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SAN FRANCISCO

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DOCUMENTS DEPARTMENT

!JUL 9 1990

SAN FRANCISCO PUBLIC LIBRARY

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tTuii- Dec

2 JULY i KCIAL MEETING

Th^Po Lice Commj sa I on of th ' ,y and
County of^San Francisco met in their chambers,
Room 551, Hall of Justice, 850 Bryant Street, on
Monday, July 2, 1979 at 1730 hours in Special
Session.

PRESENT: Commissioners Sanchez, Toler, Siggins

ABSENT: Commissioners Ciani, Murphy

Commissioner Siggins presiding,

HEARING OF POLICE OFFICER KATHERINE ANDERSON,
PARK POLICE STATION

The meeting of this date was cancelled because
of the inability of Commissioner Ciani to attend

OCT 19 1979

DOCUMENTS DEPT.
S.F, PU3LIC L

- 576

21 5

H JULY 1979

REGULAR MEETING

^*" ^ /jL-CTt-*^-^

No^Police Commission meeting was had
on this date.

OCT 19 1979

DOCUMENTS DEPT.
S.F. PUBLIC L

■Ov...

_ I,

77 -

11 JULY 1979

'-/ILc^ujU:J

SPEC i Mi MEKTING

Th-j^Po Lice Commissi r the CJ ty

and County of^an Francisco met In their
chamber;;, Room 512, Hall of Justice, 8r>0
Bryant Street, on Wednesday, July 11, 1979
at 1700 hours in Executive Session.

PRESENT: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

Commissioner Siggins presiding.
1. - Personnel Matter.

OCT 19 1979

DOCUMENTS DEPT.
S.F, PU3LIC L

11 JULY 1979

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, July 11, 1979 at 1730 hours in regular
session .

i SENT: Cornml ss i.on< rs Ciani, Murphy, Sanchi ••■. ,
To] er, Sigi Lns

Commissioner Siggins presiding,

Commissioner Siggins: "It is i
as the President of the Commiss
the Commission met in Executive
this meeting on a personnel mat
voted to ask for the resignatio
Gain as Chief of Police as of J
Chief handed us his resignation
the Commission, 'Dear Commissio
your request, I h in ■ Lth submil
Chief of Police effective Janua
mission voted to accept the res
cepted it. Do any of the Commi
thing further on this personnel

icuml 11 1 t upon me
ion to report that

Session prior to
ter. The Commission
n of Chief Charles '
anuary 8, 1980. The
letter saying to
: Consequent to
res i gna tion
8, I 180. • The Com-
tl i 'in and has ac-
: oners have an;. -
tter to report?"

Commissioner Murphy: "I would Like to make some

brief . comments. One of:- "then hope in

, , and ] /'"' mo ' ' Ln-
Lnu to provid
services, within th 1 1

as protecting citizens from un ' mted police notions

extensive upgrading of th ling if '" md

- ^78

Improving the quality of police services In gen-
eral. In these areas his adminii bration has been

absolutely outstanding and has been recognized na-
tionally. I also want to point out that he has
clarified the chain of command and has made all
personnel more accountable for their actions.

The Commission shares Chief Gains'
concern that all San Franciscans have equal
opportunity for employment as police officers
regardless of race, sex, or sexual orientation,
as provided for by the Federal, State and City
Law. And his efforts to modernize and upgrade
the Department have naturally given rise to de-
bate both within the ranks and within the Com-
munity at large.

We are also impressed and hope it con-
tinues with the imposition of necessary disci-
pline and appropriate professional standards.
This, of course, has called forth resistance from
some personnel unaccustomed to such guidance in
the past. We hope that he will also help us in
the next five and a half months to make a real
search for a highly qualified and non-controversial,
if that's possible, Chief as a replacement. We also
wish him very good luck."

Commissioner Siggins: "Thank you Commissioner
Murphy. Somebody else want to say something?"

Commissioner Ciani: "I will ,: u: I make a brief
comment. I think it probably appears incongruous
to be praising the Chief at the same time that
we are asking for his resignation. Yet, I concur
in everything that Commissioner Murphy has said.
This Commission has been immensely pleased with
the Chief's work and we fully expect that he will
continue his efforts with the same [uality during
the remaining portion of his re. 1 think our
action today merely recognizes the fact that there
will be a new administration as of the first of
the year and that we would like to assist in making
an orderly transition so that all the good work that
has been accomplished by this administration will
be preserved and continued."

Commissioner Toler: "I concur with Commissioners
Murphy and Ciani. This Commission applauds you
Chief Gain for your efforts and we wish you the best
in many, many month. come. We will

miss you and thank you for you have done for
this City and County of San Francisco."

Commissioner Siggins: "Comn, ' Loner Sanchez

Commissioner Sanchez: "Yes, I just have a few com-
ments. Chief Gain came in as an outsider, as a
Change Agent to a key law enforcement unit in the
nation. He has implemented a number of innovative
programs dealing with personnel, manpower, utili-
zation of resources and training. There comes a

- 579 -

point in everybody's life as a Change Agent where

you reach that point to move on where programs are
implemented, where it's a time for a change to
either maintain or expand services, and I believe
we all realize that this point in time has come.
Nonetheless, we do view your record as one of signi-
ficant accomplishments in those areas but at the
same time we do realize, as you do, that your role
as a Change Agent in the City and County of San
Francisco and the San Francisco Law Enforcement
Agency has reached its peak. And at the same time
we know that whatever you do from here on in will
also be significant in whatever area you pursue.
So we wish you the best of luck in your future pur-
suits as a professional Law Enforcement Officer."

Commissioner Siggins: "I might add Chief, as I
mentioned at the graduation of the recruit class ■
the other night, you accepted a mandate from us to
assist in improvement of police services in this
community. You have served us in troubled times
and you have carried out that mandate with impeccable
integrity and my respect for you is complete."

Chief Gain: "Thank you. Mr. President, members of
the Commission, I thank you very much for your
remarks. I assure you, that we will continue as
long as I am here as Chief of Police, we will con-
tinue the programs with a great deal of substantial
staff help. It will not be a lame duck administra-
t Lon Prom the standpo i nt of ,i us1 a stal us qui > oper-
ation. We will continue on in everyway as we have
in the past. This ; a principle resolution to a

t?oblem and I thank you for thi manner in which . • u
have handled it as a Commission. Thank you ver;
much . "

Commissioner Siggins: "I might add Chief that at
a time when the reference might be made to one of
the unions, or the union of the Police Officers'
Association, that when we have a hearing like the
one we are having here tonight some of which involve
the potential termination of a member of the Depart-
ment, or employee of the Department, I have never
met a man that is more concerned about the employee,
more fair to that employee or more impartial. And
members of that Association have told me personally
that they have never felt that there has been a man
with more sincerity, a man in some of the problems.
that we have tried to work ou1 tfith the Individual,
who has given that Individual I chance and not
once, except in a drastic area, have you suggested
that one of the employees be terminated. So I fi
that that should be said at this time."

Chief Gain: "Thank you Mr. President

•S80

RECOMMENDATION OF THE AWARDS COMMITTER

Commissioner Siggins; "Commissioner Sanchez chaired
the Awards Committee on June 29th."

Commissioner Sanchez: "Yes, with the Commission's
permission I would like to discuss the two cases
of the Gold Medal of Valor pertaining to these two
candidates and for the above reasons. Number one,
both men, both young men were involved in heroic
efforts to save human beings who were in an auto
accident involving three vehicles that were on fire.
Other people had tried to get to the vehicles but
were not able to get close and these two young
officers went into the vehicles despite the in-
tense heat, not once, but twice, and three times
to rescue and save two people. They entered a
third time, receiving severe burns and injuries
and broke windows, in attempts to rescue what they
thought was a third victim, which happened to be a
sleeping bag in the back of the truck. All victims
were saved and placed in intensive care units. This
incident happened over a year ago, it happened May
30th 1978, but because of the change in command at
the Southeast Station the report and recommendation
was not forwarded to the Commission for proper pro-
cedure. There was a unanimous vote by acclamation
for these two young men in reference to their heroic
deeds in saving the two lives and preventing further
injuries .

I would like to recommend that both men
who are recommended for the Gold Medal of Valor
be awarded one month !s salary rather than just the
$200, or whatever the normal 1 rocedure Ls, and 1
would hope that the Commission would second this
if deemed appropriate. I know it has never been
done before, that's why I am bringing it here to-
night and making a request that both men be paid
one month's salary each as an award for the Gold
Medal and given the nature of the situation, the
high risk to both themselves and to other people
in that area, and I would so move."

Commissioner Murphy: "I will second it. As I
understand it this is possible for us to do
legally, isn't it?"

Commissioner Sanchez: "Yes, other than that all
of the others who are outstanding men and women
of the department who were brought up and, basi-
cally, have demonstrated outstanding skills and life

iving devices in the situations reported as fol-
lows. Basically, with the motion in second on
the Gold I would move full approval of the Awards
Commit tee . "

Commissioner Siggins: "You are taking the entire
Awards Committee recommendation plus the motion

that includes one month's salary for the two Gold
Medals?"

- 581 -

Commissioner Sanchez: "Unless you want to break
Lt down Lnto I w< i, Lf not, I win go wl bh the one . "

Commissioner Murphy: "1 will Include that In my
second . "

Commissioner Slgglns: "Question? All in favor?"

AYES: Commissioners Ciani, Mui'-phy, Sanchez,
Toler, Siggins

RESOLUTION NO. 433-79

RECOMMENDATION OP 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
5.119 and 5.131 of the Rules and Procedures of the
San Francisco Police Department, as approved by the
Awards Committee on Friday, June 29, 1979:

Police Officer Allan C. Duncan Cold Modal of Valor

Police Officer Daniel A. McDonagh. .Gold Medal of Valor

Police Officer Edgar J. Callej as .. .Silver Modal of Valor

Police Officer Gary J. Constantine . Silver Medal of Valor

Police Officer Kevin M. Dillon Silver Medal of Valor

Police Officer Lawrence A. Gray ... .Silver Medal of Valor

Police Officer Dennis A. Gustaf son. Silver Medal of Valor

Police Officer Orin B. Hargraves ... Silver Medal of Valor

Police Officer James E. Hickson ... .Silver Medal of Valor

Police Officer Dennis G. McClellan. Silver Medal of Valor

Police Officer Alan F. McPheters ... Silver Medal of Valor

Police Officer Steve R. Marquez ... .Silver Medal of Valor

Police Officer Donald N.

Moorehouse Silver Medal of Valor

Police Officer Michael D. 0 'Brien .. Silver Medal of Valor

Police Officer Richard H.

Van Winkle Silver Medal of Valor

- 582 -

Lieutenant Richard J. Shippy . .Bronze Medal of Valor

Sergeant Donald J. Lando Bronze Medal of Valor

Sergeant Mario (nnil) Tovanl .. .Bronze Medal of Valor

Police Officer Peter A.

Balestrerl. .. .Bronze Medal of Valor

Police Officer Martin J.

Barber o. . .Bronze Medal of Valor

Police Officer Anthony J.

Camilleri ... .Bronze Medal of Valor

Police Officer David L.

Fontana. . .Bronze Medal of Valor

Police Officer James J.

Gallagher ... .Bronze Medal of Valor

Police Officer Leroy (nmi)

Henry Bronze Medal of Valor

Police Officer James P. Hunt.. Bronze Medal of Valor

Police Officer William J.

Kelly Bronze Medal of Valor

Police Officer Robert P.

Salaiz ... .Bronze Medal of Valor

Police Officer Michael B.

Slade Bronze Medal of Valor

AYES: Commissioners Ciani , Murphy, Sanchez,
Toler, Slggins

RESOLUTION NO. 4 3^-79

REWARDS GRANTED TO MEMBERS OF THE POLICE
DEPARTMENT

WHEREAS, the following-named members of
the Police Department have been commended for coura-
geous service under the provisions of Section 5.119
and 5.131 r>f the Rules and Procedures of the San
Francisco Police Department at a meeting of the
Police Commission held on Wednesday, July 11, 1979;
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) (4) of the Charter of the City and
County of San Francisco, therefore be it

5 a

RESOLVED, bhat Police Officers Allan

C. Duncan and Daniel A. McDonagh, be, and they
are hereby awarded Gold Medals of Valor and
granted a reward of one month's salary each as
provided for under said section of the Charter;
and be It further

RESOLVED, that Police Officer Edgar J.
Callejas, Gary J. Constantlne, Kevin M. Dillon,
Lawrence A. Gray, Dennis A. Gustafson, Orin B.
Hargraves, James E. Hickson, Dennis G. McClellan,
Alan P. McPheters, Steve R. Marquez, Donald N.
Moorehouse, Michael D. O'Brien, and Richard H.
VanWinkle, 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 Lieutenant Richard J.
Shippy, Sergeant Donald J. Lando, Sergeant Mario
Tovani, Police Officers Peter A. Balestreri, Martin
J. Barbero, Anthony J. Camilleri, David L. Fontana,
James J. Gallagher, Leroy Henry, James P. Hunt,
William J. Kelly, Robert P. Salaiz, and Michael
B. Slade, 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, Murphy, Sanchez,
Toler, Siggins

RECOMMENDATION OP THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendation 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:

1040 SACRAMENTO STREET - FAIRMONT HOTEL & TOWERS

a) At 1040 Sacramento Street, install a 25'
red zone, extending east of east building
line .

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NAYS: Commissioner Ciani
1750 LOMBARD STREET- S.F. MOTEL

a) At 1750 Lombard Street, install a 9' red
zone, extending from east property line
9' west of same.

- 58-4

b) Revoke existing <v green'zone, oxtend-
1 1 1 .< '-. from east; pn iperl ,v Line 9 ' weal of

same.

330-5th STREET - GREAT WEST POOD PACKERS

a) At 330-5th Street, install a 20'

yellow zone, extending from 9' to 29'
north of Shipley Street.

b) Remove parking meter #5S 318.

32 35 SACRAMENTO STREET - LE CASTEL RESTAURANT

a) At 3235 Sacramento Street, installed 17'

white zone presently painted on curb needs
time use changed to 11:30 A.M. to 1:00 A.M.

b) Remove parking meter SAC 3215-

336 HAYES STREET - MANDARIN OPERA RESTAURANT-DENIED

a) At 336 Hayes Street, Install a 22'

white zone, extending from east building
line 22' west of same. DENIED.

1085 MISSION STREET - JIM'S LIQUOR

a) At 1085 Mission Street, install a 22'
yellow zone, extending from 7' to 29'
west of east building line.

b) Remove meter 1081.

766 HARRISON STREET - VICTOR CALIFORNIA

a) At 766 Harrison Street, revoke existing
50' green zone, extending from 10' east
to 40' west of east property line.

b) At 766 Harrison Street, install a 501

yellow zone, extending from 10* east to
40' west of east property line.

1463 BROADWAY - BROADWAY BOWL

a) At 1463 Broadway, revoke existing 44'
Special Truck Loading Zone, extending
44* east of west building line.

585 -

rji mission stkek1!1 - tummy1:: uquor

a) At 131 Mission Street, revoke existing
25' yellow zone, extending from 155' to
180 ' west of Spear Street.

1080 SACRAMENTO STREET - FAIRMONT HOTEL & TOWER

DENIED

a) At 1080 Sacramento Street, install an 87'
red zone, extending 87' east of existing
red zone east of Mason Street. DENIED.

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NAYS: Commissioner Ciani

1030 SACRAMENTO STREET - FAIRMONT HOTEL & TOWERS -

DENIED

a) At 1030 Sacramento Street, install a 71'
red zone, extending from 50' to 121' west
of Powell Street. DENIED.

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NAYS: Commissioner CianJ

All items above not voted on separately were voted
as follows:

AYES: Commissioners C^ani, Murphy, Sanchez,
Toler, Siggins

REVOKED

RESOLVED, that the recommendation of the
Traffic Bureau on the revocation of 128 feet of
green and yellow zones, at the parts of the City,
at the. locations submitted, be, and the same are hereby
approved.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

- 586 -

resolution NO. 420-79

POLICE NARCOTIC FUND - APPROVED

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 $6,000 charging same to Firm No.
355081 2010 133 01 as an advance on the Police
Narcotic Fund for the month of July, 1979.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 421-79

POLICE CONTINGENT FUND - APPROVED

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 $4,000 charging same to Firm No. 355081 2010
132 01 as an advance on the Police Contingent
Fund for the month of July, 1979.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 422-7. '

CALIFORNIA STATE AUTOMOBILE
ASSOCIATION (TERRANCE KING)

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of the
California State Automobile Association (Terrance
King) against the City and County of San Francisco
in the sum of $319-36 as the result of a collision
with a police vehicle, be, and the same is hereby
approved .

Date of Accident: March 1, 1070

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

- 587 -

RESOLUTION NO. 423-79
KAMRAN P. SHAD AN

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of Kamran P. Shadan against the City and County
of San Francisco in the sum of $183.63 as the
result of damages sustained, be, and the same
is hereby approved.

Date of Incident: May 17, 1979

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 424-79
JILMA MARSHALL

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of Jilma Marshall against the City and County
of San Francisco in the sum of $150.00 as the
result of damages sustained, be, and the same
is hereby approved.

Date of Incident: 19 76

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 425-79

LEE A. BANKS

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim of
Lee A. Banks against the City and County of San
Francisco in the sum of $125.00 as the result of
damages sustained, be, and the same is hereby
approved.

Date of Incident: February 24, 1979

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

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RES QLUTION NO. 426-79

ERNESTINE MC KINNEY

RESOLVED, that the recommendation of
the City Attorney for settlement of litigation of
Ernestine Mc Kinney in the sum of $50.00 in Muni-
cipal Court Action No. 730-052 entitled "Ernestine
McKinney 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: January 11, 1975

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 427-79

IRA CHECKLA

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of Ira Checkla against the City and County of
San Francisco in the sum of $30.50 as the re-
sult of a faulty tow, be, and the same is hereby
approved .

Date of Incident: June 4, 1979

Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 428-79

JOHNNY H. DAVIS

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim of
Johnny H. Davis against the City and County of
San Francisco in the sum of $30.50 as the result
of a faulty tow, be, and the same is hereby
approved .

Date of Incident: May 6, 1979

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

5 8 9

gESOyJTION NO. 'lPQ-70
ROSEMARIE ROLLEY

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of Rosemarie Rolley against the City and County
of San Francisco in the sum of $30.50 as the
result of a faulty tow, be, and the same is
hereby approved.

Date of Incident: May 7, 1979

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 430-79

AUTHORIZING ATTENDANCE OP LIEUTENANT RICHARD D.
KLAPP, AND SERGEANT MICHAEL S. HEBEL, PERSONNEL
AND TRAINING, AT THE QUARTERLY MEETING .AND PUBLIC
HEARING ON THE BASIC POLICE TRAINING COURSE AT
LOS ANGELES, CALIFORNIA, ON JULY 26,1979 AND JULY
27 , 1979, INCLUSIVE.

RESOLVED, that the recommendation of the
Chief of Police that Lieutenant Richard D. Klapp
and Sergeant Michael S. Rebel, Personne] and Train-
ing, i)" detailed bo attend the Quarterly Mee1 Lng
and Public Hearing on Basic Police Training Course
at Los Angeles, California, on July 26, 1979 and
July 27, 1979, inclusive, be, and the same is hereby
approved; and be it further

RESOLVED, that the expenses incurred by
Lieutenant Richard D. Klapp and Sergeant Michael
S. Hebel, Personnel and Training, in a sum not to
exceed $156.00 each, will be defrayed by the San
Francisco Police Department's Police Officers'
Training Fund .

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. *t 31-7.9

AUTHORIZING ATTENDANCE OF LIEUTENANT ALAN LARKIN,
INVESTIGATIONS, AT A MIDDLE MANAGEMENT TRAINING
COURSE, AT SAN DIEGO, CALIFORNIA, PROM JULY 23,1979

590

TO ain;ii;;m' ;, ny-), I MCUJSIVE.

RESOLVED, that the recommendation of
the Chief of Police that Lieutenant Alan Larkln,
Investigations, be detailed to attend a Middle
Management Training Course at San Diego, Cal-
ifornia, from July 23, 1979 to August 3, 1979,
inclusive, be, and the. same is hereby approved;
and be it further

RESOLVED, that the expenses incurred
by Lieutenant Alan Larkln, Investigations, in
a sum not to exceed $632.00 will be defrayed by
the San Francisco Police Department's Police
Officers' Training Fund.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 432-79

AUTHORIZING ATTENDANCE OF SERGEANT GREGORY CORRALES,
VICE CRIMES DIVISION, NARCOTICS UNIT, AT THE IN-
FORMANT DEVELOPMENT AND MAINTENANCE COURSE AT RIVER-
SIDE, CALIFORNIA, FROM JULY 16, 1979 TO JULY 20,
1979, INCLUSIVE.

RESOLVED, that the recommendation of
the Chief of Police that Sergeanl Gregory Corrales
Vice Crimes Division, Narcotics Unit, be detailed
to attend the Informant Development and Maintenance
Course at Riverside, California, from July 16, 1979
to July 20, 1979, inclusive, be, and the same is
hereby approved; and be it further

RESOLVED, that the expenses incurred by
Sergeant Gregory Corrales, Vice Crimes Division,
Narcotics Unit, in a sum not to exceed $314.00,
will be defrayed by the San Francisco Police De-
partment's Police Officers' Training Fund.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

The members of the Commission, having
received, amended and returned copies of the
minutes of the meeting of June 6, 1979, reading

- 591 -

of same was dispensed with, and the minutes worn
improved..

AYES: Commissioners Cianl, Murphy, Sanchez,
Toler, Siggins

CHIEF'S REPORT TO THE POLICE COMMISSION

Chief Gain: "No report Mr. President, members of
the Commission."

RESOLUTION NO. 435-79

PATROL SPECIAL OFFICER LUCIEN M. VANCE III -REVOKED

RESOLVED, that the appointment of Patrol
Special Officer Lucien M. Vance, III., for Beats
Nos. 95 and 101, Richmond Police District, be, and
the same is hereby revoked, effective July 11, 1979,
he having sold his beats to Patrol Special Officer
Elbert Taylor.

AYES: Commissioners Cianl, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 436-79

PATROL SPECIAL OFFICER KLLERT TAYLOR - APPROVED

RESOLVED, that Patrol Special Officer
Elbert Taylor, be, and he is hereby appointed a
Patrol Special Officer for Beats Nos. 95 and 101,
Richmond Police District; said appointment effective
July 11, 1979, he having purchased Beats Nos. 95 and
101 from Lucien M. Vance, III.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 437-79

PATROL SPECIAL OFFICER BERNARD THOMAS MALONEY (DECEASED)'
REVOKED

RESOLVED, that the appointment of Patrol

- 592 -

Special Officer Bernard Maloney (Deceased) for
Beat No. 66, Taraval] Police District, be, and
the same is hereby revoked, effective July 11,
"1079, his daughter, Cecelia Melder, Administrator
of the Estate of Bernard Thomas Maloney, having
sold his beat to Special Police Officer Lucien
M. Vance, III.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 438-79

PATROL SPECIAL OFFICER LUCIEN M. VANCE III
APPROVED

RESOLVED, that Patrol Special Officer
Lucien M.Vance III, be, and he is hereby appointed
a Patrol Special Officer for Beat No. 66, Taraval
Police District; said appointment effective July
11, 1979, he having purchased Beat No. 66, Taraval
Police District, from the Estate of Bernard Thomas
Maloney .

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

REQUESTING APPROVAL OF PROPOSED GENERAL ORDER ON
WEAPONS AND PROTECTIVE EQUIPMENT. - CANCELLED

RESOLUTION NO. 440-79

REQUEST FOR A SUPPLEMENTAL APPROPRIATION TO INCREASE
THE COVERAGE OF THE SENIOR CITIZEN ESCORT OUTREACH
SERVICE.

RESOLVED, that the Police Commission approves
the request for a Supplemental Appropriation which will
increase the coverage of the Senior Escort Outreach
Service in the amount of $105,970.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

- 59 : ■

HEARING OF POLICE OFFICER BRUCE BUSHNER. rMMMUNT-
CATIONS DIVISION

The hearing of Police Officer Bruce
Bushner, Communications Division, was called,
it having been set for this date. Police Officer
Bruce Bushner was charged with violating the Rui
and Procedures, as follows:

SPECIFICATION NO. 1

Inability to Perform Duties of
Police Officer. (Violation of
Section 2.01 of the Rules and
Procedures of the San Francisco
Police Department.)

In a properly verified complaint by Charles R.
Gain, Chief of Police of the San Francisco Police

Department .

Police Officer Bruce Bushner appeared
in person and was represented by Sergeant Michael
S . He b e 1 , A 1 1 o r n e y a t Law .

Mr. Lawrence Wilson, Attorney at Law,
appeared as the Prosecutor for the Police De-
partment .

The reading of the Charges was waived

An opening statement was made by Mr.
Lawrence Wilson, Prosecuting Attorney.

An opening statement was made by Sergeant
Michael S. Hebel, Defense Attorney.

The following-named witnesses were called
by the Prosecution, sworn and testified:

Sergeant John Minoli
Personnel Bureau

Dr. Norman Steiner
Police Surgeon

The following Exhib i entered into
Evidence by the Prosecution:

Exhibit No. 1 - Disability and Sick Leave

Records of Police Officer
Bruce Bushner.

- ^94

Exhibit No. 2 - Letter from Joseph Unamun,

Claims Adjuster Compensa-
tion Division, San Francisco
City and County Employees'
Rei nt System, da1 i
October 3, 1978, re: Police
Officer Bruce Bushner.

The Commission then adjourned at 2150
hours, and the matter was continued to Wednesday,
August 1, 1979, at 1730 hours, in Room 551, Hall
of Justice.

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

ABSENT: Commissioner Ciani

PUBLIC HEARING ON APPLICATIONS TO DETERMINE PUBLIC
CONVENIENCE AND NECESSITY FOR THE ISSUANCE OF VEHICLE
FOR HIRE PERMITS. (CONTINUED FROM THE MEETING OF
JUNE 27, 1979. )

RESOLUTION NO. 439-79

FINDINGS AND DECISION OF THE POLICE COMMISSION
IN THE HEARING ON APPLICATIONS FOR CERTIFICATES
OF PUBLIC CONVENIENCE AND N] i
OPERATION OF TAXICADS.

WHEREAS, each of tl Low-listed persons
applied to the Police Commission for a declaration
by the Commission on Public Convenience and Nec-
essity for the issuance of a permit for operation
of a taxicab in the City and County of San Francisco

WHEREAS, this matter came on for hearing
before the Police Commission of the City and County
of San Francisco on May 14, 1979, and hearings con-
tinued at intervals until and including July 11,
1979; and

WHEREAS, man;, j ed before

the Commission and some ed documentary evi-
dence in support of their applications; and

WHEREAS, various persons testified in
opposition to the granting of additional permits
and documentary evidence in support of their posi-
tion was presented to the Commission; and

- 595 -

WHEREAS, police department staff, at
1 m i < - paquoat of the Police Commission, oondueted

a survey of the prevailing conditions involving
taxi onl> transportation in the City and County
of San Francisco and submitted documentary evi-
dence to assist the Commission In arriving at
Its decision; and

WHEREAS, the law requires that in order
for a declaration of public convenience and nec-
essity to be made the applicant shall have the
burden of proof to establish by clear and convinc-
ing evidence that public convenience and necessity
require the operation of the vehicle for which
permit application is made; therefore be it

RESOLVED, that no applicant, nor applicants
collectively, have established by clear and convinc-
ing evidence that public convenience and necessity
require the operation of the vehicle or vehicles for
which permit application is made; and be it

FURTHER RESOLVED, that the Commission
finds there does not exist public convenience and
necessity for the operation of additional taxicabs
in the City and County of San Francisco.

Dodds, James R.
River a , Qu e r i < 1 a M l a
Rhee, Doo ifong
Bajada, Jose L.
Singh, Mahlnder
Cook, Thomas J.
Siegel, Howard
Scheelke, Charles R.
Wallace, Richard A.
Coop, Brian Pendleton
Chung, Kyu Y.
Thomas, Cornelius F.
Trad, George
O'Falahee, Sean
Kanstoroom, Paul
Lim, Jack G.
Horning, Harry Joseph
Boyles, John Patrick
Vo> Cam Van

Maldonado, John J., Sr.
Brosnan, Thomas Patrick
Lloyd, Harold W.
George, Anthony Gerald
Woon, Victor Poy
Smith, Daniel F.
Quigley, Richard T.
Marez, Jimmy
Byrnes, William M.
Berzaman, Peter Panos
Cardona, Miguel Angel
McFall, Roy Russell
Gray, Theodore Eugene
McMahon, Patrick J.

- ^96 -

Pilossoph, Jack
Pong, Bud S.
Ho, Kenneth Y. K.
Bartholomew, John
Portal, Fernando A.
Gelder, Allen B.
Williams, Roosevelt
Sunga, Eugene L.
Patricio, Ruben A.
Pryor, Joshua K.
Wong, Dennis T.
Hinds, Dan Charles
Shair-Ali, Romeo
Maher, Ralph J.
Vance, Harold Arthur
Wong, King Hee
Duncan, Thomas
Dong, Kee Gok
Shook, William L. Jr.
Hsu, Gardner C.
Kelley, J. Howard
Varcados, James
Josue, Arthur
Mekbeb, Admassu
Venegas, Joseph M., Jr.
. Fishel, Allan D.
DeCausemaker, Richard E.
Bottorff, James R.
Parr, Wendell Cordes
Busey, Matthew W.
Ma, John W.

Arkeder, - Fred John, Jr.
Warne, Joseph P.
Huey, Glm P.
Manor, Robert
Lipkins, Joel C.
Hafiz, Nick
Tong, George
Leong, Frankie Fook
Kelley, Michael John
Grenfell, Edwin K.
Lee, Mun Hoy
Valdez, Roberto
Bendana, Louis P.
Yun, Johnson C. H.
Lee, Wing Dor
Maddox, James A.
Ribeiro, Leonard Charles
Park, Hae Kyoo
Yen, Eugene
Wootton, Joseph T.
Jajeh, Rafik A.
Damarco, John
Choy, Alfred Poon-Kiu
Hasegawa, Tai
Prenovitz, Simon S.
Tober, Dan Y.
Correll, William Joseph
Solidakis, John
Solorio, Francisco J.
Martinez, Joe Velasco
Moy, William W.
Ruiz, Albert T.

- 597 -

Phelan, James Patrick
Seto, Anderson lion Sang

Dickson, Glenn J .

Gray, Charles C.

Tripoli, Prank Joseph

Chan, Yee Hing

Harj o, Willi am J oseph

Jay, Gimson

Shum , K i n Man

Innes , Sand pa

Norvell, Edgar Lloyd

Simmoneau, Thomas John

Johnston, John Stevenson

Mines, James R.

Kearns, Claude F.

Chu, Tony

Chow, Henry Y.

Yee, Gay Ho Keung

Houchins, James L.

Elsayed, Mohamed

Ong, Sum M.

Garcia, Jesus Manuel

Diamos, Prank

Mehrten, Thomas G.

Leung, Kwong-Tai

Tober, York Y.

Grj ff in, Robert L.

Lavin, Martin John

Timberline, Rich

Johnson, Kenneth D.

Russell, Lawrence Victor

Westermeyer, Robert J.

Nun I <\\ , Prank] in D.

Pade M , 'l i Lbert E.

McGee , Ma pguerite

McGee, Pharoah

Adams , R i chard W .

Anton , Bru Le 11 .

Rrown , CI leste p J .

Wong, 01 i vet1 Y . T.

Wong, Peter K .

Yang, Samuel

Ccsana, Robert

Bolig, J ames

Pardbastuni , A I i

Scoble, Ed'.;ard .James,

Tsang, Abios Chun-Tok

Lo, Calvin C.

Kleiman, Charles S.

Hall, Al

Rurke, Edmund

ft isief , K i '■' Lai

Taye, Fesahe

Ga] i cha , Di osdado G .

Diesso, Thomas

Ng, Cho Shun

Dorii, Gui ntor Hoi nz

[Mi :i ;nthumrong, Chum I ong

Clarkson, Marc

Craig, Robert S.

, ■;, , Glenn Arno hi
Parsons, Douglas II.
Schrei ner, Prank
i ,i ,i tori r, Gene J .
Whipple, G orge Arthur

- vi8 -

Tong, Chuck Bun

KvflM I I--' ' I' I', < '< •n.: I ;inl in.'

Gil Lesp Le, James Mi mi J am I n
Coffman, Richard O'Farrel]

Nat 1. v i dad , Cornelius K.

Zlotkin, Harry L.

Boaia, M i J burn Baa com

Stanghellin i , Thomas J.

Wong, Warren Kan

Wong, Matthew Kan

Wong, Warren Kan, Jr.

Leung, Michael S.

Horn, Ying F.

Yee, Ben Yin

Dorestant, Rene

Contillo, Rene

Chin, Wai Jun

Wong, Win;-, ton Guey

Horn, Moon You

Lee, Arthur

Small, Lloyd Garland

Walker, Frances Mary

Chee, Yiek Ping

We I shans , Willi am Dean

Hoffman, James

Johnston, Russel M.

Stockfleth, Walter L.

Nguyen, Tu V.

Arroyo, Carlos Julio

Chan, Paul

R ubl n, Ralph R .

Wong, Wing Hoi

Tsakonak Is, John

Dong, Duncan Fee

Larson, James C.

Norton, William

A 1 imnd , l ml i az

Kainsi •;; , Willie

Ahmed, Av.'i:;

Angel i, Clement Vincent

LeClair, Alfred Matthew, Jr

Kelly, John W.

Feger, Robert II.

Sanz, Roberto Wolfert

No lot, Gerard

Matheson, James Albert

Abebe, Leges se

Rush, Herbert A.

Christian, Edward Ear]

Tesfa, Genene

Lynch, Prank P.

Gebru, Tilahun

Lesko, John G . , Jr .

T< ber, Taran Y.

Gaspard, Rogers A.

Fazackerley, Keith Seville

111 1 1 , Le Land E.

Abde 1 La, Abdo M.

Tafesse, Warkos Michae]

Cl.i'l'll ll''|ll'.

Kri ipe, Tin imas I van
Rohrig, Wi 'l l i am
Ha l I , James T.

- ' ,' 1' I _

Lym, No i 1 Chow
.".1 eder, Dixon J .
Seronick, Bernard

Neyhart, Dirk
Chiu, Ping Yin

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

The Commission then adjourned its meeting
at 2150 hours .

iMk%

( I (■) I ) -

lft JULY 1975 REGULAR MEETING

Th^Pollce Commission of the City and

County of^ian Francisco, met in their chambers,
Room S51» Hal] of Justice, fir>n Rryant Street,
on Wednesday, July lM, L979 at IY;o hours Ln
regular session.

PRESENT: Commissioners Ciani, Murphy, Toler,
Siggins

ABSENT: Commissioner Sanchez

OCT 19 1979

Commissioner Siggins presiding. documents dept.

S.F, PU3LIC t ^F.ARY

RECOMMENDATION OF THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendation 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:

4799-17th STREET - 17th & COLE MARKET

a) At 4799-17th Street, install a 22'

yellow zone, extending from west property
Mm' to pp ' easl nC wo:". 1 proper! y I i no .

4799-17th STREET - 17th & COLE MARKET

a) At 47()<J-17th Street, instal] a 22'

green zone, extending from 22' west
of west property line to 44' east of
west property line.

2480 MISSION STREET - LOS PORTALES MEDICAL CENTER

a) At 2480 Mission Street, instal] a 44'
blue zone, extending Prom 46' to 90'
north o (' south 1 irop< >rty I inc .

b) Meters 2436 and ;'4-;4 to be removed

- , .III _

2480 MISSION STREET - LOS PORTALES MEDICAL

CENTER - DENIED

a) At 2480 Mission Street, install a 44'
white zone, extending from 21 to 46'
north of south property Line. DENIED.

b) Meters 2440 and 2438 to be removed. DENIED,

2960 DIAMOND STREET - GLEN PARK HOME ELECTRONIC CENTER

a) At 2960 Diamond Street, install a 22'
green zone, extending from 5' east of
east property line to 22' east of east
property line .

1844 ^RODERICK STREET - 7 DAY ADVENTIST

a) At 1844 Broderick Street, install a 22'

white zone, extending from south property
line 22' north of same.

1265 BATTERY STREET - S.F.P.D

a) At 1265 Battery Street, revoke existing

48' yellow zone, extending from 20' to 68'
south of Greenwich Street.

;. BUENA VISTA - ST. .e'SKPH'S i I. 'SP 1 TA I ,

a) At 325 Buena Vista, install a 100' white
zone, extending from main entrance r>0'
each direct 1 on . Teni] m >ra r.. zorn durln
reconstruction 18 months 1 ears.

325 BUENA VISTA - ST. JOSEPH' I PAL

a) At 325 Buena Vista, revoke existin

white zone, extend'' ' to Lc35'

sc nth of north buildii ' .

b) At 325 Buena Vista, rev xisting

green zone, extending from L ' to ''1' south
of north building 1 1 n .

c ) At •!.". L-Juenu Vista, revolt ■ ' Lin
1 n zone, extendi ng from 1 '>'. ' t<
south of north building li: -

- 602

>2b BUENA VISTA - ST. JOSEPH'S HOSPITAL

a) At 325 Buena Vista, revoke existing
188 ' green zone, extending from 225'
to 413' south of north bin ldinp; line.

b) At 325 Buena Vista, revoke existing 105'
green zone, extending from *I5' to 150'
south of Park Hill Boulevard.

32 PARK HILL - ST. JOSEPH'S HOSPITAL - DENIED

a) At 32 Park Hill, install an 88'
yellow zone, extending from Buena
Vista 88' west of same. DENIED.

AYES : Commissioners Ciani, Murphy, Toler,
Siggins

NOT VOTING: Commissioner Sanchez

REVOKED

RESOLVED, that the recommendation of the
Traffic Bureau on the revocation of W39 reet of yellow,

green and white zones, at the parts of the City, at
the locations submitted, be, and the same are hereby
approved .

AYES: Commissioners Ciani, Murphy, Toler,
Siggins

NOT VOTING: Commissioner Sanchez

RESOLUTION NO. HHl-79

PAUL CARO AND HIS ATTORNEY

RESOLVED, that the recommendation of the
City Attorney for settlement of litigation of Paul
Caro and his attorney in the sum of $1,500.00 in
Superior Court Action No. 699-677 entitled "Paul
Caro and his attorney vs. City and County of San
Francisco, et al . , " as the result of damages sus-
tained, be, and the same is hereby approved.

Date of Incident: January 1, 19775

AYES: Commissioners Ciani, Murphy, Toler,
Siggins

NOT VOTING: Commissioner Sanchez

- r<ci •: -

RESOLUTION NO. 444-79

STATE FARM MUTUAL (FRANCIS
CAVANAGH AND THEIR ATTORNEYS )

RESOLVED, that the recommendation of
the City Attorney for settlement of litigation of
State Farm Mutual (Francis Cavanagh and their attorneys)
in the sum of $1,009-78 in Municipal Court Action No.
769-355 entitled "State Farm Mutual (Francis Cavanagh
and their attorneys) vs. City and County of San Fran-
cisco, et al.," as the result of damages sustained,
be, and the same is hereby approved.

Date of Incident: March 23, 1978

AYES: Commissioners Ciani, Murphy, Toler,
Siggins

NOT VOTING: Commissioner Sanchez

RESOLUTION NO. 443-79

ROBERT THOMAS SCHMITZ

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Robert
Thomas Schmitz against the City and County of San
Francisco in the sum of $1,144.00 as the result of
a collision with a police vehicle, be, and the same
1 .- 1 1> ■ I'l-iiy approved.

Date of Accident: April 1, 1979

AYES: Commissioners Ciani, Murphy, Toler,
Siggins

NOT VOTING: Commissioner Sanchez

RESOLUTION NO. 445-79

RICHARD A. JACKSON, JR.

RESOLVED, that the recommendation of the
City Attorney For settlement nf hlie claim of Richard
A. Jackson, Jr., against Lhe Ullj and Cuunty of San
Francisco in the sum of $553-62 a: th of a
colli. '.ion with a police vehicle, he, and the same ts
hereby approved.

Date nV Ace id-id : Apri I 4, L979

AYES: Commissioners Ciani, Murphy, Toler,
Siggins

NOT VOTING: Commissioner Sanchez

i,i W|

RESOLUTION NO. 446-79

KENNETH E. SLOAN

RESOLVED, that the i ommendation of

the City Attorney for settlement of the claim or
Kenneth E. Sloan against the City and County of
San Francisco In the su r $500. uu as the re-
sult of a collision with a police vehicle, be,

and the same is hereby approved.

Date of Accident: September 26, 1978

AYES: Commissioners Ciani, Murphy, Toler,
Siggins

NOT VOTING: Commissioner Sanchez

RESOLUTION NO. 447-79
YOUSEFP I. KOULIBALY

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Youseff
I. Koulibaly against the City and County of San
Francisco in the sum of $460.50 as the result of
damages sustained, be, and the same is hereby ap-
proved .

Dato of Incident: March 18, 1976

AYES: Commissioners Ciani, Murphy, Toler,

Siggins

NOT VOTING: Commissioner Sanchez

RESOLUTION NO. 448-79

CALIFORNIA STATE AUTOMOBILE ASSOCIATION
(INSURED: EFFIE M. THOMAS)

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of the
California State Automobile Association (Insured:
Effie M. Thomas) against the City and County of
San Francisco In the sum of $26i .27 as the result
of a collision with a police vehicle, be, and the
same is hereby approved.

Date of Accident: October 1, 1978

AYES: Commissioners Ciani, Murphy, Toler,

Siggins

NOT VOTING: Commissioner Sanchez

- fjO'i

RESOLUTION NO. Vl'i-yi

CALIFORNIA STATE AUTOMOBILE ASSOCIATION
(INSURED: ZERBIB, 0 ATI, ft .TUT, T 0 )

RESOLVED, that the recommendation or the
City Attorney for settlement of the claim of the
California State Automobile Association (Insured:

Zerbib, Gail & Julio) against the City and County
of San Francisco in the sum of $214.03 as the re-
sult of damages sustained, be, and the same is
hereby approved.

Date of Incident: May 17, 1979

AYES: Commissioners Ciani, Murphy, Toler,
Siggins

NOT VOTING: Commissioner Sanchez

RESOLUTION NO. 450-79

JOHNNIE M. NORRIS

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Johnnie
M. Nni't'l:: against the City and County of San Francisco
In the sum of $186. 3U as the result of a collision with
a police vehicle, be, and the same Ls hereby approved.

Date of Accident: February 16, L 979

AYES: Commissioners Ciani, Murphy, Toler,
Siggins

NOT VOTING: Commissioner Sanchez

RESOLUTION NO. 451-79

PETEH M. SILVER

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Peter
M. Silver against the City and County of San Fran-
cisco in the sum of $36.25 as the result of a faulty
tow, he, and the same is hereby approved.

Date of Incident: May '), 197 9

AYES: Commissioners Ciani, Murphy, Toler,
Siggins

NOT VOTING: Commissioner Sanchez

60() -

RESOLUTION NO. 452-79

WILLIAM S. BREALL

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of William S. Breall against the City and County
of San Francisco in the sum of $30.50 as the re-
sult of a faulty tow, be, and the same is hereby
approved .

Date of Incident: April 23, 1979

AYES:

NOT VOTING:

Commissioners Ciani, Murphy, Toler,
Siggins

Commissioner Sanchez

RESOLUTION NO. 453-79

TRAVELING EXPENSE VOUCHERS - APPROVED

RESOLVED, that the Traveling Expense
Vouchers submitted by the following-named members
of the Police Departmnet for expenses incurred in
attending the below-indicated program, be, and the
same are hereby approved:

Sergeant Ronald L. Jackson
Crimes Specific Task Force

Sergeant Carl Peters
Crimes Specific Task Force

Police Officer Robert Sudano
Crimes Specific Task Force

Police Officer Henry Kirk
Crimes Specific Task Force

Police Officer Michael McElligott
Crimes Specific Task Force

$2 47.00 (At the Ad-
each (vanced Special

(Weapons and Tac-
(tics Training
(Course at Santa
(Rosa, California,
(from June 18,1979
(to June 22, 1979,
(inclusive .

AYES: Commissioners Ciani, Murphy, Toler,
Siggins

NOT VOTING:

Commissioner Sanchi •/,

CHIEF'S REPORT TO THE POLICE COMMISSION

Chief Gain: "No report tonight Commissioners."

r.07

RECEIPT OP PROPOSED GENERAL ORDER REGARDING LONG
DISTANCE TELEPHONE USAGE. (COPIES SENT TO EMPLOY Eli
ORGANIZATIONS)

Commissioner Siggins: "Does anybody consider that
as a matter to Moot and Confer on?"

Chief Gain: "Well, not really, it's mainly a pro-
cedural thing. What we've done in regard to even-
that type order is to give it to the Employee Asso-
ciations, nevertheless, to see if they want to make
any comments, or whatever, on it."

Commissioner Siggins: "Well, the way we have couched
it, we asked them if they wanted to Meet and Confer
and I don't encourage that typo of thing unless they
come forward. Why don't wo just send 11. to them, In-
formational, on that type of an item?"

Chief Gain: "That applies to number 6 also, I think."

Commissioner Murphy: "Yon, well on this telephone
usage, what is the policy now, isn't this what you
usually have done over the years?"

Chief Gain: "Well, we are doing it but we are formal-
izing it. What we are doing wo are formalizing it in
written procedural form. We have not had a General
Order setting these tilings forth. So that's what it
does . "

Commissioner Murphy: "In other words, there is noth-
ing particularly new in this policy, it's just that
you are putting it in a different form, 1:'. that correct?"

Chief Gain: "Well, basically, yes. We are monitoring,
and have been monitoring telephone usage but we have not
had a department-wide directive, so this just puts it
in directive form."

Commissioner Ciani: "Can lom: distance calls be dialed
direct from the phones In the De\ irtment?"

Chie r Ga i n: "Yes, by d lull ng 'nine' . "

Commissioner Ciani: "They don'1 have to be put through

an operator?"

Chief Gain: "You dial nine and an operator - es on

and ask your number."

- 608

Commissioner Murphy: "Which operator? The tele-
phone company operator, or our operator here?"

Chief (Jain: "The telephone company operator. Our

telephone bill is $390,000 dollars a year."

Commissioner Murphy: "Po you think this will cut
down on it?"

Chief Gain: "I know it will. What we are doing
now is every month Planning and Research looks at
one particular organizational unit as far as tele-
phone usage, and that goes on every month where
they sample different units to find out whether un-
authorized calls are being made. We simply can't
look at every unit every month because of the volume.
So our goal here is to reduce that substantial tele-
phone cost . "

Commissioner Ciani: "I just wonder whether a WATS
Line might be less expensive than $390,000."

Chief Gain: "Well, we have ATSS I think it's called,
that we speak to in the Order, which is a different
telephone system, which is cheap, but you can't use
it for all calls . "

Commissioner Murphy: "Have you any idea where the
major portion of long distance calls are made?"

Chief Gain: "Probably made within California .but
they are him do nationwide."

Commissioner Sip;p;ins: "Okay, this i s informational
anyway . "

Chief Gain: "Yes, I would recommend that in regards
to items number H, 5, and 6, that we schedule them for
what? Two weeks hence?"

Commissioner Siggins : "20a and 20b, too?"
Chief Gai n: "Yes, a I I three of them. "

Commissioner Ciani: "Item //'> La the one that the
Public Defender has been Lnterested in, la he going
t.o appear at this meeting or has b n Informed

of biii.- prop< isa I v "

Chief Gain: "He is aware of it. ACLU also. They
know what we are doing. And when it comes up for
the public hearing they will be notified, if they
want to come they can cone."

- 60

Commissioner Ciani: "Haven't yon boon working di-
rectly wll.h the Public Defender's orfice?"

Chief Gain: "Oh yes, what this does is we put out
an Informational Bulletin as you may recall, and
this contains, in substance, what was in that
Informational Bulletin, some changes, so they are
aware of it and it will resolve that problem that
brought about the complaint from both ACLU and the
Public Defender. "

Commissioner Murphy: "I couldn't gather from this
General Order what 20a and 20b are. Are they re-
ferred to?"

Chief Gain: "That's the blocking the sidewalk and
blocking entrance ways to businesses and so on."

RECEIPT OF PROPOSED GENERAL ORDER' REGARDING LONG
DISTANCE TELEPHONE USAGE - CONTINUED FOR TWO (2)
WEEKS .

RECEIPT OF PROPOSED GENERAL ORDER REGARDING ENFORCE-
MENT OF MUNICIPAL POLICE CODE SECTIONS 20A AND 20B.-
CONTINUED FOR TWO (2) WEEKS.

RECEIPT OF PROPOSED GENERAL ORDER ON PRISONER PICKUP-
CONTINUED FOR TWO (2) WEEKS.

RESOLUTION NO. Hr">lJ-7'J

SERGEANT CHARLES C. GALE, SUPPORT SERVICES BUREAU
RECORDS.

WHEREAS, on Tuesday, January 23, 1979, Charles
R. Gain, Chief of Police, made and served charges againsl
Sergeant Charles C. Gale, reading as follows:

SPECIFICATION NO,

Failure to Preserve th< Peace, Prevent
Crime, Detect and Arresl Offenders and
Enforce All Criminal Laws. (Violation
of Section 2.03 of the Rules and Pro-
cedures of the San Francisco Police
Department . )

I . I ( ) -

SPECIFICATION NO. ?

Commission of a Violation of a Penal
Law of tin-' United States of America.
(Violation of Section 2.13 of the Rules
and !'i edures of the San Francisco

Police Department . )

SPECIFICATION NO. 3

Failure to Preserve the Peace, Prevent
Crime, Detect and Arrest Offenders and
Enforce All Criminal Laws. (Violation
of Section 2.03 of the Rules and Pro-
cedures of the San Francisco Police
Department . )

SPECIFICATION NO

Commission of a Violation of A Penal
Law of the United States of America.
(Violation of Section 2.13 of the Rules
and Procedures of the San Francisco
Police Department.)

SPECIFICATION NO. 5

Failure to Preserve the Peace, Prevent
Crime, Detect and Arrest Offenders and
Enforce All Criminal Laws. (Violation of
Section 2.03 or the Rules and Procedures
of the San Francisco Police Department.)

SPECIFICATION NO. 6

Commission of a Violation of Penal Laws
of the United States of America and the
State of California. (Violation of Sec-
tion 2.13 of the Rules and Procedures of
the San Francisco Police Department.)

WHEREAS, the Police Commission set Wednesday,
July 18, 1979, as the date for the hearing on charges
filed against Sergeant Charles C. Gale; and

WHEREAS, Ch lef of Pol 1 ce Ch.j r I '■;■■ l< . Ga I n
announced that the Police Department was in receipt
of the resignation of Sergeant Charles C. Gale from
the San Francisco Police Department; said resignation
effective June 21, 1979, which resignation was accept-
ed with the condition that the services of Sergeant
Charles C. Gale have been unsatisfactory and that i
does not resign in good standing; therefore be it

- fin -

RESOLVED, that the charges of violating
the Rules and Procedures of the San Francisco Police
Department filed against Sergeant Charles C. Gale, be,
and the same are hereby continued off calendar.

AYES: Commissi oners C1an1, Murphy, Tc
Siggins

NOT VOTING: Commissioner Sam

HEARING OF SERGEANT JOSEPH J. CUNEO, SUPPORT SERVICES
BUREAU - RECORDS

The hearing of Sergeant Joseph J. Cuneo, Support
Services Bureau-Records, was called, it having been set
for this date. Sergeant Joseph J. Cuneo was charged with
violating the Rules and Procedures, as follows:

SPECIFICATION NO. 1

Failure to Preserve the Peace, Prevent
Crime, Detect and Arrest Offenders and
Enforce All Criminal Laws. (Violation of
Section 2.03 of the Rules and Procedures
of the San Francisco Police Department.)

SPECIFICATION NO

Commission of ei Violation of a Penal Law
of the United State;', of America. (Violation

of Section 2,13 of the Rules and Procedures
of the San Francisco Police Department.)

SPECIFICATION NO. 3

SPECIFICATION NO

Commission of a Violation of a Penal
law of the United States of America.
(Vio l at Lon of Sed Lon 2.] ! of the Rules
and Procedures of the San Francisco

Police Department.)

- 612 -

SPECIFICATION NO. 5

Failure to Preserve the Peace,
Prevent Crime, Detect and Arrest
Offenders and Enforce All Criminal
Laws. (Violation of Section 2.03
of the Rules and Procedures of the
San Francisco Police Department.)

SPECIFICATION NO. 6

Commission of a Violation of Penal
Laws of the United States of America
and the State of California. (Viola-
tion of Section 2.13 of the Rules and
Procedures of the San Francisco Police
Department . )

in a properly verified complaint by Charles R. Gain,
Chief of Police of the San Francisco Police Department.

Sergeant Joseph J. Cuneo appeared in person
and was represented by Mr. Stephen Bruce Mley, Attorney
at Law .

Mr. Robert Byrne, Attorney at Law, appeared
as the Prosecutor for the Police Department.

The reading of the Charges was waived

Sergeant Joseph J. Cuneo entered, through
his attorney, a plea of "guilty" to all charges.

An opening statement was made by Mr. Hobert

Byrne, Prosecuting Attorney.

The following-named witness was called by
the Prosecution, sworn and testified:

Sergeant Jerry D. Belfield
Intelligence Unit

The Commission took the matter under sub-
mission, and then recessed from 1023 hours to 1932
hours, after which the following reso] ut ion was adopted:

RESOLUTION NO. 455-79

DECISION - HEARING OF SERGEANT JOSEPH J. CUNEO,

- 613 -

SUPPORT SEKV i.ck;; bureau - RECORDS

WHEREAS, on January 23, 1979, Charles
R. Gain, Chief of Police, made and served charges
against Sergeant Joseph J. Cuneo, Support Services
Bureau-Records, as follows:

SPECIFICATION NO. 1

a) At all times mentioned herein the
accused was, and now i s , a police
officer employed by the City and
County of San Francisco.

b) Between July 1, 1972 and August 31,
1973 the accused was assigned to
Central Station.

c) During siad time period the accused
did receive and accept monies and
other tilings of value from other members
of the San Francisco Police Department
as a consideration for not informing
on members of the San Francisco Police
Department who were violating the law of
the- United States of America, to wit,
Title 18, United States Code, Section
19'. 1.

d) As a result of said conduct of the

accused he was charged by the United
States Attorney with a violation of
Title 18, United States Code, Section
873, which provides:

"Whoever, under a threat of Informing,
or as a consideration for not informing,
against any violation of any law of the
United States, demands or receives any
money or other valuable thing, shall be
fined not more than $2,000.00 or impri-
soned not more than one year or both."

e) On December 15, 1 ''78, in the United

States District Court for the Northern
District of California, the accused entered
a plea of guilty of said violation of
Tit, 1- 1 8, "n Lted 31 ates Code, Sec1 ion
873-

f ) Said acts of the accused vlolal ! c-
tion 2.03 of the Rules and Procedures
of the San Francisco Police Department,
which states:

- u\l\ -

" . - .-.hall at al] times while on
dutt. | reserve the peace, prevent crime,
detect and arrest offenders and enforce
all criminal laws, penal ordinances and
all laws and ordinances regulating vehi-
cular and pedestrian traffic and travel
upon public highway-. While off duty, a
member shall take all reasonable steps
• ■< ina i stent with Rule 7.1 ■' to i reserve
the peace, prevent crime, detect and
arrest offenders and enforce all crim-
inal laws, penal ordinances and all
laws and ordinances regulating vehi-
cular and pedestrian traffic and travel
upon public highways. "

SPECIFICATION NO

a) Each and every allegation in paragraphs
(a) - (e) of Specification No. 1 is re-
ferred to and incorporated herein by
such reference as if each such allega-
tion was fully stated.

b) Said acts of the accused are a breach

of the peace, are neglect of duty, tended
to subvert the good order, efficiency and
discipline of the department, reflected
discredit on the department and the ac-
cused, and was prejudical to the effi-
ciency and discipline of the department,
though such offenses are not specifically
defined or laid down in these Rules and
Procedures shai considered unofficor-
like conduct tri and punishable by
the Board."

"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 stat /hich I ibvert

the good order, efficiency or discipline
of the department or which refled i lis-
credit upon the department or any member
thereof or that rejudicial to the effi-
ciency and disc"': of the department,
though such off' are nol "flcally
defined or laid down in these s and
Proce shall be con d unoffioer-
] i ke conduct triable and pun]
th ard."

SPECIFICATION NO. 3

Each and every allegation of paragraphs
(a) - (b) of Spec! Heal I m No. 1 '
referred to and i nci >rp< ' n by

such reference as if each such allega-
tion was fully . ! .

- 6 I

b) During said time period the accused
«•■ msp i rod with 1,1. . Eugene II . De]
Carlo, Sergeant Charles C. Gale,
Officer Albert J. O'Keefe, Officer
James T. Evans, Officer Will lam T.
Wasley and Officer Arthur L. Posner
to receive and accept monies and other
things of value from other members of
the San Francisco Toilet} Department
as a consideration for not informing
on members of the San Francisco Police
Department who were violating a federal
law, Title 18, United States Code
Section 1951.

c) Said conspiracy is a violation of
penal law of the United States of
America .

d) Said acts of the accused violated Sec-
tion 2.03 of the Rules and Procedures
of the San Francisco Police Department
which states:

"2.03 - Shall at all times while on
duty preserve the peace, prevent crime,
detect and arrest offenders and enforce
all criminal laws, penal ordinances and
all laws and ordinances regulating vehi-
cular and pedesl rian traffic and trave]
upon public highways. While off duty, a
member shall take all reasonable steps
consistent with Rule 7.12 to preserve
the peace, prevent, crime, detect and
arrest offender';; and enforce a LI criminal
laws, penal ordinances and all laws and
ordinances regulating vehicular and ped-
estrian traffic and travel upon public
hi ghways . "

SPECIFICATION NO

a) Each and every allegation of paragraphs

(a) - (c) of Specification No. 3 is re-
ferred to and incorporated herein by such
reference as if each such allegation w
fully stated.

b) Said acts of the accused are a breach

of the peace, are neglect of duty, tended
to subvert the good order, efficiency and
d i scj pi i ne of the depa rt merit , re I'l ected
discredit on the department and the accused,
a nd was prej udicla] to the e rt'i c I - ncy and
d i sc I p Line o V the depa rtment ; there F< ire
the accused violated Section 2.13 of the
Rules and Procedures of the San Francisco
Poli co Department which states:

- 616 -

"2 .13 - Any breach of the peace, negled

of duty, misconduct or any conduct on the
part of any member either within or with-
out 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 mem-
ber thereof or thai i s prej ml I c lal
to the efficiency and discipline of
the department, though such offense's
are not specifically defined or laid
down in these Rules and Procedures shall
be considered unof f icerlike conduct tri-
able and punishable by the Board."

SPECIFICATION NO

a) Each and every allegation of paragraphs
(a) - (b) of Specification No. 1, is re-
ferred to and incorporated herein by
such reference as if each .-.11011 allegation
was fully stated.

b) During said time period the accused ex-
torted sums of money, and conspired with
others to extort sums of money, from
businessmen located in the City and
County of San Francisco under color of
official right and by means of ("oar
1 1 igi ndered that the accused and other
members of the San Francisco Police De-
partment would engage in acts or refrain
from engaging in acts which would result
In economic loss to said businessmen.

c) Said conduct is a violation of penal

laws of the State of California and of
the United States of America.

Said acts of the accused violated Sec-
tion 2.03 of the Rules and Procedures
of the San Francisco Police Department
which states:

- (.17

all criminal laws, pena] ordinances
■ ii h i ■ i i I Lawn and ordinance a regu 1 n\ Ing
vehicular and pedestrian traffic and
trave] upon public highways."

SPECIFICATION No

a) Each and every allegation of para-
graphs (a) - (c) of Specification'
No. 5 is referred to and incorporated
herein by such references as if each
such allegation was fully stated.

b) Said acts of the accused are a breach

of the peace, are neglect of duty, tended
to subvert the good order, efficiency
and discipline of the department, reflected
discredit on the department and the accused,
and was prejudicial to the efficiency and
discipline of the department; therefore
the accused violated Section 2.13 of the
Rules and Procedures of the San Francisco
Police Department which states:

"2.13 - Any breach of the peace, neglect
of duty, misconduct or any conduct on
the part of any rrember either 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 prejudicial to the ef-
ficiency and discipline of the department,
though such oi'l'i'iii'.o:; are nol sped, f Lcally
defined or laid down in these Rules and
Procedures shall be considered unofficer-
like conduct 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 \'r-n><- i .- <•■
on Wednesday, July 18, 1979, and that on Wednesday,
July 18, 1979, the matter was submitted to the Police
C ommi s s i o n for d e c i s i on ; a n d

WHEREAS, the Police Commission rind.', thai I
said charges made and filed against Sergeanl Joseph J.

Cuneo, Support Services Bureau-Records, as contained in
Specificaiton No. 1, violation of Section 2.03, Specifi-
cation No. 2, violation of Section 2*13, Specification

No. 3, violation of Section 2.03, Specification No. 4,
violation of Section 2.13, Specification ho. ',, viola-
tion of Section 2.03, Specification No. 6, violation of
Section 2.13, are sustained by the evidence presented
at the hearing, and that Sergeant Joseph J. Cuneo violated

- MS -

the above-stated sections of the Rules and Pro-
cedures of the ."..■in Francisco Police Department;
i hi ire fore be It

RESOLVED, that it Is the order of the
Police Commission that Sergeant Joseph J. ('mice,
has violated Specification No. 1, Section 2.03, '

S] Lfication Wo. ?, Section 2.]3, Specification

No. 3, Section 2.03a Specification No. 'I, Section
2.13, Specification No. r>, Section 2.03, and
Specification No. 6, Section 2.13 of the Rules
and Procedures of the San Francisco Police De-
partment; and be it further

RESOLVED, that it is the order of the
Police Commission that for said violations, Ser-
geant Joseph J. Cuneo, be suspended for ninety (90)
calendar days without pay, commencing Thursday, July
19, 1979 at 0001 hours, and terminating Tuesday Octo-
ber 16, 1979 at 2400 hours.

Recess taken during the
hearing of Sergeant Joseph
J. Cuneo:

1923 hours to 1932 hours.

(The entire proceedings were taken in

shorthand form by Hearing Reporter
Dor sey A . McTaggart, C .:' .R. )

AYES: Commissioners Murphy, Toler, Siggins
NAYS: Commissioner Ciani

NOT VOTING: Commissioner Sanchez

HEARING OF POLICE OFFICER ALBERT J. O'KEEFE -
SUPPORT SERVICES BUREAU - COMMUNICATIONS

The hearing of Police Officer Albert J.
O'Keefe, Support Services Bureau-Communications,
was called, it having been set for this date. Police
Officer Albert J. O'Keefe was charged with violating
the Rules and Procedures as follows:

SPECIFICATION NO

Failure to Preserve the Peace, Prevent
Crime, Detect and Arrest Offenders and
Enforce all Criminal Laws. (Violation
of Section 2.03 of the Rules and Pro-
cedures of the San Francisco Police De-
partment . )

6 L9

SPECIFICATION NO,

Commission of a Violation of a Penal
Law of the United States of America.
(Violation of Section 2.13 of the Rules
and Procedures of the San Francisco
Police Department.)

SPECIFICATION NO. 3

SPECIFICATION NO,

Commission of a Violation of a Penal
Law of the United States of America.
(Violation of Section 2.13 of the Rules
and Procedures of the San Francisco
Police Department.)

SPECIFICATION NO. 5

Failure to Preserve the Peace, Prevent
Crime, Detect and Arrest Offenders and
Enforce All Criminal [jaws. (Violation
of Section 2.03 of the Rules and Pro-
cedures of the San Francisco Police
Department . )

SPECIFICATION NO. 6

Commission of a Violation of Penal
Laws of the United States of America
and the State of California. (Vio-
lation of Section 2.13 of the Rules
and Procedures of the San Francisco
Police Department.)

in a properly verified complaint by Charles R. Gain,
Chief of Police of the San Francisco Police Department

Police Officer Albert • ' . O'Keefe appeared
in person and was represented by Mr. Stephen Bruce

Bley, Attorney at Law.

Mr. Robert Byrne, Attorney at Law, appeared
as the Prosecutor for the Police Department.

- 620 -

The reading of the Charges was waived,

Police Officer Albert J. O'Keefe entered,
through his attorney, a plea of "guilty" to all
charges .

An opening statement was made by Mr. Robert
Byrne, Prosecuting Attorney.

The following-named witness was called
by the Prosecution, sworn and testified:

Sergeant Jerry D. Belfield
Intelligence Unit

The Commission took the matter under sub-
mission, and then recessed from 1923 hours to 1932
hours, after which the following resolution was adopted:

RESOLUTION NO. 456-79

DECISION - HEARING OP POLICE OFFICER ALBERT J. O'KEEFE,
SUPPORT SERVICES BUREAU - COMMUNICATIONS

WHEREAS, on January 23, 1979, Charles R.
Gain, Chief of Police, made and served charges against

Police Officer Albert J. O'Keefe, Support Services
Bureaus-Communications , as fol Lows:

SPECIFICATION NO

a) At all times mentioned herein the
accused wan, and now Is, a police
o it i ce r emp ] oyed by the C I ty and
County of San Francisco.

b) Between July 1, 1972 and August 31,
1973j the accused was assigned to
Central Station.

c) During said time period the accused

did receive and accept monies and other
things of value from other members of
the San Francisco Police Department
who were violal Lni a Law of the United
States of Ami rJ sa, to wit, Title 18,
United States Code, Section 1951.

d) As a result of said conduct of the

accused he was charged by the United
States Attorney with a violation of

- 62J -

MM t, Le L8, iini bed SI ates Code, Sec-
tion 8'/ 3 which provide;.:

"Whoever, under a threat of inform-
ing, or as a consideration for nol

informing, against any violation of
any law of the United States, demands

or receives any money or other valu-
able thing, shall he fined not more
than $2,000.00 or imprisoned not more
than one year or both."

e) On December 15, 1978, in the United

States District Court for the Northern
District of California, the accused
entered a plea of guilty of said vio-
lation of Title 18, United States Code,
Section 873-

f) Said acts of the accused violated
Section 2.03 of the Rules and Pro-
cedures of the San Francisco Police
Department which states:

"2.03 - Shall at all times while on
duty preserve the peace, prevent crime,
detect and arrest offenders and enforce
all criminal laws, penal ordinances
and all laws and ordinances regulating
vehicular and pedestrian traffic and
travel upon public highways. While off
duty, a member shall take -ill reasonable
a t; o p ij Boui I f 1 1 1» n 1 with 1 ; 1 1 1 1 • 7,1 ' < 1 ■ 1 ■ • ■
serve the peace, prevent crime, detect
and arrest offenders and enforce all
criminal laws, penal ordinances and all
l;iws and ordinances regulating vehicular
and pedest vi an t ra ff i c and trave 1 up< in
public li i ghways . "

SPECIFICATION NO. 2

a) Each and every allegation in paragraphs
(a) _ (e) of Specification No. 1 Is re-
ferred to and incorporated herein by
such reference as if each such allegation
was fully stated.

Sa i d acts of tin -accused m 1 breach of
the pi ace , a re nei 1 d of duty , I
to subvert the ;i od order, efficiency
and d i sc Ipline of the deparl ment , n n
discredit on the department and the accu.
and was prejudicial to the efficiency a
discipline of the deparl at; therefore
the accused violated Section 2.13 of the

Ru] es and Pr< >ci >dun is of the San
(''ran.' Lsco Police Di 'pa rtment which

states :

"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 nub-
vert the good order, efficiency or dis-
cipline of the department or which' re-
flects discredit upon the department
or any member thereof or that is pre-
judicial to the efficiency and disci-
pline of the department, though such
offenses are not specifically defined
or laid down in these Rules and Pro-
cedures shall be considered unofficer-
like conduct triable and punishable by
the Board."

SPECIFICATION NO.

a) Each and every allegation of paragraphs
(a) - (b) of Specification No. 1 is
referred to and incorporated herein by
such reference as if each such allegation
was fully stated.

b) During said time period the accused

conspired with Lt,„ Eugene H. Pol Carlo,
Sergeant Joseph J. Cuheo, Sergeant
Charles C. Gale, Officer James T. Evans,
Officer William T. Wasley, and Officer
Arthur L. Posner, to receive and accept
monies and other things of value from
other members of the San Francisco Police
Department as a consideration for not in-
forming on members of the San Francisco
Police Department who wore violating a
federal law, Title 18, United States Code,
Section 1951.

c) Said conspiracy is a violation of a
penal law of the United States of
America .

d) Said acts of the accused violated Sec-
tion 2.03 of the Rules and Procedures
of the San Francisco Police Department
which states:

"2.03 - Shall at all times while on
duty preserve the peace, prevent crime,
detect and arrest offenders and enforce
all criminal laws, penal ordinances and
all laws and ordinance;', regulating vehi-
cular and pedestrian traffic and travel
upon public highways. While off duty, a

- 623 -

member shal] take al] reasonable
steps 01 ms I Btent w i th Ru Le '( . ] 2
to preserve the peace, prevent crime,
detect and arrest offenders and en-
force all criminal laws, penal ordi-
nances and all laws and ordinances
regulating vehicular' and pedestrian
traffic and travel upon public high-
ways . "

SPECIFICATION NO. 4

a) Each and every allegation of para-
graphs (a) - (c) of Specification No.
3 is referred to and incorporated herein
by such reference as if each such allega-
tion was fully stated.

b) Said acts of the accused are a breach
of the peace, are neglect of duty,
tended to subvert the good order,
efficiency and discipline of the de-
partment, reflected discredit on the
department and the accused, and war,
prejudicial to the efficiency and dis-
cipline of the department; therefore
the accused violated Section 2.13 of
the Rules and Procedures of the San
Francisco Police Department which states

"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 dlsciplim
of the depertment, though such offenses
are not specifically defined or laid down
in these Rules and Procedures shall be
considered unof f icerlike conduct triable
and punishable by the Board."

a) Each and every allegation of paragraphs
(a) - (b) of Specification No. ] I.: re-
ferred to and incorporated herein by such
reference as if each such allegation v
ru i !,/ stal ed .

b) During said time period the accused ex-
torted sums o£ money, and conspired with
others to extort sums of money, from bus-
inessmen located in the City and County

- b.1'! -

of San Francisco under color of
officii 8 i ri ght .'111(1 by means 1 1 r
fear engendered that the accused

and other members of the San Fran-
cisco Police Department would en-
gage in acts or refrain from en-
gaging in acts which would result In
economic loss to said businessmen.

c) Said conduct is a violation of
penal laws of the State of Cal-
ifornia and of the United States
of America.

d) Said acts of the accused violated
Section 2.03 of the Rules and Pro-
cedures of the San Francisco Police
Department which states:

"2.03 - Shall at all times while on
duty, preserve the peace, prevent crime,
detect and arrest offenders and enforce
all criminal laws, penal ordinances
and all laws and ordinances regulating
vehicular and pedestrian traffic and
travel upon public highways. While
off duty, a members shall take all rea-
sonable steps consistent with Rule
7.12 to preserve the peace, prevent
crime, detect and arrest offenders
and enforce all criminal laws, penal
ordinances and all laws and ordinances
regulating vehicular and pedestrian
traffic and travel upon public highways.'

SPECIFICATION NO. 6

a) Each and every allegal Lon of paragraphs

(a) - (c) of Specification No. '., is
referred to an incorporated herein by
such reference as if each such allegation
was fully stated.

b) Said acts of the accused are a breach
of the peace, are negled ■ F lu
tended to subver I order, effi-
ciency and disci i Lim V the department,
reflected discredit upon thi department
and the accused, and was prejudicial to
the efficiency and discipline of the
department; ther< Pi re the accused vio-
lated Section 2.13 of the Rules and
Procedures of the San Francisco Police
Department which state; :

"2.1 3 - Any breach of the peaci , negli
of duty, miscondud or any conduct on

- 625 -

the pari of any member either
within or withoul the state which
tends to subvert the good order, ef-
ficiency or discipline of the department
or which reflects discredit upon the
department or any member thereof or
that is prejudicial to the efficiency
and discipline of the department, though
such offenses are not specifically de-
fined or laid down in these Rules and
Procedures shall be considered unofflcer-
like conduct 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, July 18, 1979, and that on Wednesday,
July 18, 1979, the matter was submitted to the Police
C omrn 1 s s 1 on for d e c 1 s inn; and

WHEREAS, the Police Commission finds that
the said charges made and filed against Police Officer
Albert J. O'Keefe, Support Services Bureau-Communications,
as contained in Specification No. 1, violation of
Section 2.03, Specification No. 2, violation of Section
2.13, Specification No. 3, violation of Section 2.03,
Specification No. 4 , violation of Section P. 11, Speci-
fication No. 3, violation of Section 2.03, Specification
No. 6, violation of Section 2.13, are sustained by the
evidence presented at the hearing, ami that Police Officer
Albert J. O'Keefe violated the uhove-stated sections 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 Albert .1. O'Keefe has
violated Specification No. 1, Section 2.03, Specifica-
tion No. 2, Section 2.13, Specification No. 3, Section
2.03, Specification No. 4, Section 2.13, Specification
No. 5, Section 2.03, and Specification No. 6, Section
2.13 of the Rules and Procedures of the San Francisco
Police Department; and be it further

RESOLVED, that it is the order of the Police
Commission that for said violations, Police Officer
Albert J. O'Keefe be suspended for ninety (90) calendar
days without pay, commencing I day, July 19, 1970
at 0001 hours, and terminating "uesday, October 16,
1979, at 2400 hour:- .

Recess taken during the
hearing of Police Officer

Albert J. O'Keefe:

1923 hours to 1932 hours.

- 6P6 -

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

AYES: Commissioners Murphy, Toler, Sigglna
NAYS: Commiss Loner Ciani

ABSENT: Commissioner Sanchez

The Commission then adjourned its meeting
at 19^1 hours in memory of Firefighter Zeno
Contreras who died in the line of duty.

- 6?7 -

■ ' 1 JULY 1.979 .",1'Ki'i A I . MEETING

The"Police Commission of the City and
County of^San Francisco met in their chambers,
Room 551, Hall of Justice, 8r>n Bryant Street, on
Monday, July 23, 1979 at 1730 hours in Specia]

Session .

PRESENT: Commissioners Cianl, Sanchez, Toler,

Siggins

ABSENT: Commissioner Murphy OCT 1 9 1979

DOCUMENTS DEPT.

Commissioner Siggins presiding. s.f, puslic l :

CONTINUATION OF THE HEARING OF POLICE OFFICER
KATJ 1 ER T NTE ANDERSON, PARK PO I JC E S T A r1 'in N

The matter of the hearing of Police Officer
Katherine Anderson, Park Police Station, was called,
it having been continued from the meeting of June 27,
1979.

Police Officer Katherine Anderson appeared

in person and was represented by Ms. Alice Beasley,
Attorney at Law.

Mr. Robert Byrne, Attorney at Law, appeared
as the Prosecutor for the Police Departmenl .

The following-named witnesses were called
by the I iefi inse , sw< irn and ti :s1 I [*ii d :

Patrol Special Officer Ralph Lacey
Central Police Station

Lieutenant Gerald Doam

San Rafael Police Departmenl

Angela Blubber Blackwi 11, Attorne;
Public Advocates

Police Off i '■- :r Ka Uierim Anderson r 'ca Lied
Park Polici Station

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

- 628 -

Sergeant James Hall (Rebuttal)
Northern Police Station

Sergeant Clarence Williams (Rebuttal)
Internal Affairs Bureau

Mr. Robin Carter
Richmond, Cal i forn i a

Police Officer James Hunt
Park Police Station

The following Exhibits were entered into Evidence
by the Prosecution:

Exhibit No . 5 - Back brace - property of

Sergeant Clarence Williams,
Internal Affairs Bureau.

Exhibit No. 6 - Letter from L.S. Kimbrough,

M.D., dated June 29, 1979,
re: Clarence Williams.

Exhibit No. 7 - Declaration of Lieutenant

Michael Lennon, pertaining
to watch reports of January
1, 1979 and January 2, 1979,
relative to attendance of
Sergeant Clarence Williams.

The following Exhibits were entered into
Evidence by the Defense:

Exhibit C - Two 8-1/2" x 11" zeroxed sheets
entitled Command Post Log, list-
ing chronological times from
2200 hours to 0230 hours. Each
time indicating certain occurrences
at various locations in the Central
Police District.

Exhibit D - San Francisco Police Department
Operation Center Log, containing
times and locations of incidents,
and names of officers involved in
same.

Exhibit E - Intra-departmental memo, addressed
i 1 1 Jeremd -mi P. 'i ay Lor, i leputy
Chief of Police, Field operations,
from Captain Gerald P'Arcy, Central
Police Station, re: "Failure of
officers detailed to this company
to report on detail."

- 629 -

Exhibit. F -

Two sheets 8- L/2" x 1 1 " , HadJ o

Use Log, dated Sunday, December
31, 1978.

Exhibit G - Photostatic copies of two can-
celled checks; No. 6740 dated
January 2, V17R, payable to Rich-
mond Motor Parts in the amount of
$15.69, signed by Clarence Williams;
No. 6741, dated January 2, 1978,
payable to "Atlas" in the amount
of $10.00 signed by Jacqueline
Williams .

Exhibit H - Fixed Post Assignments, New

Year's Eve, December 31, 1978,
from Captain Cornelius P. Murphy

The Commission took the matter under sub-
mission, and then recessed from 2147 hours to 2200 hours,
after which the following resolution was adopted:

RESOLUTION NO. 485-79

DECISION - HEARING OF POLICE OFFICER KATHERINE
ANDERSON, PARK POLICE STATION

Gain,

WHEREAS, on February 17, 1979, Charles R.
Chief of Police, made and served charges against

Police Officer Katherine Anderson, as follows

SPECIFICATION NO. 1

a) At all times mentioned herein the
accused was, and now is a police
officer employed by the City and
County of San Francisco.

b) On December 31, 1978, the accused

was ordered by her superior officer
to report to Centra] Station at "000
hours ;

c) The accused failed to report as or-
dered, but instead arrived late;

d) At approximately 2030 hours on Decem-
ber 31, 1''78, the accused was lawfully
ordered by a superior officer, Sergeant
James Hall, Star No. 892, to direct
traffic at fixed post 3, the intersec-
tion of Vallejo and Columbus Streets,
in the City and County of San Francisco,
between the hours of 2230 on December

- 630

31, i < i y R and 0130 hours on January
i, 1979;

e) The accused disobeyed said order in
that she was not present at her said
assignment for much or all of the
period between 2230 hours on Decem-
ber 31 , 1978, and 0] 30 hours on Jan-
uary 1,1979;

f) Therefore, the accused violated Sec-
tion 2.45 of the Rules and Procedures
of the San Francisco Police Department,
which states in pertinent part:

"(A member) shall strictly obey and
promptly execute the lawful orders of
his superior officers. In case of
conflict of orders from superior
officers, he shall respectfully call
the attention of the superior officer
giving the last order to such con-
flict, should the latter not change
his order it shall be obeyed and the
member shall not be held responsible for
disobedience of any former order in obey-
ing said last order."

SPECIFICATION NO

Each and every allegation in paragraphs
(a) - (c) of Specification No. 1 is
referred to and Incorporated herein by
such reference as if each such allega-
tion was fully stated;

b) Therefore, the accused violated Sec-
tion 9.29 of the Rules and Procedures
of the San Francisco Police Department
which states:

"(A member) shall not leave his beat,
detail or assignment, EXCEPT in per-
formance of police duty, ordi rs or per-
mission of a superior, or absolute per-
sonal necessity."

SPECIFICATION NO

a) Each and every a 1 1 ej/at i on in para-
graphs (a) - (e ) of 3pec L f ication No
1, is referred to and incorporated
herein by such reference as if each
such allegation was Fully stated;

- 631 -

b) Said conduct of the accused con- i
stituted neglect of duty :u\<i mis-
conduct, and tended to subvert the
good order, efficiency and discipline
of the department, and therefore the
accused violated Section 2.13 of the
Rules and Procedures of the San Fran-
cisco Police Department which states:

"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 sub-
vert the good order, efficiency or
discipline of the department or which
reflects discredit upon the department
or any member thereof or that Is pre-
judicial to the efficiency and disci-
pline of the department, though such
offenses are not specifically defined
or laid down in these Rules and Pro-
cedures shall be considered unofficer-
like conduct triable and punishable by
the Board."

