Rumor control…

It never ceases to amaze me how much time has to be spent lately conducting rumor control. There are absolute important and legitimate concerns shared by everyone in this department from academy class recruits to those sage veterans who are contemplating retirement with a healthy dose of concern from everyone in between. The concerns range from whether or not layoffs are going to occur; whether or not the POA is going to reopen the contract and "give up" our scheduled and contracted pay raises, (4% in July and 2% in late December of 2010); whether or not the Chief is going to bring another command staff member from an outside jurisdiction as well as thoughts pertaining to the health and future of the DROP program.

These are all issues that have been discussed at great length during recent POA Board of Directors' meetings. These are all concerns that I trust have been discussed at line-ups by your POA Station or Unit Representatives throughout the department. These are all subjects that when discussed rationally and intelligently can go along way in dispelling rumors and avoiding rumor, innuendo and misinformation.

One of the more serious issues related to the rumor mill involves the very sensitive matter of discipline and disciplinary cases involving our members. There can be very little more maddening and frustrating than to hear one our members has been fired by the Chief or the Police Commission or that a member was forced to resign because an unfortunate incident. Recent rumors have included such examples as listed above and the members affected were deeply hurt and could not understand why anybody would to start such garbage. Personnel matters are often confidential and private matters. Quite often, members are advised by their counsel and rightly so not to talk about their cases. The landmark Copley Decision that protects employees in disciplinary matters also ensures our members' confidentiality and privacy.

We should all consider the harm caused when rumors are carried on and accepted as gospel truth without any base or foundation. Enough said about that…

President Gary Delagnes has stated on many occasions that he will not reopen the contract and he has absolutely no intentions on giving back prospective pay raises as referenced above. Due to the poor economic state and considerable financial hardships facing the city last year the POA membership voted to reopen the contract and make concessions consisting of a two year suspension of the Wellness Program and shaving one hour off of each end of the stated "Night Differential Pay Compensation" as well as deferring 2% of a scheduled pay raise thereby saving the city an estimated 16.7 million dollars. We wanted to do our part to "share the pain" and to take a positive step in showing the citizen's of San Francisco that "we get it, and that we wanted to help.

At the same time, Gary advised our "City Fathers" that this was a one-time deal and that he would not ask the membership to reopen the contract again. In essence he was telling them to "lose our (telephone) number."

And as we all know, this year has been no better and Police Chief Gascon has received an edict from City Hall to shave approximately 30 million dollars from the police budget. That's a tall order when a great majority of the police department budget goes toward salaries, (approximately 85%).

The Chief has been able to cut out 12 million dollars form the budget leaving him 18 million short. That's when the city once again came to us and asked if we'd be willing to forego our pay raises and Gary and the Executive Board of the POA responded with a resounding No!

The Mayor's Chief of Staff, Steve Kava addressed the POA Board of Directors' during the March meeting and gave the board a report on the economic state of affairs which he painted as pretty bleak. There was a question and answer session that was respectful but direct and with little fanfare. Our Board made it quite clear that we are not inclined to "give back" as there are no and can be no guarantees that we will ever get that money back or ever see those raises again. What's to stop them from saying next year that; "I know we have a deal but we just don't have the money now to carry out our end of the deal?" I just don't trust the city when it comes to matters such as this and neither should you.

As for the Chief of Police bringing in an outsider to fill an open Command Staff position, The Board of Supervisors would have to approve such an action as it falls within the City and County of San Francisco's Administrative Code. The Supervisors changed the Code once and it is not likely they will do it again so soon after changing it so recently.

The DROP Program will be evaluated by the Board of Supervisors next year and vote on whether or not it should be continued. With so many retirements of our members looming in the very near future (almost 600 members of our 2,000 member force are eligible to retire) coupled with the fact that there are very few academy classes (if any) are scheduled for the immediate future, the department will need to maintain its current personnel. We will have to show that the DROP Program has been able to maintain a "Cost Neutral" status.

So, I hope this goes a way towards addressing some of these issues. Please pick up the phone and call the POA and ask if anyone is around to answer a question or address a concern. We will be happy to oblige you.

UCSF Hospital visit…

Once again our members came through big time with their hearts and smiles. On Thursday, February 25, 2010, Officers Chris Oshita, Molly O'Leary, Patrice Scanlan and Tessa Donati, all of Taraval Station, found themselves surrounded by young children and their families at the Child Life Center of UCSF Hospital. The officers were there to spend a couple of hours with the youngsters and playing BINGO with them. The officers had a great time and as always, the kids had a blast.

