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Extracted from Consolidated Report

This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.

Score: +7 (7/7/0)

San Francisco County Grand Jury • 2018-2019

Required Responses

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⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.

⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.

Findings 7 findings

F1 Page 31

The Pilot permittees advocate for safe behavior education for riders through community

F2 Page 31

The successful expansion of marked and protected bike lanes represents an opportunity to

F3 Page 31

SF Traffic Company enforcement efforts are currently limited to street vehicular traffic and

F4 Page 31

Injury data collected to-date by Zuckerberg San Francisco General Hospital (ZSFG), SF

F5 Page 31

The Pilot terms between the City and permittees require them to indemnify the City from

F6 Page 31

Current terms and conditions in the Skip agreement expose a contractual gap that delegates

F7 Page 31

A key obligation of the Pedestrian Safety Advisory Committee (PSAC) is to prepare and

Recommendations 6

R1
Page 32

SFMTA in coordination with Vision Zero SF should design a public safety campaign
R2
Page 32

Signage, stencils, visual symbols illustrating e-scooters, and/or other messaging should
R3
Page 32

SFPD Traffic Company should implement one or more “Focus on Five” enforcement
R4
Page 32

ZSFG, SFDPH, SFPD, and TNCs should collectively improve injury data reporting to
R5
Page 32

SFMTA, City Attorney, and TNCs should review and if necessary modify the City-
R6
Page 32

The Board of Supervisors should allow the Public Safety Advisory Committee to

Agency Responses 5

Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.

OFFICE OF THE CONTROLLER Controller

September 16, 2019 • 1 pages View Details ▾

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Office of the Mayor

September 16, 2019 • 1 pages View Details ▾

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OFFICE OF THE SHERIFF

September 12, 2019 • 8 pages • 6 responses • Score: +5 (+5, 1, 0) View Details ▾

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6 responses to findings and recommendations

For purposes of Penal Code Section 933.05, the Superior Court and City Services Auditor should record this Recommendation as “Implemented.”

Response: Will Implement

Score: +1

Was not correct. Here is the current response: Agree - DPH who conducts medical triage prior to booking does track and communicate this information. Recommendation #4 -The City should staff Jail Behavioral Health Services 24/7. DPH Response: Further analysis of mental health services delivery overnight is currently underway. Sheriff's Current Response: Disagree. While the Sheriff and the DPH Director agree we need more staffing, we must disagree as it is not a current priority. There have been many additional behavioral health staff added during who provide direct programmatic and therapeutic ...

No later than March 31, 2020, the SFPD should resubmit its response to Recommendation R.F.3 of the abovementioned report, providing insight into the processes surrounding the issuance of the RFP for consulting services by outside experts agreed upon by all stakeholders for a review of the policies and procedures of the Crime Lab. This should specifically address two issues: the possibilities for exemption from requirements for competitive bidding, and whether all stakeholders were consulted in r...

Response: Will Implement

Score: +1

Further analysis of mental health services delivery overnight is currently underway. Sheriff's Current Response: Disagree. While the Sheriff and the DPH Director agree we need more staffing, we must disagree as it is not a current priority. There have been many additional behavioral health staff added during who provide direct programmatic and therapeutic engagement of clients during regular hours. Jail Health Services covers all the jails 24/7 and there are behavioral health staff on-call at times who can be contacted if needed. Phone: 415 554-7225 Fax: 415 554-7050 Website: sfsheriff.com Ema...

The Mayor and the Board of Supervisors should reconsider and resubmit their responses by no later than December 31, 2019, to Recommendation R2.1 of the 2016-2017 Civil Grand Jury report The San Francisco Retirement System: Increasing Understanding and Adding Voter Oversight, remedying the deficiencies in the previous responses that are noted in this report.