SPECIFICATION NO. 4

a) Each and every allegation in paragraphs
(a) - (e) of Specification No. 1 is re-
ferred to nnd incorporated herein by
such reference as if each such allega-
tion was fully stated;

b) Subsequently, an investigator of the

Internal Affairs Bureau was assigned
by lawful authority to investigate the
aforesaid conduct of the accused;

c) In the course of said investigation, the
accused was interviewed by said investi-
gators; the accused stated:

That she arrived at the detail at 2225
hours, approximately five minutes prior
to Officer Edward 0' Toole's arrival;
that Sgt . Hail arrived a Tew minutes,
after officer O'Toole arrived at that
intersection;

That i.wi i or Hi r*< ' other office rs JoIn< id
Sgt. Hall and Officer O'Toole for only
a short while; thai Sgt. Hal] and Offii
() 't<>, ,ie d1 red ed t ra it i c a l one;

That she directed traffic on the north-
east corner of Columbus and Vallejo;

- 632 -

That she saw Officers Alsobrook,
Lewd s and i >t her membe t*a of her
squad returning to Central Station
at the end of the detail; that they
walked west on Broadway, north on
Stockton to Vallejo Street;

That she never heard Communications

attempting to contact her on city-
wide one;

That she may have possibly seen a
priest in front of the church, but
that she could not describe or ident-
ify him;

That she had coffee at the
after midnight;

Caffe Roma

That the barricades were removed and
traffic was allowed to flow at approx-
imately 0200 hours;

That she did not know where the command
post was located while on her detail;

That she did not toll Sgt . Hall that
she had a civilian coat over her uni-
form because she was afraid of the
crowd; and

That she Lef1 the detai] without check-
ing off because a plainclothes officer
had told her that she could leave when
the automobile traffic was allowed to

return to normal flow.

d) Each and every such statement was un-
true ;

e) Each untruthful statement constituted

a violation of Section 2.49 of the Rules
and Procedures of the San Francisco
Police Department, whi ch states:

"(A member) 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 pro-
pounded. All reports, statements and
declarations made orally, or in writing

- 633 -

in the foregoing matters shall
contain the truth wi thoul evasion . M

and

WHEREAS, a hearing on said charges was had
before the Police Commission pursuant to Section 8 . 3^4 "3
of the Charter of the City and County of San Francisco
on Wednesday, May 23, 1979, Wednesday, June 6, 1979,
Wednesday, June 20, 1979, Wednesday, June 27, 1979,
and Monday, July 23, 1979, and that on Monday, July 23,
1979, 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
Katherine Anderson, Park Police Station, as contained
in Specification No. 1, Section 2.45, Specification No.
2, Section 9.29, Specification No. 3, Section 2.13, and
Specification No. 4, Section 2.49, are not sustained by
the evidence presented at the hearing, and that Police
Officer Katherine Anderson has not violated 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 above-stated charges made and filed
against Police Officer Katherine Anderson are not sus-
tained; and be it further

RESOLVED, that it is the order of the Police
Commission that said charges made and filed against
Police Officer Katharine dniiei'r.Dii, I"', and t,ho same
lit.'j'i-'i>y dlsml saed .

Recesses taken during the hearing
of Police Officer Katherine Anderson:

1840 hours to 1850 hours
2017 hours to 2021 hours
2147 hours to 2200 hours

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

AYE.": Commissioners Cianl, Sanchez, Toler

NAY,".: Comml ss 1 < mor ."■ i r<-'\ u.

MOT VOT.TNC: Commissioner Murph

- 63^ -

The Commission then adjourned its
meeting at 2203 hours.

- I, ■',', -

"• JULY 1979 REGULAR MEETING

Th^TPolice Oommission of the Cjty and
County of^San Francisco met in their chambers,
Room 551, Hall of Justice, 850 Bryant Street, on
Wednesday, July 25, L979 at 1730 hours in regular

session.

PRESENT: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

OCT 2 3 1979

Commissioner Siggins presiding.

DOCUMENTS DHPT,
.RY

RECOMMENDATION OF THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendation 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:

580 BEACH STREET - HOWARD JOHNSON'S MOTOR LODGE

a) At 580 Beach 'Street, install a 68' white
zone, extending from 22* to 90* west of
east building line.

b) Remove meters #BCH 528, 526, 524.

1400 JUDAH - WAH NEI SCHOOL (CALVARY METHODIST CHURCH)

a) At 1400 Judah Street, install a 44' white
zone, extending from east property Lin*
44' west of same.

640 POLK STREET - AMBER APARTMENTS - DENIED

a) At 640 Polk Street, install a 22' white
zone, extending from 10' to 23' south
of north property line. DENIED.

1154-1158 HOWARD STREET - FIBREC INC

a) At 1154-1158 Howard Street, change existing
38' yellow zone 38' east of driveway to 38'
green zone 38' east of driveway.

... Mf, -

648 STANYAN STREET - SIMPLEX city SYSTEM

a) At 648 Stanyan Street, install a 22'

green zone, extending from west build-
ing line 22' east of same.

444 POTRERO .STREET - FIELD TRON WORKERS APPRENTIOE-

SHIP & TRA i NINO

a) At 444 Potrero Street, install a 34'

green zone, extending from 1' south of
north property line to 35' south of north
property line.

400 PARNASSUS - U.C. HOSPITAL

a) At 400 Parnassus Street, install a 22'
blue zone, extending from west end of
parking bay 22' east of same.

b) Remove meter 382.

400 PARNASSUS STREET - U.C. HOSPITAL

a) At 400 Parnassus Street, install a 22'
blue zone, extending from 28' to SO'
east of west end of parking bay.

b) .Remove meter 380.

400 PARNASSUS STREET - U. C. HOSPITAL

a) At 400 Parnassus Street, install a 22'

white zone, extending from 50' to 72' east
of west end of parking bay.

b) Remove existing 37' of white zone
400 PARNASSUS STREET - U.C. HOSPITAL

a) At 400 Parnassus Street, revoke existing
22' blue zone, extending from 20' to 42'
east of Meter PRN //38O.

2 330 TURK STREET - SISTERS OF THE PRESENTATION

a) At 2330 Turk Street, revoke existing 15'
red zone, extending from 3Sr to 111' west
of Masonic Avenue.

- 637 -

.?_31Q.--TJJ.FJff STREET - SISTERS OF THE PRESENTATION

a) At 2330 Turk Street, revoke existing 21 '
yellow zone, extending from 75' to 96'
west of Masonic Avenue.

2050 DIVISADERO STREET - S.F.P.D,

a) At 2050 Divisadero Street, revoke existing
24' yellow zone, extending from 24' north
of the south line of the building.

251-l8th AVENUE - SUTRO ANNEX SCHOOL

a) At 251-l8th Avenue, revoke existing 100'
white zone, extending from 17' to 117'
south of north property line.

2229 UNION STREET - UNION STREET INN - DENIED

a) At 2229 Union Street, install a 22' white
zone, extending from 17' to 39' east of
west property line. DENIED.

b) At 2229 Union Street, revoke existing 25'
Special Truck Loading Zone, extending from
17' to 39' east of west property line. DENIED

c) Remove meter 2213. DENIED

124 ELLIS STREET - CHEZ LEON

a) At 124 Ellis Street, install a 22* white

zone, extending from 22' east of wont property
line .

b) Meter ELL 110 to be removed,

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

REVOKED

RESOLVED, that the recommendation of the
Traffic Bureau on the revocation of 257 feet of yellow,
white, blue and red zones, at the parts of the City, at
the locations submitted, be, and the same are hereby
approved.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

- 638 -

RESOLUTION NO. 457-79

JOHN HENRY CARLSON

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of John Henry Carlson against the City and County
of San Francisco in the sum of $25.00 as the re- .
suit of damages sustained, be, and the same Ls
hereby approved.

Date of Incident: January 1, 1979

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 458-79

ANDREA CROSS

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of Andrea Cross against the City and County
of San Francisco in the sum of $119-47 as the
result of a collision with a police vehicle,
be, and the same is hereby approved.

Date of Accident: April 30, 1979

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 459-79

DAVID J. PLACER

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of David J. Placek against the City and County
of San Francisco in the sum of $30.25 as the
result of a faulty tow, be, and the same is
hereby approved.

Date of Incident: April 1?, 1979

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

- 6

RESOLUTION NO. 460-79
CAROL N. SHAPIRO

RESOLVED, that the i ommendation of

the City Attorney for settlement of the claim
of Caro] N. Shapiro aga Lnst th« CI 1 y and County

of San Francisco in the sum of $29.50 as thi
result of a faulty tow, be, and the same is
hereby approved.

Date of Incident: April 21, 1979

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 461-79

JOSEPH TYSON

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of Joseph Tyson against the City and County of
San Francisco in the sum of $33.50 as the result
of a faulty tow, be, and the same is hereby approved

Date of Incident: December 7, 1978

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 462-79

THERESE ALICE LAMBRO AND
GRANGE INSURANCE ASSOCIATION

RESOLVED, that the recommendation of the
City Attorney for settlement of the i iim Thi reese
Alice Lambro and Grange Insurance Association against
the City and County of San Francisco In the sum of
$601.48 as the result of a collision with a police
vehicle, be, and the same is hereby approved.

Date of Accident: March 27, l07q

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

- 640 -

R ESOLj [T T ON NO. 46 3-79

MRS. LOUIE SING NUEY LEW

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of Mrs. Louie Sing Nuey Lew against the City
and County of San Francisco in the sum of $65.00
as the result of damages sustained, be, and the
same is hereby approved.

Date of Incident: April 13, 1979

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 464-79

AUTHORIZING ATTENDANCE OF SERGEANT BILL R. TAYLOR,
INTERNAL AFFAIRS BUREAU, AT THE POLYGRAPH TRAINING
SEMINAR AT SAN DIEGO, CALIFORNIA, FROM AUGUST 5, 1979
TO AUGUST 10, 1979, INCLUSIVE.

RESOLVED, that the recommendation of the
Chief of Police that Sergeant' Bill R. Taylor, Internal
Affairs Bureau, be detailed to attend the Polygraph
Training Seminar at San Diego, California, from
August 5, 1979 to August 10, 1979, inclusive, be,
and the same is hereby approved; and be it further

RESOLVED, that expenses Incurred by Ser-
geant Taylor in a sum not to exceed $380.00, will
be defrayed by the San Francisco Police Department's
Police Officers' Training Fund.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 465-79

AUTHORIZING ATTENDANCE OF ASSISTANT CRIMINALIST
BRUCE FUKAYAMA, SUPPORT SERVICE:: BUREAU - CRIME
LABORATORY, AT THE SOIL MICROSCOPY WORKSHOP AT
LOS ANGELES, CALIFORNIA, FROM JULY 30, 1979 TO
AUGUST 1, 1979, INCLUSIVE.

RESOLVED, that the recommendation of

- 6Ul -

the Chief of Police that Assistant Criminalist
Bruce Pukayama, Support Services Bureau-Crime

Laboratory, be detailed to attend the Soil Micro-
scopy Workshop at Los Angeles, California, from
July 30, 1979 to August 1, 1979, inclusive, be, and
the same is hereby approved; and be it further

RESOLVED, that expenses incurred by
Assistant Criminalist Bruce Fukuynma, in ?.i sum
not to exceed $303-00, will be defrayed by the
San Francisco Police Department's Police Officers'
Training Fund.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 466-79

AUTHORIZING ATTENDANCE OF ALL POLICE OFFICERS NAMED
ON THE CURRENT ELIGIBILITY LIST FOR SERGEANTS, AT
THE CITY COLLEGE OF SAN FRANCISCO, THE FIRST COURSE,
TO ACCOMMODATE TWENTY-FIVE OFFICERS IN ORDER OF RANK
ON THE ELIGIBILITY LIST, WILL BE CONDUCTED FROM
AUGUST 20, 1979 TO AUGUST 31, 1979, INCLUSIVE, SUB-
SEQUENT COURSES WILL BE SCHEDULED ONCE A MONTH FROM
DECEMBER, 1979 TO OCTOBER, 1980.

RESOLVED, that the recommendation of the
Chief of Police that all Police Officers named on
the current eligibility list for Sergeants, be de-
tailed to attend eleven supervisory courses at City
College of San Francisco. The first course, to accom-
modate twenty-five officers in order of rank on the
eligibility list, will be conducted from August 20,
1979 to August 31, 1979, inclusive. Subsequent courses
will be scheduled once a month from December 1979 to
October, 1980, be, and the same is hereby approved;
and be it further

RESOLVED, that expenses incurred by all
Police Officers named on the current eligibility list
for Sergeants, in a sum not to exceed $7,500.00 per
class, will be defrayed by the San Francisco Police
Department's Police Officers' Training Fund.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. ^67-70

AUTHORIZING ATTENDANCE OF LIEUTENANTS KEVIN CONROY,
PARK POLICE STATION, AND TIMOTHY THORSEN, CRIME PRE-
VENTION AND EDUCATION UNIT, AT THE MIDDLE MANAGEMENT

- 642 -

TRAINING COURSE AT COSTA MESA, CALIFORNIA, FROM
AUGUST 20, 1979 TO AUGUST 31, L979, INCLUSIV I S .

RESOLVED, that the recommendation of
the Chief of Police that Lieutenants Kevin Conroy,
Park Police Station, and Timothy Thorsen, Crime
Prevention and Education Unit, be detailed to
attend the Middle Management Training Course at
Costa Mesa, California, from August 20, 1979 to
August 31, 1979, inclusive, be, and the same is
hereby approved; and be it further

RESOLVED, that expenses incurred by
Lieutenants Conroy and Thorsen in a sum not to
exceed $636.00 each, will be defrayed by the San
Francisco Police Department's Police Officers'
Training Fund.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

The Commissioners, having received,
amended and returned copies of the minutes of
the meeting of May Ik t 1979, reading of the min-
utes was dispensed, with and the minutes were
approved.

AYES: Commissioners Ciani, Murphy, Sanchez.
Toler, Siggins

CHIEF'S REPORT TO THE POLICE COMMISSION

Chief Gain: "No report Mr. President."

Commissioner Siggins: "Isn't there something under
the Chief's "

Chief Gain: "I submitted a letter to you on the
Department's Training, a Status Report, just re-
flecting a lot of training during the last fiscal
year. "

Commissioner Ciani: "Is that a summary of the
volume on training which was delivered to us, this
training thing?"

Chief Gain: "Yes, and there was a letter too."

- 64 :

Comm.1. ssioner Murphy: "Do yen use that for any
other purpose like LEAA or POST. Ci it used for

organizing or just a report back?"

Chief Gain: "It's just a report
mission will know and whoever ell
ested in this type of thing."

so that the Com-
e may be Lnter-

Commissioner Murphy: "Well, maybe I should ask
this, will it be useful in getting further funding?"

Chief Gain: "Well, POST receives this information
in another form of a report."

Commissioner Ciani: "This brings to mind the Board
of Supervisors inquiry. Did we ever get a report of
what happened at the Board?"

Commissioner Murphy: "Yes, the Committee moved to
have it sent to the full Board two weeks hence with
the recommendation that the Police Commission was
doing a good job. Thanks to the letter that was
prepared by the Department, I was able to testify
in glowing terms."

Commissioner Cianir "Well,
our own personnel files? I
thing to show. "

will we get a
would like to

letter for
have some-

Chief Gain: "If I may, I was there observing Commis-
sioner and she did an excellent job. I was impressed
that with all the preparation staff did and the prepara-
tion Commissioner Murphy did, and particularly because
we had received a request for further information and
whatever, that it was a relatively perfunctorily type
of hearing, very short, one meml
walked out "

>r <>f the Commj ttei

Commissioner Murphy: "And another one came in late,
he was the one that made the motion that we were doing
a fine job. I would be very interested in hearing of
what some of the other Commission reports are."

RECEIPT OF PROPOSED GENERAL ORDER REGARDING CHANGE
OP DISTRICT STATION BOUNDARIES, CENTRAL/NORTHERN.
(COPIES SENT TO EMPLOYEE ORGANIZATIONS.)

Commissioner Siggins: "I suppose we would like to
have the Department's view on that... I mean the Em-
ployee Organizations view on it so if they have any
questions on it we can schedule it for later, but
note that we sent out a letter on July l6th."

- CHH -

Commissioner Murphy: "I must say that I think
this is long overdue because it's practically
impossible to get from this square that's marked
off here, Leavenworth and Van Ness over to Col-
umbus and around in there. It's just a bunch
of hills there. I think it is very smart to do
this. How much of a caseload would this add to
Northern? It's not a heavily loaded crime area,
is it Chief?"

Chief Gain: "Well, we would adjust manpower for
that for which we have already taken into consider-
ation so that won't amount to anything. The reason
we undertook this is because a business person on
Polk Street came to us about the problem and we
conducted a study and we concurred. So when this
is held for a Public Hearing, on that particular
date, there will probably be some business persons
here to support it."

Commissioner Murphy: "One of the candidates for
Supervisor in District 2 in the last election made
a big point because he has a business around lower
Polk. His campaign issues was it was ridiculous
to have Central coming over there when Northern was
so much closer and more available."

Commissioner Siggins: "Okay."

REQUESTING APPROVAL OF PROPOSED GENERAL ORDER
REGARDING TAXICA13 REGULATIONS - CONTINUED FOR
ONE (1) WEEK.

Commissioner Siggins: "Mr-. Byrnes will speak to
that, I take it, is that right?"

Robert Byrne: "I have seen the proposed regula-
tions, I believe that they have been put in Gen-
eral Order form."

Commissioner Ciani: "Do we have no regulations
at present?"

Robert Byrne: "There are no regulations by the
Chief of Police."

Commissioner Cianl: "So there La nothing :
pare these to as Tht as the present."

Commissioner Murphy: "Does it mean that we will
have additional hearings, is that correct?"

Robert Byrne: "I believe since this is in General
Order format, there will have to be Public Hearings
on it . "

- 645 -

Commissioner Murphy: "Well then, I would like to
suggest at this time, or I guess maybe even move,
but I believe that on page 3, item #2 at the top
of the page, the sentence, "this section shall not
be construed to require a radio dispatching system,
be deleted and in its place as item #3, that we

place, 'every taxicab operating after under

a permit granted by the Police Commission shall be
equipped and operated so that it can be dispatched
by a two-way radio communication in response to a
telephone, or other request For service, by a pro-
spective passenger,' and then item // \ would then
become item #4 . "

Robert Byrne: "I suggest that rather than renum-
bering everything, we just make it Section #3, sub-
section (a) and Subsection 2 and that way we won't
have to go renumbering them."

Commissioner Ciani: "Is there any other city in
which all taxis are required to have radio dispatch
systems?"

Robert Byrne: "I don't know the answer to that

Commissioner Ciani: "Well, I suppose we could leave
that for debate at the hearing, but it seems to me
that the whole trend towards independent owner-
operators goes the other way. We would have to re-
quire that they pool together to make it efficient."

Commissioner Toler: "Are we thinking in terms of
any new permits being issued.... or are we calling
back and saying all of those who doesn't have them
now must get them?"

Commissioner Ciani: "Well, could it be retroactive?"
Robert Byrne: "Yes."

Commissioner Siggins: "Yes, with a prospective date
by which they have to bring in their equipment."

Commissioner Murphy: "The reason I want this is be-
cause if you really are concerned about the conven-
ience and necessity of having permits for the resi-
dents of the city, this is actually imperative. It
just doesn't do any good to have a cab floating around
the hotels and down at the Airport, and so on, for
people who live even a mile from downtown. You sim-
ply can not get a cab. If "you are in the Financial
District at 5 o'clock, yes, sure you can, maybe. Et's
very difficult if you are handicapped, or old, or in
anyway disabled, it makes it much more difficult to r,et
a cab. Mow the big companies that have radios are fine,
but it seems to me then you are putting a burden on them
that shouldn't be, when there are so many cabs that could

- 646

be. available if they had radio service. A telephone
just doesn't do the job."

Commissioner Siggins : "Well, it still comes within
the job of the Commission to assure prompt, courteous
and honest service. That's why we are adopting the
regulations. Is this in the form of a motion?"

Commissioner Murphy: "I don't know if you need a
motion, but I would like the regulation to include
what we have proposed to be heard and discussed. Is
that right Chief?"

Chief Gain: "Yes, if I may comment, the Prop K leg-
islation requires that the Chief of Police adopt regu-
lations. These are those regulations that the Chief
of Police has adopted after Public Hearings. I would
suggest then that the wording should be that it's pro-
posed that this change will be made subject to dis-
cussion and final determination at the Public Hear-
ing, the date of which has to be set. I am suggest-
ing that because the remainder of these regulations
have already been discussed with the Cab Industry, and
I think that might make it easier to get the rest of
them adopted, and then just have this as a sole issue.
The Commission does not have to subject itself to ex-
tensive Public Hearings on the regulations as they
are now framed, that has already been done. So it
will be something like that. And then what will hap-
pen is that "

Commissioner Murphy: "I want to be sure it happens,
that is the thing. I don't want it to be left out
in left field some way or another."

Chief Gain: "That should be the sole topic of dis-
cussion at the Public Hearing, just as an addition
and not have to re-hash all of the other things."

Commissioner Murphy: "And you will call Mr. Felhauer
of the Commission on Aging and make the same comment,
and make the same comment to Rose Resnick, and make
the same comment on how they will be able to get these
cabs . "

Commissioner Cian: "I would bo in favor of having
this put over for discussion, bul i am not suri thai
it is necessary that every taxi have a radio; we know
that the vast majority have radios now."

Commissioner Murphy: "No they don't."

Commissioner Ciani: "Well they do, it was more than
2/3rds."

Commissioner Murphy: "An awful lot of those that
don't have."

- 6 '4 7

Commissioner Ciani: "Well, but you know a lot
of the public doesn't call taxis and you have to
recognize differing needs of different segments
of the Community. I am not sure that there isn't
something to be said for having some taxis without
radios, but I would want to know what the economics
are and how it would actually effect those drivers
who are now Independent . "

Chief Gain: "May I suggest this that we continue
this for one week. I think perhaps the best way
to do this is that I will amend the regulations my-
self. They are Chief of Police regulations. I
can put something in here, and amend it, and sub-
mit it to the Commission. I think that would be
the neatest way to do it, then it's the Chief's
regulations. That's the responsibility of the Chief.
Then at the Public Hearing which takes place, that
could be a topic of discussion. If the Commission
then desires to leave it in, leave it in, if not,
take it out or amend it . "

Commissioner Siggins: "There are some little busi-
ness men operating without a radio. And if he puts
in the radio or goes through the expenses, or what-
ever it is to put one in, Rose Resnick or Mr. Fel-
hauer are never going to call him or those groups
are never going to call him. He might never get a
phone call. They ere still going to call the 1,
2, 3, or 4 large companies that do have that service
I don't know, I mean I would like to analyze it."

Commissioner Murphy: "Well, I think there are many
pros and cons. I agree with that but I think if you
really want to help the residents of San Francisco,
not the tourist, not the Airport business, that's
taken care of, that's easy."

Commissioner Siggins: "There are a number of com-
panies that have radios that don't even list their
number in the phone book."

Commissioner Murphy: "I know, but this takes care
of that."

Robert Byrne: "May I inquire if the Chief is going
to do it in that format so that we won't have to de-
cide what is going to go in the blank as far as the
time frames?"

Commissioner Siggins: "Let's put it over a week."

Chief Gain: "Put it over a week and we will figure
that out . "

- 648

Commissioner Siggins: "Recently on television and
the padio, I mean Ln the newspaper, there was the

problem of the female taxi cab driver who was I'.i i
because wh had gotten involved in some kind of vio-
lence. She was beaten up and raped, well she said
she was, and then the boss fired her. He said she
should not be going picking up...ln effect it wai
against his rule to be picking up somebody at the
Greyhound Bus Depot. I question whether or not
that rule fits in with our regulations. They have
to pick up anybody that's around, they can't re-
fuse that type of service."

Chief Gain: "Let us look into that."

Commissioner Siggins: "Okay. Next item."

RESOLUTION NO. 468-79

REQUESTING APPROVAL OF PROPOSED GENERAL ORDER WHICH
SETS FORTH THE OPERATING PROCEDURES FOR THE EXPLOSIVE
ORDNANCE DISPOSAL UNIT OF THE CRIME SPECIFIC DIVISION,

RESOLVED, that the Police Commission here-
by approves the Division Special Order which sets
forth the operating procedures of the Explosive
Ordnance Disposal Unit.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 469-79

POLICE OFFICER TEDDY QUERUBIN, , PARK POLICE STATION

WHEREAS, charges of violating the Rules
and Procedures of the San Francisco Police Depart-
ment were filed against Police Officer Teddy Querubin,
Park Police Station, as follows:

SPECIFICATION NO. 1

Failure to Maintain Weight Standards.
(Violation of Section 2.36 of the
Rules and Procedures of the San
Francisco Police Department.)

by Charles R. Gain, Chief of Police; therefore be it

- 6Hn _

RESOLVED, that the hearing before the
Police Commission on charges riled againsl Police

Officer Teddy Querubin, Park Police Station, be,
and the same is hereby set for Wednesday, August
15, 1979 at 5:30 p.m., in Room 551, Hall of Justice

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 470-79

DATE TO BE SET FOR HEARING OP RECRUIT OFFICER DONALD
JONES.

WHEREAS, the hearing relative to the termina-
tion of Recruit Officer Donald Jones, was called, it
having been set for this date.

WHEREAS, it was requested by Mr. Lawrence
Wilson, Attorney, Legal Office, that the hearing of
Recruit Officer Donald Jones be set for Wednesday,
August 15, 1979; therefore be it

RESOLVED--, that the hearing relative to
the termination of Recruit Officer Donald Jones is
set for Wednesday, August 15, 1979 at 5:30 p.m., in
Room 551, Hall of Justice.

AYES: Commissioners Ciani, Murphy, Sanche
Toler, Siggins

RESOLUTION NO. 471-79

DATE TO BE SET FOR HEARING OF RECRUIT OFFICER JAMES K.
MAH

WHEREAS, the hearing relative to the termina-
tion of Recruit Officer James K. Mah,was called, it
having been set for this date.

WHEREAS, it was requested by Mr. Lawrence
Wilson, Attorney, Legal Office, that the hearing of
Recruit Officer James K. Mah I t for Wednesday,
August 8, 1979; therefore be it

RESOLVED, that the hearing relative to the
termination of Recruit Officer Jame:; K. Mah is set
for Wednesday, August 8, 1979, at 5:30 p.m., in Room

- 650 -

551, Hall of Justice

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 472-7^

DATE TO BE SET FOR HEARING OF RECRUIT OFFICER
VANDY PHILLIPS

WHEREAS, the hearing relative to the
termination of Recruit Officer Vandy Phillips, was
called, it having been set for this date.

WHEREAS, it was requested by Mr. Lawrence
Wilson, Attorney, Legal Office, that the hearing of
Recruit Officer Vandy Phillips be set for Wednesday,
August 15, 1979; therefore be it

RESOLVED, that the hearing relative to
the termination of Recruit Officer Vandy -Phillips
is set for Wednesday, August 15, 1979 at 5:30 p.m.,
in Room 551, Hall of Justice.

AYES: Commissioners Ciani, Murphy, Sanchez
Toler, Siggins

RESOLUTION NO. 473-79

SERGEANT JAMES WERTZ - COMMUNICATIONS DIVISION

WHEREAS, charges of violating the Rules
and Procedures of the San Francisco Police Depart-
ment were filed against Sergeant James Wertz, Com-
munications Division, as follows:

SPECIFICATION NO. 1

Intoxication on Duty. (Violation
of Section 2.125 of the Rules and
Procedures of the San Francisco
Police Department.)

SPECIFICATION NO. 2

Conduct Reflecting Discredit Upon
the Department ., (Violation of Section
2.13 of the Rules and Procedures of

- 65] -

the San Francisco Police Department.)

SPECIFICATION NO. 3

Failure to Truthfully Answer. (Vio-
lation of Section ?.i|Q of the Rules
and Procedures of the San Francisco
Police Department.)

SPECIFICATION NO . 4

Failure to Submit a Report. (Vio-
lation of Section 2.15 of the Rules
and Procedures of the San Francisco
Police Department.)

by Charles R. Gain, Chief of Police; therefore be it

RESOLVED, that the hearing before the Police
Commission on charges filed against Sergeant James
Wertz, Communications Division, be, and the same is
hereby set for Wednesday, August 1, 1979 at 5:30 p.m.,
in Room 551, Hall of Justice.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

The Commission then adjourned its meeting at
1835 hours .

- 6!

^yt^Ujuj-u

1 AUGUST 1979 REGULAR MEETING

Th^£?olice Commission of the City and
County o£>San Francisco met in their chambers,
Room 551, Hall of Justice, 850 Bryant Street, on
Wednesday, August 1, 1979, at 17 30 hours in regular
session.

PRESENT: Commissioners Ciani, Sanchez, Toler, Siggins
ABSENT: Commissioner Murphy

OCT 2 3 1979

Commissioner Siggins presiding.

DOCUMENTS :

PRESENTATION OF MEDAL OF VALOR AWARDS AND CERTIFICATES

Commissioner Siggins: "This portion of the meeting
will be turned over to Commissioner Sanchez."

Commissioner Sanchez: "Thank you very much Mr. Presi-
dent, I would just like to make a few comments; First
of all, on behalf of the San Francisco Police Commis-
sion and the Awards Committee, which I served as one
member, we wish to congratulate the men and women in
the Department who were nominated by their captains
for these various recommendations. As we said, ini-
tially the process is a very trying process and a
very critical review of the lines of duty and proper
procedures being followed within the context of the
San Francisco Police Department. As a result of this
we have a number of men and women who have the Bronze
Medal and Silver, and we have two young men in parti-
cular this evening who received the nomination of Gold
which we will discuss later on. Let me just say that
all of the men and women who served in this classifi-
cation are to be congratulated, especially their families
for their perserverance In supporting the men and wo-
men in the department . All of these men have placed
their lives on the line above and beyond the call of
duty and particularly in reference to the Gold Medal,
which we will talk about, as I said, later. So on
behalf of the Commission and the Awards Committee we
would like to congratulate all of you for coming this
evening and it's a very small token as far as our
awards to you, but believe me it speaks for all of
the San Franciscans throughout the City for you who
constantly are, day to day, putting your necks on the
line to protect the citizens of the City and County
of San Francisco. So we congratulate you very much.
I think we can now proceed Lieutenant with the opera-
tion.

The following-named members were called and presented

- 65 ;

Medals of Valor Awards as follows:

Officer Edgar J. Callejas Silver Medal

Officer Gary J. Constantine Silver Medal

Officer Kevin M. Dillon Silver Medal

Officer Lawrence A. Gray Silver Medal

Officer Dennis A. Gustafson Silver Medal

Officer Orin B, Hargraves Silver Medal

Officer James E. Hickson Silver Medal

Officer Dennis G. McClellan Silver Star

Officer Alan P. McPheters Silver Medal

Officer Steve R. Marquez .Silver Medal

Officer Donald N. Moorehouse.. Silver Medal

Officer Michael D. O'Brien Silver Medal

Sergeant Donald J. Lando Bronze Medal

Sergeant Mario Tovanl Bronze Medal

Officer Peter A. Balestreri Bronze Medal

Officer Martin J. Barbero Bronze Medal

Officer Anthony J. Camilleri Bronze Star

Officer David L. Fontana Bronze Medal

Officer James P. Gallagher Bronze Medal

Officer James F. Hunt Bronze Medal

Officer William J. Kelly Bronze Medal

Officer Michael B. Slade Bronze Medal

Officer Allan C. Duncan Gold Medal

Officer Daniel A. McDonagh Gold Medal

Commissioner Sanchez: "Again, on behalf of the
Awards Committee this was a unanimous decision
and the Police Commission reviewed it and unan-
imously voted a full months salary for this Gold
Medal on behalf of both men. It's a small token
of our gratitude for our men and women within the
Department who day to day take key risk to insun
public safety and congratulations to both of you,
both people who were burned were placed in the Burn
Unit of San Francisco General and are recuperating

- 654 -

It happened over a year ago and we thank both of
you men Vnr putting your liver, aboge everything
else . Congral u I a1 I ona . "

Commissioner Siggins: "Thanks very much Commis-
sioner Sanchez. We shall now proceed with the
more mundane portions of the agenda."

RECOMMENDATION OP THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendation 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:

766 VALENCIA STREET - VENUS DE MILO ANTIQUES-
INTERNATIONAL MOVING-ANTIQUES N' THINGS

a) At 766 Valencia Street, install a 22'

yellow zone, extending from 22' north of
south property line.

2424 LOMBARD STREET - SPERRY'S LIQUOR

a) At 2424 Lombard Street, Lnstal] a 22'

yellow zone, extending from west property
line 22' east of same.

b) Remove meter #2412

2436 & 2438 CLEMENT STREET - DR. WARK MEDICAL

OFFICE & COURTYARD RESTAURANT -

(A) DENIED (B) GRANTED

a) At 2436 Clement Street, install a 25'
yellow zone, extending from the east
property line 25' west at 2436 Clement
Street. DENIED

b) At 2438 Clement Street, install a 25'
white zone, extending from the west
property line 25' east at 2438 Clement
Street. GRANTED.

201 FILBERT STREET - KING'S ANTIQUE - DENIED

a) At 201 Filbert Street, revoke existing
33' yellow zone, extending 33' west of
east property line. DENIED.

- 655 -

b) At 201 FJ Lbert Streel , Lns1 a i i a ■; ■; ' green
zone, extending 33' west of east property

line. DENIED.

i.",'. SANSOME STREET - KING'S ANTIQUE

a) At 1255 Sansome Street, revoke existing
24' yellow zone, extending from 12* to
36' north of south property line.

b) At 1255 Sansome Street, install 24'

green zone, extending from 12' to 36'
north of south property line.

2-10 GOLDEN GATE AVENUE - GOLDEN GATE THEATER

a) At 2 - 10 Golden Gate Avenue, revoke

existing 39' white zone, extending from
21' to 60' west of Taylor Street.

1-9 GOLDEN GATE AVENUE - GOLDEN GATE THEATER

a) At 1 - 9 Golden Gate Avenue, revoke

existing 24' white zone, extending from
11' to 35' north of Golden Gate Avenue.

59 - 30th STREET - S.P.P.D.

a) At. 59- J01 li Street, revoke exist! rig 36 ■
yellow zone, extending from 6' to 4i !'
east of San Jose Avenue.

16 60 HAIGHT STREET - S.P.P.D.

a) At 1660 Haight Street, revoke existing

36' yellow zone, extending between cross-
walk.

873 SUTTER STREET - SUNDERHAUS AND LEIGH PROPERTIES
DENIED

a) At 873 Sutter Street, Install a 25'

green zone, extending from east property
line 25* west of same. DENIED .

AYES: Commissioners Cianl, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Murphy

656 -

REVOKED

RESOLVED, that the recommendation of
the Traffic Bureau on the revocation of 159 feet
of yellow and white zones, at the parts of the
city, at the Locations submitted, be, and bhe
same are hereby approved.

AYES: Commissioners Ciani, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Murphy

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 I. Kannisto, Traffic Bureau,
for service, effective July 7, 1979-

b) Sergeant William B. Navin, Ingleside Station,
for service, effective July 4, 1979.

The communications were ordered filed.

AYES: Commissioners Ciani, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 474-79

ROBERT E. HEILIG, JR

RESOLVED, that the recommendation of the
City Attorney for settlement of litigation of Robert
E. Heilig, Jr., and his attorney in the sum of $1,500.00
in Superior Court Action No. 71*3—271 entitled "Robert
E. Heilig, Jr. and his attorney vs. City and County
of San Francisco, et al.," as the result of dan
sustained, be, and the same is hereby approved.

Date of Incident: January 1, 1978

AYES: Commissioners Ciani, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Murphy

- 6^7 -

RESOLUTION NO. 175-79

AMENDING RESOLUTION NO. 199-79 (BY CHANGING DATE OP
ATTENDANCE PROM JUNE 25, 1979 TO JUNE 27, 1979, TO
NEW DATES OF AUGUST 27, 1979 TO AUGUST 31, 1979,
CNCLUSIVE.) TO A NARCOTIC COMMANDERS' TRAINING- COURSE

AUTHORIZING ATTENDANCE OF LIEUTENANT WILLIS CASEY,
VICE CONTROL DIVISION, AT THE NARCOTIC COMMANDERS''
TRAINING COURSE AT SACRAMENTO, CALIFORNIA, FROM
AUGUST 27, 1979 TO AUGUST 31, 1979, INCLUSIVE.

RESOLVED, that the recommendation of the
Chief of Police that Lieutenant Willis Casey, Vice
Control Division, be detailed to attend the Narcotic
Commanders' Training Course at Sacramento, California,
from August 27, 1979 to August 31, 1979, inclusive,
be, and the same is hereby approved; and be it further

RESOLVED, that expenses incurred by Lieutenant
Casey, in a sum not to exceed $172.00, will be defrayed
by the San Francisco Police Department's Police Officers'
Training Fund.

AYES: Commissioners Clani, Sanchez, Toler,
Slggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 476-79

AUTHORIZING ATTENDANCE OF DR. MIMI SILBERT, TRAINING
CONSULTANT, LIEUTENANT RICHARD D. KLAPP AND SERGEANT
MICHAEL S. HEBEL, PERSONNEL AND TRATN.TNG, AT THE BASIC
COURSE REVISION CONSORTIUM WORJ SHOP AT SAN D3 EOO, CAL-
IFORNIA, FROM AUGUST 15, 1979 TO AUGUST 16, 1979, IN-
CLUSIVE.

RESOLVED, that the recommendation of the
Chief of Police that Dr. Miml Silbert, Training Con-
sultant, Leiutenant Richard D. Klapp and Sergeant
Michael S. Hebel, Personnel and Training, he detailed
to attend the Basic Course Revision Consortium Work-
shop at San Diego, California, from August 15, 1979
to August 16, 1979, inclusive, be, and the same is
hereby approved; and be it further

RESOLVED, that expenses incurred by Dr.
Miml Silbert, Lieutenant Klapp and Sergeant Hebel,
in a sum not to exceed $182.00 each, will be defrayed
by the San Francisco Police Department's Police Officers
Training Fund.

AYES: Commissioners Ciani, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Murphy

- 658 -

RESOLUTION NO. 477- 7 ' 3

TRAVELING EXPENSE VOUCHER - APPROVED

resolved, that the Traveling Expense Vouch

submitted by the following-named member of the Police
Department for expenses Lncurred in attending the
below-indicated program, be, and the same 1; hereby
approved:

Sergeant Gregory Corrales) $314
Vice Crimes-Narcotics )

00 (At the Informant
(Development and
(Maintenance Course
(at Riverside, Calif-
ornia, from July 16,
(1979 to July 20, 1979,
(inclusive .

AYES: Commissioners Cianl, Sanchez, Toler,
Siggins

NOT VOTING:

Commissioner Murphy

RESOLUTION NO. 478-79

TRAVELING EXPENSE VOUCHERS - APPROVED

RESOLVED, that the Traveling Expense Vouchers
submitted by the follovring-named members of the Police
Department for expenses incurred in attending the be-
low-indicated program, be, and the same are hereby
approved:

Police Officer Joseph Currie
Park Police Station

Police Officer Michael Chan
Personnel & Training

Police Officer Dale Boyd
Personnel & Training

Police Officer Daniel Hampton
Crimes Specific Task Pore

Police Officer Catherine Nelson
Vice Crimes Division

$84.00 (At the Self
each (Defense and
(Arrest Tech-
niques Instruc-
tors ' Course at
(Oakland, Calif-
ornia, from July
(9, 1979 to July
(20, 1979, in-
clusive.

AYES: Commissioners Ciani,
Siggins

Sanchez, Toler,

NOT VOTING: Commissioner Murphy

- 659 -

The Commissioners having received^
amended and returned copies of the minutes
of the meetings of June 4, 1979, June 11, 1979,
June 13, 1979, June 20, 1979, and June 27, 1979,
reading of same was dispensed with and the minutes
were approved.

AYES: Commissioners Ciani, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Murphy

CHIEF'S REPORT TO THE POLICE COMMISSION

Chief Gain: "No report Mr. President, members of
the Commission."

Commissioner Sanchez: "I would like to ask if I
might, I was wondering if perhaps at the next meet-
ing of maybe on the 15th, if it is possible to have
sort of a status report on the utilization of the
scooters, bikes, or whatever we call them, vespas,
especially In the parks and recreation areas where
they were used prior to the summer, pointing out
any need, you know, if we are applying supportive
service, etcetera, to the Park areas and to get any
feedback to support an evaluation to see if we could
shore it up any better, or perhaps we don't need it.
There was a great deal of discussion before and if
we just had a brief summation of, basically, if we
are utilizing those supportive services for the
parks during the summer."

Chief Gain: "We will have a report for you

Commissioner Sanchez: "And also if I could add a
footnote if we could have the same thing, I guess,
on the status of Candlestick Park, too. I notice
that evidently there was some discussion on that.
I know there were meetings previously and there was
commitments to provide for whatever type of visi-
bility we could do there and I wonder if we might
also have a report given the latest comments by
some of the vendors and/or same from the Muni, etc.,
etc . , etc."

Chief Gain: "There was a meeting on that Candle-
stick problem today, so we will give a status re-
port on that too on the 15th."

- 660 -

RESOLUTION NO. 479^79

REQUEST FOR A SUPPLEMENTAL APPROPRIATION TO REFLECT
THE REQUIRED INCREASED MANDATORY FRINGE BENEFITS
FOR FISCAL YEAR 1979-80.

RESOLVED, that the Police Commission
approves the request for a Supplemental Appro-
priation which will increase Mandatory Fringe
Benefits for the 1979-80 Fiscal Year in the
amount of $5,001,702.

AYES: Commissioners Ciani, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. ^480-79

REQUEST FOR A SUPPLEMENTAL APPROPRIATION TO RECLASSIFY
VARIOUS NON-SWORN PSOITIONS .

RESOLVED, that the Police Commission hereby
approves the request for a Supplemental Appropriation
which will reclassify one 1458 Legal Stenographer to
one 1460 Senior Legal Stenogapher, and one 8174
Attorney to one 8176 Trial Attorney and two 8213
Police Service Aides to two 7410 Automotive Workers
and one 8217 Station Officer to one 7410 Automotive
Worker. All position reclassifications to be effec-
tive September 26, 1979.

AYES: Commissioners Ciani, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 481-79

REQUEST FOR A SUPPLEMENTAL APPROPRIATION TO RECLASSIFY
ONE VACANT POSITION OF Q80 CAPTAIN TO ONE POSITION OF
0488 COMMANDER.

RESOLVED, that the Police Commission hereby
approves the request for a Supplemental Appropriation
which will reclassify one vacant position of Q80
Captain to one position of 0^88 Commander. The class-
ification is to become effective September 26, 1979.

AYES: Commissioners Ciani, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Murphy

661 -

RECEIPT OP PROPOSED GENERAL ORDER ON SEXUAL ASSAULT
CASES. (COPIES SENT TO EMPLOYEE ORGANIZATIONS) -
CONTINUED FOR TWO (2) WEEKS.

AYES: Commissioners Ciani, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Murphy

REQUESTING APPROVAL OF PROPOSED GENERAL ORDER ON
PRISONER PICKUP

Mr. Bob Barry of the San Francisco Police Officers'
Association, appeared at the meeting In regards to
this item and stated that he had submitted a letter
to the Commission requesting to Meet and Confer. As
the letter had not been received by the Commission
Office, the matter was placed on the Calendar for
possible adoption. However, at the request of Mr.
Barry, the matter was taken off calendar to allow
Department Staff and San Francisco Police Officers'
Association Staff to Meet and Confer.

RESOLUTION NO. 482*79

REQUESTING APPROVAL ON PROPOSED GENERAL ORDER GOVERNING
LONG DISTANCE TELEPHONE USAGE.

RESOLVED, that the Police Commission hereby
adopts the Proposed General Order regarding Long Dis-
tance Telephone Usage.

(Copy on file in the Police Commission Office.)

AYES: Commissioners Ciani, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Murphy

REQUESTING APPROVAL OF PROPOSED GENERAL ORDER REGARD-
ING TAXICAB REGULATIONS. (CONTINUED FROM THE MEETING
OF JULY 25, 1979)

Chief Gain: "One Commissioner had discussed, and it
was not approved by the Commission as a whole, adding
a requirement that all taxicabs have two way radios.
In a letter which I submitted to the Commission I
stated that I don't feel the requirement is realistic
because 83$, 594 out of 711 of the cabs operating in
San Francisco, have such radio equipment and it would
just seem to me that we should not include that require-
ment in the regulations at this time."

662 -

Comrni an loner Ciani: "Were we going to have
public hearings on these?"

Chief Gain: "Well, another point I wanted to...,
in the last paragraph of the letter I stated, 'I
request the regulation;'. h< scheduled For hearing
on August 22nd. » "

Commissioner Siggins: "I don't think that':
good idea."

Chief Gain: "I would like to comment about that If
I may. I have a change of feeling about that if I
may express it. That we had a Chief's hearing con-
ducted in regard to the previous draft of regulations,
I think there was two hearings, where notices were
sent out, persons attended, and then input was given
based upon that. There was some re-draft and then
there was a meeting with about 15 representatives
and they made suggestions and we incorporated some
and told them we are taking others under submission.
So then I feel there has been adequate hearings on
the regulations. The legislation did not call for
those hearings to be conducted. We thought that was
fair. I would suggest at this point that if it is
desirable to have any further hearings that they take
place at staff level. That is, be Chief's Hearings
rather than Commission Hearings .

May I recommend that the Commission con-
tinue this for one week to go thoroughly over each
provision to make sure that they agree, because al-
though that legislation vest In the Chief of Police,
the authority and responsibility for promulgating
regulations, it's the Commission, ivhlch if there is
a violation, has the authority to apply sanctions.
So it would come before the Commission. And that
is one reason we are putting it in a General Order
form and we want to make sure that the Commission
does agree with the present content. So I would
recommend we put it over for one (1) week for thor-
ough review by the Commission for the purpose of
adopting next week with any changes the Commission
may want to make at that time."

Commissioner Siggins: "Okay, let's put them over
for one (1) week."

DISCUSSION ON PROPOSED SAN FRANCISCO CHARTER CHANGES
TO BE SUBMITTED TO THE SAN FRANCISCO CHARTER COMMIS-
SION

Commissioner Siggins stated that he suggested as a
Charter change that Police and Firemen should forfeit
city retirement benefits if they are convicted of a
felony or a misdemeanor involving moral turpitude
just as any other city employee. He stated that he
didn't think it was drafted the way he would like for

- 663 -

it to be, but that It was a good idea to pasa along

to the Charter Commission for their consideration.

Paul Chignell of the San Francisco Police Officers'
Association, stated that hia aasociation would Like
an opportunity to make some statements on the Com-
mission's recommendations to the Charter Commission.
He stated that there were a number of meaningful
changes proposed besides the discussion that was just
taking place. The elimination of the section of the
Charter relative to the closing of police stations,
increasing Police Commissioner's salaries and other
items are matters they would like to speak on and give
their input so that the position of the Commission
to the Charter Commission has some input from the
employees of the police department.

Commissioner Ciani stated that she was not sure
whether it was appropriate to take comments in this
particular forum in that the decision is not to be
made here but by the Charter Revision Commission,
and the Police Commission are only making some sug-
gestions that are not going to be binding on the Com-
mission, and every member of the public is welcome
to make suggestions to the Charter Commission, and if
the San Francisco Police Officers' Association ob-
jects to any that are made by the Police Commission,
or anyone else, that's the forum in which the San
Francisco Police Officers ' Association should address
them .

Commissioner Sanchez then stated that he did not find
anything out of order by putting the matter over for
a week or two to allow the various organizations to
come in with their recommendations, pro or con, or
whatever, but he did think the Police Commission should
listen to them and weigh it, and that way there might
be a consensus in forwarding it over to the Charter
Commission .

Commissioner Ciani then brought up changes that she
was interested in seeing made in the Charter and
that was (1) the feasibility of delegating some of
the disciplinary hearings before the Police Commission
to a Hearing Officer, and (2) the probationary pro-
blem encountered earlier with CETA Employees and
Employees hired under other funded sources other than
Ad Valorem funds .

Inspector Earl Sanders, President of the Officer;:
for Justice, stated that his association relative to
this same issue would like to join .: 1 1 I u discussion
of these matters at the time they are sel .

The Commission agreed to this request and then con-
tinued the matter to August 29th, 1979-

- 66'! -

DISCUSSION REGARDING THE ESTABLISHMENT OP A
COMMUNITY RELATIONS BUREAU

Commissioner Siggins stated that the Chief had sub-
mitted a report to the Commission and that the re-
cord should show that the Commission approved the
dissolution of the Community Relations Unit at the
time it was done. He said the Commission had great
hopes for the new Idea that every officer would be
a Community Relations Specialist and that every Cap-
tain would be responsible for Community Relations
in his District, and a centralized Community Rela-
tions Unit, based upon this new concept, would not
be needed.

Inspector Earl Sanders stated that he was among
the group who had discussed the matter with the
Honorable Mayor Dianne Feinstein. He said he had
just this morning received a copy of the Chief's
report and had not had time to go over it with the
Chief regarding his recommendations. He said he
concurred with one of the Chief's recommendations
in that report in that the Commission should meet
with the Officers for Justice Association. He said
he would certainly like to have an opportunity to
present to the Commission as much evidence as poss-
ible before the Commission makes its decision on re-
instatement, of the unit.

Commissioner Ciani stated that the Commission hadn't
heard anything form the Community requesting that
the unit be re-established.

Commissioner Siggins stated that he would prefer
Inspector Sanders to not respond in the format
that the Chief responded, but if he had some other
format or presentation that, he has been giving to
other people that Is persuasive, or reasons for re-
establishing the unit then present it. The Commis-
sioner then asked thi tnspector bo present any docu-
mentary evidence to the Commission in advance of the
Police Commissioner hearing on the matter. It was
then set for further discussion on September 5, 1979 .

HEARING OP SERGEANT JAMES WERTZ, SUPPORT SERVICE!
BUREAU - COMMUNICATIONS

The hearing of Sergeant James Wertz, Sup-
port Services Bureau-Communications, was called, it
having been set for this date. Sergeant James Wertz
was charged with violating the Rules and Procedures
as follows:

SPECIFICATION NO

Intoxication on Duty. (Violation
of Section 2.125 of the Rules and

- 665

Procedures of the San Francisco
Police Department.)

SPECIFICATION NO,

Conduct Reflecting Discredit Upon
the Department. (Violation of Sec-
tion 2,13 of the Rules and Procedures
of the San Franc I ico Police Depa rl mi tit . )

SPECIFICATION NO. 3

Failure to Truthfully Answer. (Vio-
lation of Section 2.49 of the Rules
and Procedures of the San Francisco
Police Department.)

SPECIFICATION NO. 4

Failure to Submit a Report. (Vio-
lation of Section 2.15 of the Rules
and Procedures of the San Francisco
Police Department.)

in a properly \erified complaint by Charles R. Gain,
Chief of Police, San Francisco Police Department.

Sergeant James Wertz appeared in person
and was represented by Mr. Stephen Bruce Bley, Attorney
at Law .

Mr. Lawrence Wilson, Attorney at Law, appeared
as Prosecutor for the Police Department.

The reading of the Charges was waived

Sergeant Wertz, through his attorney, entered
a plea of "Guilty" to all four (4) Specifications filed
against him.

Mr. Wilson, Prosecuting Attorney, read into
the record an Intra Departmental report submitted by
Deputy Chief Mario Amoroso, regarding Sergeant James
Wertz .

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

Police Officer John F.Devine

Special Assistant to the Chief of Police

- 666 -

A closing statement was then made by
Mr. Bley on behalf of the Defendant.

The Commission took the matter under
submission and then recessed from 1947 hours to
2041 hours, after which the following resolution
was adopted:

RESOLUTION NO. 483-79

DECISION - HEARING OF SERGEANT JAMES WERTZ, SUPPORT
SERVICES BUREAU - COMMUNICATIONS

WHEREAS, on July 6, 1979, Charles R. Gain,
Chief of Police of the San Francisco Police Department,
made and served charges against Sergeant James Wertz,
Support Services Bureau-Communications Division, as
follows :

SPECIFICATION NO

a) At all times mentioned herein, the

accused, James Wertz, was a Sergeant
in the San Francisco Police Department
assigned to the Communications Division
of the Police Department in the Hall
of Justice, on duty and in uniform:

b) On Tuesday, July 3, 1979, at approxi-
mately 2145 hours, Deputy Chief of
Support Services Mario Amoroso reported
to the Operations Center and inter-
viewed the accused;

c) The accused exhibited the following
signs of being under the influence
of alcohol:

1. He had alcoholic breath.

2. His reaction to questions was ab-
normally slow.

3. He was confused and repeated him-
s e 1 f .

d) The accused was given two breathalizer
tests for blood alcohol content which
showed readings of .28 and .29, which
readings are considerably above the
level of .10 which indicates intoxi-
cation sufficient to sustain a charge
of drunk driving;

- 667 -

e) The accused >i I d si al <> that he had
consumed alcoholic beverages while
on duty during his meal period;

f) That because of the level of alcohol
in his body, the accused was unable
to perform police duties in a calm,
e T'ri c l 'Mil, and de 1 1 berate manner, and
that this condition constitutes in-
toxication;

g) By virtue of the above conduct and

allegations, the accused did violate
Rule 2.125 of the Rules and Procedures
of the San Francisco Police Department
which states:

"Shall not, while on duty or in uniform,
drink any kind of intoxicating liquor
or whether on or off duty be under the
influence of intoxicating liquor to such
an extent that he will not always be pre-
pared to exercise police powers and en-
trusted with the performance of police
duty in a calm, deliberate and efficient
manner . "

SPECIFICATION NO. 2

a) Each and every allegation of paragraphs
(a) through (f) of Specification No. 1
is incorporated herein by reference as
if each were fully stated;

b) On the above date, the accused was ob-
served by other sworn members of the
San Francisco Police Department, and non-
sworn members of the San Francisco Police
Department while under the influence of
intoxicating liquor;

c) The observation of the accused in his

intoxicated condition by sworn members and
by non-sworn employees of the San Francisco
Police Department did reflect discredit
upon the San Francisco Police Department;

d) Because of the above-stated actions of
the accused did violate Section 2.13 of
the Rules and Procedures of the San Fran-
cisco Police Department which states:

- 668 -

"Any broach 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 any
member thereof or that is prejudicial
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 unofficerlike conduct
triable and punishable by the Board."

SPECIFICATION NO. 3

a) That each and every allegation in para-
graphs (a) through (c) of Specification
No. 1 is incorporated herein by reference
as if each were fully stated:

b) During the period of time that the

accused was with leputy Chief Amoroso
he denied being intoxicated;

c) Because of the level of alcohol in his
body, such response was untruthful;

d) That such conduct constitutes a vio-
lation of Section 2.49 of the Rules
and Procedures of the San Francisco
Police Department, which states:

"Shall, when called upon by a sup-
erior officer, or by one specially
assigned by lawful authority to con-
duct an investigation involving police
matters, or any matter affecting the
conduct of a member or members, truth-
fully answer all questions propounded.
All reports, statements and declarations
made orally, or in writing in the fore-
going matters shall contain the truth
without evasion."

SPECIFICATION NO

a) That each and every allegation in para-
graphs (a) through (f) of Specification

No. 1, is incorporated herein by re-
ference as if each were full./ stated;

- 669 -

i' ) The accused , when relieved of his
duty by Deputy Chief Amoroso, was

directed to submit a report in his
own hand writing responding to the
allegations of unfitness;

c) The accused failed to write and
sul 'in it. bhls r • ■ i , and thus wai
in violation of Section 2.15 of
the Rules and Procedures of the
San Francisco Police Department
which states:

"A member shall, when relieved as
unfit to exercise police duty, im-
mediately submit to his commanding
officer a written report in his own
h.ii idw I'M, Lng sett l rig forth ! n deta3 I
his answer to the accusation of such
unfitness . "

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, August 1, 1979, and that on Wednesday,
August 1, 1979, the matter was submitted to the Police
Commission for decision; and

WHEREAS, the Police Commission finds that
said charges made and filed against Sergeant Jan.
Wertz, Support Services Bureau-Communications Divis-
ion, as contained in Specification No. 1, violation
of Section 2.125, Specification No. 2, violation of
Section 2.13, Specification No. 3, violation of Sec-
tion 2.49)i and Specification No. '\ , violation of Sec-
tion 2.15 of the Rules and Procedures of the San Fran-
cisco Police Department are sustained by the evidence
presented at the hearing; therefore be it

RESOLVED, that it is the order of the Police
Commission that Sergeant James Wertz has violated Spec-
ification No. 1, Section ?.l?r>, of the Rules and Pro-
cedures of thi San Francisco Police Department, and
that for said violation . rtz be termi-

nated, but that the imposition of ntence of ter-
nii nat i i >n bi ■ uspi nd< ;d f w a period of oi ■ ir .- ubj i cl
to the following terms and condil

Sergeant James Wertz shall attend
meetings of the Police Department
Alcohol Abuse Program as instructed
and directed by the Special Assistant
to the Chief of Police for a period
of one year.

- 6 70

2. Sergeant James Wertz shall completely
and total I ,v abal ain from the use and

consumption of any alcoholic beverage
for a period of one year.

Sergeant James Wertz shall take a
test to determine sobriety at any
time at the request of a superior
officer.

That each day upon reporting for
duty Sergeant James Wertz shall sub-
ject himself to an observation by a
designated superior officer to ensure
that he has not been drinking an al-
coholic beverage and is sober.

5. That Sergeant James Wertz shall not
have any alcoholic beverages in his

home
and be it further

RESOLVED, that it is the order of the
Police Commission that after a period of one year,
and provided Sergeant James Wertz has complied with
the terms and conditions herein, the Commission,
upon its own motion, will vacate Lts order of ter-
mination; and be it further

RESOLVED, that it is the order of the
Police Commission that Sergeant James Wertz has
violated Specification No. 2, Section 2.13> Speci-
fication No. 3, Section 2.49, and Specification No.
4, Section 2.15 of the Rules and Procedures of the
San Francisco Police Department and that for said
violations Sergeant James Wertz shall be suspended
for ninety (90) calendar days without pay commenc-
ing Thursday, August 2, 1979 at 0001 hours and ter-
minating on Tuesday, October 30, 1979 at 2400 hours

Recess taken during the hearing
of Sergeant James Werta:

1947 hours to 2041 hours.

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

AYES: Commissioners Ciani, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Murphy

7 i

CONTINUATION OF THE HEARING OF POLICE OFFICER
BRUCE BUSHNER - COMMUNICATIONS DIVISION

The hearing of Police Officer Bruce
Bushner, Communications Division, was called,
it having been continued from Wednesday, July
11, 1979, to this date.

Police Officer Bruce Bushner appeared
in person and was represented by Sergeant Michael
S. Hebel, Attorney at Law.

Mr. Lawrence Wilson, Attorney at Law,
appeared as the Prosecutor for the Police Depart-
ment .

The following-named witnesses were called
by the Prosecution, sworn and testified:

Dr. Norman Steiner
Police Surgeon

Dr. Carroll M. Brodsky
M.D.

The following exhibit was entered into
Evidence by the Defense:

Exhibit A - Dr. Norman Steiner's Medical
Records and reports regardinj

Police Officer Bruce Bushner.

The following exhibit was entered into
Evidence by the Prosecution:

Exhibit 3 - Letter from Dr. Carroll M.

Brodsky to Joseph A. Schillaci,
Assistant Claims Supervisor,
Compensation Division, San Fran-
cisco City and County Employees
Retirement System, dated Decem-
ber 23, 1973, re: Bruce Bushner,
Case //87259.

After hearing testimony from the above
parties, the Commission adjourned at 2255 hours, and
the matter was continued to Wednesday, August 29, 1979,
at 1730 hours, in Room 551, Hall of Justice.

6 , ' -

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

AYES: Commissioners Ciani, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Murphy

The Commission then adjourned its meeting at
2255 hours.

- 67 ; -

8 AUGUST 1979

"TLt-vu*-^

REGULAR MEETING

The^olice Commission of the City and
County of^JSan Francisco met In their chambers,

Room 55 L, Ha i 1 of Just Lee, 850 Bryant S1 i I , ..mi

Wednesday, August 8, 1979 at 1730 hours, in regular
session.

PRESENT: Commissioners Cianl, Sanchez, Toler,
Siggins

ABSENT: Commissioner Murphy
Commissioner Siggins presiding,

APPROVAL OF CONSENT CALENDAR

0CT23 K

DOCUIV £NTS

Commissioner Siggins: "Are there any other ques-
tions on the traffic aspects of the Consent Calendar?
Before there is any motion on the Consent Calendar
there was a recommendation by the Department on the
Claim of John Whelan."

Robert Byrne: "Crai ; lartin of th< 2ity Attorney's
Office is here to try to convinc u to go ahead
and approve it, and " ;er Winters is here who in-
vi stlgated thai i '< :r, is hen fn im t ! le I ri ■ ga ] Office
t o s t a 1 ■ our opinion."

Craig Martin: "The facts involved in this case is
that there was a Muni street car proceeding west on
Market Street and it . driving al as1 *ith a police
vehicle. The report thai I have from the Muni Railway
! ii :pa r*1 mi 'n1 Ls ;< ei i on ikon lv l,hi Inspector f*ri »m
; ; n police of fleer . <\nd lie I i : ' , ' ' ; I !
in tl ie J ane n< xf : > ' ■ 'ad of Lt to ; 1 s

right. I got a call to i ond, > pu '1. on,
turned left, not realizii itreel car was there.1
And that 's the off i c '• fj l1 ement . "

Commissioner Siggini : "Well, what di i mean tl i I '■
hi rirsl ; 'i I nenl '. "

Wart in : " W ill, I
: the ■ olice

Later chi

lommj Loner Siggins : t.J m.1 fce,

bhii ' . said. "

- 67^ -

Craig Martin:
statement

"Correct
it

And then we have a

Commissioner Siggins: "it's not handwritten."

Craig Martin: "Yes it is by the Muni Railway
officer, er, Inspector."

Commissioner Siggins
the police officer?"

"It's not handwritten by

Craig Martin: "I don't believe so. We have a
statement from one independent witness who states,
'the police vehicle just made a U-turn in front
of the street car without any warning. The street
car had the right of way. There were several yards
before the intersection. ' This is basically what
he saw. Another independent witness states that;
'From my vantage point it appeared that the police
vehicle did not signal its left turn and that the
motorman had no warning of the intended turn, parti-
cularly since the van was turning left from the
right. As I saw the van turn I was aware there was
going to be an accident and in moments I heard and
felt the impact. The motorman immediately checked
to be sure there were no passengers who were in-
jured. ' Then the statement from the Operator him-
self states that he, and the police van were travel-
ing abreast for some time when suddenly the van
made a left turn in the path of the street car and
caused it to be struck in the middle side by the
front of the street car. fficer at the wheel
did not carry any identification but had a star.
There were no injuries. The police report itself,
there is a question in here and it says, 'Other
Factors which led to the accident.' and it says,
'the police vehicle violated Section 22102 of the
Vehicle Code„' That merely states that you may
not make a U-Turn in a business district. The
gist of my argument is this Commissioners, that
we have a government entity here where one, the
City and County, one is the Department of Muni
Ra.1 lway and i im I a the Po] Lee Depa v\ merit . The gent-
leman who was injured was an attorney and he happen-
ed to be helped up by Judge Shaw of the Superior
Court. He has a medical report of approximately
75 dollars and was off work for approximately two
weeks. He estimates his loss income at approxi-
mately $2,000. I talked with Chief Trial Deputy
Jack Duhaney and he thought that the settlement
should be 75$ against the Police Department and
25% against the Muni Railway. I recommended that
it be split 50/50 and close the case. The Muni
Railway has already agreed to pay one half of it,
the Police Depari " ' time. At-

: ■. pi] ;d 'i ci mi] Lainl Ln bl Mun.i
url a i i nst the Cit; and iount, of San R'ran-
c ] sco , he has not ye1 served I on us . Ln the
event we do not agree to settle that matter now
he merely files a lawsuit, I believe, then serves

- 675 -

Us j we then recommend a settlement in court with
a judge and then its final. I think we can resolve
this matter right now and be done with it, which
will be the most fair thing to do."

Commissioner Siggins: "Let's hear from Officer
Winters . "

Officer Winters: "Commissioners, the accident re-
port made by a member of this Department differs
substantially from the facts presented by Mr. Martin.
Our officer's statement to the investigating officer
was that he passed the street car some three quar-
ters of a block previous to cutting into the track
lane and it was stopped waiting for oncoming traffic
for at least 5 seconds before he was struck. The
damage to the wagon is directly under the left rear
quarter which indicates he was in that lane and it
was not in the middle of the wagon as alleged. Mr.
Martin mentions the U-turn in a business district,
at the time the wagon was responding to an emergency
call and that section does not apply as long, as he
uses reasonable care in his driving. Our main ob-
jections, aside from the variances in the facts, the
Muni Driver left long before the investigating officer
arrived and also the Muni Inspector was gone before
our man arrived. We asked for some proof of the
plaintiffs specials and received no reply. The first
we heard of the adverse witnesses statements was when
the settlement proposal reached us. And Mr. Martin,
in the first statement that ffered to you neglects
to mention on line 7 of that statement the witnesses
comment about the m I orman. ' ;h1 have been in-
attentive as he did not slow,' so on that basis, I
don't see where the Police Department can be held
50$ libel in this. "

Commissioner Siggins: "Well, the damage was to the
left side of the Van' "

Officer Winter:-,: "It was exactly in the left rear
corner. "

Commissioner Siggins: "Which is not a rear end colli-
sion. "

Officer Winters: "It is more rear end than it is
broadside. "

Commissioner Siggins: "It would indicate that the
Van was somewhat diagonal to the "

Officer Winters: "It was somewhat diagonal and it
was pushed some 13 feet sideways by the street car
after it was struck."

- 676 -

Commissioner Siggins: "Did the driver of the
S ■■'.■in ini'Mcate he was making a U-turn?"

Officer Winters: "Yes, he pulled into the traffic
lane to make a U-turn to go to an emergency call
on the other side of the street."

Commissioner Toler: "What percentage do you
think the Department should be libel for?"

Officer Winters: "Well this may be somewhat biased,
but I would make it a 90/10 split."

Commissioner Siggins: "10/90?"
Officer Winters: "Muni's 90."

Commissioner Ciani: "Was the plaintiff's total
claim for about $2,000 and $75 dollars in medical?"

Officer Winters: "When he first filed the claim a
little bit less than a month after the accident he
asked for something like $25 j 000 in generals, $75,
000 In specials for medical and $2,000 in wage loss,
er pardon me $1,250 in wage loss at that time."

Commissioner Siggins: "How about putting it over
a week and let me talk to him, okay? Thanks Mr.
Martin. "

The Commission returned to item #10 on the Traffic
Calendar as Mr. Monroe Bela, the owner of the pro-
perty at 8l6 Larkin Street, The Larkin Theater,
appeared and appealed the recommended denial by the
Department of his application for a White Zone in
front of his Theater. After listening to his test-
imony, Chief Gain then changed the recon idatlon
of the Police Department from denial to grant and
it was unanimously approved by the Police Commission,

RECOMMENDATION OF THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendation of the
Traffic Bureau on the installation of zoning, for
the regulation of traffic on the public streets,
■, and the same is oved:

- 677 -

84 9A LEAVENWORTH STREET - CELESTIAL CLEANERS

a) At 849A Leavenworth Street, install a 22'
green zone, extending from south property
line 22' north of same.

1896-1888 GREEN STREET - GREEN ST. MARKET

a) At 1896-1888 Green Street, install a
22' green zone, extending from 29' to
51' east of Laguna Street.

460 CHERRY STREET - CHILDREN'S HOSPITAL

a) At 460 Cherry Street, install a 22'
Blue Zone, extending from 76' to 98'
east of California Street.

3750 CALIFORNIA STREET - CHILDREN'S HOSPITAL

a) At 3750 California Street, install a 44*
white zone, extending from 3' to 47' west
of western crosswalk at Commonwealth.

1840-1842 CLEMENT STREET - ALEJANDRO'S RESTAURANT

a) At 1840-1842 Clement Street, install a 24'
white zone, extending from east property
line 24' west of same.

3801 SACRAMENTO STREET - CHILDREN'S HOSPITAL

a) At 3801 Sacramento Street, install a 22'
Blue Zone, extending from bus stop 22'
west of same.

b) Revoke existing 22' white zone, extend-
ing from bus stop 22' west of same.

3838 CALIFORNIA STREET - CHILDREN'S HOSPITAL

a) At 3838 California Street, install a 22'
Blue Zone, extending from 47' to 69' west
of western crosswalk at Jordan.

b) Revoke existing 22' white zone, extending
from 47' to 69' west of western crosswalk
at Jordan.

- 678 -

t>75 BARNEVELD - CAL 1 i-'ORNIA SOUND ENGINEKK,:

a) At 475 Barneveld, install a 44' green
zone, extending from north building
Line 44' south of same.

b) Revoke existing 44' green zone at 495
Barneveld from south building line 44'
south of same.

3780 CALIFORNIA STREET - CHILDREN'S HOSPITAL

a) At 3780 California Street, revoke exist-
ing 44' yellow zone, extending from 50'
to 94' west of Commonwealth Street cross-
walk.

815 LARKIN STREET - THE CENTURY THEATER

a) At 8l6 Larkin Street, install an 18'
white zone, extending from 15' to 33'
north of south property line.

b) Remove meter LAR 808.

AYES: Commissioners Ciani, Sanchez, Toler,
Slegins

NOT VOTING: Commissioner Murphy

REVOKED

RESOLVED, that the recommendation of
the Traffic Bureau on the revocation of 132 feet
of white, yellow and green zones, at the parts of
the City, at the locations submitted, be, and the
same are hereby approved.

AYES: Commissioners Ciani, Sanchez, Toler,
SIggins

NOT VOTING: Commissioner Murphy

THE CLAIM OP JOHN J. WHELAN AGAINST THE CITY AND
COUNTY OF SAN FRANCISCO IN THE SUM OF $1,037-50
WAS HELD OVER FOR ONE (1) WEEK.

AYES: Commissioners Ciani, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Murphy

- 679 -

RESOLUTION NO. 504-79

RICHARD A. CAMARA

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim of
Richard A. Camara against the City and County of
San Francisco in the sum of $234.56 as the result
of a collision with a police vehicle, be, and the
same is hereby approved.

Date of Accident: May 27, 1979

AYES: Commissioners Ciani, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 486-79

ROBERT V. DUFPEE

RESOLVED^ that the recommendation of the
City Attorney for settlement of the claim of Robert
V. Duffee against the City and County of San Francisco
in the sum of $31.00 as the result of a faulty tow,
be, and the same is hereby approved.

Date of Incident: May 15, 1979

AYES: Commissioners Ciani, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 487-79

GREAT AMERICAN INSURANCE COMPANY

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of the
Great American Insurance Company against the City
and County of San Francisco in the sum of $167 • 67
as the result of damages sustained, be, and the same
is hereby approved.

Date of Incident: June 15, 1979

AYES: Commissioners Ciani, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Murphy

- 680 -

RESOLUTION NO. 488-79
C. FOLEY

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim of
C. Foley against the City and County of San Fran-
cisco in the sum of $71.00 as the result of a
faulty tow, be, and the same is hereby approved.

Date of Incident: November 14, 1978

AYES: Commissioners Ciani, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 489-79

POTENCIANI HU

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim of
Potenciana Hu against the City and County of San
Francisco in the sum of $26.50 as the result of
a faulty tow, be, and the same is hereby approved.

Date of Incident: June 17, 1979

AYES: Commissioners Ciani, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 490-79
LORNA D. LIPES

RESOLVED, that the recommendation of the
City Attorney for nettlement of the claim of Lorna
D. Lipes against the City and County of San Francisco
in the sum of $31-95 as the result of damages sus-
tained, be, and the same is hereby approved.

Date of Incident: April 25, 1979

AYES: Commissioners Ciani, Sanchez, Toler,

Siggins

NOT VOTING: Commissioner Murphy

- 681 -

RESOLUTION NO. 491-79
PHILLIP T. SCARBOROUGH

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of Phillip T. Scarborough against the City and
County of San Francisco in the sum of $52.66 as
the result of a faulty tow, be, and the same is
hereby approved.

Date of Incident: June 6, 1979

AYES: Commissioners Ciani, Sanchez, Toler,
Siggins

NOT VOTING; Commissioner Murphy

RECOMMENDATION OF THE CHIEF OF POLICE THAT DEPUTY
CHIEF JEREMIAH P. TAYLOR, INVESTIGATIONS BUREAU, BE
GRANTED PERMISSION TO ATTEND A TRAINING COURSE ON MAN-
AGEMENT OF THE INVESTIGATIVE FUNCTION AT SAVANNAH,
GEORGIA, FROM SEPTEMBER 9, 1979 TO SEPTEMBER 14, 1979,
INCLUSIVE. - CANCELLED.

RESOLUTION NO. 484-79

AUTHORIZING ATTENDANCE OF SERGEANT JAMES HALL,
NORTHERN STATION, SERGEANT RONALD JACKSON, CRIMES
SPECIFIC TASK FORCE, SERGEANT VICTOR WODE, PERSONNEL
AND TRAINING, AND POLICE OFFICER JOHN HENNESEY, CRIMES
SPECIFIC TASK FORCE, AT THE CHEMICAL AGENTS INSTRUCTORS •
COURSE AT STOCKTON, CALIFORNIA, FROM SEPTEMBER 11, 1979
TO S EP TE MBER 13, 1979, INC LUSIVE.

RESOLVED, that the recommendation of the
Chief of Police that Sergeant James Hall, Northern
Station, Sergeant Ronald Jackson, Crimes Specific
Task Force, Sergeant Victor Wode, Personnel and Train-
ing, and Police Officer John Hennesey, Crimes Specific
Task Force, be detailed to attend the Chemical Agents
Instructors ? Course at Stockton, California, from Sep-
tember 11, 1979 to September 13, 1979, inclusive, be,
and the same is hereby approved; and be it further

RESOLVED, that expenses incurred by Ser-
geant James Hall, Northern Station, Sergeant Ronald
Jackson, Crimes Specific Task Force, Sergeant Victor
Wode, Personnel and Training, and Police Officer John
Hennesey, Crimes Specific Task Force, in a sum not to
exceed $207.00 each, will be defrayed by the San Fran-

- 682 -

cisco Police Department's Police Officers' Train-
ing Fund,

AYES: Commissioners Ciani, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 492-79

TRAVELING EXPENSE VOUCHERS - APPROVED

RESOLVED, that the Traveling Expense
Vouchers submitted by the following-named members-
of the Police Department for expenses incurred in
attending the below-indicated program, be, and the
same are hereby approved:

Lieutenant Richard D. Klapp) $156.00 (At the Quarterly

Personnel & Training,

Sergeant Michael S. Hebel
Personnel & Training

) each (Meeting and Public
) (Hearing on the Basic
) (Police Training
) (Course at Los An-
(geles, California,
(on July 26, 1979
(and July 27, 1979,
(inclusive.

AYES: Commissioners Ciani, Sanchez, Toler,
Siggins

NOT VOTING:

Commissioner Murphy

RESOLUTION NO. 493-79

AUTHORIZING ATTENDANCE OP LIEUTENANT DANIEL J. MURPHY,
INTELLIGENCE UNIT, AT THE LAW ENFORCEMENT INTELLIGENCE
CONFERENCE AT ANAHEIM, CALIFORNIA, FROM SEPTEMBER 18,
1979 TO SEPTEMBER 21, 1979, INCLUSIVE.

RESOLVED, that the recommendation of the
Chief of Police that Lieutenant Daniel J. Murphy,
Intelligence Unit, be detailed to attend the Law
Enforcement Intelligence Conference at Anaheim, Cal-
ifornia, from September 18, 1979 to September 21,
1979, inclusive, be, and the same is hereby approved;
and be it further

- 683

RESOLVED, that expenses incurred by Lieu-
' nit Daniel J. Murphy, Intelligence Unit, In a
sum not to exceed $331.00, will be defrayed by the
San Francisco Police Department's Police Officers'
Training Fund.

AYES: Commissioners Ciani, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 49^-79

AUTHORIZING ATTENDANCE OF LIEUTENANT VICTOR MACIA,
INVESTIGATIONS-YOUTH SERVICES, AT THE MIDDLE MANAGE-
MENT DEVELOPMENT SEMINAR AT DALLAS, TEXAS, FROM
SEPTEMBER 10, 1979 TO SEPTEMBER 14, 1979, INCLUSIVE,

RESOLVED, that the recommendation of the
Chief of Police that Lieutenant Victor Macia, In-
vestigations-Youth Services, be detailed to attend
the Middle Management Development Seminar at Dallas,
Texas, from September 10, 1979 to September 14, 1979,
inclusive, be, and the same is hereby approved; and
be it further

RESOLVED, that expenses incurred by Lieu-
tenant Victor Macia, Investigations-Youth Services,
in a sum not to exceed $275-00 will be defrayed by
the San Francisco Police Department's Police Officers'
; n i ng Fund .

AYES: Commissioners Ciani, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Murphy

CHIEF'S REPORT TO THE POLICE COMMISSION

Chief Gain: "No report Commissioners."

RESOLUTION NO. ^96-79

REQUEST FOR A SUPPLEMENTAL APPROPRIATION FOR FIFTY (50)
8218 MUNICIPAL TRANSIT POLICE OFFICER POSITIONS

RESOLVED, that the Police Commission hereby

- 684 -

approves the request for a Supplemental Appropriation
In the amount of $515,760 to fund fifty (50) 8218
Muni Transit Police Officer positions for the period
beginning October 1, 1979, and ending June 30, 1980.

AYES: Commlssionars Ciani, Sanchez, Toler,

Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 497-79

REQUEST FOR A SUPPLEMENTAL APPROPRIATION FOR POLICE
EXPENDITURES RELATING TO THE GOLDEN DRAGON CASE.

RESOLVED, that the Police Commission hereby
approves the request for a Supplemental Appropriation
in the amount of $4,315.00 to fund transportation,
food and lodgings costs for police personnel who are
attending the trial of Tom Yu being tried in Santa
Barbara, California.

AYES: Commissioners Ciani, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 498-79

REQUEST FOR A SUPPLEMENTAL APPROPRIATION FOR
ADDITIONAL MANDATORY FRINGE BENEFITS FOR FISCAL
YEAR 1979-80

RESOLVED, that the Police Commission hereby
approves the request for a Supplemental Appropriation
in the amount of $25,028.00 to fund the Central Shop's
increased fringe benefit costs due to the Salary Stand-
ardization Ordinance for Fiscal Year 1979-80.

AYES: Commissioners Ciani, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Murphy

- 685 -

RESOLUTION NO. 499-79

REQUEST FOR A SUPPLEMENTAL APPROPRIATION FOR CONTIN-
UATION OF SENIOR CITIZEN EXCORT SERVICE HUD FUNDED
AREAS .

RESOLVED, that the Police Commission hereby
approves the request for a Supplemental Appropriation
to provide funds for continuing Service for the HUD
funded areas and program adminstration for the Senior
Citizen Escort Service in the amount of $281,535.00.

AYES: Commissioners Ciani, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 500-79

REQUEST FOR A SUPPLEMENTAL APPROPRIATION FOR CONTIN-
UATION OF SERVICE FOR THE SENIOR CITIZEN ESCORT SERVICE
PARKING TAX BOUNDARIES.

RESOLVED, that the Police Commission hereby
approves the request for a Supplemental Appropriation
in the amount of $119,581.00 for the Senior Citizen
Escort Service for the period of August 31 » 1979
through January 31, 1980.

AYES: Commissioners Ciani, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Murphy

SETTING OF DATE FOR PUBLIC HEARING RELATIVE TO PRO-
POSED GENERAL ORDER REGARDING CHANGE OF DISTRICT STATION
BOUNDARIES, CENTRAL/NORTHERN - PUBLIC HEARING SET FOR
MEETING OF AUGUST 15, 1979.

AYES: Commissioners Ciani, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Murphy

REQUESTING APPROVAL OF PROPOSED GENERAL ORDER REGARDING
TAXICAB REGULATIONS. (CONTINUED FROM MEETING OF AUGUST
1, 1979).

Commissioner Siggins: "We just had an informal discus-
sion with some of the taxicab people and I am not sure

- r,R6 -

they knew this was on tonight."
Commissioner Toler: "Were they informed?"

Commissioner Siggins: "I don't know, but they have
seen practically aJ I of this anyway, haven't they?"

Robert Byrne: "They have seen everything except
the ones you have asked to have added Commissioner
Siggins, and that's the picking up and dropping off,
and they have seen it as an added item."

Commissioner Ciani: "What are the changes, can
you just summarize these?"

Robert Byrne: "The only change that the members
have not been able to give input on are the ones
on page 35 subdivision e & f, regarding geographical
limitations on evading solicitations. These were
added at the request of President Siggins a couple
of meetings ago."

Commissioner Siggins: "We could still put it over
for a week and let them take a look at it."

Robert Byrne: "Well we certainly can, as I say,
to give them an opportunity to r;ive input."

Commissioner Ciani: "I was prepared to resolve
this the last time it came up."

Chief Gain: "As I recall the discussion last week
was to place it on for tonight and adopt it with
the understanding that any necessary changes could
be made in the future . "

Commissioner Siggins: "Oh, that's right, these
are Orders that.... they are your' Orders anyway."

Chief Gain: "Yes, they are Chief's Regulations,
and as we explained before we are asking the Com-
mission to adopt them in General Order format be-
cause the Commission would be the one to apply sanc-
tions if there were violations."

Commissioner Toler: "I so move."

Commissioner Ciani: "Could I just clarify the lang-
uage of P on page 3? 'No taxicab driver shall refuse
if so directed by the permit holder to solicit pro-
spective passengers."

- 687

Robert Byrne: "That's to take into account a
situation where say the permit holder or the
owner of the company says, 'I want you to go out
and work in Hunterspoint today, ' and he can not
then thereupon say, 'no, I am not going out there.'"

Commissioner Clani: "Oh, I see, okay, 1 would
second the motion."

Commissioner Siggins: "Okay, question, all in
favor?"

AYES: Commissioners Ciani, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO.^95-79

REQUESTING APPROVAL OF PROPOSED GENERAL ORDER REGARD-
ING TAXICAB REGULATIONS.

RESOLVED* that the Police Commission hereby
adopts the proposed General Order regarding Taxicab
Regulations .

AYES: Commissioners Ciani, Sanchez, Toler
Siggins

NOT VOTING: Commissioner Murphy

HEARING RELATIVE TO TERMINATION OP RECRUIT OFFICE^

ARMANDO CORDOBA

The hearing relative to the termination of
Recruit Officer Armando Cordoba was called, it having
been set for this date.

Recruit Officer Armando Cordoba appeared
in person and was represented by Police Officer Paul
Chignell, Station Representative S.F.P.O.A. Officer
Chignell presented oral evidence as to why the Com-
mission should overrule Chief Gain's Termination Order
imposed upon Recruit; Officer Armando Cordoba.

