SFDSA Files Lawsuit Against SF Sheriff

At some time prior to July 8, 2022, the City and County of San Francisco Sheriff’s Office decided to create a pilot program in County Jail #3 (“CJ3”) in housing unit 5. The San Francisco Sheriff’s Office had two employees evaluate the functionality of the program and identify any concerns they saw with the changes proposed by the Sheriff’s Office. These deputies found numerous safety concerns that made it difficult to perform the regular safety checks of the inmates in some cases and completely impossible in other cases.

Despite the safety concerns, on July 8, 2022, the changes were implemented.

CJ3 has multiple housing units that are the shape of a circle with inmate cells on the perimeter of the circle. This circle is divided into to sides, the A and B sides. Inmates from A cannot cross over to B and vice versa. On one side of the dividing line is a “Crow’s Nest” or a tower with windows that can look out over portions of both the A and B sides of the housing unit. This Crow’s Nest has previously not been used.

Prior to July 8, 2022, CJ 3 has always had 2 deputies working a general population housing unit. One each on the A and B sides. These deputies worked on the floor with the inmates.

Safety Checks are required to be done every hour. There are state laws, known as Title 15 rules, as well as a San Francisco Sheriff’s Office policy, CODM 4.04, which outline the minimum requirements for these safety checks. The purpose of the checks is to maintain safety and security in the jail for staff, visitors and the inmates. Some of the requirements of these checks include noting the skin color of the inmate, the rise and fall of the chest, movement that indicates life, looking for any signs of illness or distress, inspection of cell doors and windows and a search for any apparent contraband or hazards.

These safety checks were completed by the deputies working on the floor but walking up to each inmate cell door and observing the inmate, the cell and surrounding area. Sometimes, at night, a flashlight would be required to properly check the welfare of the inmates.

On July 8, 2022, this changed. No longer would there be any floor deputies. Now, only one deputy, instead of two, would monitor all the inmates by him/herself, from the Crow’s Nest. In the event of an emergency, the deputy in the Crow’s Nest was not to leave and assist an inmate having a medical emergency, being attacked, or attempting to harm himself, instead, the deputy is now required to call for help. Deputies who are roaming around the rest of the jail would then have to respond and handle the situation, wasting valuable time.

The San Francisco Sheriff’s Office was unable to remedy all the safety concerns raised by the two employees who evaluated the new Crow’s Nest plan. The San Francisco Sheriff’s Office administration directed Crow’s Nest deputies to utilize binoculars to assist them in seeing the inmates better. While this may help with viewing some of the inmates when the lights are on, they do little to help at night and cannot solve the problem of the inability to see some of the cells at all, with or without binoculars.

The DSA sent a letter to the San Francisco Sheriff’s Office on July 18, 2022 and it was resent to the Director of Employee Relations, on July 22, 2022. This letter demanded that the new Crow’s Nest practice stop until the parties can meet and confer over the impacts and effects of it. Numerous impacts and effects were listed in this notice.

The San Francisco Sheriff’s Office responded on July 26, 2022, refusing to maintain the status quo until the parties were able to meet and confer.

Within days of its implementation, a fight broke out in one of the cells in the evening and it was not discovered until the next morning. This is evidence of the lack of safety the DSA was concerned with when it demanded the San Francisco Sheriff’s Office cease and desist its new Crow’s Nest practice.

March 28, 2022 RFI.

On March 28, 2022, the DSA requested information necessary and relevant to ascertain the dates, times, and shifts that the San Francisco Sheriff’s Office fell below the minimum staffing required by the MOU. (Exhibit X) Arbitrator Alexander Cohen previously resolved a grievance filed by DSA when the San Francisco Sheriff’s Office previously violated the Minimum Staffing section of the MOU. Arbitrator Cohen issued his ruling in favor of the DSA in 2017 in favor of the DSA. In his decision, he awarded damages to be paid to those members who worked on shifts that were below the minimum staffing required by the MOU. Because the San Francisco Sheriff’s Office continued to fall below the minimum staffing, the DSA filed a new grievance on March 4, 2022. The RFI filed on March 28, 2022 was to gather necessary and relevant information to calculate the damages incurred by the DSA members as the result of the San Francisco Sheriff’s Office’s current grievance for again violating the MOU. (Lomba Decl. ¶ 9)

