DOCUMENTS DEPT.
CISCO
PUBLIC LI3RARY
350
STACKS
N ;
C
1V3AY 26 1978
DOCUMENTS DEPARTMENT
SAN FRANCISCO PUBLIC LIBRARY
3 1223 03475 2841
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7 JANUARY 1976
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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
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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
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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:
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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
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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
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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
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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
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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
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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.
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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. "
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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
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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
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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
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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 ^ '
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\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
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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 :
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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
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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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