Mr. Lawrence Wilson, Attorney at Law, re-
presenting the Police Department, requested approval

- 688 -

by the Commission of Chief of Police Charles R
Gain's Termination Order of Recruit Officer
Armando Cordoba.

Officer Chignell, then gave a chrono-
Legloa] sequence of the events and correspondence

leading to and concluding with the Termination
Order of Recruit Officer Armando Cordoba.

Officer Chignell then called the below-
listed persons who were sworn and testified:

Recruit Officer Armando Cordoba

Sergeant Michael S. Hebel
Personnel & Training

A closing statement was then made by
Officer Chignell.

A closing statement was also made by Mr.
Wilson.

The Police Commission, after listening
to testimony frOm above parties, took the matter
under submission, after which the following reso-
lution was adopted:

RESOLUTION NO. 501-79

DECISION - HEARING RELATIVE TO TERMINATION OF
RECRUIT OFFICER ARMANDO CORDOBA

WHEREAS, on January 24, 1979, Chief of
Police Charles R. Gain, terminated Armando Cordoba
as a Recruit Officer of the San Francisco Police
Department for failure to meet the academic stand-
ards of the San Francisco Police Academy as contained
in Item 3 (on page 37) of Recruit School Operations
Manual, in that he failed both Test I and the retest
given after remedial instructions; and

WHEREAS, it was discovered that because
Recruit Officer Armando Cordoba was under a temp-
orary appointment and being paid with other than Ad
Valorem funds, the Chief's Termination Order could
not be final until approved by the Police Commission;
and

WHEREAS, a hearing on said termination of
Recruit Officer Armando Cordoba was heard before the
Police Commission in accordance with Section 3.501
of the Charter of the City and County of San Francisco

- 689 -

on Wednesday, August 8, 1979, and on Wendesday,
August 8, 1979, the matter was submitted to the
Police Commission for decision; and

WHEREAS, the Police Commission finds that
the Chief b Termination Order modi; ■m.i luipiKK-d upon
Hecrult Officer Armando Cordoba is Justified and

proper; therefore be it

RESOLVED, that it is the order of the
Police Commission that the Chief's Termination
Order made and imposed on Recruit Officer Armando
Cordoba, be, and the same hereby affirmed and
approved.

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

AYES: Commissioners Ciani, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Murphy

HEARING RELATIVE TO THE TERMINATION OF RECRUIT
OFFICER VALCOUR L. EUGENE.

The hearing relative to the termination of
Recruit Officer Valcour L. Eugene was called, it hav-
ing been set for this date.

Recruit Officer Valcour L. Eugene appeared
in person and, representing himself, presented oral
and written evidence as to why the Commission should
overrule Chief Gain's Termination Order.

Mr. Lawrence Wilson, Legal Office, repre-
senting the Police Department asked that the matter
be continued until at such time those members of the
Police Academy as mentioned by Officer Eugene could
be present to testify as to the Academy curriculum,
testing procedures and attitudes of the instructors
involved.

The Commission then adjourned at 20^0 hours
and continued the hearing relative to the Termination
of Recruit Officer Valcour L. Eugene, to Wednesday,
August 15, 1979, at 5:30 p.m., in Room 551, Hall of
Justice .

AYES: Commissioners Ciani, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Murphy

- 690

HEARING RELATIVE TO THE TERMINATION OP POLICE
OFFICER NANCY FADHL

The hearing relative to the termination
of Police Officer Nancy Padhl was called, it having
ihmmi m,i for Hii a da1 e.

Police Officer Nancy Fadhl appeared in
person and was represented by Ms. Andrea Teper,
Attorney at Law.

Mr. Lawrence Wilson, Attorney at Law, Legal
Office, represented the Police Department.

The Commission, after listening to state-
ments by Defense and Prosecution attorneys, took the
matter under submission, after which the following
resolution was adopted:

RESOLUTION NO. 502-79

DECISION - HEARING RELATIVE TO THE TERMINATION OF
POLICE OFFICER NANCY FADHL

WHEREAS, &n October 20, 1978, Chief of
Police Charles R. Gain, terminated Nancy Fadhl
as a Police Officer of the San Francisco Police
Department for failure to meet the field performance
standards of the San Francisco Police Department
Training Program; and

WHEREAS, it was discovered that because
Police Officer Nancy Fadhl was under a temporary
appointment and being paid with other than Ad Valorem
funds, the Chief's Termination Order could not be
final until approved by the Police Commission; and

WHEREAS, a hearing on said termination of
Police Officer Nancy Fadhl was heard before the
Police Commission in accordance with Section 3.501 of
the Charter of the City and County of San Francisco
on Wednesday, August 8, 1979, and on Wednesday, Aug-
ust 8, 1979, the matter was submitted to the Police
Commission for decision; and

WHEREAS, the Police Commission finds that
the Chief's Termination Order made and imposed upon
Police Officer Nancy Fadhl is justified and proper;
therefore be it

RESOLVED, that it is the order of the Police
Commission that the Chief's Termination Order made and

- 691 -

imposed upon Police Officer Nancy Fadhl, be, and
t'he same hereby affirmed and approved.

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

AyES: Commissioners Ciani, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Murphy

HEARING RELATIVE TO THE TERMINATION OF POLICE
OFFICER JAMES K. MAH

The hearing relative to the termination
of Police Officer James K. Mah was called, it hav-
ing been set for this date.

Officer Mah, having been notified well
in advance of the hearing, did not appear, nor
did he send a representative in his behalf.

Mr. Lawrence Wilson, Attorney at Law,
representing the Police Department requested the
Commission's approval of Chief of Police Charles
R. Gain's Termination Order of Police Officer
James K. Mah.

The Commission took the matter under sub-
mission, after which the following resolution was
adopted:

RESOLUTION NO. 503-79

DECISION - HEARING RELATIVE TO THE TERMINATION OF
POLICE OFFICER JAMES K. MAH

WHEREAS, on January 12, 1979, Chief of
Police Charles R. Gain, terminated James K. Mah
as a Police Officer of the San Francisco Police
Department for failing to achieve the minimum accept-
able standard for field performance for a person en-
gaged in patrol duties in the San Francisco Police
Department; and

WHEREAS, it was discovered that because
Police Officer James K. Mah was under a temporary
appointment and being paid with other than Ad Valorem
funds, the Chief's Termination Order could not be
final until approved by the Police Commission; and

12 -

WHEREAS, a hearing on said termination
o'f Police Officer James K. Man was heard before
the Police Commission in accordance with Section
3.501 of the Charter of the City and County of
San Francisco on Wednesday, August 8, 1979, and
on Wednesday, August 8, 197^, the matter was sub-
fcfcOd to I lie Poll (!«.' i'miiiiiiI ;wi I .hi I'm' dec LSlOHS

and

WHEREAS, the Police Commission finds
that the Chief's Termination Order made and im-
posed upon Police Officer James K. Mah is justi-
fied and proper; therefore be it

RESOLVED, that it is the order of the
Police Commission that the Chief's Termination
Order made and imposed upon Police Officer James
K. Mah, be, and the same hereby affirmed and ap-
proved.

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

AYES: Commissioners Ciani, Sanchez, Toler,

Slggins

NOT VOTING: Commissioner Murphy

The Commission then adjourned its meeting
at 20^40 hours.

f i ' I !

15 AUGUST 1979 REGULAR MEETING

Th^'Police Commission of the City and
County of>£an Francisco met in their chambers,
Room '551) Hall of Justice, 850 Hryant Street, on
Wednesday, August 15, 1979 at 1730 hours in regular
session .

PRESENT: Commissioners Murphy, Sanchez, Toler
Siggins

NOV 5 1979

DOCUMENTS DEPT.
S.F. PUBLIC LIBRARY

ABSENT: Commissioner Ciani
Commissioner Siggins presiding.

RECOMMENDATION OP THE AWARDS COMMITTEE

Commissioner Siggins: "Fellow Commissioners, I was
planning to Chair the Awards Committee meeting on
Friday, August 10th, but I was called out of town
and in my place Deputy Chief of Field Operation:;,
Kevin Mullen was the Chairman and lie has reported
the results to us . There were 31 Medal of Valor
Awards. One Gold, 12 Silver and 18 Bronze. I have
gone through the Commendation Awards and I have also
contacted Deputy Chief Mullen and have learned that
in so far as the votes as to the Bronze Medals of
Inspectors Charles Brewster and Roy Hicks and also
the award of Bronze Medals to Police Officers Dennis
Dillard and Michael Gonsolin which were so close to
the Silver Medal, wherein all four were involved in
a fire at the Atlanta Hotel at 7th and Mission and
saved many lives. All four were there before the
Fire Department arrived. Two people reported to
the Sergeant there that they would not be alive today
if it had no1 been for the heroic efforts of these
officers. I am sure that I would have voted for
at least a Silver Medal of Valor, and I would l:
that a motion be made that the Bronze Medal of VaJor
Awarded to Inspectors Brewsti r an I HJ k1. and Poll
Officers Dillard and Gonsolin I nged and up-
;r led bo a SJ lver Meda 1 of Va Loi Por i

Commission! r Murphy : "I •

Ci imm " . Lon < T> >ler : "1 second motion. "

Ci mini Lsaloner ."• i gg Lna: "Qui (at Ion, til Ln Fa v< ir? "

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

- I. nil

Commissioner Siggins: "Thank you, now we do have
one Gold Medal of Valor and I will make special
mention of that at a subsequent meeting. Now may
we have a motion on the acceptance of the Awards
Committee recommendations?"

Commissioner Sanchez: "I would move acceptance
of the Awards Committee recommendations."

Commissioner Murphy: "Second."

Commissioner Siggins: "Okay, all in favor?"

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

The matter was then scheduled for presentation of
the Awards of Valor, Medals and/or Stars and Certi-
ficates for August 29, 1979.

RESOLUTION NO. 516-79

RECOMMENDATION OF THE AWARDS COMMITTEE - APPROVED

RESOLVED, that the following-named mem-
bers 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 5-119 and 5.131 of the Rules and Procedures
of the San Francisco Police Department, as approved
by the Awards Committee on Friday, August 10, 1979:

Assistant Patrol Special

Officer Steven Patrick Mroz Gold Medal of Valor

^Inspector Charles E. Brewster Silver Medal of Valor

*Inspector Roy C. Hicks Silver Medal of Valor

Assistant Inspector Thomas
J . Gerard

ver Medal of Valor

Police Officer Bob C. Davis Silver Medal of Valor

*pniice Officer Dennis W. Dillard. . .Silver Medal of Valor

Police orficer Robert W. Donsbach . .Silver Medal of Valor

Police Officer Victor E. Fleming ... Si Iver Medal of Valor

*Police Officer Michael L. Gonsolin . Silver Medal of Valor

- 69'

Police Officer Charles T. Grett on. .Silver Medal of Valor-
Police Officer William D. Langlois .Silver Medal of Valor

Police Officer Lee A. McVeigh Silver Medal of Valor

Police Officer William D. Sowell ... Silver Medal of Valor

Police Officer Stephen J. Venters .. Silver Medal of • Valor

Police Officer Harold F. Winkler ... Silver Medal of Valor

Patrol Special Officer Alfred

Grenci Silver Medal of Valor

Patrol Special Officer Bruce

M. Lowe Silver Medal of Valor

Police Officer Daniel B. Boden Bronze Medal of Valor

Police Officer Louette M.

Colombano Bronze Medal of Valor

Police Officer Timothy J. Connell. .Bronze Medal of Valor

Police Officer Edbert T. Dare Bronze Medal of Valor

Police Officer Kevin M. Gotchet ... .Bronze Medal of Valor

Police Officer Leonard G. Jeong. .. .Bronze Medal of Valor

Police Officer Leslie D. Krakowsky . Bronze Medal of Valor

Police Officer Mark E. Laherty Bronze Medal of Valor

Police Officer Michael D. Lee Bronze Medal of Valor

Police Officer James R. Long Bronze Medal of Valor

Police Officer Michael P. Ma 11 en. . .Bronze Medal of Valor

Police Officer Michael N. Maloney .. Bronze Medal of Valor

Police Officer Thomas R. Taylor .... Bronze Medal of Valor

Police Officer Marty L. Way Bronze Medal of Valor

*Changed from Bronze Medal of Valor t< Silver Medal of
Valor on recommendation of th ' '" 'ommission.

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: CommJ i Lorn r ' an1

RESOLUTION NO. 517-79

REWARDS GRANTED TO MEMBERS OF THE POLICE DEPARTMENT.

WHEREAS, the following-named members of

696 -

the Police Department have been commended for
courageous service under the provisions of Sec-
tions 5.H9 and 5.131 of the Rules and Procedures
of the San Francisco Police Department at a meet-
ing of the Police Commission held on Wednesday,
August 15, 1979; and

WHEREAS, Chief of Police Charles R.
Gain has recommended to the Police Commission
that the said members be rewarded under the pro-
visions of Section 8.405 (a) (4) of the Charter
of the City and County of San Francisco; there-
fore be it

RESOLVED, that Assistant Patrol Special
Officer Steven Patrick Mroz, be, and he is hereby
awarded a Gold Medal of Valor and granted a re-
ward of $200.00 as provided for under said sec-
tion of the Charter; and be it further

RESOLVED, that Inspector Charles E.
Brewster, Inspector Roy C. Hicks, Assistant In-
spector Thomas J. Gerard, Police Officers Bob
C. Davis, Dennis W. Dillard, Robert W. Donsbach,
Victor E. Fleming, Michael L. Gonsolin, Charles
T. Gretton, William D. Langlois, Lee A. McVeigh,
William D. Sowell, Stephen J. Venters, Harold F.
Winkler, Patrol Special Officers Alfred Grenci
and Bru^e M. Love; he. and the 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 Police Officers Daniel
B. Boden, Louette M. Colombano, Timothy J. Connell,
Edbert T. Dare, Kevin M. Gotchet, Leonard G. Jeong,
Leslie D. Krakowsky, Mark E. Laherty, Michael D.
Lee, James R. Long, Michael P. Mallen, Michael N.
Maloney, Thomas R. Taylor, and Marty L. Way, 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 Chart-

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

VOTING: Commissioner

APPROVAL OF THE CONSENT CALEN!

Commicsioner Siggin. : "There was one carry over,
the claim of John Whelan, and I think I will refer
that back to the Legal Department. I did my job
of contacting him and he never accepted the offer

- 607 -

that I suggested. Let's continue that one for
another week and I will be in touch with Mr. Byrne
of the Legal Office."

RECOMMENDATION OF THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendation 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:

435 MONTEREY BOULEVARD - SUNNYDAY NURSERY

a) At 435 Monterey Boulevard, install a 22'
white zone, extending from east building
line 22' east of same.

3920 MISSION STREET - ROBLES FIRE PROTECTION INC

a) At 3920 Mission Street, install a 16'
yellow zone, extending from 3' to 19'
north of the south building line.

2355 OCEAN AVENUE - S.F.P.D,

a) At 2355 Ocean Avenue, revoke existing

20' green zone, extending from 3' to 23'
east of driveway to 2355 Ocean Avenue.

2301 OCEAN AVENUE - S.F.P.D.

a) At 2301 Ocean Avenue, revoke existing

50' green zone, extending from 6' to 56'
east of Paloma Avenue.

2315 OCEAN AVENUE - S.F.P.D

a) At 2315 Ocean Avenue, rev 1. ..;.-i

36 ' yi Llov zone, > xi.'-n'l i nr. i>. ' *■'<" '" >• |J
walks opposite Santa Ana Avenue.

2369 OCEAN AVENUE - S.F.P.D,

a) At 2369 Ocean Avenue, revoke existing

42' green zone, extending from west line
of 2369 Ocean Avenue 42' east of same.

- i>o8 -

42 5 MONTEREY BOULEVARD - S.P.P.D.

a) At 425 Monterey Boulevard, revoke

existing 22' yellow zone, extending
from 6' to 28' west of east property
line.

3908 MISSION STREET - S.F.P.D.

a) At 3908 Mission Street, revoke exist-
ing 22' yellow zone, extending from
north property line 22' south of same

782 MINNESOTA - S.F.P.D.

a) At 782 Minnesota Street, revoke exist-
ing 18 ' yellow zone, extending between
driveways .

AYES: Commissioners Murphy, Sanchez, Toler,

Siggins

NOT VOTING: Commissioner Cianl

REVOKED

RESOLVED, that the recommendation of
the Traffic Bureau on the revocation of 210 feet
of green and yellow zones, at the parts of the
City, at the locations submitted, be, and the
same are hereby approved.

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

CLAIM OP JOHN J. WHELAN IN THE AMOUNT OF $1,037-50
(CONTINUED FROM THE MEETING OF AUGUST 8, 1979) -
CONTINUED ONE WEEK.

RESOLUTION NO. 515-79

NORMAN R. REYNOLDS

RESOLVED, that the recommendation of
the City Attorney for settlement of litigation

- 699 -

of Norman R. Reynolds in the sum of $1,250.00 In
Superior Court Action No. 710-827, entitled "Norman
R. Reynolds 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: December 17, 1975

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

RESOLUTION NO. 505-79

DOROTHY SMITH & STATE
FARM INSURANCE CO.

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim of
Dorothy Smith and the Stat" Farm [nsurance Company
against the City and County of San Francisco in
the sum of $526.^3 as the result of a collision
with a police vehicle, be, and the same is hereby
approved .

Date of Accident: May 7, 1979

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

RESOLUTION NO. 506-79

MASH ARCHER & GOLDEN GATE
GLASS & MIRROR CO. INC.

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Mash
Archer & Golden Gate Glass and Mirror '<■>., Inc. against
the City and County of San Francisco in the sum of $230
80 as the result, of damages sustained, be, and the
same is hereby approved.

Date of Incident: September 2H, 1978

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

- 7 on -

RESOLUTION NO. 507-79

DOUGLAS ELLIOTT & GOLDEN GATE
GLASS & MIRROR CO. INC.

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of Douglas Elliott & Golden Gate Glass & Mirror
Co., Inc. against the City and County of San
Francisco in the sum of $229.78 as the result
of damages sustained, be, and the same is hereby
approved.

Date of Incident: September 24, 1978

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

RESOLUTION NO. 508-79

PAUL R. ZELASKO

RESOLVED, that the recommendation of
the City Attorney for settlement of litigation
of Paul R. Zelasko in the sum of $500.00 in United
States District Court Action No. C-78-2286RHS
entitled "Paul R. Zelasko 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: January 30, 1978

AYES: Commissioners Murphy, Sanchez, Toler,
S ' gg i ns

NOT VOTING: Commissioner Ciani

RESOLUTION NO. 509-79

POLICE NARCOTIC FUND - APPROVED

RESOLVED, that the Controller be, and
he is hereby c< >>> > I i draw a vouchi r Ln favor

of Chief of Police Charles R. lain Ln the amount
of $6,000.00 charging same to Firm To. 355081 2010
133 01 as an advance on the Police Narcotic Fund

7 m -

for the month of August, 1.979

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Cian.i

RESOLUTION NO. 510-79

POLICE CONTINGENT FUND - APPROVED

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 $4,000.00 charging same to Firm No. 355081 2010
132 01 as an advance on the Police Contingent Fund
for the month of August 1979.

AYES: Commissioner:; Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Clani

RESOLUTION NO. 511-79

AUTHORIZING ATTENDANCE OF LIEUTENANTS LIONEL HESS,
SOUTHERN STATION, ROBERT KAFKA, SOUTHEAST STATION,
GEORGE LOCKHART, MISSION STATION, AND LEWIS WERLE,
SUPPORT SERVICES, AT A MIDDLE MANAGEMENT TRAINING
COURSE AT SAN DIEGO, CALIFORNIA, FROM SEPTEMBER 24,
1979 TO OCTOBER 5, 1979, INCLUSIVE.

RESOLVED, that the recommendation, of the
Chief of Police that Lieutenants Lionel Hess, Southern
Station, Robert Kafka, Southeasl Sta1 Lon, George Lock-
hart, Mission Station, and Lewi. | ., Support Ser-
vices, be detailed to attend a Middle Management Train-
ing Course at San Dio^o, California, Prom September 24,
1979 to October 5, 1979, Inclusive, be, and the same
I hereby approved; and be fui

RESOLVED, that expert. Lnc r-red by Lieuten-

ants Lionel H< ss, Southern S1 ition, I oberl Kafka, South-
east Station, George Lockhart, Mi: Lon Station, and
Lewis Werle, Support Services, In a .urn not to exceed
^623.00 each, will i>n d<'(V ;. .•■! i ih" ."..-in Francisco'
Police Department's Police Officer: ' Training Fund.

AYES: Commissioners I-lurphy , Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

. 702 -

RESOLUTION NO. 512-79

AUTHORIZING ATTENDANCE OF SERGEANT DAVID WINN AND
POLICE OFFICER JEREMIAH MORGAN, CRIMES SPECIFIC
TASK FORCE, AT THE BOMB SQUAD EQUIPMENT AND TECH-
NIQUES SEMINAR AT SANTA CLARA, CALIFORNIA, FROM
AUGUST 13, 1979 TO AUGUST 15, 1979, INCLUSIVE.

RESOLVED, that the recommendation of the
Chief of Police that Sergeant David Winn and Police
Officer Jeremiah Morgan, Crimes Specific Task Force,
be detailed to attend the Bomb Squad Equipment &
Techniques Seminar at Santa Clara, California, from
August 13, 1979 to August 15, 1979, inclusive, be,
and the same is hereby approved; and be it further

RESOLVED, that expenses incurred by Ser-
geant Winn and Police Officer Morgan, Crimes Specific
Task Force, in a sum not to exceed $100.50 each,
will be defrayed by the San Francisco Police Depart-
ment. ' s Pi i i I ce Officers ' Tra ! n I ng Fund .

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

RESOLUTION NO. 513-79

TRAVELING EXPENSE VOUCHER - APPROVED

RESOLVED, that the Traveling Expense
Voucher submitted by the following-named member
of the Police Department for expenses incurred
in attending the below-indicated program, be, and
the same is hereby approved:

Lieutenant Alan Larkin) $632.00 (At a Middle Man-
Investigations Bureau ) (agement Training

urse, at San Diego,
1 i fornia, from
(July 23, 1979 to
(August 3, 1979, in-
(clus ive.

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

70 ■; -

RESOLUTION NO. 514-79

AUTHORIZING ATTENDANCE OF LIEUTENANT CHARLES BEENE,
CRIMES SPECIFIC TASK FORCE, AT THE UNUSUAL INCIDENT
COMMAND SEMINAR AT SANTA ROSA, CALIFORNIA, FROM
AUGUST 22, 1979 TO AUGUST 24, 1979, INCLUSIVE.

RESOLVED, that the recommendation of
the Chief of Police that Lieutenant Charles Beene,
Crimes Specific Task Force, be detailed to attend
the Unusual Incident Command Seminar at Santa Rosa,
California, from August 22, 1979 to August 24, 1979,
inclusive, be, and the same is hereby approved; and
be it further

RESOLVED, that expenses incurred by Lieu-
tenant Charles Beone, Crimes Specific Task Force,
in a sum not to exceed $160.50, will be defrayed by
the San Francisco Police Department's Police Officers'
Training Fund.

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

CHIEF'S REPORT TO THE POLICE COMMISSION

Chief Gain: "No report Commissioners."

Commission Murphy: "Do you have anything other than
what has been in the newspapers about the Transit
situation, the 22 bus, the 5, and ^o on?"

Chief Gain: "Well, it was pretty well reported there
as to the need of personnel which has been concentrat-
ed on particular buses to combat those problems."

Commissioner Murphy: "I have been very concerned
about this because this isn't thi only way the young
people are spending their summer Ln anti-social ways.
Those kids are out in the Mission drag racing, or
whatever they call It now . Low riders? And I really
think, although I am certainly not against policing it
and being as firm as possible and start preventing as
much as possible. On the other hand I think it is
symptomatic of something much more important than the
policing part of Lt and I really think if we could, Ln
some way, get with Park and Recreation and other civic
organizations to see if wo can provide some kind of
social outlet for these unemployed youths most of whom
are unemployed in every way, either monetarily and

- 704 -

otherwise, I really think it would be worthwhile.
It would be a good expenditure of some money and
I don't know how to get that over to the powers
to be but that would be my feeling and I would
like to make a motion that the Police Commission
request that you (Chief) take this suggestion to
whomever would be responsible for it. I assume
the Mayor's Office."

Commissioner Toler: "I would second Commissioner
Mirphy's motion."

Commissioner Sanchez: "Yes, I would like to speak
to that motion if I might. I would support it
in full context . But pertaining to some of the
problems in the Mission and the Lowriders, quote,
unquote, I would just like to make a few comments
on that. There have been numerous meetings. I
have been gone for a couple of weeks but prior to
that there have been various meetings with the Low-
rider Organizations and the Organizations themselves
have a very high standard of discipline, both in
reference to car safety requirements, as to drinking,
smoking, etc., etc. There is a Lowrider exhibit of
paintings and art work on 24th and Bryant, which I
had a chance to view yesterday and it really is an
outstanding exhibit and demonstrates a number of,
perhaps, innovations that the kids are involved in.
The fact of the matter is that most of the lowriders
themselves belong to the formal clubs. They have
Invested a substantial amount of dollars into these
cars as far as maintenance, and chopping, and chan-
neling them, etc., and the upholstery work, and
whatever, and they have very strict rules and guide-
lines. It's my understanding that the Mission Police
Station has been working with the Park and Rec to find
options for the kids as far as places for them to meet
safely, such as Bordens plan which is on Potrero and
26th Street and Utah there, and perhaps Candlestick
Park, if that would be available, or whatever, but
under supervision, etc. So the Department is doing
a lot of creative ideas and is working with the
youth groups, but many of the problems are coming
from San Jose, from Concord, from across the bay, etc..
Fremont, you name it. And this is creating the pro-
blem;:. It':-' not the Lowriders Clubs themselves. Lt's
the fact that it's an attraction bo follow the Low-
rider Clubs and to have a car bhal you think is souped
up, and chopped, and whatever, ai d Lt doesn't meet
minimum safety standards, or cannot oven get into
the club and, of course, you are getting this group
in there now and that's where sorm of the difficulties
are. But the communication lines were open and 1
assume they still are, and I bi neve the Department

working with the Chief and with the Captain out
there to insure that some of thi ids do have some
creative options and to work within the structure
of the law and the ordinance and tin community organ-
izations . "

- 7"'. -

Commissioner Murphy: "Well, that's very encourag-
ing. I do know, and I think however, there Is a
deeper problem than just keeping the 22 safe, or
the number 5 safe, or whatever. I know you can't
have 60 or 70 percent youth unemployment in the Bay-
view Hunterspolnt area arid expect a great feeling
of propriety going on. It just isn't possible. And
I think I have heard reports that some of the swimming
pools aren't open anymore, for example. There are,
of course, some of the results of 13, that they are
having to spend even more money than we would normally,

Commissioner Siggins: "All in favor?"

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

Commissioner Sanchez: "Could I follow up on that
point too, because it's sort of after, or perhaps,
towards the tall end of summer. i guess prior to
the summer we had asked the Chief to respond to us
sometime during the summer about what sources of
prevention we were utilizing as far as the utiliza-
tion of the Hondas, the Vespas, etc., especially in
the Park and Rec areas, not only in Golden Gate Park
but all over the City. Garfield Park, you know,
Hunterspoint, Bayview, Southpark area, Bernal Heights,
etc., etc., and the Chief has responded with two
position papers both in reference to the utilization
of the Vespas which, evidently, seem to be non-func-
tional. I guess all of them, and perhaps, you
might be utilizing those for the Park and Rec police,
and then also, I guess the Honda Bike Patrol which
seems as if, I just read it this evening, here is
an area where we might be able to increase perhaps
the number of Hondas, and utilize them in perhaps a
number of areas throughout the city rather than just
concentrate them in maybe, here it says like the Park
and Beach, mostly in the Golden Gate Park and Candle-
stick Park. There are other utili: Li ns such as
Mission Dolores, Garfield and etc., etc., Bernal
Heights up around that area and it's ■. creative
use, prevention and "

Chief Gain: "Would the CommJ ke to have ... say

schedule this for next week and have some Staff

members here to discuss in moi 'I the subject,

the use, and whatever. I thin] ,;. might be beneficial
Would you like to do that?"

Commissioner Siggins: "Yes."

Chief Gain: "We could calendar it for next week and
I can have appropriate Staff members here to present
a thorough discussion of it."

_ 706 -

Commissioner Murphy: "Which are the Vespas and
which are the Hondas?"

Chief Gain: "The Vespas are a little small motor
scooter-type thing."

Commissioner Murphy: "Are they used by the meter-
maids?"

Chief Gain: "No. We can have a Vespa and Honda
here because perhaps the Commissioners would like
to see the differences between them."

Commissioner Sanchez: "Or through the Chair, perhaps
I might bring up another topic which was part of the
Chief's written report. This pertains to the Status
Report of the Q2 Exam and, Initially, I think I only
have a minute so I can't check it, but I know that
some of us, myself in particular, voiced not a con-
corn but some statements pertaining to the forth-
coming, at that time, oral examinations. And I wanted
to find out who would be staffing these oral examina-
tions from the Civil Service Commission and Staff to
insure that there were some standards that were 'constant
for all applicants rather than just, as an example,
have three picked at random who would be interviewing
one or two kids, or whatever, I am just throwing this
out as a hypothetical case, the reason why I am bring-
ing this up is because I have heard some concerns
from some people who took oral exams that evidently
there were some inconsistencies perhaps, or perhaps the
questions were not standard, or maybe the people on
a particular panel had different types of questions
and responses that they expected of the candidates and
some others and I know that there was preparation for
this part, and I am just wondering If perhaps we could
have some data on the numbers who actually took the
oral, and plus the physical exam too, and those who
passed it, and those who did not, and if we might even
have it in more detail, especially Lf there are some
complaints coming if, indeed, there is a pattern here,
then maybe we should be looking into that or else the
civil Service Commission should U< Looking .-it i i or
else, for example, the Auditor Monitor should be look-
ing into that. I was going to dis :uss this with him
at some point tomorrow because I have heard some things
about it and I just wanted to make . ure that again,
that there is a pattern of consistency and the stan-
dards are applicable for all, both in reference to
the oral and also to the physical, although the phy-
sical would be pretty standard anyway, and I just
wanted to raise this becau ■ I had raised it previously
prior to the admission, and now that it has been given,
I want to find out how many did pass, fall, flunk, or
whatever, and if we can have a much wider view, I would
appreciate it . "

- 70? -

Chief Gain: "Can we do this, can we schedule it
for two weeks hence and then we can ask a member
of the Civil Service Department to come who is
knowledgeable in that area, we will give you a
report in advance and then have a Civil Service
person speak to it if that is your pleasure?"

Commissioner Murphy: "Yes, but I want to be sure
that the person that comes isn't just representing
the Civil Service Commission because they happen to
be a Staff member, but I want somebody who really
knows about it because I think the last person we

had testifying on it, the
little about the process,
about it."

exams, really knew very

or didn't seem to know much

Commissioner Sanchez: "I guess we want somebody
who is involved in the administration of the oral
exam and so in this way we could at least under-
stand what, in fact, did go on, not a second hand
report of what they thought went on."

Commissioner Siggins: "Commissioner Sanchez, you

are not indicating are you, that in an oral part

of an examination that everybody is asked the same
question?"

Commissioner Sanchez: "I don't know. I have no idea

of what the criteria was or what basic I don't

know, I have no idea."

Commissioner Murphy: "Well, It's not customary that
they have a set of questions. I don't believe... I
have sat on many an oral, not for the police depart-
ment, but others."

Chief Gain: "This one was very standardized."

Commissioner Murphy: "Very structured?"

Chief Gain: "Very structured. So we will have pro-
bably Mr. Jeff Rothman if he can make Lt . Someone
who is really knowledgeable about the whole process."

Commissioner Murphy: "Good."

Commissioner- Sanchez: "Fine, thanP .you."

Commissioner Siggins: "In that regard, personal
history forms are being sent to certain people and
another letter is being sent to others?"

_ 708 -

Chief Gain: "There is a personal history form
that will be sent and is being sent to the top
100 of the 1st 600 people, based upon the com-
bined score of the Audio Visual and the Oral
Board. And they are being sent out and persons
are being asked to fill out their personal his-
tory statement so that when we do get a certified
list we will expedite the background investiga-
tion process. So they will complete those forms,
they will be received, and then when the list is
certified we can immediately conduct background
investigations on the first 45 because that would
be the number who will commence the first school
now anticipated to commence in October."

Commissioner Siggins: "Okay, it's a start, a
head start."

Chief Gain: "A head start, right

Commissioner Siggins: "Okay, I would take it Com-
missioner Sanchez you are satisfied with the re-
port, I think it is on the para-police officers
in San Francisco? I believe you are the one who
instigated it. I think it's a good, complete re-
port and it's something that we all should know."

Chief Gain: "Deputy Gh1«f DeAmicis prepared thnt
report . "

Commissioner Sanchez: "A very good report. I
was going to ask one question on that. The In-
stitutional Police includes SFGH, right? Because
I notice they mention Laguna Honda. Usually you
think of Laguna Honda dash SFGH as far as... okay.
And so, basically, the vacancies that are adver-
tised here, or at least expressed here, we really
have no jurisdiction over that at all, that is
again all done through Civil Service and then as
cited training may vary according to the nature
of the category of service, correct? And so, there-
fore, we have some sort of responsibility, or some
sort of outreach as far as accountability of some
of these services, I mean, i.e., Harbi r Police, i.e.,
Park and Environmental and, etc."

Chief Gain: "They are ours, those three."

Commissioner Sanchez: "They ar< ours!i But the
Institutional and the other i n ire riot? The
Transit Police are not?"

Chief Gain: "The Transit Police are ours. There
probably should be, some day, a discussion about
some consolidation of all those various services.
I think that was your point when you initially opened
the subject matter."

- 7 < ' '

Commissioner Sanchez: "Yes, I was wondering, if
perhaps maybe in the next month or so, if perhaps
Staff or else maybe the Commission itself, could
review possible recommendations pertaining to some
rational sort of comprehensive plan about how we
could be accountable, or not accountable for these
various types of, perhaps, services that have been
defined here. Because I think you really have to
have spelled out a number of areas that I know I
was unaware of, especially when you look at the numbers
and requirements, and type of training. And at the
same time we have liaison with these groups, and
some we have full accountability, and others we have
partial, and some we have none. So maybe we should
either have all, or none, or else there should be
some sort of review in house and then with specific
recommendations on how we can maximize this, if that's
possible . "

Chief Gain: "Yes, could we target one month from
today for such a report?"

Commissioner Siggins: "Yes

Commissioner Sanchez: "If the Commission would so
move. "

Commissioner Siggins. "Yes, I think it's a good
idea. This should somehow be distributed. I think
a lot of people don't know there are that many dif-
ferent para-police officers in the city."

Commissioner Murphy: "An immense number,
Commissioner Siggins: "Next item."

PROPOSED CHANGE IN RULES AND PROCEDURES AMENDING
RULE 5.121 - MEDAL OP VALOR AWARDS - (COPIES SENT
TO EMPLOYEE ORGANIZATIONS)

Chief Gain: "That will go to the Emp i yee Associa-
tions and they have 10 days t< I."

Commissioner SJ Lns : "Thai ' thai kind of
thing."

Chief Gain: "Right, this L: mi e the memb

under appropriate rule are petitionini Commis-
sion for a change in a certain rule."

Commissioner Siggins: "Yes, this is Officer James
Strange' s petition."

- 710 -

Chief Gain: "It should be scheduled for public
hearing. "

Commissioner Siggins: "Yes. You oppose it Chief
on the Idea that you don't think that it's not
humiliating, or so, for somebody to fill out a
report that I am a hero and I did this."

Chief Gain: "Well, I just take it from a stand-
point that they don't have to say they were heros,
just a factual statement of what occurred."

Commissioner Siggins: "Yes, whatever comes before
the Commendations Board is something that is sub-
mitted by, usually, a Commanding Officer, a Cap-
tain of some kind."

Chief Gain: "Eventually an officer writes a re-
port and the Captain takes that, and from that a
report is made."

Commissioner Sanchez: "Or through the Chair, there
is an ongoing Committee, isn't there, which deals
with various levels of review, and they are also
in the process, I thought, of taking a look at cer-
tain criteria, or else trying to update the awards
themselves . "

Chief Gain: "That's a project in Planning and
Research now . "

Commissioner Sanchez: "So wouldn't this be proper
to sort of refer this at least, to that Committee
for their review and recommendation, and then this
way we could come in with a full package of changes,
recommendations, and deletions rather than do every-
thing piecemeal, or you don't think it warrants it?"

Chief Gain: "That recommendation had been made to
Officer Strange and he opted to bring it before the
Commission in the way he is doing it here under the
appropriate rule. That could bi lone at the direction
of the Commission though."

Commissioner Siggins: "Yes, well let's certainly
bring it to the attention of th Screening Com-
mittee . "

Commissioner Sanchez: "Yes, I would move that we
refer this to the Screening Committee for review
and recommendation along with the other revisions,
and to be brought back to the i'u I I Commission at
some point, whatever that is say maybe four weeks,
three weeks or six weeks, whatever the time variable

- 7 i i -

is, and so this way we could have full discussion
of the whole awards process."

Chief Gain: "Fine, that's excellent."
Commissioner Siggins: "Is that a motion?"
Commissioner Sanchez: "Yes, right."
Commissioner Murphy: "Second."
Commissioner Siggins: "Okay, all in favor?"

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

Commissioner Murphy: "I don't remember whether this
petition came from one station or just a group of
officers got together, or what happened on this?"

Lieutenant Frazier: "This item contains a petition
with 165 signatures and was circulated throughout
the 9 District Stations."

Commissioner Murphy: "Oh, this will not be like
the Beard thing, will it?"

Commissioner Sanchez: "It could be if we don't have
any formal process that we have established as far
as our own procedure. There is a mechanism now which
is reviewing the criteria as far as Meritorious Awards,
etc., and this is underway now so, basically, the in-
tent of my motion was to refer this, which properly
fits within the context of that, for review, and study,
and recommendation to be broughi 1 ,; • be 'ore the ful]
Commission . "

Chief Gain: "We will follow through on that."

PUBLIC HEAPING RELATIVE TO PRl ' ,NERAL ORDER
REG; N 3 CHANGE OF ' I MIES,
CENTRAL/NORTHERN

Chief Gain: "We recommend idoption by the Commis-
sion. There has been no opposition to it. The pro-
ponent is here who recommended this to the police
department . "

- 71 ' -

Commissioner Murphy: "I move we accept this change
in the Northern and Central District Boundaries."

Commissioner Sanchez: "I second."

Commissioner Siggins: "All in favor?"

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

Mr. Michael Caldwell: "Thank you very much, our
entire neighborhood will be very happy to hear this."

Commissioner Siggins: "Where do you live?"

Mr. Caldwell: "I have Rudapalt Restaurant and Blue
Parrot Cafe on Polk near the Alhambra Theatre, and
the major thrust of this change is to give us the
police coverage that can be afforded us from the
Northern Station as opposed to the Central because
of Russian Hill being in the way. And experience
has shown us there have been problems getting ser-
vice from Central because often there is a car in
the middle of Chinatown or In the Tenderloin, or
out on the Wharf, and when we have an immediate
problem, maybe the movie theatre is being held up
at gunpoint or the Bank or something sometimes
they can't get there. Whereas the other Station,
the Northern Station, has cars entirely around the
periphery of our little area and in crisis situations
they have invariably been the first cars there."

Commissioner Murphy:
in District II?"

"Didn't you run for Supervisor

Mr. Caldwell: "Ye:
you very much."

I did two years ago

Thank

Chief Gain: "Here is a classic example of how one
citizen of San Francisco can br: about a very bene-
ficial change because he is the one that recommended
it."

RESOLUTION NO. 518-79

PROPOSED GENERAL ORDER REGARDING CHANGE OF DISTRICT
STATION BOUNDARIES CENTRAL AND NORTHERN

RESOLVED, that, in accordance with the

-713

recommendation of Charles R. Gain, Chief of Police,
the boundaries of the below-named stations are as
follows :

Company A - Central Police Station

Commencing at the point of intersection of the pro-
longation of the center line of Van Ness Avenue and
the waters of San Francisco Bay; thence easterly and
southerly along the waters of San Francisco Bay to
the intersection of the prolongation of the Northern
Boundary of the Union Depot (Ferry Building); thence
southwesterly along the prolongation of the Northern
Boundary of the Union Depot to the center line of the
Embarcadero; thence southeasterly along the center
line of the Embarcadero to the prolongation of the
north property line of Market Street; thence south-
westerly along the prolongation of the north property
line of Market Street to the center line of Leaven-
worth Street; thence northerly along the center
line of Leavenworth Street to the center line of Bay
to the center line of Van Ness Avenue; thence northerly
along the center line of Van Ness Avenue; thence
northerly along the center line of Van Ness Avenue
to the waters of the San Francisco Bay and the point
of commencement. All premises facing and fronting
the above north property line of Market Street shall
be deemed to be within the jurisdiction of the South-
ern District; and the Central District shall maintain
jurisdiction and responsibility for the exterior parts
of said premises which are north of said property line,
and the interior of said premises with entrance or
exits north of said property line.

Company E - Northern District

Commencing at the point of intersection of the pro-
longation of the center line of Van Ness Avenue and
the waters of the San Francisco Bay; thence southerly
along the center line of Van Nei Ivenue to the center
line of Bay Street; thence easterly along the center
line of Bay Street to the center line of Leavenworth
Street; thence southerly along the c< nter line of Leaven-
worth Street to the prolongal Loi • north proper! ,.'
line of Market Street; thence sterly along the
prolongation of the north prop- >• line of Market Street
to the center line of Duboce •' . ; 1 hi n ;e westerly
along the center line of Duboce Avenue to the center
line of Steiner Street; thence n I ilong the cen-
ter line of Steiner Street to the center line of Broad-
way; thence westerly along the renter line of Broadway
to the boundary line of the Mi] ' -vation;
thence northerly along the ea I - indaries of the
Military Reservation to the San 'isco Bay Shore;

i ■ easterly alon;'; the Shore prolongation
of Van Ness Avenue and the point of commencement. All
premises facing and fronting the above north property
line of Market Street shall be deemed to be within

7 i 'i -

the jurisdiction of the Southern District; the
Northern District shall maintain jurisdiction and
responsibility for the exterior parts of said pre-
mises, which are north of said property line and
the interior of said premises with entrance and
exits north of said property line.

AYES: Commissioners Murphy, Sanchez, Toler,.
Siggins

NOT VOTING: Commissioner Ciani

RESOLUTION NO. 519-79

REQUESTING APPROVAL OF PROPOSED GENERAL ORDER ON
SEXUAL ASSAULT CASES

RESOLVED, that the Police Commission
hereby adopts the proposed General Order regarding
Sexual Assault Cases.

(Copy on file in Office of the Police Commission.)

AYES: Commissioners Murphy, Sanchez, Toler,
NOT VOTING: Commissioner Ciani

RESOLUTION NO. 520-79

STATUS REPORT IN THE MATTER OF POLICE OFFICER
M I C HASL KELLY, VICE CRIMES DIVISION

WHEREAS, the status report in the matter
of Police Officer Michael Kelly, Vice Crimes Division,
was called; and

WHEREAS, it was agreed upon by Mr. Lawrence
Wilson, Legal Office, and Mr. Stephen Bruce Bley,
Attorney at Law, that Officer Kelly's hearing be
continued to Wednesday, August. , i 79; Therefore
be it

RESOLVED, that the v^f the hearing of

the disciplinary :ha: i riled Lie* Officer

Michael Kelly, Vice Crimes Division, is set for Wed-
nesday, August 29, 1979, at 5:30 p.m., in Room 551,
Hall of Justice,

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

- 715

RESOLUTION NO. 521-79

STATUS REPORT IN THE MATTER OF POLICE OFFICER
DANIEL MARR, BUREAU OF COMMUNICATIONS

WHEREAS, the status report in the matter
of Police Officer Daniel Marr, Bureau of Communica-
tions, was called; and

WHEREAS, it was requested by Mr. Stephen
Bruce Bley, Attorney at Law, that Officer Marr's
hearing before the Police Commission be continued
until after the criminal matter against him had
been adjudicated; therefore be it

RESOLVED, that the date for the hearing
of the disciplinary charged filed against Police
Officer Daniel Marr, Bureau of Communications, is
set for Wednesday, August 29, 1979, at 5:30 p.m.,
in Room 551, Hall of Justice.

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

RESOLUTION NO. 522-79

HEARING OF POLICE OFFICER TEDDY QUERUBIN, PARK
POLICE STATION

WHEREAS, the hearing of Police Officer
Teddy Querubin, Park Police Station, was called;
and

WHEREAS, Officer Querul Ln requested that

because of illness Ln hi his hearing

be rescheduled for Wednesday, Se] ber 5,
therefore be it

RESOLVED, that the la1
of . dlscipld iln if fleer

Teddy Querubin, Park Police St' Lon, is set for Wed-
nesday, September 5, 1979 at 5- ■ '■■'>•■> i'"1 Room
551, Ha Ju Lee.

S : i r p h y , an c , To 1 e r ,

. ^gins

NOT VOTING: Commissioner Ciani

... 716 -

HEARING RELATIVE TO THE TERMINATION OF POLICE
OFFICER VANDY PHILLIPS

The hearing relative to the termination
of Police Officer Vandy Phillips was called, it
having been set for this date.

Police Officer Vandy Phillips appeared
in person and was represented by Jack L. Burnam,
Attorney at Law.

Commissioner Richard J. Siggins made
an opening statement .

Mr. Jack L. Burnam made his opening
statement .

Mr. Lawrence Wilson, Attorney at Law,
Legal Office, made his opening statement.

Statements were then made by the follow-
ing persons:

Lieutenant William Koenig
Commanding Officer FTO Program (Con)

Vandy Phillips (Pro)

Mr. Arthur Rose, English Teacher (Pro)

Jack Ballentine (Pro)

Sergeant Robert Berry

A closing statement was then made by
Mr. Jack L. Burnam, Defense Attorne

A closing statement Lso made by
Mr. Lawrence Wilson, Prosecute -rney .

The Commission, after Listening to state-
ments by Defense and Prosecuting Attorneys, took
the matter under submission, E*1 er which the follow-
Lutli ■ >p1 ed:

RESOLUTION NO. 523-79

DECISION - HEARING RELATIVE TO THE TERMINATION
OF POLICE OFFICER VANDY PHILLIPS

WHEREAS, on January 18, 1979, Chief of

- 717

Police Charles R. Gain, terminated Vandy Phillips
as a Police Officer of the San Francisco Police
Department for failure to achieve the minimum
acceptable standard for field performance for a
person engaged in patrol duties in the San Fran-
cisco Police Department Training Program; and

WHEREAS, it was discovered that because
Police Officer Vandy Phillips was under a tempor-
ary appointment and being paid with other than
Ad Valorem funds, the Chief's Termination Order
could not be final until approved by the Police
Commission; and

WHEREAS, a hearing on .-aid termination of
Police Officer Vandy Phillips was heard before the
Police Commission in accordance with Section 3-501
of the Charter of the City and County of San Fran-
cisco on Wednesday, August 15, 1979, and on Wednes-
day, August 15, 1979, the matter was submitted to
the Police Commission for decision; and

WHEREAS, the Police Commission finds that
the Chief's Termination Order made and imposed upon
Police Officer Vandy Phillips is justified and pro-
per; therefore be it

RESOLVED, that it is the order of the
Police Commissiun that the Chief's Termination
Order made and imposed upon Police Officer Vandy
Phillips be, and the same hereby affirmed and ap-
proved.

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

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissionei liana

HEARING RELATIVE TO THE TER" ' N OF RECRUIT
OFFICER DONALD .TONES.

The hearing relat Lv< the termination
of Recruit Officer Donald Join ■: led, it having
been set for this date.

Mr. Donald Jones appeared in person and
stated that because his attorney called away
in a last minute emergency case, he was requesting

- 1 1 1

that his hearing be continued to September 5, 1979.

The Commission then continued the hear-
ing relative to the termination of Recruit Officer
Donald Jones to Wednesday, September 5, 1979 at
5:30 p.m., in Room 551, Hall of Justice.

AYES: Commissioners Murphy, Sanchez, Toler,-
Siggins

NOT VOTING:

Commissioner Ciani

HEARING RELATIVE TO THE TERMINATION OF RECRUIT
OFFICER VALCOUR L. EUGENE

The hearing relative to the termination
of Recruit Officer Valcour L. Eugene was called,
it having been continued from the meeting of Aug-
ust 8, 1979.

Mr. Lawrence Wilson, Legal Office, repre-
senting the Police Department asked that the matter
be continued until September 12, 1979.

The Commission then adjourned at 2200
hours and continued the hearing relative to the
termination of Recruit Officer Valcour L. Eugene,
to Wednesday, September 12, 1979 at 5:30 p.m., in
Room 551, Hall of Justice.

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING:

Commissioner Ciani

The Commission then adjourned its meeting at
2200 hours.

■ML C <\

SECRETARY (^

- 719 -

22 AUGUST 1979 REGULAR MEETING

Th§s=Police Commission of the City
and County of^-San Francisco met in their
chambers, Room 551, Hall of Justice, 850
Bryant Street, on Wednesday, August 22, 1979
at 1730 hours in regular session.

PRESENT: Commissioners Ciani, Murphy, Sanchez,
Siggins

ABSENT: Commissioner Toler

NOV 6 1979

Commissioner Siggins presiding. documents depT;

to& * to S.F. PUBLIC LIBRARY

RECOMMENDATION OF THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendation 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:

5699 CALIFORNIA STREET FUC-I LAUNDRY

a) At 5699 California Street, install a 22'
green zone, extending from west property
line 22' east of same.

#5-12th STREET - BOAS INTERNATIONAL MOTOR

a) At #5-12th Street, install a 19' yellow
zone, extending from 63' to 82' south
of north building line between fire
hydrant and business driveway.

b) Remove meter #5-12th Street.

600 ITALY STREET - EPIPHANY GRAMMER SCHOOL

a) At 600 Italy Street, install a 93' white
zone, extending from 15' to 108 ' east of
Naples Street.

455 IRWIN STREET - A & D PROPERTIES

a) At 455 Irwin Street, install a 27' yellow

zone, extending from west property line 27'
west of same.

- 720 -

2121 MARKET STREET - ACADEMY OF BALLET

a) At 2121 Market Street, Install a 22*
white zone, extending from 11' to 33'
west of east building line 2117 Market
Street .

445 HAYES STREET - SING LEE CLEANERS

a) At 445 Hayes Street, install an 18 '

yellow zone, extending from west pro-
perty line 18 ' east of same.

720 MINNESOTA STREET - S.F.P.D

a) At 720 Minnesota Street, revoke exist-
ing 18' yellow zone, extending from 3'
to 21' south of old building line.

700 MINNESOTA STREET - S.F.P.D.

a) At 700 Minnesota Street, revoke exist-
ing 36' yellow zone, extending from
15' to 51' south of 19th Street.

2400 GREENWICH STREET - S.F.P.D.

a) At 2400 Greenwich Street, revoke exist-
ing 20' yellow zone, extending from 6*
to 21' west of Pierce Street.

875 FOLSOM STREET - AUSTIN HEALY WEST

a) At 875 Folsom Street, revoke existing
30 ' yellow zone, extending from 3' to
33' west of the east building line.

540 BUSH STREET - S.F.P.D

a) At 540 Bush Street, revoke existing
18 ' yellow zone, extending 18' east
of west property line.

AYES: Commissioners Ciani, Murphy, Sanchez,
Siggins

NOT VOTING: Commissioner Toler

- 721 -

REVOKED

RESOLVED, that the recommendation of the
Traffic Bureau on the revocation of 122 feet of
yellow zones, at the parts of the City, at the
locations submitted, be, and the same are hereby
approved.

AYES: Commissioners Ciani, Murphy, Sanchez.
Siggins

NOT VOTING: Commissioner Toler

RESOLUTION NO. 531-79

JOHN J. WHELAN

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim of
John J. Whelan against the City and County of San
Francisco in the sum of $1,037.50 as the result
of damages sustained, be, and the same is hereby
approved.

Date of Incident: OcLober 11, 1978

AYES: Commissioners Ciani, Murphy, Sanchez,
Siggins

NOT VOTING: Commissioner Toler

RESOLUTION NO. 524-79

THOMAS M. CUNNINGHAM

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Thomas
M. Cunningham against the City and County of San
Francisco in the sum of $809-15 as the result of
damages sustained, be, and the same is hereby approved,

Date of Incident: April 1, 197'*

AYES: Commissioners Ciani, Murphy, Sanchez,
Siggins

NOT VOTING: Commissioner Toler

- 7

p? -

RESOLUTION NO. 525-79

ANTONIO T. MALDONADO

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of Antonio T. Maldonado against the City and
County of San Francisco in the sum of $246.00
as the result of damages sustained, be, and the
same is hereby approved.

Date of Incident: June 30, 1979

AYES: Commissioners Ciani, Murphy, Sanchez,
Siggins

NOT VOTING: Commissioner Toler

RESOLUTION NO. 526-79

SUZETTE E. SHEETS

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of Suzette E. Sheets against the City and County
of San Francisco in the sum of $7-00 as the re-
sult of a faulty tow, be, and the same is hereby
approved.

Date of Incident: May 14, 1979

AYES: Commissioners Ciani, Murphy, Sanchez,
Siggins

NOT VOTING: Commissioner Toler

CLAIM OF ROBERT E. HEILIG JR., AND HIS ATTORNEY
IN THE SUM OF $1,500.00 - CANCELLED

RESOLUTION NO. 528-79

AUTHORIZING ATTENDANCE OF ASSISTANT INSPECTOR
ISIAH NELSON III, INTELLIGENCE UNIT, AT THE SPE-
CIALIZED SURVEILLANCE EQUIPMENT COURSE AT REDWOOD

- 723 -

CITY, CALIFORNIA, FROM SEPTEMBER 17, 1979 TO
SEPTEMBER 21, 1979, INCLUSIVE

RESOLVED, that the recommendation of
the Chief of Police that Assistant Inspector
Isiah Nelson III, Intelligence Unit, be detailed
to attend the Specialized Surveillance Equipment
Course at Redwood City, California, from September.
17, 1979 to September 21, 1979, inclusive, be, and
the same is hereby approved; and be it further

RESOLVED, that expenses incurred by
Assistant Inspector Isiah Nelson III, Intelli-
gence Unit, in a sum not to exceed $272.50, will
be defrayed by the San Francisco Police Depart-
ment's Police Officers' Training Fund.

AYES: Commissioners Ciani, Murphy, Sanchez,
Siggins

NOT VOTING: Commissioner Toler

RESOLUTION NO. 529-79

AUTHORIZING ATTENDANCE OF SERGEANT ROBERT HANKIMS,
POLICE OFFICERS BRIAN D'ARCY, ROBERT DEL TORRE,
ROBERT HOCH, GLENN PENNEBAKER, CRIMES SPECIFIC TASK
FORCE, AT THE ADVANCED SPECIAL WEAPONS AND TACTICS
TRAINING COURSE AT SANTA ROSA, CALIFORNIA, FROM
SEPTEMBER 17, 1979 TO SEPTEMBER 21, 1979, INCLUSIVE.

RESOLVED, that the recommendation of the
Chief of Police that Sergeant Robert Hankins, Police
Officers Brian D'Arcy, Robert Del Torre, Robert Hoch
Glenn Pennebaker, Crimes Specific Task Force, be
detailed to attend the Advanced Special Weapons and
Tactics Training Course at Santa Rosa, California,
from September 17, 1979 to September 21, 1979, in-
clusive, be, and the same is hereby approved; and
be it further

RESOLVED, that expenses incurred by Sergeant
Robert Hankins, Police Officers Brian D'Arcy, Robert
Del Torre, Robert Hoch, Glenn Pennebaker, Crimes Speci-
fic Task Force, in a sum not to exceed $261.25 each,
will be defrayed by the San Francisco Police Depart-
ment's Police Officers' Training Fund.

AYES: Commissioners ciani, Murphy, Sanchez,
Siggins

NOT VOTING: Commissioner Toler

724 -

RESOLUTION -NO. 530-79

TRAVELING EXPENSE VOUCHER - APPROVED

Assistant Criminalist) $303.00
Bruce Fukayama )
Crime Laboratory )

(At the Soil Micro-
(scopy Workshop at
(Los Angeles, Cal-
ifornia, from July
(30, 1979 to August
(1, 1979, inclusive.

AYES: Commissioners Ciani,
Siggins

Murphy, Sanchez,

NOT VOTING:

Commissioner Toler

The Commissioners, having received, amended
and returned copies of the minutes of the meetings
of July 2, 1979 and July 11, 1979, reading of same
was dispensed with and the minutes were approved.

AYES: Commissioners Ciani, Murphy, Sanchez,
Siggins

NOT VOTING:

Commissioner Toler

CHIEF'S REPORT TO THE POLICE COMMISSION

Deputy Chief DeAmicis:
tonight , Commissioners . "

"There is no Chief's report

Commissioner Siggins
DeAmicis?"

"Any questions of Chief

Commissioner Murphy: "Well, to make it official,
I'd like to request that we have an interim report
on the results of the findings of the riot of May
21, the necessity for re-doing some of the commun-
ications and that sort of thing. I think you have
a list of them. There are 7 items. I would like
an interim report as soon as convenient."

- 7?^ -

Commissioner Siggins: "Okay, anything else?"

Commissioner Sanchez: "Or for the record, is it
possible to just have a brief statement Lieutenant
about the SRI Investigation, and it was my under-
standing that it passed the Supervisors, I think
there was a report in the paper, 6 to 5 so now I
guess all things that are written within the city
contract have been acceptable, or will be, or are
acceptable to both parties and so it's just a mat-
ter of signatures, is that correct?"

Lieutenant Prazier: "That's correct Commissioner.
It's just a matter now of getting the signatures
from the appropriate personnel. For instance, the
President of the Police Commission, a fellow by the
name of Mr. Ribera from SRI (Stanford Research Insti-
titue), the City Attorney, the Chief Administrative
Officer and the Purchaser of Supplies."

Commissioner Ciani: "Wasn't there a date in 'that
agreement by which it was hoped that the investi-
gation would be complete?"

Commissioner Sanchez: "August 9th, I believe."

Lieutenant Frazier: "Yes, Commissioner, August 9th
was the original completion date, or date they were
going to try to meet. However, since work did stop
when they started to have contract difficulties, a
new date now will. have to be forecast. Once the
contract is in their hands, I understand they will
come up with a date, say, maybe tomorrow about noon
for us . "

Commissioner Siggins: "Right. I talked to Mr. John
Taylor last night, he is from Stanford Research and
he told me that he would try to get back to me today,
a time schedule, and he didn't, as I left the office
at 5 . I anticipate that he will call me tomorrow,
If so, I will report on it. You will distribute it?"

Lieutenant Frazier: "Yes, I will be in touch with
him tomorrow. In fact, I spoke to him after you
spoke to him and I told him that it was a possibility
that we would not be able to get the signed contract
to him tonight and in that case he said he would have
to wait to get the contract before he could come up
with that date for us."

Commissioner Murphy: "Should we, I suppose we should
have really done this when the traffic people were
here, but this white zone granted to the Century
Theatre, the inquiry on that is that they are not allow-
ing it because the Century Theatre doesn't have a per-
mit to operate. What's our next step on that?"

- 126 -

Lieutenant . Frazier: "Well, I think that la a re-
quest that that matter be re-opened and re-enter-
tained by the Commission as to whether the white'
zone in front of that Theatre should, or should
not be granted."

Commissioner Siggins: "Well, this was the appli-
cation for 8l6 Larkin Street where the old Larkin
Theatre was located. We granted it but then the
Chief has pointed out to us that actually the new
Theatre that's called the Century Theatre, does
not have the required police permit to operate."

Commissioner Ciani: "Are they in the process of
getting a permit or have they been closed down
for lack of a permit at this stage?"

Commissioner Siggins: "It was turned down by
the Police Department and as I understand it...
er at the Board of Permit Appeals, is that cor-
rect?"

Officer Suslow: "That is correct. I am Officer
Suslow from the Permit Section. That is correct."

Commissioner Ciani: "So in the meantime they are
not operating, i« that right?"

Officer Suslow: "They are not supposed to be
without a permit . "

Commissioner Siggins: "So why don't we hold up...."

Commissioner Murphy: "Well, shouldn't we calendar
it?"

Commissioner Ciani: "Didn't the gentleman who ap-
peared before us say it was a private club?"

Officer Suslow: "They applied for an Adult Theatre
Permit and they were denied on July 19th of this
year. "

Commissioner Siggins: "And he spent $150,000 dol-
lars on the ceiling."

Commissioner Ciani: "Well, should we put that on
for next week?"

Commissioner Siggins: "Tell Traffic to put it on."

- 727 -

Lieutenant Frazler: "Okay, we will put it back

on the Traffic Calendar for next week for re-con-
sideration. "

Commissioner Siggins : "Do you want to take this
letter so you can remind yourself?"

Lieutenant Prazier: "Yes sir."

POLICE COMMISSION DISCUSSION REGARDING THE HONDA
BIKE PATROL, AND UTILIZATION OP DEPARTMENT VESPA
MOTOR SCOOTERS.

Captain Charles Ellis of the Crime Specific Task
Force was introduced to the Commission by Deputy
Chief DeAmicis to speak to this item. Captain
Ellis stated that when he assumed command of the
CSTF the first of the year there were 6 men assigned
to the Hondas and that it had been that way for
several years, but since he has been there, in
the past 8 months, they have doubled the compliment.
He stated that two Hondas are assigned to McLaren
Park every day, from 10 in the morning until six
in the evening and 7 days a week. He stated that
their primary assignment is in the Hayes Valley
Western Addition area. He said the Hondas have the
added assignment of Golden Gate Park, specifically
Children's Playground with passing calls there and
also the DeYoung Museum. He said that they are ex-
tremely beneficial and a real good crime tool,
particularly in the Western Addition Housing Develop-
ments where there is just small pathways and open-
ings that the Hondas can get through very easily.
He said they have Ik Hondas in operation now with
12 officers and 1 sergeant assigned. He continued
by saying that they are also used at Candlestick Park,
H assigned to every ball game. He stated that they
make a lot of arrest and issue a lot of citations,
that they are very active, and there is a very high
morale factor within the unit. He says, also, that
recently they have gone into the Mission District to
work on the Low Rider incidents and that they have
utilization of the Vespa Motor Scooters. He said
he had spoken to Captain Jeffery, Commanding Officer
of Mission Station, and that Captain Jeffery stated
that he was using the Vespas in Dolores Park and
was very happy with them. However, he stated, that
he did not know of any other Captains in the Depart-
ment using them In their Districts.

Commissioner Murphy then stated that a determina-
tion should be made as to who and how many other Dis-
trict Captains are using Vespas.

- 728

Commissioner Sanchez requested Information on the
feasibility of Environmental Control Officers using
the Vespas to aid them in their travels throughout
the many areas of the city In providing their ser-
vices .

REVIEW BY THE POLICE COMMISSION OF THE EFFECTIVE-
NESS OF INCREASING JITNEY BUS PASSENGER LOADS, RE-
QUESTED BY THE PERSONS LISTED BELOW, FROM TWELVE
PASSENGERS TO FIFTEEN PASSENGERS AFTER A TRIAL
PERIOD FROM JULY 25, 1978 TO AUGUST 15, 1979:

Abraham Endzweig Julio Bracco

Howard Goldstein Satian Phongpitag

Herbert Meier Louis J. Ponti

Eugene Brenner Jose L. Ma
Mendell Mllstein

Commissioner Slggins stated that about a year and
a half ago the parties named had wanted to Increase
their passenger capacity to 15 persons. He stated
the Police Commission agreed to give them conditional
permission for the above stated trial period.

Officer Bob Ferrier of the Taxi Enforcement Detail,
stated that after over a year of enforcing Jitney
Regulations by virtue of increasing the passenger
capacity that he has not had' any enforcement problems.
He then stated that there was a representative here
from the Muni, Barbara Brown, who wanted to speak
to the issue.

Ms. Brown stated that she was a Transit Planner for
Muni Railway. She said that Muni has no objection to
the nine people who were allowed to increase their
passenger capacity. She continued by saying. that the
only thing that they would like to go on record re-
garding this is their general policy about jitneys.
She stated that they would not want the Commission
to go on thinking that now there is no objection and
go on approving many more jitneys increasing their
passenger capacity. She said their basic concern
is that Muni fares are 25^ with a nickle reduction
discount for seniors, elderly and students. So that
means when they look at where they are getting their
farebox revenue from, the person who pays the 25^
full cash fare, is a real bonus patron. She says
that that is someone who would take a jitney and it
would most likely be one of those patrons. She sta-
ted that seniors and student:; would most likely
take the Muni Bus because it is considerably cheaper.
So what happens, she said, is that they lose a signi-
ficant number of their cash fare patrons who help
subsidize the Muni to the jitneys, and at the same
time, there isn't that amount of reduction of how
much service they have to provide so that they can

- 729 -

say, pull a couple of fusses off, or that kind of
a thing. She said their feeling is that since the
Muni is publicly subsidized there is a responsibility
to try and bring- more revenue into it. She said what
they are doing now is going through the final arrange-
ments in having BART accept the Muni Fast Pass so
that everything along the Mission Corridor now, BART
and Muni, would bring revenue into the Muni and that
is not the case of the Jitneys. So, she said, policy-
wise they don't agree with them, but the Muni has no
objection to these nine persons here today.

Commissioner Siggins then thanked Ms. Brown and the
Commission then adopted the following resolution:

RESOLUTION NO. 532-79

POLICE COMMISSION REVIEW OP THE EFFECTIVENESS OF
INCREASING JITNEY BUS PASSENGER CAPACITY FROM TWELVE
PASSENGERS TO FIFTEEN PASSENGERS AFTER A TRIAL PERIOD'
FROM JULY 26,1978 TO AUGUST 15, 1979.

WHEREAS, the below listed Jitney Bus Owners
and Operators requested, by letter, a hearing before
the Police Commission for the purpose of acquiring
permission to increase their passenger capacity from
twelve (12) passengers to fifteen (15) passengers;
and

WHEREAS, their request was granted subject
to review by the Police Commission after a trial per-
iod from July 26, 1978 to August 15, 1979; and

WHEREAS, the Police Commission having
received satisfactory reports from Police Depart-
ment Staff and Muni Railway Staff, that Muni Railway
did not object to the current number of owners operat-
ing with fifteen passengers; therefore be it

RESOLVED, that the Police Commission, hav-
ing received satisfactory reports on the effective-
ness of the operation of those jitneys with increased'
passenger capacities, does hereby remove the previous
conditional temporary approval and grant permanent
approval of said increase to the below listed Jitney
Bus Owners and Operators.

Abraham Endzweig Eugene Brenner Satian Phongpitag
Howard Goldstein Mendell Milstein Louis J. Ponti
Herbert Meier Julio Bracco Jose L. Ma

AYES: Commissioners Ciani, Murphy, Sanchez,
Siggins

NOT VOTING: Commissioner Toler

- 7^0 -

RESOLUTION -NO. 533-79

REQUEST FOR A SUPPLEMENTAL APPROPRIATION FOR FUNDING
THE SALARY STANDARDIZATION OF UNIFORMED SALARIES
AND THE MANDATORY FRINGE BENEFITS ASSOCIATED WITH
THE INCREASES IN UNIFORMED SALARIES.

RESOLVED, that the Police Commission hereby
approves the request for a Supplemental Appropriation
in the amount of $10,397,643 to fund the Salary Stand-
ardization of Uniformed Salaries and the Mandatory
Fringe Benefits associated with the increases in Uni-
formed Salaries for the 1979-80 Fiscal Year.

AYES: Commissioners Ciani, Murphy, Sanchez,
Siggins

NOT VOTING: Commissioner Toler

PUBLIC HEARING ON THE ISSUANCE OF A SECOND HAND
DEALER PERMIT, 2895 THIRD STREET, SAN FRANCISCO
(AUTO PARTS AND ACCESSORIES)

Officer Suslow: "Commissioners, I am Officer Suslow
of the Permit Section. The matter before you to-
night is a permit application by Mr. Henry Collier
and Mr. Arnold Price for a Second Hand Dealer Auto
Parts and Accessories Permit to be used at 2895
Third Street. The Police Commission is the issuing
authority for Second Hand Dealer Auto Parts and
Auto Accessories Permits under Section 1237 of the
Municipal Police Code. Other City Agencies have
submitted written recommendations. The recommenda-
tions are for approval of the permit request with
stipulations being requested by the City Planning
Department and the Fire Department, the Southeast
Police District and the Auto Detail have also re-
commended approval. The Permit Section recommends
that the Police Commission grant this permit."

The Commission, after listening to testimony from
the applicants and Officer Michael Mahoney of the
Southeast Police Station, adopted the following re-
solution:

RESOLUTION NO. 53^-79

PUBLIC HEARING ON THE ISSUANCE OF A SECOND HAND
DEALER PERMIT, 2895 THIRD STREET, SAN FRANCISCO
(AUTO PARTS AND ACCESSORIES)

WHEREAS, the Police Commission on August

- 731 -

22, 1979, heard the application of Henry A. Collier
and Arnold J. Price dba "AJax Auto Dlsmantlers Inc.j
for the issuance of a Second Hand Dealer Permit at
2895 Third Street, in the City and County of San
FranciscO; and

WHEREAS, applicants appeared in person and
presented oral testimony in support of their applica-
tion indicating their intent to employ nine persons
thereby providing additional jobs for residents of
San Francisco; and

WHEREAS, written recommendations of approval
were submitted from Southeast Police Station, the
Department's Auto Section and other appropriate City
agencies; therefore be it

RESOLVED, that the Police Commission in
accordance with the provisions of Section 1237 of
the San Francisco Municipal Code (Police Code) does
hereby grant to Henry A. Collier and Arnold ' J .
Price dba "Ajax Auto Dlsmantlers Inc.," a Second '
Hand Dealer's Permit for the purpose of buying, sell-
ing, exchanging, storing or dealing in used or second
hand automobiles, motor vehicles, motorcycles, equip-
ment, storage batteries and parts of automobiles or
automobile accessories at 2895 Third Street in the
City and County of San Francisco.

AYES: Commissioners Ciani, Murphy, Sanchez,
Siggins

NOT VOTING: Commissioner Toler

POLICE OFFICER WILLIAM L. TRANER - IN MEMORIUM

A communication was received from Chief of Police Charles
R. Gain, officially notifying the Police Commission of
the death of Police Officer William L. Traner, Crime
Specific Task Force, on Tuesday, August 21, 1979.

The communication was ordered filed.

The Commission then adjourned its meeting
at 1905 hours in memory of Police Officer
William L. Traner.

- 732

29 AUGUST 1979

'*)%LuuMi

REGULAR M MUTING

Thj^Police Commission of the City
and County of^an Francisco met in their chambers,
Room 551, Hall of Justice, 850 Bryant Street, on
Wednesday, August 29, 1979 at 1730 hours, in regu-
lar session.

PRESENT: Commissioners Ciani, Murphy, Sanchez,
Toler Sigglns

Commissioner Siggins presiding.

NOV 6 1979

DOCUMENTS DEPT.
&F. PU3LIC L

PRESENTATION OF MEDAL OF VALOR AWARDS AND CERTIFICATES

Commissioner Siggins: "It was my pleasure to be
appointed by the Commission as Chairman of the last
meeting of the Awards Committee, however, just prior
to the meeting I was called out on an emergency and
Deputy Chief Kevin Mullen presided at that meeting
on my behalf, and I want to thank him for that. But
on behalf of the entire Police Commission I want to
congratulate the winners of the Gold, Silver and
Bronze Medals of Valor that we are honoring here
tonight and on behalf of the citizens of San Fran-
cisco I want to congratulate each one of you and
each member of your family. I want to congratu-
late those of you who are here and also those who
were not able to attend, and special congratulations
to those members of the family. Once again to preside,
really, as a citizen at an Awards Committee Meeting
and to see the deeds that are done by these officers
when the things just don't have to be done and the
risk that they take, I think is a distinct pleasure
for a Commissioner to chair them and then to come
and present these certificates and medals to you.
I would like to remind the spouses of the recip-
ients that we, as Commissioners, consider that the
monetary award is community property, but at any
rate, once again, congratulations on behalf of this
Commission and the public of San Francisco. May we
call the recipients please."

PRESENTATION OF THE MEDAL OF VALOR AWARDS AND
CERTIFICATES

The following-named members of the Police Depart-
ment were presented Medal of Valor Awards and
Certificates at the Commission Meeting by Com-
missioner Siggins:

- 733 -

Assistant Patrol Special

Officer Steven Patrick Mroz Gold Medal

Assistant Inspector Thomas

J . Gerard Silver Star

i i i

Police Officer Victor E. Fleming. . .Silver Medal

Police Officer William D. Langlois .Silver Star

Police Officer Lee A. McVeigh Silver Star

Police Officer Stephen J. Venters . .Silver Star

Police Officer Harold F. Winkler .. .Silver Medal

Patrol Special Officer Alfred

Grenci Silver Medal

Patrol Special Officer Bruce

M. Lowe Silver Medal

Inspector Charles E. Brewster Silver Medal

Inspector Roy C . Hicks Silver Medal

Police Officer Dan Lei. B. Boden Bronze Star

Police Officer Louette M.

Colombano Bronze Medal

Police Officer Timothy J. Connell . .Bronze Star

Police Officer Edbert T. Dare Bronze Medal

Police Officer Leonard G. Jeong. .. .Bronze Medal

Police Officer Leslie D. Krakowsky .Bronze Medal

Police Officer Michael N. Maloney . .Bronze Medal

Police Officer Marty L. Way Bronze Medal

Commissioner Siggins: "I would like to, if I may,
read the citation that was made by Commander Cornelius
Murphy, then Captain of Central Station, in his nomina-
tion of Assistant Patrol Special Officer Steven Patrick
Mroz :

"ASSISTANT PATROL SPECIAL OFFICER
STEVEN PATRICK MROZ GOLD MEDAL OF VALOR

For services rendered on Thursday, November
16, 1978, at approximately 0'420 hours, while enroute
to report for duty, had his attention drawn to a fire
at 310 Columbus Avenue, the Dante Hotel. He immediately
entered and ran up and down the ha] Iwu.v- of several
floors arousing and warning the tenants who were then
able to flee the burning premises. The Officer then
exited the hotel and noted that the fire had spread to

- 734 -

the building next door. He then entered that build-
ing and aroused approximately 20 persons who also
fled to safety. He heard screams coming from an 'adja-
cent building on Fresno Alley. He went down to the
alley but could not gain entrance to- the' building.
He then vaulted a fence which crossed over the pro-
perty and climbed up to a ledge 20 feet above the
ground. He straddled the ledge to a sewer pipe
and then climbed the sewer pipe to the second story
where he knocked the glass out of a window and crawled
through. The smoke there was very thick, forcing
him to crawl on his hands and knees to the sound
of the screaming. He found two men (apparently tran-
sients) in a state of panic. He then led one and
carried the other. As this was an old abandoned,
barricaded building with large gapping holes in the
floor, with poor lighting, and thick black smoke,
his exit was slow. He asked the men if anyone else
was in the building and they indicated that there
might be someone else on the third floor. Having
led the men to safety the Officer then went to the
third floor and searched to no avail. At this point
the roof of the building collapsed and the officer
had to hurriedly leave the building via the sewer
pipe to the second floor where he first entered and
from there down to the street below. As a result of
this incident Officer Mroz had to be treated at
Central Emergency Hospital for smoke inhalation
and severely bruised ribs. For his heroic efforts,
the Awards Committee of the San Francisco Police
Department granted him a Gold Medal of Valor."

RECOMMENDATION OF THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendation 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:

1122 FOLSOM STREET - THORSEN WAREHOUSE

a) At 1122 Folsom Street, install a 22'
yellow zone, extending from 8' to 30'
west of east property line.

10BEALE STREET - 333 MARKET BUILDING

a) At 10 Beale Street, install a M1

yellow zone, extending from 56' to 100'
south of north property line.

- 735 -

APPROXIMATELY #31 FREMONT - 333 MARKET BUILDING

a) At approximately 31 Fremont , install a 46'
yellow zone, extending from 72' 'to'll8'
south of north property line.

1 3 58 GRANT AVENUE - PANAM CANAL RAVIOLI FACTORY

a) At 1358 Grant Avenue, revoke existing
36' yellow zone, extending from 10' to
46' south of Green Street.

b) At 1358 Grant Avenue, install a 36' Special
Truck Loading Zone, & AM to 6PM from 10'
to 46' south of Green Street.

2600 LAGUNA STREET - ISABELLA TOWERS

a) At 2600 Laguna Street, revoke existing
40' yellow zone, extending from 9' to
'I')' north of Broadway.

599 BEACH STREET - HOLIDAY INN

a) At 599 Beach Street, revoke existing
40' yellow zone, extending from 40'
east of Leavenworth Street for bus zone
Leave 26' yellow.

1809 IRVING STREET - ARNIE'S LIQUOR

a) At 1809 Irving Street, revoke existing
32' yellow zone, extending from 10'
to 42' west of 19th Avenue.

b) Request to be replaced with 15 minute
meters .

19 MAIN - S.P.P.D.

a) At 19 Main, revoke existing 49* yellow
zone, extending from 90' to 139' south
of Market Street .

23-33 MAIN - S.F.P.D

a) At 23-33 Main, revoke existing 74' yellow
zone, extending from 126' to 200' south
of Market Street .

736 -

H 9 MAIN - S.P.P.D.

a) At 49 Main, revoke existing 40' yellow
zone, extending from 33' to 73'. south
of north property line.

16-22 BEALE STREET - S.F.P.D.

a) At 16-22 Beale Street, revoke existing
36' yellow zone, extending from 36'
north of south line of building.

2 SPEAR STREET - S.F.P.D.

a) At 2 Spear Street, revoke existing 57'
yellow zone, extending from 6' to 63'
south of Market Street .

b) At 2 Spear Street, revoke existing 60'
green zone, extending from 63' to 123'
south of Market Street.

16 SPEAR STREET - S.P.P.D.

a) At 16 Spear Street, revoke existing 27'

yellow zone, extending 27' south of north
property line.

b) At 16 Spear Street, revoke existing 21'
green zone, extending from 3' south to
18' north of the south property line.

70 SPEAR STREET - S.F.P.D

a) At 70 Spear Street, revoke existing 20'

yellow zone, extending 20' north of south
building line.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

REVOKED

RESOLVED, that the recommendation of the
Traffic Bureau on the revocation of 532 feet of
yellow and green zones, at the parts of the City,
at the locations submitted, be, and the same are
hereby approved.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

- 737 -

RE i SOLUTION NO. 535-79

JAIME R. BUITRAGO AND AURA M. BUITRAGO
AND THEIR ATTORNEYS n

RESOLVED, that the recommendation of the
City Attorney for settlement of litigation of Jaime
R. Buitrago and Aura M. Buitrago in the sum of $12,
000.00 in Superior Court Action No. 721-933 entitled
"Jaime R. Buitrago and Aura M. Buitrago 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: February 16, 1977

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler,Siggins

RESOLUTION NO. 536-79
MARIAN JOYCECHILD

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Marian
Joycechild against the City and County of San Francisco
in the sum of $46.00 as the result of a faulty tow,
be, and the same is hereby approved.

Date of Incident: From May 5, 1979 to May 29, 1979

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 537-79

AUTHORIZING ATTENDANCE OF CAPTAIN FORD E. LONG, PLAN-
NING AND RESEARCH DIVISION, AT THE NCIC (NATIONAL CRIME
INFORMATION CENTER) IN ALEXANDRIA, VIRGINIA, FROM 0CT0-
BER 30, 1979 THROUGH NOVEMBER 1, 1979, INCLUSIVE.

RESOLVED, that the recommendation of the
Chief of Police that Captain Ford E. Long, Planning
and Research Division, be detailed to attend the NCIC
(National Crime Information Center) in Alexandria, Vir-
ginia, from October 30, 1979 to November 1, 1979, in-
clusive, be, and the same is hereby approved; and be
it further

- 738

RESOLVED, that the expenses incurred by
Captain Ford E. Long, Planning and Research Division,
will be paid by the National Crime Information Center.

AYES: Commissioners Clani, Murphy,' Sanchez,
Toler, Siggins

RESOLUTION NO. 538-79

TRAVELING EXPENSE VOUCHER - APPROVED

RESOLVED, that the Traveling Expense
Voucher submitted by the following-named member
of the Police Department for expenses incurred in
attending the below-indicated program, be, and
the same is hereby approved:

Lieutenant Richard D. Klapp) $182.00 (At the Basic
Personnel & Training ) (Course Revision

(Consortium Work-
shop at San Diego,
(California, from
(August 15, 1979 to
(August 16, 1979,
(inclusive .

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, 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) Lieutenant Edward H. Hartman, Southeast

Station, for service, effective August 1,
1979.

b) Inspector Erney C. Ellison, Bureau of In-
spectors, for service, effective August
6, 1979.

c) Police Officer James E. Howard, Traffic

Bureau, for service, effective July 18, 1979.

The Communications were ordered filed.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

- 739 -

CHIEF'S REPORT TO THE POLICE - COMMISSION

Deputy Chief DeAmicis: "Mr. President, Commissioners,
there is no Chief's Report to the Commission."

Commissioner Sanchez: "Mr. Chairman, if I might, I
just received, along with my colleagues and you, a
copy of this letter pertaining to the centralized
community relations unit, etc. It's scheduled, I
believe, for September 5th, as far as having an agenda
item on that, and unfortunately I will be at the Univer-
sity of New Mexico for that week. I have to give a
paper over there and I cannot be here, and I would like
to see if perhaps we could hold this over to the follow-
ing week, which will be what? September 12th? Whereby
we might have time to both review this and have com-
ments and discussion so that this way we would have
a full Commission, if that would be the direction of
the Commission."