The hospital staff maintains that the Police Department monthly visit is always the kid's favorite. These visits never get old, and the officers always seem to genuinely have a great time and often ask when they can visit again. Although there was a brief change in scheduled visits, we are back on track this month.

April 14, 2010 is the next scheduled date for our visit and times are tentatively set for 12:00pm - 2:00pm and from 6:00pm - 8:00pm. Please call me at the POA office at 415-861-5060 if you are interested in spending a couple of outstanding quality hours with some very special youngsters. It means so much more than you might realize.

Thanks again to the kindness of Chris, Jaime, Tessa and Patrice, as well as to Scott Biggs who assisted in the coordination of the visit, and of course to Captain Denise Schmitt of Taraval Station for her kindness and consideration in this wonderful effort.

Buzz the Fuzz…

Speaking of outstanding efforts, Inspector William "Bert" Siebert of the ATF/SFPD Narcotics Task Force is Chairman of the 2010 " Buzz the Fuzz" event that will be held on Friday, May 7, 2010 at Justin Hermann Plaza (the foot of Market St. near the Embarcadero) at 12:00 pm. Once again, this great effort is a fundraising event benefiting the Wish Upon A Star Foundation that benefits kids with cancer. This "Buzz the Fuzz" event will be the first since 2007 but the seventh campaign overall.

This has always been a very popular event for the members of our department and members of neighboring law enforcement communities. Since the first Buzz the Fuzz event in October of 1998, Bert estimates that between 400 - 500 police officers (men and women) have shaved their heads and in the process have raised over $750,000.

The origins of BTF can be traced back to Sidney, Australia where police officers wanted to do something to raise the profile of "Kids with Cancer." The officers organized efforts to visit these youngsters in the hospitals. In doing so however, the officers found the children to be very self-conscious of their balding heads, a result of the chemotherapy treatments. The officers devised a plan to alleviate the shyness of the kids by shaving their own heads to raise funds. The first event took place in 1998 and was called "Bluey Day." Bert and Rob Ziegler of SFPD Vice-Crimes responded to a bulletin announcing the event and three weeks later found themselves awash in Australian beer and joining their Australian counterparts visiting several hospitals and raising money for the youngsters. In that particular event, over 1,400 Police Officers (men and women) from around the country as well as Canada descended upon Sidney to shave their heads and show solidarity with their bald compatriots. A photo memorializing the event took place on the front steps of the Sidney Opera House, which had to be taken in four separate sequences.

Bert and Rob returned to San Francisco and in short order planned and organized the event for that October. They did an incredible job turning their efforts into an outstanding success. Law Enforcement officers from Australia and Canada joined many officers from the SFPD as well as other Bay Area agencies such as the San Francisco Sheriffs, Oakland PD, Colma PD, Albany PD, Monterey County Sheriff, as well as San Francisco Parking Control Officers.

The heads were shaved at "City Nights" Night Club at 715 Harrison St. in the afternoon and later that evening a great party celebrating the event was held at "Bimbo's" 365 Club at 1025 Columbus Ave in North Beach. The highlight of that night was an incredible show put on by one of San Francisco's all time great garage bands, "R.W.S." (Release When Sober) comprised mainly by members of the SFPD. The band's motto was, "The more you drink, the better we sound."

It was a great night and a great fundraiser.

Similar events have taken place over the years, and this year's event promises to yet another great one. If you would like to volunteer or in some way become involved in this event, or if you have any questions related to this year's Buzz the Fuzz, please contact Bert Siebert at 415- 902-8556.

Cycling for Special Olympics…

Officer Rory Preston of Ingleside Station is certainly doing his part in spreading goodwill to others. Rory and other Law Enforcement Officers will be raising money for the Special Olympics by bicycling in a 25 and 50-mile cycling event hosted by Oakland PD; Hercules PD; El Cerrito PD; Martinez PD and Benicia PD. This is a family-friendly bicycle challenge ride to benefit the Special Olympics. Starting and finishing at Waterfront Park in Martinez, the course will consist of two 25-mile loops that will take riders across the scenic Carquinez Bridge and the new Benicia Bridge. A support "sag" vehicle will be mobile along the route to assist and encourage cyclists. "Refueling" stations along the course will also be available.

$40.00/ Rider registration fee includes post ride lunch. Register at http://bikethebridges.kintera.org/.

Reach the $150 fundraising goal and earn a commemorative challenge coin.

Reach the $250 fundraising goal and earn a challenge coin and a jersey!

8:30 am check-in, 9:30 am ride. You must wear a helmet.