The March 28, 2022 RFI was acknowledged received by the City Attorney’s office and forwarded to the Employee Relations Division (ERD) to respond. No response from ERD was ever received. (Howell Decl. ¶ 6 and 9; Exhibit 3) On May 2, 2022, the DSA followed up with ERD and the City Attorney’s office and demanded production of the RFI by May 9, 2022, which never came. (Howell Decl. ¶ 10 and 11; Exhibit 5)

On May 13, 2022, the DSA filed a First Amended Unfair Labor Practice Charge in PERB Case No. SF-CE-1794-M to have this matter added to that current litigation. On June 7, 2022, after filing the amendment to the PERB Charge, the San Francisco Sheriff’s Office produced documents responsive to the March 28, 2022 RFI. Judge Cloughesy declined to amend the Charge and Complaint in that matter to include this RFI issue but gave leave to refile this matter with PERB.

February 16, 2022 RFI.

On February 16, 2022, the DSA requested information necessary and relevant to ascertain the names, dates, and hours of Overtime Pay DSA members were denied. Information was also requested to ascertain the history, deliberation, changes, analysis and communications regarding Administrative Code section 18.13 involving the maximum permissible overtime. This information is necessary for the DSA to enforce the contract at a grievance proceeding and is unable to establish the damages or the individual DSA members affected, without the response to the RFI.

The February 16, 2022 RFI was acknowledge received by the City Attorney’s Office on February 22, 2022, via email. (EXHIBIT XX – email from KNS to Rapoport and back) Having received no responsive documents, the DSA’s counsel sent an email on August 2, 2022 to demand production. (Exhibit XX – Email KNS to)

 


 Contact:

Ken Lomba
SFDSA President
415-696-2428
San Francisco, CA

Unshaken Courage 9/11 Documentary

Remember every rescuer who died in honor. Remember every American that was taken away from us and remember every family that lives in grief. But most of all, remember that Men NEVER Die Until They Are Forgotten!!!

This is “Unshaken Courage”, an original documentary by Nine Line, in remembrance of those we lost on Sept. 11th, 2001 and those still affected.

Is SF Crime Data lying?

Crime seems to be out of control in San Francisco. Yet in some cases the SF Crime Data states crime is decreasing. The question then becomes is that accurate, if not why isn’t it accurate.

We all have been watching and reading the news and on top of that we have been talking to the people in the communities. All we hear is how much crime there is. The main topics have been violence, illegal drug use and sales, thefts and car break ins.

“I had a discussion with my team on this topic and what we believe is happening is that the people of San Francisco are increasingly not reporting crime since San Francisco has become extremely lenient on criminals with little to no consequences. An increasing percentage of people in SF figure what’s the use of reporting it when nothing will be done,” said Ken Lomba San Francisco Deputy Sheriffs’ Association President.

We conducted a poll on our San Francisco Deputy Sheriffs' Association Facebook FanpageFacebook Fanpage (please like our page) asking our visitors “When your car is broken into do you report it to the police?” We had 223 people participate in the poll. 119 people marked “Yes, I report it.” 104 people marked “No, waste of time.”

What this tells us is that all the reported data given to the public stating that there is a decrease in Car Break Ins is missing something and may not be very accurate since there is no data on victims increasing or decreasing in reporting crime. This is an omission to the data presented to the public.

So what we are telling you is the crime rate in San Francisco may be worse than what is reported. For example the Car Break In number of 63 reported Car Break Ins a day is not the actual amount of Car Break Ins in San Francisco per day. It could be twice that amount, possibly 126 a day.

When SF is more lenient then the surrounding counties,
it’s a no brainer that the Criminals Come to SF.