Commissioner Siggins: "Naturally, we would like to
have a full Commission. Have we done anything about
scheduling things for September 5th in regard to this?"

Lieutenant Frazier: "Nothing, I think September 5th
was set aside for the OFJ President to make a statement
in answer to the Chief's Report on the Community Re-
lations issue."

Commissioner Siggins: "Okay, let's put it over to
the 12th."

Commissioner Murphy: "That is true. Didn't we want
to arrange for a public hearing from others as well
as OFJ? I don't care whether it is on the 12th, or
the 5th. I have gotten several requests, or comments,
and so on, supporting this idea of reforming of the
Community Relations Division."

Commissioner Siggins: "There was some questions that
were put out by the Chief's letter and Inspector Sanders
asked to respond to them, and he wanted some time and
he wanted to respond to them and he asked for the Sep-
tember 5th date. Let's put that over to September 12th
and then we will have that for September 12th and then
if we want to have a public hearing then we can go ahead
and do it, but let's keep it in house at this time."

Commissioner Murphy: "But then I think we ought to
ask the POA if they want to make any comments about
it as well as other organizations."

Lieutenant Frazier: "I would take it that the Mayor
would be notified that the matter would be discussed
at the September 12th meeting."

- 7^0 -

Commissioner Slgglns: "Well," I haven't had a
chance to read the letter, it's a letter to all
of us."

Commissioner Sanchez: "Well, we can just inform
her of the fact that it is calendared for the
12th."

Commissioner Siggins: "Okay, fine."

Commissioner Murphy: "And we should give her
the reason we are not doing it any earlier."

AUTHROZING THE CHIEF OF POLICE TO ENTER INTO A
CONTRACT FOR PROFESSIONAL SERVICES OF DR. MIMI H.
SILBERT AS DEPARTMENTAL TRAINING CONSULTANT. ,

Deputy Chief DeAmicis: "Mr. President, Lieutenant
Richard Klapp, the training manager for the Depart-
ment is here and he would like to speak to the issue."

Lieutenant Klapp: "Commissioners, this contract
is proposed to address the pressing issues which
confront the department in the next year. First
and foremost of which is compliance with the Federal
Court Consent Decree. And in the initial compliance
phase we will be required to train, at the basic
level, 320 recruit officers. That will be a contin-
uous recruit training program. Included also by a
condition of the Consent Decree is the training of
264 Sergeants in the state required supervisory
course. In meeting these conditions we are faced
with the continuing scrutiny of our content validity,
job relatedness of curriculum, objectivity of test-
ing and in this regard Dr. Silbert will perform
services in which she will monitor, scrutinize and
evaluate our curriculum and prepare professional
evaluations. She will do test preparations, test
analysis and within that test analysis, item analysis
to ascertain that there are no racial, ethnic, or
language bias and questions in the acitivity por-
tions of the curriculum. She will also perform
professional evaluation of our Supervisory curricu-
lum which we piloted, as you are aware, some three
years ago for the state. That's also a performance
objectives curriculum. We have four courses which
have been completed which will require evaluation
to insure again that our content validity is in-
sured, that we are, in fact, job related in that
curriculum and that it's meeting current standards.
She will perform a training needs assessment to
insure that we are, in fact, in compliance with the
Federal Court Consent Decree and also in compliance

- 741 -

with the standards set forth "by the Commission
on Peace Officers Standards and Training. Includ-
ed in that function will be a diagnostic testing'
program for the recruit level, which is a proposal
that has been introduced. She will also' assist in
devising a computerized system to complete the per-
formance objectives tracking, which is a problem
at the present time. And for the purposes of these
functions which are necessary to meet both Federal
Standards this contract is proposed by the Chief
of Police."

Commissioner Murphy: "Yes, Lieutenant Klapp, a dia-
gnostic recruit plan, is that anticipating some dia-
gnosis as to the personality qualities of recruits,
as to their adaptability and appropriateness in their
personality to police work?"

Lieutenant Klapp: "No, Commissioner, we have con-
ducted, for three years, remedial training programs
within our academy and that addresses students who
are experiencing difficulties in the curriculum.
We have provided remedial training to assist them
in meeting the scholastic criteria."

Commissioner Murphy: "And it's purely scholastic
and not personality problems?"

Lieutenant Klapp: "This deals with not only the
scholastic but also the activity portions of the
curriculum. We are expanding that remedial train-
ing program this year with the assistance of the
Community College System. We are providing a sep-
arate but supplementary remedial program. What we
would like to do where students are experiencing
scholastic difficulties, there is a proposal for
a diagnostic test and at present it is contemplated
that it will be given through the University of San
Francisco to diagnose exactly where the students
problems are, whether it be reading and writing
skills, reading comprehension and those types of
things. So she is proposing and will prepare that
diagnostic testing program, but it is scholastic."

Commissioner Toler: "Or through the Chair, Lieu-
tenant Klapp, has Dr. Silbert completed all of
the functions you just mentioned?"

Lieutenant Klapp: "Yes, she did."

Commissioner Toler: "How long has she been with
us now?"

Lieutenant Klapp: "She has been with us two years."

742 -

Commissioner Toler: "Those functions you mentioned
she has completed all of those already?"

Lieutenant Klapp: "Yes, there is a different
dimension to this function though Commissioner,
the dimension being is the new issues we face
in the Consent Decree, and the new standards
set forth by POST."

Commissioner Sanchez: "Or through the Chair, I
want to ask a few questions on this. I see where
the contract is quite extensive, including the
contractors, Research Associates and aides, what-
ever. During the past two years under this con-
tract have there also been research associates
aides, content validity specialist, psycho linguist,
criminologist, etc., that basically she has utilized
as far as evaluation of our program?"

Lieutenant Klapp: "Yes,"

Commissioner Sanchez: "Has there been some external
evaluation of the unit, per se, within the past two
years, that has been done either within the depart-
ment or externally?"

Lieutenant Klapp: "Of Dr. Silbert's services?"
Commissioner Sanchez: "Yes."

Lieutenant Klapp: "Yes, there has been considerable
scrutiny and there were deliverables which were, in
fact, satisfactory and met our needs imminently, yes,

Commissioner Sanchez1 ,• "Actually I would like to re-
quest for consideration that we hold this over for
two weeks until such time as the Commission gets
copies and, reviews the training programs that have
gone on for the past two years, and reviews the eval-
uations that have been done of both the content of
the programs, psycho linguistic, curriculum develop-
ment, etc., so this way we could better understand
and focus in rather than vote tonight. I have read
through this twice and I was hoping that there would
be some base line data showing what, in essence,
has been done over the past two years, as I said
also, in reference to what research associates have
been utilized. What the evaluations of those are?
We have heard in a number of hearings recently where
there has been some remedial services performed.
I don't know what the correlation is between that
and between her services, I would hope that we
could have a written report so this way we could
better understand what, in essence, we are doing
as far as this committment, which is major."

- 7li.

Commissioner Siggins ^ "Well "Commissioner, we
have gone through the, well first of all the
dazzling array of talent that is shown by Dr.
Silbert right from the very beginning. We have
been following this right along and have' been
rewarded with compliments from Police Officers
Standards and Training for her work. We know
that, this is certainly something you can look
into at any time you want to. Is there a time
problem on this?"

Commissioner Murphy: "Yes, there is a time
element . "

Lieutenant Klapp: "Yes, we are into very hurried
preparations to move into our new facility and
to prepare staff facilities resources to commence
this lengthy period of training as you are well
aware. It will probably take two and a half years
in the recruit area of constant training. We will
not have a period during that cycle of two and one
half years that we will not be doing recruit train-
ing. "

Commissioner Sanchez: "Basically, this contract
cited here is for October, correct, so therefore,
you are asking for an extension for two years?"

Lieutenant Klapp: "No sir, this is a one year
contract . "

Commissioner Sanchez: "This says, basically, October
and we are now in August, we, you know, basically,
two weeks would give us . some idea of their appli-
cations and the areas that have been quite signifi-
cant according to President Siggins, but I person-
ally have not seen anything in writing, or have I
ever recalled reviewing anything on this Commission
since I have been aboard pertaining to certain con-
tact areas that have been discussed in the initial
design here . "

Lieutenant Klapp: "There is considerable material
available Commissioner, in essence, as to evalua-
tion of training programs if I might add sir, we
have been officially commended by the Commission
on Peace Officers Standards and Training as having
the exemplary recruit training program in the state

Commissioner Sanchez: "I think that's outstanding
Lieutenant, I am not saying that, basically it hasn't,
I, just as one Commissioner, would like to see what
data we have pertaining to the past two years pro-
gress and, especially, when we are talking about a

- 7^44 -

significant amount of money including ex-number
of dollars for research associates, and consul-
tants dealing with some very critical areas of
internal content validity, program and, computer
specialty, psycho linguistic skills, not talking
about the criminology base which hasn't even
projected in here, and I think it is important
now, given the fact that we are talking about
a Consent Decree with 320 people coming aboard,
to insure that the programs we solicit and re-
sources is' second to none nationally, and I am
just asking, basically, that the Commission con-
sider a two week stay until at such time we have
a chance to review it, ask questions, and perhaps
have Dr. Silbert herself come here so we might
ask these questions directly to her."

Commissioner Siggins: "Well, Dr. Silbert will
be available to you at any time."

Commissioner Ciani: "Well, if there is time _.
pressure here I would suggest that we move this
ahead. I think we are extremely fortunate to have
someone like Dr. Silbert available. She's been
responsible for some of the most progressive and
best things that have happened in this department
in the last couple of years. I think you should
have that material available to review but I see
no reason to not pass this on the recommendation
of the Chief and the Academy."

Commissioner Toler: "Or through the Chair, would
this hamper your operation if this is delayed for
two weeks?"

Lieutenant Klapp: "Our preparations will continue
regardless. We do have four sets of evaluations
from supervisory courses which have been completed
for which we would like to have the professional
evaluation completed in order that we may make
any necessary adjustments or modifications in the
curriculum for the 11 presentations which are facing
us. We also have a supervisory course in progress
at the present time so there will be a 5th set of
evaluations that will come into that cycle."

Commissioner Sanchez: "Fine, so therefore, we have
a unique opportunity to review these once they are
submitted to the Commission for review prior to
our vote on this very important part of the Con-
sent Decree which is probably the basis of whether
or not we will have an outstanding program or a
second class one."

Commissioner Murphy: "If I may, I would like to
address my remarks to Commissioner Sanchez. I
think that three of us have had the opportunity
to discuss both in public and in private Dr. Sil-
bert and Lieutenant Klapp' s training program. We

7^5 -

are quite familiar with it arid very satisfied with
it.

However, I understand your feelings and
Commissioner Tolers ' about it. It is relatively
new to you and you have questions. However, in the
interest of time, money, and progress that we really
should go ahead and adopt this tonight.

It can always be modified in time and
if there are serious laxities in it, then I am
sure they can be modified, but in the meantime
I will move that we accept this contract tonight."

Commissioner Sanchez: "Or through the Chair, if I
might respond to Commissioner Murphy's comments,
I have not had the opportunity to meet with Dr.
Silbert in private, the only time that I think I
met her personally is here at one of our public
meetings about a year and a half ago. I am not
in any way questioning her skills or her contri-
butions. I know that she received her doctorate
in Criminology at UC Berkeley, I know there are
a number of other outstanding criminologist, some
of them specialize in psycho linguistic, content
validity, research methodology, etc., and a number
of these are outstanding scholars, many of whom
are minorities who have had an interest of parti-
cipating over the past year. I think there is a
major contribution the department could make if
indeed we are going to talk about an open system
of consulting, and I personally feel that I have
not yet seen anything in writing pertaining to the
unique contributions or the many successes of our
training program. There are many questions I would
like to ask and probably after reading the evalua-
tions I might have a few more or else I may have none.
I don't see what the great urgency is of two weeks
because, in essence, planning is going to go on
anyway. I am not saying we eliminate the program
or restructure it, I am saying, I, in essence, would
like to at least review what has gone on over the
past two years, in public, and to present those
findings, and perhaps Dr. Silbert and her staff could
come here and address the Commission and at that time
talk about where we are going, period. So, therefore,
I would like to move that we table this for two weeks."

Commissioner Ciani: "There was already a motion on
the floor."

Commissioner Sanchez: "But there was no second, I
moved to table and I think he (Commissioner Toler)
seconded it."

Commissioner Siggins: "Well you interrupted there."

7kG -

Commissioner Ciani :
Murphy's motion."

" ! would second Commissioner

Commissioner Siggins :
cussion?"

"Question? Further dis-

Bob Barry: "Excuse me Commissioners, I would like
to respond briefly. I concur with what Commissioner
Sanchez has asked the Commission to do and I speak
representing the Police Officers' Association and
we have some concerns revelant to the Consent Decree,
that we are involved in the monitoring process of
the Consent Decree, and we are moving into Federal
Court on the 11th to adopt some proposals that have
been in the mill for the last several months. Now
if Dr. Silbert is going to be presenting some pro-
posals or programs relative to the Consent Decree
in the future then I think it's encumbent that those
proposals be made available to the Commission, avail-
able to the employee organization that's involved
in the monitoring of the Consent Decree, because I
think we can have some input, and certainly we' would
like to scrutinize what Dr. Silbert is heading for-
I have some questions as to the amount of money that's
involved in this contract and if that figure is known
I would like to know that figure tonight."

Commissioner Siggins: "The figure that's presented
is... here is the contract, you want a copy of it?"

Bob Barry: "Yes."

Commissioner Murphy:
contract?"

"You don't have a copy of that

Commissioner Siggins: "No he doesn't get a copy of
the contract, but he can have this one, it is $39s
820.00."

Bob Barry: "And that's for a one year contract
Commissioner?"

Commissioner Siggins: "Yes."

Bob Barry: "Thank you. And are there any psycho-
logical services contemplated in Dr. Silbert 's
proposal that the Commission's aware of?"

Commissioner Siggins: "I would think there pro-
bably were but I couldn't answer that."

Bob Barry: "Well if the Commission is not aware
of that then I would strongly suggest that the
Commission "

- 7^7 -

Commissioner Murphy: "He said that he wasn't
aware of It . "

Bob Barry: "Then I would strongly suggest that the
Commission put it over a couple of weeks so that
we can all scrutinize this and before the Com-
mission votes on it they could do so intelligently
because I think there are a lot of questions that
really have to be answered. That's the position
of the Police Officers' Association."

Commissioner Siggins: "Any time that you want to
come up with an idea for psychological services
in the academy or in training you can come te
Us with'theiru . You have been here before, your
predecessor brought somebody in one night and we
listened to him. Well listen, we will have that,
we have a motion."

Bob Barry: "Well Commissioner, I just wanted. to
finish my point that if the Commission is not' aware
of the fact there may be psychological services con-
templated by Dr. Silbert, then I think it would be
premature for the Commission to adopt this contract."

Lieutenant Klapp : "There is nothing in the contract
or the work statement regarding psychological ser-
vices . ;!

Commissioner Murphy: "That's right."

Bob Barry: "Thank you Commissioners, that's the
position of the POA."

Commissioner Siggins: "Alright, call for the question.
All in favor?"

AYES: Commissioners Ciani, Murphy, Siggins
NAYS: Commissioners Sanchez, Toler

Commissioner Siggins: "Three to two, the motion
carries. I do think though that the Legal Depart-
ment....the hold harmless aspect of that, is not
complete. We have a sample here that would not
comply with Mr. Agnost's requirements."

Deputy Chief DeAmicis: "Mr. President, if you would
like that reviewed by our Legal Department, I will
have it done."

- 7^8 -

Commissioner Siggins: "L was" just pointing out
that there is a certain minimum that the contract
calls for that is not displayed here in her insur-
ance policy."

Commissioner Sanchez: "Through the Chair if I
might, I would like to find out if, in fact, some
of us on this Commission might get some reports
pertaining to what the concerns we had pertaining
to the contract, to the strengths of it."

Commissioner Siggins: "Commissioner Sanchez I
would consider that your job any time you had a
question about that and I present to you that Dr.
Silbert is ready, willing and able to answer any
of the questions you might have. And if you want
to get in touch with her tonight I am sure you can,
tomorrow or at any time."

Commissioner Toler: "Lieutenant Klapp could we
get copies of reports that would come to you from
Dr. Silbert?"

Lieutenant Klapp: "Yes, those are actually reported
to the Chief of Police Commissioners."

Commissioner Toler-: "Thank you."

Commissioner Sanchez: "Lieutenant Klapp we also
have data on the affirmative action policies of
the Department in reference to her consultant firm
and utilization of same for the past two years, can
you also get that for us and also what her projections
are in reference to utilization of minorities, espe-
cially in reference to this $150.00 a day consultants
and $135.00 a day and her $300.00 dolllar a day con-
sultant fees for proposals that we know nothing about?"

Lieutenant Klapp: "Those are questions that she
could address with you."

Commissioner Sanchez: "Well, I personally would rather
have this reviewed at a public Commission Hearing rather
than a private."

Commissioner Siggins: "You could have it done any-
time you want Commissioner Sanchez, when do you
want it, next week?"

Commissioner Sanchez: "Well we will hold it over
until... you know, it's voted now, it's academic,
but I would like to, basically, have the material
and then sometime under the Chief's Report, whatever,

- 7^9 -

we could discuss it here and perhaps have her here
and some of her staff here."

Commissioner Siggins: "Well let's have her here
at one of the earliest times."

Commissioner Sanchez: "Possibly the 12th, or the
week after that."

Commissioner Murphy: "The first evening we don't
have a hearing, well let's have her."

RESOLUTION NO. 5^1-79

AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO A
CONTRACT FOR PROFESSIONAL SERVICE OF DR. MIMI H.
SILBERT, AS DEPARTMENTAL TRAINING CONSULTANT.

WHEREAS, the Police Commission, upon
presentation by the Chief of Police, has determined
that the hiring and training of 620 Police Officers
and the promotion and training of 264 Sergeants with-
in a two year period commencing in October, 19793
as prescribed by the Federal Court Consent Decree,
will require expert consulting services to insure
compliance with State and Federal requirements; and

WHEREAS, the Commission has determined
that Dr. Mimi H. Silbert has established the requisite
qualif icatons to perform these services;

BE IT THEREFORE RESOLVED, that the Police
Commission hereby authorizes the Chief of Police to
contract for the professional services of Dr. Silbert
to complete a Training Needs Assessment and to monitor
evaluate and recommend necessary revisions in the Re-
cruit and Supervisory Training Program for the San
Francisco Police Department;

BE IT FURTHER RESOLVED, that expenses not
to exceed $39s820 incurred in the performance of this
contract be defrayed by the Police Department's Police
Officers' Training Fund.

AYES: Commissioners Ciani, Murphy, Siggins
NAYS: Commissioners Sanchez, Toler

STATUS REPORT FROM CIVIL SERVICE ON LATEST Q2 EXAMINATION

Deputy Chief DeAmicis stated to the Commission that at
their August 15th meeting the Commission had requested

- 7r>0 -

a Status Report on the <4'd Examination. He then
introduced Mr. Jeff Rothman, a Civil Service
Affirmative Action Coordinator, who has been
tracking the examination and asked him, to give the
Commission an overview of the examination's cur-
rent status.

Mr. Rothman then gave the Commission a chrono-
logical breakdown of the events occurring with
the examination concluding with the statement
of the Civil Service Commission in that they
wished to weight both the Oral Examination Phase
and the Audio Visual Phase which he stated was a
most unusual step for the Civil Service Commission
and a great deal of concern was caused as the Com-
mission delayed that decision and still proceeded
with the examination. He stated that they had wanted
a 50-50 weighting of the test, but has not as yet con-
firmed it. He said the Commission is meeting in an
Executive Session next Tuesday at three o'clock,
and the session will include the Chief of Police,
the Mayor and the City Attorney and they will .be
reviewing certain parts of the Exam, and hopefully,
shortly thereafter arriving at a conclusion regard-
ing what weight they will assign to the two weight-
able parts of the Examination and what cut-off point
they intend to establish for purposes of use of this
particular test.

The Commission then thanked Mr. Rothman for hi;
presentation.

PRESENTATION REQUESTING THAT THE POLICE GYMNASIUM
IN THE HALL OF JUSTICE BE MAINTAINED WHEN THE POLICE
ACADEMY MOVES TO FREMONT SCHOOL.

Deputy Chief DeAmicis: "Mr. President, the Chief
has forwarded to you a petition signed by 82 police
officers who are requesting that when the Police
Academy which was slated to move, does in fact move
to Fremont School that the Department retain the
Police Gymnasium here on the fifth floor. The Chief
has responded to that and you have it in your packet
and a number of the petitioners are here this evening

Commissioner Siggins: "Yes, and I understand that
there is a time problem on that. Something has got
to give tonight on our calendar because we have many
more items but obviously this one is something that
has to be heard. Is there any indication that there
is a time limit on it?"

Deputy Chief DeAmicis: "That's right. We have de-
layed the move in order for you to entertain this
petition and our final date of moving, I believe,
is set for the fourth of September with the mover.

- 751 -

We also have a number of other reasons why we

want to move. We want to start the training at
Fremont School. We want to establish the recruit
training so there are a number of reasons why we
would like that move."

Commissioner Siggins: "Okay, so the basic thing
is that we would have two gymnasiums, is that
right? We would keep the one here and in Fremont
School there would be a new one."

Deputy Chief DeAmicis: "That's correct."

Commissioner Siggins: "And then there is a space
problem here in the building and there is some in-
dication that the Board of Supervisors wanted to
turn over some of that space to the Public Defender's
Office."

Deputy Chief DeAmicis: "Yes sir, that was a tag on
our Supplemental Reappropriation for Fremont School,
however since that time we have been advised that the
Director of Property in San Francisco, Mr. Wally Wort-
man is the individual who determines who gets what
whenever a space is vacant. We have a number of
requests that we have received, the Public Defender
being one, the District Attorney being another and
there is some question as to whether we will want to
give up that space because what's coming in the offing
is that we may consider bringing the Criminal Justice
Data Computer Center here. If we do that, that comes
equipped with about 20 employees and necessary space
for a mini computer. That gymnasium area is large
enough to handle that. That is in the developmental
stage what I have just brought to you."

Commissioner Siggins: "Okay, what are the plans
with the other parts of the Academy there?"

Deputy Chief DeAmicis : "We have plans to move some
of the Support Services Bureau upstairs from the fourth
floor to the fifth floor. Also in the working stage
is the establishment of a decentralized testing unit
for the Department that will need a number of class-
rooms and will have 16 additional employees so that
whole complex, that whole Personnel and Training com-
plex can be used by the Department."

Commissioner Murphy: "You mean that's not gymnasium
space, that's space that is going to be left vacant
because they are going to Fremont?"

Deputy Chief DeAmicis: "That's right

- 752 -

'''irnmiasioner Murphy: "Let tne" ask you another
question, how much of the equipment in the pre-
sent gym will have to go out to Fremont, any of "it?"

Deputy Chief DeAmicis:
speak to that issue."

"Captain Shannon is here to

Captain Shannon: "Basically, Commissioner, the
lockers because we have no lockers at the new
facility there, gym-type lockers. And the athletic
equipment which includes mats, a Universal Weight
Machine, tackle dummies used when practicing with
batons are the major items that will be moved out
to the new facilities."

Commissioner Siggins: "Sounds like you haven't been
through that physical agility testing for a while.
This stuff has to go out there, is that right Captain?"

Captain Shannon: "Yes, basically, if we don't have
it we won't be able to do the training. We don't
have enough money to maintain two facilities and if
we don't have it we won't be able to do the training
at Fremont. It does have a gymnasium."

Commissioner Siggins: "But the petition now is that
they want to keep, they want to keep that area for
a gym or do the petitioners recognize the fact that
the material has to go out there for the school?"

Captain Shannon: "I read the petiition, but I
believe they want to maintain the equipment at
this facility."

Commissioner Murphy: "Could they use the gym with-
out the equipment that you have to have out at Fre-
mont, I mean is it usable In that one could exer-
cise without lockers?"

Captain Shannon: "The room will be there if it is
not used for anything else. The shower facilities,
at this point, there are no plans to tear them out.
There will not be locker facilities there if we are
taking them with us."

Paul Chignell: "As petitioners we would like to
represent our position."

Commissioner Siggins: "Oh, of course, but we
want to... is this going to be a Charter Amendment,
yes, you were not listed as a.... I don't think,
I didn't see you down as a petitioner."

- 753 -

Paul Chignell: "Woii, we have an additional peti-
tion. We have 410 signatures on It."

Captain Shannon: "One of the items th'at Mr. Chignell
mentioned is that there are a lot of people that
signed the petition. Our current use of personnel
not being trained at the gym never gets much more
than 30 people. The original petition we received
had 82 names on it. Of those 82 names, 10 of them
were people that were regular users of the gym. The
gym out at Fremont School will be available the same
as the gym is here. There will be parking available
at Fremont School. If people want to use it it will
be available to them."

Commissioner Murphy : "This memorandum indicates that
about 40 plus members use it in a week."

Captain Shannon: "That's between 20 or 30 that we
counted. There could be a few others that get in
there . "

Commissioner Murphy: "What about this place at Oak
Street?"

Captain Shannon: "Mr. Chignell could talk better to
that point, I a

t +- it

Commissioner Siggins : "Okay, now we will be glad
to hear from the petitioners."

Paul Chignell: "Thank you,

Commissioner Siggins: "Are you speaking for the
petitioners?"

Paul Chignell: "I am the spokesperson for the peti-
tioners and I just want to make a few brief comments
and then turn it over to Lieutenant Foss who has some
brief comments and would like to introduce a few
speakers. It shouldn't take too long. The Police
Officers' Association is in total support of the peti-
tion. We request that the Police gym remain open
for the use of the officers of this Department. One
of the reasons why we believe strongly that a Police
Gymnasium should be maintained is because we are con-
cerned, as many people are, about the facets of police
work that involve heart disease, ulcers, stress, back
injuries and obesity because we pay for attorneys to
represent these officers who go for disabilities and
we are concerned about the high disability rate. This
building houses approximately 750 police officers who
have the availability of the police gymnasium. Cap-
tain Shannon's figures are incorrect as the sign in
sheet is now always signed by the officers who use the

- 754 -

gymnasium. It's much higher than 30 or 40 a
week. As you know, police officers who entered
this Department after March 6, 1970, must pass a
physical exam. They use the gymnasium(to prepare
for it . The main point in keeping the police
gymnasium at its central location is because of
the large number of officers here. There are no
shower facilities at Fremont School. It's not the
same kind of a gymnasium which Lieutenant Poss will
allude to. If there is a problem with the equip-
ment I think we can work out some other means of
funding for the equipment. We feel strongly that
there should be a facility available. The prior
Commission under Mayor Alioto in a permanent order
that was put out to the entire Department encouraged
officers to engage in physical activity and the
discussion at that time was that they encouraged
officers to use the police gymnasium and we also en-
couraged that and we hope that it will continue."

Commissioner Siggins: "Was that a subject of meet
and confer or did you just go along with it?"

Paul Chignell: "I don't recall if there was a
meet and confer, but we agree with the policy Mr.
President. I would like to introduce Lieutenant
Foss who has some comments to make and other
officers will follow. Thank you."

Lieutenant Ken Foss: "Mr. President, I would like to pre-
sent the remainder of the petitions. A total of approx-
imately 409 signatures of sworn personnel plus 18
civilians . "

Commissioner Siggins: "Right, you know I feel that
I would speak for the sense of the Commission that
we try to work out the mechanics of the thing more
than... it's nice to have a gymnasium, but let's fig-
ure out how we can do it. If we have to move this
one out to Fremont then we have to do it. That's
what I would be more concerned with."

(Lieutenant Foss passes out data to Commissioners
at this point . )

Commissioner Ciani: "As far as I am concerned, this
data is very interesting."

Commissioner Siggins: "Yes, we would have to agree
with this."

Paul Chignell: "We would be happy to work with you
in working that out. We don't believe that you have
to give up this gymnasium."

- 755 -

Commissioner Siggln. : "Well", It's easy to say

that, but we would have to get the Department to
tell us that. I see the gym and I would not agree
with these statistics. When I go in there I see
more people using it the times that 1'have been in
there. But if it has to go out to Fremont I don't
see where we are going to get the equipment for
Fremont School."

Paul Chignell: "I don't think, Commissioner, that
it has to go out to Fremont. Forty recruits only
at Fremont whereas there are hundreds of police
officers in this building."

Commissioner Siggins: "In this building, now see,
now that's another thing. Convince us, if you will,
that if you can, that this is not a pet project of
people within this building as against people out
in the Richmond Station or Park, you know, and that
they come down here and use the gym on their off
hours . "

Lieutenant Foss: "Well, I went in and I talked
to Al Johnson who is the Court Liaison Officer.
They have approximately 6l officers according to
Officer Johnson who come in from the outlying sta-
tions to testify. A good many of those officers
have to standby for several hours until they testi-
fy in court. Well, a lot of them use the gymnasium.
Now if you will look at the last page of the mater-
ial I gave you it gives you a run-down of 762 officers
according to Operations Center, are at 8 stations not
located at the Hall. If we have 1,565 officers that
leaves approximately 800 assigned here, give or take
a few. Not only these officers, but the District
Attorney's Office, some Probation Officers and many
civilians use that gymnasium. So it's a well used
facility. We have two Deputy District Attorney's
here to testify to that tonight. Not only that, I
have been up there a lot and I don't sign sheet. We
can't work out during duty hours."

Commissioner Siggins: "They accused you of signing
the petition twice, I think."

Lieutenant Foss: "Perhaps it was my brother, Douglas
Foss, who signed it. Tonight what I wanted to do was
Introduce a variety of speakers from different areas
of the Police Department, if I could, for a very short
talk to voice their support."

Commissioner Siggins: "I don't think we need that
Lieutenant and I would go along here that nobody
would be against closing the gym if we don't have
to er, pardon me, I mean nobody would be against
keeping the gym if we could."

756 -

Commissioner Sanchez: "Mr. Chairman, i would
like to ask a question through the Chair If I
might? I just wanted to ask something of Cap-
tain Shannon. We are scheduled to utilize Fre-
mont's gym, correct, which is very limited at
this point. Basically, there are no lockers
and there are no shower facilities period, okay?
And, basically, no lockers. I was wondering
if perhaps somebody in the Department could
factor out what it would cost the Department
to either buy lockers and showers and put in
adequate ones at Fremont or if, as an example,
we might maintain both and utilize those monies
or minimum monies to have like a shuttle bus
going from here to there for specific type of
physical activities. Secondly, the gym is not
only used Monday through Friday, I know per-
sonally that a number of clubs, Southpark, Red
Shield, Columbia Park, Cannon Kip, Boys Club,
Girls Clubs, here in the south of Mission area,
utilize that thing extensively on Saturdays
and other parts of the week and it's accessible
to the kids jn the neighborhood. If we are
going to scuttle the whole thing and move it
out to Fremont, we are talking about a loss of
recreation space not only to the community, but
also to the Department. So I would like some
reaction on that."

Captain Shannon: "As far as the building, we
have got an estimate. It's about a year old.
It was $85,000 to put in showers and locker
facilities, and I would imagine you could add
another $10,000 to it now with the raise and
the cost of living."

Commissioner Murphy: "You are talking about
Fremont now?"

Captain Shannon: "That's at Fremont. We anti-
cipate that we will continue to have the facility
open for... that's the PAL Program you were talk-
ing about Commissioner. It's run by Officer Joe
Mollo who is our main physical trainer and he was
anticipating running the program out at Fremont
School. Fremont School, by the way, is on a bus
line. It's on the 51 line, would be just about
as accessible as this facility for those children,

Commissioner Sanchez: "Either that or else we
could expand it."

Captain Shannon: "We could. One of the problems,
I don't know if you are familiar with the PAL
Program, is to get the coaches. If we had en-
ough coaches, I am sure the PAL Program would be
happy to expand it. We looked into the concept
of busing our recruits and one of the problems
is time. We are going to have more than 40 re-
cruits. We are going to have up to 120 recruits
going to the school or going through recruit
school at any given time. We are going to have

- 757 -

three classes, overlapping classes. The need for,
especially say, for the Universal Weight Machine,
as was brought out by the last speaker in speak-
ing about the testing processes they used a dif-
ferent process in testing the women and testing
the men and we know from past experience that some
of those people will not have the upper body strength
they need. You can't put them on a regular dumbbell
because if they are not strong enough they could
fall down and be injured, but you can put them on
a Universal Weight Machine and if it gets a bit too
heavy or if they get tired, the machine is designed
so that it won't hurt them. That's one of the rea-
sons that we need that machine out there. Part of
the equipment or, in fact, a good portion of the
equipment, does belong to the PAL. It was pruchased
for Officer Mollo's activities and it will be moved
out. That's basically the mats that are on the floor,
we use and the PAL uses."

Commissioner Toler: "The $85,000 Captain, will take
care only of the showers and the lockers?"

Captain Shannon: "Showers, yes, that building is a
cement and steel building. It does have plumbing
facilities in it . I thought it would be less too.
This war. the Bureau of Architecture's estimate, not
mine. They said $85,000 to put in a... there would
be two; a men and women's locker rooms and then
dual showers that would be necessary."

Commissioner Toler: "What is the estimated cost
for equipping the whole building, the gymnasium
with all of the facilities we have here?"

Captain Shannon: "Well, all along we thought we
were going to bring our equipment out. There is
a stage in the gymnasium. There is a decision at
this point that has been made to maintain it, but
if it comes out, the School Department said they
would refinish the floor and put some more basket-
ball equipment in it. The gymnasium itself, the
facility is a standard school-type gymnasium fac-
ility. They never put showers in because the build-
ing was built as a grammar school."

Commissioner Murphy: "Mr. President, I will move
that we transfer to Fremont School all of the nec-
essary equipment that they need over there. Just
what they need, nothing more and also that it be
the expression of the Commission that we keep the
gymnasium at Bryant Street open for the use of the
officers here and others who have used it tradition-
ally, as long as we possibly can in the hope that
it will be useful. And in order for the gym to be
useful, it is our hope that donations from the POA
and others will be made."

- 758 -

Commissioner Ciani: "ComnrisBS'loner, could 1 ask

that we amend that so that it is subject to hav-.
ing adequate supervision to protect the Depart-
ment from liability?"

Commissioner Murphy: "I will add that, certainly."

Lieutenant Poss: "Commissioner, without lockers
they are not going to use the gym. It's just use-
less then without the lockers."

Commissioner Murphy: "Well, I don't know how you
are going to. create 80 lockers when you only have
^4 0 anyway. I still think you have got to send
those out to Fremont."

Commissioner Toler: "Can you get by with less than
80 lockers at Fremont?"

Captain Shannon: "Well, at some point down the
line, about January or February, we are going to
need all 80. At the beginning when we have 40 re-
cruits we are going to need less. As Deputy Chief
DeAmicis mentioned the movement of the lockers is
the moat expensive cost of the tnovxng because they
come apart and are something like an erector set.
They come in sections of three and they have to

moved out. It's a time consuml nc; thing and it
would probably cost you another couple of thousand
dollars to move an additional 40 lockers."

Commissioner Sanchez: "Or through the Chair if I
might, is there some regulations that states these
lockers must be new lockers or that they basically
belong to the Academy or what?"

Captain Shannon: "We are not putting in new lockers,
we are putting in the lockers we have here."

Commissioner Sanchez: "Okay, basically the point
I am making is the fact that the School District,
and I believe that somebody can contact the new
director of supplies and equipment, has surplus
lockers, both at Poly, John O'Connell and Samuel
Gomphers. And, also St. James School has been
auctioning off and having garage sales of surplus
school lockers because the school is no longer in
operation. It could very well be that within 24
hours you could have not only 40 but 120 lockers,
surplus lockers, that could be obtained or donated
to the Department or whatever. I would hope that
maybe we could use some creativity about this.
Rather than moving this segment over here when we
have all of this surplus stuff going on over in
the School District."

- 759 -

Lieutenant Poss: "That would save our gym."

Captain Shannon: "Commissioner, we have been doing
quite a bit of creativity just to equip this place.
I have no objection to speaking with the Board of
Education. We have been doing it for desks and other
items, but the decision is yours on what we do."

Commissioner Sanchez : "I would be glad to meet with
the Chairman of the Board tomorrow pertaining to it.
As I said, I know for a fact there are many community
groups basically have been buying some of this sur-
plus equipment that could very well fit right into
Fremont . "

Commissioner Murphy: "Well, I think you are per-
fectly right Commissioner Sanchez and I would hope
they use it and we could get enough lockers for
everybody. I don't think that in a sense affects
the principle that's been enunciated in this .motion
that has just been made and that is that Fremont
be equipped as best it can and proceed with that and
that this gym be preserved and that if, for example,
the POA or anybody else can go and get those lockers
that's fine. Now, if you can do it before they move
out there, of course, that would be absolutely per-
fect because then you wouldn't have the cost of mov-
ing the lockers. Just simply have them available."

Captain Shannon: "Commissioner, if we get them
from the School Board we would still have to pay
for the moving."

Deputy Chief DeAmicis: "Commissioner, just as a
sense of direction to the Administration, is it
your direction if this motion is passed, that if
the Department can locate and acquire lockers, that
those lockers be moved to Fremont School and then
the lockers remain here and that's by the September
4th final deadline. If lockers cannot be located
by that time then the lockers that are here be taken
to Fremont School? Thank you."

Commissioner Murphy: "Yes."

Commissioner Ciani: "It has been moved and sec-
onded. "

Commissioner Siggins : "It has been moved and
seconded? Okay, question?"

Lieutenant Foss: "That doesn't really give us much
time to really check the lockers out that September
4th deadline."

- 760 -

Paul Chignell: "Can we ask why a September 4th
deadline?"

Captain Shannon: "Yes, I can probably* answer
that best. We, or the City, went out to bid on
the move. We requested to move into Fremont School
as quickly as possible. The fact that the school
has been empty has caused a certain amount of
vandalism. We originally scheduled the move for
August 20th. At that time the petition came up
and the move was delayed. We asked the mover who
received the bid how long he could delay it. The
week of September 4th was the latest he could move
and then after that he would be going into other
contracts he had for moving other people. At that
point, being a bid had been made and signed, that's
the latest we could move it, and we want to get into
the school because the sooner we get into the school
the sooner we can complete the repairs that has to
be done in the school. The school would have a
presence of occupancy and we know from speaking to
the School Board that that reduces vandalism quite
a bit and we know that school before when it was
occupied it didn't have a major vandalism problem..
I am sure every school had some, but it didn't have
a major problem. The school right next door to it,
Pelton, had no problem, but we feel once we are in
there and we are occupying it and they see regular
occupants ... .we are also planning. . .or hope to
start on our next Muni Transit Class on September
10th. We don't know exactly because of when the
list is going to come out, but we anticipate start-
ing the first Recruit Class on October 15th. We
don't have an awful lot of time."

Commissioner Murphy: "Well then the purchase of
school surplus lockers could still be.... if you had
to go from here, the lockers from here to there,
purchasing could still be made, it seems to me if
the effort is made here. It is going to cost some-
thing in any event. Could they possibly get those
lockers free?"

Commissioner Sanchez: "It's possible to get them
free or for a dollar or whatever a locker. That's
not the problem, the problem is establishing com-
munications. Also, I would like to throw this out.
The Chief mentioned the fact that school starts
September 11th, so Pelton will be operational Sep-
tember 11th and in the first week they will take
the student counts and teachers and etc., and at
that point too we might have further information
about utilization of the gym either part time, full
time or no time, whatever. So if perhaps it were
possible I would hope we might consider, you know,
September the 11th or a few days after that, to
find out where we are and, if perhaps we are talk-
ing about utilization of the gym and/or bringing
lockers in, when, in essence, we may not have to if
we are going to use it. It doesn't make that much
sense to me personally to be making a decision when,
in essence, we don't know what our navigation plot
is until the week of September 11th."

- 761 -

Lieutenant Poss: "With the September 4th deadline
we have two business days, Monday is a holiday.
That's very little time."

Deputy Chief DeAmicis: "We are- aware of that dead-
line. You know the obligation is on the Department
here to do something, meaning us, me. So we will
be working those two days also. Very frankly, if
we cannot locate lockers in two days then there
aren't any lockers. So it's my feeling here that
if lockers are available we will be able to locate
them in two days."

Commissioner Siggins: "Or get a commitment for
them."

Deputy Chief DeAmicis: "Yes."

Commissioner Murphy: "We want Fremont taken care
of and we certainly want the gym open as long'as
it's possible to have it open and available and put
it with the officers of the POA, etc."

Commissioner Siggins: "Alright

Officer Michael McElligott: "I am Officer McElligott
from the Task Force and I took a tour of the place a
couple of days ago and if you are going to have that
thing operational there is only two toilets out there
that you can use. Everything else is real small and
tiny. Now, if you are going to have gyms out there,
you know, I am speaking out of turn, the Captain

Commissioner Siggins: "No, your turn, that's alright."

Officer McElligott: "Okay, but if you give us a
few more days there is enough guys interested in it,
I know September 4th you are going to have movers
and stuff like that. Officer Hurley and some of the
other guys got a bunch of lockers that are out at the
point (Hunters Point) and if you give us a couple of
days we can find some lockers for you. And, if you
are really lucky we might even find some toilets for
you because you don't have any out there. And, I
don't know what you are going to do with an entire
Academy when only two Johns are working."

Captain Shannon: "Pardon me, there's a few more.
Because of the fact that they are cleaning up there
are a few more. In the lower level, which was the
kindergarten and through second grade, have the
smaller bathroom facilities. But on the upper levels
they have regular size bathroom facilities, and they
have them because they had full size teachers and
others and these are, we feel, adequate for our needs
We hope at some future date naturally to increase It,
but we have, we feel adequate bathroom facilities."

- 762 -

Commissioner Siggins : "This -will be the 133rd
Recruit Class? They will be saying remember when.
Shall we vote on the motion itself?"

Commissioner Ciani: "Question."

Commissioner Siggins: "Call for the question?
All in favor?"

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

Captain Shannon: "The first thing in the morning
I will contact the School Department because we
haven't any contact with them and find out, in fact,
if there are several lockers available and if there
are and where they are, and if we can have them and
I will tell the Deputy Chief as soon as I find out."

Commissioner Siggins: "Let me suggest that Dr.
Sanchez make the first call."

Commissioner Sanchez: "Yes, I will get on the horn
the first thing in the morning because I know where
there may be some available."

Captain Shannon: "May we move the other equipment?"

Commissioner Siggins: "Yes, yes, that's part of the
motion. Take what you need."

DISCUSSION OF PROPOSED SAN FRANCISCO CHARTER CHANGES
TO BE SUBMITTED TO THE SAN FRANCISCO CHARTER COMMIS-
SION. (CONTINUED FROM THE MEETING OF AUGUST 1, 1979)
- CONTINUED TO SEPTEMBER 5, 1979.

Commissioner Siggins: '.'Officer Chignell, in the in-
terest of time I discussed this briefly with the
other Commissioners and we want it, we have an awful
interest in it. It takes us, to go through what we
have here, the material, about 15 to 20 minutes.
Could you put yours in writing, your recommendations,
so that we would have it there memoralized? We want
to meet with you, but I think tonight something has
to give. You suggested that it would take an hour."

Officer Paul Chignell: "About an hour Commissioner,

Commissioner Siggins: "Can you be prepared next
week?"

- 763 -

Officer Paul Chignell: "Yes "sir,

Commissioner Siggins: "Let's make it „ in fair-
ness to Officer Chignell, earlier on the calendar
so we can get to it up front there."

Officer Paul Chignell: "I will provide to you our
position on the 20 odd items and then I will orally
discuss our position with you. Will that be al-
right?"

Commissioner Siggins: "Yes."

RESOLUTION NO. 543-79

REQUESTING APPROVAL OF THE BOARD OF SUPERVISORS TO
ACCEPT AS A GIFT THE SALARIES AND FRINGE BENEFITS
OF SIX ENVIRONMENT-NOISE CONTROL ASSISTANTS FROM
THE SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM.

RESOLVED, that the Police Commission re-
quests the approval of the Board of Supervisors to
accept as a gift, the salaries and fringe benefits
for six Environmental-Noise Control Assistants from
the Senior Community Service Employment Program.
Said assistants, whose services are valued at $16,
314* for the six-month period in which they will work
(25 hours per week) will be assigned to the depart-
ment's Noise Abatement Unit.

*Six 1424 Clerk-Typist at $709/Mo. x 50%

Time x 6 months = $12,762

Fringe (20%) 2,552

$15,314
Insurance 1,000

$16,314

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 539-79

REQUEST FOR A SUPPLEMENTAL APPROPRIATION FOR CONTIN-
UATION OF SENIOR CITIZEN ESCORT SERVICE HUD FUNDED
AREAS FOR PERIOD JANUARY 31, I960 THROUGH JANUARY 31,
1981.

RESOLVED, that the Police Commission approves
the request for a Supplemental Appropriation to provide
funds for continuing service of HUD funded areas and
program administration for the Senior Citizen Escort
Services in the amount of $472,029-00.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

- 7(^ -

RESOLUTION NO. 542-79

AMENDING SUPPLEMENTAL APPROPRIATION RESOLUTION NO.
496-79 TO ADD AN ADDITIONAL 12 (TWELVE) MUNI TRAN-
SIT OFFICERS TO THE ORIGINAL REQUEST OF 50 (FIFTY)
MUNI TRANSIT OFFICERS.

REQUEST FOR A SUPPLEMENTAL APPROPRIATION FOR SIXTY TWO
(62) 8218 MUNICIPAL TRANSIT POLICE OFFICER POSITIONS.

RESOLVED, that the Police Commission hereby
approves the request for a Supplemental Appropriation
in the amount of $639,547 to fund sixty two (62) 8218
Muni Transit Police Officer positions for the period
beginning October 1, 1979 and ending June 30, 1980.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

CONTINUATION OF THE HEARING OF POLICE OFFICER BRUCE
BUSHNER - COMMUNICATIONS DIVISION

The hearing of Police Officer Bruce
Bushner, Communications Divison, was called, it
having been continued from Wednesday, August 29,
1979, to this date.

Police Officer Bruce Bushner appeared
in person and was represented by Sergeant Michael
Hebel, Attorney at Law.

Mr. Lawrence Wilson, Attorney at Law,
appeared as the Prosecutor for the Police Depart-
ment .

Commissioner Siggins, at this time stated
that because of the extensive time utilized in dis-
posing previous agenda items, he requested the
concurrence of Sergeant Michael Hebel, Police Officer
Bruce Bushner's attorney, to continue Officer Bushner's
hearing to October 3, 1979.

After obtaining Sergeant Hebel and
Officer Bushner's concurrence, the hearing was
continued to Wednesday, October 3, 1979 at 1730
hours, in Room 551, Hall of Justice.

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

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

- 7b^ -

HEARING OP POLICE OPFICEH MICHAEL KELLY, VICE
CRIMES DIVISION

The hearing of Police Officer Michael
Kelly, Vice Crimes Division, was called, it hav-
ing been set for this date. Police Officer Michael
Kelly was charged with violating the Rules and Pro-
cedures, as follows:

SPECIFICATION NO. 1

Conduct Unbecoming an Officer. (Vio-
lation of Section 2.13 of the Rules
and Procedures of the San Francisco
Police Department.)

SPECIFICATION NO. 2

Use of Excessive Force on Another
Without Lawful Jurisdiction. (Vio-
lation of Section 2.13 of the Rules
and Procedures of the San Francisco
Police Department.)

SPECIFICATION NO

Use of Execessive Force on Another
Without Lawful Jurisdiction. (Vio-
lation of Section 2.13 of the Rules
and Procedures of the San Francisco
Police Department . )

SPECIFICATION NO. 4

Failure to Answer Truthfully Ques-
tions Propounded. (Violation of
Section 2.49 of the Rules and Pro-
cedures of the San Francisco Police
Department . )

in a properly verified complaint by Charles R. Gain,
Chief of Police of the San Francisco Police Department

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

Mr. Lawrence Wilson, Attorney at Law,
appeared as the Prosecutor for the Police Depart-
ment .

- 766 -

Mr. Bley, on behalf of Officer Kelly,
requested that the hearing be closed.

Mr. Wilson, in response, presented
argument as to why the hearing should remain
open.

The Commissioners, after listening
to arguments from Prosecuting and Defense Attor-
neys, voted on the motion to close the hearing.
The motion was moved and seconded and voting
went as follows:

AYES: Commissioners Sanchez, Toler, Siggins
NAYS: Commissioners Ciani, Murphy

The Commission then adjourned at 21^40
hours, and the matter was continued to Monday,- Sep-
tember 10, 1979, at 1730 hours, in Room 551, Hall
of Justice.

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

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

HEARING OP POLICE OFFICER DANIEL MARR, BUREAU OF
COMMUNICATIONS

The hearing of Police Officer Daniel
Marr, Bureau of Communications, was called, it
having been set for this date. Police Officer
Daniel Marr was charged with violating the Rules
and Procedures, as follows:

SPECIFICATION NO

Conduct Unbecoming an Officer and
Reflecting Discredit on the Depart-
ment. (Violation of Section 2.13
of the Rules and Procedures of the
San Francisco Police Department.)

- 767 -

SPECIFICATION NO

Conduct Unbecoming an Officer and
Reflecting Discredit on the Department.
(Violation of Section 2.13 of the Rules
and Procedures of the San Francisco
Police Department.)

SPECIFICATION NO,

Conduct Unbecoming an Officer and
Reflecting Discredit on the Department.
(Violation of Section 2.13 of the Rules
and Procedures of the San Francisco
Police Department.)

SPECIFICATION NO. 4

Using Force and Violence on Another
Person Without Justification. (Vio-
lation of Section 2.13 of the Rules
and Procedures of the San Francisco
Police Department.)

SPECIFICATION NO

Using Force and Violence on Another
Person Without Justification. (Vio-
lation of Section 2.13 of the Rules
and Procedures of the San Francisco
Police Department.)

SPECIFICATION NO. 6

Failure to Truthfully Answer Ques-
tions Propounded. (Violation of
Section 2.49 of the Rules and Pro-
cedures of the San Francisco Police
Department . )

SPECIFICATION NO. 7

Failure to Truthfully Answer Ques-
tions Propounded. (Violation of
Section 2.49 of the Rules and Pro-
cedures of the San Francisco Police
Department . )

SPECIFICATION NO. 8

Failure to Truthfully Answer Ques-

- 708 -

tions Propounded. (Violation of
Section 2.^9 of the Rules and Pro-
cedures of the San Francisco Police
Department . )

in a properly verified complaint by Charles R.
Gain, Chief of Police of the San Francisco Police
Department .

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

Mr. Lawrence Wilson, Attorney at Law,
appeared as the Prosecutor for the Police Depart-
ment .

Mr. Bley, on behalf of Officer Marr,
requested that the hearing be closed.

Mr. Wilson, in response, presented
argument as to why the hearing should remain
open.

The Commission, after listening to argu-
ments from Prosecuting and Defense Attorneys, voted
on the motion to cluse the hearing. The mo Lion
was moved and seconded and voting went as follows:

AYES: Commissioners Sanchez, Toler, Siggins
NAYS: Commissioners Ciani, Murphy

The Commission then adjourned at 2140
hours, and the matter was continued to Monday,
September 10, 1979, at 1730 hours, in Room 551,
Hall of Justice.

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

Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

The Commission then adjourned its meeting at
21^0 hours.

- 76° -

5 SEPTEMBER 1979 REGULAR MEETING

^T/LujiJ-tj

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, September 53 1979 at 1730 hours in
regular session.

PRESENT: Commissioners Ciani, Murphy, Sanchez,

Toler, Siggins DOCUMENTS OEPT.

Mitii 1 % 19/9

Commissioner Siggins presiding. ,u* * ° *

SAN FRANCISCO
PUBLIC LIBRARY

RECOMMENDATION OF THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendation 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:

lior, POLSOM STREET - INTERNATIONAL HOUSEHOLD EXPORT INC

a) At 1195 Folscm Street, install a 29'

yellow zone, extending from 3^' to 63'
west of east property line between drive-
ways .

599 MASON STREET - MARINE'S MEMORIAL - HELD OVER

APPROXIMATELY 110 UTAH STREET - AVERY PAPER &

SUPPLIES - DENIED

a) At approximately 110 Utah Street, install
a ^5 ' red zone, extending from 4 3 ' to 88'
south of north building line. DENIED.

APPROXIMATELY 289-12th STREET - HAMBURGER MARY ' S-DENIED

a) At approximately 289-12th Street, install
a 22' yellow zone, extending from north
property line 22' south of same. DENIED .

801 PACIFIC AVENUE - EL DORADO MEAT CO.

a) At 801 Pacific Avenue, change existing
yellow zone to STLZ 36' yellow from 9'
to H51 west of east property line. Zone
to be STLZ from 7 A.M. to 1 P.M.

T«30 21V CO

- 770 -

1140 FOLSOM STREET - BAY COMMERCIAL LIGHTING

SUPPLY COMPANY

a) At 1140 Folsom Street, install a 44'

green zone, extending from east property
line 44' east of same.

1122 FOLSOM STREET - THORSEN WAREHOUSE CO.

a) At 1122 Folsom Street, install a 27'
green zone, extending from 6' to 33*
west of Langston.

1011 GARFIELD - LUTHERAN SCHOOL

a) At 1011 Garfield, install a 44' white
zone, extending from 15' to 59' east
of Junipero Serra.

206-8th AVENUE - 8th & CLEMENT PRODUCE MARKET-
DENIED

a) At 206-8th Avenue, install an extended
22' yellow zone from 24' to 46' south

of Geary Boulevard. DENIED.

41 VAN NESS AVENUE - J. GODEAU INC. FURNERALS

REVOKED

a) At 41 Van Ness Avenue, revoke existing
72' white zone, extending 72' north of
Hickory Street.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

REVOKED

RESOLVED, that the recommendation of the
Traffic Bureau on the revocation of 72 feet of white
zone, at the part of the City, at the location sub-
mitted, be, and the same is hereby approved.

AYES: Commissioners Ciani, Murphy , Sanchez ,
Toler, Siggins

- 771 -

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 Ernest J. Raabe, Co. K -E & I,
for service, effective August 1, 1979.

b) Lieutenant Sol P. Weiner, Communications,
for service, effective August 18, 1979-

c) Lieutenant Prank W. Watts, Southern Police
Station, for service, effective July 18,
1979.

d) Lieutenant Ralph E. Schaumlef fel, Taraval
Police Station, for service, effective
July 18, 1979.

e) Police Officer Francis L. Woomer, Park
Police Station, for service effective
July 18, 1979.

The communications were ordered filed.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 5^4-79

DONALD ENGLISH AND HIS ATTORNEY

RESOLVED, that the recommendation of the
City Attorney for settlement of litigation of Donald
English and his attorney in the sum of $2,000.00 in
Superior Court Action No. 728-713 entitled "Donald
English 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: October 13 and October 14, 1976

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

- 772 -

RESOLUTION NO. 545-79
SCOTT BROPHY

RESOLVED, that the recommendation of
the City Attorney for settlement of litigation
of Scott Brophy in the sum of $123 . 43 in Small
Claims Court Action No. 357-038 entitled "Scott
Brophy vs. City and County of San Francisco Tow
Car Association, et al.," as the result of 'damages
sustained, be, and the same is hereby approved.

Date of Incident: November 5, 1978

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 546-79

MICHAEL FLANAGIN

RESOLVED, that the recommendation of

the City Attorney for settlement of the claim
of Michael Flanagin against the City and County
of San Francisco in the sum of $26.50 as the re-
sult of damages sustained, be, and the same is
hereby approved.

Date of Incident: July 31, 1979

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 547-79

TRAVELING EXPENSE VOUCHER - APPROVED

- 773 -

Lieutenant Charles R. Beene) $160.^0
Ci'lme Specific Task Force )

(At the Unusual
(incident Command
(Seminar at Santa
(Hosa, California,
(from August 22,
(1979 to August 2k,
(1979, inclusive.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 5^8-79

TRAVELING EXPENSE VOUCHERS-APPROVED

RESOLVED, that the Traveling Expense
Vouchers submitted by the following-named members
of the Police Department for expenses incurred in
attending the below-indicated program, be, and
the same are hereby approved:

Sergeant David Winn

Crime Specific Task Force) each

)

Police Officer Jeremiah )

Morgan )

Crime Specific Task Force)

) $100.50 (At the Bomb Squad

(Equipment and Tech-
niques Seminar at
(Santa Clara, Cal-
ifornia, from August
(13, 1979 to August
(15, 1979, inclusive.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

CHIEF'S REPORT TO THE POLICE COMMISSION

Chief Gain: "No report tonight Commissioners

Commissioner Murphy : "I don't know whether you are
prepared to discuss this, but I understand that there
is r^ome question now about only certifying 150 persons
off the latest Civil Service List rather than 6 or 7
hundred that we may need in the next year."

Chief Gain: "I can just relate what knowledge I
have with that at this time. It seems that some
who want only 150 officers on the eligibility list
feel that way because of the, I guess, the adverse
impact factor. They feel that if there were a list
of 150 then we could immediately go into recruiting,
re-testing and by the time those 150 are hired have

- 77'J

a new eligibility list established and start hir-
ing off of that list. My view is fchat we should
have a list of at least 5 or 6 hundred so that with
that number we would be able to, in fact, hire 320
during the next year commencing in October, and
then during that year's period of time go into an
extensive recruiting, testing and hiring process.
So I think that's basically the issue and, I assume,
this might be resolved next Monday, September 11th,
either through the court, or through the Civil Ser-
vice Commission. I learned today the Civil Service
Commission is having a hearing on Monday, I think
it is the 11th, at 2:30 in regard to what scoring
factor should be given the Audio Visual and Oral
Interview process. Our real concern has to be, of
course, that one, with only 150 officers on the list,
with that number we might be able to hire, only,
perhaps 120, given the dropouts for medicals, or
whatever it might be. That would mean we would need
a new list by about March of next year. I am con-
vinced that we could not, by March of next year,
go through a recruiting testing process and come
up with a new list, and that's why I favor a list
of 600. But there is a lot of other factors having
to do with adverse impact and whatever it may be."

Commissioner Murphy: "The 2:30 meeting, is that
on Monday and open to the public?"

Chief Gain: "It's a public meeting of the Civil
Service Commission, I think it's in the library
of the building."

Commissioner Ciani: "I was at the meeting yester-
day, and I think part of the problem that hasn't been
mentioned is that the testing has been such that it
is suggested now that 100% of the weighting be done
on the basis of the oral exam, and the oral exam really
was not very difficult, and from listening to some
tapes of it, it didn't seem that you could possibly
rank candidates on their ability to be police officers
based upon that alone. And even If you take 50% of
the Audio Visual and 50% of the Oral scores to come
up with your ranking, they have so watered down the
Audio Visual by deleting 35% of the questions, which
happens to be perhaps the more difficult questions,
lowering the passing score, etc., so that that too
isn't going to be very effective in really ranking
people based on their qualifications. So, the pro-
blem as I see it, for the Department might be, no
matter who is on this list, it's almost going to be
like a lottery because I don't think that the testing
has really succeeded in testing that pool of people
in a way that would rank them in any logical way.
And to have a longer list might be, well you don't
know who is going to be on the list, but I think that
it is clear that some of the burden on the Department
is going to be increased because we won't know much
about the qualifications of the people who are on
the list and the likelihood is that we will have more
people not make it through the academy. So it puts
this burden of screening people out in the academy

- 775 -

process on the Department and I think that's, do you
agree, that that seems to be shaping up from what the
Civil Service Commission is doing."

Chief Gain: "Well, I think by the very nature of the
whole testing process that it was already concluded
that because of that process the burden was going to
fall on the police department anyway. The actual
selecting out process would occur during the Recruit
School and Field Officer Training Program. The pro-
blem is that if they go strictly on the oral examina-
tion, I think that is a lottery, because we don't
know who we are going to get. Where it really, in
regard to the Audio Visuals, they would be listed.
So that would probably be worse. If it went by com-
bined score of Audio Visual and Oral then I think,
predictably, we would be getting the most top ranked
person but then you get adverse impact. That's why
they don't want to go Audio Visual because you auto-
matically get adverse impact."

Commissioner Ciani: "They mention at the meeting
that it is a variance of about 2% percentage points,
It's a very slight variance if you use a 50/50 as
compared to a hundred percent oral. Do you remember
what those statistics were?"

Chief Gain: "I think that was approximately right."

Commissioner Ciani: "It was not a material difference
in the actual composition of the list that you would
come out with. There were fewer women by some 2%
and I think maybe 1% difference in minorities, if
I recall."

Chief Gain: "Something like that, but the problem
there is that not even ^9%, which I guess is the
greatest percentage, was acceptable to some because
the Consent Decree called for 50% minority group
persons and 20/S women. So, some who support the
150 are saying that's the only thing that is accept-
able, because by the 150 list you do get the greatest
percentage of minority group persons to conform with
Consent Decree goals."

Commissioner Murphy: "How do they figure that?"

Chief Gain: "Well by taking 150, I guess you would
have a list, and the way they are going to do it Is
that you would have the greatest number of minority
group persons among that 150, and women, and if you
go to 200, 300, 500, 600 then the percentage becomes
lower at hs%, or less than that."

- 776 -

Commissioner Murphy: "I don't understand the
mathematics of ib. How are you going to get
this 150?"

Commissioner Ciani: "Well that's the debate that's
going on, whether to do it based on 50% weighting
of the Oral and 50% weighting of the Audio Visual
or 1005? Oral."

Commissioner Murphy: "Okay, it seems to me that
you would have an equal chance, I honestly can't
see the difference. If you have 600 candidates
it would seem to me you would have as good a chance
of having 50% minority and 20% women as you would,
in fact, a better chance, then if you get only
150, unless you select the 150 by name or some-
thing."

Commissioner Ciani: "But the data is there. And
they can figure out if they score based on the
Oral they know who Is going to show up in the
first 150, and in the first 600, and if they do it
the other way they know who is going to show up
there based on race and, I guess, they have done
that. I know they have done that as to the first
150, or whatever, because they were talking about
interviewing. "

Further discussion was held on this matter after
which Commissioner Murphy asked Chief Gain about
the transfer list which all Commissioners had
received in the regular mail. She noted the sep-
arations and the fact that some 6 persons had re-
signed. Her question was, "do we have exit inter-
views at all?"

Chief Gain stated that yes, the Department did
conduct exit interviews with each one of those
parties and knew the reason why each had chosen
to leave.

MR. EDWARD HEAVY

At this point Mr. Edward Heavy, President of the
Veterans Political Association, requested to speak
to the Commission regarding the bar Association's
proposed amendment to the California Penal Code.
Section 1^8. He said this proposal is to limit
the authority of the police to arrest and prose-
cute someone who interferes with his arrest, to
those whose physical conduct would mean you must
physically touch, hold, kick, punch or otherwise
have contact with a police officer. He says the
danger of the BAR'S proposal is the addition of
this section of three words, "BY PHYSICAL CONDUCT.'

- 777 -

He said he was asking the Police Commission to
take a stance rejecting the proposed amendment
by the San Francisco Bar Association.

Mr. Tom Smegal, President of the Bar Association,
spoke and he stated he thought that it would be
inappropriate at this time for the Police Commis-
sion to become involved in it. He stated that if
the Bar Association is successful in this parti-
cular venture then the Police Commission would
have a chance to become involved or take a posi-
tion on the issue.

Commissioner Siggins then thanked both parties
for their presentation.

Mr. Bob Barry, President of the Police Officers'
Association, requested to speak and stated that
he was concerned because of the actions the Police
Commission took on it's previous week's agenda re-
garding the Police Gymnasium. He said there was
a lot of testimony presented to the Commission and
that the Commission rendered a decision at that
time. He said the decision, as he remembered it,
was that the lockers now in the Gym would remain
if other lockers could be obtained from the Unified
School District. He said this was done the follow-
ing day by Commissioner Sanchez and the Police
Academy Staff was informed that the lockers were
available. He said this afternoon lie was advised
that not only has the majority of the equipment been
removed from the gym but that lockers had also been
removed and the gym closed. He said this action,
he felt, was against what the Commission ordered.

Commissioner Siggins stated that the Commission
had intended for the gym to stay open, if at all
possible. He said that the equipment had to be
moved within a certain period of time because the
academy's new gym had to be equipped. But, in
essence, the spirit of their motion was to keep
this gym in the Hall of Justice open, if at all
feasible .

Chief Gain then stated that he would look into
it tomorrow and see what the status is and, if
necessary, it can be brought back before the Com-
mission next week, maybe he said, it can be re-
solved tomorrow.

DISCUSSION OF PROPOSED SAN FRANCISCO CHARTER
CHANGES TO BE SUBMITTED TO THE SAN FRANCISCO
CHARTER COMMISSION. (CONTINUED FROM THE MEETING
OF AUGUST 29, 1979)

Police Officer Paul Chignell, Vice President of

- 778 -

the Police Officers' Association, submitted an
outline for discussion before the Police Commis-
sion on those Charter Amendments which the SFPOA
would or would not support. After discussing those
items, Officers Chignell and Barry asked the Com-
mission if they wanted to discuss the proposed
amendment on Binding Arbitration.

As the Commissioners had not had the opportunity
to fully digest the proposed amendment, Commissioner
Siggins stated that if the POA representatives want-
ed to get into this Charter Amendment which is to
be submitted before the voters in November, then they
could return next week and discuss it at that time.

EESOLUTION NO. 549-79

REQUEST FOR A SUPPLEMENTAL APPROPRIATION FOR CON-
TINUATION OF SERVICE FOR THE SENIOR CITIZEN ESCORT
SERVICE PARKING TAX BOUNDARIES.

RESOLVED, that the Police Commission
approves the request for a Supplemental Appropriation
in the amount of $ P 0 4 , r>4? . 00 for the Senior Citizen
Escort Service for the period January 31, 1980 through
January 31, 1981.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

REQUEST FOR A SUPPLEMENTAL APPROPRIATION IN THE
AMOUNT OF $99,W.OO FOR FUNDING OF ONE ADDITIONAL
OFFICE FOR THE SENIOR CITIZEN ESCORT SERVICE'S OMT
NEIGHBORHOOD FOR PERIOD JANUARY 31, 1980 THRU JAN-
UARY 31, 1981 - DELETED FROM CALENDAR.

HEARING RELATIVE TO THE TERMINATION OF RECRUIT
OFFICER DONALD JONES.

The hearing relative to the termination
of Recruit Officer Donald Jones, was called, it
having been set for this date.

Mr. Jones did not appear, and was not
represented by counsel. The Commission then re-
quested Mr. Lawrence Wilson of the Legal Office
to make concerted attempts to get in touch with
Mr. Jones and have him appear on Wednesday, Sep-
tember 12, 1979.

- 770 -

The Commission then continued the
hearing relative to the termination of Recruit
Officer Donald Jones to Wednesday, September
12, 1979 at 5:30 p.m., in Room 551, Hall of
Justice .

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

HEARING OP POLICE OFFICER TEDDY QUERUBIN, PARK
POLICE STATION

The hearing of Police Officer Teddy
Querubin, Park Police Station, was called, it
having been set for this date. Police Officer
Teddy Querubin was charged with violating- the
Rules and Procedures as follows:

SPECIFICATION NO. 1

Failure to Maintain Weight Standards
(Violation of Section 2.36 of the
Rules and Procedures of the San
Francisco Police Department.)

in a properly verified complaint by Charles R.
Gain, Chief of Police, San Francisco Police De-
partment .

Police Officer Teddy Querubin appeared
in person and was represented by Police Officer
Paul Chignell, Vice-President, San Francisco Police
Officers' Association.

Mr. Lawrence Wilson, Attorney at Law,
appeared as Prosecutor for the Police Department

The reading of the Charges was waived.

It was stipulated by Mr. Lawrence Wilson
and Police Officer Paul Chignell, that Police Officer
Teddy Querubin would enter a plea of "guilty" to
paragraph 3 in Specification No. 1.

Opening statements were made by Mr,
Lawrence Wilson and Mr. Paul Chignell.

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

78f) -

Police Officer Joseph Mollo
Police Academy

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

Police Officer Teddy Querubin
Park Police Station

The Commission took the matter under
submission after which the following resolution
was adopted:

RESOLUTION NO. 550-79

DECISION - HEARING OP POLICE OFFICER TEDDY QUERUBIN,
PARK POLICE STATION

WHEREAS, on July 18, 1979, Charles R. Gain,
Chief of Police of the San Francisco Police Depart-
ment, made and served charges against Police Officer
Teddy Querubin, Park Police Station, as follows:

SPECIFICATION NO

a) Teddy Querubin was admitted to the
Police Academy on June 26, 1978,
and was at all times herein mentioned,
and still Is, a police officer em-
ployed by the City and County of San
Francisco;

b) Rule 2.36 of the Rules and Procedures
of the San Francisco Police Department
sets the weight standards for sworn
members who entered the department
after March 16, 1970; the maximum
weight for the accused is 210 pounds,
plus a ten percent allowance. There-
fore, the maximum possible the accued
may weigh is 231 pounds;

c) Early in his Academy training the ac-
cused was found to have a weight pro-
blem; this weight problem continued,
despite counseling on several occasions,
as can be seen from his weight on various
dates :

September 21, 1978 - 232 pounds
September 29, 1978 - 233 pounds

- 781 -

October 2, 1978 - 229 pounds
April 2, 1979 - 238 pounds
April 5, 1979 - 246 pounds

d) Two meetings, on October 25, 1978,
and May 8, 19793 were held with the
Chief of Police to discuss the poss-
ible termination of the accused;
these hearings placed him on notice
of the seriousness with which the
department viewed this matter;

e) On two occasions, in November, 1978,
the accused was found by a physician
to have elevated blood pressure and
on the second occasion was diagnosed
as having "a symptomatic mild hyper-
tension, possibly transitory;"

f) Dr. Norman Steiner, the San Francisco
Police Department Police Surgeon, ex-
amined the accused on April 5, 1979,
and found that he weighed 246 pounds,
and 'based on his excessive weight and
obesity, and inability to control this,1
recommended that he be tormina ted;

g) urficer Querubin was weighed on May 8,
1979, and found to weigh 233 pounds;
pursuant to the requirement of Rule
2.36 he was reweighed three weeks later
and found to weigh 236 pounds;

h) This conduct, failure to maintain weight
standards, is in violation of Section
2.36 of the Rules and Procedures of the
San Francisco Police Department which

states in pertinent part:

"Shall maintain the following weight and
physical fitness standards:

. 1 All sworn members entering the de-
partment on or after March 16, 1970,
shall not exceed the below-indicated
maximum weight standards by more than
10% and shall meet the physical fitness
standards while they are members of this
department .

In regard to the weight standards, each
member shall be required to be examined
every six (6) months and should member
fail to meet the weight required for
height, member shall be given three (3)
weeks to comply with said standard or

7R;1 -

face disciplinary hearing before
the Police Commlssian .

Any waiver of the below standards
must be approved by the Police
Surgeon. "

and

WHEREAS, a hearing on said charges was
had before the Police Commission pursuant to Sec-
tion 8.3^3 of the Charter of the City and County
of San Francisco on Wednesday, September 5, 1979*
and that on Wednesday, September 5, 1979» the mat-
ter was submitted to the Police Commission for
decision; and

WHEREAS, the Police Commission finds that
said charges made and filed against Police Officer
Teddy Querubin, Park Police Station, as contained
in Specification No. 1, violation of Section 2.36
of the Rules and Procedures of the San Francisco
Police Department are sustained by the evidence
presented at the hearing; therefore be it

RESOLVED, that it is the order of the
Police Commission that Police Officer Teddy Querubin,
Park Police Station, has violated Specification No.l,
Section 2.36 of the Rules and Procedures of the San
Francisco Police Department, and that for said vio-
lation Police Officer Teddy Querubin be terminated;
but that the imposition of the sentence of termina-
tion be stayed for three (3) months from September
5, 1979 to December 5, 1979, subject to the follow-
ing terms and conditions:

Police Officer Teddy Querubin shall
report weekly on his own time to the
Police Department's Physical Fitness
Officer for a weight check commencing
Friday, September 14, 1979> and each
Friday thereafter through November
30, 1979-

Officer Querubin shall submit to the
Physical Fitness Officer within two
weeks an acceptable plan from a phy-
sician, or some other appropriate
person of his own choosing, who has
prescribed for him a rigorous regimen
that will result in his achieving the
required amount of weight reduction
to 221 pounds. If this plan is not
submitted within two weeks, he will
be brought before the Commission at
the next regular meeting and termina-
ted .

- 7^ -

3. He shall report to the Police

Commission on Wednesday, December

5, 1979, weighing 221 pounds or less.

If he does not make satisfactory pro-
gress toward the goal or if he misses,
without adequate justification, his
appointments with the Police Depart-
ment's Fhysical Fitness Officer, he
shall be required to return on or
hefore December 5, 1979, to the Police
Commission and be terminated from the
San Francisco Police Department.

and be it further

RESOLVED, that it is the order of the
Police Commission that if all the terms and condi-
tions imposed upon Police Officer Teddy Querubin
herein are complied with, on December 5, 1979, the
Police Commission order of termination, will be, and
the same, hereby dismissed.

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

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

ABSENT: Commissioner Ciani

RESOLUTION NO. 551-79

SETTING OF DATE FOR HEARING OF POLICE OFFICER EDDY
L. CASTIGLIONI, PERSONNEL AND TRAINING

WHEREAS, the setting of the date for the
hearing of disciplinary charges filed against Police
Officer Eddy L. Castiglioni, Personnel and Training,
was called; and

WHEREAS, Mr. Michael Hebel, Attorney at Law,
who is representing Police Officer Eddy L. Castiglioni,
and Mr. Lawrence Wilson, representing the Police Depart-
ment, concurred that the date for Officer Castiglioni ' s
hearing be set for October 3, 1979; therefore be it

- 7<0^ -

RESOLVED, that the date for the hear-
ing of disciplinary charges filed against Police
Officer Eddy L. Castiglioni, is Wednesday,' Octo-
ber -;, 1979 at 5:30 p.m., in Room '.M, Hal] of

Justice .

AYES: Commissioners Ciani, Murphy, Sanchez.
Toler, Slggins

The Commission then adjourned its meeting
at 2020 hours.

- 783 -

10 SEPTEMBER 1979

EXECUTIVE SESSION

« ~yiLii-^Ut

ThefTPolice Commission of the City and
County of San Francisco met Ln their chambers,
Room 551, Hall of Justice, 850 Bryant Street,
on Wednesday, on Wednesday, September 10, 1979
at 1730 hours in Executive Session.

PRESENT: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

Commissioner Siggins presiding.

DOCUMENTS DEPT.

NOV 1 3 19/9
sa* f fiasco

*UBL!CM£«AftY

Commissioner Siggins: "At the request of Commis-
sioner Murphy the Commission will hear Ms. Donna
Hitchens. The Commission at the last session voted
to have this hearing, the hearing of Michael Kelly
and Daniel Marr in Executive Session. We have not
started the hearing and is that what you want to
address?"

Donna Hitchens
address . "

"That's the issue I want to

Commissioner Siggins
are going to take?"

"How long do you think you

Donna Hitchens: "About 3 minutes

Commissioner Siggins: "Alright, go ahead

Stephen Bley: "For the record, may I object to it in
so far as the Commission has ruled. I don't believe
this is in issue, that parties who are not concerned,
or parties who are not actually a party before this
matter, should not be addressing the Commission on
this issue."

Donna Hitchens: "My purp
is to urge that the heari
conduct at Peg's Place be
an initial matter, I beli
Officials understand the
lesbian and gay communiti
events over the last year
assination of a loved and
response to Dan White and
violence, directed toward
have led to an atmosphere
and distrust . Distrust e

ose in appearing before you
ng arising from police officer

kept open to the public. As
eve it is crucial that City
prevailing atmosphere in the
es of San Francisco. Many
, including Prop. 6, the ass-
respected leader, the legal
accused police and citizen
s members of the community

of tension, fear, frustration
specially of city officials

,T<O0 *TV"v<. OO

- 7Rfi

and instiutions. The incident that gave rise to
the hearing that Is now before you has been a con-
tributing factor to these tensions. The incident
is well known and the hearing is being followed
closely by members of the community . There are two
very significant and inter-related reasons for keep-
ing the hearing open to the public. First, a sec-
ret hearing would contribute significantly to the
fear and distrust already existing in the community,
whether it is not what you mean to convey. I believe
the message heard in the community is that when les-
bians are the victims and file complaints they are
not entitled to support or protection. And when gay
people are the recipients of police misconduct the
police will be protected. I honestly and regretfully
believe that the reality of the situation is that a
closed hearing invites a strong and angry response.
Second, the hearing involves police conduct in the
community. We, as a community, are particularly sen-
sitive to privacy concerns but the issue here is not
some aspect of an officer's personal life or conduct
entitled to a privacy protection, rather, it involves
the conduct of officers that took place in a public
community establishment in the presence of members
of the public. The concern and interest of the com-
munity that has resulted from this incident far out-
weighs the rights of the officers involved to have
the evidence kept secret . I understand that you are
not compelled by law to close this hearing and, in
fact, the spirit of the Brown Act might best be serv-
ed by an open. hearing. I strongly urge you in the
interest of improving Police Community Relations
and also in the interest of building some rapport
between this city and its gay community, to exercise
the discretion given you by law in favor of an open
and honest hearing. Only then can members of the
community know what transpires and be in a position
to understand its outcome. Thank you."

Commissioner Ciani: "I just wanted to discuss briefly
some opinions of the City Attorney since there was
some confusion last time as to what the lav; is and al-
though we haven't been able to reach the City Attorney
today, to confirm this, it appears that in an opinion
dated July 3, 1972, addressed by then City Attorney
Thomas O'Connor to then President of the Commission,
Elmo Ferrari, the question before us last week was
squarely presented to the City Attorney who was speci-
fically asked whether a member appearing before the
Commission has a right to request a private hearing.
And in response, the City Attorney indicated that a
member has a right to request a private hearing but,
to quote the relevant part of the opinion, 'and in
answer to your second question you are advised that
you are not obligated to accord a non-public hearing
to the employee as requested. The determination of
whether to hold a public or non-public proceeding
rest solely with the Police Commission as a matter
of law.' And there are some later opinion that were
not on point and which in some dictum cast some light,
some doubt on that opinion, but I believe that that's
the only one in which the issue was squarely presented
and answered. I just wanted the rest of the Commission
to be aware of the fact that according to this opin-
ion we alone have the discretion whether the meeting
is open or closed."

- 787 -

Commissioner Murphy: "Mr. President, with that in
mind, plus the fact that we have heard from the
Board of Supervisors and various other responsible
persons, 1 would like to move that we reconsider
the closing of this hearing and opening it for a
public hearing."

Stephen Bley: "May I ask before a vote is taken
on that Madam Murphy, you say we have heard from
the Board of Supervisors and other important people,
may I be made privy of... is the Commission being
contacted by these parties of whom we are not aware
of regarding this case on whether this meeting should
be open? Has there been contact with the Mayor, or
any of her representatives, or any members of the
Board of Supervisors regarding the issues at this
meeting?"

Commissioner Ciani: "This is an issue of public
interest and there are a lot of members of the pub-
lic who have made comment both publicly and privately."

Stephen Bley: "Well the question I was asking is,
has there been any contact with the Mayor?"

Commissioner Murphy: "We have a letter from Louise
Renne and seconded by Carol Ruth Silver, I have
jus'c delivered it this evening."

Commissioner Siggins: "No, no it's actually from,
ti

Commissioner Murphy: "Well, it's from the Clerk of
the Board of Supervisors carrying out their request
to inquire as to why this was not an open meeting.
That's one thing. It wasn't solicited at all."

Stephen Bley: "Has anyone contacted the Mayor
to your knowledge, and talked with her?"

Commissioner Murphy: "Not that I know of."
Commissioner Ciani: "Why do you ask?"

Stephen Bley: "I have information that a member of
this Board specifically went and talked with the Mayor
and asked the Mayor to use her good offices to impress
upon the other members of this Commission that this
should be an open hearing."

Commissioner Ciani: "Oh, I hadn't heard that."

- 788 -

Commissioner Murphy: "At a meeting on an entirely
different subject T pointed out that I thought it
politically unwise to have closed meetings. It has
been discussed with her, I discussed it, but I didn't
ask her to do anything other than what she wjiBhed
to do and she didn't answer me."

Commissioner Sanchez: "Mr. Chairman, if I might speak,
I am a little concerned about the dialogue. It seems
to me that the basis of the administrative hearings
of this Commission is by the democratic process. There
was a vote taken at the last meeting, there were dif-
ferences of opinion which all of us respected, and I
think, in essence, we should carry on with what we did
and provide the maximum of objectivity regarding the
feelings of anyone in the department and the serious
allegations brought against the department pertaining
to the charges. I think that, again, if we are going
to change the ground rules at this point, I think
we are making a mockery of the administrative process
and the spirit of the Brown Act as it was so intended,
would be my interpretation."

Commissioner Ciani: "With due respect Commissioner,
I think there was some confusion about what the law
was and I would think that all members of the Commis-
sion would like to be aware of what the opinion of
the City Attorney is with respect to the law and then
if you wish not to change your* pot-il ion, then that's
your privilege."

Commissioner Sanchez: "Well it seems that Commissioner
Ciani there have been, evidently, others that have had
more time to review this material and/or contact, or
there has been discussion with, evidently, some mem-
bers of the Board of Supervisors and they are pertain-
ing to these matters, and 1 did no1 , and therefore I
am going according to the processes and procedure
that was assessed pertaining to this administrative
hearing and I assume the Commission would do the same."

Commissioner Ciani: "I didn't understand that. If
that's a motion, I would second the motion that the
matter be reconsidered."

Commissioner Siggins: "Alright, I rail the question,
all in favor?"

"AYES?" Commissioners Ciani, Murphy

"OPPOSED?" Commissioners Sanchez, Toler, Siggins

Commissioner Siggins: "The hearing in the matters
of Officers Marr and Kelly will be in Executive Session
and we shall start within the next couple of minutes
and we ask that this Hearing Room be cleared and that
only the personnel involved be in attendance.

