there is a few reasons why the older case is being looked at. but out of the 28 cases that are being worked on, approximately half of them are from 2010. so when we think about backlogs, only half of them are from this year alone, so we are moving along. this speaks to the tenacity of the analysts in the unit. these are the procedures that we employ. if we get a case that comes in that requires board, we will begin working on that case. the question posed, why was a larger backlog number previously

reported? how confident are we that the numbers are correct? we are very confident. we are working on the numbers every day. we're working to make presentations to you. the earlier number was the result of a manual check in our lab database. i think we were putting out numbers, thinking they were backlog, but there are really open -- it is a matter of semantics. what are the best practices on dna and rape cases? it is important to know what is happening outside of san francisco. we survey pipe lines, san diego county, lapd, alameda county, santa clara, san mateo county.

a cursory review shows that our work is largely similar to other labs. best practice in the short term would include prayer regarding stranger cases. in the long term, hiring two specialized criminalists as recommended by the comptroller's office and continue to support the products for implementation and will produce greater efficiencies. on the spreadsheet i have here, turn around time in days for sexual assault cases? 90 days. lapd, 90. santa clara, 90. alameda, 30 to 30. the stranger suspect case priorities -- is it a priority? san diego, yes, santa clara, it depends on trial needs.

alameda county, as needed. our department, yes. definition of a backlog in san diego county means it is unassigned. in lapd, unassigned. to declare, unassigned. alameda, over 30 days. sfpd, unassigned. that is what i mean by industry standards. staff numbers and forensic biology unit. san diego county, 21 . the lapd, 27. santa clara county, 20. alameda, eight. our department, seven total. average number of new sex cases requested monthly. lapd, 112. santa clara, 20. alameda, three. san mateo, seven.

our department, 17. that is our comparison with other agencies. what are the standard for the turnaround time? how long do these things take? we have a department bulletin, which is a policy, 10-054, which talks about the protocol for dna analysis. we look at a couple of different standards, one being immediate. it is an immediate request, within four to six weeks, we will turn around the case. we recently had one case that was turned around in three days. then we have priority, eight weeks. then we have routine, 3 to 4

months. we talked about learning from our mistakes, learning from the past, we put some safeguards in place that you should know about, one in regards to narcotics, one that focuses on sexual assaults. we are reviewing he -- each case and we are working with the inspector closely opinion we are reaching out to the inspector and saying we know you submitted this some time ago, where are we, it has not yet been adjudicated. we need the work done. we will work smarter, not harder, by asking these questions. we also on the investigation side -- this is my responsibility to facilitates the homicide and dna meetings. within 72 hours of a homicide, a

roundtable involving the district attorney, inspectors, crime lab personnel, to talk about what we need to do. we are also starting our roundtable meetings on sexual assault and gang task force. we just need to communicate internally so we can prioritize the work. with that, more than happy to take questions. >> thank you for the presentation. i want to start by saying we have made progress. i want to acknowledge all the hard work that is being done at the lab. i know sometimes they feel embattled. because of one thing and the drug section, i think everyone is painted with a broad brush unfairly. what has occurred to me, though, is we have been woefully understaffed. before we started making progress recently, i do not

think we had in place benchmarks to make sure we had performance goals. being a prosecutor, not too long ago, they would tell us what they would do. i want to apply to everyone. tonight is a terrific innovation. the department has also moved to outsourcing some of this stuff. we have identified a backlog, and the department is now working. i want to focus on this. for me, stranger sexual assaults are a party coming in and of itself -- it is hard to

say that one case is more important than another. in my experience, i think you will agree, stranger rapists tend to be the highest recidivists. especially with a database, if we do our work quickly, the chance of getting them off the street is great. i will focus my questions on that never area. -- narrowed area. i think we can still make more progress and institutionalized, as a commission, make policies around so we make sure the commission has the resources necessary. >> i like what you are saying and i want to be clear, how we are not going to prioritize one or the other.