Response: Will Implement

Score: +1

DataSF continues to be available to support departments in their publication process. Any department can start the publishing process. The Sheriffs Department must initiate the process. The Coordinator for the department is expected to identify the stewards and custodians to help make data available on the open data portal per policy. Sheriffs Response: We are happy to work with DataSF and agree we need to post our data on the open portal. That data is unavailable due to our antiquated systems and lack of resources at our IT unit. The Sheriff has requested appropriate staffing for the SFSD IT ...

In the 2016-2017 Civil Grand Jury report Educational Parity in Custody (EPIC): Ensuring the Quality of Women's Education in the SF Jail System, an apparent transcription error citing the "Five Keys" program instead of the "Sister" program led to an inaccurate Recommendation and resultant erroneous response. SFCGJ 2018-2019: SF Civil Grand Jury Continuity Report - 20 - (C) Improving Year-to-Year Continuity Effectiveness

Response: Agree Score: +1

Agree/Disagree) multiple respondent effects) [Response Due Date] Improving Continuity Review for F6 In the 2016-2017 Civil Grand Jury report Sheriff Agree-We have recently changed providers for Increased Public Accountability: Educational Parity in Custody (EPIC}: Ensuring the SISTER program.

By no later than December 31, 2019, the Sheriff should respond to recommendation R10 as it appears in the body of the 2016-2017 Civil Grand Jury report Educational Parity in Custody (EPIC): Ensuring the Quality of Women's Education in the SF Jail System. SFCGJ 2018-2019: SF Civil Grand Jury Continuity Report - 22 - (C) Improving Year-to-Year Continuity Effectiveness:

Response: Will Implement

Score: +1

Will be implemented in the Future. Sheriff's Current Response: Agree. In 2018/19 the CSA performed a staffing audit of our department. The final results indicated that the SFSD is severely understaffed with sworn personnel, and also recommended a number of positions that could be civilianized. Although the report was issued after our budget submission, we had some fore knowledge and requested 17 of the 37 recommended positions in our FY 19/20 budget. 11 of those were approved for a portion of the fiscal year and we plan to have those on-board by the end of this fiscal year. We will continue th...

R10

Since application development will span multiple years, a Continuity System Consultant should be engaged to support the development efforts. The Civil Grand Jury should select the individual to fill the position, to be funded from the Civil Grand Jury budget, for the first two to three years. Afterwards, the position could be renewed each year as needed. To ensure the necessary understanding of CGJ operations, the Continuity System Consultant should be a current or former CGJ member. SFCGJ 2018-...

Response: Implemented

Score: 0

R10 We recommend t�atthe Five Keys staff set up guidelines to measure the The recommendation has been implemented (summary The Sheriffs Department supports Five Keys in measuring performance In Custody (EPIC) success of its charter school program in terms of recidivism, change of of how it was implemented in next column) according to the metrics mandated by Five Keys' accreditation as a Report: Ensuring behavior, and success in re-entry for every participating inmates in the California pubic school, which is focused primarily on academic Equality of Five Keys program.

Police Commission Response

September 13, 2019 • 7 pages • 14 responses • Score: +2 (+2, 6, 0) View Details ▾

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14 responses to findings and recommendations

The 2007 MOU providing for JTTF participation expired by operation of the CCSF Charter. The Chief of Police agreed the MOU must be revised for it to be approved by the PC. The Chief acknowledged the concern of civil liberties groups to include oversight that is more transparent.

Response: Disagree Partially Score: 0

Finding 1. The 2007 MOU providing for JTTF participation expired by operation of the CCSF Charter. The Chief of Police agreed the MOU had to be revised in order for it to be approved by the Police Commission. The Chief also acknowledged the concern of civil liberties groups to include more oversight that is transparent. Partially Disagree. The Police Chief's discussions with the Civil Grand Jury were confidential, thus I am unable to comment on what was discussed or agreed to by the Chief. I am aware that members of the civil rights community have raised a number of concerns related to the SFP...