So what is the solution, the solution is to fix San Francisco’s broken criminal justice system starting this year by voting in a working district attorney. A district attorney that is not controlled by other politicians, a district attorney that is an experienced prosecutor not a public defender.

It’s time for someone that will fix our broken criminal justice system. It’s time for someone new, it’s time for a prosecutor who is the real deal. It’s time for Leif Dautch for District Attorney.

“Paid for by the San Francisco Deputy Sheriffs’ Association PAC.  Not authorized by a candidate or committee controlled by a candidate.  Financial disclosures are available at sfethics.org.”

What to do during an Active Shooting?

What do you do when there is an Active Shooter? How do you react? Violence can occur for many reasons whether it’s a violent rage, hatred, a disgruntled employee, or mental illness.

In many cases, there is no pattern or method to the selection of victims by an active shooter, and these situations are, by their very nature, unpredictable and evolve quickly

This Twenty to Ready video helps you know what to do if you find yourself in a mass shooting incident.

The Run Hide Fight video demonstrates possible actions to take if confronted with an active shooter scenario. The video also shows how to assist authorities once law enforcement enters the scene.

RUN and escape, if possible.

  • Getting away from the shooter or shooters is the top priority.
  • Leave your belongings behind and get away.
  • Help others escape, if possible, but evacuate regardless of whether others agree to follow.
  • Warn and prevent individuals from entering an area where the active shooter may be.
  • Call 911 when you are safe, and describe shooter, location, and weapons.

HIDE, if escape is not possible.

  • Get out of the shooter’s view and stay very quiet.
  • Silence all electronic devices and make sure they won’t vibrate.
  • Lock and block doors, close blinds, and turn off lights.
  • Don’t hide in groups- spread out along walls or hide separately to make it more difficult for the shooter.
  • Try to communicate with police silently. Use text message or social media to tag your location, or put a sign in a window.
  • Stay in place until law enforcement gives you the all clear.
  • Your hiding place should be out of the shooter’s view and provide protection if shots are fired in your direction.

FIGHT as an absolute last resort.

  • Commit to your actions and act as aggressively as possible against the shooter.
  • Recruit others to ambush the shooter with makeshift weapons like chairs, fire extinguishers, scissors, books, etc.
  • Be prepared to cause severe or lethal injury to the shooter.
  • Throw items and improvise weapons to distract and disarm the shooter.

“Law enforcement will respond to save lives and stop the shooting. These are the heroes that run towards danger, while everyone else is running to safety,” said Ken Lomba, President of the San Francisco Deputy Sheriffs’ Association.

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SFDSA receives 2018 Gold Seal of Transparency from GuideStar

SFDSA Gold SealSan Francisco Deputy Sheriffs’ Association was recently recognized for our transparency with a 2018 Gold Seal on our GuideStar Nonprofit Profile!

GuideStar is the world’s largest source of information on nonprofit organizations. More than 8 million visitors per year and a network of 200+ partners use GuideStar data to grow support for nonprofits.   In order to get the 2018 Gold Seal, San Francisco Deputy Sheriffs’ Association shared important information with the public using our profile on www.guidestar.org. 

Now our community members and potential donors can find in-depth information about our goals, strategies, capabilities, and progress. We’re shining a spotlight on the difference we help make in the world.

Check out our GuideStar Nonprofit Profile and tell us what you think:  https://www.guidestar.org/profile/94-2838370

Deputy Sheriff Rosado Arrests Man with Weapons

On a February evening, off-duty San Francisco Deputy Sheriff Rosado parked his car on Geary Boulevard and 19th Avenue and was reaching into the trunk to get his backpack when he heard a man walking behind him utter racial epithets and angry threats to shoot certain individuals. As Deputy Sheriff Rosado turned to look at him, he noticed what appeared to be a semi-automatic handgun tucked into the front Continue reading “Deputy Sheriff Rosado Arrests Man with Weapons”