For further information, please contact Officer Rory Preston at Ingleside Station at 415-404-4000, or Sgt. Shawn Maples of El Cerrito PD at 510-215-4414 ext.#26

Thanks Rory for your great effort and contribution to the Special Olympics!

Congratulations to Robert's Corned Meats…

The Robert's Corned Meats Co. and their family owned and operated business at 1030 Bryant St. is to be congratulated on their 100-year anniversary. Mr. George Henry Roberts, who immigrated to San Francisco from New Zealand and opened his business on March 1, 1910, started this great San Francisco tradition. Robert's is the oldest corned meats company in the Bay Area. Robert's, which has maintained family ownership over the past one hundred years, is now owned and operated by Mr. Jim Dixon. Jim's daughter, the wonderful and very kind Deborah Dixon runs the day-to-day operation of the business, and Jim's son Greg serves as the very capable office manager. The Dixon's have an outstanding and very friendly staff of many years service to San Francisco including General Manager Franz Wohlauf, Jesus Jimenez; Saul Sicairos and Rigo Campos.

Recently, San Francisco Mayor Gavin Newsome presented a proclamation to Robert's Corned Meats, the Dixon Family, and the employees of Robert's indicating that Wednesday, March 17, 2010 and every Saint Patrick's Day hereafter will be designated as "Robert's Corned Meats Day" in San Francisco!

The POA has been doing business with Robert's for many, many years. The POA calls upon Robert's for all of our Thanksgiving Day turkey raffles benefiting the members and families of the POA. The POA also relies on Robert's to assist us when our association donates turkeys to community groups such as St. Anthony's Dining Room.

On behalf of the entire POA membership, congratulations to Robert's Corned Meats, the Dixon Family, and to all their staff for all the outstanding service provided to the San Francisco community for one hundred years and all the very best for another 100 years!

The POA also fondly remembers our dearly departed friend Patrick Moriarty, who was the face of Robert's Corned Meats for many years. Pat was a great friend to many a policeman and fireman. I, along with so many others, miss Pat to this very day…

CPOA Memorial Run…

The California Peace Officers' Association presents its 5k and 10k run is a family oriented event open to all Law Enforcement Officers, their families, and friends which will be held on Saturday, May 8, 2010 at Shadow Cliffs Regional Park in Pleasanton, Ca. All proceeds from this race/event go directly to C.O.P.S. (Concerns for Police Survivors), an organization whose sole mission is to assist with the rebuilding of lives of surviving members of law enforcement officers killed in the line of duty.

Each year between 140 and 160 officers are killed in the line of duty. Their families and co-workers are left to cope with the tragic loss. C.O.P.S. has over 15, 000 members and provides resources and assistance to help these families rebuild their shattered lives. There is no membership fee to join C.O.P.S. for the price paid is already too high.

Race Details: Race day registration / check-in begins at 7:30 am. Both the 5k and 10k run begin at 9:00 am. All runs are entirely inside Shadow Cliffs Park.

This race also features a kid's fun run, a challenging and scenic 1-mile course inside the park for kids up to 12-years old. Participants will receive a T-shirt, food ticket, and finisher awards.

The 5k (run/walk) or 10k run is a $30 registration fee and the Kids Mile $10. (Add $5 additional for race day registration. Pre-registration deadline is May 3rd. Register on-line at http://www.onyourmarkevents.com/ or send your registration checks made payable to CPOA to "On Your Mark" at P.O. Box 1199, Arnold, Ca. 95223.

For additional information, please contact http://www.norcalcops.org/. Thank you in advance for your support of this most worthy cause.

California Peace Officer Memorial Ceremony…

This year's California Peace Officers' Memorial Ceremony will open in Sacramento with a Candlelight Vigil beginning at approximately 8:00 PM and lasting approximately one hour on Thursday, May 6, 2010 at Tenth Street and Capitol Mall. The Memorial Services will be held on Friday, May 7, 2010 at the Capitol Mall itself. This year, the Memorial Foundation will honor Sergeant Greg Hernandez of the Tulare Co. Sheriff's Dept; Sgt. Mark Dunakin, Sgt. Ervin Romans II, Sgt. Daniel Sakai, and Officer John Hege, all of the Oakland Police Department; and Sergeant Steven May, Modesto Police Department.

Please plan to renew your spirit and dedication to our vocation by attending this solemn but powerful memorial service.

HOJ parking…

Parking has always been a cause for problems and major headaches around the Hall of Justice, but the problem seems to have increased lately with many of our members being issued very costly parking citations. It seems the Department of Parking and Traffic has been given an edict to step up their enforcement around the Hall, and it has certainly affected our members' pocket books. It is incredibly frustrating trying to find parking around the Hall when you are trying to go to court or work. It becomes even more troublesome and frustrating when you finally find a spot, go to court and return to your vehicle only to find that you've been cited even though you have a current court subpoena posted in the windshield of your car indicating who you are and where you can be found if necessary.