The Mayor and the Chief of Police should decide if rejoining the JTTF is in the best interest of the residents of our City and make this publicly known

Response: Unknown

Score: 0

Recommendation 1. The Mayor and the Chief of Police should decide if rejoining the JTTF is in the best interest of the residents of our City and make this publicly known by Feb 3, 2020. No response elicited from this respondent.

Communication and coordination between SFPD and federal authorities is less efficient and more cumbersome than when SFPD was part of the JTTF.

Response: Disagree Partially Score: 0

Finding 2. Communication and coordination between SFPD and federal authorities is less efficient and more cumbersome than when SFPD was part of the JTTF. Partially Disagree. The SFPD and FBI are in daily communication and I have not seen evidence that either communication or coordination are inefficient or cumbersome. The SFPD, for example, participates in NCRTC, a clearing house for public safety data and criminal activity in the region, and a recipient of JTTF intelligence and data.

In the event that the Mayor and Chief of Police decide to re-join the JTTF, the Chief of Police should negotiate a revised MOU with the FBI and submit this to the PC for discussion and public comment at an open meeting. This should be done no later than July 1, 2020.

Response: Unknown

Score: 0

Recommendation 2. In the event that the Mayor and Chief of Police decide to re-join the JTTF, the Chief of Police should negotiate a revised MOU with the FBI and submit this to the Police Commission for discussion and public comment at an open meeting. This should be done no later than July 1, 2020 I will not seek to implement this Recommendation. Any revision to the MOU between the SFPD and the FBI should involve a working group composed of interested stakeholders, as was the case in 2016-2017. The SFPD Chief and FBI cannot merely negotiate a new agreement. The issues are serious, the public ...

In the period of 2002-2017 SFPD participated on the JTTF, few formal complaints were made against officers conducting JTTF activities.

Response: Unknown Score: 0

Finding 3. In the period o

The President of the PC should designate a commissioner as a point of contact for all JTTF interested parties. This appointment should be completed

Response: Implemented

Score: 0

Recommendation 3. The President of the Police Commission shall designate a commissioner as a point of contact for all JTTF interested parties. This appointment should be completed by April 3, 2020. Recommendation has been implemented. The current President of the Commission is the designated point person for JTTF matters.

The Civil Grand Jury’s investigation did not detect any instance of non-compliance with a DGO by SFPD officers that had been assigned to the JTTF. Likewise, this investigation did not find any evidence that SFPD officers assigned to the JTTF were engaged in any form of enforcement associated with federal immigration laws.

Response: Disagree Partially Score: 0

Finding 4. This investigation did not detect any instance of non- compliance with a DGO by SFPD officers that had been assigned to the JTTF. Likewise, this investigation did not find any evidence that SFPD officers assigned to the JTTF were surreptitiously engaged in any form of enforcement associated with federal immigration laws. Partially disagree. I cannot determine what the investigation of the Civil Grand Jury detected or uncovered. I am aware of a finding a few years ago by the DPA, then the Office of Citizen Complaints (0CC), in case #15-0168, that a training failure had occurred resul...

The Chief of Police should instruct the WDU to expedite the revision process of DGO 8.10 immediately but no later than the first week of January 2020. The WDU in considering the revisions to DGO 8.10 should include a review of the R4a-f recommendations before submitting the revisions to the Chief of Police. The revised DGO should be forwarded to the PC for approval no later than July 1, 2020.

Response: Unknown

Score: 0

Recommendation 4-f. DGO 8.10 should contain only material that is necessary and pertinent to the functions of SFPD. All material that is unrelated to the SFPD should be removed from DGO 8.10 I will not seek to implement this Recommendation. DGO 8.10 contains references to matters inextricably intertwined with the rules and procedures for criminal investigations implicating first amendment activities. Whether the references are to the Police Commission's authority to review compliance with the guidelines, access to information by civilians, DPA audits, or the collection and maintenance of recor...