San Francisco Deputy Sheriff Perez Prevents Suicide due to an Eviction

When San Francisco Deputy Sheriff Diego Perez, of the Sheriff’s Civil Unit Eviction Assistance, noticed that an elderly evictee he was counseling had stopped making eye contact with him.  This concerned Deputy Perez and the evictee’s body language raised a red flag to him.  The man had fought the eviction through the Rent Board and the courts.  He had won two stays of execution. But he had just learned that his third request for a stay was denied and he would have to leave the apartment that had been his home for more than 20 years.  Now that the eviction was inevitable, he wanted to know what would happen to his pets and his property if he could not move them out in time. Continue reading “San Francisco Deputy Sheriff Perez Prevents Suicide due to an Eviction”

San Francisco Deputy Sheriff stops Robbery Attempt near City Hall

In June of 2015, an attempted robbery was thwarted by a quick-acting San Francisco Sr. Deputy Sheriff V. Chew when he observed a subject fleeing and others giving chase several blocks from the scene of a robbery.

The robbery, unbeknownst to Sr. Deputy Chew, originated outside the Civic Center headquarters of the San Francisco Public Utilities Commission. Sr. Deputy Chew, who was driving in an unmarked vehicle, was able to catch up to and detain the subject. Kudos to Sr. Deputy Chew!

The San Francisco Sheriff’s Department (SFSD), officially the City and County of San Francisco Sheriff’s Department, is the sheriff’s department for the City and County of San Francisco. The department has 850 deputized personnel, and support staff.

The primary function of the SFSD is to operate the system of county jails where there is an average population of 1,200 inmates, and a number of individuals on supervised release programs.

The SFSD also provides law enforcement and security services in the following locations in San Francisco:

  • the civil and criminal courts
  • City Hall
  • the Emergency Communications & Dispatch center
  • Zuckerberg San Francisco General Hospital, Laguna Honda Hospital, the Public Utilities Commission, the MTA  and several public health clinics

The current sheriff is Vicki Hennessy, the first female sheriff in the city-county (and the second in the nine-county Bay Area, after Virginia Clark of nearby Santa Clara County, as well as the fifth female sheriff in California, joining Margaret Mims [Fresno County], Laurie Craig [Glenn County] and Sandra Hutchens [Orange County]).

The SFSD is a separate organization from the San Francisco Police Department. However, SFSD deputies and SFPD officers have all attended a POST-mandated police academy, and are duly sworn California peace officers enforcing state laws and San Francisco Municipal Ordinances.

SF Rotary Club honors San Francisco Sr. Deputy Sheriff for Saving a Woman’s Life

Each year, the SF Rotary Club honors an outstanding representative from each of San Francisco’s public safety departments — Sheriff, Fire, Police, and Coast Guard — with their Emergency Services Award. Yesterday afternoon, the Rotary Club honored our very own Sr. Deputy M. Clauzel for bravery in the face of grave danger.

In the fall of 2015, while off duty, Sr. Deputy Clauzel martialed the aid of passersby to help pull the victim of a terrible car crash away from burning wreckage to safety. He then assisted in directing traffic around the scene of the accident. Sheriff Vicki Hennessy recently wrote of his actions: “In addition to saving the life of Brianna Vargas, Sr. Deputy Clauzel’s quick thinking and leadership ability contained the accident and prevented other motorists from crashing into it.”  Read the full story about San Francisco Deputy Sheriff saving a Woman’s Life here. Continue reading “SF Rotary Club honors San Francisco Sr. Deputy Sheriff for Saving a Woman’s Life”

SF Deputy Diego Perez took an Armed Suspect into Custody Safely

On September 18, 2014, San Francisco Deputy Sheriff Diego Perez was honored as one of the Saint Patrick’s Battalion Honorees for 2014. He was awarded this by the San Francisco Irish Mexican Association. The award is in commemoration of the Saint Patrick’s Battalion, a unit of several hundred Irish and other expatriates of European descent who fought as part of the Mexican Army in the Mexican-American War of 1846-8. Continue reading “SF Deputy Diego Perez took an Armed Suspect into Custody Safely”