- 789 -

There was a reference to a communication
from the Board of Supervisors and actually It's
a letter from Margaret McGuire to me and I was
just handed a copy of it just a minute before we
came out into this hearing and it was a question

of whether Supervisor Renne 'I joined by

Supervisor Carol Ruth Silver ask that a letter of
inquiry be directed to you asking for information
you could furnish us as to the reasons for not con-
ducting these hearings in public and a response to.
the allegations that although police officers are
permitted to be represented by counsel other wit-
nesses are not. Your early reply to the Supervisors
concern would be appreciated. ' The record should
show that anybody who appears here as a witness is
entitled to be represented by counsel and we would
not restrict anybody in that regard."

CONTINUATION OP THE HEARING OF POLICE OFFICER MICHAEL
KELLY, VICE CRIMES DIVISION

The matter of the hearing of Police Officer
Michael Kelly, Vice Crimes Division, was called, it
having been continued from the meeting of August 29,
1979.

Police Officer Michae] Kelly appeared in
person and was represented by Mr. Stephen Bruce Biey,
Attorney at Law.

Mr. Lawrence Wilson, Attorney at Law, appear-
ed as the Prosecutor for the Police Department.

Opening statement was submitted by Mr,
Lawrence Wilson, Prosecuting Attorney .

Mr. Stephen Bruce Bley, Attorney for the
Defense, stated that he would withhold presenting
an opening statement at this particular time.

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

Miss. Alene Levine

807 Joost Avenue

San Francisco, California

Miss. Levine was represented by Mr. Thomas
Steele, Attorney at Law, who was present during her
testimony .

The following exhibits were entered into
Evidence by the Prosecution:

- 790 -

Exhibits A

thru G - Various photographs of interior
oi' Peg ' s 1' I aci • .

Exhibit H - Photograph of exterior of Peg's
Place.

Exhibit I - Profile photograph of Police
Officer Daniel Marr.

The Commission then adjourned at 2000 hours,
and the matter was continued to Thursday, September
20, 1979 at 1730 hours, in Room 551, Hall of Justice.

(The entire proceedings were taken
in shorthand form by Hearing Reporter
Linda Pransky, C.S.R.)

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

CONTINUATION OF THE HEARING OF POLICE OFFICER
DANIEL MARR, COMMUNICATIONS BUREAU

The matter of the hearing of Police
Officer Daniel Marr, Communications Bureau, was
called, it having been continued from the meeting
of August 29, 1979.

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

Mr. Lawrence Wilson, Attorney at Law,
appeared as the Prosecutor for the Police De-
partment .

Opening statement was submitted by Mr
Lawrence Wilson, Prosecuting Attorney.

Mr. Stephen Bruce Bley, Attorney for
the Defense, stated that he would withhold present-
ing an opening statement at this particular time.

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

Miss. Alene Levine

807 Joost Avenue

San Francisco, California

- 79] _

Miss. Levine was represented by Mr.
Thomas Steele, Attorney at Law, who was present
during her testimony.

The following exhibits were entered into
Evidence by the Prosecution:

Exhibits A
thru G

Various photographs of
interior of Peg's Place

Exhibit H

Photograph of exterior of
Peg's Place.

Exhibit I

Profile photograph of
Police Officer Daniel Marr.

The Commission then adjourned at 2000
hours, and the matter was continued to Thursday,
September 20, 1979, at 1730 hours, in Room 551,
Hall of Justice.

(The entire proceedings were taken In
shorthand form by Hearing Reporter
Linda Pransky, C.S.R.)

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

The Commission then adjourned its meeting
at 2000 hours.

C2 rs

vA_Aa---'

/u*<

SECRETAR

- 792 -

12 SEPTEMBER 1979 REGULAR MEETING

■ " ■ ' •— ■ ■ ■ ■■■■- " - — ■ ■ — "- ■ ' ■ ■■ ■ '■ ■■ ■ i

Tho^-Police Commission of the City
and County o£~-San Francisco met in their chambers,
Room 551, Hall of Justice, 850 Bryant Street, on
Wednesday, September 12, 1979 at 1730 hours, in
regular session.

PRESENT: Commissioners Murphy, Sanchez, Toler,

Siggins .

ABSENT: Commissioner Ciani NUV 1 3 1979

SAN FRANCISCO

Commissioner Siggins presiding.

PUBLIC LIBRARY

RECOMMENDATION OF THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendation 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:

599 MASON STREET - MARINE'S MEMORIAL - HELD OVER
FROM SEPT. r),lQ79 - DENIED

a) At 599 Mason Street, install a 22'

white zone, extending from 17' to 39'
south of Sutter Street. DENIED.

b) First meter on Mason Street south of
Powell to be removed. DENIED.

2501 CLEMENT STREET - ABC STAMP CO

a) At 2501 Clement Street, install a 29'
yellow zone, extending from 33' to 62'
west of 26th Avenue. (Zone ends at drive-
way. )

94 LAFAYETTE - TOOL MASTER RENTAL & SUPPLY

a) At 9^ Lafayette, install a 22' yellow
zone, extending from 74 ' to 96' north
of Howard Street.

APPROXIMATELY 220 LARKIN STREET - S.F. PUBLIC LIBRARY

a) At approximately 220 Larkin Street, in-
stall a 22' Blue Zone, extending from 89'
to 111' south of McAllister Street.

•

- 793 -

b) Remove meter head LAR 220 (15 min.) place
15 min. head on meter LAR 212.

594 HOWARD STREET - NATIONAL MULTIPLE SCLEROSIS

SOCIETY

a) At 594 Howard Street, Install a 22' Blue
Zone, extending from 73' to 95' east of
2nd Street.

b) Remove meter HOW 590.

1665 HAIGHT STREET - THE RED VICTORIAN

a) At 1665 Haight Street, install a 22'
white zone, extending from 52' to 74'
west of Belvedere.

1665 HAIGHT STREET - THE RED VICTORIAN

a) At 1665 Haight Street, install a 22'

yellow zone, extending from 74' to 96'
west of Belvedere Street.

b) Remove meter HAT 1643.

1661 HAIGHT STREET - THE RED VICTORIAN

a) At l66l Haight Street, revoke existing
41' yellow zone, extending from 33' to
74' west of Belvedere Street.

b) Install one meter - one white zone.

3105-3107 SACRAMENTO STREET - REALTY ENTERPRISES,

INC. - DENIED

a) At 3105-3107 Sacramento Street, install a
30 ' green zone, extending from 93' to 123'
west of Baker Street. DENIED .
(Between bus zone and pTTvTTtV driveway.) DENIED

22 » WHITE ZONE AT 2340 GEARY STREET - TO BE RE-CALENDARED

1582 POLSOM STREET - HAMBURGER MARY'S RESTAURANT -DENIED

a) At 1582 Folsom Street, install a 22'
white zone, extending from 23' to 45'
west of 12th Street. DENIED.

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

4 -

REVOKED

RESOLVED, that the recommendation of
the Traffic Bureau on the revocation of 'n

feet of yellow zone, at the part of the City,
at the location submitted, be, and the same is
hereby approved.

AYES: Commissioners Murphy, Sanchez, Toler,'
Siggins

NOT VOTING: Commissioner Ciani

RESOLUTION NO. 552-79

POLICE NARCOTIC FUND - APPROVED

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 $6,000.00 charging same to Firm No. 355081 2010
133 01 as an advance on the Police Narcotic Fund
for the rronth of September, 1Q79.

AYFS : Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

RESOLUTION NO. 553-79

POLICE CONTINGENT FUND - APPROVED

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 $4,000.00 charging same to Firm No. 355081 2010
132 01 as an advance on the Police Contingent Fund
for the month of September, 1979 •

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

- 795 -

RESOLUTION NO. 5^4-79

DANNY LEM AND CALIFORNIA ."-TAT
AUTOMOBILE ASSOCIATION

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of Danny Lem and the California State Automobile
Association against the City and County of San
Francisco in the sum of $1,320.76 as the result
of damages sustained, be, and the same is hereby
approved.

Date of Incident: February 26, 1979

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

RESOLUTION NO. 555-79

MARY LOU MARSTON AND
INDUSTRIAL INDEMNITY

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim of
Mary Lou Marston and Industrial Indemnity against
the City and County of San Francisco in the sum of
$28?. 08 as the result of a collision with a police
vehicle, be, and the same is hereby approved.

Date of Accident: April 10, 1979

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

RESOLUTION NO. 5^0-79

AMENDING RESOLUTION NO. 529-79 BY DELETING OFFICER
GLENN PENNEBAKER AND ADDING SERGEANT JULIAN LANDMAN,
OFFICER JEREMIAH MORGAN AND OFFICER HENRY HUNTER FOR
ENROLLMENT IN THE ADVANCED SPECIAL WEAPONS AND TACTICS
COURSE.

AUTHORIZING ATTENDANCE OF SERGEANT ROBERT HANKINS,

- 796 -

OFFICERS BRIAN D'ARCY, ROBERT DEL TORRE, ROBERT
HOCH, SERGEANT JULIAN LANDMAN, OFFICER JEREMIAH
MORGAN, AND OFFICER HENRY HUNTER, CRIMES SPECIFIC
TASK FORCE, AT THE ADVANCED SPECIAL WEAPONS AND
TACTICS TRAINING COURSE AT SANTA ROSA, CALIFORNIA,
FROM SEPTEMBER 17, 1979 TO SEPTEMBER 21, 1979, IN-
CLUSIVE.

RESOLVED, that the recommendation of
the Chief of Police that Sergeant Robert Hankins,
Officers Brian D'Arcy, Robert Del Torre, Robert
Hoch, Sergeant Julian Landman, Officer Jeremiah
Morgan, and Officer Henry Hunter, Crimes Specific
Task Force, be detailed to attend the Advanced Spe-
cial Weapons and Tactics Course at Santa Rosa,
California, from September 17, 1979 to September
21, 1979, inclusive, be, and the same is hereby
approved; and be it further

RESOLVED, that expenses incurred by
Sergeant Robert Hankins, Officers Brian D'Arcy,
Robert Del Torre, Robert Hoch, Sergeant Julian
Landman, Officer Jeremiah Morgan and Officer Henry
Hunter, in a sum not to exceed $261.25 each, will
be defrayed by the San Francisco Police Department's
Police Officers* Training Fund.

AYES: Commissioners Murphy , Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

RESOLUTION NO. 556-79

TRAVELING EXPENSE VOUCHER - APPROVED

RESOLVED, that the Traveling Expense
Vocuher submitted by the following-named member
of the Police Department for expenses incurred
in attending the below-indicated program, be,
and the same is hereby approved:

Sergeant Bill R. Taylor) $380.00 (At the Polygraph
Internal Affairs Bureau) (Training Seminar

(at San Diego, Cal-
(ifornia, from Aug-
(ust 5, 1979 to Au|
(ust 10, 1979, in-
( elusive .

AYES: Commissioners Murphy, Sanchez, To]er,
Siggins

NOT VOTING: Commissioner Ciani

- 797 -

CHIEF'S REPORT TO THE POLICE COMMISSION

Chief Gain: "No report tonight Commissioners."

Commissioner Murphy: "I would like to ask if you
have any news on what is happening to the new re-
cruits that we are trying to get into the department?"

Chief Gain1 "Yes, I have this information that
there was a meeting scheduled in Federal Court yes-
terday and when the parties, court, convened the
judge suggested that the parties meet to discuss
various issues. They met for approximately 2-1/2
to 3 hours, no resolution was reached, therefore it
is still in limbo. The next court session is sched-
uled for the 26th of September. So, in a word, we
don't know what is going to happen but, obviously,
one consequence will be is that we will probably
not have a recruit class starting as we had hoped
for, planned, on October 15th. It will probably
be in November or December, which, when it comes
to additional numbers of officers that we want for
this fiscal year to provide police services, we are
not going to get them as soon as we had hoped for.
It seems like the essential difference Is that some
(persons) want a list of 500 eligible persons so
that during this fiscal year we could hire 3?0
police persons. Others want a list of 250 which
would permit a hiring of 150 during this fiscal
year. Those are the essential differences and.
of course, we feel it's critical that we have a
list of 500 so that we can hire 320 because there
is such a grave need for police officers. But It
is up in the air, we don't know what is going to
occur and the 26th of September will be the next
meeting in court, and how it's going to be resolved,
of course, no one simply know;; at; this time."

Commissioner Murphy: "That's Judge Peckham's Court?"

Chief Gain: "Yes."

Commissioner Sanchez: "Through the Chair if I might,
I would like to ask the Chief some questions pertain-
ing to his report to us on the adult crossing guards
and other types of differential law enforcement people
we have. Last year a number of us had asked you to
insure that during the first couple of months of school,
especially with the white zones, that there would be
full compliance, especially where kids were being
loaded and unloaded. Especially in a number of areas
where there Is extreme heavy traffic. I mention, in
particular, a number of schools in the Mission and
other parts of the City where the bus zones were al-
ways backed up and they had to triple park, and the
cars were not stopping for the kids, and we received
numerous complaints from parents, and from adminis-
trators, and some times the busses didn't come, and

- 7^8 -

you had kids standing on the corner, etc., etc.
Perhaps the department would do a public rela-
tions job again as we did towards the tail end,
talking about the fact that school, hopefully,
will be upon next Monday. The San Francisco
Police Department will be enforcing all white
zones for loading the school busses for kids and,
again, if, perhaps, busses are stopped and they
have those lights blinking, the red lights on
both sides, this means that the vehicles must stop-.
And I would hope that we might deploy some of our
solo-bikes to insure enforcement, especially dur-
ing the first couple of weeks because, thank god,
last year there were no injuries to children or
anybody killed, but again, it becomes a very
touchy situation, especially with the dismantling
of the school system anyway as far as the number
of programs and transferring of kids, and I really
think we are going to have to take a positive step
on that, so I would hope also that the adult cross-
ing guards would play a very active role in this
and sometimes they might be able to at least to
bring to the attention of the local precinct, or
captain, the fact they are having trouble In certain
areas rather than always have it come from this level

Chief Gain: "We will do it."
Commissioner Sanchez: "Thank you kindly."

Commissioner Murphy: "I was very impressed however,
with this 'Adult Guard Crossing Manual.' It is
very thorough."

Commissioner Sanchez: "Yes, it's a good report

Chief Gain: "Sergeant Sturken did a good job, he
and his Staff, in putting that together."

Commissioner Murphy: "We received a letter on Aug-
ust 28th, I thnk it was, from the Human Rights Com-
mission asking us to take a position and nothing has
been done about it. I don't think we are ready to
do that tonight, but I do think it should be calen-
dared at some time relatively soon. One Commission
asking another Commission to take a position on any
subject should be answered."

Chief Gain: "Probably should be, they should be
given a response."

Commissioner Murphy: "Thank you."

Mi*. L. Monterey then asked if he could take perhaps
a minute or so of the Commission's time. He then
stated that his name was Leonel Uriarte Monterey,

- 799 -

President of the Mexican American Political Asso-
ciation. Ho requested a rftinute nv two to explain
his presence and to make a request to the Police
Commission. He continued by saying that it had to
do with the Indiscriminate stopping of Latino youth
in the Mission and the heavy presence of the police
force, the confiscation of radios, the Tac Squad,
and the unnecessary abuse of force by members of
the police force against targeted Latino youth and
low riders and he was requesting the Commission to
have a public hearing and allow MAPA the opportunity
to present testimony to the Commission in regard to
the above-stated matters.

Chief Gain then stated that he wanted to endorse
Mr. Monterey's request for a public hearing. He
said that there has been a problem on Mission Street
in the area referred to for several weeks and the
police are in the middle. He said the area in ques-
tion is Mission Street on Thursday, Friday and Sat-
urday nights relative to the number of vehicles on
the streets and things of that nature.

Commissioner Toler then moved that the matter be
put on calendar for a public hearing.

The motion was seconded By Commissioner Sanchez
and unanimously approved.

It was then calendared for public hearing on Sep-
tember 26, 1979, at 5:30 p.m., in Rocm 551, Hall
of Justice.

ADOPTION OF PROPOSED SAN FRACISCO CHARTER CHANGES
TO BE SUBMITTED TO THE SAN FRANCISCO CHARTER COM-
MISSION. (CONTINUED FROM THE MEETING OF SEPTEMBER
5, 1979)

Commissioner Siggins stated that he had no oppo-
sition to any of the proposed Charter Changes.

Commissioner Toler then stated that he would move
for their adoption.

Commissioner Sanchez seconded and the matter was
unanimously approved.

The Commission then complimented Lieutenant Trueb
for the work he had done on getting all of the pro-
posed amendments prepared for submission.

- 800 -

RESOLUTION NO. 557-79

APPROVAL OF PROPOSED SAN
FRANCISCO CHARTER CHANCES

RESOLVED, that the Police Commission
hereby approves the proposed San Francisco Charter
Changes as submitted herewith to the San Francisco-
Charter Commission.

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

DISCUSSION REGARDING THE RE-ESTABLISHMENT OF A
COMMUNITY RELATIONS BUREAU

Inspector Earl Sanders, President of the Officers
for Justice Police Officers' Association, presented
to the Commission a report in answer to the Chief's
report previously submitted to the Commission re-
garding Police Community Relations. He stated that
he had hoped the Commissioners had had the time
to read the report. He continued by saying that
earlier on the calendar a citizen had spoke of
some problems indicating a need for a Police Com-
munity Relations Unit in the Mission District.
Also, he stated, at this very moment there is a
great deal of tension in the Southeast District,
a predominantly black area. He said that certain-
ly in 1979, the Officers for Justice feel there
is a great need for a centralized Police Community
Relations Unit and have set forth their thoughts
in this report as submitted.

Commissioner Siggins stated that he felt the ques-
tion of why a centralized Police Community Rela-
tions had not been answered. He stated that if
there is a problem at the Southeast, the Mission,
or any of the other stations, the Captain should
be the one to handle it .

Commissioner Murphy then stated that she was in-
terested in the report and also in a variety of
comments that she has received from the Community.
She said she didn't think it was an either/or sit-
uation anymore.

She said she thought the idea of Community
Relations in the stations was excellent, that it was
also a good idea for keeping district stations open
rather than consolidating them into three very large
ones. She said, in her opinion, the Captains had

- 801 -

done a very good job in communicating and gaining
coopornl Inn with the business community.

However, she did think that putting this
responsibility on every single offioer La somewhal

idealistic. She had gone along with tlie new idea of
Police Community Relations when the centralized unit
was disbanded but she has now changed her mind. How-
ever, the Department should not return to the old
system. She said she felt that method was outdated,
that she was in on the beginning of it an that it had
served its original purpose but she felt now that the
matter is entirely different.

She said she would like to see some kind
of system worked out where there would be staff as-
signed that would have the expertise, knowledge and
sensitivity as to what is occurring in the various
segments of the community and who could help the ad-
ministration and the captains to understand the pro-
blems and arrive at a viable solution. This would
not preclude having certain officers in the District
Stations also responsible for community relations.

Chief Gain stated that the Mission District Captain
has a very good community relations system operating
in that district. He says that station has done more,
and is continuing as a station based upon need, to
relate effectively with all segments of that com-
munity. He said the Captain there has specialist in
Police Community Relations who do an excellent job.
He recommended that the Commission direct Staff to
study the issue and submit proposals as well as the
need for, and availability of officers to staff, if
need be, whatever specialized function recommended.

Commissioner Sanchez stated that he had had mixed
feelings over the past year and a half during Iris
tenure as a Commissioner, and remembering the Police
Community Relations from before, he could recall many
good points. And some points, he felt, could have
been looked at from a different perspective. He
said because of the many changes occurring within
the city many policies now in effect need to be
reviewed and re-addressed as far as how the Depart-
ment can constructively create, in an equitable manner,
a bureau something akin to a Bureau of Special Ser-
vices which would include such units as Project Safe,
the PAL, and Youth Services. He said he would hope
that if something is proposed for institutionalization
that it wouldn't be top heavy in the Hall of Justice.

He said he would encourage a study by
Staff to see if the Department might have certain
needs today, 1979, as far as projections for the
next five years in dealing with some of the key areas
mentioned, such as Youth Services, Project Safe and
its possible expansion, Prevent ion and Community Re-
lations with a view as to whether the Department has
some Bureau which might be conceptionalized as not
a major function but as a supportive unit in nature.

- 802 -

Chief Gain then stated that he would submit a
proposal, which, if the Commission adopts, could
be turned into a plan of action.

Commissioner Murphy then made a motion directing
Department Staff to prepare a proposal which
could be utilized as a plan of action for in-
stituting a Police Community Relations function.
This motion was seconded by Commissioner Toler
and unanimously approved.

The following-named persons were also permitted
to present testimony on the Police Community
Relations subject:

Inspector Rodney Williams, former
Director of the Police Community
Relations Unit.

Ms. Margaret Dunn, current Chairperson,
Civilian Arm of Police Community
Relations in the Ingleside District.

Both parties spoke in favor of re-insti-
tuting a centralized Police Community Relations
Unit.

HEARING RELATIVE TO THE TERMINATION OF RECRUIT
OFFICER VALCOUR L. EUGENE.

The hearing relative to the termination
of Recruit Officer Valcour L. Eugene, was called,
it having been set for this date.

Mr. Eugene did not appear and was not
represented by counsel. Mr. Lawrence Wilson stated
that he contacted Mr. Eugene who stated that he
would withdraw his appeal of the Chief's termina-
tion order, and would submit a written confirmation
in that regard.

Chief Gain stated that the Commission
should then schedule a meeting for three weeks
hence which would be sufficient time to have re-
ceived Mr. Eugene's written response.

The Commission then continued the hear-
ing relative to the termination of Recruit Officer
Valcour L. Eugene, to Wednesday, October 3, 1979,
at 5:30 p.m., in Room 551, Hall of Justice.

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

- 803 -

HEARING RELATIVE TO THE TERMINATION OF RECRUIT
OFFICER DONALD JONES.

The hearing relative to the termination
of Recruit Officer Donald Jones, was called, it
having been set for this date.

Mr. Jones appeared in person, and was
not represented by counsel. He stated that he
was having a continuing problem in obtaining legal
representation and requested a continuance of
three weeks, which he felt would be sufficient
time to obtain proper representation. - *•

The Commission then continued the hearing
relative to the termination of Recruit Officer
Donald Jones to Wednesday, October 3, 1979, at
5:30 p.m., in Room 551, Hall of Justice.

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING:

Commissioner Ciani

The Commission then adjourned its meeting
at 1901 hours.

•**»1 ■

- Rn'i -

I') SEPTEMBER 1/179 REGULAR MEETING

Th<» Pol 1 (•<• (liMiiml ;•.;'. Inn of the CJ ty
and County of,J3an Francisco met in their
chambers, Room 551, Hall of Justice, 850 Bryant
Street, on Wednesday, September 19, 1979 at
1730 hours, in regular session.

PRESENT: Commissioners Ciani, Murphy, Sanchez,

Toler, Siggins DOCUMENTS OEPT.

Commissioner Siggins presiding,

NUV 131979

SAN FRANCISCO
PUBLIC U9RAAV

RECOMMENDATION OF THE TRAFFIC BUREAU - DENIED

A traffic representative of the applicant of the
Flamenco Restaurant on Geary Street, had appeared
at the Commission Hearing of last week but was not
cognizant of the fact until the end of that meeting,
that the Commission had acted negatively upon the
applicants request. He was advised to appear at
this meeting where the matter would be discussed
and he would be allowed to submit his reasons as
to why the Commission should grant the restaurant
the white zone as requested. The item was r>all^d
and testimony in this regard was received from
Officer Andrew Quaglia of the Traffic Survey De-
partment, who stated that the Department recommend-
ed denial because of the size of the restaurant,
and by the Department's guidelines, it did not
seat 100 people nor did it have Valet Parking,
criteria the restaurant did not meet.

The Commission then listened to the representative
of the Flamenco who stated that it promoted a safety
hazard to not grant the applicant's request.

The Commissioners, upon further discussion, voted
to uphold the Department's recommendation.

RECOMMENDATION OF THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendation 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:

- 80S -

'178 GREEN STREET - THE nnU'ONE GALLERY

a) At 478 Green Street, Lnsta] 1 a L6'

green zone, extending from west
property line 16 ' east 2 spaces dia-
gonal parking.

2605 JUDAH STREET - BAY BUSINESS MACHINES

a) At 2605 Judah Street, install a 25'
.green zone, extending from 3' to 28'
west of 31st Avenue.

731-737 WASHINGTON STREET - MOW FUNG CO.

a) At 731-737 Washington Street, change
existing yellow zone to STLZ 7 A.M.-
6 P.M.

60' STLA from 26' to 86' west of Brenham
Place .

729 WASHINGTON STREET - MON FUNG CO. INC

a) At 729 Washington Street, change

existing yellow zone, to STLZ 7 A.M.
6 P.M.

22' yellow STLZ from 6' to 28' west
of Brenham Place.

535 GREEN STREET - BUON GUSTO SALAMI, INC

a) At 535 Green Street, install a 22'

white zone, extending from 7' to 29'
east of west property line.

b) Remove meter GRN 515, for valet parking
175 NATOMA STREET - MYERS CO.

a) At 175 Natoma Street, install a 20'

yellow zone, extending from west build-
ing line 20' east of same.

b) (Green to be revoked)

175 NATOMA STREET - MYERS CO.

a) At 175 Natoma Street, revoke existing

- 806 -

20' green zone, extending from west
building line 20' east of same.

2655 ■TTIDAH STREET - S.F.P.D.

a) At 2655 Judah Street, revoke existing
20' green zone, extending from 3' to
23' east of 32nd Avenue.

500 PRESIDIO - S.F.P.D,

a) At 500 Presidio, revoke existing 22'
green zone, extending from 9' to 31'
south of California Street .

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

REVOKED

RESOLVED, that the recommendation of
the Traffic Bureau on the revocation of 62 feet
of green zoning, at the parts of the City, at
the locations submitted, be, and the same are
hereby approved.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 558-79

CALIFORNIA STATE AUTOMOBILE ASSOCIATION
(INSURED: HERBERT DREIFUSS)

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim of
the California State Auotmobile Association (In-
sured: Herbert Dreifuss) against the City and
County of San Francisco in the sum of $1,306.38
as the result of a collision with a police vehicle,
be, and the same is hereby approved.

Date of Accident: May 29, 1979

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

- 807 -

RESOLUTION NO. 560-79

DR. ARTHUR COLEMAN

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of Dr. Arthur Coleman against the City and County
of San Francisco in the sum of $890.45 as the re-
sult of a collision with a police vehicle, be,
and the same is hereby approved.

Date of Accident: August 3, 1979

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 559-79

SUSAN M. MIDDLETON

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of Susan M. Middleton against the City and County
of San Francisco in the sum of $600.00 as the re-
sult of a collision with a police vehicle, be, and
the same is hereby approved.

Date of Accident: May 30, 1079

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 561-79

CALIFORNIA STATE AUTOMOBILE ASSOCIATION
(INSURED: WAYNE HELDT)

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of the
California State Auotmobile Association (Insured:
Wayne Heldt) against the City and County of San
Francisco in the sum of $400.00 as the result of
a collision with a police vehicle, be, and the same
is hereby approved.

Date of Accident: January 1?, ll*78

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

- 808 -

RESOLUTION NO. 562-79
MARGIE POROCOBA

RESOLVED, that the recommendation of
the City Attorney Tor settlement of the claim
of Margie Porocoba against the City and County
of San Francisco in the sum of $93.16 as the
result of damages sustained, be, and the same
is hereby approved.

Date of Incident: May 25, 1979

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 563-79
ALISON KASCH

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of Alison Kasch against the City and County of
San Francisco in the sum of $87-50 as the result
of a faulty tow, be, and the same is hereby ap-
proved.

Date of Incident: February 20, 1979

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 564-79

KENNETH P. WILLIAMS

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim of
Kenneth P. Williams against the City and County
of San Francisco in the sum of $29-75 as the re-
sult of a faulty tow, be, and the same is hereby
approved.

Date of Incident: July 5, 1979

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

- Moo -

RESOLUTION NO. 565-79

PATRICK M. MORRIS

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of Patrick M. Morris against the City and County
of San Francisco in the sum of $23.50 as the re-
sult of a faulty tow, be, and the same is hereby
approved.

Date of Incident: July 26, 1979

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 566-79

AUTHORIZING ATTENDANCE OF SERGEANT RICHARD RACINE,
PERSONNEL AND TRAINING, AT A TRAINING MANAGEMENT
COURSE AT SAN RAFAEL, CALIFORNIA, FROM OCTOBER 22,
1979 TO NOVEMBER 2, 1979, INCLUSIVE.

RESOLVED, that the recommendation of the
Chief of Police that Sergeant Richard Racine, Per-
sonnel and Training, be detailed to attend a Train-
ing Management Course at San Rafael, California,
from October 22, 1979 to November 2, 1979, inclusive,
be, and the same is hereby approved; and be it further

RESOLVED, that the expenses incurred by
Sergeant Richard Racine, Personnel and Training,
in a sum not to exceed $811.60, will be defrayed
by the San Francisco Police Department's Police
Officers' Training Fund.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 567-79

AUTHORIZING ATTENDANCE OF SERGEANT ROBERT HANKINS AND
POLICE OFFICERS BRIAN D'Ah'CY, GARY ELSENBROICH, ALEX
FAGAN, MICHAEL LAWSON, MICHAEL MC ELLIGOTT, ROBERT PUTS
AND DAVID ROCCAFORTE, CRIME SPECIFIC TASK FORCE, AT THE

- 810

ADVANCED SPECIAL WEAPONS AND TACTICS REFRESHER
COURSE AT PORT ORD, MONTEREY, CALIFORNIA, FROM

OCTOBER 9, 1979 TO OCTOBER 10, 1979, INCLUSIVE ._

RESOLVED, that the recommendation of
the Chief of Police that Sergeant Robert Hankins,
and Police Officers Brian D'Arcy, Gary Elsenbrolch,
Alex Pagan, Michael Lawson, Michael McElligott,
Robert Puts, and David Roccaforte, Crime Specific
Task Force, be detailed to attend the Advanced
Special Weapons and Tactics Refresher Course, at
Fort Ord, Monterey, California, from October 9,
1979 to October 10, 1979, inclusive, be, and
the same is hereby approved; and be it further

RESOLVED, that the expenses incurred by
Sergeant Robert Hankins and Police Officers Brian
D'Arcy, Gary Elsenbroich, Alex Pagan, Michael Lawson,
Michael McElligott, Robert Puts, and David Roccaforte,
Crime Specific Task Force, in a sum not to exceed
$113-25 each, will be defrayed by the San Francisco
Police Department's Police Officers' Training Fund.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 568-79

AUTHORIZING ATTENDANCE OP LIEUTENANT CHARLES BEENE
AND SERGEANTS JAMES DACHAUER AND DAVID WINN AND
POLICE OFFICERS HENRY HUNTER, JOHN HENNESSEY, TIMOTHY
HETTRICH,JERMIAH MORGAN, GLENN PENNEBAKER, STEVEN
SILVERS AND WILLIAM TAYLOR, CRIME SPECIFIC TASK FORCE,
AT THE ADVANCED SPECIAL WEAPONS AND TACTICS REFRESHER
COURSE AT FORT ORD, MONTEREY, CALIFORNIA, FROM OCTOBER
Hy 1979 TO OCTOBER 5, 1979, INCLUSIVE.

RESOLVED, that the recommendation of the
Chief of Police that Lieutenant Charles Beene, and
Sergeants James Dachauer and David Winn and Police
Officers Henry Hunter, John Hennessey, Timothy Hettrich,
Jeremiah Morgan, Glenn Pennebaker, Steven Silvers, and
William Taylor, Crime Specific Task Force, be detailed
to attend the Advanced Specia I Weapons and Tactics Re-
fresher Course at Fort Ord, Monterey, California, from
October 4, 1979 to October 5, 1979, Inclusive, be, and
the same is hereby approved; and be it further

RESOLVED, that the expenses incurred by
Lieutenant Charles Beene, and Sergeants James Dachauer
and David Winn, and Police Officers Henry Hunter, John
Hennessey, Timothy Hettrich, Jeremiah Morgan, Glenn
Pennebaker, Steven Silvers, and William Taylor, Crime
Specific Task Force, in a sum not to exceed $113.25 each,
will be defrayed by the San Francisco Police Department's
Police Officers' Training Fund.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

811 -

RF.r.nr,TTTlON no. 569-79

AUTHORIZING ATTENDANCE OF SERGEANT RONALD JACKSON
AND POLICE OFFICERS RICHARD HESSELROTH, ROBERT DEI,
TORRE, RICHARD HOLDER, HENRY KIRK, MARK POTTER, RAY-
MOND SHAFFER AND ROBERT SUDANO, CRIME SPECIFIC TASK
FORCE, AT THE ADVANCED SPECIAL WEAPONS AND TACTICS
REFRESHER COURSE AT FORT ORD, MONTEREY, CALIFORNIA
FROM OCTOBER 2, 1979 TO OCTOBER 3, 1979, INCLUSIVE.

RESOLVED, that the recommendation of the
Chief of Police that Sergeant Ronald Jackson and
Police Officers Richard Hesselroth, Robert Del Torre,
Richard Holder, Henry Kirk, Mark Potter, Raymond
Shaffer, and Robert Sudano, Crime Specific Task
Force, be detailed to attend the Advanced Special
Weapons and Tactics Refresher Course at Fort Ord,
Monterey, California, from October 2, 1979 to October
3, 1979, inclusive, be, and the same is hereby ap-
proved; and be it further

RESOLVED, that the expenses incurred by
Sergeant Ronald Jackson and Police Officers Richard
Hesselroth, Robert Del Torre, Richard Holder, Henry
Kirk, Mark Potter, Raymond Shaffer and Robert Sudano,
Crime Specific Task Force, in a sum not to exceed
$113.25 each, will be defrayed by the San Francisco
Police Department's Police Officers' Training Fund.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 570-79

AUTHORIZING ATTENDANCE OF SERGEANT JULIAN LANDMAN,
POLICE OFFICERS RICHARD SHEEHAN, GEORGE CIMA, JERRY
DONOVAN, JOHN FREDRICKSON, RONALD KILLEN, PHILIP BILL,
AND CHARLES TEDROW, CRIME SPECIFIC TASK FORCE, AT THE
ADVANCED SPECIAL WEAPONS ANP TACTICS REFRESHER COURSE
AT FORT ORD, MONTEREY, CALIFORNIA, FROM OCTOBER 11,
1979 TO OCTOBER 12, 1979, INC LU S I VE.

RESOLVED, that the recommendation of the
Chief of Police that Sergeant Julian Landman, Police
Officers Richard Sheehan, George Cima, Jerry Donovan,
John Fredrickson, Ronald Killen, Philip Bill, and
Charles Tedrow, Crime Specific Task Force, be detailed
to attend the Advanced Special Weapons and Tactics
Refresher Course, at Fort Ord, Monterey, California,
from October 11, 1979 to October 12, 1979, inclusive,
be, and the same is hereby approved; and be it further

- RIP -

RESOLVED, that expenses Incurred by
Sergeant Landman, Police Officers Sheehan, Gima,
Donovan, Predrickson, Killen, Bill and Tedrow,
Crime Specific Task Force, Ln a sum not to exceed
$113.25 each, will be defrayed by the San Francisco
Police Department's Police Officers' Training Fund.

AYES: Commissioners Cianl, Murphy, Sanchez,
Toler, Siggins

AUTHORIZING ATTENDANCE OP DEPUTY CHIEF CLEMENT
DEAMICIS AND ICAP ANALYSIS SUPERVISOR LAWRENCE
J. FUNK, AT AN INTEGRATED CRIMINAL APPREHENSION
PROGRAM CLUSTER MEETING IN LAWRENCE, KANSAS, ON
OCTOBER 16, 1979 AND OCTOBER 17, 1979, INCLUSIVE,

RESOLVED, that the recommendation of
the Chief of Police that Deputy Chief Clement
D. DeAmicis and ICAP Analysis Supervisor Lawrence
J. Funk, be detailed to attend an Integrated Crim-
inal Apprehension Program Cluster Meeting at Lawrence,
Kansas, on October 16, 1979 and October 17, 1979,
inclusive, be, and the same is hereby approved;
and be it further

RESOLVED, that pxnenses will be paid
by the Integrated Criminal Apprehension Program.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

The Commissioners, having received,
amended and returned copies of the minutes of the
meeting of July 18, 1979, July 23, 1979, July 25,
1979 and August 1, 1979, the reading of same was
dispensed with and the minutes were approved.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

CHIEF'S REPORT TO THE POLICE COMMISSION

Deputy Chief DeAmicis stated that, he did not have
a report for the Commissioners tonight.

Commissioner Ciani then stated that the Department
is subject of criticism because of the way tin
crime statistics are released to the public. She
said If you read the First paragraph it, says thai
the volume of crime decreased and then It shows ser-
ious crimes significantly increasing with very small
decrease in burglary, larceny and motor vehicle theft
She said overall it appeared to her to be a very ser-
ious increase while technically being tagged as an
overall decrease.

Deputy Chief DeAmicis stated that the decrease
comes about when you take all of the index crimes
together. He said taken as a lump the index crimes
which are considered by the FBI, and that is the
Department's standard, the most serious. Taken
as a whole there was a decrease in those crimes. He
said if you break those crimes down then, obviously,
you see a clearer and closer reading that there were
an increase in homicide, robbery, rape and aggravated
assault, and if you don't consider the 71 burglaries
and 762 larcenies that came in too late to be entered,
then there is a reduction in burglary, auto theft and
larceny. He said there is no intention of obfuscat-
ing the matter, it is just a very clear v.'ay of report-
ing, using a nationally known method. He stated that
he will recommend that the Department write this in
a different way so that the late reported crimes can
be included in the first paragraph of the press re-
lease.

Commissioner Siggins stated that it should be pointed
out that there is nothing wrong in the Statistics
themselves, that they are definitely accurate.

Commissioner Murphy then stated that on September
12th she had asked the Chief if he would consider
meeting with lark and Recreation, and other appro-
priate persons in the city, to see if there was any-
thing they could do that would divert some of the
energy of our youth who are mugging and harrassing
the public on busses and elsewhere and being generally
destructive. She suggested the swimming pools, for
example, in Hunters Point, or using some of the abandon-
ed ships and gymnasiums, etc.

She said that if such a. meeting was held
it would seem that those authorities could get at
some of the root causes of the youths delinquencies
rather than just attacking it on the surface by try-
ing to provide more and more poline, which the De-
partment will not be able to do.

She said she would like some kind of
response to her request, made on September 12th,
in the not too distant future, at least before Jan-
uary 8, 1980.

- 81 'I -

She then stated that she felt the
police were being very cavalier in their response
to calls for service. She read, as an example,
from an article In Herb Caen's column which spoke
of the number of solo/motorcycles on duty bhe night
a prominent attorney way killed by an alleged sig-
nal jumper. She said it went on to state that an-
other citizen had his car totaled by another traffic
light violator at Sacramento and Franklin. She
said the article continued with that even though
two people were injured the police did not want to
make a report. She said she was wondering if it
would be appropriate to have a meeting with the
Board of the POA and see if they could ask their
fellow officers, to at least, to the best of their
ability, carry out their sworn duties whether they
like the Chief, or the Commission, or anyone else.

Deputy Chief DeAmicis stated that he had taken
notes on these issues and that he v/ould bring it
to the Chief's attention first thing tomorrow morn-
ing.

Commissioner Sanchez then asked if there was any
news on the scoring of the Q2 exam.

Deputy Chief DeAmicis stated that the Auditor Mon-
itor had been working and trying to get all sides
to agree on whether to accept what the Civil Service
Commission wants, a scoring on a 50-50, meaning
50 Audio Visual and 50 Oral, or 100$ on the Oral.
He said the Auditor Monitor h&s been trying to get
concurrence for approximately two weeks. He said
on the 26th of September there is going to be a
hearing in Judge Peckham's court and at that time
there will undoubtedly be a determination as to
how the scoring will be. He said if all goes well
from that meeting and a decision is made on that
date, the Department could probably start a class
by the 2nd or 3rd week of November.

Commissioner Sanchez then stated that the last time
the Commission met there was a discussion about the
alternate uses of the gym and lockers and that every-
one would work together to try and come up with some
rational options. He said after' the meeting lie
called a number of people to see about obtaining
lockers and was promised by the school authorities
that lockers would be provided for the new Police
Academy. He asked Deputy Chief DeAmicis for a
status report in that regard.

Deputy Chief DeAmicis stated that since that time
40 half size lockers were transferred from School
Department Property to Fremont School. He said
these were used lockers and in some cases, quite
battered. He said the School Department had pro-
mised approximately 80 or 85 additional lockers
at another time. He said the Chief reviewed the

- 81^ -

entire situation and it was his conclusion that
the quality of the lockers and the size of the
lockers received from the School Department was
Inappropriate Por the ui'.o of poller, officers at
Fremont School. He continued by saying that,
therefore, the Chief Is preparing a presentation
and recommendation to the Commission as to what
should be done. He said lockers in the gym here
in the Hall of Justice have not been moved ,as some
parties have so stated.

Commissioner Sanchez stated that he would just
like to make two points. He said number one, .when
he spoke to school officials the following morning
their first response was that they have new lockers,
full siiz«£, some are stored at Poly and some are out
at the supply depot, and that he had asked Staff
here regarding the size and Staff said they wanted
the half size lockers like they have in the gym here.
So therefore, he stated, that he then called the
school officials and advised them of the request
and they said okay if that's what you want, but. we
have the full size lockers if you want them. He said
the second thing was that lockers were moved out of
the Hall of Justice gym. He stated that persons who
had personal gear there were not notified, i.e.,
"within 72 hours, we are going to take x number of
lockers 1 through 15, if you have any personal gear
please get rid of it." He said there were lockers
taken out there with personal gear with no notifica-
tion whatsoever. He then advised the Deputy to
check and find out what happened to those lockers
and what happened to the personal effects of some
of the officers who had items contained therein.

Deputy Chief DeAmicis stated that he would person-
ally look into it tomorrow morning.

The Commission then adjourned its meeting
at 1830 hours.

L •>-.

. -~

I ■ : I i .

26 SEPTEMBER 1979

REGULAR WETTING

£ "TX^UiMl

Tin'; Po I I < * « • c'i iinml as Lon of the C 1 ty and
County of lian Francisco met in their chambers.
Room 551, Ha l I of Justice, 850 Bryant S1 reet,
on Wednesday, September 26, 1979 at 1730 hours

in regular session.

PRESENT: Commissioners Ciani, Murphy, Sanchez,

Toler, Slggins DOCUMCNTS DEPT.

Commissioner Siggins presiding.

NUV 1 3 1979

SAN FRANCISCO
PUBLIC LIBRARY

RECOMMENDATION OF THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendation 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:

135 STOCKTON STREET

MAGNIN

At 135 Stockton Street, install a 41 '
STLZ yellow zone 7 A.M. to 4 P.M.,
extending from 75' to 116' south of
north property line.

133 STOCKTON STREET - I. MAGNIN

a) At 133 Stockton Street, install a 21'
STLZ yellow zone, extending from south
property line 21' north of same, 7 A.M
to 4 P.M.

1 3 3 STOCKTON STREET - I. MAGNIN

a) At 133 Stockton S1 n et, ■ i I ;1 Lng
21' white zone, extendin nth
property line 21' north of i une.

235 GEARY STREET - I. MAGNIN

a) At 235 Geary Street, install a 20'

white zone, extending from V to 24'
east of west property line.

T«*3() 2Trt3MorK>0

- 817 -

:T Gl AB I :''!, KT f . MAGNIN

a) J 0 - 1-/ :'i r-'i , r-ftvoko existing

'0' s e Llow zone, e xl endi rig i'n im jl ' to .''I '
easl of west property Line.

1167 HARRISON STREET - MARVIN TAYLOR & ASSOCIATES

a) At 1167 Harrison Street, install a 22'
green zone, extending from 22' west of
east property line.

109 BALBOA STREET - FAR EAST PLUMBING - DENIED

a) At 109 Balboa Street, Install a 22'

yellow zone, extending from 55' to 77'
west of 2nd Avenue. DENIED.

1501-42nd AVENUE - FRANCIS T KEY SCHOOL

a) At 1501-42nd Avenue, revoke existing

156 ' white zone, extending from 10' to
166 ' south of Kirkham.

APPROXIMATELY 668 MISSION STREET - 3.F.P.D

a) At approximately 668 Ml n Street,

revoke existing 22* yellov zone, extend-
ing from 109' to 131' ' of Anne Street

34ll-24th STREET - SNOOP SISTERS

a) At 34ll-24th Street, revoke existing 22'
green zone, extend: ig from west building
line 22' east of same.

AYES: Commj i e] ' , ur] , Sanchi
Poier,

REVOKED

RESOLVED, that th< r commendation of the
Traffic Bureau on the pi > a Lon of 241 feet of white,
yellow and green zones, at the parts of the City, at
the locations submitted, be, and the same are hereby
approved .

AYES: mmissioners C.iani, Murphy, Sanchez,
Toler, Siggins

- 8 18 -

RESOLUTION NO. 572-79

CALIFORNIA STATE AUTOMOBILE ASSOCIATION
AND THEIR ATTORNEY

RESOLVED, that the recommendation
of the City Attorney for settlement of litigation
of the California State Automobile Association in
the sum of $900.00 in Superior Court Action No.
739-061 entitled "California State Automobile
Association 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: June 3, 1977

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 573-79

PETER P. SPERA AND HIS ATTORNEY

RESOLVED, lhat the recommendation of
the City Attorney for settlement of litigation
of Peter P. Spera in the sum of $900.00 in Sup-
erior Court Action No. 739-061 entitled "Peter
P. Spera vs. City and County of San Francisco,
et al.," as the result of damages sustained, be,
and the same is hereby approve.

Date of Incident: June 3, 1977

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 57^-79

SHERWIN BANCROFT

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of Sherwin Bancroft against the City and County
of San Francisco in the sum of $1.71.00 as the
result of damages sustained, be, and the same
is hereby approved.

Date of Incident: July 24, 1979

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

- 819 -

THE CLAIM OP VALERIE FRUGOLI AND HER ATTORNEY
IN THE SUM OF $5,628.00 WAS CONTINUED TO thk
MEETING OP OCTOBER I, L979-

The Commissioners, having received,
amended and returned copies of the minutes of
the meeting of August 8, 1979, reading of same
was dispensed with and the minutes were approved

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

CHIEF'S REPORT TO THE POLICE COMMISSION

Chief Gain: "Mr. President and members of the Com-
mission, there was a matter in Federal Court today
having to do with the Consent Decree and the City's
compliance and I will just report briefly because I
don't know, or quite understand, what all the impli-
cations, or details, are because of the nature of
the proceeding but, one thing the judge stated is
that it is his tentative conclusion (Judge Peckham)
that there will be 160 persons hired off the current
list, on a 50-50 grading basis, that is 50$ en the
Oral and 50% on the Audio Visual, that's 160, and,
in addition, there will be 30 women hired and 9 bi-
lingual persons hired off that list for a total of
199- So there was no set number of persons to be
on the list, rather that number would be hired from
the existing list. Now the details that have to
be worked out is to one other matter that is included
In that. The second J chai LCterlzed as a tentative
decision the judge made because he is taking things
under submission and will be entertaining it tomorrow
and, perhaps, be issuing orders tomorrow, and the
second thing was this, that there will be a Consent
Decree Unit established in the Police Department
under the Police Commission and Chief of Police
and with functional direction by the Auditor Monitor.
That Consent Decree Unit would have responsibility
for retention of Personnel, for recruitnent, for
remediation, for counseling, for training, that Ls
the Academy and the : ) Program, for examination de-
velopment as regards to forthcoming Q2 lists, for
exam validation and reporting matters as required
by the Decree. The Consent Decree Unit would be
comprised of sworn police officers and non-sworn
police officers. As I understand the non-sworn
police officer that would be in that unit might well
be hired under contract. So within a word the, based
upon what was stated today and presumably subject
to further entertainment by the judge and final de-
cision, is that the Police Commission and Police De-
partment would have the responsibility for matters
heretofore invested in the Civil Service Commission.

- 820 -

Sergeant Stevens is here, he was also
there taking more notes while J war; in conversation

,"< • i ; , «■ 111 ;/. 'ii add i o any detalla of whal ] ho v. •
stated?"

Sergeant Stevens: "No sir."

Commissioner Siggins: "The court had to sign an
order at any rate."

Chief Gain: "No. Tomorrow the court will enter-
tain, it again and then orders may be forthcoming
tomorrow, if not tomorrow, then presumably the
next day. Commissioner Solomon of Civil Service
was there, the attorney, Michael Killelea repre-
senting the City, and principally the Civil Ser-
vice Commission, took exception to this proposal
by the judge, or tentative order, if that is the
right way to characterize it, and Mr. Killelea
made some representations to the court "for things
to be taken into consideration. The judge did
take one or two things under consideration and a
report on a couple of matters is due tomorrow from
Mr. Killelea, presumably then the judge will make
a final decision and issue final orders."

Commissioner Ciani: "Could you explain a Little
bit how you could displace the Civil Service Com-
mission as far as testing decisions are concerned?
Are those functions supposed to take place in this
unit?"

Chief Gain: "Well, I explained to you these

are the things that the judge listed among the
tin that the unit would be doing. 11 *as not
all inclui Lve, there may i<< others. Bu.1 >'•:>,
he specifically mentioned about in the order are
retention of newly entered recruits, probationary
and permanent personnel, recruitment, retention,
counseling, training, examination development,
validation of examinations, responsibility for
collecting data and submitting reports called for
by the Consent Decree and things of that nature."

Commissioner Ciani: "Well, ordi <■ '• ly if someone
xvere to be terminated during acadei
have a right of appeal to Civil Service?"

Chief Gain: "Well, what happens is if a police
officer during probation is subject to disciplin-
ary action, including termination by the Chief
of Police while on probation, after that proba-
tionary year of course, it's within the purview
of the Police Commission."

- 821 -

Commissioner Murphy: "Yes, but what I am wonder-
ing; about La doi s this bake from the Chief of
Police, For example, the authority to dlamiaa?

Do we rule on whether he is to be terminated or
no1 ?"

Chief Gain: "No, oh no, the Consent Decree Unit
would be housed in the Police Department, a part
of the Police Department under the administration
of the Police Commission and the Chief of Police.
The Auditor Monitor, as the way it was phrased, would
have functional direction within the framework of
the Consent Decree. The Auditor Monitor, being an
officer of the court, has responsibility to monitor-
ing the Consent Decree to insure that the city ful-
fills all of the many requirements of the Consent
Decree. That is his role. What I understand as
to the role of the Auditor Monitor is that as long
as the Police Commission and the Chief of Police who
has a responsibility for administering that unit
that is a part of the Police Department and does
it in accordance with all of those goals and objec-
tives there will be no problem. His job, in other
words, is to monitor. Make sure that the city ful-
fills all of its obligations. So within a word,
then when all of the meat is put on this matter,
all of the procedures, all of the responsibilities
this unit has, obviously there will be obligations
to fulfill. And they will be defined and there will
be time frames, due dates for tilings to be done.
And as long as all of those obligations are ful-
filled I should think then there would be no problems.
If they are not fulfilled just as, these are rny im-
pressions, the Auditor Monitor has to, ever since
he has been here, obviously has to get involved.
And he does it through mediation, exhortation and,
if necessary, by reporting to and making recom-
mendations to Judge Peckham."

Commissioner Siggins: "Okay, well then can I just
make this suggestion that this is what the Judge
said he intended. Once we get the order, let's anal-
yze it then maybe call the City Attorney, talk to
him, and then also get in touch with the Auditor
Monitor, Professor Trives just as soon as we can
then we will know where we are going. It was just-
sprung on us this afternoon."

Commissioner Toler: "Chief, at present, how many
applicants are there on the list?"

Chief Gain: "Sergeant?"

Sergeant Stevens: "2,110."

Commissioner Toler: "And from that list we are
choosing 199?"

- 822 -

Commissioner Siggins: "No-, there hasn't been
any i >ody declared eligible a: I . "

Chler Gain: "Thi i . not a cerl I ried I Lai
you said, right?"

Sergeant Stevens: "No sir."

Chief Gain: "There is not a certified list .
What was stated, again, there is not a certi-
fied list of any number, the judge stated this
way as I understood him to say, 160 persons will
be hired off the list and that is the tentative
list that has been in existence for some time,
on a 50-50 grading basis. And then, in addition,
as I stated 30 women and 9 bi-lingual persons
for a total of 199. And there was no discussion
as to how long any list is. The point was, is
that this number would be hired and then, obviously
there is decisions and defendant statements has
to be as to what happens then, what happens next.
All of this will be resolved before the court ac-
tion is over. I felt the responsibility, even
though this is not finalized, to report to the
Commission as a status report. And emphasizing
again, it is my understanding as the judge ex-
pressed, these are tentative decisions, and he
discussed them, and he has not made a final de-
cision as yet . "

Commissioner Ciani: "Well, is there any dis-
cussion of having another test, or is it im-
plicit that the judge would then agree subse-
quently to take an additional 100, 200, or 300
from this list?"

Chief Gain: "Well, what I stated to you, and
there were a lot of unanswered questions, is
what was stated in court."

Commissioner Ciani: "That's why I asked, was
there any discussion of having another test
in the near future?"

Chief Gain: "In connection with the Consent
Decree Unit, there was also another statement
made and perhaps the Sergeant captured this in
his notes, because I was in discussion while
this was going on. He did makes a statement
with regard to the Consent Decree Unit. That
certain action had to be taken within 45 days
and what was that action Sergeant?"

Sergeant Stevens: "That would be to budget the
money for this particular unit, the Consent De-
cree Unit . "

- R;

Chief Gain: "Then thai would bo the Rudget Money,
For, of course, not police personnel , that would

be a part of the unit, because there will be cer-
I :i i 1 1 muni "■!•;; of f" i I ' ''' ' I "• <"■ ' 'in i< • I , but r.'i til- ■ r 1 1 1 < •
non-police personnel thai will comprise the Con-
sent Decree Unit. And he stated I bat vj i 1 1. be done
within 45 days."

Commissioner Murphy: "What does this do to our
first recruit class?"

Chief Gain: "Beyond that, if I may give you some
of my impressions and opinions, now this is not
what was said in court but here is what I con-
cluded from the discussions in court today, is that
these numbers of persons would be hired off of the
list. The Consent Decree Unit would be established.
In my opinion what this all means is that everything
is going to be expedited, that we should be having
a recruit school class in a very short "period of
time, that the Decree Unit will be staffed in a very
short period of time and they will undertake exam-
ination development in regard to a new list. They
will undertake recruitment, so that at Last, in my
opinion, we are going to move and start hiring police-
men, training policemen. and getting the policemen
we need. And this whole process is going to be
expedited. Those are my impressions."

Commissioner Siggins: "Okay, did you want to say
something Commissioner Sanchez?"

Commissioner Sanchez: "I have a number of questions
that I wanted to ask you. The decision to count both
the iirai and the Written wan then fore eliminated?"

Commissioner Siggins, CornmL >si >m i- Ciani and Chief
Gain: "No. 50-50."

Commissioner Sanchez: "Okay. Sc therefore, the
judge is saying that we wi I I !;t Li 0 and in addi-
tion to 160, 30 will bi i i will be bi-lin-
gual for a total of 199."

Chief Gain: "Yes ."

Commissioner Sanchez: "Si ti I re, in essence,
we are really talking iboul , as an example, less
than 5% of the women would be bi -lingual, whether
they be Asian speaking, or Caul' n< se or Spanish,

alog, Samoan, and etc., correct? J mean poss-
ibly, basically, there is a possibility of having
that if you are going to comply with this?"

- 824 -

Chief Gain: "You mean in regard to the nine?"
Commissioner Sanchez: "Right."

Chief Gain: "My recollection is this then, and
I think the reason for the nine bi-lingual was
that that also is a part of the Consent Decree
matter where sometime ago we did hire, I think,
then with Federal Funding, certain numbers of
bi-lingual persons, with an understanding in con-
junction with the Decree, that we would hire more
bi-lingual persons. So this nine bi-lingual
persons is in conforming with that understanding
and that's why the nine. In it also, in terms
of the Consent Decree, there was a matter of hir-
ing x number of persons in addition to that
specifically hiring 30 female officers, so this,
to me, squares with the Consent Decree terms and
understandings that have been extant all of the
time."

Commissioner Sanchez: "Okay, secondly there is
no cutoff at this point pertaining to the rank-
ing and the candidates who are taking the test,
correct? I mean, as an example, there are 2,119
who are on the list, that the list has not been
scored or ranked, correct? Or is in the process
of being ranked?"

Sergeant Stevens: "Yes, Civil Service will be
making up the list shortly and they will rank
everybody. But the ranking will take place...
er all those 2,119 people will be ranked on a
50-50 basis, 50 for the Oral and 50 for the
Audio Visual."

Commissioner Sanchez: "Okay, so one, the ranking
is completed, then letters will go out to the 199,
or 200, or whatever, asking them to participate
in our class which will be what? November or....?"

Chief Gain: "November 13th is the target date
for the first class."

Commissioner Siggins: "Ther won't be 199

Chief Gain: "There will be 40. 40 will be hired.
Our plan is when we start is, we will hire 40 at
a time. So we will hire 40, and then 6 weeks or
8 weeks later, then 40 more, and then 6 or 8 weeks
later, then 40 more. By about the 9th week you
will have 3 classes of approximately 40 each. You
see what else could happen here, and I am impressed
that this may happen, is that we start the process
of hiring 199 and get the recruitment going, the
examination development going and we could have a

- 825 -

new cert I fled e 1 igi b 1 1 i t y 1 i s t probab ly by "lay
of next year . A new List. And we have a brand

new list so that these 199, it would probably mean
w would need ;< now eligibility list by about May
19th, and then bh@ n J i >crul1 class ordinarl] y
would start on June 23nd, so we can just keep up
our schedule of recruit classes and be able to
hire the 320 for the year when we commence schools,
and then the 320 after that, and fill our ranks and
meet the terms of the Consent Decree. In my judg-
ment this will expedite the whole process."

Commissioner Ciani: "Are you saying in your
judgment there will be another test and another
list created by May?"

Chief Gain: "Yes, because I think that's the
implication of all of this, yes. It wasn't that
explicit today in court but those are my conclu-
sions of what will happen."

Commissioner Ciani: "Well my concern is where
are we going to get a test in such a short time
that can be validated and that will be better than
the test we have? That's a rhetorical question."

Chief Gain: "I don't think that I said that the
next; test itself, necessarily, has to be validated.
A charge of that unit will be eventually to come
up with a validated test. It may well be that they
will use the same Audio Visual test that they used
before. So I don't think that validation is nec-
essarily going to take place right away."

Commissioner Ciani: "Well, if they use the same
test then why do it again and not just use what
we have got?"

Commissioner Siggins: "Well, T don't think we are
going to settle much tonight but I can make a com-
ment Chief, that anybody that 'alls you a 'lame duck
Chief,' doesn't recognize the fact that you have a
lot of work to do and you are doing it. And the con-
notation of 'lame duck' doesriV fit."

Chief Gain: "Yes, you can see we have to change
that. I am an 'unlame duck Chief.' "

Commissioner Siggins: "Okay, keep up the good work
Chief. And thank you Sergeant Stevens and we will
be seeing more of you in that connection, and we
will be seeing more of Professor Nathaniel Trives.
Okay, may we have the next item?"

826 -

REQUEST FOR A SUPPLEMENTAL APPROPRIATION TO FUND
a POLICE DEPARTMENT DECENTRALIZED PERSONNEL UNIT.

Chief Gain: "Mr. President, members of the Com-
mission, in light of what occurred today and
what may happen, it could be an effect upon this,
but I would request and recommend to the Commis-
sion that tonight that you act favorably upon this
and we can determine in the next few days what's
going to happen, and if we find it shouldn't be
processed then we can reverse that action later.
But, if the Commission did it tonight, then we
find it should go through to get the money, then
the action will have been taken. There will be no
harm done . "

Commissioner Murphy: "Why? Would this be severed
from the present personnel unit?"

Chief Gain: "What will happen if we have a, in
my judgment, a Consent Decree Unit, or as this
is identified, a Decentralized Personnel Unit, our
present staff in our Personnel Unit will become
a part of this unit. We will only have one."

Commissioner Murphy: "I move for approval of
this Supplemental Request."

Commissioner Toler: "Second."

Commissioner Siggins: "Okay, all Ln favor?"

AYES: Commissioners Ciani , Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 575-79

REQUEST FOR A SUPPLEMENTAL APPROPRIATION TO FUND A
POLICE DEPARTMENT DECENTRALIZED PERSONNEL UNIT.

RESOLVED, that the P< : n Commission
hereby approves the Request f< i Supplemental
Appropriation which amends the Annual Salary Ordi-
nance to reflect the establishment and operation
of a Police Department Decentralized Personnel
Unit effective November 21, 1979.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

- 827 -

RESOLUTION NO. 576-79

PUBLIC HEARING ON THE ISSUANCE OF A SECOND HAND

[] ..,■ PERMIT, 9 ' MAR] PQSA ST] RET, SAN FRANCISCO,

(AUTO ACCESSORIES)

WHEREAS, the Police Commission on September
26, 1979, heard the application of Harvey M. Good, •
dba "Courtesy Auto Wreckers," for the issuance of
a Second Hand Dealer Permit at 935 Mariposa Street
in the City and County of San Francisco; and

WHEREAS, applicant appeared in person and
presented oral testimony in support of his applica-
tion; and

WHEREAS, written recommendations of ap-
proval were submitted from Southeast Police Station,
the Department's Auto Section and other appropriate
City Agencies; therefore be it

RESOLVED, that the Police Commission in
accordance with the provisions of Section 1237 of
the San Francisco Municipal Code (Police Code) does
hereby grant to Harvey M. Good, dba "Courtesy Auto
Wreckers," a Second Hand Dealer's Permit for the
purpose of buying, selling, exchanging, storing or
dealing in used or second hand automobile, motor
vehicles, motorcycles, equipment, storage batteries
and parts of automobiles or automobile accessories
at 935 Mariposa Street in the City and County of
San Francisco.

AYES: Commii sioni vs Clanl, Murphy, Sanch< z,

Toler, Sigglns

RESOLUTION NO. 577-79

LIEUTENANT RICHARD WILLETT, TRAFFIC BUREAU, HIT
AND RUN DETAIL

WHEREAS, charges of violating the Rules
and Procedures of the San Francisco Police Department
were filed against Lieutenant ard Willett, Traffic
Bureau, Hit and Run Detail, a Lows:

SPECIFICATION NO. 1

Proposing a Compromise Between a Person
Suspected of a Crime and the Victim, with
a View of Permitting the Suspect to Escape

- 828 -

the Penalties Provided by Law.
(Violation of Section 2.89 of the
Rule a unc3 Procedures of the San
Francisco Police Department)

SPECIFICATION NO. 2

Conduct Reflecting Discredit Upon
the Department. (Violation of Sec-
tion 2.13 of the Rules and Procedures
of the San Francisco Police Department.)

SPECIFICATION NO. 3

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

SPECIFICATION NO

Conduct Reflecting Discredit Upon the
Department. (Violation of Section 2.13
of the Rules and Procedures of the San
Francisco Police Department.)

SPECIFICATION NO. 5

Conduct Reflecting Discredit Upon the
Department. (Violation of Section 2.13
of the Rules and Procedures of the San
Francisco Police Department.)

SPECIFICATION NO. 6

Failure to Truthfully Answer Questions

Propounded. (Violation of Section 2.49
of the Rules and Procedures of the San
Francisco Police Department.)

SPECIFICATION NO. 7

Conduct Reflecting Discredit Upon the
Department. (Violation of Section 2.13
of the Rules and Procedures of the San
Francisco Police Department . )

SPECIFICATION NO. 8

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

829 -

SPECIFICATION NO,. 0

Proposing a Compromise Between a
Person Suspected of a Crime and the
victim, with a vi'-w of Permitting the
Suspect to Escape the Penalties Provided
by Law. (Violation of Section 2.89 of
the Rules and Procedures of the San
Francisco Police Department.)

SPECIFICATION NO. 10

Conduct Reflecting Discredit Upon the
Police Department. (Violation of Section
2.13 of the Rules and Procedures of the
San Francisco Police Department.)

SPECIFICATION NO. 11

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

by Charles R. Gain, Chief of Police; therefore be it

RESOLVED, that the setting of the date
for the hearing before the Police Commission on
charges filed against Lieutenant Richard Willett,
Traffic Bureau, Hit and Run Detail, be, and the
same is hereby set for Wednesday, October 3> 1979,
at 5:30 p.m., in Room 551, Hall of Justice.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, ." I g| i tis

PUBLIC HEARING REGARDING LAW ENFORCEMENT IN THE
MISSION POLICE DISTRICT.

Leonel Uriarte Monterey: "My name is Leonel Uriarte
Monterey and I am President of the Mexican American
Political Association, San Francisco Chapter. We
have some presentations and I will ask the Commission
to hear from some of the young people who have attended
this metting. We requested this meeting because there
is a serious problem as for as police community rela-
tions in the Mission District. The District concept
has proven to be a failure despite the Chief's state-
ments to the contrary, and I would like to quote some
of what the Chief has to say about that. He says 'that
effective police community relations should permeate
the entire police department. That each police person,
regardless of rank, should effect good police community
relations within the context of his position and that

- 830 -

the responsibility should not be regulated to a

spec l a i mi ii. ■•Mi y . • vi >■ I "'i of bhe ma1 ber La

s Lnce bhe dlstrld concepl has been pe mil ttdd, bhe

community relations has deteriorated to the point
thai Lt !.s now. Also, we have the problem that a

police problem ha s I n politii Ltsed to the point

that there is a danger of an ethnic confrontation
and I would hope that this Police Commission ad-
dress this issue. That clear guidelines be set
for police officers as far as their treatment to
young people in the Mission, as far as stopping
people, as far as the low riders and as far as the
treatment of the individual residents in the Mis-
sion, and I submit to you since the MAPA Board
had a special meeting to deal with the Community
Relations problem about 3 weeks ago, we heard
testimony of 40 people who had complaints. Mem-
bers of the Executive Board did walk up and down
the Mission, patrolling the Mission, they did
verify some of the complaints and they are valid
complaints as far as the treatment by the police
pf the local residents and the people that come
to the Commission. I would ask the Commission
at this point to look into the possibility of taking
a vigorous campaign as far as making sure that the
police officers understand their role. That they
understand that they cannot just stop individuals
because they might look suspicious, or what have
you that there must be clear guidelines as far as
that, as far aa stopping cars, as far as running
checks on individuals, as far as charging young
people with a drunken offense, taking them to the
stations, holding them for 4 to 5 hours and then
releasing them. That amounts to harrassment. I
think it is very important that you take into con-
sideration the testimony that is going to be pre-
sented to you and act properly. T would also urge
you to move to implement them or to put Into effect
the old community relations where trained individ-
uals can go, mii an ongoing basis to the various
groups in the community and talk to them and con-
tinue the kind of community relations that existed
in the past. It was unfortunate that the old com-
munity relations, at the time we had a law suit
that was a devisive thing even among the police
officers, Officers for Justice, and the regular POA
against the Police Community Relations Unit. I think
that the old Police Community h'elations Unit did a
good job despite the criticisms labelled against it,
and I think that something has to be done in a posi-
tive order. We do not condone criminals, we do not
condone people breaking the law, but on the other
hand we don't think it is proper to deal with it
by sending the Tac Squad, increasing the numbers of
police during the weekends, officers that are not
familiar with individuals that come to the district
and, therefore, they do not treat, individuals pro-
perly, that they talk down to people and sometimes
act in a very unofficerlike manner. I would pass
on to the next speaker at this time."

The following persons then spoke and made various

- 831 -

recommendations to alleviate some of the alleged
problems they felt they were having in the ivtissj

1. Albert Will Lami

2. Supervisor Carol Ruth Silver

3. Robert Hernandez

4. Romeno Garcia

5. Eddy Alarcon

6. Johnny Reyes - The Lords

7 . Tony Lama

8. Rudy Lugaro

9. Tom Miggins

10. Andy Sanchez

11. Roger Campos

12. Debra Cruz

13. Squid

14. Fior Crane

15. Luisa Ezquerero-Returned-submitted written

documents .

16. James Cohen

17. Julio Zamacoma

18. Pedro Ortiz

19. Javior Reyes

20. Judith LaCourse

21. Angle Alarcon

22. Comm. Ayala - Community College Board

23. Ena Spackman

24. Al Williams

25. Sanchez Alvaro

26. Delma Chuchivan

27. Glen Potter

28. Luis Munoz

832 -

At the end of the testimony Commissioner Murph-
pointed out that steps were already being takr-n
to i • ! Institute the Comrnun l I y He La b I ona Punpt I on
of the department and that meetings with the Park
and Recreation Department and others viero being
i -i i- in i g®d bo '■•<<•>• what recreati I ona I I a< I Lltd ies
could be opened for the youth of the city to cut
down on the juvenile delinquency occurring :ln the
city .

The Commission then took the matter under sub-
mission and stated they would implement those
recommendations submitted tonight wherever possible

The Commission then adjourned its meeting at
2046 hours.

tf. \- 1

. r-

- 833

m 1979 aecutive session

Thg^Police Commission of the City and

County of^-San Pranclac el Ln bheljp ohambers,

Room 551, Hkll of Justice, 850 Bryant Street,
on Thursday, September 27, 1979 at 1700 hours,

In Executive Session.

PRESENT: Commissioners Ciani, Murphy, Sanchez,

Toler, Siggins DOCUMENTS DEPT.

q. , .„. NUV131979

Commissioner Siggins presiding.

SAN FRANCISCO
PUBLIC LIBRARY

CONTINUATION OP THE HEARING OF POLICE OFFICER
MIC HAEL KELLY, VICE CRIMES DIVISION

The matter of the hearing of Police
Officer Michael Kelly, Vice Crimes Division, was
called, it having been continued from the meeting
of September 10, 1979.

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

Mr. Lawrence Wilson, Attorney at Law,
appeared as the Prosecutor for the Police Depart-
ment .

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

Erlinda Symaco

497 Joost Avenue

San Francisco, California

Erlinda Symaco was represented by Mary
Lyn Hedges, Attorney at Law, who was present dur-
ing her .testimony .

The following exhibits were entered into
Evidence by the Prosecution:

Exhibit "J" - Two color photographs of

Erlinda Symaco. Top photo-
graph of left leg. Bottom
photograph of upper torso
depicting discoloration of

- 834 -

right arm between shoulder
i in i elbow .

Exhibit "K" - Two color photographs of

Erllnda Symaco. Top photo-
graph of Erllnda Symaco dis-
playing head, neck and shoul-
der. Head reclining on pil-
lows. Bottom photograph of
Erlinda Symaco, head, neck,
and shoulder in upright posi-
tion .

The Commission then adjourned at 1912
hours, and the matter was continued to Monday,
October 8, 1979, at 1700 hours, in Room 551, Hall
of Justice.

Recess taken during the
hearing of Police Officer
Michael Kelly:

1824 hours to 1831 hours

(The entire proceedings were taken
in shorthand form by Hearing Reporter
Richard G. Hill, C.S.R. )

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

CONTINUATION OP THE HEARING of POLICE OFFICER
DANIEL MARR, BUREAU OF COMMUNICATIONS

The matter of the hearing of Police
Officer Daniel Marr, Bureau of Communications,
was called, it having been continued from the
meeting of September 10, 1979.

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

Mr. Lawrence Wilson, Attorney at Law,
appeared as the Prosecutor for the Police De-
partment .

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

- 835 -

Er i i ii-i'i Sym

407 Joosl enue

San Francisco, California

Erlinda Syraaco was represented by
Mary Lyn Hedges, Attorney at Law, who was pre-
sent during her testimony.

The following exhibits were entered
into Evidence by the Prosecution:

Exhibit "J" - Two color photographs of

Erlinda Symaco. Top photo-
graph of left leg. Bottom
photograph of upper torso
depicting discoloration of
right arm between shoulder
and elbow.

Exhibit "K" - Two color photographs of

Erlinda Symaco. Top photo-
graph of Erlinda Symaco dis-
playing head, neck, and shoul-
der. Head reclining on pil-
lows . Bottom photograph of
Erlinda Symaco, head, neck,
and shoulder in upright posi-

The Commission then adjourned at 1912 hour!;
and the matter was continued to Monday, October 8,
1979 at 1700 hours, in Room 551, Hall of Justice.

Recess taken during the
hearing of Police Officer
Daniel Marr:

1824 hours to 1831 hours.

(The entire proceedings were taken
in shorthand form by Hearing Reporter
Richard G. Hill, C.S.R.)

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, nij~gins

The Commission then adjourned its meeting at
1912 hours.

DOCUMENTS DEPT.

" 836 " -HOV-MW*-

SAMfRANClSCO
WftfcfC LlBrt*ft¥

L979 REGULAR 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 Wednesday, October 3, 1979 at 1730 hours in
regular session.

PRESENT: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

Commissioner Siggins presiding,

RECOMMENDATION OF THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendation 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.

150 OTIS STREET - DEPT. OF SOCIAL SERVICES

a) At 150 Otis Street, install a 44' Blue
zone, extending from 9' to 53' south of
north building line.

1360 MISSION STREET - DEPT. OF SOCIAL SERVICES

a) At 1360 Mission Street, install a 22'
Blue zone, extending from 12' to 3V
east of west property line.

b) Remove meter #MIS 1330.

APPROXIMATELY 169 OTIS STREET - DEPT. OF SOCIAL SERVICES

a) At approximately 169 Otis Street, install

a 22' Blue zone, extending from 110' to 132'
north of 13th Street.

APPROXIMATELY 1690 MISSION STREET -DEPT. OF SOCIAL

SERVICES

a) At approximately 1690 Mission Street,
install a 22' Blue zone, extending from
10' to 32' south of north property line.

b) Remove meter #MIS 1690.

•

^7 07 SACRAMENTO STREET - PENINOV CLEANERS

a) At 3707 Sacramento Street, install a
22 ? green zone, extending from went
property line 22' east of same.

- 837 -

399 O'FARRELL STREET - S.F.P.D.

a) At 399 O'Farrell Street, revoke exist-
ing 55' white zone, extending from 50'
to 105' east of Taylor Street.

325-327 DIVISADERO STREET - S.F.P.D.

a) At 325-327 Divisadero Street, revoke
existing 44' yellow zone, extending
from 25' to 69' north of south line.

Install meters.

438 0' FARRELL STREET - S.F.P.D,

a) At 438 O'Farrell Street, revoke existing
22' white zonp. extending from 4' to 26'
east of Shannon Street .•

318 DIVISADERO STREET - NG'S CLEANERS

a) At 318 Divisadero Street, revoke exist-
ing 24' yellow zone, extending from 63'
to 87' north of Page Street.
(Needs green zone for customer service -
DPW for green meters.)

4340-3rd STREET - MR. ED'S LIQUORS - PARTIAL GRANT

AND DENIAL

a) At 4340-3rd Street, install a 90' green
zone, extending from Kirkwood property
line 4347-3rd Street, 90' south of same. DENIED

b) Recommended by S.F.P.D. - 2 zones - one

for each store for a total of 44'. GRANTED.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

- 838 -

REVOKED

RESOLVED, that the recommendation of
the Traffic Bureau on the revocation of 145 feet
of white and yellow zones, at the parts of the
City, at the locations submitted, be, and the
same are hereby approved.

AYES: Commissioners Clani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 589-79

VALERIE FRUGOLI AND HIS ATTORNEY

RESOLVED, that upon the recommendation
of the City Attorney, judgment has been awarded
to Valerie Frugoll, in Superior Court Action No.
693-622 in the sum of $5,628.00, as the result of
damages sustained, be, and the same is hereby ap-
proved.

Date of Incident: April 4, 1975

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 578-79

EDNA M. MUSE AND HER ATTORNEY

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of Edna M. Muse against the City and County of
San Francisco in the sum of $1,350.00 in Superior
Court Action No. 680-737, as the result of damages
sustained, be, and the same is hereby approved.

Date of Incident: March 1, 197^

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

- 839 -

RESOLUTION NO. 579-79

MANUEL CARLOS MORDIDO, JR.

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of Manuel Carlos Mordido, Jr., against the City
and County of San Francisco in the sum of $28.74
as the result of a faulty tow, be, and the same
is hereby approved.

Date, of Incident: August 19, 1979

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 580-79

TRAVEL EXPENSE VOUCHER - APPROVED

RESOLVED, that the Travel Expense Voucher
submitted by the following-named member of the Police
Department for expenses incurred in attending the below-
indicated program, be, and the same is hereby approved:

Lieutenant Daniel J. Murphy) $331.00 (Law Enforcement
Intelligence Unit ) (Intelligence Train-

ing Conference, at
(Anaheim, California,
(from September 18,
(1979 to September
(21, 1979, inclusive.

AYES: Commissioners Cianl, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 581-79

TRAVEL EXPENSE VOUCHER - APPROVED

- 840 -

Lieutenant Victor Macia) $275.00

Tuv.mM, 1 gg I 1 i .1,,! , Y.uit h )

Services )

(Middle Management
( i iavo 1 1 ipmtent Train-
(ing Semijnar, Dallas,
(Texas, from September
(10, 1979 to Septem-
ber 14, 1979, inclu-
sive.

AYES: Commissioners Ciani,
Toler, Siggins

Murphy, Sanchez,

RESOLUTION NO. 582-79

TRAVEL EXPENSE VOUCHERS - APPROVED

RESOLVED, that the Travel Expense
Vouchers submitted by Sergeant Richard R. Racine,
Personnel and Training, for expenses incurred for
attendance of 118 trainees at a Supervisory Train-
ing Course, be, and the same is hereby approved:

Supervisory Training Course, - $8l6.00( Supervisory

24 Trainees (2/19/79 to 3/2/79) (Training Course,

(City College.
Supervisory Training Course, - $850. 00 (of San 'Francisco,

25 Trainees (3/19/79 to 3/30/79)

Supervisory Training Course - $8l6.00
24 Trainees (4/10/79 to 5/11/70)

Supervisory Training Course - $741.00
21 Trainees (5/21/79 to 6/1/79)

Supervisory Training Course - $408.00
(8/20/79 to 8/31/79)

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 583-79

AUTHORIZING ATTENDANCE OF POLICE OFFICERS SAMUEL
OSBORNE AND GEORGE HOOD, VICE CRIMES-NARCOTICS,
AT A NARCOTICS INVESTIGATORS COURSE AT SACRAMENTO,
CALIFORNIA, FROM OCTOBER 14, 1979 TO OCTOBER 26,
1979, INCLUSIVE.

RESOLVED, that the recommendation of
the Chief of Police that Police Officers Samuel
Osborne and George Hood, Vice Crimes-Narcotics,

- 841 -

be detailed to attend a Narcotics Investigators
Course at Sacramento, California, from October 14,
1979 fee Ool oii-M- 26, i 979, l.no3 ue Lve, bo, i the

same is hereby approved; and be It further

RESOLVED, that expenses incurred by
Officers Osborne and Hood, Vice Crimes-Narcotics,
in a sum not to exceed $528.00 each, will be de-
frayed by the San Francisco Police Department's
Police Officers' Training Fund.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 584-79

AUTHORIZING ATTENDANCE OF LIEUTENANTS HARRY MILLER,
NORTHERN STATION, STEPHEN SPELMAN, RICHMOND STATION,
WALTER VAN DEHEY, SUPPORT SERVICES, EDWARD MCDONOUGH,
SOUTHEAST STATION, AT A MIDDLE MANAGEMENT TRAINING
COURSE AT WATSONVILLE, CALIFORNIA, FROM OCTOBER 13,
1979 TO OCTOBER 26, 1979, INCLUSIVE.

RESOLVED, that the recommendation of the
Chief of Police that Lieutenants Harry Miller, Stephen
Spelman, Walter Van Dehey, and Edward McDonough, be
detailed to attend a Middle Management Training
Course at Watsonville, California, from October 13,
1979 to October 26, 1979, inclusive, be, and the same
is hereby approved; and be it further

RESOLVED, that the expenses incurred by
Lieutenants Harry Miller, Stepehn Spelman, Walter
Van Dehey, and Edward McDonough, in a sum not to
exceed $888 each, will be defrayed by the San Fran-
cisco Police Department's Police Officers' Training
Fund.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 585-79

RECOMMENDATION OF THE CHIEF OF POLICE THAT 140 PER-
SONNEL BE GRANTED PERMISSION TO ATTEND A FIELD TRAIN-
ING OFFICER PROGRAM TO BE CONDUCTED AT FOUR FIELD
TRAINING OFFICER SEMINARS. EACH COURSE TO BE OF
40 HOURS DURATION WITH 35 TO ATTEND EACH COURSE, ON
THE FOLLOWING DATES: OCTOBER 14, 1979 TO OCTOBER 19,

- 842

1979, OCTOBER 21, 1979 TO OCTOBER 26, 1979,
NOVEMBER 4, 1979 TO NOVEMBER 9, 1979, AND
NOVEMBER ''•, L9>79 TO MOV EM PER ]0j 1.079.

RESOLVED, that the recommendation of
the Chief of Police that 140 personnel be de-
tailed to attend a Field Training Officer Pro- ,
gram to be conducted at four Field Training
Officer Seminars. Each course to be of 40 hours
duration with 35 to attend each course, on the
following dates: October 14, 1979 to October
19, 1979, October 21, 1979 to October 26, 1979,
November 4, 1979 to November 9, 1979, and Novem-
ber 26, 1979 to November 30, 1979, be, and the
same is hereby approved; and be it further

RESOLVED, that expenses incurred by
140 personnel to attend a Field Training
Officer Program, in a sum not to exceed $7,500.00
for each seminar, will be defrayed by the San
Francisco Police Department's Police Officers'
Training Fund.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

The Commissioners, having received,
amended and returned copies of the minutes of
the meetings of August 15, 1979, August 22, 1979,
and August 29, 1979, reading of same was dis-
pensed with and the minutes were approved.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

CHIEF'S REPORT TO THE POLICE COMMISSION

The Chief stated to the Commission that he had
brought staff members, Deputy Chief Mullen and
Commander Seghy, to give a status report on the
numbers of traffic accidents compared this year
with last year. Also, the numbers of traffic
citations issued.