The secrecy obligations of SFPD officers in the JTTF require officers not disclose the classified material to individuals without an appropriate level of clearance and a need to know. These secrecy obligations are necessary but allow or cause speculation and concern by parties without access to classified material. Police Commission Findings

Response: Agree Score: +1

Finding 5. The secrecy obligations of SFPD officers in the JTTF require the said officers not disclose the classified material to individuals without an appropriate level of clearance on a need-to-know basis. These secrecy obligations are necessary but allow or cause speculation and concern by parties without access. Agree. I do note however, some work by participating law enforcement officers in the JTTF involves non-classified information which does not create a secrecy obligation.

The PC is an essential party to SFPD’s future participation in the JTTF. The PC has the authority to bring any proposed MOU and any related DGO up for discussion and public comment at an open meeting. In addition, the Chief of Police is required to provide them a public report every year with appropriate public information on the Police Department’s work with the JTTF.

Response: Agree Score: +1

Finding 6. The Police Commission is an essential party to SFPD's future participation in the JTTF. The Police Commission has the authority to bring any proposed MOU and any related DGO up for discussion and public comment at an open meeting. In addition, the Chief of Police is required to provide them a public report every year with appropriate public information on the Police Department's work with the JTTF. Agree. I add that the Police Commission, in addition to having the "authority to bring proposed MOU and related DGO's up for discussion and public comment," also has the authority and res...

Presently, the PC does not have a representative for JTTF matters. It would be beneficial to have a designated commissioner as a point of contact for all parties interested in this issue. DGO 8.10 Findings

Response: Disagree Partially Score: 0

Finding 7. Presently, the Police Commission does not have a representative for JTTF matters. It would be beneficial to have a designated commissioner as a point of contact for all parties interested in this issue. Partially disagree. It is beneficial to have a designated Police Commissioner as a point of contact for interested parties. Civil Grand Jury Representatives were advised that the President had appointed himself as the "designated commissioner of contact" for matters related to the JTTF.

SFPD DGO 8.10 was described as confusing and ambiguous by several law enforcement witnesses. It does not contain clear and concise wording and references are inaccurate. In order for SFPD officers to comply with DGO 8.10, it needs to be revised and updated.

Response: Disagree Partially Score: 0

Finding 8-f. At present, DGO 8.10 contains extraneous material regarding duties required of other than SFPD officers. Partially disagree. DGO 8.10 is designed to address protocols for the SFPD when a criminal investigation involves first amendment activities. The DGO also contains references to matters inextricably intertwined with the rules and procedures for criminal 4 investigations implicating first amendment activities. Whether the references are to the Police Commission's authority to review compliance with the guidelines, access to information by civilians, auditing by the DPA, or the c...

Starting in 2019, the Superior Court should advise incoming Civil Grand Juries that their Continuity Committee is a Standing Committee, charged with reviewing responses to the Recommendations of prior Civil Grand Juries for compliance with both the law and the intent of the Recommendations, and with maintaining complete and up-to-date records of all pertinent CGJ activities in the database recommended above, and the CGJ should establish such committee.

Response: Unknown

Score: 0

r 8.10 should be revised to eliminate the conflict that exists between the statement of principles only referencing the First Amendment rights guaranteed by the United States Constitution, but the term First Amendment Activity being defined as rights guaranteed by both the Constitution of the United States and the Constitution of the State of California. It is recommended that the statement of principal incorporate wording to be reflective of the protections provided to First Amendment activities by both the state and federal constitutions. I will seek to implement this Recommendation so that ...

F10

Definition of the roles and responsibilities of all the stakeholders in the Civil Grand Jury process would improve functionality, efficiency, and output. SFCGJ 2018-2019: SF Civil Grand Jury Continuity Report - 21 -

Response: Unknown Score: 0

f 0CC should be corrected to the Executive Director of DPA. I will seek to implement this Recommendation in accordance with the Police Commission's schedule of review for DGOs.

Fire Commission Response

September 11, 2019 • 7 pages View Details ▾

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