homicide is more important or sexual assault is more important. the protocols we put in place are now they're so that we look at everything and say this is important, it needs to be done. if we do not have the capabilities within the crime lab, we will outsource. yes, stranger rapes is something that requires an immediate request. if we cannot do it, we will send it out. i just want to be clear that we are not going to take one over the other. we are going to put them both into the immediate request pile. >> here is my question. you mentioned the 20 pending sexual assault cases. i assume half of them were before 2010? i assume some of them also involve stranger rapes. >> that is my homework to find

out about that. i do not know exactly how many are stranger, prior to 2010. >> my next question, we can define backlog in a lot of ways. you have defined it one way. i will not quibble with that. but if a woman comes in and says she was raped and we do a medical a valuation, every day we are not working on that case is a day too long. if we have the resources and will to do that case today, with a swab, we can turn that around in a couple of days. there is a big sexual assault screen which could take a week, but in the case of rape, if we have the technology, money, we

can turn around that one really fast. i am concerned about that. if you do not know the answer, fine, you can follow up. do you know the oldest untested stranger rape case? >> that is what we need to find out. the other thing we need to do is clearly define stranger. >> unknown assailant. >> ok. if it was like a first date, and counter, we are not defining that as a stranger. our definition of a stranger -- >> unknown assailant.

i do not know his name. at the same time, -- i do not want to diminish acquaintance rapes -- but having done the good work you have done, how old is the oldest untested? you talk about some turnaround times for cases. in the case of stranger rapes, the victim comes in -- i do not know his name. i do not know or it is. do we have in place a performance expectation about when that case can be turned around? >> if we have a case where is an unknown assailant, sexual assault, when we have our roundtable, we will talk about an immediate request.

we will first look internally and say is the lab capable of handling this request? >> do we have a policy in writing that says in that case of an unknown assailant, we ascribe to get this done in this amount of time? >> i will research. we have investigation divisions that may address that. where this happens, the lieutenant of sexual assault, at the round table, will ask us to move and we will do so. >> thank you. i would ask you to do that. in terms of the numbers, i oppose these numbers so nobody is surprised. -- opposed these numbers to nobody is surprised. -- pose these numbers so nobody

is surprised. i do not think there was any bad intent in this at all. i do not question the veracity of that. it does show the need as a department to have resources on any given day. if it takes two months to turn around a rape case, we need more resources. it sounds like progress has been made on the ability to outsource some of these things. what is the state of that, do we have rfp's? >> we have rfq's, requests for qualifications. >> when did that go out? >> i do not know when it was posted. i know that it is a six-month process. the comptroller's office are taking the lead in this.

however, i want to be clear, that is not holding us up from doing the contrasting on work. we work with a vendor in the meantime because we have some immediate needs that need to be processed. the rfq will help us streamline the process, definitely, identify more vendors that can help us. >> my last question, my e-mail did this to the chief -- there was an innovative program called the asap program. from what i understand -- again, i asked about this a couple of weeks ago -- in sexual assault cases, when a victim came in, we took two samples. one was kept and another was sent out immediately. if we got lucky, we could quickly seafood the rapist was.

i had not heard that before. i do not know if you have any insight on what it would take to restart the program, but i think that we should work to restart the asap program. >> i recently found out about the program as well and it sounds great. i also found out our department had it from 2005 to 2006. it was a grant issue. at the time, those in the laboratory were going through their training process. this is definitely something we need to look at again. it seems like the best practice several years ago and is something we need to look into again. >> i have no further questions, at this point. i appreciate all the work that

people have done. we have had some problems in the past about fixing it. >> i want to thank the captain who did a lot of work in preparing for tonight. >> she has been great. >> i had a brief question. all will keep it brief. you mentioned your department policy 10-154. i wonder if you could share more of them with us offline? just to clarify, i want to make sure i understand. open vs, backlog. backlog, to san francisco, means unassigned? open means it is given to a

criminalist -- >> and they are still working on the process. >> thank you. >> i had heard about this case in oakland. apparently a 16-year-old -- it was a gang case -- they connected to the suspect, they found dna on a cell phone and they matched it to the previous records and that is how they made the link. it is a tremendous aid to crime stopping, so keep up the good work. >> thank you. >> commissioners, and that

concludes my report, unless you have any other questions. >> we do not. >> thank you. >> occ directors' report. how thank you for standing in for director hicks this evening. >> glad to. good evening, commissioner, chief gascon, captain garrity. i am the chief trial attorney. also with us this evening is our senior investigator. we have some flyers if you would be interested in knowing about our department. it is a pleasure to be here tonight to speak to you about the functions of the office of citizen complaints. you may or may not be familiar

