Officer of Taraval Police Station; therefore be it 

RESOLVED, that the date for setting of the 
hearing before the Police Commission on charges filed 
against Police Officer Donald Forte, Taraval Police 
Station, be, and the same is hereby set for Wednesday, 



i , 



- i\00 - 



July 7, 1976 at 5:30 p.m., in Room 551, Hall of 
Justice . 



AYES: Commissioners Ciani , Gallegos, Murphy, 
Siggins 

NOT VOTING: Commissioner Hall 



m 



RESOLUTION NO. 280-76 



POLICE OFFICER VLADIMIR SHEGOLEFF, TARAVAL POLICE 
STATION 



WHEREAS, charges of violating the Rules and 
Procedure's of the San Francisco Police Department were 
filed against Police Officer Vladimir Shegoleff, Taraval 
Police Station, as, follows: 



SPECIFICATION NO. 1 

Using unnecessary force on a prisoner. 
(Violation of Section 2.13 of the Rules 
and Procedures of the San Francisco 
Police Department.) 



by Cornelius P. Murphy, Captain of Police, Commanding 
Officer of Taraval Police Station; therefore be it 



RESOLVED, that the date for the setting of 
the hearing before the Police Commission on charges 
filed against Police Officer Vladimir Shegoleff, 
Taraval Police Station, be, and the same is hereby 
set for Wednesday, July 7, 1976 at 5:30 p.m., in 
Room 551, Hall of Justice. 



AYES: Commissioners Ciani, Gallegos, Murphy 
Siggins 

NOT VOTING: Commissioner Hall 

The Commission then adjourned its meeting. 




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