Memorandum San Francisco Police Department -

To: Deputy Chief Redmond Commanding Officer

APPROVED - YES NO Field Operations Bureau Deputy Chief Redmond #1,5.) /

SFPD Field Operations B a

From: Officer Carla Browa47 9 Patrol Special Liaison

- Field Operations Bureau

Date: Thursday, February 01, 2018

Subject: Sale of Patrol Special Beats #47 and #83

Issue:

Sale of Patrol Special Beats #47 and #83 to Patrol Special Alan Byard #2540.

Discussion:

On January 24, 2018 Patrol Special Alan Byard #2540 submitted two memorandums detailing his wish to purchase Patrol Special Beats #47 and #83. Attached to the memorandums were two packets of required paperwork.

Patrol Special Byard previously submitted paperwork regarding the purchase of these same two Patrol Special beats on August 18, 2016. The beat sales went before the Police Commission on October 19, 2016. Due to the pending resolution of an Internal Affairs case, #2013-0155, the beat sales were taken off calendar. At the Police Commission hearing, Byard was told he could reapply in nine to twelve months if he abided by all the terms of the proposed stipulated agreement.

Included in the packet for Patrol Special Beat #83 were the following documents;

Memorandum written by Byard regarding his intention to purchase Patrol Special Beat #83.

Letter written by Former Patrol Special Delores Lovett-Menge regarding her intention to sell Patrol Special Beat #83 to Byard.

Memorandum written by Byard, "Statement of Facts to Purchase Beat #83". In the memorandum Byard states he is; over 21, a United States citizen, has a high school diploma, has taken all required certification classes and currently owns beat #96.

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A bill of sale between Byard and Lovett-Menge. The terms of the sale specify the sale price as $20,000.00. The terms of payment are stated as follows, "$20,000.00 payment made upon the original execution date of 2007. The original terms of payment have been fulfilled and both parties are satisfied."

A written description of the beat boundaries.

A map outlining the beat boundaries.

A copy of Byard's birth certificate.

A copy of Byard's high school diploma.

A note signed by Byard's doctor declaring Byard fit for duty.

Training certificate from the 2017 Annual 24 hour Patrol Special Class.

Commercial general liability insurance in the amounts specified in the Rules and Procedures for Patrol Specials and their Assistants.

Commercial automobile liability insurance in the amounts specified in the Rules and Procedures for Patrol Specials and their Assistants.

Byard did not submit workman's compensation insurance. Byard states he does not employ any Assistant Patrol Specials at this time.

Byard did not submit a client list. Byard states that at this time he does not have any clients on beat #83.

As stated above in the bill of sale for beat #83 the sale price is specified as $20,000.00 and "payment made upon the original execution date in 2007". The Rules and Procedures section 3.07 C. 1. states, "The bill of sale shall contain the total selling price, the terms of the agreement and shall not become final until the Commission has approved the sale". The statement made in the bill of sale conflicts with the rules regarding when money shall change hands.

It should be noted that one of the specifications against Byard in lAD case #2013-0155 was a violation of beat sale procedures, specifically between himself and Former Patrol Special Delores Lovett-Menge. During the negotiations process for the resolution of the case, the assigned Police Commissioner expressed concern for Byard's continued ability to make a living if the sale of beat #83 was not allowed to proceed due to the monetary portion of the sale taking place in 2007. The Commissioner further felt forcing Byard to pay an additional $20,000.00 would be a great hardship. At the time the Commissioner sought to have the resolution of lAD case #2013-0155 and the beat sales heard at the same time. Unfortunately, the other Commissioners voiced concerns

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and wanted the beat sale matter put off calendar until a later time. Regardless of the timing of the two beat sales, Byard has been penalized for failing to comply with beat sale procedures. Any further penalization of Byard would violate the Rules and Procedures for Patrol Specials and their Assistants in regards to; "disciplinary limitations", section referenced is documented below.

Included in the packet for beat #47 were the following documents;

Memorandum written by Byard regarding his intention to purchase Patrol Special Beat #47.

Letter written Antoinette Candido regarding her intention to sell Patrol Special Beat #47 to Byard.