with our office. the occ is one of the largest civilian oversight law enforcement agencies in the united states. it was created by the board of supervisors by a sponsored charter amendment hot in 1982 and became operational in 1983. it was originally an office of the san francisco police department but was later placed under the supervision of the police commission as an independent agency, separate from the department. we are also a civilian body. the occ basically investigate civilian complaints against san francisco police officers and makes policy recommendations to the department as well. in california, law enforcement agencies must have a procedure to investigate complaints by members of the public against officers, and the occ serves that purpose. it's staff is comprised of a

diverse group of civilians who have never been police officers in san francisco. some have been law enforcement officers. we also have former private investigators, as well as former attorneys. the office of citizen complaints has 35 members in staff. the majority are investigators, the ballots are attorneys and staff. our goal is to increase the public trust in her law enforcement by being the bridge between the public and police in matters of police misconduct and police policy. to that end, our mission is to ensure police accountability. we do that by conducting fair, timely, and unbiased investigations, and make recommendations on police practices and policies. the process to conduct an investigation finds out basically what happened. we find evidence, complete the

investigation, and make a finding about whether or not we believe misconduct occurred. if the officer or officers violated any department rules, policies, local or state federal law. if a complaint is sustained by the occ, we prepare a report and then forward it to the chief for review. if the chief gascoigne agrees with us, he can impose discipline for up to 10 days of suspension. beyond that, termination is within the purview of the police commission. it would then move to this body to adjudicate. we also have a wonderful program which is a mediation program. last year, we facilitated 76 mediations. it allows complainants to resolve an issue with an

accused officer in person, in a dispute-resolution of passion. the goal is to bring the parties together in an effort to achieve mutual understanding. through partnerships with community boards, the san francisco bar association, we provide neutral mediator for the program. our mediations can and have been conducted in languages other than english. participation and mediation is strictly voluntary for the complaint and an officer. they have to agree for it to go forward. eligible officer participation in the program is over 90% and we really appreciate the cooperation of the police association in this program. in 2009, we received 1019

complaints. of these, we sustained about 7% of the cases. so far this year, we have received almost 600. 590 complaints. you are welcome to come and visit us. we are on the seventh floor of 25 vanness and market. we are easily extendible by public transportation. we received walk-in complete -- complete. we can also take voice mail messages as well as by mail and fax. we have an answering service for after hours complaints. we will return your call the next day. our staff speaks several languages, including cantonese, burmese, russian, and spanish. four other languages, legal attain interpreter services for you. come and visit us.

glad to have had the opportunity to tell you what we do. >> thank you. commissioners, anything further? item c, commissioners' report. do you have anything? let me ask if the public does not mind that we take this after, especially the one hour into this, after item 2, which is capt. garrity's report on the tenderloin district. ok, with that, we will move on to item 2. >> introducing captain joseph garrity, commanding officer of

the tenderloin, addressing the commission on police activities in the tenderloin. >> good evening, commissioners, general public. i spent 14 years as a patrolman and walking the beat. another six years as a sergeant and the attendant. i have seen many people through the commission. with that in mind, i will not go line by line. people have been around long enough -- these power points -- they will kill you. and they get a little dry. i do not mind answering questions. i was wondering how i would start this thing. i was having lunch with my wife

-- she is always around someplace. i was eating a salad and thought that i would start this thing off -- thinking about when i was a kid going to my father's funeral. i remember, as a manager, your seed lori from home runs hit by somebody else. we have lt. these are station investigations. mike in the corner over there, we had lieutenant dakota, and

also people from our staff here. ellen is over in the corner. she helped out on flyers and office meetings. i cannot forget, we have the new wide range of the police advisory board. they do a great job. we have a good cross-section of business. i think it is very important. we are working on projects. we worked on emergency preparedness. over the years i have been here, if there is a man-made disaster or national disaster, people might miss the boat a little bit. we are working on a plan with the fire department. i want them to stand up. could you stand up and introduce yourself? >> [inaudible]

>> i am marie richards. >> [inaudible] >> [inaudible] >> [inaudible] >> [inaudible] >> did i miss anybody? i cannot see behind the pole. we have mr. o'doule. he is french. we will start off on this powerpoint. basically, it is our mission