Commander Seghy addressed the Commission and
stated that speeding violations and traffic
signal violations were as follows: 7376 speeding
violations and 8463 traffic signal violations.
He further stated that the radar program has been
a great success and he expects to expandthat pro-
gram as more streets are surveyed and additional
equipment is obtained. The overall accident pic-
ture has remained relatively stable over the last
several years with a slight decline in personal
injury accidents, which present the most valuable
picture of what is going on in the accident field.

- 843 -

Commissioner Murphy inquired as to the reason
why that when police offioera ceapond bo the

scene of an accident that no traffic citations
are issued.

Commander Seghy went on the explain that it has
been required that an officer receive at least
40 hours training before that officer be allowed
to issue a citation based on his investigation
of the accident. This does not preclude the fact
that the officer will make the investigation, but
without said training he would not issue a cita-
tion at the scene.

Chief Gain pointed out to the Commission that
after the investigation has been completed that
the trained investigator in the bureau could
issue a citation.

Commander Seghy went on to explain that Peace
Officers Standards and Training has changed the
training regulation and that the number of hours
(40) were now excluded and the new wording simply
stated that the officer has received adequate
training in order to write citations at the time
of the investigation of the accident.

Commissioner Toler was concerned as to the num-
ber of officers assigned to the solo motorcycles.

Commander Seghy went on to explain that in the
budget the department has been allotted 45 officers,
but at the present time we have 39 officers as-
signed to the solo motorcycles and that eight
men are off with disability injuries leaving the
department with thirty-one officers now working
the solo motorcycles.

The Commander was asked if he would like to re-
place these officers.

Chief Gain went on to explain that we are now 208
officers short in the department and we expect a
continued shortage of officers, particularly in
the patrol division, until next year when new peo-
ple are trained in recruit school.

The Chief stated that in due time officers
would be replaced in the traffic units. The Chief
went on to report that the officers in patrol are
to write the majority of citations, that there has
been a decrease in the patrol units writing these
citations. Figures show that in a period between
January to September there has been a reduction of
4000 traffic citations. Deputy Chief Mullen and
Commander Seghy are to encourage and motivate every-
one to write more citations.

844 -

Chief Gain stated that there are pro-
bably many reasons why the amount of citations
have dropped but fehat bhe dipfcalna of ouch unit,
would be responsible to motivate, organize and
direct their officers to write more citations.

Commissioner Siggins stated that the department
could give a Christmas present to the citizens
of San Francisco by writing these 4000 traffic
citations by Christmas .

Deputy Chief Mullen responded, "you shall have them."

The item of the lockers at the new academy and
training facility located at the Fremont School
was discussed before the Commission. Plans are
underway, according to Captain Shannon, to trans-
fer the lockers from the Hall of Justice to the
Fremont School and exchange them with the lockers
from the school. The need being that the small
lockers that are at the school are not adequate
to house the equipment that the recruit officer
needs. This will be done at a minimum cost as
staff from the academy will make the exchange and
installation of the lockers.

Commissioner Sanchez expressed concern that the
gym now located at the Hall of Justice was not
kept open for the neighborhood group of children
for use on Saturday mornings .

Captain Shannon stated that that was true but the
same children are now going out to the Fremont
School and even more from that area are expected
to use the facility there.

Chief Gain reported that this will be worked out
and that he has expressed an idea where an off
duty officer using the gym, such officer that is
trained in physical training, would supervise the
gym. The Chief also stated that senior citizen
groups have volunteered to assist in this program
and that that is being explored.

The Chief stated that he has discussed this
item with Bob Barry, President of the POA, and that
that group would provide the equipment for use in
the gym. However, the POA wants to make sure that
there is adequate supervision before they put out
the money for the equipment .

Commissioner Murphy asked a question regarding an
article she had read in the San Francisco Examiner,
on October, the second, regarding the Consent De-
cree .

- 8 'I r. -

Chief Gain went on to clarify that the department
will be hiring the 199 officers in conformance

with that Decree and that the department will
eventually be brought up to 1971 officers.

Commissioner Murphy suggested that we should in-
vestigate the idea of a continual testing program
for the department .

The Chief responded that nothing will block this
in time.

Commissioner Sanchez expressed concern about the
present school teachers strike.

The Chief responded that he and Dr. Alioto were
in communication, and that virtually all the
schools have officers assigned to them. Thus far,
no substantial problems have been reported to
the Chief.

Commissioner Siggins stated that he was glad that
the Chief had addressed the traffic problem be-
cause he had heard that the Chief would be called
before the Police, Fire and Safety Committee of
the Board of Supervisors on October 11th and asked
some of those questions.

The Chief responded that he looked forward to it .

RESOLUTION NO. 586-79

REQUEST OF JOSE S. CORTEZ FOR PERMISSION TO INCREASE
HIS JITNEY BUS PASSENGER LOAD FROM TWELVE (12) PASS-
ENGERS TO FIFTEEN (15) PASSENGERS - DISAPPROVED.

WHEREAS, Jose S. Cortez requested by letter
a hearing before the Police Commission for permission
to increase his passenger load from twelve (12) pass-
engers to fifteen (15) passengers; and

WHEREAS, the Police Commission heard the
matter at its meeting of October 3, 1979; and

WHEREAS, an objection was received from
Police Officer Michael Ferrier, Taxi Detail, Traffic
Bureau, who after examining the van found that it did
not have proper seating for fifteen passengers; and

- 846 -

WHEREAS, the Police Commission after
listening to testimony from all parties, adopted
the i'd I I nw i rig i»i fso I ut Lon:

RESOLVED, that it is the order of the
Police Commission that the request of Jose S.
Cortez for permission to increase his jitney bus
passenger load from twelve (12) passengers to
fifteen (15) passengers, be, and the same is
hereby disapproved; and be Lt further

RESOLVED, that at such time as Jose
S. C.ortez equips his van with proper seating for
fifteen passengers, and said proper seating is
approved by the Taxi Detail, Traffic Bureau, he
may return to the Police Commission for further
consideration of this request.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 587-79

SETTING OF THE DATE FOR THE HEARING OF LIEUTENANT
RICHARD WILLETT, TRAFFIC BUREAU, HIT AND RUN DETAIL

WHEREAS, the setting of the date for the
hearing of disciplinary charges filed against Lieu-
tenant Richard Willett, Traffic Bureau, Hit and Run
Detail, was called; and

WHEREAS, it was requested by the Police
Commission that Lieutenant Willett 's disciplinary
charges be set for October 17, 1979; therefore be

RESOLVED, that the hearing of the dis-
ciplinary charges filed against Lieutenant Richard
Willett is set for Wednesday, October 17, 1979 at
5:30 p.m., in Room 551, Hall of Justice.

AYES: Commissioners Ciani, Murphy, Sanchez,

Toler, Siggins

HEARING RELATIVE TO THE TERMINATION OF RECRUIT
OFFICER VALCOUR L. EUGENE

The hearing relative to the termination
of Recruit Officer Valcour L. Eugene was called,
it having been set for this date.

- 847 -

Recruit Officer Eugene, having been
nut. i i' i cii well in advance of the hearing^ die
not appear, nor did he send a representative in
his behalf.

Mr. Lawrence Wilson, Attorney at Law,
representing the Police Department, requested
the Commission's approval of Chief of Police
Charles R. Gain's Termination "r,]or of Valcour
L. Eugene.

The Commission took the matter under
submission, after which the following resolution
was adopted:

RESOLUTION NO. 592-79

DECISION - HEARING RELATIVE TO THE TERMINATION
OP RECRUIT OFFICER VALCOUR L. EUGENE.

WHEREAS, on October 12, 1978, Chief
of Police Charles R. Gain, terminated Valcour L.
Eugene as a Police Officer of the San Francisco
Police Department for failing to meet the academic
standards of the San Francisco Police Academy as
contained in Item 3 (on page 37) of Recruit School
Operations Manual in that he failed both Test I
and the retest given after remedial instructions;
and

WHEREAS, it was discovered that because
Recruit Officer Valcour L. Eugene was under a temp-
orary appointment and being paid with other than Ad
Valorem funds, the Chief's Termination Order could
not be final until approved by the Police Commission,
and

WHEREAS, a hearing on said termination of
Recruit Officer Valcour L. Eugene was heard before
the Police Commission in accordance with Section 3-501
of the Charter of the City and County of San Francisco
on August 8, 1979, August 15, 1979, September 12, 1979,
and on Wednesday, October 3, 1979, the matter was sub-
mitted to the Police Commission for decision; and

WHEREAS, the Police Commission finds that
the Chief's Termination Order made and imposed upon
Recruit Officer Valcour L. Eugene is justified and
proper; therefore be it

RESOLVED, that it is the order of the
Police Commission that the Chief's Termination

- 848 -

Order made and imposed on Recruit Officer Valcour
Li Eugene, be, and the same hereby affirmed T and

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

AYES: Commissioners Cianl, Murphy, Sanchez,

Toler, Siggins

HEARING RELATIVE TO THE TERMINATION OF RECRUIT
OFFICER DONALD JONES.

The hearing relative to the termination
of Recruit Officer Donald Jones was called, it
having been set for this date.

Recruit Officer Jones having been noti-
fied well in advance of the hearing, did not appear,
nor did he send a representative in his behalf.

Mr. Lawrence Wilson, Attorney at Law,
representing the Police Department, requested
the Commission's approval of Chief of Police
Charles R. Gain's Termination Order of Recruit
Officer Donald Jones.

The Commission took the matter under
submission, after which the following resolution
was adopted:

RESOLUTION NO. 593~79

DECISION - HEARING RELATIVE TO THE TERMINATION
OF RECRUIT OFFICER DONALD JONES.

WHEREAS, on August 23, 1978, Chief of
Police Charles R. Gain terminated Recruit Officer
Donald Jones as a Police Officer of the San Francisco
Police Department for failing to achieve the minimum
acceptable standard for field performance for a per-
son engaged in patrol duties in the San Francisco
Police Department; and

WHEREAS, it was discovered that because
Recruit Officer Donald Jones was under a temporary
appointment and being paid with other than Ad Valor-
em funds, the Chief's Termination Order could not
be final until approved by the Police Commission;
and

849 -

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

AYES: Commissioners Clani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 590-79

PERSONNEL AND TRAINING

The hearing of Police Officer Eddy L.
Castiglioni, Personnel and Training, was called,
it having been set for this date. Officer Eddy
L. Castiglioni was charged with violating the
Rules and Procedures, as follows:

SPECIFICATION NO. 1

Failure to Preserve the Peace,
Prevent Crime, and Enforce Criminal
Laws While Off Duty, (Violation
of Section 2.03 of the Rules and
Procedures of the San Francisco
Police Department.)

SPECIFICATION NO

whereas, a hearing on said termination
or Recruit Officer Donald Jones was heard before
the Police Commission in accordance with Section
3.501 of the Charter of the City and County of
San Francisco on Wednesday, August 15, 1979, Sep-
tember 5, 1979,. September 12, 1979, and on Wednes-
day, October 3, 1979, the matter was submitted to
the Police Commission for decision; and

WHEREAS, the Police Commission finds
that the Chief's Termination Order made and im-
posed upon Recruit Officer Donald Jones is justi-
fied- and proper; therefore be it

RESOLVED, that it is the order of the
Police Commission that the Chief's Termination
Order made and imposed on Recruit Officer Donald
Jones, be, and the same hereby affirmed and approved.

HEARING OF POLICE OFFICER EDDY L. CASTIGLIONI,

Breach of the Peace, Neglect of
Duty, Misconduct, Conduct Tending

- 850 -

to Subvert the Good Order, Effi-
ciency and Discipline of the Depart'
ment, Conduct Prejudicial to the
Efficiency and Discipline of the
Department, and Conduct Reflecting
Discredit on the Department and
Member Thereof. (Violation of
Section 2.13 of the Rules and Pro-
cedures of the San Francisco Police
Department . )

on a properly verified complaint by Charles R
Gain,, Chief of Police of the San Francisco
Police Department.

Police Officer Eddy L. Castiglion|
appeared in person and was represented by Ser-
geant Michael Hebel, Attorney at Law.

Mr. Robert Byrne, Attorney at Law,
appeared as the Prosecutor for the Police
Department .

The reading of the Charges was waived.

Police Officer Eddy L. Castiglioni,
entered through his attorney, a plea of "guilty''
to both specifications.

An opening statement was made by Ser-
geant Michael Hebel, Defense Attorney.

The following-named witnesses were called
by the Defense, sworn and testified:

Police Officer Eddy L. Castiglioni
Personnel and Training

Lieutenant William Koenig
Southern Police Station

Sergeant James Sullivan
Southeast Police Station

Captain Joseph M. Flynn
Taraval Police Station

Mrs. Marsha Castiglioni

Wife, Officer Eddy L. Castiglioni

- 851 -

Mr. Eddy Castiglioni, Sr.

Father, Officer Eddy L. Cautlglioni

The following-named witness was called
by the Prosecution, sworn and testified:

Police Officer John Devine

Special Anrvlfttant to t)m Chief of Poll no

The following Exhibits were entered into
Evidence by the Defense:

Exhibit A - Reporter's Partial Transcript
of Court Proceedings, dated
August 31, 1979, in Superior
Court, Marin County, Hon. Joseph
G. Wilson, Judge, People of
State of California vs. Eddy
L. Castiglioni, Defendant.

Exhibit B - Confidential report to Chief
of Police from Officer John
Devine, re: Alcoholic Abuse
Program.

The Commission then adjourned at 2118
hours, and the matter was continued to Monday, Octo-
ber 8, 1979 at 1600 hours, in Room 551, Hall of Justice

Recess taken during the hear-
ing of Police Officer Eddy L,
Castiglioni:

2005 hours to 2D18 hours.

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

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 591-79

HEARING OF POLICE OFFICER BRUCE BUSHNER, BUREAU OF
COMMUNICATIONS

WHEREAS, the hearing of Police Officer
Bruce Bushner, Bureau of Communications, was called,
it having been set for this date; and

- 852 -

WHEREAS, Commissioner Siggins requested
that Officer Bushner' s disciplinary hearing; be
postponed and re-aohedulod for nni.ohor 8, l'i>7'>,
because of the extensive time utilized in disposing
of previous agenda items; and

WHEREAS, Sergeant Michael Hebel, attorney
for Officer Bushner concurred with Commissioner
Siggins* request that the disciplinary hearing be
postponed until October 8, 1979; therefore be it '

RESOLVED, that the hearing of the dis-
ciplinary charges filed against Police Officer
Bruce Bushner, Bureau of Communications, is , set
for Monday, October 8, 1979 at 5:30 p.m., in Room
551, Hall of Justice.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

REQUESTING APPROVAL ON PROPOSED GENERAL ORDER ON
PHYSICAL FITNESS AND AGILITY STANDARDS - CONTINUED
TO OCTOBER 17, 1979 FOR PUBLIC HEARING.

RESOLUTION NO. 588-79

ACCEPTANCE OF THE CONSENT DECREE UNIT DATED OCTOBER
1, 1979, IN THE MATTER OF THE OFFICERS FOR JUSTICE,
ETAL., VS. CITY AND COUNTY OF SAN FRANCISCO.

RESOLVED, that the Police Commission hereby
acknowledged receipt of the Order establishing the
Consent Decree Unit dated October 1, 1979, in the
matter of the Officers for Justice, et al., vs. City
and County of San Francisco, and consolidated case,"
and will implement the Order as it relates to the
Commission and the Police Department.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

The Commission then adjourned its meeting
at 2240 hours.

ACTING SECRETARY

f*'*G *****

DOCUMENTS DEPT.

NOV 1487*

- 853 -

SAN FRANCISCO
PUBLIC LIBRARY

8 OCTOBER 1979 SPECIAL 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 Monday, October 8, 1979
at 1600 hours > in Special Session.

PRESENT: Commissioners Ciani, Murphy , Sanchez,
Toler, Siggins

Commissioner Siggins presiding,

CONTINUATION OP THE HEARING OF POLICE OFFICER
BRUCE BUSHNER-COMMUNICATIONS DIVISION

The hearing of Police Officer Bruce
Bushner, Communications Division, was called,
it having been continued from the meeting of
August 29, 1979, to this date.

Police Officer Bruce Bushner appeared
in person and was represented by Sergeant Michael

S. Hebel, Attorney at Li

Mr. Lawrence Wilson, Attorney at Law,
appeared as the Prosecutor for the Police De-
partment.

After further discussion, the Commis-
sion determined that Officer Bushner shall un-
dergo a current psychological and physical ex-
amination, and when said evaluation is completed,
the results will be presented to the Commission.

After obtaining Sergeant Hebel and
Officer Bushner* s concurrence, the hearing was
continued off calendar.

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

ABSENT: Commissioner Ciani

- 854 -

CONTINUATION OP THE HEARING OP POLICE OFFICER
EDDY L. CASTIGLIONI. PERSONNEL /INI) TRAINING:.

The matter of the hearing of Police
Officer Eddy L. Castiglioni, Personnel and
Training, was called, it having been continued
from the meeting of Octooer 3, 1979.

Police Officer Eddy L. Castiglioni
appeared in person and was represented by
Sergeant Michael S. Hebel, Attorney at Law.

The following exhibit was entered
into Evidence by the Defense:

Exhibit C - Letter dated October 8,
1979, addressed to Ser-
geant Gerald McNaught<pn,
Acting Secretary, Police
Commission, from Michael
S. Hebel, attaching copy
of Pacific Telephone Multi
message billing for the
residential telephone of
Officer Eddy L. Castiglioni,
for the months of August
and September, 1979.

The Commission took the matter under
submission, after which the following resolu-
tion was adopted:

RESOLUTION NO. 608-79

DECISION - HEARING OF POLICE OFFICER EDDY L.
CASTIGLIONI, PERSONNEL AND TRAINING.

WHEREAS, on March 9, 1979, Charles R
Gain, Chief of Police, made and served charges
against Police Officer Eddy L. Castiglioni, as
follows :

SPECIFICATION NO. 1

a) At all times mentioned herein
the accused was, and now is,
a police officer employed by
the City and County of San
Francisco. On March 5> 1979
the accused's peace officer
status was suspended by the
Chief of Police;

- 8r.r". -

b) On March Jjj 1979, at approxiJ-

iiic accused,

mately JJ:;n a.m.
while off duty, e
dlse Video Store,
dlse Drive, Corte
fornia, during a
premises were uno
open to business,
the consent of th

ntered the Para-
5627 "D" Para-
Madera, Cali-

time when said

ccupied and not
and without

e owners thereof:

The accused removed from said,
premises two video tape recorders
and several video tape cassettes
which were the property of s^id
store, and placed them in hi£
vehicle;

lp-

Thereafter, the accused was ap
prehended by the Corte Madera
Police Department;

e) By reason of said conduct, tlie
accused violated Section 2.03
of the Rules and Procedures of
the San Francisco Police Depart-
ment which states:

"2.03 - Shall at all times while on
duty preserve' the peace, prevent
crime, detect and arrest offenders
and enforce all criminal laws, penal
ordinances and all laws and ordinances
regulating vehicular and pedestrian
traffic and travel upon public high-
ways. While off duty, a member, shall
take all reasonable steps consistent
with Rule 7.12 to preserve the peace,
prevent crime, detect and arrest of-
fenders and enforce all criminal laws,
penal ordinances and all laws and or-
dinances regulating vehicular and ped-
estrian traffic and travel upon public
highways . "

SPECIFICATION NO. 2

a) Each and every allegation of paragraphs
(a) through (d) of Specification No. 1
is referred to and incorporated herein
by such reference as if each such alle-
gation was fully stated:

b) Said conduct of the accused consti-

titued a breach of the peace, neglect

- 856 -

of duty, and misconduct, tended
to subvert the good order , effi-
ciency and discipline of the de-
partment, was prejudicial to the
efficiency and discipline of the
department, and reflected dis-
credit upon the department and
a member thereof, and therefore
the accused violated Section 2.13
of the Rules and Procedures of
the San Francisco Police Depart-
ment which states:

"2.13 - Any breach of the peace, neg-
lect of duty, misconduct or any con-
duct on the part of any member either
within or without the state which
tends to subvert the good order,
efficiency and discipline of the
department or which reflects dis-
credit upon the department or any
member thereof or that is prejudi-
cial to the efficiency and disci-
pline of the department, though such
offenses are not specifically defined
or laid down in these Rules and Pro-
cedures shall be considered unofficer-
like conduct triable and punishable
by the Board."

and

WHEREAS, a hearing on said charges was
had before the Police Commission pursuant to Sec-
tion 8.343 of the Charter of the City and County
of San Francisco on Wednesday, October 3, 1979,
and that on Monday, October 8, 1979, the matter
was submitted to the Police Commission for de-
and

WHEREAS, the Police Commission finds
that the said charges made and filed against
Police Officer Eddy L. Castiglioni, Personnel
and Training, as contained in Specification No.
1, Section 2.03, and Specification No. 2, Section
2.13, are sustained by the evidence presented at
the hearing, and that Police Officer Eddy L. Casti-
glioni has violated 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 Eddy L.
Castiglioni, has violated Specification No. 1,
Section 2.03, and Specification No. 2, Section
2.13, of the Rules and Procedures of the San
Francisco Police Department, and for said vio-
lation he shall be dismissed from the San Fran-
cisco Police Department; and be it further

- 857 -

RESOLVED, that said dismissal, effec-
tive Qdtober 8, 1979 at 1830 hours* bo, and the
same is hereby affirmed and approved.

(The entire proceedings were
taken in shorthand form by
Hearing Reporter Linda Pransky,
C . S . R . )

AYES: Commissioners Murphy, Toler, Siggins
NAYS: Commissioner Sanchez
ABSENT: Commissioner Ciani

CONTINUATION OP THE HEARING OP POLICE OFFICER
MICHAEL KELLY, VICE CRIMES DIVISION

The matter of the hearing of Police
Officer Michael Kelly, Vice Crimes Division, was
called, it having been continued from the meeting
of September 27, 1979-

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

Mr. Lawrence Wilson, Attorney at Law,
appeared as the Prosecutor for the Police Depart-
ment .

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

Catherine Stevens
2238 Channing Way
Berkeley, California

Lelia Benson

732 Peralta

San Francisco, California

Police Officer Kelvin Woo
Richmond Police Station

The Commission then adjourned at 2115 hours,
and the matter was continued to Monday, October 15,

- 858 -

L979 -'it 1815 hours, Ln Room 551, Hail of Justic

(The entire proceedings were taken
in shorthand form by Hearing Re-
porter Linda Pransky, C.S.R.)

AYES: Commissioners Clanl, Murphy, Sanchez *
Toler, Siggins

CONTINUATION OF THE HEARING OP POLICE OFFICER
DANIEL MARR, BUREAU OF COMMUNICATIONS.

The matter of the hearing of Police
Officer Daniel Marr, Bureau of Communications,
was called, it having been continued from the
meeting of September 27, 1979.

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

Mr. Lawrence Wilson, Attorney at
Lav;, appeared as the Prosecutor for the Police
Department .

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

Catherine Stevens
22 38 Channing Way
Berkeley, California

Lelia Benson

732 Peralta

San Francisco, California

Police Officer Kelvin Woo
Richmond Police Station

The Commission then adjourned at 2115
hours, and the matter was continued to Monday,
October 15, 1979 at 1815 hours, in Room 551,
Hall of Justice.

- 859 -

(The entire proceedings wore
i .ikon in fehorthand Co cm by
Hearing Reporter Linda Pransky,
C.S.R. )

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

The Commission then adjourned its meeting
at 2115 hours.

ING SECRETARY f~

ACTING

to tn . «Mfr

- 860 -

in OCTOBER "l^q

DOCUMENTS DEPT.

NOV 1 4 1979

SAN FRANCISCO
PUBLIC, LIBRARY

JEF

The Police Commission did not hold its
meeting on this date.

ACTING SECRETARY if

r*Ofl rtV3V< *

f ij, . -* 8 6 1 —

kfa

Vj OCTOBER I 'J 7 9 SPECIAL MEETING

DOCUMENTS DEPT.

NOV 1 41979

SAN FRANCISCO
PUBLIC LIBRARY

This Special Meeting of tha-Police
Commission was cancelled by the
President of the Police Commission,
Richard J. Siggins .

iOLc^u^i

A OT ING SEC RET ARY y •*>* •>

■ i ;■ . ft '

DOCUMENTS OEPT.

- 862 -

HOV 1 4 1979

SAN .FRANCISCO
PUBLIC LIBRARY

17 OCTOBER 1979 REGULAR MEETING

The^-Police Commission of the City
and County of^an Francisco met in their
chambers, Room 551, Hall of Justice, 850
Bryant Street, on Wednesday, October 17,
1979 at 1730 hours, in regular session.

PRESENT: Commissioners Clani, Murphy, Sanchez
ABSENT: Commissioners Toler, Siggins

Commissioner Ciani presiding.

RECOMMENDATION OF THE TRAFFIC BUREAU - APPROVED
2890 LAGUNA STREET - ELIGANT BLOCK - HELD OVER

RESOLVED, that the recommendation 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:

APPROXIMATELY 131 LENOX - MUNI CENTRAL CONTROL

a) At approximately 131 Lenox, install

a 44' green zone, extending from entry
of entrance 22' north and 22' south of
same .

l8l4 CLEMENT STREET - JOHN'S RESTAURANT

a) At l8l4 Clement Street, install a 44'
white zone, extending from west pro-
perty line 44' east of same.

1798-39th AVENUE - A & A LIQUORS

a) At 1798-39th Avenue, install a 45'
yellow zone, extending from south
property line 45' north of same.

1798-39th AVENUE - A & A LIQUORS - REVOKED

a) At 1798-39th Avenue, revoke existing
45' green zone, extending from south
property line 45' north of same.

- 863 -

199 GEARY STREET - S.P.P.D.

a) At 199 Geary Street, revoke existing
88' Special Truck Loading Zone from
36' to 124* east of Stockton Street.

155 GEARY STREET - S.P.P.D.

a) At 155 Geary Street, revoke existing
66' Special Truck Loading Zone, ex-
. tending from 10' to 76' west of east
line of 139 Geary Street. STLZ 7 AM
to 1PM. Meters GEA 119, 121, 123-

133 GEARY STREET - S.P.P.D,

a) At 133 Ge'ary Street, revoke existing
22' white zone, extending from 9' to
31' west of east building line.

1982-90 OCEAN AVENUE - S.F.P.D.

a) At 1982-90 Ocean Avenue, revoke exist-
ing 33' yellow zone, extending from 7'
to 40' west of east building line.

1202 GUERRERO STREET & 3599 -24th STREET -HELD OVER

Mr. Salim Qamar of the 24th & Guerrero Market,
addressed the Commission re: his problems and
requests for a yellow and green zones. HELD
OVER.

AYES:

Commissioners Ciani, Murphy, Sanchez

NOT VOTING:

Commissioners Toler, Siggins

REVOKED

RESOLVED, that the recommendation of
the Traffic Bureau on the revocation of 254 feet
of green, yellow and white zones, at the parts of
the City, at the locations submitted, be, and the
same are hereby approved.

AYES: Commissioners Ciani, Murphy, Sanchez,

NOT VOTING: Commissioners Toler, Siggins

- 864 -

RESOLUTION NO. 594-79

WILLIAM C. SAGER

RESOLVED, that the recommendation
of the City Attorney for settlement of the
claim of William C. Sager against the City
and County of San Francisco in the sum of
$130.10 as the result of a collision with
a police vehicle, be, and the same is hereby
approved.

Date of Accident: August 2, 1979

AYES: Commissioners Ciani, Murphy ,
Sanchez

NOT VOTING:

Commissioners Toler,
Siggins

RESOLUTION NO. 595-79

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of Raymond Jang and Herbert Jang against the
City and County of San Francisco in the sum of
$51.22 as the result of damages sustained, be,
and the same is hereby approved.

Date of Incident: July 16, 1979

AYES: Commissioners Ciani, Murphy,
Sanchez

NOT VOTING: Commissioners Toler,
Siggins

RESOLUTION NO. 596-79

TOWN OF SAN ANSELMO

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of the Town of San Anselmo against the City
and County of San Francisco in the sum of

- 865 -

$213.^7 as the result of a collision with
:j police vehicle, be, and the same Is here-
by approved.

Date of Accident: August 15, 1979

AYES: Commissioners Ciani, Murphy,

Sanohj z

NOT VOTING: Commissioners Toler,
Siggins

RESOLUTION NO. 597-79

FALCON ASSOCIATES

RESOLVED, that the recommendation
of the Gity Attorney for settlement of the
claim of the Falcon Associates against the
City and County of San Francisco in the sum
of $209.95 as the result of a collision with
a police vehicle, be, and the same is hereby
approved.

Date of Accident: August 16', 1979

AYES: Commissioners Ciani, Murphy,
Sanchez

NOT VOTING: Commissioners Toler,
Siggins

RESOLUTION NO. 598-79

VALERIE ROY-KUSKULIS

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of Valerie Roy-Kuskulis against the City and
County of San Francisco in the sum of $82.50
as the result of a faulty tow, be, and the same
is hereby approved.

Date of Incident: July 21, 1979

AYES: Commissioners Ciani, Murphy,
Sanchez

NOT VOTING: Commissioners Toler,
Siggins

- 866 -

RESOLUTION NO. 599-79
JOHNSON N. WARRINGTON

RESOLVED, that the recommendation
of the City Attorney for settlement of lit-
igation of Johnson N. Warrington in the sum
of $29.50 In Small Claims Court Action No.
364-002 entitled "Johnson N. Warrington vs.
City and County of San Francisco, et al.,"
as the result of a faulty tow, be, and the
same, is hereby approved.

Date of Incident: May 15, 1979

AYES: Commissioners Ciani, Murphy,
Sanchez

NOT VOTING: Commissioners Toler,
Siggins

RESOLUTION NO. 607-79
ROBERT BIENSTOCK

RESOLVED, that the recommendation
of the City Attorney for settlement of the
claim of Robert Bienstock against the City
and County of San Francisco in the sum of
$30.50 as the result of a faulty tow, be,
and the same is hereby approved.

Date of Incident: July 23, 1979

AYES: Commissioners Ciani, Murphy,
Sanchez

NOT VOTING: Commissioners Toler,

Siggins

RESOLUTION NO. 609-79

DARLENE DAGNINO

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of Darlene Dagnino against the City and County

- 867 -

of San Francisco in the sum of $^14.00 as the
reault of a oollislon with a police vhlole,
be, and the same is hereby approved.

Date of Accident: August 9, 1979

AYES: Commissioners Ciani, Murphy,
San chef,

NOT VOTING: Commissioners Toler,
Siggins

RESOLUTION NO. 610-79

JOVANA RUDISILL

RESOLVED, that the recommendation
of the City Attorney for settlement of the
claim of Jovana Rudisill against the City and
County of San Francisco in the sum of $26.50
as the result of a faulty tow, be, and the
same is hereby approved.

Date of Incident: May 'I, 1979

AYES: Commissioners Ciani, Murphy,
Sanchez

NOT VOTING: Commissioners Toler,
Siggins

RESOLUTION NO. 600-79

POLICE NARCOTIC FUND - APPROVED

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 $6,000.00 charging same to Firm
No. 355081 2010 133 01 as an advance on the
Police Narcotic Fund for the month of October,
1979.

AYES: Commissioners Ciani, Murphy,
Sanchez

NOT VOTING: Commissioners Toler,
Siggins

- 868 -

RESOLUTION NO. 601-7r:>

POLICE CONTINGENT FUND - APPROVED

RESOLVED, that the Controller be,
and he is hereby requested to draw a voucher
in favor of Chief of Police Charles R. Gain
in tho amount of $'i,ono.nn charging name to
Firm No. 355081 2010 132 01 an an advance on
the Police Contingent Fund for the month of
October, 1979.

AYES: Commissioners Ciani, Murphy,
Sanchez

NOT VOTING: Commissioners Toler,
Siggins

RESOLUTION NO. 602-79

AUTHORIZING ATTENDANCE OF LIEUTENANT RICHARD D.
KLAPP AND SERGEANT MICHAEL S. HEBEL, PERSONNEL
AND TRAINING, AT THE COMMISSION ON PEACE OFFICER
STANDARDS AND TRAINING QUARTERLY MEETING AT SAC-
RAMENTO, CALIFORNIA, FROM OCTOBER 25, 1979 TO
OCTOBER 26, 1979, INCLUSIVE.'

RESOLVED, that the recommendation of
the Chief of Police that Lieutenant Richard D.
Klapp and Sergeant Michael S. Hebel, Personnel
and Training, be detailed to attend the Commission
on Peace Officer Standards and Training Quarterly
Meeting in Sacramento, California, from October
25, 1979 to October 26, 1979, inclusive, be, and
the same is hereby approved; and be it further

RESOLVED, that the expenses incurred
by Lieutenant Richard D. Klapp and Sergeant
Michael S. Hebel, Personnel and Training, in a
sum not to exceed $92.00 each, will be defrayed
by the San Francisco Police Department's Police
Officers' Training Fund.

AYES: Commissioners Ciani, Murphy,
Sanchez

NOT VOTING:

Commissioners Toler,
Siggins

- 869 -

RESOLUTION NO. 60?-7<i

TRAVELING EXPENSE VOUCHERS - APPROVED

RESOLVED, that the Traveling Expense
Vouchers submitted by the following-named mem-
bers of the Police Department for expenses in-
curred in attending the below-indicated program,
be, and the same are hereby approved:

Lieutenant Timothy

Thorsen
Crime Prevention and

Education Unit

Lieutenant Kevin Conroy,
Park Police Station

$636.00 (At the Middle-
each (management Train-
ing Course at Costa
(Mesa, California,
(from August 20,
(1979 to August 31,
(1979, inclusive.

AYES: Commissioners Ciani, Murphy,
Sanchez

NOT VOTING: Commissioners Toler,
Siggins

RESOLUTION NO . 604-79

TRAVELING EXPENSE VOUCHERS - APPROVED

Sergeant Ronald L. Jackson
Crime Specific Task Force

Sergeant Victor Wode
Personnel & Training

Sergeant James Hall
Northern Police Station

Police Officer John R.

Hennesey
Crime Specific Task Force

$207.00 (At the Chemical
each (Agents Instruc-
tor's Course at
(Stockton, Cal-
(ifornia, from
(September 11,
(1979 to September
(13, 1979, inclu-
sive .

AYES:
NOT VOTI

Commissioners Ciani, Murphy,
Sanchez

Commissioners Toler,
Siggins

870 -

RESOLUTION NO. 605-79

AUTHORIZING ATTENDANCE OF LIEUTENANT JOHN
JORDAN AND INSPECTOR ORA GUINTHER, INVESTI-
GATIONS, AT THE NATIONAL HOMICIDE SYMPOSIUM
AT SAN DIEGO, CALIFORNIA, FROM OCTOBER 22,
1979 TO OTCTOBER 26, 1979, INCLUSIVE.

RESOLVED, that the recommendation
of the Chief of Police that Lieutenant John
Jordan and Inspector Ora Guinther, Investi-
gations, be detailed to attend the National
Homicide Symposium at San Diego, California,
from October 22, 1979 to October 26, 1979,
inclusive, be, and the same is hereby approved;
and be it further

RESOLVED, that the expenses in-
curred by Lieutenant John Jordan and In-
spector Ora Guinther, Investigations, in a
sum not to exceed $490.50 each, will be de-
frayed by the San Francisco Police Depart-
ment's Police Officers' Training Fund.

AYES: Commissioners Ciani, Murphy,
Sanchez

NOT VOTING: Commissioners Toler,
Siggins

RESOLUTION NO. 606-79

AUTHORIZING ATTENDANCE OF ASSISTANT INSPECTOR
ISIAH NELSON III, INTELLIGENCE UNIT, AT A SEM-
INAR ON OUTLAW MOTORCYCLE GANGS, AT SACRAMENTO,
CALIFORNIA, FROM OCTOBER 23, 1979 TO OCTOBER
26, 1979, INCLUSIVE.

RESOLVED, that the recommendation of
the Chief of Police that Assistant Inspector
Isiah Nelson, III, Intelligence Unit, be de-
tailed to attend a Seminar on Outlaw Motorcycle
Gangs, at Sacramento, California, from October
23, 1979 to October 26, 1979, inclusive, be,
and the same is hereby approved; and be it
further

RESOLVED, that the expenses incurred
by Assistant Inspector Isiah Nelson, III, In-
telligence Unit, in a sum not to exceed $218.00
each, will be defrayed by the San Francisco
Police Department's Police Officers' Training
Fund.

AYES: Commissioners Ciani, Murphy,
Sanchez

NOT VOTING: Commissioners Toler, Siggins

- 871 -

CHIEF'S REPORT TO THE POLICE COMMISSION

Chief Gain: "No report tonight Commissioners

Commissioner Murphy ; "I have a question for
the Chief. I saw in the paper that the Mayor
has ordered our officers onto the Muni busses
flow Ire we going to arrange that?"

Chief Gain: "It's already done. We have as-
signed 15 police officers to the busses as of
last Wednesday. We took officers from various
units and assigned them to busses because of
the problems there."

Commissioner Murphy: "How many do we have nor-
mally on street patrol?"

Chief Gain: "You mean on foot patrol?"
Commissioner Murphy: "Yes, foot patrol."

Chief Gain: "Well, I don't have it. I don't
have a status report in front of me. Do you
get a copy of the vacancy status report we
put out every week?"

Commissioner Murphy: "No

Chief Gain: "Okay, let me report those precise
figures next week."

Commissioner Murphy: "I want to know how many
we have in patrol cars too. It seems to me we
are always borrowing from patrol units to do
something else."

Chief Gain: "No, we do just the opposite. What
we do is we try to keep constant the number of
officers on patrol."

Commissioner Sanchez: "I want to share a con-
cern that a number of teenagers and some school
people on the picket line and inside the schools
have stressed, especially in the high schools.
The Youth Services officers in the past have really
played a key roll in defusing situations. We are
going on to the longest strike in San Francisco
history and tempers are getting very, very short,

- 872 -

including fires, tires, etc., and many of the
administrators have voiced an opinion that if
at all possible that officers of the Youth Ser-
vice^ familiar faces that were there before
could be there, they could help defuse potential
or dangerous situations . I hope we would take
a look at that again and put our needs where
these are involved in preventive rather than
having situations occur that could have been
defused because nf the expertise of our men
and women . "

Chief Gain: "We have assigned officers, Youth
Services Division, and District Station person-
nel to the problem areas and general observation
of all high schools as of Monday, we re-evaluated
that again. There was an incident Monday morn-
ing at Washington High. We made sure officers
are assigned. To my knowledge they are being
assigned adequately. We are very sensitive about
that as in any labor-management dispute to make
sure that people can have ingress and egress to
maintain the peace. We are on top of that-really . "

Commissioner Sanchez: "Chief, if by chance you
might review that again to make sure that it is
happening again today."

RESOLUTION NO. 6l6-79

REQUESTING APPROVAL OF DIVISIONAL GENERAL ORDER
ON PERSONAL HISTORY INVESTIGATIONS

RESOLVED, that the Police Commission
hereby accepts the Division General Order on
Personal History Investigations.

(Copy on file in Officer
of the Police Commission)

AYES: Commissioners Ciani, Murphy,
Sanchez

NOT VOTING: Commissioners Toler,
SIggins

RESOLUTION NO. 611-79

REQUEST FOR A SUPPLEMENTAL APPROPRIATION TO FUND
THE DESIGN AND CONSTRUCTION OF SHOWERS AT THE
NEW ACADEMY

RESOLVED, that the Police Commission

- 873 -

hereby approves the Request for a Supplemental
Appropriation which will fund the design and
construction of shower facilities at the new
Academy at Fremont School in the amount of
$135,580.

AYES: Commissioners Ciani, Murphy,
Sanchez

NOT VOTING: Commissioners Toler,
Siggins

RESOLUTION NO. 612-79

REQUEST FOR A SUPPLEMENTAL RE-APPROPRIATION TO
FUND EXTENDED WORK WEEK PROGRAM AND ADDITIONAL
OVERTIME .

RESOLVED, that the Police Commission
hereby approves a request for a Supplemental
Re-Appropriation in the amount of $914,650.00
which will be used to provide funds for the
overtime account and the Extended Work Week
Program.

AYES: Commissioners Ciani, Murphy,
Sanchez

NOT VOTING: Commissioners Toler,
Siggins

RESOLUTION NO. 613-79

SETTING OF THE DATE FOR THE HEARING OF LIEUTENANT
RICHARD WILLETT, TRAFFIC BUREAU, HIT AND RUN DETAIL

WHEREAS, the setting of the date for
the hearing of the disciplinary charges filed
against Lieutenant Richard Willett, Traffic Bur-
eau, Hit and Run Detail, was called; and

WHEREAS, it was requested by the
Police Commission that Lieutenant Willett' s
disciplinary charges be set for January 9> 1980;
therefore be it

RESOLVED, that the hearing of the dis-
ciplinary charges filed against Lieutenant Richard

- 87^ -

Wlllett is set for Wednesday, January 9, 1980
at 5:30 p.m., in Room 551, Hall of Justice.

AYES: Commissioners Ciani, Murphy,
Sanchez

NOT VOTING: Commissioners Toler,
Siggins

RESOLUTION NO. 6l4-79

REQUESTING APPROVAL OP PROPOSED GENERAL ORDER
ON PHYSICAL FITNESS AND AGILITY STANDARDS.

RESOLVED, that the Police Commission
hereby adopts the Proposed General Order on;
Physical Fitness and Agility Standards.

(Copy on file in the Office
of the Police Commission.)

AYES: Commissioners Ciani, Murphy,
Sanchez

NOT VOTING: Commissioners Toler,
Siggins

RESOLUTION NO. 615-79

REQUEST OF POLICE OFFICER PATRICK J. WHITE,
MISSION POLICE STATION, TO APPEAL TWO (2)
WORKING DAYS' SUSPENSION - APPROVED

WHEREAS, a communication was received
from Charles R. Gain, Chief of Police, officially
notifying the Police Commission of the suspension
of Police Officer Patrick J. White, Mission Police
Station, for a period of two (2) working days, com-
mencing at 0001 hours October 4, 1979 and terminat-
ing at 2400 hours, October 5, 1979, for permitting
a prisoner to escape; and

WHEREAS, a communication was received
from Police Officer Patrick J. White, Mission
Police Station, requesting a hearing before the
Police Commission in accordance with Section 3-06
of the Rules and Procedures of the San Francisco
Police Department, to appeal the disciplinary

- 875 -

suspension for a period of two (?) working days
by Charles R. Gain, Chief of Police; therefore
be it

RESOLVED, that the request of Police
Officer Patrick J. White, Mission Police Station,
for a hearing before the Police Commission to
appeal his suspension by Chief of Police Charles
R. Gain for a period of two (2) working days com- .
mencing at 0001 hours, October kt 1979 and tormina t
ing at 2*100 hours, October 5, 1979, be, and the
same is hereby set for Wednesday, October 24,
1979 at 1730 hours, in Room 551, Hall of Justice.

AYES: Commissioners Ciani, Murphy,
Sanchez

NOT VOTING: Commissioners Toler,
Siggins

The Commission thpn adjourned its meeting
at 1815 hours.

ACTING SECRETARY ^ "

876 -

24 OCTOBER 1979 REGULAR MEETING

Thfe^Police Commission of the City
and County of^-San Francisco, met in their
chambers, Room 551, Hall of Justice, 850
Bryant Street, on Wednesday, October 24, 1979,
at 1730 hours in regular session.

PRESENT: Commissioners Murphy, Toler, Siggins

ABSENT: Commissioners Ciani, Sanchez pOCUMENTS DEPT.

„ < ... NOV 2 6 1979

Commissioner Siggins presiding.

SAN FRANCISCO
PUBLIC LIBRARY

RECOMMENDATION OP THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendation 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:

2890 LAGUNA STREET - ELIGANT BLOCK

Mr. Herbert appeared for the' Eligant Block and
spoke revelant to the issue of the yellow zone,

a) At 2890 Laguna Street, install a 22'
yellow zone, extending from 3' to 25'
south of north building line.

b) Remove meter LAG 2830

1202 GUERRERO STREET - 24th & GUERRERO MARKET

DENIED

a) At 1202 Guerrero Street, install a 22'

green zone, extending from north property
line 22' south of same. DENIED.

3599-24th STREET - 24th STREET & GUERRERO MARKET

DENIED

a) At 3599 * 24th Street, install a

22' yellow zone, extending from west
property line 22' east of same. DENIED.

T93<J er^3Mu:,oa

HA«1 Hi
^BUH 001909

- 077

,232 5 OCEAN AVENUE - 2325 OCEAN MEDICAL OFFICE

a) At 2325 Ocean' Avenue, install a 36'

white zone, between crosswalks opposite
Santa Ana.

3101 SACRAMENTO STREET - AMERICAN PIE

a) At 3101 Sacramento Street, install a
44' green zone, extending from east
property line 44' west of same.

3351-23rd STREET - HORCE MANN JUNIOR HIGH SCHOOL

a) At 3351-23rd Street, install a 44'
white zone, to be extended through
meters #3339 and 3341.

b) Sign on meter "School Bus Zone 8 A.M.
to 9 A.M. - 2:30 P.M. to 3:30 P.M.

35 SPEAR STREET - GIFTS BY MONIQUE

a) At 35 Spear Street, install an 8"

yellow zone, parallel parking at meter
#23 which will be removed.

4190 MISSION STREET - SOUTHEAST MENTAL HEALTH CENTER

a) At 4190 Mission Street, install a 20'

white zone, extending from south property
line 20' north to crosswalk.

4190 MISSION STREET - SOUTHEAST MENTAL HEALTH

a) At 4190 Mission Street, install a 20'

yellow zone, extending from north property
line 20' south to crosswalk.

4l03-26th STREET - J. EUGENE MCATEER HIGH SCHOOL

a) At 4l03-26th Street, install a 150'

white zone, extending from Noe Street
150* west of same.

2900 BRYANT STREET - GOLDEN BAY COMMERCIAL APPLIANCE

a) At 2900 Bryant Street, install a 22 »

yellow zone, extending from north pro-
perty line 22' south of same.

- 878 -

155 PELL STREET - SNAZELLE FILMS

a) At 155 Pell Street, install a 44'
yellow zone, extending from 5' to
49' east of west property line.

b) Meters PEL 125 & 123 to be removed,

2460 SUTTER STREET - RUSSIAN CENTER

a) . At 2400 Sutter Street, install a 22'
yellow zone, extending from 29' to
51' east of west property line.

Revoke existing 22' white zone,
extending from 29' to 51' east of
west property line.

2 BOSWORTH - INTERNATIONAL REALTY & GOLDEN
GATE TERMITE - DENIED

a) At 2 Bosworth Street, install a 22*
green zone, extending from 6' to 28'
west of east property line. DENIED.

2 BOSWORTH STREET - DIODATI CONSTRUCTION -REVOKED

a) At 2 Bosworth Street, revoke existing
44' yellow zone, extending from 6' to
50' west of east property line.

2236 VAN NESS AVENUE - S.P.P.D. - REVOKED

a) At 2236 Van Ness Avenue, revoke existing
21' green zone, extending 21' south of
north line of building.

386 EDDY STREET - S.F.P.D. - REVOKED

a) At 386 Eddy Street, revoke existing 21'
yellow zone, extending from 9' to 30'
east of Leavenworth Street .

2549 CLAY STREET - S.F.P.D. - REVOKED

a) At 2549 Clay Street, revoke existing 25'
yellow zone, extending 25' east of west
property line.

- 8yy -

112 SAGAMORE - S.F.P.D. - REVOKED

a) At 112 Sagamore, revoke existing 33'
green zone, extending from 27' to 60'
west of east property line.

AYES: Commissioners Murphy, Toler, Siggins
NOT VOTING: Commissioners Ciani, Sanchez

REVOKED

RESOLVED, that the recommendation of
the Traffic Bureau on the revocation of 166 feet
of white, yellow and green zones, at the parts of
the City, at the locations submitted, be, and the
same are hereby approved.

AYES: Commissioners Murphy, Toler, Siggins
NOT VOTING: Commissioners Ciani, Sanchez

RESOLUTION NO. 617-79
KEITH SILVA

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of Keith Silva against the City and County of
San Francisco in the sum of $30.00 as the result
of a faulty tow, be, and the same is hereby ap-
proved.

Date of Incident: September 14, 1979

AYES: Commissioners Murphy, Toler, Siggins

NOT VOTING: Commissioners Ciani, Sanchez

RESOLUTION NO. 618-79

JAMES MONROE

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim of
James Monroe against the City and County of San

- 880 -

Francisco in the sum of $23.00 as the result
of a faulty tow, be, and the same is hereby
approved.

Date of Incident: July 24, 25 and 27, 1978

AYES: Commissioners Murphy, Toler, Siggins
NOT VOTING: Commissioners Ciani, Sanchez

RESOLUTION NO. 619-79
RAY A. SCHULER

RESOLVED, that the recommendation , of
of the City Attorney for settlement of the claim
of Ray A. Schuler against the City and County
of San Francisco in the sum of $1,749.83 as the
result of a collision with a police vehicle, be,
and the same is hereby approved.

Date of Accident: -September 19, 1979

AYES: Commissioners Murphy, Toler, Siggins
NOT VOTING: Commissioners Ciani, Sanchez

RESOLUTION NO. 6 2 0- 7 9

TRAVEL EXPENSE VOUCHER - APPROVED

RESOLVED, that the Travel Expense Voucher
submitted by the following-named member of the
Police Department for expenses incurred in attend-
ing the below-indicated program, be, and the same
is hereby approved:

Assistant Inspector Isiah) $67.50 (Specialized Sur-
Nelson III ) (veillance Equip-

Intelligence Unit ) (ment Training

(Course, Redwood
(City, California,
(from September
(17,1979 to Septem-
ber 21, 1979, in-
clusive .

AYES: Commissioners Murphy, Toler, Siggins
NOT VOTING: Commissioners Ciani, Sanchez

- 881-

RESOLUTION NO. 621-79

TRAVELING EXPENSE VOUCHER - APPROVED

RESOLVED, that the Traveling Expense
Voucher submitted by the following^-named members
of the Police Department for expense Incurred In
attending the below-indicated program, be, and
the same is hereby approved:

Sergeant Robert Hankins,

Sergeant Julian Landman,

Police Officer

Crime Specific

Brian D'Arcy
Robert Del Torre,
Henry Hunter,
Jeremiah Morgan.
Task Force

)$l,567.50

(Advanced

(Special Wea-

(pons and Tac--

(tics Training

(Course, Santa

(Rosa, Califor-

nia, from Sep--

(tember 17, 1979

(to September

(21, 1979, in -

(elusive .

AYES: Commissioners Murphy, Toler, Siggins
NOT VOTING: Commissioners Ciani, Sanchez

The Commissioners, having received,
amended and returned copies of the minutes of
the meetings of September 5, 1979, September
10, 1979, September 12, 1979 and September 19,
1979, reading of same was dispensed with and
the minutes were approved.

AYES: Commissioners Murphy, Toler, Siggins
NOT VOTING: Commissioners Ciani, Sanchez

CHIEF'S REPORT TO THE POLICE COMMISSION
Chief Gain: "I have no report."
Commissioner Siggins: "Any questions?"

Commissioner Murphy: "Yes. I was called by a
woman, Mrs. Gilford, of the Catholic Social Service,
and they have a Committee on Aging which is very

- 882 -

concerned about parking across the sidewalk where
blind, disabled people, and particularly very old
people encounter this hazard. Mrs. Gilford had
talked to the Commission on Aging and some of the
members proposed they be allowed to give out tic-
kets for these violations. I said that I don't
believe they would be allowed to give out tickets
They might be able to put out warnings and keep
a carbon copy and turn these over to the Police
Department. The Commission on Aging has prepared
a resolution re illegal parking that they asked
me to bring to the Commission.

'RESOLUTION TO STOP ILLEGAL PARKING

Wheraa; . Sidewalk Parking is a violation of State
and City Traffic Codes, and,

Wheras: Sidewalk Parking endangers the Elderly,
the Blind and the Disabled, and,

Wheras: The Police Department claims a lack of
manpower to enforce this ordinance due
to the increase in serious crime, There-
fore be it,

Resolved: That the Advisory Council of the Commission
on Aging request a study of the employment
of Senior Citizens to place citations on
all illegaly parked vehicles.

Respectfully submitted,

s/ Hugh M. Bell

Hugh M. Bell

Member of Advisory Council

District 11

approved by the Advisory Council of the Commission
on Aging at the meeting held September 26, 1979.
Referred to Program Planning, Development and Budget
Committee for study and report at Special Meeting
of the Commission on Aging October 3, 1979.'

Will you please look into this situation
and see if we could develop a plan where warnings
might be given out?"

Commissioner Siggins : "What about the Mayor's letter
to us where she went through the total sniper bit
and was very proud of the department and she wants
us to do something?"

Chief Gain: "That is already in the process now."

Commissioner Siggins: "Some people will be singled
out. What about the work of the entire department?"

- 883 -

Chief Gain: "Let's look for something more speci-
fic and we'll get back to the Commission next week."

Commissioner Siggins: "I wonder if the department
thanked the Red Cross for bringing the food, etc?"

Chief Gain: "That has gone out already."

Commissioner Murphy: "We were suppose to get a
plan, and I'm not nagging you about this, on
the Community Relations functions."

Chief Gain: "That wasn't due until November and
it will be before the Commission next week."

RESOLUTION NO. 624-79

HEARING OF APPEAL OF SUSPENSION WITHOUT PAY OF
POLICE OFFICER PATRICK J. WHITE, MISSION POLICE
STATION, CONTINUED TO NOVEMBER 28, 1979.

WHEREAS, the hearing of the appeal of
suspension of Fuliee Officer Patrick J. White,
Mission Police Station, was called, it having
been set for this date; and

WHEREAS, because of the absence of a
Police Commission quorum at the time the hearing
was called, the matter was continued to November
28, 1979; therefore be it

RESOLVED, that the hearing of the appeal
of the disciplinary suspension filed against Police
Officer Patrick J. White, Mission Police Station,
is continued to Wednesday, November 28, 1979 at
1730 hours, in Room 551, Hall of Justice.

AYES: Commissioners Murphy, Toler, Siggins
NOT VOTING: Commissioners Ciani, Sanchez

RESOLUTION NO. '622-79

SETTING OF THE DATE FOR THE HEARING OF POLICE
OFFICER DENNIS L. MC CAFFREY, NORTHERN POLICE
STATION

WHEREAS, the setting of the date for

- 884 -

the hearing of the disciplinary charges filed
against Police Officer Dennis L. McCaffrey,
Northern Police Station, was called; and

WHEREAS, it was requested that Officer
McCaffrey's disciplinary charges before the
Police Commission be tentatively set for either
November 21, 1979 or November 28, 1979; there-
fore be it

RESOLVED, that the hearing of the dis-
ciplinary charges filed against Police Officer
Dennis L. McCaffrey, is tentatively set for
either Wednesday, November 21, 1979, or Wednesday,
November 28, 1979, at 5:30 p.m., in Room 551, Hall
of Justice.

AYES: Commissioners Murphy, Toler, Siggins
NOT VOTING: Commissioners Ciani, Sanchez

■

RESOLUTION NO. 623-79

SETTING OF THE DATE FOR THE HEARING OF POLICE
OFFICER ANDREW W. CITIZEN, SOUTHERN POLICE
STATION

WHEREAS, the setting of the date for
the hearing of disciplinary charges filed against
Police Officer Andrew W. Citizen, Southern Police
Station, was called; and

WHEREAS, it was requested that Officer
Citizen's disciplinary charges before the Police
Commission be tentatively set for either November
21, 1979 or November 28, 1979; therefore be it

RESOLVED, that the hearing of the dis-
ciplinary charges filed against Police Officer
Andrew W. Citizen, is tentatively set for either
Wednesday, November 21, 1979 or Wednesday, Novem-
ber 28, 1979, at 5:30 p.m. in Room 551, Hall of
Justice .

AYES: Commissioners Murphy, Toler, Siggins

NOT VOTING: Commissioners Ciani, Sanchez

The Commission then adjourned its meeting
at 1840 hours.

ACTING^SECRETARY

- (J! '

31 OCTOBER 1979 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, October 31, 1979
at 1730 hours in regular session.

PRESENT: Commissioners Ciani, Toler, Siggins

ABSENT: Commissioners Murphy, Sanchez DOCUMENTS DEPT

WV 2 6 1979

Commissioner Siggins presiding.

SAN FRANCISCO
PUBLIC LIBRARY

RECOMMENDATION OF Till'; TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendation 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:

455 VALENCIA STREET - CENTENNIAL ELECTRICAL & PLUMBING

a) At 455 Valencia Street, install a 4l*
yellow zone, extending from 3' to 44'
south of north property line.

701 COLE STREET - RIVER CITY DELI

a) At 701 Cole Street, install a 23'
green zone, extending from north
property line 23' south of same.

1601 WALLER STREET - RIVER CITY DELI

a) At loOl Waller Street, install a 22'

yellow zone, extending from east property
line 22' west of same.

204 3-19th AVENUE - HILL HAVEN CONVALESCENT HOSPITAL

a) At 2043-19th Avenue, install a 22'
yellow zone, extending from 4' to 26'
south of driveway.

b) Revoke existing 22' white zone, extend-
ing from 4' to 26' south of driveway.

- 88i

1050 VAN NESS AVENUE - RICHELIEU HOTEL -HELD OVER

a) At 1050 Van Ness Avenue, install a 40*
white zone extension, from 5' to 45'
north of south building line. HELD OVER

1465 BUSH STREET - MALM LUGGAGE REPAIR

a) At 1465 Bush Street, revoke existing
21' yellow zone, extending from east
of property line to 15' west of east
property line .

b) Replace with green meters.
1020 POLSOM STREET -S.F.P.D.

a) At 1020 Folsom Street, revoke existing
15' yellow zone, extendi rip; from 30' to
45' east of west property line.

1004 POLSOM STREET - S.F.P.D.

a) At 1004 Folsom Street, revoke existing
33' yellow zone, extending from 15' to
48' west of 6th Street.

1020 FOLSOM STREET - S.F.P.D.

a) At 1020 Folsom Street, revoke existing
26' yellow zone, extending from 65' to
91' east of west property line.

141 SUTTER STREET - S.F.P.D.

a) At l4l Sutter Street, revoke existing
22' STLZ from 10' to 32' west of Lick
Place .

145 SUTTER STREET - S.F.P.D

a) At 145 Sutter Street, revoke existing

44' STLZ extending from 54* to 98' west
of Lick Place.

40 POST STREET - S.F.P.D.

a) At 40 Post Street, revoke existing 42

- 887 -

STLZ yellow zone, extending from 10'
to 52* west of Lick Place, STLZ 9A/1P

161 SUTTER STREET - S.F.P.D.

a) At l6l Sutter_ Street, revoke existing
22' yellow zone, extending from 98'
to 120' west of Lick Place.

1967 JACKSON STREET - S.F.P.D,

a) At 1967 Jackson Street, revoke existing
29' yellow zone, extending from east
property line 29' west of same.

1967 JACKSON STREET - S.F.P.D.

a) At 1967 Jackson Street, revoke existing
40* green zone, extending from 52' to
92' west of east line.

2240 VAN NESS AVENUE - S.F.P.D.

a) At 2240 Van Ness Avenue, revoke existing
22' green zone in front of 2240 Van Ness
Avenue .

2551-2553 CLAY STREET - S.F.P.D,

a) At 2551-2553 Clay Street, revoke existing
22' yellow zone in front of 2551-53 Clay
Street .

80 POST STREET - S.F.P.D.

At 80 Post Street, revoke existing 100'
STLZ yellow zone, extending from 72' to
172' east of Kearny Street.

AYES: Commissioners Ciani, Toler, Siggins
NOT VOTING: Commissioners Murphy, Sanchez

REVOKED

RESOLVED, that the recommendation of
the Traffic Bureau on the revocation of 460 feet

MMH -

of white, yellow and green zones, at the parts
of the City, at the locations submitted, be,
and the same are hereby approved.

AYES: Commissioners Ciani, Toler, Siggins
NOT VOTING: Commissioners Murphy, Sanchez

RESOLUTION NO. 625-79

EDDY KOHS

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of Eddy Kohs against the City and County of
San Francisco in the sum of $30.00 as the re-
sult of a faulty tow, be, and the same is
hereby approved.

Date of Incident: September 30, 1979

AYES: Commissioners Ciani, Toler, Siggins
NOT VOTING: Commissioners Murphy, Sanchez

RESOLUTION NO. 626-79
CLINTON EVANS

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of Clinton Evans against the City and County
of San Francisco in the sum of $504.^7 as the
result of a collision with a police vehicle, be,
and the same is hereby approved.

Date of Accident: Spetember 18, 1979

AYES: Commissioners Ciani, Toler, Siggins
NOT VOTING: Commissioners Murphy, Sanchez

RESOLUTION NO. 627-79
FRANCIS L. KWONG

RESOLVED, that the recommendation of

- UU'

the City Attorney for settlement of the claim
of Francis L. Kwong against the City and County
of San Francisco in the sum of $30.00 as the
result of a faulty tow, be, and the same is
hereby approved. m

Date of Incident: October 10, 1979

AYES: Commissioners Ciani, Toler, Siggins
NOT VOTING: Commissioners Murphy, Sanchez

RESOLUTION NO. 628-79

AUTHORIZING ATTENDANCE OF DEPUTY CHIEF MARIO
AMOROSO AND POLICE OFFICER GEORGE SCHRECK,
SUPPORT SERVICES BUREAU, AT THE POLICE VEHICLE
FLEET MANAGEMENT WORKSHOP AT PHOENIX, ARIZONA,
FROM NOVEMBER 14, 1979 TO NOVEMBER lb, 1979,
INCLUSIVE.

RESOLVED, that the recommendation of
the Chief of Police that Deputy Chief Mario
Amoroso and Police Officer George Schreck,
Support Services Bureau, be detailed to attend
the Police Vehicle Fleet Management Workshop
at Phoenix, Arizona, from November 14, 1979 to
November 16, 1979, inclusive, be, and the same
is hereby approved; and be it further

RESOLVED, that the expenses incurred
by Deputy Chief Mario Amoroso and Police Officer
George Schreck, Support Services Bureau, in a
sum not to exceed $615.00 each, will be defrayed
by the San Francisco Police Department's Police
Officers' Training Fund.

AYES: Commissioners Ciani, Toler, Siggins
NOT VOTING: Commissioners Murphy, Sanchez

RESOLUTION NO. 629-79

AUTHORIZING ATTENDANCE OF POLICE OFFICERS STEPHEN
BOSSHARD AND BOB C. DAVIS, VICE CRIMES-NARCOTICS,
AT THE NARCOTICS INVESTIGATORS COURSE AT SACRAMENTO,
CALIFORNIA, FROM NOVEMBER 4, 1979 TO NOVEMBER 16,
1979, INCLUSIVE.

RESOLVED, that the recommendation of

Bon

the Chief of Police that Police Officers
Stephen Bosshard and Bob C. Davis, Vice
Crimes-Narcotics, be detailed to attend the
Narcotics Investigators Course at Sacramento,
California, from November 4, 1979 to November
16, 1979, inclusive, be, and the same is hereby
approved; and be it further

RESOLVED, that the expenses incurred
by Police Officers Stephen Bosshard and Bob
C. Davis, Vice Crimes-Narcotics, in a sum not
to exceed $528.00 each, will be defrayed by the
San Francisco Police Department's Police Officer's
Training Fund.

AYES: Commissioners Ciani, Toler, Siggins
NOT VOTING: Commissioners Murphy, Sanchez

RESOLUTION NO. 630-79

TRAVELING EXPENSE VOUCHER - APPROVED

RESOLVED, that the Traveling Expense
Voucher submitted by the following-named mem-
bers of the Police Department for expenses in-
curred in attending the below-indicated program,
be, and the same is hereby approved:

Sergeant Ronald Jackson, ) $906.00

and trainees, Police )
Officers Richard Hesselroth, )

Robert Del Torre, Richard )

Holder, Henry Kirk, Mark )

Potter, Raymond Shaffer and )

Robert Sudano )

(At the Ad-
(vanced Special
(Weapons and Tac-
(tics Refresher
(Course at Fort
(Ord, Monterey,
(California, from
(October 2, 1979
(to October 3,
(1979, inclusive.

AYES: Commissioners Ciani, Toler, Siggins
NOT VOTING: Commissioners Murphy, Sanchez

RESOLUTION NO. 631-79

TRAVELING EXPENSE VOUCHER - APPROVED

RESOLVED, that the Traveling Expense
Voucher submitted by the following-named members

H'l I

of the Police Department for expenses incurred
in attending the below-indicated program, be,
and the same is hereby approved:

Sergeant Julian Landman
and trainees, Police
Officers Richard Sheehan,
George Cima, Jerry Donovan,
John Frederickson, Ronald
Killen, Philip Bill and
Charles Tedrow.

$906.00 (At the Advanced
(Special Weapons
(and Tactics Re-
( fresher Course at
(Port Ord, Monterey ,
(California, ' from
(October 11, 1979
(to October 12, 1979,
(inclusive .

AYES: Commissioners Ciani, Toler, Siggins
NOT VOTING: Commissioners Murphy, Sanchez

RESOLUTION NO. 632-79

TRAVELING EXPENSE VOUCHER - APPROVED

RESOLVED, that the Traveling Expense
Voucher submitted by the following-named members
of the Police Department for expenses incurred
in attending the below-indicated program, be,
and the same is hereby approved:

Sergeant Robert Hankins
and trainees, Police
Officers Brian D'Arcy,
Gary Elsenbroich, Alex
Fagan, Michael Lawson,
Michael McElligott,
Robert Puts and David
Roccaforte .

$906.00 (At the Advanced
(Special Weapons
(and Tactics Re-
(fresher Course
(at Fort Ord, Mon-
(terey, California,
(from October 9,
(1979 to October
(10, 1979, inclusive.

AYES: Commissioners Ciani, Toler, 3 i^i ns
NOT VOTING: Commissioners Murphy, Sanchez

RESOLUTION NO. 633-79

TRAVELING EXPENSE VOUCHER - APPROVED

RESOLVED, that the Traveling Expense
Voucher submitted by the following-named members

892

of the Police Department for expenses incurred
in attending the below-indicated program, be,
and the same is hereby approved:

Lieutenant Charles Beene,
and trainees, Sergeant
James Dachauer, Sergeant
David Winn, Police Officers
Henry Hunter, John Hennessey
Timothy Hettrich, Jeremiah
Morgan, Glenn Pennebaker
and William Taylor

$1,019.25

(At the Ad-
(vanced Wea-
(pons and Tac-
(tics Refresh-
(er Course, at
(Port Ord, Mon-
terey, Califor-
nia, from Octo-
ber 4, 1979 to
(October 5, 1979,
(inclusive .

AYES: Commissioners Ciani, Toler, Siggins
NOT VOTING: Commissioners Murphy, Sanchez

The Commissioners, having received,
amended and returned copies of the minutes of
the meetings of September 26, 1979, September
27, 1979, and October 3, 1979, the reading of
the minutes was dispensed with and the minutes
were approved.

AYES: Commissioners Ciani, Toler, Siggins
NOT VOTING: Commissioners Murphy, Sanchez

CHIEF'S REPORT TO THE POLICE COMMISSION

Chief Gain: "Mr. President, members of the
Commission, you might want to use this time
for the purpose of acknowledging the receipt
of the SRI Report as Mr. John Taylor is here."

Commissioner Siggins: "Yes, I think that I will
introduce Mr. John L. Taylor from SRI International
who is a Senior Urban Management Specialist for
SRI, a former City Manager of Fresno, Kansas City
and Berkeley, and was the project leader in the
case study that we asked SRI to conduct in con-
nection with the Riots of May 21-22, 1979. The
SRI International presented to us a report con-
sisting of 50 pages that's called the May 1979
Riot in San Francisco Police Issues. It was pre-
sented to us Monday afternoon and we asked Mr.
Taylor to come to the Commission Meeting tonight
to present it and to talk about it, if you will
for a few minutes."

By ;

John L. Taylor: "Mr. President, Commissioners,
SRI International is a not for profit multi-
disciplinary research organization which has
studied, at the request of the Police Commission,
the events of the 21st and 22nd of May of this
year and presented reports to you. I would like
to stress a few things and I am assuming that it
will take you sometime to read and analyze this
thoroughly and I do not intend to summarize the
report, but I would like to stress a few things.
One is that we are, in the report, concentrated
primarily on recommendations relative to the future
and not simply to looking backwards at what happened
and pointing fingers to see that at 10:02, or what-
ever, that a certain individual might have done some-
thing that he wished he had done later, or whatever.
In short, we are stressing the future and not the
past .

Another thing that ought to be stressed
is that we had the advantage of hindsight and the
hundreds of people on the scene did not have that
advantage. A third thing is that many of the aspects
of this were matters of judgment and reasonable
people will differ in judgment matters.

The report which will be distributed
tonight includes a statement of response by the
Mayor and a statement of response by the Police
Chief. He has identified. . .the Chief has, what
he considers some problems and 1 would like to
comment, at his request, on some of those and
put them into context. For example, in the list
of deficiencies within the report we indicate that
there was no cordon line established around the
scene which would let people out but not people
in. Of that, is certainly a fact. We don't mean
to imply there are errors of judgment that were
made, it's simply a fact, the police department
was not able to do that sort of thing. So when
you look at the list of deficiencies do not think
of them as necessarily errors in judgment. Some
of them, we obviously think were, but some of them
are not .

A key issue relates to the timeliness
of the police response and the Chief has some com-
ments to make that is in his response which will
be distributed with the report. The report indi-
cates that at about 8:45 the department had enough
men on the scene to sweep the front of City Hall.
It goes on to indicate there was not a significant
increase in the manpower between 8:45 and later
in the evening when the Plaza was swept. You should
not get the impression that there was not an in-
crease in the number of officers. There certainly
was an increase, but relative to the size of the
crowd and the violence in the crowd, we think there
was not an increase of police capability. The fact
that at 8:45, in our judgment, there were enough
officers to sweep the area in front of City Hall,
does not necessarily mean that the department could
or should have. For example, we discussed the ques-

- M«U| .

tion of using persuasion rather than force and
think that when there is a chance that persuasion
will work that that should be tried first and that,
for instance, 8:^5 was sometime before Supervisor
Carol Ruth Silver had gone out to the Mayor's bal-
cony with a cigarette lighter representing a can-
dle in an attempt to have a peaceful solution to
the problem, and at 8:45 the Department was in
the relatively early stages of trying to find an
adequate public address system which could have
made a difference. So, the fact that there were
enough officers available to do something, it
doesn't mean necessarily, that that should have
been done at that time.

While we also point out, as the Chief
has in his Major Incident Report issued shortly
after the event, that the squads present had not
been formed into platoons, or companies, or large
groups under lieutenants or other middle manage-
ment personnel. A deficiency that the Chief iden-
tified earlier. We concur with that and that ab-
sence would have made it much more difficult to
conduct a sweep which we feel could have been
done given the number of men available. And then
there are a number of judgment matters, such as
whether the crowd was too in lieu of the pro-
pensity of the crowd, to want to resist. I think
that that's the only specific incident that I
would like to comment on now as a result of the
Chief's request.

I would urge the Commission to read
the report thoroughly, to analyze it and I
would be glad, if the Commission desires, to
discuss it with the Commission at some other
time and to discuss it with the Chief. If you
have any questions at this time, or later, I
would be glad to answer them.

Commissioner Siggins: "I don't have any questions
at this time Mr. Taylor, but on behalf of the
Commission we accept the report with thanks to
SRI International. We accept the fact that there
are recommendations in there for the future and
they will be implemented, and we just received
a letter from the Mayor who says she has gone
over the entire report and she wants some things
implemented, things that have not been implemented
and she considers it an excellent report. Her
letter will be distributed to the press, I think,
via your report. Are there any questions of Mr.
Taylor at this time?"

Commissioner Ciani: "I just want to thank you
for your comments and for putting some of the
items In the report into the proper perspective
and I appreciate your clarification of some of
the points on page 21."

f)qi

Commissioner Siggins: "Pine, but I would like
to point out the recognition of the fact that
the people in Civic Center that night were a
combination of people who wanted to start a riot,
or be involved in a riot, and there were other
people who were there peacefully demonstrating
but angry at a verdict, and then there were also
just bystanders there. And you did recognize that
fact."

John L. Taylor: "A very mixed crowd."

Commissioner Siggins: "Okay."

John L. Taylor: "Thank you."

Commissioner Siggins: "Chief, do you have ?"

Chief Gain: "Just a brief comment at this time
Mr. President. I submitted to you an approximate
8 page report in response. I would like to state
briefly that, one, the SRI Report reflects, of
course, a great deal of work. It has many obser-
vations, conclusions, criticisms and recommendations,
We welcome the criticisms, we previously acknowledged
deficiencies and we look forward to discussion of
those described in the report. We do, of course,
take exception lv some which, perhaps, based upon
clarification and discussions, can be resolved as
to intent and meaning and particularly as regards
to some 35 positive recommendations contained in
the report, some of which we have implemented.
Approximately 16 of which we either have, or are
in the process of implementing. In regard to all
of them then we definitely will studiously evaluate
and implement, in whole or in part, as is appro-
priate. It's a valuable document. It provides
a great deal of worthwhile information. So we want
to acknowledge that. Two comments: I think that
particular prominence should be given to that part
of the report that speaks to the ordered removal
of Deputy Chief Mullen of the officers at Market
Street later on that evening. The report identi-
fied the action taken by Chief Mullen at that time
when there were several hundred persons confronting
numbers of police and the only appropriate action
to take was for the police to go back and do other
things. They described Chief Mullens' action in
deciding to remove the police as being both cour-
ageous and exercising, in effect, effective leader-
ship. And I want to emphasize that part of the re-
port. Chief Mullen has without any justification
whatever, been criticized for taking that judicious
action, that hopefully those, particularly within
the department , who have so unjustly criticized
him will recognize that, in fact, it was a judi-
cious, courageous action he took called for by the
circumstances and one of the most effective indi-

896 -

cators of leadership that a police person can per-
form. That part of the report further states that

Commissioner Siggins : "May I just interrupt you
for a moment? Do you hear that Mr. Taylor?"

John L. Taylor: "Yes, he is accurately stat-
ing what is in the report."

Chief Gain: "I am paraphrasing his report and
1 read it four times. I am very impressed with
it. That part of the report further states that
had that action not been taken which Chief Mullen
took there may well have been an all night, full
scale riot. May have been and there may well
have been. At the least there would have been,
and I have stated this previously, a police riot,
a police riot if the police had inappropriately
and injudiciously moved. I want to emphasize
that. I would state lastly that, although we
take exception at the bottom line I am confident,
as I was that night and have been since and after
reviewing this report, that although we have de-
ficiencies, we have to make corrections, that
the overall objective of minimizing persona]
injury to both police and others was accomplished,
At the bottom line, as indicated in the report,
no one was killed. In fact, there was minimal
injuries, although, regrettably, both police
and others were injured and that was the ulti-
mate objective to be achieved. I am comfortable
the action taken that night, the strategy,
objectives were appropriate. Thank you."

Commissioner Siggins: "Thank you Chief, any
questions of the Chief in that regard? I think
that will cover that aspect of this Commission
Meeting, we have other matters to go on with,
but in the interest of time we can take a re-
cess for a few minutes and the press can ask
questions of Mr. Taylor if they want. That
can be done at another location in the build-
ing and Officer Henry Friedlander has copies
of the report for you."

PUBLIC HEARING ON THE ISSUANCE OF A SECOND-
HAND DEALER PERMIT, 880 EGBERT STREET, SAN
FRANCISCO, CALIFORNIA (AUTO ACCESSORIES) -
CONTINUED FOR ONE (1) WEEK.

and

PUBLIC HEARING ON THE ISSUANCE OF AN AUCTIONEER
PERMIT, 880 EGBERT STREET, SAN FRANCISCO, CAL-

Mm/

IFORNIA. - CONTINUED FOR ONE (1) WEEK.

In order to clarify and receive an appropriate
recommendation from Inspector Richard Duane
of the Pawn Shop/Auto Detail and also to allow
for the appearance of Mr. Harley D. Rowe, appli-
cant, who did not appear at tonights hearing.

AYES: Commissioners Ciani, Toler, Siggins
NOT VOTING: Commissioners Murphy, Sanchez

RESOLUTION NO. 63*1-79

PUBLIC HEARING ON THE ISSUANCE OP AN AUCTIONEER
PERMIT

WHEREAS, the Police Commission on
October 31» 1979> heard the application of
William N. Schlesinger for the issuance of
an Auctioneer Permit, In the City and County
of Man Francisco; and

WHEREAS,
and presented oral
application; and

applicant appeared in person
testimony in support of his

WHEREAS, written recommendations of
approval were submitted from Taraval Police
Station, and other appropriate City Agencies;
therefore be it

RESOLVED, that the Police Commission
in accordance with the provisions of Section.
1253 of the San Francisco Municipal Code (Police
Code) does hereby grant to William N. Schlesinger
an Auctioneer's Permit for the purpose of con-
ducting auctions at the site of Real Property
subject to approval of individual sites in the
City and County of San Francisco.

AYES:

Commissioners Ciani, Toler, Siggins

NOT VOTING:

Commissioners Murphy, Sanchez

The Commission then adjourned its meeting
at 18^0 hours.

- 898 -

7 NOVEMBER 1979 REGULAR MEETING

The^pPolice Commission of the City
and County of,, San Francisco met in their
chambers, Rjbom 551j Hall of Jus.tioe, 850
Bryant Street, on Wednesday, November 7, 1979
at 1730 hours, in regular session.

PRESENT; Commissioners Ciani, Murphy, Sanchez,
Toler, Slggins

Commissioner Sigglns presiding. u*-'v'

DEC 141979

SAN FRM*£22°

RECOMMENDATION OP THE TRAFFIC BUREAU i pu

845 Bush Street - Hotel Louise - Held Over One (1) Week

a) At 845 Bush Street, install a 44.'
white zone, extending from 12' to
56' east of west building line.

b) Revoke, existing 44 • STLZ, remove
meter BUS 821, 823, & 12 » yellow
in front of 835 Bush Street,
HELD OVER ONE (1) WEEK.

Applicant Mr. Gerald Levitin appeared and pre-
sented testimony In his own behalf in an attempt
to acquire a white zone in front of his premises
The Department recommended a denial on the basis
that it would cause double parking and that the
number of units in the building were not enough
to comply with the Department ' s criteria for
granting the requested- zoning. After listening
to Mr. Levitin, the Commission put the matter
over for one (1) week. .

116-NO. 5th STREET - BURGER KING -DENIED

a) At 116 North 5th Street, install a 22'
yellow zone, extending from north pro-
perty line 22' south of same. DENIED.

b) Remove meter 116. DENIED.

Applicant Dorothy Hatley appeared and presented
testimony in her behalf in an attempt to acquire
a yellow zone in front of her business, the Burger
King, at the stated location. The Commission,

- 899 -

after listening to her testimony upheld the
Department's recommendation to deny the grant-
ing of this zone.

RECOMMENDATION OP THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendation 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:

1050 VAN NESS AVENUE - RICHELIEU HOTEL

a) At 1050 Van Ness Avenue, revoke

existing 22' white zone, extending
from 23 ' to 45' south of north pro-
perty line.

b) Replace with one meter.

1050 VAN NESS AVENUE - RICHELIEU HOTEL

a) At 1050 Van Ness Avenue, install
a 40' white zone, extending from
12 » to 52' north of Myrtle Alley.

b) Remove meters VAN 1022 & 1020.

1050 VAN NESS AVENUE - RICHELIEU HOTEL - DENIED

a) At 1050 Van Ness Avenue, install a
40' white zone extension from 5' to
45' north of south building line. DENIED.

501 LAGUNA HONDA - ST. JOHNS UNITED CHURCH OF CHRIST

a) At 501 Laguna Honda, install a 22'

white zone, extending from 7' to 29'
north of south building line.

3701 SACRAMENTO STREET - RIMS & GOGGLES

a) At 3701 Sacramento Street, install a 22*
green zone, extending from 14 ' to 36'
west of east property line. (300 min .
use out 540 min. zone.)

- 900 -

189 LIPPARD - GLEN PARK SCHOOL

a) At 189 Lippard Street, revoke

existing 39' yellow zone, extend-
ing from 45' to 84' north of south
line of school yard.

b) Install a 44' white zone, extending
from 45* to 89' north of south
line of school yard.

771 O'FARRELL STREET - S.F.P.D

a) At 771 O'Parrell Street, revoke

existing 22' yellow zone, extending
from 95' to 117' east of Larkin
Street .

#3 COLUMBIA SQUARE - S.F.P.D.

a) At #3rColumbia 'Square, revoke existing
22' yellow zone, extending from 64*
to 86' south of north property line.

170 BROMPTON - GLEN PARK SCHOOL

a) At 170 Brompton, revoke existing
116 ' white zone, extending from
100' to 216 ' north of Joost Street
leaving 44' to 260' zone.

2549 CLAY STREET - S.F.P.D.

a) At 2549 Clay Street, .revoke existing
22' yellow zone, extehding from west
property line 22' east of same.

366 GUERRERO STREET - FOREMOST DAIRY

a) At 366 Guerrero Street, revoke exist-
ing 21* yellow zone, extending from
38' to 59' north of south building
line .

366 GUERRERO STREET - FOREMOST DAIRY

a) At 366 Guerrero Street, revoke exist-
ing 36' green zone, extending from 361
north of south building line.