What's even more frustrating is to see the empty parking lots or lots with a number of available spaces in or about Oak Grove Alley.

It would be wonderful if the department could coordinate its efforts with other "powers that be" to work in resolving this maddening problem.

Any suggestions from the gallery or the 5th floor? Please share your ideas with you POA Representative or with me. I am open to any common sense approach to alleviating this headache.

Harry Dorfman for Superior Court Judge…

Assistant District Attorney Harry Dorfman has announced his candidacy for Superior Court Judge this November. As many of you may know, Harry is a very competent, dedicated, successful and popular member of the District Attorney's Homicide Prosecution Team. Many of our members will never forget Harry's outstanding work in the successful prosecution of David Hill, the sub-human parasite who killed Officer Isaac Espinoza and shot Officer Barry Parker in early April of 2006. The POA is hosting a fundraising event for Harry on Thursday, April 1, 2010 at the POA Building at 800 Bryant St. from 5:00 PM until 7:30 PM. Please plan to attend and show your support for a good man who will restore a common sense approach to the San Francisco Judiciary.

More to celebrate…

Congratulations to all of the sons, daughters, relatives, and loved ones of POA members currently in the eight grade who are receiving acceptance letters from their future high schools! What a thrill it must be for them as they open that envelope (or computer screen for on-line results) that will initiate their immediate futures and beyond. I would especially like to congratulate Caitlyn Cadigan who was accepted into San Francisco's #1 high school, Sacred Heart, that little cop factory on Ellis St. Caitlyn is known to our members for all her outstanding volunteer work at Family House near UCSF Hospital for the past two years. Caitlyn has plans to attend Summer School as well as taking a class or two at the Academy of Art University in our Summer Art Experience program before her Fall classes begin. Good for you Caitlyn, Way to go! Caitlyn is so excited that she's already sporting a sharp looking "IRISH" sweatshirt.

O.C.C. Report…

Let's take a short step back in time to 2005 and 2006. Over growing frustration with the O.C.C.'s failure to adhere to its own policies, practices and procedures under agency director Kevin Allen, the POA appealed to the Police Commission for an investigation. Initially we were rebuffed and told the Police Commission itself would consider our concerns. Obviously we were not satisfied with that response so Steve Johnson, John Evans, the O.C.C. Defense Team and I worked together and produced enough evidence to finally convince the Police Commission to call for a formal investigation. On May 3, 2006, The San Francisco Police Commission adapted a resolution asking the Controller's Office to conduct a performance audit of the O.C.C. to analyze whether the O.C.C. is operating efficiently and whether it complies with relevant legal and procedural requirements.

The P.O.A. was ecstatic as we were convinced that our concerns would be validated by an independent entity. Steve Johnson and I met with Mr. Mark Tipton of the Controller's Office who was conducting the investigation on two or three occasions. We were given the opportunity to voice our concerns and frustrations over the incompetence and gross mismanagement of the O.C.C. We expressed our concerns that O.C.C. investigations were not fair or equitable to our members and that we had little or no faith in the process.

The Controller's Office completed their investigation/audit on January 24, 2007 published their findings which revealed, "Weak Case Management and Organizational Issues Degrade O.C.C.'s Performance." The report in part also revealed that the "O.C.C. Management Does Not Meet Standard Expectations for Performance and Management Accountability."

Shortly after the audit was completed, Director Kevin Allen resigned and a new Director was named.

The P.O.A. had hopes that a change in administration and direction would benefit the staff and employees of the O.C.C., the citizens of San Francisco and certainly the members of the S.F.P.D. and P.O.A. I had great hopes that the changes at the O.C.C. would bring a renewed sense of fairness and credibility into the process. I was hoping that the O.C.C. would step up its professionalism and sense of integrity. I had hopes that the O.C.C. would render fair and level headed findings from conducted investigations. I was also hopeful that the O.C.C. would allow itself to account for "human error" in considering findings as a result of their investigations.

We have come to find that the O.C.C. is falling back into behaviors that are causing us great concerns. For example, in a recent O.C.C. investigation, the charged officer received an allegation of writing an incomplete or inaccurate police report. This investigation stems from an incident in the Mission which was very complicated, chaotic, and very confusing that involved multiple suspects in different locations, several officers, and enough complicated twists and turns to fill a roller coaster ride.