A bill of sale between Byard and Antoinette Candido, the wife of late Patrol Special John Candido. The terms of the sale specify the sale price as $100.00. Byard included a copy of a $100.00 check written to Ms. Candido.

Death certificate for John Candido and affidavit under section 630 of probate code of the state of California.

A written description of the beat boundaries.

A map outlining the beat boundaries.

A copy of Byard's birth certificate.

A copy of Byard's high school diploma.

A note signed by Byard's doctor declaring Byard fit for duty.

Training certificate from the 2017 Annual 24 hour Patrol Special Class.

Commercial general liability insurance in the amounts specified in the Rules and Procedures for Patrol Specials and their Assistants.

Commercial automobile liability insurance in the amounts specified in the Rules and Procedures for Patrol Specials and their Assistants.

Byard did not submit workman's compensation insurance. Byard states he does not employ any Assistant Patrol Specials at this time.

Byard did not submit a client list. Byard states that at this time he does not have any clients on beat #47.

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On August 26, 2016, I received a phone call from Antoinette Candido regarding the sale of Patrol Special Beat #47. I asked Ms. Candido about the very low sale price of beat #47. Ms. Candido stated she was selling the beat for $100.00 to Byard, because of her late husband's relationship with Byard (when Byard was an assistant to Candido) and the fact that she had no need for the beat. Ms. Candido also provided me with a copy of her late husband's death certificate.

Along with the two packets Byard also submitted a Bank of America cashiers check written to the San Francisco Police Department in the amount of $1000.00, check number 1119608441. The check represents the $500.00 administrative fee charged by the Department per beat sale.

It should be noted there are no open Internal Affairs cases involving Byard. However, Byard is subject to a stipulated agreement as part of the resolution for lAD case #2013-0155, which is considered closed. The stipulated agreement went into effect on October 19, 2016.

The terms of the stipulated agreement are as follows;

• Termination held in abeyance three (3) years of probation. • Monetary fine • Community Service • Strict adherence to the current Rules and Procedures.

Byard has; paid his fine, completed his community service hours and has abided by the Rules and Procedures for Patrol Specials and their Assistants as of the date of this memorandum.

Listed below are the sections and subsections from the Rules and Procedures for Patrol Specials and their Assistants, which apply to Byard for the purposes of these beat sales.

SAN FRANCISCO POLICE COMMISSION CITY AND COUNTY OF SAN FRANCISCO INTERIM RULES AND PROCEDURES FOR PATROL

SPECIAL OFFICERS AND THEIR ASSISTANTS ADOPTED DECEMBER 10, 2008

3.03 QUALIFICATIONS/REQUIREMENTS FOR PATROL SPECIAL OFFICERS

Patrol Specials at the time of appointment shall:

A. Be at least twenty-one (21) years of age.

B. Be of good moral character, as defined by the California Commission on Peace Officer Standards and Training.

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C. Be a citizen of the United States or a permanent resident alien who is eligible for and has applied for citizenship.

D. Be a high school graduate or pass the General Education Development (G.E.D.) Test indicating high school graduation level.

E. Be fingerprinted by the San Francisco Police Department for the purpose of searching local, state, and national fingerprint files to disclose any criminal record.

F. Provide a letter, signed by a private physician, certifying that the private physician has examined the applicant and found the applicant to be free from any physical, emotional or mental condition which adversely affects the ability to safely exercise their duties.

G. Have successfully completed training as prescribed by the Chief of Police. Minimum training requirements will be established by the Commanding Officer of the San Francisco Police Academy upon approval of the Chief of Police.

H. Have prepared and submitted the prescribed application to and received a written approval from the Deputy Chief of the Field Operations Bureau.

1. Present evidence of insurance in the following amount:

1. For Patrol Special Police Officers who employ any person or persons, Workers' Compensation, in statutory amounts, with Employers' Liability Limits not less than $1 ,000,000 each accident, injury, or illness;

2. Commercial General Liability Insurance with limits not less than $1 ,000,000 each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Contractual Liability, Personal Injury, Products and Completed Operations; and

3. Commercial Automobile Liability Insurance with limits not less than $1,000,000 each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Owned, Non-Owned and Hired auto coverage, as applicable.