- 901 -

#10 GALLAGHER - SAN FRANCISCO PROGRESS - DENIED

a) At #10 Gallagher, install a 123'

yellow zone, extending from 27' to
150' south of Tehama. DENIED .

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

REVOKED

RESOLVED, that the recommendation of
the Traffic Bureau on the revocation of 300 feet
of white, yellow and green zones, at the parts of
the City, at the locations submitted, be, and the
same are hereby approved.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 635-79

JOHN S. COLLINS AND HIS ATTORNEY

RESOLVED, that the recommendation of
the City Attorney for settlement of litigation
of John S. Collins in the sum of $8,500.00 in
Superior Court Action No. 719-383 entitled "John
S. Collins 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: May 2, 1976

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 636-79
ALLEN E. MADISON

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Allen
E. Madison against the City and County of San

- 902 -

Francisco in the sum of $25.00 as the result
of a faulty tow, be, and the same is hereby
approved.

Date of Incident: August 22, 1979

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 637-79

AUTHORIZING ATTENDANCE OF POLICE OFFICERS CHARLES
COATES, INGLESIDE POLICE STATION, ROGER FOGE, PER-
SONNEL AND TRAINING, AND RICHARD WALLETT, CRIME
SPECIFIC TASK FORCE, AT THE FIREARMS INSTRUCTORS'
COURSE AT EUREKA, CALIFORNIA, FROM NOVEMBER 26,1979
TO DECEMBER 7, 1979, INCLUSIVE.

RESOLVED, that the recommendation of the
Chief of Police that Police Officers Charles Coates,
Ingleside Police Station, Roger Foge, Personnel and
Training, and Richard Wallett, Crime Specific Task
Force, be detailed to attend the Firearms Instructors'
Course at Eureka, California, from November 26, 1979
to December 7, 1979, inclusive, be, and the same is
hereby approved; and be it further

RESOLVED, that the expenses incurred by
Police Officers Charles Coates, Ingleside Police
Station, Roger Foge, Personnel and Training, and
Richard Wallett, Crime Specific Task Force, in a
sum not to exceed $637.00 each, will be defrayed
by the San Francisco Police Department's Police
Officers' Training Fund .

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 638-79

AUTHORIZING ATTENDANCE OF LIEUTENANTS KELVIN BROWN,
SUPPORT SERVICES, WILLIE E. FRAZIER, POLICE COM-
MISSION OFFICE, FRANKLIN GREER, INTERNAL AFFAIRS
BUREAU, AND ARTHUR LOCKWOOD, SOUTHERN POLICE STATION,
AT A MIDDLE MANAGEMENT TRAINING COURSE AT KELSEY-
VILLE, CALIFORNIA, FROM NOVEMBER 26, 1979 TO DECEM-
BER 7, 1979. INCLUSIVE.

RESOLVED, that the recommendation of the

903 -

Chief o
Support
mission
Bureau,
tion, b
Trainin
Novembe
be, and
further

f Police that L

Services, Will

Office, Prankl

and Arthur Loc

e detailed to a

g Course at Kel

r 26, 1979 to D

the same is he

ieutenants Kelvin Brown,
ie E. Prazier, Police Corn-
in Greer, Internal Affairs
kwood, Southern Police Sta-
ttend a Middle Management
seyville, California, from
ecember 7, 1979, inclusive,
reby approved; and be it

RESOLVED, that the expenses incurred
by Lieutenants Kelvin Brown, Support Services,
Willie E. Prazier, Police Commission Office,
Franklin Greer, Internal Affairs Bureau, and
Arthur Lockwood, Southern Police Station, in
a sum not to exceed $594.50 each, will be de-
frayed by the San Francisco Police Department's
Police Officers' Training Fund.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 639-79

TRAVELING EXPENSE VOUCHERS - APPROVED

RESOLVED, that the Traveling Expense
Vouchers submitted by the following-named members
of the Police Department for expenses incurred
in attending the below-indicated program, be,
and the same are hereby approved:

Lieutenant Richard D.
Klapp, Personnel &
Training

.) $46.00 (At the Commission

■■)
)

Sergeant Michael S. Hebel,)
Personnel & Training )

each (on Peace Officer

(Standards and Train-
(ing Quarterly Meet-
(ing at Sacramento,
(California, from
(October 25, 1979 to
(October 26, 1979, in-
clusive .

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 640-79

TRAVELING EXPENSE VOUCHER - APPROVED

RESOLVED, that the Traveling Expense Voucher

- 904 -

submitted by the following-named members of
the Police Department for expenses incurred
in attending the below-indicated program, be,
and the same is hereby approved:

Assistant Inspector) $218.00 (At a Seminar on
Isiah Nelson ) (Outlaw Motorcycle

Intelligence Unit ) (Gangs, at Sacramento,

(California, from

(October 23, 1979 to

(October 26, 1979, in-
clusive.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

CHIEF'S REPORT TO THE POLICE COMMISSION

Chief Gain stated that there would be two reports.
One is in regard to towing problems in the City.
He stated that Commander Seghy was present to give
an oral presentation along with a written report
that he had prepared and distributed at this time.

Commander Seghy then addressed the Commission
on the tow service problems based upon questions
submitted by the Commission at last week's meet-
ing.

He stated that at this time the Purchaser
of Supplies has not been able to procure an agency
to do the towing for the City because of the stor-
age facility problem. He said that there are agencies
that have facilities for the long term storage but.
not for the short term storage that the City would
require for tow away zones. He said that there are
agencies that are willing, to contract partially for
tow services of abandoned autos only, and some that
will contract for emergency tow services and aban-
doned auto services, but have not yet found an agency
that will tow for the three major tow needs which
were previously mentioned. He stated that what he
thought might be the direction, at this time, to
proceed would be to solicit the Board of Supervisors
to acquire properties that would be suitable for
vehicle storage use and have the city sub-let those
properties to any agency that would contract the
City for full tow service.

Commissioner Ciani then wanted to know if the
City could not use non-contract agencies for
abandoned tows, absent a declaration of emer-
gency, to which the Commander stated that the
Department's Legal Office stated that it would
be advisable for the Commission to make a decis-
ion as to whether or not the circumstances are
such that it warrants the Department to move into
that position.

- 905 -

The matter was then continued for one week in
order to get a legal opinion from the Legal
Office as to the proper format for the Commis-
sion to use, by resolution, for making such a
declaration.

The Chief then introduced Mr. Jeff Rothman,
who is in charge of the Department's Consent
Decree Division, to report on the composition
of the 1st 'Recruit Class under this Decree which
will commence on November 13th.

Mr. Rothman then stated that the composition of
the class will be 52-1/2% minority participation,
and 22-1/2% female participation, which will be
historical for San Francisco and most major cities
in the United States to the extent that it re-
flects a voluntary Affirmative Action Program
and reflects the good faith on the part of all
of the parties to the Consent Decree.

He said that on September 27th, Judge Peckham
issued a hiring order which directs the Division
to hire 160 individuals in rank order from the
E91 list which contains some 2100 eligibles. He
said that the Judge ordered in addition to the
160 rank order hirees, that 30 women will be hired,
and finally 9 Chinese speaking candidates, which
will result in a total hiring of 199 persons from
the current list .

He stated that based on the current rate of waiver
and rejection that the total of 199 persons to be
hired from list No. E-91 will consist of approx-
imately 65% men, and 35% women, and that 48% of
those individuals hired will be non-minority, and
52% will be minority.

He said the Consent Decrep Division itself is
moving rapidly now to begin a new Q2 entry level
examination for the police department and hope by
the early part of next year to have a continuous
examination and recruitment program so that the
department will be able to continually administer
academy programs for incoming recruits in the de-
partment. He said their target date for the com-
pletion of this next examination and availability
of the next list of eligibilities for the early
part of May, 198O.

The Commissioners then thanked Mr. Rothman a'nd the
Chief for their reports.

- 906 -

RESOLUTION NO. 641-79

PERMISSION TO APPLY FOR AND ACCEPT A GRANT ENTITLED
"INTEGRATED CRIMINAL APPREHENSION PROGRAM (ICAP)
POLICE COMPONENT OP THE COMPREHENSIVE CAREER CRIM-
INAL PROGRAM."

RESOLVED, that the Police Commission
hereby approves the ICAP grant application and
requests the Board of Supervisors to authorize
the Chief of Police to apply for, accept and ad-
minister a grant of funds from the Law Enforce-
ment Assistance Administration for a project ert-t-
titled "Integrated Criminal Apprehension Program
(ICAP) Police Component of the Comprehensive Car-
eer Criminal Program."

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 642-79

REQUEST FOR A SUPPLEMENTAL APPROPRIATION TO FUND
THE OPERATIONS OF THE AUDITOR/MONITOR

RESOLVED, that the Police Commission
hereby approves a request for a Supplemental
Appropriation in the amount of $28,465.00 for
the support of the Audit or /Monitor .

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 643-79

PUBLIC HEARING ON THE ISSUANCE OF A SECOND-HAND
PERMIT, 880 EGBERT STREET, SAN FRANCISCO, CAL-
IFORNIA (AUTO ACCESSORIES) - CONTINUED FROM
THE MEETING OF OCTOBER 31 , 1979

WHEREAS, the Police Commission on
November 7, 1979, heard the application of Harley
D. Rowe, dba "J & H Auto Wrecking," for the Issu-
ance of a Second-Hand Dealer Permit at 880 Egbert
Street in the City and County of San Francisco;
and

- 907 -

■ WHEREAS, applicant appeared in person
and presented oral testimony in support of his
application; and

WHEREAS, written recommendations of
approval were submitted from Southeast Police
Station, the Department's Auto Section, and other
appropriate City agencies; therefore be it

RESOLVED, that the Police Commission
in accordance with the provisions of Section
1237 of the San Francisco Municipal Code (Police
Code) does hereby grant to Harley D. ffowe, dba
"J & H Auto Wrecking," a Second-Hand Dealer's
Permit for the purpose of buying, selling, ex-
changing, storing or dealing in used or second-
hand automobiles, motor vehicles, motorcycles,
equipment, storage batteries and parts of auto-
mobiles or automobile accessories at 880 Egbert
Street, in the City and County of San Francisco.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 644-79

PUBLIC HEARING ON THE ISSUANCE OF AN AUCTIONEER
PERMIT, 880 EGBERT STREET, SAN FRANCISCO, (CON-
TINUED FROM THE MEETING OF OCTOBER 31, 1979)

WHEREAS, the Police Commission on Novem-
ber 7, 197-9, heard the application of James F. Payne
for the issuance of an Auctioneer Permit at 880 Egbert
Street in the City and County of San Francisco; and

WHEREAS, applicant appeared in person and
presented oral testimony in support of his appli-
cation; and

WHEREAS, written recommendations of
approval were submitted from Southeast Police
Station, and other appropriate City agencies;
therefore be it

RESOLVED, that the Police Commission in
accordance with the provisions of Sections 1250
and 1253 of the San Francisco Municipal Code
(Police Code) does hereby grant to James F. Payne
an Auctioneer's Permit for the purpose of buying,

- 908 -

selling, exchanging, storing or dealing in
used or second-hand automobiles, motor vehicles,
motorcycles, equipment, storage batteries and
parts of automobiles or automobile accessories
at 880 Egbert Street in the City and County of
San Francisco.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 645-79

POLICE OFFICER YVONNE HARBOR - SOUTHEAST POLICE
STATION

WHEREAS, charges of violating the Rules
and Procedures of the San Francisco Police Depart-
ment were filed against Police Officer Yvonne Harbor,
Southeast Police Station, as follows:

SPECIFICATION NO.

Failure to Preserve the Peace and
Arrest Offenders. (Violation of
Section 2.03 of the Rules and Pro-
cedures of the San Francisco Police
Department . )

SPECIFICATION NO. 2

Using Profane Language to a Citizen
and Falling to Provide the Correct
Star Number. (Violation of Section
2.35 of the Rules and Procedures of
the San Francisco Police Department.)

SPECIFICATION ,N0

Failing to Make A Written Report of
Criminal Conduct. (Violation of Sec-
tion 2.6l of the Rules and Procedures
of the San Francisco Police Department.)

SPECIFICATION NO. 4

Neglect of Duty and Conduct Unbecoming
and Officer. (Violation of Section
2.13 of the Rules and Procedures of the
San Francisco Police Department.)

- 909 -

SPECIFICATION NO,

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

by Charles R. Gain, Chief of Police; therefore
be it

RESOLVED, that the hearing before the
Police Commission on charges filed against Police
Officer Yvonne Harbor, Southeast Police Station,
be, and the same is hereby set for Wednesday, Jan-
uary 16, 1980 at 5:30 p.m., in Room 551, Hall of
Justice .

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

Mr. Lawrence Wilson, at this point, stated to
the Commission that he wanted to bring up an item
that was not on tonights calendar, and that he and
Mr. Stephen Bruce Bley would like to set a date
for it, and that is the Andrew Citizen and Dennis :
McCaffrey hearing.

After some discussion on setting it for the 21st
or 28th, the matter was then set to be heard on
Wednesday, November 21, 1979, at 5=30 p.m.

CONTINUATION OF THE HEARING OF POLICE OFFICER
MICHAEL KELLY, PARK POLICE \STATI0N

The matter of the hearing of Police
Officer Michael Kelly, Park Police Station, was
called, it having been continued from the meet-
ing of October 8, 1979.

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

Mr. Lawrence Wilson, Attorney at Law,
appeared as the Prosecutor for the Police Depart-
ment .

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

- 910

Mr. Bruce Paul
1175 Keith Street
Berkeley, California

Police Officer Robert Gin
Richmond Police Station

Police Officer Dolores J. Cazazza
Richmond Police Station

The following-named witnesses were
called by the Prosecution, were sworn and testi-
fied:

Police Officer Michael Kelly
Park Police Station

Police Officer Daniel Marr
Bureau of Communications

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

Police Officer Michael Kelly
Park Police Station

The Commission then adjourned at 2130
hours, and the matter was continued to Wednesday,
November 14, 1979, at 1730 hours, in Room 551,
Hall of Justice.

(The entire proceedings were
taken in shorthand form by
Hearing Reporter Linda Pransky
C.S.R.) \

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

CONTINUATION OF THE HEARING OP POLICE OFFICER
DANIEL MARR, BUREAU OF COMMUNICATIONS

The matter of the hearing of Police
Officer Daniel Marr, Bureau of Communications,
was called, it having been continued from the
meeting of October 8, 1979.

- 911 -

Police Officer Daniel Marr, appeared
In person and was represented by Mr. Stephen
Bruce Bley, Attorney at Law.

Mr. Lawrence Wilson, Attorney at Law,
appeared as the Prosecutor for the Police De-
partment .

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

Mr. Bruce Paul
1175 Keith Street
Berkeley, California

Police Officer Robert Gin
Richmond Police Station

Police Officer Dolores J. Cazazza
Richmond Police Station

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

Police Officer Michael Kelly
Park Police Station

Police Officer Daniel Marr
Bureau of Communications

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

Police Officer Michael Kelly
Park Police Station

The Commission then adjourned at 2130
hours, and the matter was continued to Wednesday,
November 14, 1979 at 1730 hours, in Room 551, Hall
of Justice.

(The entire proceedings were taken
in shorthand form by Hearing Reporter
Linda Pransky, C.S.R.)

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

- 912 -

The Commission then adjourned its
meeting at 2130 hours.

• DOCUMENTS DEPT. - 913 -

DEC 2 8 1979

SAN FHANCiwCp

14 NOVEMBER 1979 ^BBUC J >s:~-afR'EGULAR 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, November 14, 1979 at 1730 hours in
regular session.

PRESENT: Commissioners Murphy, Sanchez, Toler,
Siggins

ABSENT: Commissioner Ciani

Commissioner Siggins presiding.

RECOMMENDATION OP THE TRAFFIC BUREAU

845 Bush Street - Hotel Louise.

Commissioner Siggins stated that on item #1 of the
Traffic Calendar Officer William: -Hardiman of the
Traffic Survey Division, stated that Commander Seghy,
Commander of the Traffic Bureau, has requested that
this item be put off calendar for one more week. He
stated that they had someone surveying the location
for a period of two days, which the Commander felt
was not enough time and did not accept the Traffic
Survey Division's report on the issue. For that
reason, the Commander wanted a more thorough investi-
gation of the hotel's activities to see if the appli-
cant's request was justified.

The applicant, Mr. Gerald Levitin, appeared and
presented what he felt was evidence to justify the
granting of the requested zone.

The Commission, after receiving this testimony, con-
tinued the item for one week and advised Mr. Levitin
that he would not have to return to the next meeting
on this issue.

Mr. Levitin then stated It the Commission that the
Commission was kind enough to make a comment to him
last week, which happened! to; hit : KCBS Radio, .compli-
menting him, and that he appreciated the Commission's
compliment regarding his contirbution as far as easing
the traffic problems of this city. He continued by
saying that he was born in San Francisco and that he
has watched Police Commissions come and go and that

- 914 -

it was his feeling that this Commission has had
probably the toughest years, and has done the best,
and that he just wanted to make that statement.

The Commission then thanked Mr. Levitin and con-
tinued the matter one week.

I • ;

RECOMMENDATION OP THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendation 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:

150-15th STREET - THE SOURCE

a) At 150-15th Street, install a 22'
yellow zone, extending from 90' to
112' east of west property line.

1703 (APPROX) ALAMEDA - THE SOURCE

a) At 1703 )approx.) Alameda, install

a 21 ' yellow zone, extending from 20'
to 41 * west od DeHaro .

550 KEARNY STREET - GENERAL SERVICES ADM.

REGION 9

a) At 550 Kearny Street, install a 23'
Blue zone, extending from 25' to 48'
south of north building line.

b) Revoke existing 23' STLZ from 25'

to 48' south of north building line.

3140 MISSION STREET - CESAR'S PALACE

a) At 3140 Mission Street, install a 22'
white zone, extending from 22' to 44'
south of north building line.

b) Place sign on meter #MIS 3136 "Passenger
Unloading 6 P.M. to 6 A.M."

- 91.5 -

991 MINNA STREET - WHOLESALE RESOURCE

a) At 991 Minna Street, install a 49'

yellow zone, extending west of building
49' east.

640 PINE STREET - SELF HELP FOR ELDERLY

a) At 640 Pine Street, install a 44*
white zone, extending from 24' to
68' west of east building line.

b) Remove meters PINE 624 & 622.

901 BATTERY STREET - OFFICE BUILDING (16 UNITS)

a) At 901 Battery Street, install a 22'

yellow zone, extending from 52' to 74'
north of south building line.

811-819 VALENCIA STREET - CIRCLE CLUB

a) At 811-819 Valencia Street, install a

44* white zone, extending from 7' south
to 37' north of south property line.

b) Remove meters VAL 809 & 805.
111 RHODE ISLAND - THE SOURCE

a) At 111 Rhode Island, install a 22
green zone, extending from 48' to
70 ' south of north building line.

461 VALENCIA STREET - RAINBOW - DENIED

a) At 461 Valencia Street, install a

19' yellow zone, extending from 31'

to 50' north of south building line. DENIED.

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

- 916 -

REVOKED

RESOLVED, that the recommendation of
the Traffic Bureau on the revocation of 23 feet
of yellow zone, at the *parV of the City, at the
location submitted, be, and the same is hereby
approved.

AYES: ■ Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

RESOLUTION NO. 646-79

MARIO SCHIANO AND SAVELLI
& CO. INSURANCE

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of Mario Schiano and Savelli & Company, Insurance,
against the City and County of San Francisco In
the sum of $925.00 as the result of a collision
with a police vehicle, be, and the same is hereby
approved.

Date of Accident: October 4, 1979

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

RESOLUTION NO. 647-79

CALIFORNIA STATE AUTOMOBILE
ASSOCIATION AND DANNY LEM

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of the
California State Automobile Association and Danny
Lem against the City and County of San Francisco
in the sum of $1,320.76 as the result of a collision
with a police vehicle, be, and the same is hereby
approved.

Date of Accident: February 26, 1979

AYES: Commissioners Murphy, Sanchez, Toler,

Siggins

NOT VOTING: Commissioner Ciani

- 917 -

RESOLUTION NO. 648-79

TRAVELING EXPENSE VOUCHER - APPROVED

RESOLVED, that the Traveling Expense
Voucher submitted by the following-named mem-
ber of the Police Department for expenses in-
curred in attending the below-indicated program,
be, and the same is hereby approved:

Sergeant Richard R. ) $811.60 (At a Training
Racine ) .(Management Course

Personnel and Training) (at San Rafael, Cal-

(ifornla, from Octo-
ber 22, 1979 to Novem-
ber 2, 1979, inclusive.

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

AUTHORIZING ATTENDANCE OP DEPUTY CHIEF JEREMIAH
P. TAYLOR, ICAP PROGRAM MANAGER LAWRENCE J. PUNK,
AND ICAP INVESTIGATIONS ANALYSIS SUPERVISOR BARBARA
ROSS, AT AN INTEGRATED CRIMINAL APPREHENSION PROGRAM
CLUSTER MEETING IN COLORADO SPRINGS, COLORADO, PROM
DECEMBER 3, 1979 TO DECEMBER 7, 1979, INCLUSIVE.

RESOLVED, that the recommendation of
the Chief of Police that Deputy Chief Jeremiah
P. Taylor, ICAP Program Manager Lawrence J. Funk,
and ICAP Investigations Analysis Supervisor Barbara
Ross, be detailed to attend an Integrated Criminal
Apprehension Program Cluster Meeting in Colorado
Springs, Colorado, from December 3, 1979 to December
7, 1979, Inclusive, be, and the same is hereby ap-
proved; and be it further

RESOLVED, that the expenses incurred by
Deputy Chief Jeremiah P. Taylor, ICAP Program Man-
ager Lawrence J. Funk and ICAP Investigations Anal-
ysis Supervisor Barbara Ross, will be paid by the
ICAP Grant.

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

- 918 -

CHIEF'S REPORT TO THE POLICE COMMISSION

Chief Gain stated that he would report on a pro-
blem that occurred with* the_ commencement of the
Department's recruit class yesterday. He stated
that several meetings were held in regard to the
ratio of minority recruits as opposed to non-
minorities being accepted into the class. He
stated that he had informed the various parties^
OFJ, Public Advocates, SFPOA, of a plan arrived
at meetings to bring about this balance of re-
cruits for the class. He said he assumed as did
Professor Trives and Captain Shannon, that Mr.
Jeff Rothman, the Director of the Consent Decree,
had contacted the above-mentioned parties and ad-
vised them of the plan. He said that yesterday
morning after the swearing in ceremonies at Fre-
mont School, seven officers, all white males,
were first informed that they were not going to
be admitted to the class .but that their class
attendance would be deferred until January. He
said he contacted Mr. Rothman after this incident
had created a furor among the named parties and
Mr. Rothman said that because of some discussions
he had had with a POA member, that the POA knew
about it .

The Chief further stated that, however, it was
clear that the Department had not complied with
the requirements of the Consent Decree to get
active participation of all parties.

He said after several meetings with the Academy
Staff, it was concluded that to have more than
40- persons attend the class, the learning environ-
ment, along with other factors (4 cited), would
adversely be affected. Therefore, the seven white
males were withdrawn from the class. He said it
is now his intention to alleviate the situation
by having a meeting where he would be present and
that the names of all male* members, all of whom
would be present, would be.placed in a hat and, at
random, six names would be withdrawn. He continued
by saying that then those six persons would not
attend class but be given assignments within the
Department and attend the class that would commence
in January .

Commissioner Sanchez then stated that had this
information been made known two weeks ago there
might have been time to try and salvage this
issue. He said the fact that the Chief had given
an order and the order wasn't carried out is a
matter for the Chief to have an administrative
review of the Department's process and procedures
there .

He then said that most important at this point is
the fact that the Department has gone through this

- 919 -

Consent Decree and its procedures over and over
for a number of years, and that yesterday was a •
very important day in San Francisco's history as
far as the San Francisco Police Department goes,
because the Department came, out with a very crea-
tive posture about how the San Francisco Police
Department will reflect the diversity of the City
and will Rrovide quality law enforcement which,
of course, the Department has been doing and it
will be increased.

He said to have this number of persons appear,
sworn in, and then after the cermonies advise
them that the Department is sorry that they would
have to be on a holding pattern, even though they
would be on the City Payroll, because there isn't
enough room in the class for them is something he
could not understand. He said it appeared to him,
with his experience in teaching and research both
at U.C. and with the S.F. Unified School Board
and with the S.F. Community College District, many
times there were situations where there were staggered
classes, where there were ex-number of students above
and beyond the normal desired maximum ratio, but
the most important variable in the whole process is
not the physical space and the fact that you may
have three or four more students, but the attitude
of not only the teacher, but the rapport, and the
curriculum, and the evaluation and testing are
the things that should be considered.

He said that he would move that the Department in-
sure that all 46' candidates be allowed to attend
the class and that the Department review, not only
the space at the Academy, but review different sched-
uling programs in order to insure this.

Mr. Bob Barry, President;- of the SFPOA, commented
and then read an excerpt from the Consent Decree
which in essence, according to his interpretation,
meant all of the parties attend all meetings and
participate in making all decisions. He said if
they all met all the time there wouldn't be all
these delays and the above-mentioned problem would
not have occurred.

Commissioner Sanchez then amended his motion to
state only that the class be held in context with
the full compliment.

Commissioner Murphy then said she would certainly
support that with the understanding that the suggestion
of rotating and using staggered classes to provide the
necessary accommodations for the additional students
would be included in the motion. .

- 920. -

The motion was then unanimously approved,

Commissioner Siggins then stated to the Chief
that the Commission would/like to be. kept a-
breast of the matter either' through Mr, Rothman,
Dr. Trives, or any of the parties to the Con-
sent Decree.

The Commissioners j having received,
amended and returned copies of the minutes of
the meetings of October 8, 1979. and October 17,
1979, the reading of the minutes was dispensed
with and the minutes were approved.

AYES: Commissioners Murphy, Sanchez, Toler,
Sigglhs

NOT VOTING: Commissioner Ciani

RECEIPT OP PROPOSED GENERAL ORDER REGARDING
MOTOR VEHICLE FUEL AND OIL DISTRIBUTION, (COPIES
SENT TO EMPLOYEE ORGANIZATIONS) - CONTINUED TO
THE MEETING OF NOVEMBER 28, 1979.

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

RECOMMENDATION OF THE CHIE,F OF POLICE THAT THE
POLICE COMMISSION ADOPT A RESOLUTION COMMENDING
THOSE OFFICERS INVOLVED, FOR THE PERFORMANCE OF
EXEMPLARY POLICE DUTY IN THE NEUTRALIZATION OF
A SNIPER AT NINTH AND MARKET STREETS ON OCTOBER
5, 1979 AND OCTOBER 6, 1979.

Commissioner Siggins stated that the Commission
had asked the Chief to prepare an adequate letter
of Commendation for the Commission to consider
for those officers involved in the sniper inci-
dent on October 5th and 6th, 1979.

Chief Gain then suggested changing the wording
in the resolution on this matter that is now be-
fore the Commission. He said that after further
thought he would rather that the wording be, "That
the Police Commission commends the below named
officers, (to be named later), for exemplary police

- 921 -

duty in the neutralization of the sniper incident."
He then stated that after that there should be a
brief paragraph describing what that incident was.
He said if the Commission would adopt that type of
resolution then the Department would prepare the
appropriate wording so that it comes from the Com-
mission, and the Department would print numbers of
copies for distribution throughout the police de-
partment. But he said it is the Commission doing
the commending, giving the reason for it, and nam-
ing the officers. He said if the Commission can
adopt the essence of that then he would implement
it.

The motion .to do this was then made by Commissioner
Murphy and seconded by Commissioner Toler and unan-
imously approved.

RESOLUTION NO

RESOLVED, that the Police Commission hereby commends
the below named officers as recommended by
the Chief of Police for the performance of
exemplary police duty in the neutralization
of a sniper at Ninth and Market Streets on-
October 5-6, 1979.

AYES: Commissioners Toler* Sanchez, Murphy,
Siggins

NOT VOTING: Commissioner ?Ciani

Commissioner Sanchez then suggested that Officer
Henry Friedlander draft a News Release that could
go- out to all of the neighborhood newspapers, speak-
ing of this incident and subsequent Commission Com-
mendation for the officers in a brief paragraph" or two
He said the policing of this incident was a job well
done, albeit, everyone in the city knew about it,
and to hear that some constructive action was taken
and that it's disseminated* from the department, would
be most appropriate.

Chief Gain stated that that was a good idea, and
that what could be done is the Department could
take this document that is written and it could
be used as the basis for dissemination.

Commissioner Siggins then said that while the Com-
mission was on that subject he thought they should
comment Deputy Mayor Hadley Roth for his excellent
piece of journalism in connection with the Sniper
incident. Mr. Roth was also at the scene in his
official capacity with the Mayor. Commissioner
Siggins continued by saying that Deputy Mayor Roth

- 922 -

wrote a story that Roth felt had to be written,
and it was an excellent article written for the
San Francisco Examiner on the following Monday.
This article the Commissioner said, appeared to
come from the heart .

A motion was made to this effect and it was
unanimously approved.

Commissioner Sanchez
wanted to cite for t
dent of the Police C
Richard J. Siggins,
sniper incident and
with the Mayor who s
that the Commission
of this fact, as it
said, Commissioner S
away from his family
partment in that inc
into a traumatic sit

then stated that he just
he record, that the Presi-
ommission, Commissioner
was also there during the
was a key morale force along
pent many hours there and
should also be cognizant
was not mentioned, but he
iggins spent many, many hours
, on the scene with the De-
ident, which could have turned
uation.

He continued -by ^saying' that on behalf g of t the
Commission he was glad that the Commission
was so aptly represented by Commissioner
Siggins.

RESOLUTION NO. 6^9-79

RECOMMENDATION OP THE CHIEF OF POLICE THAT THE
POLICE COMMISSION ADOPT A RESOLUTION COMMENDING
THOSE OFFICERS INVOLVED, FOR THE PERFORMANCE. OF
EXEMPLARY POLICE DUTY IN THE NEUTRALIZATION OF
A SNIPER AT NINTH AND MARKET STREETS ON OCTOBER
5th AND 6th, 1979.

RESOLVED, that the Police Commission
hereby commends the below. named officers as re-
commended by the Chief of Police for the performance
of exemplary police duty in the neutralization of
a sniper at Ninth and Market Streets on October
5th and 6th, 1979.

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

- 923 -

RECOMMENDATION OP THE AWARDS COMMITTEE - APPROVED

Commissioner Sanchez then stated that he had the
option of chairing the recent Medal of Valor Awards
and that a number of these cases involved situations
whereby weapons were drawn on the men and women in
the Department and the unbelieveable amount of re-
straint that these officers have shown in crisis
situations such as these, he felt, is really to
be commended. He said all of the members of the
Awards Committee felt that this was one character-
istic that showed above and beyond, especially when
there is so much talk about various law enforcement
agencies shpoting too often, and too much, and too
little trained. He said here we have situations
where, perhaps, by all justificaitons shots could
have been fired, but they weren't, because of the.
restraint, training and dedication of the S.F.P.D.
members .

Commissioner Murphy then added that she has just
received a two volume report from Commissioner
Toule, a Los Angeles Police Commissioner, about
the shooting incidents of police In that town. She
said she responded by thanking her very much and
was grateful for this city that the SPPD had no
such occurrences, noting that this Department, in
that regard, is very fortunate.

Commissioner Sanchez then moved for approval of
the awards as listed below:

RESOLUTION NO. 650-79

RECOMMENDATION OP THE AWARDS COMMITTEE - APPROVED

RESOLVED, that the following-named members
of the Police Department, fee, and they are hereby
granted Awards of Valor-Silver Medal and Bronze
Medal, under the provisions of Section 5.119 and
5.131 of the Rules and Procedures of the San Fran-
cisco Police Department, as approved. by the Awards
Committee on Friday, November 9, 1979:

Police Officer Robert J.

Del Torre. .... .Silver Medal of Valor

Police Officer John R .

Hennessey ..... .Silver Medal of Valor

Police Officer John F. Murphy .Silver Medal of Valor

Police Officer Michael A. .

McElligott Silver Medal of Valor

- 924 -

Police Officer Richard T.

Oakes Silver Medal of Valor

Police Officer Steven R.

Silvers .•■>>.-,-. .Silver Medal of Valor

Police Officer Joaquin G.

Santos Silver Medal of Valor

Police Officer James S. • :

Sweeney. . . . . . . .Silver Medal of Valor

(Trans, to Fire Dept . ) . .

Sergeant Owen A. Kenny ...Bronze Medal of Valor

Sergeant William L. Pet rie. .. .Bronze Medal of Valor

Sergeant David R. Winn .Bronze Medal of Valor

Police Officer Anthony J.

Carreon Bronze Medal of Valor

Police Officer Ernest A.

i Ferrando Bronze Medal of Valor

Police Officer Kevin Gotchet . .Bronze Medal. of Valor

*Police Officer Richard P.

Hesselroth Bronze Medal of Valor

Police Officer Jay P. Holle .. .Bronze Medal of Valor

*Police Officer Henry L. Kirk.. Bronze Medal of Valor

Police Officer Michael D. Lee. Bronze Medal of Valor

Police Officer James E.

Ludlow Bronze Medal of Valor

Police Officer Paul F.

Makaveckas Bronze Medal of Valor

Police Officer Jeremiah W.V

Morgan. ..Bronze Medal of Valor

Police Officer Jeffrey A. ■ .-.-.. •

Morlock. ...... .Bronze Medal of Valor

Police Officer Edward B.

McDonough Bronze Medal of Valor

Police Officer Michael A.

McElligott Bronze Medal of Valor

Police Officer Mary R. Nilan. .Bronze Medal of Valor

Police Officer John C. Payne . .Bronze Medal of Valor

Police Officer Michael F.

Pearson Bronze Medal of Valor

- 925. -

Police Officer Walter L.

Pinosky Bronze Medal of Valor

Police Officer Mark A. Potter .Bronze Medal of Valor

^Awarded two Bronze Medals .of Valor

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins .

NOT VOTING: Commissioner Ciani

RESOLUTION NO. 651-79

REWARDS GRANTED TO MEMBERS OP 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
and 5.131 of the Rules and Procedures of the San
Francisco Police Department at a meeting of the
Police Commission held on Wednesday, November 14,
1979; 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)(4) of the Charter of the City and
County of San Francisco; therefore be it

RESOLVED, that Police Officers Robert J.
Del Torre, John R. Hennessey, John F. Murphy, Michael
A. McElligott, Richard T. Oakes, Steven R. Silvers,
Joaquin G. Santos, and James S. Sweeney (Trans, to
Fire Dept.) 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 Owen A. Kenny,
Sergeant William L. Petrie, Sergeant David R. Winn,
Police Officers Anthony J. Carreon, Ernest A. Ferrando,
Kevin Gotchet, Richard P. Hesselroth (awarded two
(2) Bronze Medals of Valor), Jay P. Holle, Henry L.
Kirk (awarded. two (2) Bronze Medals of Valor), Michael
D. Lee, James E. Ludlow, Paul F. Makaveckas, Jeremiah
W. Morgan, Jeffrey A. Morlock, Edward B. McDonough,
Michael A. McElligott, Mary R. Nilan, John C. Payne,
Michael F. Pearson, Walter L. Pinosky, and Mark A.
Otter, be, and they are hereby awarded Bronze Medals
of Valor, and granted a reward of $50.00 each, as pro-
vided for under said section of the Charter.

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

- 926 -

RESOLUTION NO. 652-79

STATUS REPORT IN THE MATTER OP POLICE OFFICER
ROBERT MULRY, SUPPORT SERVICES-PROPERTY CLERK'S
OFFICE. " N

WHEREAS, the status report in the matter
of Police Officer Robert Mulry ,. Support Services-
Property Clerk's Office, was called; and

WHEREAS, it was requested by Police
Officer Robert Mulry that his status report be-
fore the Police Commission be continued as he
did not receive notification until three hours
before the Police Commission meeting, and would
be unable to appear; therefore be it

RESOLVED, that the status report in
the matter of Police Officer Robert Mulry, Sup-
port Services-Property Clerk's Office, is set :
for Wednesday, November 21, 1979 at 5:30 p.m.,
in Room 551, Hall of Justice. ..,

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING:. Commissioner Ciani

SHOW CAUSE HEARING OF SERGEANT JAMES WERTZ, SUPPORT
SERVICES-COMMUNICATIONS .

The Show Cause Hearing of Sergeant James
Wertz, Support . Services-Communications, was called,
it having been set for this date. Sergeant James
Wertz was accused of violating the terms of his
probation as follows: . . *

Pursuant to Police Commission Resolution
No. 483-79, the Police Commission sustained
four charges against Sergeant Wertz for
conduct arising out of his alcohol con-
sumption. For three of these charges he
was suspended for ninety (90) calendar
days. For the other, he was terminated
as a member of the San Francisco Police
Department; however, the termination
order. was suspended under the condition
that he completely and totally abstain
from alcohol for one (1) year and attend
alcohol abuse meetings as directed by
Officer John Devine, Special Assistant
to the Chief of Police. Officer Devine
reports that Sergeant Wertz has:

- 927 -

I.- Failed to abide by the first

condition. This condition was
that he attend three Alcoholics
Anonymous meetings per week and
shall contact the Officer-in-
Charge of the Alcohol Abuse Pro-
gram daily .

in a letter to the Commission from Charles R.
Gain, Chief of Police.

Sergeant James Wertz appeared in person
and was represented by Sergeant Michael Hebel,
Attorney at Law.

Mr. Lawrence Wilson, Attorney at Law,
Legal Office, appeared as the Prosecutor for the
Police Department .

Opening statements were made by Charles
R. Gain, Chief of Police, and Sergeant Michael
Hebel, Attorney for the Defense.

The following-named witness was called
by the Prosecution, duly sworn and testified:

Police Officer John P. Devine

Special Assistant to the Chief of Police

The following-named witness was called by
the Defense, duly sworn and testified:

Sergeant James Wertz

Support Services-Communications

The following Exhibit was entered into
Evidence by the Defense:

Exhibit "A" - A letter "To Whom it May

Concern," dated November
14, 1979, from Edward C.
Powell, Business Represent-
ative, International Alliance
of Theatrical Stage Employees
and Moving Picture Machine
Operators, Local 16, re: Ser-
geant James Wertz.

Closing statements were then made by Ser-
geant Michael Hebel and Lawrence Wilson.

The Commission took the matter under sub-
mission, after which the following resolution was
adopted:

928 -

RESOLUTION NO. 653-79

DECISION - SHOW CAUSE HEARING OP SERGEANT JAMES
WERTZ, SUPPORT SERVICES-COMMUNICATIONS

■ !

WHEREAS, on November' 9, 1979, Charles
R. Gain, Chief of Police, submitted a letter to
the Police Commission informing the Commission
that Sergeant James Wertz had violated one of '
the five probationary requirements imposed upon
him at the Police Commission meeting of August 1,
1979, as follows:

1.- Attend alcohol abuse meetings as
directed by Officer Devine;

2.- Completely abstain from alcohol;

3.- Submit to sobriety test when ordered;

4.- Subject himself to daily observation
by a superior officer to determine if
he had been drinking and is sober;

5.- Have no alcoholic beverages in his
home.

These terms and conditions were re-stated
and clarified in a written agreement signed by Ser-
geant James Wertz on August 9, 1979; and

WHEREAS, the Chief requested that the
Police Commission set a hearing date on an Order
to Show Cause why the suspension of the imposition
of penalty should not be lifted, and Sergeant James
Wertz terminated pursuant* to Resolution No. 483-79;
and

WHEREAS, a hearing on this request was
had before the Police Commission pursuant to Section
8.343 of the Charter of the City and County of San
Francisco on Wednesday, November 14, 1979, and that
on Wednesday, November 14, 1979, the matter was sub-
mitted to the Police Commission for decision; and

WHEREAS, the Police Commission finds that
Sergeant James Wertz has failed to adhere to the
terms and conditions of his probation and to the
Agreement he signed August 9, 1979, by the evidence
presented at the hearing; therefore be it

RESOLVED, that it is the order of the
Police Commission that Sergeant James Wertz has

- 929 -

violated the terms and conditions of his probation,
along with the Agreement he signed August 9, 1979;
and be it further

RESOLVED, that" It is the order of the
Police Commission that for said violation, that
Sergeant James Wertz be terminated from the San
Francisco Police Department, effective at 20^5
hours Wednesday, November 14, 1-979.

Recesses taken during the hearing
of Sergeant James Wertz:

2020 hours 'to 2027 hours.
2038 hours to 2045 hours.

(The entire proceedings were
taken in shorthand form by
Hearing Reporter Linda S. Pransky,
C.S.R.)

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

CONTINUATION OF THE HEARING OF POLICE OFFICER
MICHAEL KELLY, PARK POLICE STATION '

The matter of the hearing of Police
Officer Michael Kelly, Park Police Station, was
called, it having been continued from the meeting
of November 7, 1979.

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

Mr. Lawrence Wilson, Attorney at Law,
appeared as the Prosecutor for the Police De-
partment .

The following-named witness appeared for
the Prosecution, duly sworn and testified:

Katherine Miller

4104 Seaview Drive

Los Angeles, California

Katherine Miller was represented by Amy
Oppenheimer, who was present during her testimony

- 930 -

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

Carl Yoshida, Bartender
Hearth Bar s ""•■>.-
11th Avenue & Geary Boulevard
San Francisco, California

The following Exhibit' was entered
into Evidence by the Prosecution:

Exhibit "L" - Color photograph of left
hand of: Katherine Miller,

The Commission then adjourned at 2212
hours, and the matter was continued to Wednesday,
November 21, 1979 at 1730 hours, in Room 551, Hall
of Justice.

(The entire proceedings were taken
in shorthand form by Hearing Reporter
Linda S. Pransky, C.S.R.)

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

CONTINUATION OP THE HEARING OP POLICE OFFICER
DANIEL MARR, BUREAU OF COMMUNICATIONS

The matter of the hearing of Police
Officer Daniel Marr, Bureau of Communications,
was called, it having been continued from the
meeting of November 7»- 1979.

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

Mr. Lawrence Wilson, Attorney at Law,
appeared as the Prosecutor for the Police De-
partment .

The following-named witness appeared
for the Prosecution, duly sworn and testified:

Katherine Miller

i»104 Seaview Drive

Los Angeles, California

- 931 -

Katherine Miller was represented by
Amy Oppenheimer, who was present during her
testimony .

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

Carl Yoshida, Bartender
Hearth Bar

11th Avenue and Geary Boulevard
San Francisco, California

The following Exhibit was entered into
Evidence by the Prosecution:

Exhibit "L" - Color photograph of left
hand of Katherine Miller,

The Commission then adjourned at 2212
hours, and the matter was continued to Wednesday,
November 21, 1979, at 1730 hours, in Room 551,
Hall of Justice.

(The entire proceedings were taken in
shorthand form by Hearing Reporter
Linda Pransky, C.S.R.)

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING:

Commissioner Ciani

The Commission then adjourned its meeting at
2212 hours.

- 932 -

21 NOVEMBER 1979 REGULAR MEETING

— -— .. t _ _ _^___________

The^rPolice Commission of the City
and County of San Francisco, met In their
chambers, Room 551* Hall of Justice, 850
Bryant Street, on Wednesday, November 21, 1979
at 1730 hours in regular session.

PRESENT: Commissioners Murphy, Sanchez, Toler,
Siggins

ABSENT: Commissioner Ciani

DOCUMENTS DEPT.

DEC 2 8 1979

Commissioner Siggins presiding. SAN FRANCISCO

PUBLIC LIBRARY

PRESENTATION OP AWARDS TO MR. BOB LURIE OF THE
SAN FRANCISCO GIANTS AND MR. WILLIAM DWYER OF
KNBR RADIO.

Lieutenant Frank Jordan, Crime Prevention Division,
speaking in regard to this presentation stated
that in approximately June of this year, the San
Francisco Police Department contacted' the owner
of the Giants, Mr. Robert Lurie, and also the Vice
President and General Manager of KNBR radio station,
Mr. Richard Dwyer, and asked for some assistance in
the Crime Prevention Program. He stated that they
asked for their support in crime, prevention trading
cards, the idea being that many juveniles have col-
lections of all kinds of sports heroes and they
could relate to many of the sports heroes in the
San Francisco Bay Area, so the Crime Prevention
Division asked Mr. Lurie and Mr. Dwyer if they
could provide some monetary assistance as well as
their own background support to the San Francisco
Police Department to produte the trading cards
of every single San Francisco Giant baseball player.
It was suggested that on the back of the cards there
would be a baseball tip and also included would be
a^Crime^'Prevention-message. Both organizations, he
stated, Giants and KNBR were very enthusiastic and
contributed $6,000 each and produced 900,000 of the
cards. They also pbulicized it all over the bay
area. He said 30 different police departments be-
came involved in -this particular venture and the
efforts of the Giants management and KNBR radio
were tremendously appreciated.

Commissioner Siggins then stated that this idea,
along with Mr. Lurie and Mr. Dwyer's efforts, could
be called truly a Grand Slam. He stated that they
were all kids once themselves and when a police
officer can pass out a baseball card with some base-
ball and crime prevention tips it is a really nice
thing.

'-■ 933 -

He then commended Officer Dennis
Schardt, also of the Grime Prevention Div-
ision, for coming up with the idea and con-
tinued by saying that on behalf of the Mayor
and the Commission thanked- -JVIr . Lurie and Mr.
Dwyer for their tremendous efforts in bringing
this program to fruition.

Commissioner Sanchez stated; that when you talk
about prevention you. not only talk about the
men and women in the Police Department but the
ability to relate to not only the young people,
but to the senior citizens also. He continued
by , saying that both men have been instrumental
in providing options for young and old through-
out the Baseball Season. He said he had seen
many groups from throughout the bay area, young,
senior, handicapped, who were able to go to the
park and see some outstanding games from not
just out in the bleachers but from some really
excellent seats .

He then said, again, on behalf of
the Commission that he thanked the both of them
and also thanked them on behalf of the young kids
and senior citizens for a job well done.

Commissioner Toler and Commissioner Murphy both
echoed the previous remarks made by Commissioner
Siggins and Commissioner Sanchez.

The awards (Plaques) were then presented to Mr.
Lurie and Mr. Dwyer.

RECOMMENDATION OP THE TRAFFIC BUREAU'

Commissioner Siggins stated that on the traffic
matter of the Hotel Louise that the Commission
had considered the fact that you cannot very well
operate a hotel if you do not have a white zone.

Officer William Hardeman stated that Traffic Divis-
ion Personnel had observed the activities at that
location and did not feel that at this time a
white zone would be justified.

Commissioner Murphy stated that the fact that it
isn't being used now does not mean it would not
be needed as business will certainly Increase, it
would be just a matter of time until it is used.

Commissioner Sanchez stated that he would go along

- 934 -

with Commissioner Murphy's suggestion and if
there doesn't seem to be sufficient traffic
or utilization of that zone then it could be
brought back and reconsidered.

A motion was then made by Commissioner Murphy
to grant a 22 foot white zone in front of the
Louise Hotel at 845 Bush Street, with the un-
derstanding that if it is found" within 6 or 8
months time that it is being underused, then
the white zone would be revoked, and also in-
cluded in this motion would be approval of the
revocation of the yellow zones as recommended
by the Department. . ~. .

It was seconded by Commissioner Sanchez and
unanimously approved.

RECOMMENDATION OP THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendation of
the Traffic Bureau on the installation of zon-
ing for the regulation of traffic on the public
streets, be, and the same are hereby approved:

845 BUSH STREET - HOTEL LOUISE

a) At 845 Bush Street, install a 44'
white zone, extending from 12' to
56' east of the west building line.

b) Revoke existing 44' STLZ, remove
meters BUS. 821 and 823, and 12'
yellow zone in front of 835 Bush
Street .

225-30th STREET - S.F. HOME HEALTH SERVICE

a) At 225-30th Street, install a 22'
white zone, extending from 22' to
44' east of west building line, ex-
tending present 22' white zone to
44'.

3001 SACRAMENTO STREET - SILVER FOX CLEANERS

a) At 3001 Sacramento Street, install a
22' green zone, extending from 91 to
31' west of east building line.

- 935 -

360-5th STREET ■- CENTRAL CITY HEAD START

a) At 360-5th Street, install a 22'
white zone, extending ^from 13' to
35' north of south property line.

b) Remove meter #5th-338.
l82-6th AVENUE - RICHMOND MARKET

a), At l82,-6th Avenue, install- a 22'
green zone, extending from 27' to
49' south of north building line.

206 LAGUNA STREET - GREEN GULCH GREENGROCER

a) At 206 Laguna Street, install a 22 «
yellow zone, extending from 30' to
52' south of north property line.

b) Revoke existing 22 ' green zone.
1350-43rd AVENUE - S.F.P.D.

a) At 1350-43rd Avenue, revoke existing
51' white zone, extending from 27' to
78' north of south property, line.

b) Remove school bus zone signs.

1350-^3rd AVENUE - S.F.P.D.

\
a) At 1350-43rd Avenue, revoke existing
138' white zone, extending south of
the north property line.

b) Remove school bus zone signs..

1820 CLEMENT STREET - VEGI FOOD CHINESE
VEGETARIAN - DENIED

a) At 1820 Clement Street, install a 22'
white zone, extending 22' west of east
property line. DENIED.

AYES: Commissioners Murphy, Sanchez, Toler,
NOT VOTING: Commissioner Clani

- 936 -

REVOKED

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

AYES: Commissioners Murphy, Sanchez,
Toler, Siggins

NOT VOTING: Commissioner Ciani

RESOLUTION NO. 65^-79

KING HEE ,WONG

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim of
King Hee Wong against the City and County of San
Francisco in the sum of $70.65 as the result of
damages sustained, be, and the same is hereby
approved.

AYES: Commissioners Murphy, Sanchez,
Toler, Siggins

NOT VOTING: Commissioner Ciani

RESOLUTION NO. 657-79

LOUIS M. CEJA

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of Louis M. Ceja against the City and County
of San Francisco in the sum of $528.^1 as the
result of a collision with a police vehicle, be,
and the same is hereby approved.

Date of Accident: October 29, 1979

AYES: Commissioners Murphy, Sanchez,
Toler, Siggins

NOT VOTING: Commissioner Ciani

- 937 -

'RESOLUTION NO. 658-79

ROD TETER

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of Rod Teter against the City and County of San
Francisco in the sum of $796.00 as the result
of a collision with a police vehicle, be, and
the same is hereby approved.

Date of Accident: October 4, 1979

AYES: Commissioners Murphy, Sanchez,
Toler, Siggins

NOT VOTING: Commissioner Ciani

RESOLUTION NO. 655-79

CHARLES B. JOHNSON, NAOKO JOHNSON'
AND ROBERT W. ISON AND THEIR ATTORNEY

RESOLVED, that the recommendation of the
City Attorney for settlement of litigation of Charles
B. Johnson, Naoko Johnson and Robert W. Ison and their
attorney in the sum of $1,250.00 in Superior Court
Action No. 650-832 entitled "Charles B. Johnson,
Naoko Johnson and Robert W. Ison and their attorney
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: June 30, 1972

AYES: Commissioners Murphy, Sanchez,
Toler, Siggins

NOT VOTING: Commissioner Ciani

RESOLUTION NO. 656-79
VERNIS ROSS AND HIS ATTORNEY

RESOLVED, that the recommendation of
the City Attorney for settlement of litigation

- 938 -

of Vernis Ross and his attorney in the sum of
$3,000.00 in Superior Court Action No. 735-548
entitled "Vernis Ross and his attorney 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: June 30, 1972

AYES: Commissioners Murphy, Sanchez,
Toler, Siggins

NOT VOTING: Commissioner Ciani

RESOLUTION NO. 659-79

POLICE NARCOTIC FUND ,- APPROVED

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 $6,000.00 charging same to Firm No. 355081
2010 133 01 as an advance on the Police Narcotic
Fund for the month of November, 1979.

AYES: Commissioners Murphy, Sanchez,
Toler, Siggins

NOT VOTING: Commissioner Ciani

RESOLUTION NO. 660-79

POLICE CONTINGENT FUND --APPROVED

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 $4,000.00 charging same to Firm No. 355081
2010 132 01 as an advance on the Police Contingent
Fund for the month of November, 1979.

AYES: Commissioners Murphy, Sanchez,
Toler, Siggins

NOT VOTING: Commissioner Ciani

- 939 -

RESOLUTION NO. 661-79

TRAVEL EXPENSE VOUCHERS /-APPROVED

■"vv

RESOLVED, that the Traveling Expense
Vouchers submitted by the following-named members
of the Police Department for expenses incurred
in; attending the below-indicated program, be,
and the same are hereby approved:

Lieutenant Lionel Hess,
Southern Station

Lieutenant George Lockhart,
Mission Station

Lieutenant Robert Kafka,
Southeast Station

Lieutenant Lewis Werle,
Support Services

$632.00 (At a Middle
each (Management Train-
ing Course at San
(Diego, California,
(from September 24,
(1979 to October 5,
(1979, inclusive.

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING:

Commissioner Ciani

RESOLUTION NO. 662-79

TRAVELING EXPENSE VOUCHERS - APPROVED

* RESOLVED, that the Traveling Expense
Vouchers submitted by the following-named members
of the Police Department flor expenses incurred in
attending the below-indicated program, be, and
the same are hereby approved:

Lieutenant John Jordan) $490.00
Investigations . ) Each

)
Inspector Ora Guinther)
Investigations )

(At the National
(Homicide Symposium
(at San Diego, Calif-
ornia, from October
(22, 1979 to October
(26, 1979, inclusive,

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING:

Commissioner Ciani

- 9^0 -

RESOLUTION NO. 663-79

TRAVELING EXPENSE VOUCHERS - APPROVED

*"*->. v
RESOLVED, that the Traveling Expense
Vouchers submitted' by the following-named mem-
bers of the Police Department for expenses in-
curred in attending the below-indicated program,
be;, and the same is hereby Approved:

Police Officer George) $528.00 (At a Narcotics In-

Hood, Vice Crimes^ ) each (vestigators Course

Narcotics ) :(at Sacramento, Cal-

) (ifornia, from Octo-

Police Officer Samuel) (ber lka 1979 to Octo-

R. Osborne, Vice ) (ber 26, 1979, in-

Crimes-Narcotics ) (elusive.

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

RESOLUTION NO. 664-79

AUTHORIZING ATTENDANCE OP DR. MIMI H. SILBERT,
TRAINING CONSULTANT, LIEUTENANT RICHARD D. KLAPP
AND SERGEANT MICHAEL S. HEBEL, PERSONNEL AND
TRAINING, AT THE BASIC COURSE REVISION CONSOR-
TIUM WORKSHOP AT SACRAMENTO, CALIFORNIA, FROM
NOVEMBER 27, 1979 TO NOVEMBER 29, 1979, INCLUSIVE.

RESOLVED, that the recommendation of
the Chief of Police that Dr. Mimi H. Silbert,
Training Consultant, Lieutenant Richard D. Klapp
and Sergeant Michael S. Hebel, Personnel and
Training, be detailed to attend the Basic Course
Revision Consortium Workshop at Sacramento, Cal-
ifornia, from November 27, 1979 to November 29,
1979, inclusive, be, and the same is hereby ap-
proved; and be it further

RESOLVED, that the expenses ' incurred
by Dr. Silbert, Lieutenant Klapp and Sergeant
Hebel, in a sum not to exceed $92.00 each, will
be defrayed by the San Francisco Police Depart-
ment's Police Officers' Training Fund.

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

- 941 -

RESOLUTION NO. 665-79

AMENDING SUPPLEMENTAL APPROPRIATION RESOLUTION
NO. 585-79 TO INCREASE fcXRENSES FOR EACH SEMI-
NAR TO A MAXIMUM OP $10,500* FROM THE ORIGINAL
REQUEST OF $7,500 FOR TRAINING OF li|0 FIELD
TRAINING OFFICERS INSTEAD OF 120

REQUEST FOR A SUPPLEMENTAL APPRORPIATION TO
INCREASE EXPENSES FOR EACH SEMINAR TO A MAX-
IMUM OF $10,500. '

RESOLVED, that the Police Commission
hereby approves the request to increase expenses
for each seminar to $10,500 in order to provide
for the additional volume of trainees.

AYES: Commissioners Murphy, Sanchez,
Toler, Siggins

NOT VOTING: Commissioner Ciani

CHIEF'S REPORT TO THE POLICE COMMISSION

Deputy Chief DeAmicis stated that there was no
Chief's Report tonight.

CoTnmlss loner Siggins then asked fbr information
regarding a sale of some Department Motorcycles
that the Department was supposed to answer for
him. He said Supervisor Molinari wanted him to
answer the questions but since he had not re-
ceived the response he was unable to do so.

Deputy Chief DeAmicis stated that he did remem-
ber the Commissioners request and that he would
make sure the Commissioner receives it next week,

Commissioner Sanchez stated that he had inquired
in the last few weeks about the utilization of
the surplus vespas and found that the Department
has already turned in a significant number of ves-
pas and that they had been sold. He said it was
his understanding that if there were other city
agencies that had needs for this, such as their
utilization by the Environmental Officers, that
they would be ideal for their use.

Deputy Chief DeAmicis said that that question
was relative to material in the Chief's written
reports in the binders wherein a report on that
subject stated that the Department gave the ves-
pas to the various other para-police units of the
city.

- 942 -

Commissioner Sanchez then stated that the
Environmental Officers were down 50% of their
allowed compliment of personnel. He stated
that he was wondering what the time frame
was as far as getting the.se positions filled?

Deputy Chief DeAmicis stated that he would
have that' information at the next meeting,
bu|; did feel, he stated, that some of those
positions were CETA funded and because of
the cut in the CETA Program, this had created
vacancies of which he was now speaking.

Commissioner Sanchez then stated that he won-
dered how the first week of the Academy went
with the full compliment of officers in atten-
dance?

Deputy Chief DeAmicis stated that a report from
Captain Shannon is that all is going quite well
with the full compliment of 46 officers in atten-
dance.

Commissioner Murphy then asked if the Depart-
ment had received replacements for the CETA
employees lost in the last few months?

Deputy Chief DeAmicis stated no, that we had
only gotten partial replacements, and when
they are replaced they are only going to be
replaced on a 4/4 plan, which means work four
and go to training school four hours.

The Commissioners, having received,
amended and returned copies of the minutes of
the meeting of October 24,^ 1979, reading of
same was dispensed with and the minutes were
approved.

AYES: Commissioners Murphy, Sanchez,
Toler, Siggins

NOT VOTING: Commissioner Ciani

TWO SERVICE FOR THE SAN FRANCISCO POLICE DEPARTMENT

Commissioner Siggins stated that the Commission
recognized the fact that there is an emergency as
far as abandoned vehicles are concerned in San

-■9*13 -

Francisco, in accordance with a report sub-
mitted by Commander Seghy two weeks ago. He
then asked if there was anyone from the Depart-
ment to speak to this issue.

v-^v' ■■•■■••

Mr. Lawrence Wilson stated that .Mr. Byrne, who
prepared the resolution, was not present tonight
but had briefed him on the subject. He then ex-
palined the various legal ramifications of the pro-
posed resolution.

Commissioner Murphy stated that she did not under-
stand the resolution in that the Department as
stated therein could take it on its own to go
about towing vehicles in a manner it deemed appro-
priate. She said she felt it should request the
Board of Supervisors to give the Commission some
tools with which to remove these unsightly vehicles
from the city streets. She stated that it seemed
to her that it would be necessary to have a resolve
in there that the Department will continue with its
present plan as best as it can, which doesn't really
solve the matter, and the second thing would be to
go- to the Board of Supervisors and ask them for the
wherewithall in order to solve the problem permanent-
ly. She said she would like to move that the Depart-
ment prepare a resoluition like that for next, week
to be considered at that time.

Commissioner Siggins agreed and stated that it
should be pointed out to Commander Seghy that the
Commission is ready to vote on some kind of an
emergency measure. He stated that he would like
to have, at next week's meeting, ' some of the people
whQ know something about this problem. He said he
didn't think the Commission should be discussing
this matter in a vacuum. He said the Commission
wants to know what is being done, if the Purchaser
of Supplies has been working on this issue, and if
there is anything the Commission can do to help
move it along. ^

The matter was then continued for one week.

RESOLUTION NO. 666-79

REQUEST FOR A SUPPLEMENTAL RE-APPROPRIATION FOR
HOLIDAY PAY.

RESOLVED, that the Police Commission
hereby approves a request for a Supplemental Re-
appropriation in the amount of $86, 23^ which will
be used to provide funds for holiday pay for sworn

- 944 -

and civilian members of the Department.

AYES: Commissioners Murphy, Sanchez,
Toler, Siggins

NOT VOTING: Commissioner Ciani

BOB BARRY

The Commission then acknowledged SPPOA President,
Mr. Bob Barry's request to address the Commission.

Mr. Barry stated that Supervisor Gordon Lau has
asked him to present a commendation to the Police
Department and apologized for not being able to
be present at the Commission Meeting tonight. Mr.
Barry continued by saying the Commendation was
dated October l6th, 1979, and that it had just
come out of the paper work shuffle at City Hall.
He then read its contents which were as follows:
"COMMENDATION, be it known that at the meeting of
the Board of Supervisors held on Tuesday, October
9, 1979, on motion by Supervisor Gordon J. Lau, unan-
imously adopted by the Board the following Commenda-
tion was authorized: "Hostage Negotiation Team
San Francisco Police Department; In grateful recog-
nition of the dedicated, tireless and highly pro-
fessional work demonstrated by the team which re-
sulted in the capture of an extremely dangerous
criminal who had taken a hostage and fired many
bullets from the State Compensation Insurance Fund
Building on Market Street endangering the lives of
many persons in the area. Their efforts reflected
great credit on the Team on the Police Department
and on the City and County of San Francisco."

Mr. Barry then presented it to Commissioner
Siggins . s

Commissioner Siggins on behalf of the Commission
thanked Supervisor Gordon Lau.

Deputy Chief DeAmicis then stated that he would
see that there is wide distribution of this com-
mendation to the members of the Department.

RESOLUTION NO. 667-79

STATUS REPORT IN THE MATTER OF POLICE OFFICER
ROBERT C. MULRY, SUPPORT SERVICES-PROPERTY CON-
TROL DIVISION.

WHEREAS, the hearing of Police Officer

- 945 -

Robert C. Mulry, Support Services-Property
Control; Division, was called; and

WHEREAS, Stephen- Bruce Bley, Attorney
at Law, who is representing Police Officer Robert
C. Mulry, Support Services, Property Control Divi-
sion, has requested that the hearing before the
Police Commission be set for Wednesday, January
2, !1980; therefore be it ;

RESOLVED, that the date for the hear-
ing of the charges filed against Police Officer
Robert C. Mulry, Support Services, Property Con-
trol Division, is set for Wednesday, January 2,
1980 at 5:30 p.m., in Room 551, Hall of Justice.

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NOT VOTING: Commissioner Ciani

CONTINUATION OP THE HEARING OF POLICE OFFICER
MICHAEL KELLY, PARK POLICE STATION

The matter of the hearing of Police
Officer Michael Kelly, Park Police Station, was
called, it having been continued from the meet-
ing of November 14, 1979. ■

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

Mr. Lawrence Wilson, Attorney at Law,
appeared as the Prosecutor* for the Police De-
partment .

The following-named witness appeared
for the Prosecution, duly sworn and testified:

Sergeant Robert Dennison
Internal Affairs Bureau

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

Lieutenant Diarmuid Philpott
Vice Crimes Division

- 946 -

Police Officer Daniel Marr
Support Services-Communications

Closing statements were then made by
Mr. Stephen Bruce Bley and 'Mr. Lawrence Wilson.

The Commission took the matter under
submission after which the following resolution.
was adopted:

RESOLUTION NO. 668-79

DECISION - HEARING OP POLICE OFFICER MICHAEL
KELLY, PARK POLICE STATION ' '

WHEREAS, on May 2, 1979, Charles R.
Gain, Chief of Police, made and served charges
against Police Officer Michael Kelly, as follows

SPECIFICATION NO,

a) At all times mentioned herein

Officer Michael Kelly was, and now
is, a police officer employed by
the City and County of San Fran-
cisco and assigned to the Vice
Crimes Division;

b) On March 30 and 31, 1979, the ac-
cused and several other men were
passengers on a motorized cable
car which arrived at the vicinity
of Geary Boulevard and 11th Avenue
in the City and County of San Fran-
cisco at about midnight;

c) Shortly after midnight, in the early
morning hours of March 31, 1979, a
group of men including the accused
walked to a bar named "Peg's Place"
on Geary Boulevard between 11th and
12th Avenues. As the group approached
Peg's Place, members were drinking
beer and members stated words to the
following effect: "let's go to Peg's
Place; let's get the dikes.";

d) When the group of men including the
accused reached Peg's Place, they
were told by an employee thereof
that they could not enter because
of their intoxicated condition and

- 9^7 -

because they refused to pay the
cover charge. One of the members
of the group said to the employee
words to the following effect: "We
are the "police; we can do any damn
thing we want to do." The employee
was able to close and lock the door
with the group oi" men outside;

e) Thereafter, the door was reopened to
admit known patrons; at this time
the accused and another man entered
the bar;

f) The aforesaid conduct and the fact
that the accused is a member of the
San Francisco Police Dpartment has
become known to members of the gen-
eral public;

g) By participating in the aforesaid
conduct, the accused violated Sec-
tion 2.13 of the Rules and Procedures
of the San Francisco Police Depart-
ment which states:

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 prejudicial
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 unof ficerlike
conduct triable and punishable by the
Board."

SPECIFICATION NO

a) Paragraph (a) of Specification No. 1
is incorporated by reference as if
fully stated;

b) Shortly after midnight, in the early
hours of March 31, 1979, the accused
entered a bar known as"Peg's Place" in
the City and County of San Francisco;

- 948 -

c) By using excessive force on the

person of another as aforesaid, the
accused violated Section 2.13 of the
Rules and Procedures of the San
Prancisc© Police Department which
states:

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 pre-
judicial to the efficiency and dis-
cipline of the department, though
such offenses are not specifically
defined or laid down in these Rules
and Procedures shall be considered
unofflcerlike conduct triable and
punishable by the Board."

SPECIFICATION NO. 4

a) Paragraphs (a) through (c) of Speci-
fication No. 2 are incorporated by
reference as though fully stated;

b) On April 5, "1979, the accused was
interviewed concerning his conduct
at Peg's Place on March 31, 1979, by
an investigator of the San Francisco
Police Department Internal Affairs
Bureau, who had been assigned by law-
ful authority to investigate the in-
cident at Peg's Place;

c) In the course of this interview the
accused stated that Erlinda Symaco
pushed and hit him before he used
any force on her;

d) The aforesaid statement by the ac-
cused was untruthful;

e) By making said untruthful statement
the accused violated Section 2.^9
of the Rules and Procedures of the
San Francisco Police Department
which states:

-9^9 -

2.49 - "Shall, when called upon by a
superior officer, or by one specially
assigned by lawful authority to con-
duct an ^investigation involving police
matters^" or -any matter affecting the
conduct of a member or members, truth-
fully answer all questions propounded.
All reports, statements and declarations
made orally, or .in writing in the fore-
going matters shall contain the truth
without evasion."

and

WHEREAS, hearings on said charges were had
before the Police Commission pursuant to Section
8.343 of the Charter of the City and County of San
Francisco on Monday, September 10, 1979-, Monday, Sep-
tember 27, 1979, Monday, October 8, 1979, Wednesday,
November 7, 1979, Wednesday, November 14, 1979, Wed-
nesday, November 21, 1979, and that on Wednesday,
November 21, 1979, 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 Kelly, as contained in Specifications
No. 1, No. 2, and No. 3, are sustained by "the evidence
presented at the hearing and that Police Officer Michael
Kelly violated Section 2.13 of the Rules and Procedures
of the San Francisco Police Department; and

WHEREAS, the Police Commission finds that
the said charges made and filed against Police Officer
Michael Kelly as contained in Specification No. 4 are
sustained by the evidence presented at the hearing and
that Police Officer Michael Kelly violated Section 2.49
of the Rules and Procedures of the San Francisco Police

Department; and be it further

RESOLVED, that it is the order of the Police
Commission that Police Officer Michael Kelly has vio-
lated Specification No. 1, Section 2.13, Specification
No. 2, Section 2.13, 2nd Specification No. 3, Section
2.13 of the Rules and Procedures of the San Francisco
Police Department; and be it further

RESOLVED, that it is the order of the Police
Commission that Police Officer Michael Kelly has vio-
lated Specification No. 4, Section 2.49 of the Rules
and Procedures of the San Francisco Police Department;
therefore be it

RES0L¥ED, that it is the order of the Police

950 -

Commission that for violation of Specification
No. 1, Section 2 .13,, Specification No. 2, Sec-
tion 2.13, and Specification No. 3, Section
2.13 of the Rules and Procedures of the San
Francisco Police Department, Police Officer
Michael Kelly be suspended for sixty (60) cal-
endar days without pay; and be it further

RESOLVED, that "it is the order of
the Police Commission that for violation of
Specification No. 4, Section 2.49 of the Rules
and Procedures of the San Francisco Police De-
partment, Police Officer Michael Kelly be sus-
pended for thirty (30) calendar days without
pay, and be it further

RESOLVED, that it is the order of the
Police Commission that the above suspensions are
to run eonsecutt;Ve4.yi.< - 3 commencing at 0001
hours, "Thursday, November 22, 1979 to Tuesday,
February 19, 1980 at 2400 hours.

(The entire proceedings were
taken in shorthand form by
Hearing Reporter Linda
Pransky, C.S.R. )

AYES: Commissioners Sanchez, Toler, Siggins

VOTED FOR TERMINATION: Commissioner Murphy

NOT VOTING: Commissioner Ciani

CONTINUATION OF THE HEARING OF POLICE OFFICER
DANIEL MARR, SUPPORT SERVICES-COMMUNICATIONS
DIVISION . . ' ■

The matter of the hearing of Police
Officer Daniel Marr, Support Services -Communi-
cations Division, was called, it having been
continued from the meeting of November 14, 1979

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

Mr. Lawrence Wilson, Attorney at Law,
appeared as the Prosecutor for the Police De-
partment .

The following-named witness appeared
for the Prosecution, duly sworn and testified:

- 951 -

Sergeant Robert Dennison
Internal Affairs Bureau

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

Lieutenant Diarmuid Philpott
i Vice Crimes Division :

Police Officer Daniel Marr
Support Services-Communications
Division -:

Closing statements were then made by
Mr. Stephen Bruce Bley and Mr. Lawrence Wilson.

The Commission took the matter under
submission, after which the following resolution

was adopted:

RE S 0 LUTION NO. 669-79

DECISION - HEARING OP POLICE OFFICER DANIEL MARR,
SUPPORT SERVICES-COMMUNICATIONS DIVISION

WHEREAS, on April 23, 1979, Charles R,
Gain, Chief of Police, made and served charges
against Police Officer Daniel Marr, as follows:

SPECIFICATION NO. 1

a) At all times mentioned herein,
the accused was and now is, a
police officer employed by the
City and County of San Francisco;

b) At approximately 0010 hours on

Saturday, March 31, 1979, Officer
Daniel Marr who was off duty and
in civilian clothes at the time,
approached a bar located at 4737
Geary Street in San Francisco known
as "Peg's Place;"

c) Officer Marr and others sought en-
trance to the bar and were refused
by the doorperson, one Arlene Levine,
who informed them that they could
not enter the bar with beer containers
and that in her opinion, they were too
drunk to enter;

- 952 -

d) In response to this refusal,
Officer Marr stated to Ms.
Levine words similar in effect
to: "We are the cops and can
do what we damn well please;"

e) Officer Marr continued to seek
entrance by attempting to force
his way past; the- door person, and
was physically restrained from
entering by Ms. Levine who in-
structed the bartender to notify
the police;

f) Officer Marr then stated again

words similar in effect to: "We
are the police.";

g) This conduct in seeking to force
entrance to the bar while announc-
ing that he was a police officer
was conduct unbecoming an officer
which brought discredit upon the
San Francisco Police Department
and is in violation of Section
2.13 of the Rules and Procedures
of the San Francisco Police De-
partment, which states:

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 pre-
judicial to the efficiency and
discipline f>f the department, though
such offenses are not specifically
defined or laid down in these Rules
and Procedures shall be considered
unofficerlike conduct triable and
punishable by the Board."

SPECIFICATION NO

a) Each and every allegation in para-
graphs (a) through (f) of Specifi-
cation No. 1 is incorporated by
reference as if each such allegation
was fully stated;

- 953 -

b) After being refused entrance,
Officer Marr left Peg's Place
and went to another bar, the
Hearth, a short distance away;

c) The accused remained there only
a short time andl then returned
to Peg's Place, where he entered
and sat or stood at the bar;

d) At the time of the return of
Officer Marr to Peg's Place,
uniformed, on-duty officers of
the San Francisco Police De-
partment had arrived and were
present within and without the
bar;

e) Officer Marr was identified by
Arlene Levine to Officer Robert ;
Gin, who had reported to the
scene, as the man who had struck
her while seeking entrance to the
bar and by Erlinda Symaco (also
referred to as "Linda" Symaco)
as the man who started all the
trouble;

f) Officer Gin then approached Officer
Marr and spoke to him, requesting
that he leave the bar, to which
Officer Marr resp.onded with words
to this effect: "I know and I don't
give a fuck what kind of a bar this
is, I want a beer.";

These profane words in response to
the lawful order of a fellow officer
and in the ^presence of other persons
was conduct unbecoming, an officer
which brought disrepute upon the
Department and is in violation of
Section 2.13 of the Rules and Pro-
cedures of the San Francisco Police
Department, which states:

2.13 - "Any breach of the peace, neg-
lect of duty, misconduct or any con-
duct 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 de-
partment or any member thereof or that
is prejudicial to the efficiency and
discipline of the department, though

- 954 -

such offenses are not specifi-
cally defined or laid down in
these Rules and Procedures shall
be considered unofficerlike con-
duct triable and punishable by
the Board."

SPECIFICATION NO

a) Each and every allegation in para-
graphs (a) through (f) of Speci-
fication No. 1 and paragraphs (a)
through (f) of Specification No. 2,
is incorporated by reference as if
each such allegation was fully
stated: j

b) In response to the order of Officer
Gin to leave the bar, Officer Marr
began to follow Officer Gin out : of
the bar;

c) In the course of following Officer
Gin out of the bar, Officer Marr
turned and spoke in a threatening
manner to Arlene Levine words to the
effect: "I'm going to get you, bitch.";

d) This conduct is threatening and

speaking profanely to a citizenv,;
was conduct unbecoming an officer
which' brought disrepute upon the
Department and is in violation of
Section 2.13 of the Rules and Pro-
cedures of the San Francisco Police
Department, which states:

2.13 - "Any breach of the peace, neg-
lect of duty, misconduct or any con-
duct 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 de-
partment or any member thereof or that
is prejudicial 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
unofficerlike conduct and triable by
the Board."

SPECIFICATION NO

a) Each and every allegation in para-
graphs (a) through (f) of Specifi-
cation No. 1, paragraphs (a) through
(f) of Specification No. 2 and para-
graphs (a) through (c) of Specification
No. 3, is incorporated by reference
as if each such allegation was fully

- 955 -

stated:

b) While following Officer Gin out
of the bar, Officer Marr turned,
and after speaking to Arlene Levine
the words alleged in paragraph (c)
of Specification' No . 3, struck or
shoved Ms. Levine in the chest in
a forceful manner without lawful
justification;

c) This conduct in using force and
violence upon a citizen without
lawful justification did constitute
a breach of the peace and is conduct
unbecoming an officer in violation
of Section 2.13 of the Rules and
Procedures of the San Francisco
Police Department, which states:

2.13 - "Any breach of the peace/ neg-
lect of duty, misconduct or any con-
duct 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 de-
partment or any member thereof or that
is prejudicial to the efficiency and
discipline of the department, though
such offenses are not specifically de-
fined or laid down in these Rules and
Procedures shall be considered unofficer-
like conduct triable and punishable by
the Board."

SPECIFICATION NO. 5

a) Each and every allegation is paragraphs
(a) through^ (f) of Specification No. 1,
paragraphs (a) through (f) of Specifi-
cation No. 2, paragraphss (a) through
(c) of Specification No. 3» and para-
graphs (a) and (b) of Specification No.
4; is incorporated by reference as if
each such allegation was fully stated;

b) After speaking to, and shoving, Mrs.

Levine, Officer Marr continued to leave
the" bar through double doors located
at the entrance to' the bar;

c) Owner Erlinda Symaco was standing near-
by and, in response to the shoving of
Mrs. Levine, began to follow Officer
Marr out of the door;

- 956 -

d) Officer Marr knowingly and delib-
erately slammed the door or doors,
behind him, catching between the
doors the upper portion of the
right arm of Ms. Symaco;

e) This conduct in using force and
violence upon a citizen without
lawful justification did consti- .
tute a breach of the peace and is
conduct unbecoming an officer in
violation of Section 2.13 of the
Rules and Procedures of the San
Francisco Police Department, which
states:

2.13 - "Any breach of the peace, neg-
lect of duty or any conduct on the
part of any member either within or
without the state which tends to sub-
vert the good order, efficiency or
discipline of the department or which
reflects discredit upon the department
or any member thereof or that is pre-
judicial to the efficiency and disci-
pline of the department, though such
offenses are not specifically defined
or laid down in these Rules and Pro-
cedures shall be considered unofficer-
like conduct triable and punishable
by the Board."

SPECIFICATION NO. 6

a) Each and every allegation in para-
graphs (a) through (f) of Specifi-
cation No . 2 is incorporated by re-
ference as if each such allegation
was fully stated:

\ 1

b) When interviewed by an officer from
the Internal Affairs Bureau assigned
by lawful authority to investigate
his conduct on the morning of March
31, 1979, Officer Daniel Marr denied
that, in speaking with Officer Gin,
he made the statement as hereinbe-
fore alleged, to this effect: "I know
and I don't give a fuck what kind of

a bar this is, I want a beer.";

c) In denying he made this or a simi-
lar worded statement, Officer Daniel
Marr was being untruthful and is in
violation of Section 2.^9 of the
Rules and Procedures of the San Fran-
cisco Police Department, which states:

- 957 -

2.49 - "Shall, when called upon
by a superior officer, or by one.
specially assigned by lawful author-
ity to conduct an Investigation in-
volving^police matters, or any mat-
ters affecting the conduct of a mem-
ber or members, truthfully answer
all questions propounded. All re-
ports, statements and declarations
made orally, or "in writing in the
foregoing matters shall contain the
truth without evasion."

SPECIFICATION NO. 7

a) Each and every allegation in para-
graphs (a) through (c) of Specifi-
cation No. 3 is incorporated by re-
ference as if each such allegation
was fully stated:

b) When interviewed by an officer from
the Internal Affairs Bureau assigned
by lawful authority to investigate
his conduct on the morning of March
31, 1979, Officer Daniel Marr denied
that he made the threat to Ms. Levine
as hereinbefore alleged with words to
this effect: "I'm going to get you,
bitch.";

c) In denying he made this or a similarly
worded statement, Officer Daniel Marr
was being untruthful and is in viola-
tion of Section 2.49 of the Rules and
Procedures of the San Francisco Police
Department, which states:

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 con-
duct of a member or members, truthfully
answer all questions propounded. All
reports, statements and declarations
made orally, or in writing in the fore-
going matters shall contain the truth
without evasion."

SPECIFICATION NO. 8

a) Each and every allegation in paragraphs
(a) and (b) of Specification No. 4 is
incorporated by reference as if each

- 958 -

such allegation was fully stated:

b) When interviewed by an officer from
the Internal Affairs Bureau assigned
by lawful authority to investigate
his conduct on the morning of March
31, 1979, Officer Daniel Marr denied
that he struck or shoved in a force-
ful manner Ms. Levine in the chest
as hereinbefore alleged;

c) In denying that he committed this

act, Officer Marr was being untruthful
and is in violation of Section 2.49
of the Rules and Procedures of the
San Francisco Police Department, which
states:

2.49 - "Shall, when called upon by a
superior officer, or by one specially
assigned by lawful authority to Con-
duct an investigation involving police
matters, or any matter affecting the
conduct of a member or members, truth-
fully answer all questions propounded.-
All reports, statements and declarations
made orally, or in writing in the fore-
going matters shall contain the truth
without evasion."

and

WHEREAS, hearings on said charges were, had
before the Police Commission pursuant to Section 8 . 3^3
of the Charter of the City and County of San Francisco
on Monday, September 10, 1979, Monday, September 27,
1979, Monday, October 8, 1979, Wednesday, November
7, 1979, Wednesday, November 14, 1979, Wednesday, No-
vember 21, 1979, and that on Wednesday, November 21,
1979, 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
Daniel Marr as contained in Specification Nos. 1 through
5 are sustained by the evidence presented at the hear-
ing and that Police Officer Daniel Marr violated Sec-
tion 2.13 of the Rules and Procedures of the San Francisco
Police Department; and

WHEREAS, the Police Commission finds that
the said charges made and filed against Police Officer
Daniel Marr as contained in Specifications Nos . 6
through 8, are sustained by the evidence presented
at the hearing and that Police Officer Daniel Marr

- 959 .-

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 Police Officer Daniel Marr
has violated Specifications Nos '. 1 through 5, vio-
lation of Section 2.13 of the Rules and Procedures
of 'the San Francisco Police < Department ; and be it
further

RESOLVED, that it is the order of the
Police Commission that Police Officer Daniel Marr
has violated Specifications Nos. 6 through 8, Sec-
tion 2.49 of the Rules and Procedures of the San
Francisco Police Department; and be it further

RESOLVED, that it is the order of the
Police Commission that for violation of Specifi-
cations Nos. 1 through 5, Section 2.13 of the Rules
and Prcedures of the San Francisco Police Department,
Police Officer Daniel Marr shall be suspended for
sixty (60) calendar days without pay; and be it
further

RESOLVED, that it is the order of the
Police Commission that for violation of Specifi-
cations Nos. 6 through 8, Section 2.49 of the
Rules and Procedures of the San Francisco Police
Department, Police Officer Daniel Marr shall be
suspended for a period of thirty (30) calendar
days without pay; and be it further

RESOLVED, that it is the order of the
Police Commission that the above suspensions are to
run-QQns@c.utii:yelyiy commencing at 0001 hours, Friday,
November 23, 1979 to Wednesday, February 20, 1980
at 2400 hours.

