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Full text of "Minutes - Police Commission of the City and County of San Francisco"


If 


SAN FRANCISCO 


PUBLIC LIBRARY 



DOCUMENTS KPT. 



REFERENCE BOOK 

Not to be taken jrom the Library 

■ 



Q 



DOCUMENTS DEPARTMENT 



!JUL 9 1990 



SAN FRANCISCO PUBLIC LIBRARY 



3 1223 03475 2916 



Set Sc%//ft 

tTuii- Dec 

2 JU LY i KCIAL MEETI NG 

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 



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No^Police Commission meeting was had 
on this date. 



OCT 19 1979 



DOCUMENTS DEPT. 
S.F. PUBLIC L 



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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, 8 r >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. '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 50 1 

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 stkek 1 ! 1 - tummy 1 :: 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 



- 588 - 



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 M CUJSIV E. 



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 vet 1 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 ) - 



l ft JULY 1975 REGULAR MEETING 

Th^Pollce Commission of the City and 

County of^ian Francisco, met in their chambers, 
Room S51» Hal] of Justice, fi r >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 2 1 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 L c 35' 

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. JO SEPH'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, ATI, ft .TUT, T ) 



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. H r ">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 



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. 
(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 
dut t . | 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: 



" 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 ve- 
hicular' and pedestrian traffic and 
travel upon public highways. While 
off duty, a member shall take all rea- 
sonable steps consistent with Rule 7-12 
to preserve the peace, prevent crime, 
detect and arrest offenders and enforce 



- (.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 2.03 a 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 



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 [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 



6? 



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, 8 r >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 r 1 '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 3S r to 111' west 
of Masonic Avenue. 



- 637 - 



.?_31Q.--TJJ. F Jff 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 - 



RESO LUTION NO. 4 57-79 



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 



RESOLUTIO N NO. 460-7 9 
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, l 7 q 

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



- 640 - 



R ESOLj [T T ON NO. 4 6 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. ^67-7 

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 AU GU ST 19 79 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 S TREET - 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 - 



RESOLU TION 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< x f : > ' ■ '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 - 



RESOLUTI ON 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 3 5 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 k 1 . and Poll 
Officers Dillard and Gonsolin I nged and up- 
;r led bo a SJ lver Meda 1 of Va Loi Por i 



n 



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 



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. 



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 



"i 



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 M 1 

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 S OLUTION 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 Sanchez 1 ,• "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." 



- 7 li . 



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 $39 s 
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, 1979 3 
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 $39 s 820 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 



- 7 r >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 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 5 3 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 - INT ER NATIONAL 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 H5 1 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. 

4 

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 



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 : 



- 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 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, 1979 3 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< ^ - 



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 



« ~yi L ii-^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£«Aft Y 



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 



9 



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---' 



4- 



/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 



'9 



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 Gain 1 "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 GUST O 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?, l l *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, 197 9, INCLUSI VE ._ 



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 
H y 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. 



8: 



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. 




n 



7L 



L •>-. 



J 



> 



. -~ 



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 DO CUMCNTS 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 - 1-/ :'i r-'i , r-ftvoko existing 

'0' s e Llow zone, e xl endi rig i'n im j l ' 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 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 - 



RESOLUT ION N O. 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,. 

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 



r4 



m 1979 ae cutive 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 REG ULAR 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 C LEANERS 



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. 



b) 



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 



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; 



- 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 

it 



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. 



H 




ACTING SECRETARY 



f*'*G ***** 



DOCUMENTS DEPT. 

NOV 1487* 



- 853 - 



SAN FRANCISCO 
PUBLIC LIBRARY 

8 O CTOBER 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; 



- 8 r . r ". - 



c) 



d) 



b) On March Jjj 1979, at approxiJ- 

iiic accused, 



mately J J:;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 t n . «Mfr 






5 



M 



- 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 — 

2_ 



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 REGU LAR MEETIN G 

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. 601-7 r: > 



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 



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: 



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 - 



RE SOLUTION 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 - 



CHI EF'S R EPO RT TO THE POLICE C OMMISSION 



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 k t 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 



I 



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 

I 

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. 



b) 



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 

Police Officer 

Police Officer 

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 #3 r Columbia '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 36 1 
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. 

i 

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: ~- a f R'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 

i 

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 9 1 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 

■" v v 

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 lk a 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 



V 



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 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 551 5 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 



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 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 's J 7. 

JA, 980 

CO 



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 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. 

3 J 4 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 7 MONTGOMERY STREET - S.F.P.D . 



a) At 807 Montgomery Street, revoke existing 
24' white zone, extendi rig 2H 1 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 



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 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 J h3 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 other 1 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 other 1 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 - 



RESOLUT ION 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 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 . 



■ f 

■ CRETARY " , 1 



( 



J 



- 1002 - 



) 

71 



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 -of 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 - 



RESOL UTION 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 - 



hi 



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 
PUBLJC LIBRARY