I represented this officer at his O.C.C. investigation, and the officer did a great job answering all questions capably and convincingly. The officer maintained all his actions fell within the policies and procedures of our department and that he engaged in absolutely no police misconduct.

The officer later received his findings, most of which were very favorable. The O.C.C. however sustained the allegation of writing an inaccurate or incomplete police report because the officer inadvertently indicated that the prisoner was booked at C.J. #9 and not at the local district station, although in the narrative portion of the report the officer correctly indicates the location of booking.

We are also finding our members receiving sustained complaints for forgetting to enter E585 data (traffic stop information) or for other very minor administrative oversights that have nothing to do with the nexus of the citizen's complaint.

I think the current O.C.C. director is finding is that in an overwhelming majority of times our officers are doing their jobs correctly and certainly within the confines of the policies, practices and procedures of the San Francisco Police Department. I also think that a majority of O.C.C. Investigators believes that our members are doing their jobs according to script.

The hard evidence bears this out as the O.C.C. sustains less than 10% of received complaints on an annual basis. For example, in 2005, of the over 800 O.C.C. complaints received, only 7% of those complaints were sustained. I am very confident that the years since 2005 have not shown a dramatic increase (if any) of sustained complaints. I wonder what the sustained complaint percentage would be if the O.C.C. took into account human error as noted above. (Much lower, I believe.)

I do not believe for one moment that the amount of complaints received by the OCC has increased but the number of officers' required to respond for interviews whether warranted or not sure has sky rocketed. There have been a number of interviews that have been completed in less than five minutes once the investigator realizes that although an officer may have responded to a scene he or she had absolutely no involvement in the incident. O.C.C. needs to stop relying on a computer assisted dispatch (C.A.D.) sheet to determine who should be called in for an interview. It's a great bet that if you are on the CAD you will be getting a nasty gram from O.C.C.

This charade has become a complete embarrassment to the O.C.C., its investigators and a complete waste of tax payers money as they would rather see officers' on patrol instead of explaining to an investigator that, "I just responded to the scene to see if everything was ok. I was advised that everything is "Code 4" and then went back into service. That's all I did."

I know that the O.C.C. is caught up in a numbers game and they have to justify their existence, but I wish that the management of O.C.C. would consider a more common sense approach in these specific matters. I cannot believe that our officers are getting sustained findings for such nonsense. I do not believe that our officers are purposely making these "human errors" to throw anybody off track or to confuse or alter the facts as presented in an incident report.

There is a current feeling among several of the investigators that I have spoken to that they wish their supervisors would not hold officers accountable for such minute errors. Most of the investigators see how these findings undermine the main mission of the O.C.C. and as a result a tremendous lack of credibility.

I don't blame the investigators in this as they do their investigations and render their findings. It is clearly the management of O.C.C. that appears to be out of touch with reality.

The management of O.C.C. has also deemed it necessary for its investigators to conduct interviews in every case involving uses of force and search issues. I recently represented sixteen (16) officers in one case and members of the O.C.C Defense Team represented over twelve (12) members in another. In the first case, most interviews were at least one hour in duration. This does not include interview research and preparation time. It is amazing the amount of time officers were taken off the street to complete this investigation. I trust that when all is said and done, all officers will be cleared of any misconduct allegations.

I can only imagine how frustrated some of the O.C.C. Investigators are while engaging in this exercise in futility. They are falling behind in their other cases because they do not necessarily have the autonomy to dictate the direction of their investigations.

Soon, the O.C.C. powers that be will insist that all officers charged with biased or raced based policing will be commanded to appear for an interview, as opposed to submitting a Member Response Form. In all my years of representing our members at the O.C.C., I can't think of one officer who has received a sustained complaint for such a serious allegation. It is almost impossible to prove a racial profiling allegation without some irrefutable evidence. Most of us realize that that allegation is usually a retaliatory complaint because it is so easy to make.

I wonder if when contacting a citizen who made a complaint the O.C.C. advises the citizen of the finding as a result of the investigation. I would be very surprised if the O.C.C. advised that a complaint was sustained not for the supposed police misconduct but because the officer might have checked the wrong box on a citation or accidentally put the wrong location of a booking. Somehow I don't think so. Does the O.C.C. really think a citizen who received a traffic citation cares if any E585 information was reported and filed? Where does that information go anyway? Who handles the E585 data and what is done with all those entries?

Maybe it is time for the O.C.C. Management to take a second look at some of these issues. Maybe they can factor "human error" into the equation as just that, a human error and not some conspiracy to purposely alter an investigation or hide something.

Or maybe we might have to make another call to the Controller's Office . . .