(The entire proceedings were taken
in shorthand form by Hearing Reporter
Linda S. Pransky, C.S.R.)

AYES: Commissioners Sanchez, Toler, Slggins

VOTED FOR TERMINATION: Commissioner Murphy

NOT VOTING: Commissioner Ciani

The Commission then adjourned its meeting at
2210 hours.

960 -

2 8 NOVEMBER 1979 REGULAR MEETING

The-- Police Commission of the City
and County of^San Francisco met in their
chambers, Room 5515 Hall of Justice, 850
Bryant Street, on Wednesday, November 28,
1979 at 1730 hours, in regular session.

PRESENT: Commissioners Murphy, Sanchez, Toler, .
Siggins

ABSENT: Commissioner Ciani

JAN 2 4 1980

Commissioner Siggins presiding.

RECOMMENDATION OP THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendation 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:

192 6 LOMBARD STREET - ROMA ITALIANA DELICATESSEN

a) At 1926 Lombard Street, install a 22*

green zone, extending from west property
line 22' east of same.

8 34 MISSION STREET - ROBERTS FURNITURE CO

a) At 834 Mission Street, install a 22'

yellow zone, extending 22' north from
south building line.

b) Remove meter MIS 8 3 ^ •

1616-lbth STREET - DEPENDABLE FURNITURE

a) At I6l6-l6th Street, install a 40'
yellow zone, extending from east
property line 40' west of same.

1938 SCOTT STREET - DR. FLOHR

a) At 1938 Scott Street, install a 22'
white zone, extending from south
property line 22' north of same.

- 961 -

2 437 BRYANT STREET - BRYANT ELEMENTARY SCHOOL

a) At 2437 Bryant Street, install a 44'
white zone, extending 44* south of
north property line.

b) Sign to be posted "School Bus Zone 7 A.M./
5 P.M.

10 34 YORK STREET - BRYANT ELEMENTARY SCHOOL -'DENIED

a) At 1034 York Street, install a 22'
yellow zone, extending from 22' to
44' south of north property line. DENIED

1450 GRANT AVENUE - LERNER'S COMEDY CLOSET

a) At 1450 Grant Avenue, install a 22 »

white zone, extending from north property
line 22' south of same.

b) Place sign on meter #GRA 1424 "Passenger
Loading Zone 5 P.M/2 A.M.

32 9 FULTON STREET - NEW ALDEN HOTEL

a) At 329 Fulton Street, install a 22'

white zone, extending from west property
line 22' east of same.

b) Revoke existing 23' yellow zone, extend-
ing from 4' to 27' east of west property
line .

1599 SANCHEZ STREET - NOE VALLEY COMMUNITY STORE

a) At 1599 Sanchez Street, revoke existing
24' green zone, extending from 3' to 27'
north of 29th Street.

1599 SANCHEZ STREET - NOE VALLEY COMMUNITY STORE

a) At 1599 Sanchez Street, install a 24'
yellow zone, extending from 3' to 27'
north of 29th Street.

398-29th STREET - NOE VALLYE COMMUNITY STORE

a) At 398-29th Street, revoke existing 22'
yellow zone, extending from 27' to 49'
east of west property line.

- 962 -

1919 SILVER AVENUE - PELTON JR. MIDDLE HIGH

DENIED

a) At 1919 Silver Avenue, Install a 90'

white zone, extending from 16' to 106'
west of Conkling. DENIED.

AYES: Commissioners Murphy, Sanchez,
Toler, Siggins

NOT VOTING: Commissioner Ciani

REVOKED

RESOLVED, that the recommendation of
the Traffic Bureau on the revocation of 69 feet
of yellow and green zones, at the parts of the
City, at the locations submitted, be, and the
same are hereby approved.

AYES: Commissioners Murphy, Sanchez,
Toler, Siggins

NOT VOTING: Commissioner Ciani

RESOLUTION NO. 670-79

VALERIE ALLEN AND HER ATTORNEY

RESOLVED, that the recommendation of
the City Attorney for settlement of litigation
of Valerie Allen and her attorney in the amount
of $2,000.00 in Superior Court Action No. 738-
968 entitled "Valerie Allen and her attorney 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: March 19, 1979

AYES: Commissioners Murphy, Sanchez,
Toler, Siggins

NOT VOTING: Commissioner Ciani

- 963 '-

RESOLUTION NO. 671-79
LINDA COOK AND HER ATTORNEY

RESOLVED, that the recommendation
of the City Attorney for settlement of litigation
of Linda Cook and her attorney in the amount of
$1,000.00 in Superior Court Action No. 738-968
entitled "Linda Cook and her attorney 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: March 19, 1979

AYES: Commissioners Murphy, Sanchez,
Toler, Siggins

NOT VOTING: Commissioner Ciani

RESOLUTION NO. 672-79

YOLANDA CUNNINGHAM AND HER ATTORNEY

RESOLVED, that the recommendation of
the City Attorney for settlement of litigation
of Yolanda Cunningham and her attorney in Superior
Court Action No. 701-307, in the amount of $1,000.00
as the result of damages sustained, be, and the
same is hereby approved.

Date of Incident: March 3, 1975

AYES: Commissioners Murphy, Sanchez,
Toler, Siggins

NOT VOTING: Commissioner Ciani

RESOLUTION NO. 673-79

NATE KAWAGUCHI AND HIS ATTORNEY

RESOLVED, that the recommendation of

- 964 -

the City Attorney for settlement of litigation
of Nate Kawaguchi and his attorney in the sum
of $812.00 in Superior Court Action No. 688-686
entitled "Nate Kawaguchi and his attorney 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: January 2, 1979

AYES: Commissioners Murphy, Sanchez,
Toler, Siggins

NOT VOTING: Commissioner Ciani

RESOLUTION NO. 674-79

RAYFIELD RAGLER AND HIS ATTORNEY

RESOLVED, that the recommendation of
the City Attorney for settlement of litigation
of Rayfield Ragler and his attorney in the sum
of $3,000.00 in Superior Court Action No. 689-
629 entitled "Rayfield Ragler and his attorney
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: July 11, 1974

AYES: Commissioners Murphy, Sanchez,
Toler, Siggins

NOT VOTING: Commissioner Ciani

RESOLUTION NO. 675-79

MARVIN J. HORNSTEIN

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of Marvin J. Hornstein against the City and County
of San Francisco in the sum of $10.00 as the re-
sult of damages sustained, be, and the same is

- 965 -

hereby approved.

Date of Incident: August 8, 1979

AYES: Commissioners Murphy, Sanchez,
Toler, SIggins

NOT VOTING: Commissioner Ciani

AUTHORIZING ATTENDANCE OF POLICE OFFICER
WILBERT K. BATTLE, PERSONNEL AND TRAINING,
AT THE EASTERN REGIONAL COMMUNITY ANTI-CRIME
SEMINAR, SPONSORED BY THE LEAA ADMINISTRATION
AT BALTIMORE, MARYLAND, FROM DECEMBER 2, 1979
TO DECEMBER 6, 1979, INCLUSIVE.

RESOLVED, that the recommendation of
the Chief of Police that Police Officer Wilbert
K. Battle, Personnel and Training, be detailed
to attend the Eastern Regional Community Anti-
Crime Seminar, at Baltimore, Maryland, from Decem-
ber 2, 1979 to December 6, 1979, inclusive, be,
and the same is hereby approved; and be it further

RESOLVED, that expenses incurred by
Officer Battle will be paid by the Law Enforce-
ment Assistance Administration.

AYES: Commissioners Murphy, Sanchez,
Toler, Siggins

NOT VOTING: Commissioner Ciani

RESOLUTION NO. 676-79

AUTHORIZING ATTENDANCE OF LIEUTENANT LIONEL T.
HESS, CRIMES SPECIFIC TASK FORCE, AT THE UNUSUAL
INCIDENTS COMMAND COURSE AT EUREKA, CALIFORNIA,
FROM DECEMBER 12, 1979 TO DECEMBER 14, 1979,
INCLUSIVE.

RESOLVED, that the recommendation of
the Chief of Police that Lieutenant Lionel T.
Hess, Crimes Specific Task Force, be detailed
to attend the Unusual Incidents Command Course
at Eureka, California, from December 12, 1979

- 966 -

to December 14, 1979, inclusive, be, and the
same is hereby approved; and be it further

RESOLVED, that the expenses incurred
by Lieutenant Lionel T.Hess, Crimes Specific
Task Force, in a sum not to exceed $238.00
will be defrayed by the San Francisco Police
Department's Police Officers' Training Fund.

AYES: Commissioners Murphy, Sanchez,
Toler, Siggins

NOT VOTING:

Commissioner Ciani

RESOLUTION NO. 677-79

TRAVELING EXPENSE VOUCHERS - APPROVED

Lieutenant Harry Miller
Field Operations -
Patrol Division

Lieutenant Edward McDonough
Field Operations -
Patrol Division

Lieutenant Walter VanDehey
Field Operations -
Patrol Division

$888.00 (At the Middle
each (Management Train-
ing Course, Watson-
(ville, California,
(from October 13,
(1979 to October 26,
(1979, inclusive.

AYES: Commissioners Murphy, Sanchez,
Toler, Siggins

NOT VOTING:

Commissioner Ciani

CHIEF'S REPORT TO THE POLICE COMMISSION

Commissioner Murphy: "On this traffic enforce-
ment memo from Deputy Chief Mullen to you Chief,
it gives actual figures that the Traffic Division
wrote 25,000 more parking and moving citations in

- 967 -

October than in August. In Patrol Division both
parking and moving citations increased consider-
ably. In my judgment there is still room for
improvement. Do we have any actual figures on
that for comparison or not?"

Chief Gain: "The reason I introduced this to
the Commission is that this has been a topic
of concern and that there will be a more detailed
analysis submitted to the Commission."

Commissioner Murphy: "It interests me because
25,000 more citations is quite a batch of them."

Commissioner Toler: "Chief, in your opinion there
is room for improvement. In what areas can improve-
ments be made?"

Chief Gain: "There is room for improvement in
productivity. What we found by analyzing citations
for moving violations is that there has been a de-
crease commencing earlier this year in Patrol Divi-
sion and Solo Motorcycles. Commander Seghy detected
the decrease in Solo Motorcycles himself through
the usual monitoring of citations and took action
which has brought about an increase. There is a need
for motivating and somewhat an iron hand. I think
he is using a cominbation of both. He is saying
please while he pounds the table."

Commissioner Sanchez: "I had the fortune of going
to a breakfast this morning in the Mission District
in which the various principles and vice principles
of both the elementary and senior high schools were
present. One of the major concerns by many admin-
istrators is that there seems to be a redeployment
of some of our men and women out of Youth Services
and I believe we are from 10 down to 6; as an example,
we now have one officer trying to work with Mission
High School and McAteer with roughly about 6,000
kids between two geographic areas which would re-
quire the work of 4 full time people.

They have asked if I would bring this to
your attention and they have written letters of sup-
port in tb • past, it is a priority area.

The men and women plus the use of the 28
car in the area have been a success and there is a
need to expand service such as this rather than wait
for a crisis. I hope we can assess the deployment
of our manpower."

Chief Gain: "We are aware of the problem. I have

conferred this with Deputy Chief Taylor and he made

an evaluation of it and he feels at this time that the

numbers are appropriate to the problem. Also, as we

- 968 -

know, it is not only Youth Services but the Dis-
trict Station that covers those schools .

We will re-assess it. We will report
back next week on that."

RESOLUTION NO. 678-79

TOW SERVICE FOR THE SAN FRANCISCO POLICE DEPART-
MENT.

WHEREAS, the former contract for towing
of vehicles abandoned on the streets of San Fran-
cisco expired September 8, 1979> and there is pre-
sently no such contract; and

WHEREAS, the San Francisco Police Depart-
ment receives 1,279 complaints of abandoned vehicles
in an average month, and about 525 abandoned vehicles
are towed in an average month; and

WHEREAS, these vehicles are not only un-
sightly and occupy needed parking space on city
streets, but constitute a dangerous nuisance and
potential health and safety hazard to young persons
and others who are attracted to them; and

WHEREAS, between the date of the expira-
tion of the tow contract on September 8, 1979, and
November 6, 1979, approximately 1,050 abandoned ve-
hicles have accumulated on the streets of San Fran-
cisco; it is therefore

RESOLVED, that the Police Commission
views the situation with regard to abandoned ve-
hicles as an emergency situation and directs the
Chief of Police and the Commander of Traffic to
apply the present procedure of calling upon con-
veniently located tow services being used to re-
move accident and blocked driveway emergency sit-
uations to the abandoned vehicle situation; and
be it further

RESOLVED, that the Board of Supervisors
of the City and County of San Francisco are urged
to take steps to permanently resolve this problem
as well as that of other kinds of tows; and speci-
fically said Board of Supervisors is requested to
examine the possibility of providing land owned
by the City and County of San Francisco for the
purpose of storing and disposing of towed vehicles,
and either entering into a contract with a reputable,
stable company to provide the necessary tow service
or developing a city owned agency to provide the
service .

AYES: Commissioners Murphy, Sanchez,
Tr^ler, Siggins

NOT VOTING: Commissioner Ciani

- 969 -

RESOLUTION NO. 679-79

ORDINANCE AUTHORIZING CHARGING FEES OF PERMITS
FOR STREET FAIRS.

WHEREAS, there has been an increase in
the number of street fairs requiring the temporary
denial of vehicle passage over the public streets
of the City and County of San Francisco; and

WHEREAS, the Police Department is re-
sponsible for insuring the safety of all persons
using the public streets of San Francisco; and

WHEREAS, in order to control the number
of street fairs utilizing the public streets as
to disrupt the general public to the least extent
possible, and to provide for permits to conduct
such events; and

WHEREAS, at such street fairs goods and
services are sold to the general public; therefore
be it

RESOLVED, that the Police Commission
hereby requests the Board of Supervisors to adopt
the attached proposed ordinance granting the Chief
of Police power to issue permits for the conduct of
fairs on the public streets of the City and County
of San Francisco ' for the additional police services
required thereby.

AYES: Commissioners Murphy, Sanchez,
Toler, Siggins

NOT VOTING: Commissioner Ciani

RESOLUTION NO. 680-79

REQUEST FOR A SUPPLEMENTAL APPROPRIATION TO PROVIDE
FUNDS FOR ADDITIONAL TRAFFIC CITATIONS

RESOLVED, that the Police Commission hereby
approves the request for a Supplemental Appropration
in the amount of $115,000 to provide funds for traffic
citation forms.

AYES: Commissioners Murphy, Sanchez,
Toler, Siggins

NOT VOTING: Commissioner Ciani

- 970 -

HEARING OF THE APPEAL OP SUSPENSION WITHOUT PAY
OF POLICE OFFICER PATRICK J. WHITE, MISSION POLICE
STATION

The hearing of the appeal of the suspen-
sion of Police Officer Patrick J. White, Mission
Police Station, was called, it having been set for
this date. Police Officer Patrick J. White appeared
in person and was represented by Michael S. Hebel,
Attorney at Law.

Mr. Lawrence Wilson, Legal Office,
appeared as the Prosecutor for the Police De-
partment.

The following-named witness appeared
for the Prosecution, duly sworn and testified:

Cornelius P. Murphy
Commander of Patrol

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

Police Officer Patrick J. White
Mission Police Station

Charles R. Gain
Chief of Police

The following Exhibits were entered
into Evidence by the Defense:

Exhibit A - Memorandum dated October
17, 1979, from Joseph J.
Franaszek, Department of
Industrial Relations, Senior
Health Physicist, Radiation
Health Unit — S.F.

Exhibit Al- Permissible Levels of Radia-
tion in Uncontrolled Areas
Report .

Exhibit B - Letter from Charles R. Gain,
Chief of Police, dated Novem-
ber 30, 1977, addressed to
Robert J. Guinan re "Recom-
mendation of Chief's Suspen-
sion for One Day."

Closing arguments were then made by Mr.
Michael S. Hebel and Mr. Lawrence Wilson.

The Commission took the matter under
submission, after which the following resolution
was adopted:

- 971 -

RESOLUTION NO. 681-79

DECISION - HEARING OF THE APPEAL OF THE SUSPENSION
WITHOUT PAY OF POLICE OFFICER PATRICK J. WHITE,
MISSION POLICE STATION

WHEREAS, Police Officer Patrick J. White,
Mission Police Station, was suspended without pay
by the Chie f of Police pursuant to Section 8.3^3
of the Charter of the City and County of San Fran-
cisco, and Rule 3.06 of the Rules and Procedures
of the San Francisco Police Department, for a
period of two (2) working days from 0001 hours
October 4, 1979 through 2H00 hours October 5, 1979;
and

WHEREAS, pursuant to Rule 5.160 of the
Rules and Procedures of the San Francisco Police
Department, Police Officer Patrick J. White, Mission
Police Station, did file with the Secretary of the
Police Commission, a written appeal of his suspen-
sion by the Chief of Police; and

WHEREAS, a hearing on said suspension was
heard by the Police Commission on Wednesday, Novem-
ber 28, 1979, the matter was submitted to the Police
Commission for decision; therefore be it

RESOLVED, insofar as the Commission did
not alter or reverse the suspension of the Chief,
it is hereby sustained.

(The entire proceedings were
taken in shorthand form by
Hearing Reporter Linda Pransky,
C.S.R. )

SUSTAINED: Commissioners Murphy, Siggins
REPRIMAND: Commissioners Sanchez, Toler
ABSENT: Commissioner Ciani

RESOLUTION NO. 682-79

HEARING OF POLICE OFFICER ANDREW W. CITIZEN,
SOUTHERN POLICE STATION

The hearing of Police Officer Andrew W,
Citizen, Southern Police Station, was called, it
having been set for this date. Officer Andrew W,

- 972 -

Citizen was charged with violating the Rules and
Procedures as follows:

SPECIFICATION NO. 1

Failing to take proper enforcement
action when being advised of crim-
inal activity; conspiring to re-
ceive stolen property without law-
ful right or authority. (Violation
of Rule 2.13 - Neglect of duty and
bringing discredit upon the Police
Department . )

SPECIFICATION NO. 2

Failure to make a Report. (Viola-
tion of Rule 2.61 of the Rules and
Procedures of the San Francisco Police
Department . )

in a properly verified complaint by Charles R.
Gain, Chief of Police, of the San Francisco Police
Department.

Police Officer Andrew W. Citizen appeared
in person and was represented by Mr. Stephen Bruce
Bley, Attorney at Law.

Mr. Lawrence Wilson, Attorney at Law,
appeared as the Prosecutor for the Police Depart-
ment .

The reading of the Charges was waived

Opening statements were made by both the
Prosecuting and Defense Attorneys .

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

Sergeant Bill Taylor
Internal Affairs Bureau

Sergeant James Tedesco
Chief's Office

The Commission then adjourned at 2140
hours, and the matter was continued to Monday,

- 973 -

December 3, 1979 at 1730 hours, in Room 551,
Hall of Justice.

(The entire proceedings were
taken in shorthand form by
Hearing Reporter Linda Pransky,
C.S.R. )

AYES: Commissioners Murphy, Sanchez,
Toler, Siggins

NOT VOTING: Commissioner Ciani

RESOLUTION NO. 683-79

HEARING CF POLICE OFFICER DENNIS L. MC CAFFREY,
NORTHERN POLICE STATION

The hearing of Police Officer Dennis L.
McCaffrey, Northern Police Station, was called,
it having been set for this date. Officer Dennis
L. McCaffrey was charged with violating the Rules
and Procedures as follows:

SPECIFICATION NO. 1

Failing to take proper enforcement
action when advised of a crime;
conspiring to receive stolen pro-
perty without lawful right or author-
ity; receiving and possessing stolen
property. (Violation of Section 2.13
of the Rules and Procedures of the
San Francisco Police Department.)

SPECIFICATION NO

Failure to make Report. (Violation
of Section 2.61 of the Rules and Pro-
cedures of the San Francisco Police
Department . )

in a properly verified complaint by Charles R. Gain,
Chief of Police, of the San Francisco Police Depart-
ment .

Police Officer Dennis L. McCaffrey appeared
in person and was represented by Mr. Gilbert Eisenberg,
Attorney at Law.

- 974 -

Mr. Lawrence Wilson, Attorney at Law,
appeared as the Prosecutor for the Police Depart-
ment .

The reading of the Charges was waived

Opening statements were made by both
the Prosecuting and Defense Attorneys.

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

Sergeant Bill Taylor
Internal Affairs Bureau

Sergeant James Tedesco
Chief's Office

The Commission then adjourned at 21^0
hours, and the matter was continued to Monday,
December 3, 1979 at 1730 hours, in Room 551, Hall
of Justice.

(The entire proceedings were
taken in shorthand form by
Hearing Reporter Linda Pransky
C.S.R.)

AYES: Commissioners Murphy, Sanchez,
Toler, Siggins

NOT VOTING: Commissioner Ciani

The Commission then adjourned its meeting
at 21*10 hours.

NG SECRETARY •

ACTING SECRETARY

- 975 -

3 DECEMBER 1979 ' SPECIAL MEETING

The^sEolice Commission of the City
and County of. San Francisco met in their
chambers, Room 551, Hall of Justice, 850
Bryant Street, on Monday, December 3, 1979
at 1730 hours in Special Session.

PRESENT: Commissioners Murphy, Toler, Slggins

ABSENT: Commissioners Ciani, Sanchez -,..

ja; m

Commissioner Siggins presiding.

. :

CONTINUATION OF THE HEARING OF POLICE OFFICER
ANDREW W. CITIZEN, SOUTHERN POLICE STATION

The matter of the hearing of Police
Officer Andrew W. Citizen, Southern Police Station,
was called, it having been continued from the
meeting of November 28, 1979.

Police Officer Andrew W. Citizen appeared
in person and was represented by Mr. Stephen Bruce
Bley, Attorney at Law.

Mr. Lawrence Wilson, Attorney at Law,
appeared as the Prosecutor for the Police De-
partment .

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

Sergeant John Brunner
Police Academy

Mr. Henry Bonnom

The Commission then adjourned at 2100
hours, and the matter was continued to Wednesday,
December 26, 1979 at 1730 hours, in Room 551, Hall
of Justice .

(The entire proceedings were taken
^n shorthand form by Hearing Reporter
Linda Pransky, C.S.R. )

AYES: Commissioners Murphy, Toler, Siggins

NOT VOTING: Commissioners Ciani, Sanchez

976 -

CONTINUATION OP THE HEARING OP POLICE OFFICER
DENNIS L. MC CAFFREY, NORTHERN POLICE STATION

The matter of the hearing of Police
Officer Dennis L. McCaffrey, Northern Police
Station, was called, it having been continued
from the meeting of November 28, 1979.

Police Officer Dennis L. McCaffrey
appeared In person and was represented by Mr.
Gilbert Eisenberg, Attorney at Law.

Mr. Lawrence Wilson, Attorney at Law,
appeared as the Prosecutor for the Police De-
partment .

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

Sergeant John Brunner
Police Academy

Mr. Henry Bonnom

The Commission then adjourned at 2100
hours, and the matter was continued to Wednesday,
December 26,1979 at 1730 hours, in Room 551, Hall
of Justice.

(The entire proceedings were taken
in shorthand form by Hearing Reporter
Linda Pransky, C.S.R.)

AYES: Commissioners Murphy, Toler, Siggins
NOT VOTING: Commissioners Ciani, Sanchez

The Commission then adjourned its meeting at
2100 hours.

£h - /?z-*-«

ACTING SECRETARY

- 977 -

5 DECEMBER 1979

REGULAR MEETING

at ■ v

TheTPolice Commission of the City
and County of^-San Francisco met in their chambers ,
Room 551, Hall of Justice, 850 Bryant Street, on
Wednesday, December 5, 1979 at 1730 hours, in
regular session.

PRESENT: Commissioners Ciani, Murphy, Sanchez,
Siggins

ABSENT: Commissioner Toler

Commissioner Siggins presiding.

DOC 'sJ7.

JA, 980

The Commissioners, having received, amended
and returned copies of the minutes of the meeting of
November 7, 1979, reading of same was dispensed with
and the minutes were approved.

AYES: Commissioners Ciani, Murphy, Sanchez,
Siggins

NOT VOTING:

Commissioner Toler

PRESENTATION OF MEDAL OF VALOR AWARDS AND CERTIFICATES

Commissioner Siggins; "Commissioner David Sanchez was
Chairman of the last Awards Committee Meeting and he
will make the presentation to the Commission. I would
like to turn it over to Dr. Sanchez for some .comments . "

Commissioner Sanchez: "I apologize to the Commission
and men and women for being late. Unfortunately, I
couldn't be here until this point. I have a few com-
ments to make: No. 1, the quality of these nominations
as with other Meritorious Awards is really one of great
significance, one thing that was constant through all
of the deliberations of the Meritorious Awards Committee.
In fact, somehow our men and women in law enforcement
in San Francisco have a much higher degree of tolerance
and perseverance arid understanding in reference in deal-
ing with law enforcement than many other law enforce-
ment services that have been making headlines through-
out the state and the nation. This was discussed within
the Awards Committee itself. We have all heard about
the fact that some sort of have an epidemic of some law
enforcement using weapons whatever time and place. A-
cross the bay there is a different situation. The fact
of the matter is there were numerous situations in these
awards whereby all rules and procedures of the • San Fran-
cisco Police Department, these men and women could have

- 978 -

fired their weapons, given the nature of the occa-
sion, but for some high tolerance, men and women of
commitment felt that they could accomplish the means
to the end and as a result, thank God they are all
here tonight to receive the awards.

So on behalf of the Commission and on
behalf of the Meritorious Award Committee we would
like to congratulate all of you on a job well done
There are, I believe, 8 Silver, 1 combined Silver
and Bronze and 22 Bronze. Thank you very much."

Commissioner Murphy: "Thank you. I, as a matter
of personal privilege would like to point out one
officer, Sergeant Owen Kenny, is not only brave,
but he also is the God Father, maybe that isn't the
right term, but the mover and shaker of the Fishing
Program that the police department carries on with
the youth of this city.

Over 6,000 kids, boys and girls partici-
pated in this program last summer and that's an aw-
ful lot of young people to be influenced by not only
Sergeant Kenny but the rest of the group of officers
that have helped with this program on their own time.
I think it's almost as good as being brave and being
able to disarm. It means the future of these children
They have a better chance of being good citizens and
maybe policemen someday.

I think we should give an extra thanks
to Owen Kenny."

PRESENTATION OF THE MEDAL OF VALOR AWARDS AND
CERTIFICATES.

The following-named members of the
Police Department were presented Medal of Valor
Awards and Certificates at the Commission Meet-
ing by Commissioner Sanchez:

Police Officer Robert

J . DelliTorre Silver Medal

Police Officer John R.

Hennessey Silver Medal

Police Officer Richard

T. Oakes Silver Medal

Police Officer Steven R.

Silvers Silver Medal

Police Officer Joaquin G.

Santos Silver Medal

- 979 -

Police Officer James S.

Sweeney Silver Medal

(Trans, to Fire Dept)

Sergeant Owen A-. Kenny ....... .Bronze Medal

Sergeant David R. Winn Bronze Star

Police Officer Richard P.

Hesselroth Bronze Medal and

Bronze Star

Police Officer Henry L. Kirk.. Bronze Medal and

Bronze Star

Police Officer James E.

Ludlow Bronze Star

Police Officer Jeremiah W.

Morgan Bronze Medal

Police Officer Edward B.

McDonough Bronze Star

Police Officer Mary R. Nilan. .Bronze Medal

Police Officer Mark A. Potter .Bronze Star

AYES: Commissioners Ciani, Murphy,
Sanchez, Siggins

NOT VOTING: Commissioner Toler

RECOMMENDATION OP THE TRAFFIC BUREAU -APPROVED

RESOLVED, that the recommendation 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:

2 72 IVY ALLEY - VORPAL GALLERY

a) At 272 Ivy Alley, install a 22' yellow
zone, extending from 23* to 45' west
of east building line.

244 NAPOLEAN - BAYSHORE METALS

a) At 244 Napolean, install a 22' yellow
, zone, extending from 8? to 30 ' north of

south building line - repaint red zone

and yellow at 240 Napolean.

- 980 -

996 SHOTWELL STREET - EL PESCODOR

a) At 996 Shotwell Street, install a 22'
yellow zone, extending from 22* to 44'
north of south property line.

b) Meter SWL 996 to be removed.
301-305 JACKSON STREET - CUSTOM HOUSE

a) Remove stencil only leaving zone 103'
white from 10' to 113' west of Battery
Street with curb stencilled "Reserved
U.S. Customs."

301-l4th STREET - THE ARMORY

a) Revoke existing 70' yellow zone, extend-
ing from 20' to 90' west of Mission Street.

1800 MISSION STREET - THE ARMORY

a) At 1800 Mission Street, revoke existing
67' white zone, extending from 75' to
142' south of 14th Street.

3600-20th STREET - A-l TRANSFER & STORAGE CO.

a) At 3600-20th Street, revoke existing 21 »
yellow zone, extending from 33' to 54'
west of Valencia Street.

110(APPROX.) (Opp. 111/109) MAGNOLIA - S.F.P.D.

a) At approximately 110 Magnolia Street,
revoke existing 18' red zone.

470-474 VALENCIA STREET -OPERATING ENGINEER

LOCAL UNION #3

a) At 470-474 Valencia Street, revoke exist-
ing 45' white zone, extending from 9' to
54' north of the south line.

b) At 470-474 Valencia Street, revoke existing
42' yellow zone, extending from 4' south of
to 39' north of the south line of #474 Val-
encia Street.

- 981 -

c) Change to green meters . install 5 more

meters .

730 WASHINGTON STREET - NAM YUEN - CONTINUED
TO THE MEETING OF DECEMBER 12, 1979.

AYES: Commissioners Ciani, Murphy, Sanchez
Siggins

NOT VOTING: Commissioner Toler

REVOKED

RESOLVED, that the recommendation of
the Traffic Bureau on the revocation of 263 feet
of red, white and yellow zones, at the parts of
the City, at the locations submitted, be, and
the same are hereby approved.

AYES: Commissioners Ciani, Murphy, Sanchez,
Siggins

NOT VOTING: Commissioner Toler

RESOLUTION NO. 684-79
SALLY PALL AND HER ATTORNEY

RESOLVED, that the recommendation of the
City Attorney for settlement of litigation of Sally
Pall and her attorney in the sum of $3,750.00 in
Superior Court Action No. 743-614 entitled, "Sally
Pall, Plaintiff, vs. City and County of San Francisco,
Defendants, "as the result of damages sustained, be,
and the same Is hereby approved.

Date of Incident: January 31, 1978

AYES: Commissioners Ciani, Murphy, Sanchez,
Siggins

NOT VOTING: Commissioner Toler

- 982 -

RESOLUTION NO. 685-79
OTTO SCHEUPLER

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of Otto Scheufler against the City and County
of San Francisco in the sum of $1,050.00 as the
result of a collision with a police vehicle, be,
and the same is hereby approved.

Date of Incident: October 24, 1979

AYES: Commissioners Ciani, Murphy, Sanchez,
Siggins

NOT VOTING: Commissioner Toler

RESOLUTION NO. 686-79
ANDREW W. YEHL

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of Andrew W. Yehl against the City and County
of San Francisco in the sum of $325.94 in Small
Claims Court Action No. 365-451> as the result
of a collision with a police vehicle, be, and
the same is hereby approved.

Date of Accident: July 19, 1979

AYES: Commissioners Ciani, Murphy, Sanchez,
Siggins

NOT VOTING: Commissioner Toler

RESOLUTION NO. 687-79

ANDERSON VICKERS AND GREGORY
DEAN AND THEIR ATTORNEY

, RESOLVED, that upon the recommendation
of the City Attorney judgment in the amount of
$5,500.00 has been awarded to Anderson Vickers
and Gregory Dean and their attorney for damages

- 983 -

sustained, be, and the same is hereby approved.
Date of Incident: December 10, 1973

AYES: Commissioners Ciani, Murphy, Sanchez,
Siggins

NOT VOTING: Commissioner Toler

CLAIM OP SEGUNDO RAYMUNDO AND HIS ATTORNEY IN
THE AMOUNT OP $1,750.00 - CONTINUED TO THE MEET-
ING OF DECEMBER 12, 1979

AYES: Commissioners Ciani, Murphy, Sanchez,
Siggins

NOT VOTING: Commissioner Toler

RETIREMENTS

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

a) Police Officer Layton M. Duffy, Central
Police Station, for service, effective
November 7, 1979.

b) Police Officer John J. Lopez, Southern
Police Station, for service, effective
October 17, 1979.

The communications were ordered flle^d.

AYES: Commissioners Ciani, Murphy, Sanchez,
Siggins

NOT VOTING: Commissioner Toler

RESOLUTION NO. 688-79

TRAVELING EXPENSE VOUCHERS - APPROVED.

RESOLVED, that the Traveling Expense Vouchers

- 984 -

submitted by the following-named members of the
Police Department for expenses incurred in attend-
ing the below-indicated program, be, and the same
are hereby approved:

Deputy Chief Mario Amoroso
Support Services

Police Officer George Schreck
Support Services

$615.00 (Vehicle Fleet
each (Management Work-
shop, Phoenix,
(Arizona, from
(November 14,1979
(to November 16,
(1979, inclusive.

AYES: Commissioners Ciani, Murphy, Sanchez,
Siggins

NOT VOTING: Commissioner Toler

RESOLUTION NO. 689-79

WRITTEN COMMUNICATIONS SYSTEM GENERAL ORDER
APPROVED

RESOLVED, that the Police Commission
hereby adopts the proposed revisions to the
general order regarding a "Written Communica-
tion System."

AYES: Commissioners Ciani, Murphy, Sanchez,
Siggins

NOT VOTING: Commissioner Toler

RESOLUTION NO. 690-79

SPECIFICATION FOR UNIFORM AND EQUIPMENT: PLASTIC
HANDCUFFS - APPROVED "

RESOLVED, that the Specifications for
Plastic Handcuff restraints are hereby adopted
for inclusion. in the Department Uniform and Equip-
ment Specifications.

, AYES: Commissioners Ciani, Murphy, Sanchez,
Siggins

NOT VOTING: Commissioner Toler

- 985 -

RESOLUTION NO. 691-79

GENERAL ORDER ON MOTOR VEHICLE FUEL AND OIL
DISTRIBUTION - APPROVED

RESOLVED, that the Police Commission
hereby adopts the proposed general order regard-
ing Motor Vehicle Fuel and Oil Distribution.

AYES: Commissioners Ciani, Murphy, Sanchez,
Siggins

NOT VOTING: Commissioner Toler

RESOLUTION NO. 692-79

REQUEST FOR A SUPPLEMENTAL APPROPRIATION

RESOLVED, that the Police Commission hereby
approves a request for a Supplemental Appropriation
in the amount of $199,298 which would transfer funds
from the sworn officer account to the Title II grant
account to offset a deficit.

AYES: Commissioners Ciani, Murphy, Sanchez,
Siggins

NOT VOTING: Commissioner Toler

RESOLUTION NO. 693-79

HEARING OF POLICE OFFICER TEDDY QUERUBIN, PARK
POLICE STATION

WHEREAS, on Wednesday, September 5, 1979,
Police Officer Teddy Querubin, Park Police Station,
in a hearing before the Police Commission, was found
guilty to Specification No. 1, violation of Section
2.36 of the Rules and Procedures of the San Francisco
Police Department; and

WHEREAS, it was the order of the Police
Commission that for said violation, Police Officer
Teddy Querubin be dismissed from the San Francisco
Police Department, but was granted a stay of execu-
tion on the following conditions:

- 986 -

Police Officer Teddy Querubin
shall report weekly on his own
time to the Police Department's
Physical Fitness Officer for a
weight check commencing Friday,
September 14, 1979, and each Fri-
day thereafter through November
30, 1979.

Officer Querubin shall submit to the
Physical Fitness Officer within two
weeks an acceptable plan from a phy-
sician, or some other appropriate
person of his own choosing, who has
prescribed for him a rigorous regimen
that will result in his achieving the
required amount of weight reducation
to 221 pounds. If this plan is not
submitted within two weeks, he will
be brought before the Commission at
the next regular meeting and termina-
ted.

3. He shall report to the Police Commis-
sion on Wednesday, December 5, 1979,
weighing 221 pounds or less.

If he does not make satisfactory pro-
gress toward that goal or if he misses,
without adequate justification, his
appointments with the Police Depart-
ment's Physical Fitness Officer, he
shall be required to return on or be-
fore December 5, 1979, to the Police
Commission and be terminated from the
San Francisco Police Department.

On Wednesday, December 5, 1979, Robert F.
Barry and Paul C. Chignell, President and Vice-Presi-
dent, San Francisco Police Officers' Association, ap-
peared on behalf of Police Officer Teddy Querubin.

Mr. Lawrence Wilson, Attorney at Law, ap-
peared as the Prosecutor for the San Francisco
Police Department.

The following-named witness was called by
the Prosecution, duly sworn and testified:

Police Officer Joseph Mollo
Physical Fitness Officer
Police Academy

The following-named witness was called
by the Defense, duly sworn and testified:

- 987 -

Police Officer Teddy Querubin
Park Police Station

The following listed items were sub-
mitted into evidence:

1. Letter dated December 5, 1979, signed

by Annette Spruell, from Robert Haskell,
M.D., and Associates.

2. Authorization for Release of Informa-
tion from St. Francis Hospital, dated
November 30, 1979.

3. Subpoena, Municipal Court, dated
September 14, 1979.

and

•HEREAS, the Commission took the matter
under submission and requested that Police Officer
Teddy Querubin return to be examined by Dr. Steiner,
the Police Surgeon, and that Officer Querubin and
Dr. Steiner appear before the Police Commission on
Wednesday, December 12, 1979, at which time Dr. Steiner
will submit his recommendation and findings to the
Board; therefore be it

RESOLVED, that the matter in the hearing
of Police Officer Teddy Querubin is continued to
Wednesday, December 12, 1979.

(The entire proceedings were
taken in shorthand form by
Hearing Reporter Linda Pransky,
C.S.R.)

AYES: Commissioners Ciani, Murphy, Sanchez,
Siggins

NOT VOTING: Commissioner Toler

The Commission then adjourned its meeting
at 2330 hours.

/3o-~*Y />h> ?t^s ^

ACTING SECRETARY

- 988 -

12 DECEMBER 1979 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, December 12,
1979 at 1730 hours in regular session.

PRESENT: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

DOCUMENTS DEPT.

Commissioner Siggins presiding. MAR 1 7 1QR0

SAN "KANCSSCO
PUBL!C UEP.ARY

RECOMMENDATION OF THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendation 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:

1061 and 1063 HOWARD STREET - EMPIRE SALES

a) At 1061 and IO63 Howard Street, install
a 44 ' yellow zone, extending from 12'
to 56' west of east property line.

b) Remove meters 1081 and IO83.

120 HOWARD STREET - U.S. REGIONAL TRAINING

CENTER

a) At 12 0 Howard Street, Install a. 22'
blue zone, extending from 5' west
to 17' east of west building line.

b) Meter 110 to be removed.

805 HOWARD STREET - HENRY'S PLACE

a) At 805 Howard Street, install a 22'

green zone, extending from 25' to 47'
east of west building line.

421 and 427 CASTRO STREET - THE CASTRO BEAN

a) At 421 and 427 Castro Street, install

a 40' yellow zone, extending from south
end of bus zone 40' south of same.

- 989 -■

b) Remove meters CAS //407 & '40').

3232 & 323*1 BA LBOA - I & S FURNITURE & P.P. SCHMITT

a) At 3232 and 3234 Balboa, install a 22'
yellow zone, extending from 2' to 24'
west of east property line.

b) Remove meter BAL 3218.

APPROX. 99 ECKER STREET - GOLDEN GATE UNIVERSITY

a) At approximately 99 Ecker Street, install

a 22' blue zone, extending from south build-
ing line 22' north of same.

b) Revoke 22' of existing 75' green zone.

3J4 7 & 359 GRANT AVENUE - KI NO KAWA & OMNA NO SHIRO

a) At 347 & 359 Grant Avenue, revoke existing
60' yellow zone, extending from 15' to 75'
south of Bush Street.

b) Replace with 28' white zone, extending from
15' to 43' south of Bush Street. Add~22 '
meters .

18 GUY PLACE - MR. GALLAGHER - SEVERED FROM CALENDAR
UNTIL FURTHER NOTICE BY TRAFFIC SURVEY

811 MONTGOMERY STREET - THERIEN & CO

a) At 811 Montgomery Street, partially revoke
22' yellow zone, extending from north pro-
perty line 22' south of same.

b) Install green meters.

8 0 7 MONTGOMERY STREET - S.F.P.D .

a) At 807 Montgomery Street, revoke existing
24' white zone, extendi rig 2H1 south from
north property line.

AYES: Commissioners Ciani, Murphy, Sanchez,

Toler, Siggins

990

REVOKED

RESOLVED, that the recommendation of
the Traffic Bureau on the revocation of 128 feet
of green, white and yellow zones, at the parts
of the City, at the locations submitted, be,
and the same are hereby approved.

AYES: Commissioners Clani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 6^1-79

SEGUNDO RAYMUNDO AND HIS ATTORNEY

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of Segundo Rayrnundo and his attorney against
the City and County of San Francisco in the sum
of $1,750.00 in Superior Court Action No. 6 ^{ 7 —
208, as the result of damages sustained, he, and
the same is hereby approved.

Date of Incident: October 21, 1971

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 695-79

BRENDA K. DAVIS, ET AL

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of Brenda K. Davis, et al., in the sum of $625.00
in Federal District Court No. C 782348 RUS, as
the result of damages sustained, be, and the same
is hereby approved.

Date of Incident: November 5, 1977

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

- 991 -

RESOLUTION NO. 696-79

CALIFORNIA STATE AUTOMOBILE ASSOCIATION

(JACK MARTINO D.S. )

RESOLVED, that the recommendation
of the City Attorney for settlement of the
claim of the California State Automobile Asso-
ciation (Jack Marti.no D.S.) against the City
and County of San Francisco in the sum of
$199.75 as the result of a collision with a
police vehicle, be, and the same is hereby
approved .

Date of Accident: November 14, 1979

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 697-79

TRAVELING EXPENSE VOUCHERS - APPROVED

Lieutenant Richard D.

Klapp
Personnel & Training

Sergeant Michael S.

Hebel
Personnel & Training

$92.00 (P.O.S.T. Basic Course
each (Revision Consortium

(Workshop from November
(27,1979 to November 29,
(1979, inclusive.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

CHIEF'S REPORT TO THE POLICE COMMISSION

Chief Gain stated that he had no report for the
Commission tonight.

- 992 -

STATUS REPORT ON DISTRICT ATTORNEY CHARLES
BREYER'S COMMUNICATION RE: PATROL SPECIAL
OFFICERS. - OFF CALENDAR PENDING APPOINTMENT

WITH DISTRICT ATTORNEY.

Chief Gain: "Commissioners, that was just
given to the Commission's Secretary today and
it is in relation to a previous letter that I
transmitted to you where the District Attorney
had suggested that we undertake a joint investi-
gation as to the status of Patrol Special Officers
The only thing that the report states is that
that jouint project is not yet underway. There
is a written report coming to you that is more
definitive so this is just a status report that
is due to the Commission."

Commissioner Siggins: "Okay, Chief."

ner Mur
sk abou
rding t

issue
nd I th
sunders
clear a

could
be dang
f civil

be a s

do , an
is to h
1 e , w i t
, 'you
t the 1
in the
nd then
Seghy ' s Office s
of it, and if yo
then "

Commissio
like to a
port rega
wanted to
walks . A
of you mj
are very
that they
not only
vince o
it has to
wanted to
far out,
very simp
would say
is agains
would be
shield, a

phy : "I have one item I would
t . Commander Seghy gave a re-
hat group of senior citizens who
citations for cars parked on side-
ink that either he or you or both
tood what my question was. They
t least I told them very clearly,
not issue citations. It would
erous, but it isn't within the pro-
lans to do so, they understand that
worn officer. But what they
d I don't think this is too
ave a pad of warnings, mimeographed,
h a carbon paper in it, and tbey
are parking on the sidewalk which
aw, etc.', whatever the violation
code and leave that on the wind-
send the copy into Commander
o that they would have a record
u found this happened a great deal,

Chief Gain: "We did misunderstand, so we will
respond to that."

Commissioner Murphy : "Okay, and then Ed Pye is not
with the Catholic Social Service, lie is on a General
Committee made up of people from Catholic Social
Service and other organizations in town that have
to do with the elderly. So I am sure you can get
in touch with him through there anyway. Thank you."

PETITION REQUESTING THAT DISPATCHERS BE EXEMPTED
THE ANNUAL STANDARDIZATION ORDINANCE WHICH
FIVE-DAY WORK WEEK WITH TWO

WATCHES OF P.

EJROM

MANDATES A

Chief Gain stated that he had transmitted to

- 993

the Commission the above named petition as re-
quired by the Police Department's Rules and
Regulations. He stated that several speakers
were in the audience to speak to that petition,

The Commission then listened to several speakers
who stated that the present watch off system for
dispatchers is unfair and unjust. They said it
was only to the benefit of a handful of dispatchers
who felt that working 8 clays and receiving four
days off and seven on and two off was strenuous.
They said the new system lias given everybody a
steady rive on and two off, and that the system
now only allows for 15 or ?Q% to have weekends
off and the remaining S0% only have regular week
days off. They stated that this system ruins
your f ami ly 1 i f e .

Department Staff then told the Commission that
-Several persons who were disenchanted with the
old system had complained and the matter had been
settled by a Hearing Officer, thus, the present
system. To go back to the old system the annual
salary standardization ordinance v/ould have to
have an exemption written in for this specific
group of people which would allow them to work
in excess of Jh3 hours without payment of time
and a half for said excess.

One of the dispat chers , who was in favor of the
present system also addressed the Commission
and stated that he was one of the persons who
filed a grievance because he felt having to work
8 consecutive days with two days off and then
seven consecutive days with l\ days off was abu-
sive .

The Chief stated that the Department's position
is that the Dispatchers should work five days
a week and have two days off. He said that there
is nothing of an emergency in that job, or stress
in the job, that calls for anything else other
than 5 days on and two days off. He said that he
would ask that the Commission not support the re-
quest of the petiition to change from the 5 days
working and two days off. He suggested to the
Commission that rather than vote on the issue to-
night that the Commission should get a staff re-
port so that an overall picture could be shown
of the problems Involved.

Commissioner Sanchez then stated that given the
draft the Chief brought forth this evening, in
essence, saying that the Hearing Officer's deci-
sion is currently being investigated bi .the City
Attorney's Office, and the Department's wish to
review further other1 types of classifications

994

which may come under this, and rather than vote
on something now and then next week have 18 people
say they want to get paid for their cornp time,
once a comprehensive .review has been submitted
to the Commission then a more rational vote can
be taken on the subject. He then moved that the
matter be held over until the report from the
City Attorney's Office and Department Staff can
be reviewed by the Commission pertaining to the
full classification of this mandate.

Commissioner Siggins then stated that the peti-
tion submitted by the parties present would be
accepted and thanked them for enlightening the
Commission on this matter.

REQUESTING APPROVAL OF THE POLICE COMMISSION
TO SUSPEND WATCHES OPE UNTIL JUNE 30, 1980, IN
ORDER TO INCREASE EXTENDED WORK WEEK - CONTINUED
OPP CALENDAR FOR MEET AND CONFER.

Mr. Bob Barry, President of the San Francisco
Police Officer's Association, stated that he
was appearing before the Commission to oppose
the Commission's acting tonight on this matter
because it is a change in working conditions,
that it is a change in the Rules of the Depart-
ment, and that it is mandated under the Brown
Act that the Association meet with the Department
and resolve it at that level or meet with the
Commission and resolve it at that level in a
Meet and Confer process.

He said that he had just received the
material and that it was not sent in the normal
manner as had been done on past occasions. He
said, therefore, the Association has not had a
chance to review the Police Department's statis-
tics and taking these matters in consideration,
he requested the matter he continued until other
data, which should be considered, Is compiled
and proper Meet and Confer process is completed.

The Commission concurred with Mr. Barry's request
and the matter was continued off calendar until
at such time a Meet and Confer process has been
conducted with all Police Officer Associations
that may want to become involved in arriving at
a decision on this matter.

RESOLUTION NO. 698-79

REQUEST FOR A SUPPLEMENTAL APPROPRIATION TO FUND

RESOLVED, that the Police Commission

- 995 -

hereby approves a request for a Supplemental
Appropriation in the amount of $188,190 which
would transfer funds for various civilian pos-
itions in the Safe Project.

AYES: Commissioners Ciani, Murphy , Sanchez,
Toler, Siggins

Chief Gain then stated that while Lieutenant
Jordan was here speaking on the above subject, he
would have him address the Commission on a letter
the Commission received from the Economic Oppor-
tunity Council of San Francisco addressing. the
SAFE Program and making some unfair and unsupport-
able allegations with regard to the SAFE Program.

Lieutenant Jordan stated that the letter alleged
mismanagement of the SAFE Program, particularly
out in the Mission District. The Lieutenant stated
that it came as a complete surprise to him because
they felt they had been on top of every neighbor-
hood office and did not see any difficulties, and
if they did, they felt they would have been able to
manage them. He said his response in a written let-
ter to the Chief was that he had, at no time, been
contacted by members or the Equal Opportunity Council
of San Francisco to investigate or respond to alleged
grievances in the Mission District SAFE Office. He
continued by reading his response thusly, 'I am per-
sonally surprised to see such a professional organ-
ization sending numberous copies of letters lacking
in substance to a variety of city, state and national
officials prior to making even a minimal effort to
verify the accuracy of the information. The SAFE
Program in the Mission District lias made a contin-
ual effort since its inception to hire and retain
Latino Workers due to the large Latino population
in the area. Project SAFE has always had Spanish
speaking Staff members working; as paid employees.
Some have been in charge of the Mission District
SAFE Office, Sargie Malara and Lilian Medina. Other
full time staff members have been Alita Marero,
Erma Garcia, Lee Mararo and Alvaro Sanchez. Part
time Staff members have also been well represented,
Rose Padermo, Celine Carcia, and now Lorina Urbina.
Some of the above-named members have been excellent
workers while others have been the subject of ad-
ministrative and Skelly Hearings as a preliminary
measure towards termination. Some have also resigned
to accept upward mobility positions with other em-
ployers. At the present time Lorina Urbina is
assigned to the Mission SAFE Office as the Assistant
Neighborhood Coordinator. A number of Spanish Lspeak-
ing police officers have also been assigned on a.
regular basis to attend large SAFE Community and
Blcok Club meetings. Sergeant Julio Fernandez who
is . now retired, Officer Elfram Delgado, Officer Gary
Jirnlnez, Officer Art Tapia and Officer Gabriel Harp.

996 -

He went on to read about, a number of servic .
that are now being conducted by the SAFE Pro-
gram in the Mission District and stated that
these charges, he felt, were instigated by a
former employee, Mr. Alvaro Sanchez who re-
cently resigned as the Assistant Corrdinator
of Project SAFE in the Mission District. Me
said he accepted his resignation with the add-
ed important clause, 'for services other1 than
satisfactory.1 He said the Civil Service Com-
mission was advised of his action and copies of
his recommendation are now on file in their
office. He said a Civil Service Hearing has
been scheduled for .Monday, January 7, 1980,
at which time all documented evidence will
be discussed as per norma], procedures.

Commissioner Siggins stated that the Commission
has been following the SAFE Program for some
time and this is a solitary complaint that the
Commission has received and is glad that it has
been refuted in the manner in which it has been
by the excellent letter that was read by Lieuten-
ant Jordan.

Commissioner Sanchez then stated that he felt
that there were two ways to interpret this let-
ter and that number one, the fact that the SAFE
Project lias been so instrumental in many, many
parts of this city that some people involved
in the Mission Area would like more services. He
said he thought this is partially perhaps part
of the interprel at: on as he read it. He said
he knew that SAFE had very outstanding programs
because of his own personal inspection in the
Mission District. He ctjnt.1ni.ied L>i ; sai ?.ng he
knew that there has been a big demand to increase
services and he is now quite disturbed to learn
that there was no contact with the Lieutenant
and his Staff, to sit down with him and work out
options, and explain some of the concerns about
the expansion of these programs. He then told
the Lieutenant that he felt that he and his staff
had done an outstanding job and be felt that this
would be a good time to sit down and communicate
and expand programs and services .

RESOLUTION NO. 699-79

REQUEST FOR A SUPPLEMENTAL APPROPRIATION TO PROVIDE
FUNDS POD RADIO BATTERIES.

RESOLVED, that the Pol ice Commission
approves the request for a Supplementa] Appro-
priation transferring $26,359 • '' the Uniform

Salary Account to the Materia] and Supply (1335
Electrical Supply) account.

AYES: Commissioners Ciani, Murphy, Sanchez,

Toler, Siggins

- 997 -

RESOLUTION NO. 7<'i(j.fj()

RECRUIT OFFICER TYRONE HILL, POLICE ACADEMY

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

SPECIFICATION NO. 1

Consumption of Alcoholic Beverage
on Duty. (Violation of Section 2.125
of the Rules and Procedures ; of the
San Francisco Police Department.)

SPECIFICATION NO. 2

Failure to Answer Truthfully and
Without Evasion Quest ions Pro-
pounded. (Violation of Section
2.^9 of the Rules and Procedures
of the San Francisco Police Depart-
ment . )

hy Charles R. Gain, Chief of Police, therefore be
It

RESOLVED, that the date for the hearing
before the Police Commission on charges filed
against Recruit Officer Tyrone Hill, Pol-ice Academy,
be, and the same is hereby set for Wednesday, Decem-
ber 19, 1979 at 5:30 p.m., in Room 551, Hall of Jus-
tice.

AYES; Comrriissioner'-S . Ciani, Murphy, Sanchez,
Toler, Siggins

CONTINUATION OF THE HEARING OF POLICE OFFICER
TEDDY QUERUBIN, PARK POLICE STATION

The matter of the hearing of Police
Officer Teddy Querubin, Park Poli.w- station, was
called, it having been continued from the meet-
ing of December 5, 1979.

Pol i ce Off j ce r Ti -'i^y Que cub in appeared
in person and was represented by Robert P. Ba:

-998 -■

and Paul C. Chignell, President and Vice-Presi-
dent, San Francisco Police Officers' Association

Mr. Lawrence Wilson, Attorney at Law,
appeared as the Prosecutor for the San Francisco
Police Department.

Opening statement was made by Richard
J. Siggins, President of the Police Commission.

The following-named witness appeared
for the Prosecution, duly sworn and testified:

Dr. Norman Steiner

Police Surgeon

The following-named witness; was called
by the Prosecution, having been previously sworn,
took the stand and testified:

Police Officer Teddy Querubin
Park Police Station

Closing statements were then made try,
Charles R. Gain, Chief of Police, and Police
Officer Paul C. Chignell, Vice-President, San
Francisco Police Officers' Association.

The Commission took the matter under
submission, after which the following resolution
was adopted:

RESOLUTION NO. 701-79

DECISION - HEARING OF POLICE OFFICER TEDDY
Q 1 i RRUBIN, PARK POLICE STAT1'.' M

WHEREAS, on July 18, 1979, diaries
R. Gain, Chief of Police, made and served charges
against Police Officer Teddy Querubin, as follows

SPECIFICATION NO

a) Teddy Querubin was admitted to

the Police Academy on June 26, 1978,
and was at all times herein men-
1 Loned, and 'stil] L's, a police officer
emp Loyed < j the City and Counl y of
.".'.-i, Francisco;

999

b) Rule 2.36 of the Rules and

Procedures of the San Francisco
Police Department sets the weight
Standards for .sworn iiiuMin-.-.,-; who
entered the department after
March 16, 19 70; the maximum weig]
for the accused is 210 pounds, plus
a ten percent allowance.- Therefore,
bhe maximum possible the accused
may weigh is 231 pounds;

c) Early in his Academy training the
accused was found to have a weight
problem; this weight problem con-
tinued, despite counseling on sev-
eral occasions, as can be seen from
his weight on various dates:

September 21, 1978 - 232 pounds

September 29, 1978 - 233 pounds

October 2, 1978 - 229 pounds

April 2, 1979 - 238 pounds

April 5, 1979 - 2^6 pounds

d) Two meetings, on October 25, 1978,

and May 8, 1979, were held with the
Chief of Police to discuss the possi-
ble termination of the accused; these
hearings placed him on notice of the
seriousness with which the department
viewed t h i s ma 1 1 e r ;

e) On two occasions, in November 1978,
the accused was found by a physician
to have elevated blood pressure and
on the second occasion was diagnosed
as having "a symptomatic mild hyper-
tension^ possibly transitory;

f) Dr. Norman Steiner, the San Francisco
Police Department Police Surgeon, ex-
amined the accused on April 9, 1979,
and found that he weighed 2^7 pounds,
and "based on his excessive weight
and obesity, and inability to control
this," recommended that he be termi-
nated;

g) Officer Querubin was weighed on May 8,
1979, and found to weigh 233 pounds;
pursuant to the requirement of Rule
2.36 he was reweighed three weeks Later
and found to weigh 236 pounds;

h) This conduct, failure to maintain
weight standards, is in violation

- 1000 -

of Section 2.3b of the Rules and
Procedures of- the San Francisco
Police Department: which states in
pert inent part :

"Shall maintain the following weight
and physical fitness standards:

.1 All sworn members entering the
department on or after- March 1 6 ,
197 0 3 shall not exceed the below-
indicated maximum weight standard;:
by more than 10$ and shall meet
the physical fitness standards
while they are members of this
department .

In regard to the weight standards,
each member shall be required to
be examined every six (6) months
and should member fall to meet the
weight required for height, member
shall be given three (3) weeks to
comply with said standard or face
disciplinary hearing before the
Police Commission.

Any waiver of the below standards
must be approved by the Police
Surgeon."

and

WHEREAS, a hearing on said charges was
had before the Police Commission pursuant to Sec-
tion 8.3^13 of the Charter of the City and County
of San Francisco on Wednesday, September 5, 1979,
and on Wednesday, September 5, 1979, the matter
was submitted to the Police Commission for deci-
sion; and

WHEREAS, the Police Commission found that
said charges made and filed against Police Officer
Teddy Querubin, Park Police Station, as contained
in Specification No. 1, violation of Section 2.36
of the Rules and Procedures of the San Francisco
Police Department were sustained by the evidence
presented at the hearing and subsequently terminated
Officer Querubin, but stayed the imposition of ter-
mination for three months from September 5, 1979
to December 5, 1979, subject to four specified,
terms and conditions ; and

WHEREAS, on December 5, 1979, a hearing
was held before the Commission at to Officer Teddy
Wuerubin's compliance with the Police Commission's

- 1001-

terms and conditions and found that the officer-
was not in compliance; and, therefore, called
for further Information from Dr. Norman Steiner,
Police Surgeon; and

WHEREAS, on Wednesday, December 12,
1979, the matter was heard before the Police
Commission in the presence of Officer Querubin* s
representatives, Robert F. Barry and Paul C.
Chignell, President and Vice-President, San
Francisco Police Officers' Association, Dr. Steiner
who testified, after* which the Police Commission
issued the following decision:

RESOLVED, that it is the order of the
Police Commission that Police Officer Teddy Que-
rubin has violated the terms and conditions im-
posed upon him by the Police Commission at the
hearing of September 5, 1979; therefore be it

RESOLVED, that for said violation,
Police Officer Teddy Querubin shall be sus-
pended for forty-five (45) calendar days com-
mencing at 0001 hours, Monday, January 14, 19 80
and terminating at 2400 hours on Wednesday, Feb-
ruary 27, 1980 ; and be it further

RESOLVED, that Police Officer Teddy
Querubin shall be required to appear before
the Police Commission on Wednesday, February
27, 1980 at 5:30 p.m., in Room 551, Hall of
Justice, and if he does not meet the weight
requirements as specified in Section 2.36 of
the Rules and Procedures of the San Francisco
Police Department, he shall be immediately ter-
minated .

(The entire proceedings were taken
in shorthand form by Hearing Reporter
Linda Pransky , C . S . R . )

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NAYS: Commissioner Ciani

The Commission then adjourned its meeting
at 2 013 hours .

■ 0 f

■ CRETARY " , 1

(

- 1002 -

)

19 DECEMBER 1979 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, December 19,
1979 at 1730 hours in regular session.

PRESENT: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

DOCUMENTS DEPT.

Commissioner Siggins presiding.

MAR 1 7 1980

SAN FRANCISCO
PUBLIC LIBRARY

The Commissioners, having received,
amended and returned copies of the minutes of
the meetings of November 14, 1979 and November
21, 1979, reading of same was dispensed with .,
and the minutes were approved. J

/ ■' ;' •. . \ . :, . . • >*. '-•■■ '-.si '

...AYES: Commissioners '.Ciani", Murphy, Sanchez,

-: '■ . ':,'.-' '•'- Toler,' Siggins :'■..}'■ . ' ;'••"■'•;''',

r •'.!""..': ;.;; ... ;9 . "'•. • .-■'.' ','"■'■'

ft* . ...''■* '• 'i

RECOMMENDATION OP THE' TRAFFIC BUREAU -APPROVED'}'.

— . . j ■ ' ■ ■'.,''.■ ' ■ .v. — ~ — : ■ '- ' 1 — ' ... -..■. •'

h . ;• RESOLVED.; that the recp$m.endat ian}'o£;;';\
the Traffic .Bureau: on the installation''- o'f Vonihg
for the Regulation -of0 traffic on the public' streets ,
be, and the same are hereby approved: ;';';. '•:•■■".." '

1834 CLEMENT STREET- LOU'S CLEMENT: FLORIST ;-.i:.-<

a) At 1834 Clement Street, install a 22'
green zone, extending from east pro-
perty line 22' west of same.' -

711 EDDY STREET - EASTERN PARK APT.

a) At 711 Eddy Street, install a 'iV white
zone, extending from 70' to ll.V east
of west bui ldiag line. ...''•

APPROXIMATELY #1' .CENTER., PLACE. - 'DEMETER & REED

•&) At approximately #1 Ct-nter ; Place , .revoke ,
• ( existing >\B ' yellow, zone, extending from
10' to 58.'' .splith. of'- Bryant Street. ,•«.

.'>•'.-, .-•'.,
' ,' ' V*,. 1 '<

' r , ■■.....-■,<;,' ,-■.-• ,'• '» «

- .1003

445 BRYANT STREET - DEMETER & REED

a) At 445 Bryant Street, revoke existing
30' yellow zone, extending from 19' to
49' east of Center Place.

461-465 BRYANT STREET - S.P.P.D.

a) At 461-465 Bryant Street, revoke existing
63' yellow zone, extending from east build-
ing line 03' west of same.

1266 FLORIDA STREET - ST. PETER'S SCHOOL

a) At 1266 Florida Street, revoke 36' of

existing 80' white zone, extending from
115' to 151' north of 25th Street.

363 NOE STREET - DAVID M. JARAMILLO - DENIED

a) At 363 Noe Street, install a 22' white
zone, extending from north property
line 22' south of same. DENIED

507 POST STREET - BARRETT MOTOR HOTEL (RESTAURANT)

DENIED

a) At 507 Post Street, install a 44' white
zone, extending from 59' to 103' west of
east property line. DENIED .

b) Meter POST 507 & 509 to be removed. DENIED

AYES: Commissioners Ciani, Murphy, Sanchez
Toler, Siggins

REVOKED

RESOLVED, that the recommendation of
the Traffic Bureau on the revociation of 177 feet
of white and yellow zones, at the parts of the
City, at the locations submitted, be, and the
same are hereby approved.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

- 1004 -

RESOLUTION l! - . 703-79

GARY RICHARD STEWART AND HIS ATTORNEY

RESOLVED, that the recommendation
of the City Attorney for settlement of the
claim of Gary Richard Stewart against the
City and County of San Francii co Ln the sum
of $26,000.00 ($24,284.04 to Plaintiff; | ,
715.96 for medical lien) in Superior Court
Action No. 711 742, as the result of damages
sustained, be, and the same is hereby approved

Date of Incident: July 20, 1976

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 704-79

MAHMUD AW AD AND HIS ATTORNEY

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of Mahmud Awad against the City and County of
San Francisco in the sum of $1,300.00 in Superior
Court Action no. 630-341 as the result of dam-
ages sustained, be, and the same is hereby ap-
proved .

Date of Incident: August 19, 1970

AYES: Commissioners Cia.nl, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 705-79

DAVID BURKHOLDER AND WILLIAM G
AND THEIR ATTi iRNEY

RESOLVED, that the recommendation of
the City Attorney for s >t1 Lei of the cla
p f David iur tolder am i Wi Lliain Goetz ai h ir
attorney against the City and d unty of San
'ranc I sco Ln t te sum of ;..■ ,500 .0 i Ln Unit) I :"■ ■ 1 1 ■ .

- 1005 -

District Court Action No. C-76-50^ LHB as the
result of damages sustained, be, and the same
is hereby approved.

Date of Incident: March 25, 1975

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 706-79
YELLOW CAB COMPANY .

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim
of the Yellow Cab Company against the City and
County of San Francisco in the sum of $877.10
as the result of a collision with a police ve-
hicle, be, and the same is hereby approved.

Date of Accident: September 19, 1979

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler,1 Siggins

RESOLUTION NO. 707-79

POLICE NARCOTIC FUND - APPROVED

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 $6,000.00 charging same to Firm No. 355081
2021 133 01 as an advance on the" Police Narcotics
Fund for the month of December, 1979.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 708-79

POLICE CONTINGENT FUND - APPROVED

RESOLVED, that the Controller be, and
he is hereby requested to draw a voucher in favor

- 1006 -

of Chief of Police Charles R. Gain in the amount
of $4,000.00 charging same to Firm No. 355081
2010 132 01 as an advance on the Police Contin-
gent Fund for the month of December, 1979.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

RESOLUTION NO. 709-79

AUTHORIZING ATTENDANCE OF INSPECTOR.WILLIAM C.
VINCE AND ASSISTANT INSPECTOR ALEX E FAGAN, VICE
CRIMES - NARCOTICS, AT THE NARCOTICS INVESTIGATORS
COURSE AT SACRAMENTO, CALIFORNIA, FROM JANUARY 6,
1980 TO JANUARY 18, 1980, INCLUSIVE.

RESOLVED, that the recommendation of
the Chieftof Police that Inspector William C. Vince
and Assistant Inspector Ale^ E. Fagan,. Vice 'Crimes-
Narcotics, be detailed to attend the Narcotics In-
vestigators Course, at Sacramento, California, from
January 6,1980 to January 18, 1980, inclusive, be,
and the same is hereby approved; and be it further

RESOLVED, that the expenses incurred
by Inspector William C. Vince and Assistant In-
spector Alex E. Fagan, in a sum not to exceed
$528.00 each, will be defrayed by the San Fran-
cisco Police Department's Police Officers' Train-
ing Fund .

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

PERMISSION TO FILE A CIVIL SUIT - APPROVED

The request of Lieutenant Robert E. Pursley,
Park Police Station, for permission to file a civil
suit for damages sustained to his vehicle in an auto-
mobile accident involving the Muni Railway, be, and
the same Is hereby approved.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

- 1007 -

RESOLUTION NO. 710-79

ANNUAL LEAVE OF ABSENCE FOR THE YEAR 1980

WHEREAS, pursuant to the provisions of
Section 8.440 of the Charter of the City and
County of San Francisco, all members of the Police
Department, both uniformed and civilian after one
year's continuous service, shall be allowed a
vacation with pay of ten (10) working days; all
members of the Police Department, both uniformed
and civilian after five years continuous service,
shall be allowed a vacation with pay of fifteen
(15) working days, and all members of the Police
Department, both uniformed and civilian, after
fifteen years continuous service, shall be allowed
a vacation with pay of twenty (20) working days;
said vacation period for 1980 to be all inclusive
(January 1 - December 31) for the entire calendar
year; the responsibility for seeing that sufficient
manpower is on duty in any rank is properly that
of the superior officer involved; therefore be
it

RESOLVED, that in selecting periods for
vacation the members shall draw according to sen-
ority in their respective ranks; and be it further

RESOLVED, that,, periods may be taken on
an intermittent daily basis; provided, however,
that any employee who is entitled to a vacation
allowance of five (5) or more working days shall
take at least five (5) days of his vacation at
one time annually.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

CHIEF'S REPORT TO THE POLICE COMMISSION

Chief Gain stated that he had three items to report
to the Commission, one of which, he said, is that
recently a City and County Ordinance was passed in
regard to the utilization of Police Vehicles. He
stated that in reference to a vehicle being assign-
ed to the Police Commission Office he was request-
ing the Police Commission pass a resolution to the
effect that a designated police vehicle be assigned
based upon the need for such a vehicle . He said
that would formalize the assignment of a vehicle
because all vehicles, under the ordinance, vest the
Chief of Police with the responsibility of use,
control, and assignment, and, obviously, the Chief

- 1008 -

of Police does not control vehicle utilization
by the Police Commission Staff.

Commissioner Siggins stated that it should be
clear that the Commission wanted the assignment
of a vehicle and that the Commission should,; have
one at its disposal.

Commissioner Ciani stated that she had a ques-
tion about it and wondered if the sortage of
vehicles is such that it would be more desire-
able from the Department's point of view not to
have a specific vehicle assigned, or if there
were some kind of pool arrangement which the
Commission Office could use which would be more
conducive to Department over-al^. planning?

Chief Gain then stated that again he would re-
quest the passage of this resolution and then
day by day a' record could be made and if there
is not a need for that vehicle then it could
be otherwise used. He continued by saying that
what the resolution would do would be to give
preference to the Police Commission Office for
the use of that vehicle.

After further discussion on the subject,. Com-
missioner Murphy moved to pass a resolution
assigning the vehicle to the Commission Office
which was then seconded by Commissioner Toler.

The resolution was then stated as. follows

RESOLUTION NO. 702-79

ASSIGNMENT OF DEPARTMENT VEHICLE NO. 123 TO
POLICE COMMISSION OFFICE

RESOLVED, that the Police Commission
hereby adopts the above -numbered resolution for
the purpose of having assigned to the Police
Commission Off ice, department vehicle, No. 123.

AYES: Commissioners Murphy, Sanchez, Toler,
Siggins

NAYS: Commissioner Ciani

'Chief Gain then stated that the second item is
that he learned late today that Officer John
Devine retired as of today. He said he was hoping

- 1009 -

that he would have remained for today's meeting
for corporate acknowledgement and appreciation
but as everyone knows, he has had a long recurr-
ing injury on duty related problem. So the re-
tirement is effective today. He said, of course
the Commission would think of this themselves but,
he stated, he would like to mention that Officer
Devine should be asked to come back, perhaps next
week, or at the next regular meeting to receive
acknowledgement for the arduous job he undertook
and for the results that he accomplished during
the many years, particularly during the last four
years under this Commission, in the Alcholic Abuse
Program.

Commissioner Siggins then stated that he would
suggest that not only should the Commission re-
cognize him but the Associations also because
he worked for the good of the Department in every
aspect that he has undertaken and that the Depart-
ment is losing a very good member.

Chief Gain stated that this might be a good time
for the Commission to get a review of the program.
An avaluatlon, he said, to again identify the con-
tent of the program, its goals and objectives.

Commissioner Murphy stated that she would like to
add to that in that the Commission should get a
job description of the kind of person we would
want with the background and education, training,
etcetera. She stated that this would then be a
good guide for assigning whoever takes his place.

Chief Gain stated that yes he would provide that
and went on to state "that the last thing that he
had was, that assuming the Commission's approval,
he would take vacation next week, accrued time
the week thereafter, and that his last official
date as Chief of ' Police will be the'8th of Jan-
uary and tonight would be his' last night before
the Commission.

Commissioner Siggins then asked the Chief if he
would like to keep his STAR, to which the Chief
acknowledged, affirmatively. Commissioner Siggins
then stated that it should be put in the form of
a motion.

Commissioner Toler then so moved and it was sec-
onded by Commissioner Sanchez.

The resolution is as follows

- 1010 -

RESOLUTION NO. 711-79

"J " ' ' . V t • \ i

AWARDING OF CHIEF OF POLICE STAR TO CHARLES R. GAIN

RESOLVED, that for services rendered
from January, 1976 to January, 1980, it Is, and
shall be, the order of the Police Commission,
that Chief of Police Charles R. Gain, be and the
same is hereby awarded the Star he wore during
his tenure as Chief of Police of the San Fran-
cisco Police Department.

AYES: Commissioners Ciani, Mruphy, Sanchez,
Toler, Siggins

The Chief then stated that that concluded his
report .

Commissioner Siggins then thanked the Chief and
asked if anyone had any questions for the Chief?

Mr. Bob Barry, President of the Police Officers'
Association, stated that just as a follow-up he
would like to follow-up on the Chief's last re-
port to the Commission: "You know he has been
the Chief for quite a long time and there has
been a lot of controversy in the Police Depart-
ment. There has been a lot of controversy be-
tween our Association and the Chief. There has
also been a lot of good things that have happened
in this police department and one of the things
that I am going to miss as an individual, is the
manner in which the Chief has dealt with the per-
sonnel on personnel matters and grievances . I
think he has been fair,' I think he has been ob-
jective, and I don't think in those terms that I
could ever criticize the Chief for what he has
done and the manner in which he has treated our
people. And that quality is going to be missed
and I hope that the Chief's successor has those
qualities because that's one of our most important
areas i-n protecting our members and their rights
and their working conditions. And I just want
to make that known to you. I have made that known
in the Press in the past and I think the Chief
and I and other members of our Board have had a
relationship that is a creditable one and we have
tried to deal on a rational basis on even the con-
troversy and I think to some extent we have been
able to achieve that. And I just want to extend
to you (Chief) best wishes."

Chief Gain: "Thank you very much Bob, I appre-
ciate that."

Commissioner Siggins then stated to Mr. Barry
that the Commission appreciated his coming forth
in that regard and stated to him that he (Chief
Gain) could hold his head high when you hear
remarks like that from the Police Officers ' Asso-
ciation.

— 1011 -

RESOLUTION NO. 712-79

PROPOSED ORDINANCE REPEALING SECTION 160.01 OF
THE SAN FRANCISCO TRAFFIC CODE.

WHEREAS, the legislature of the State
of California has enacted Senate Bill 848 amend-
ing Vehicle Code Section 22852 providing for
hearings concerning the validity of the removal
and storing of vehicles by public agencies; and

WHEREAS, the legislature has further
provided that such hearings may be conducted
by the public agency ordering the removal and
storing of vehicles; and

WHEREAS, the San Francisco Police De-
partment intends to conduct these hearings; and

WHEREAS, the legislature has provided
.that these hearings be the remedy for owners of
vehicles ordered stored by a public agency; and

WHEREAS, a conflict of law thereby
arises in that Traffic Code Section 160.01,
should it remain in effect, provides a remedy
outside the scope of the legislative enactment;
and

WHEREAS, the Chief of Police has re-
quested that this conflict of law be eliminated
through the repeal of Traffic Code Section 160.01;
therefore be it

RESOLVED, that the attached amendment
to the San Francisco Municipal Code be forwarded
to the City Attorney for submission to the Board
of Supervisors for adoption by them, thereby eli-
minating -the current procedure for recovery of
removed vehicles when the owner cannot pay the
tow fee .

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

HEARING OF RECRUIT OFFICER TYRONE HILL, POLICE
ACADEMY

Chief Gain stated that he was requesting that this
be continued to the next regular meeting and the
reason for the request is that Mr. Barry and Mr.

. ','

- 1012 -

Chlgnell came to him today to discuss the mat-
ter and pointed out, to him that there was some
factual problems in the documentation which
had been submitted to him that gave rise to the
charges. He said, in fact, he found that there
are some problems with it and, therefore, re-
quested a continuance to the Commission's next
regular meeting and then the Acting Chief next
week will have to entertain the matter as to
whether there will be a hearing and what re-
commendation will be made to the Commission
in that regard.

He also stated that the next recruit school
is scheduled for the seventh of January and it
might well be that next week the Acting Chief
will determine that based upon information that
will be available by that time that there should
not be a hearing and if he comes to that judg-
ment he will be requesting withdrawal of charges.
So if that should occur, he was asking the Com-
mission's permission to ask the Acting Chief
to designate that this officer be allowed to
start that school on the seventh.

RESOLUTION NO. 713-79

HEARING OF RECRUIT OFFICER TYRONE HILL, POLICE
ACADEMY

WHEREAS, the hearing of Recruit Officer
Tyrone Hill, Police Academy, was called, it hav-
ing been set for this date; and

WHEREAS, Chief of Police Charles R.
Gain requested that Recruit Officer Tyrone
Hill's disciplinary hearing be postponed and
re-scheduled for another date; therefore be it

RESOLVED, that the hearing of the dis-
ciplinary charges filed against Recruit Officer
Tyrone Hill, Police Academy, is set for Wednes-
day, December 26, 1979 at 5:30 p.m., in Room
551, Hall of Justice.

AYES: Commissioners Ciani, Murphy, Sanchez,
Toler, Siggins

Commissioner Siggins then asked the Chief if there
was any further matters to be discussed?

Chief Gain then stated that he had forgot to men-
tion for the fulfillment of his obligation, to

- 1013 -

submit to the Commission a report on the recom-
mendation of a centralized Community Relations
Unit. He said that he wanted to submit it to
the Commission under the reports of the Chief
rather than as an item on the Agenda because it
is a report that is going to call for future
action and that he would like, for the record,
for it to be acknowledged that he had fulfilled
the obligation to submit the report.

Commissioner Siggins acknowledged it and then
thanked the Chief and stated that the Commis-
sion would need time to study it.

Mr. Lawrence Wilson, Attorney for the Police
Department's Legal Office, then stated that
he would like to make some remarks : "Because
this may be the last time the Chief is here, I
just want to extend my appreciation in this
forum for the training he afforded me for the
year and a half that I have been on this job.
It's really been a privilege and an honor to
serve under a man of your caliber and your in-
tegrity and I want to just say that here before
the Police Commission."

Chief Gain: "Thank you very much Larry."

Commissioner Siggins: "Thank you Mr. Wilson."

Commissioner Murphy: "I would like to say as
one of the oldest members of this Commission
that it has been a pleasure to serve with you
and I think you have done a magnificient job."

Chief Gain: "Thank you. For four years it's
been enjoyable."

Commissioner Siggins: "I would say Chief that
I'd prefer going on vacation after a motion of
commendation made I would vote on it now just
as I did the night we did it unanimously a few
months back."

Commissioner Toler? "And I will too# being next
to the youngest member of this Commission, I
wish you the best and I thank you for your co-
operation and confidence, and the best to you."

Chief Gain: "Thank you very much."

Commissioner Sanchez: "I would just like to
throw out a footnote, as far as a time variable
I just wanted to say that although we, as a
Commission, we've had differences over the

- 1014 -

brief tenure in some< key issues, I think that
all of us, in particular myself, have been
totally impressed on a continual basis on your
high professionalism and integrity in law en-
forcement. And I think this stands you above
and beyond many, many people in law enforcement
agencies and that's one thing I know I have
respected in you as a leader is your total com-
mitment to professionalism in the department
from that context . And I think that that is
something that I hope will become a tradition
within the Department which I think you have
established in that context."

Chief Gain: "Thank you. If I may just comment,
I am fully confident that as far as the Depart-
ment, Improvements have been made during four
years and what will occur in the future is more
and more improvements. The Department, without
question, is on its way to excellence and we
will, in due time, be a model police department
in California. I mention it because some ex-
pressed apprehension that with a new Chief there
might be a change in adherence by officers, there
would be discrimination and that applies particu-
larly to the Gay Communities . I am confident
that this is not going to occur. That all of the
good things that exist will be carried on changed
as they need to be changed, that new innovations
will be adopted. So that there has been traditions,
there are traditions now which are good and we
,are going to see a continued advancement and
improvement in the Department, without question."

Commissioner Siggins: "I might comment there,
along the lines of the recent Grand Jury Report
and the POA's report on the riot, and I think
the most comprehensive report, of course, was
by the one we commissioned by the Stanford Re-
search Institute. And I accpeted that report
and met with the people who put that together.
The Project Leader, I think, was here and I sat
down with them and at that time they' knew that
you were leaving and they gave me that report
and they said that we feel that the city of San
Francisco is losing a great Chief of Police,
and I said yes, I know it and that was never
brought out. The papers want to only pick up
certain things from that Stanford Research Re-
port and said the report criticized the Chief.
It was up to them (SRI) maybe, if they wanted
to come back and say the things they said to
me and I am sure if the press has asked them
those things they would have said it to them
also. And John Taylor, who is the Project
Leader would, I'm sure, say that tonight. The
same thing he said to me. Because he wasn't
hiding anything."

- 1015 -

Commissioner Sigglns: "Well, we wish you a Merry
Christmas from the Commission to' the Chief, Deputy
Chief, our Secretary, the Court Reporter, Prince
Arcadia Merry Christmas and thank you for the
Christmas wishes . To my two dear friends from
Hope, I like you Alabama who are here in the aud-
ience and to each other."

The Commission then adjourned its meeting
at 1820 hours.

- 1016 -

26 DECEMBER 1979

REGULAR MEETING

The Police Commission Meeting on
this date was cancelled due to the
lack of a quorum.

DOCUMENTS DEPT.

MAR 1 7 1980

SAN FRANCISCO
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