Commercial General Liability and Commercial Automobile Liability Insurance policies must provide the following:

(a) Name as Additional Insured the City and County of San Francisco, its Officers, Agents, and Employees.

(b) That such policies are primary insurance to any other insurance available to the Additional Insureds, with respect to any claims arising out of this Agreement, and that insurance applies separately to each insured against whom claim is made or suit is brought.

All policies shall provide thirty (30) days' advance written notice to City of reduction or nonrenewal of coverages or cancellation of coverages for any reason. Notices shall be sent to the following address: Office of the Police Commission, 1245 3rd Street, 6th Floor San Francisco, CA 94158.

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3.07 BEAT SALES

A. Patrol Specials desiring to sell their beat(s) shall submit in triplicate (an original and two (2) copies) a written request for approval of sale to the Program Administrator, and shall submit one (1) copy to the Secretary of the Police Commission. The request shall include:

1. A written description of the boundaries of the beat for sale;

2. Identification of the requesting purchaser; and

3. The beat number and the district(s) where it is located.

B. Purchaser shall meet all qualifications for appointment to Patrol Special as defined in Rule 3.03 prior to requesting the purchase of beat. A Patrol Special may not own more than three (3) beats at one time (except those who own more than three (3) at the time of the amendment of this rule will not be required to sell any beat to bring them into compliance with this section, but they will be prohibited from making a future purchase). The requesting purchaser shall submit in triplicate (an original and two (2) copies) a written request to purchase said beat, to the Program Administrator, and shall submit one (1) copy to the Secretary of the Police Commission the request to purchase shall include:

1. A statement that the purchaser is twenty-one (21) years of age.

2. A statement that the purchaser is a citizen of the United States or a permanent resident alien who is eligible for and has applied for citizenship.

3. A statement that the purchaser is a high school graduate or has passed the General Education Development (G.E.D.) Test indicating high school graduation level.

4. A letter, signed by a private physician, certifying that the private physician has examined the purchaser and found the purchaser to be free from any physical, emotional or mental condition which prevents the safe exercise of the Patrol Special Officers duties.

5. A certificate of completion or notarized statement that the purchaser has successfully completed training as prescribed by the Chief of Police.

6. The number of beats already owned.

C. Upon notification of approval by the Secretary of the Police Commission to sell such beat, the seller shall submit to the Commission:

1. A notarized bill of sale (an original and three (3) copies) signed by both the seller and the approved purchaser; the bill of sale shall contain the total selling price, the terms of the agreement and shall not become final until the Commission has approved the sale.

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2. A map outlining the beat boundaries.

3. A written legal description of the beat boundaries.

4. A list of clients, their addresses and phone numbers.

5. A cashier's check, in the sum of $500.00 payable to the San Francisco Police Department for the administrative processing and transfer fee.

3.12 DISCIPLINE PROCESS

H. DISCIPLINARY LIMITATIONS

Once a Patrol Special or an Assistant Patrol Special has been formally punished for a violation(s), such individual shall not receive any other punishment for the same incident. However, prior sustained allegations of misconduct or imposition of disciplinary action may be considered in a subsequent disciplinary proceeding(s) for purposes of fixing penalties.

Conclusion:

I have reviewed all the documents provided by Patrol Special Byard regarding the sale of Patrol Special Beat #47 and they follow the specifications set forth in the Rules and Procedures for Patrol Special Specials and their Assistants, Rule 3.03 subsections A.-I. Rule 3.07 subsections A.-C. Beat Sales.

I have reviewed all the documents provided by Patrol Special Byard regarding the sale of Patrol Special Beat #83 and they follow the specifications set forth in the Rules and Procedures for Patrol Special Specials and their Assistants, Rule 3.03 subsections A.-I. Rule 3.07 subsections A.-C. Beat Sales.

Byard has abided by the terms of the stipulated agreement for lAD case #2013-0155. It has been fifteen (15) months since the Police Commission ordered the previous beat sale matters off calendar and ordered a period of nine (9) to twelve (12) months to pass before the matters be revisited.

Recommendation:

I respectfully recommend this memorandum be forwarded through the chain of command for approval then forwarded to the Police Commission for approval.

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