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DOCUMENTS  DEPT. 

CISCO 

PUBLIC    LI3RARY 


350 
STACKS 


N  ; 


C 


1V3AY  26  1978 
DOCUMENTS  DEPARTMENT 


SAN  FRANCISCO  PUBLIC  LIBRARY 


3    1223   03475   2841 


Digitized  by  the  Internet  Archive 

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7  JANUARY  1976 


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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 0  i 

21  JANUARY  1976        '         REGULAR  MEETING 

~*  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  0 


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 
PATROL  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.AN  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 

ABSENTS1  '•     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  661 
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 


fll,"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, 


)  "  ^\ 

7t|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  F1 .  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  73  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 LK29  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  33 
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  $133^95-00.   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  $73500  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  0 
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  no1,  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^  D0CUMEN1is 


3  MARCH  1^76  IubJSal?3Cr1r?     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^- 


TRAFFIC  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.vx 


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,  disabled5 .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. 


rSANC!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  LiJ 

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  se1  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  solved1 

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 


-  lb7  - 


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 


TRANSFERORS 

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  disabled  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  disabled7 .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  disabled  5.67       for  the  week  disabled  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  1976  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 '[  "-:  0  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  PERMITS 

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  DEPARTMENT ^ 

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' L1  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  313  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  173  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  at  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  31*  - 


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  in  tne  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  danrfc 
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  551s 
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 


PREVIOUS  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  would  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  '[tJ 

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  disabled  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'*xlfiaspp 

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  0  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  disabled  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  disabled  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  P0LICFvEIGHT 
(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  disabled  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.  24  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  xother  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  comev  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 

ng  traff 

e  Superv 

ght  upon 

increas 

and  spe 

the  ins 

traffic 


Presid 
in  my  r 
n  regard 
ic  citat 
ising  Ca 
a  meeti 
ing  prod 
cificall 
truction 
citation 


ent ,  members  of 
eport,  In  view  o 
s  to  our  policy 
ions  in  the  Patr 
ptain  Donald  Tay 
ng  he  had  with  h 
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  disabled3-66 

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,rt  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 
recommend1  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  T976       ,  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,  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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