when the investigation is completed within the 45-day turnaround as ask for, we review the case and then we sent it to the chief for review. all of these cases eventually make their way to the firearms district. an officer-involved shooting has two separate aspects. they are parallel investigations, one of which is a criminal investigation, the other is administrative investigation. there are homicide details that describe all of these incidents. they will send personnel to the scene.

the details for the criminal investigations and any criminal filings of getting suspects. we have a team that looks at these incidents. also the policy regarding our general orders. i will explain this as we go. the criminal investigation in tales interviews which would involve officers, these are voluntary interviews.

the interviews would be conducted with suspects and witnesses. the crime lab is involved in terms of the weapons testing and dna evidence that needs to be tested there are also aspects with any outstanding have suspects. then there is a letter regarding the officers and what regards the district attorney's decision. each and every one of these is look at the deeply.

what happens within 5 business days we had a return to duty panel that makes a recommendation to the chief of police after the officers should return to the duty assignment. there is the incident that occurred in the prior week. the chief will provide the commission with his return to duty, a decision. what happens with the involved officer is that they would have this in 10 days.

there is a range of officer for a postage charge fire arms debriefing. if there is any of their recommended training related, that it also might occur. none of this is considered gifted. we tried to take the stigma away. there could also be introduced which are normally compelled. we put the package together regarding the criminal investigation. we present these cases. there is also of the advisory

members. i know dr. marshall and several of these over the years. we meet quarterly. the reports that followed these , this is following the board. they did this for every shooting.

we do our quarterly status reports. we made a presentation regarding our shooting studies. this was at the beginning of this year. we have the presentations and the guidelines and to the responding supervisors. as you can see, we have a process that is all about transparency. we don't have anything more to learn or anything more that we can do? -- we can do. the chief is very adamant. updating the train continuously. i would be happy to answer any

questions you might have regarding the process. thank you. >> i have seen a number of presentations from the u.s. department, very well done. i was confused about the definition of an officer- involved shooting. i'm wondering if there's an update that i did not know about. >> a bulletin came out in august of 2009. >> what did it say? >> the definition is more broad.

this does not have to be a discharge to stop the threat. this is what is accidental. >> if there is any injury to a person regardless whether this is intention or unintentional, this is regarded as an officer- involved shooting. >> i need to have a question. what is taking so long in the delay? >> we only have one case in 2009.

all of these cases are from 2010. there was a time frame that takes as quite a while. you will see that insurgent jackson's presentation. >> very quickly to clarify, why was this updated? if the officer intentionally fires his fire arm, this was not considered an officer-involved shooting the man and this was a perfunctory investigation, that is not the best practices. any time an officer intentionally discharges a firearm, this should be

investigated and there should be a higher level of scrutiny. we are so far off of the door -- the norm, i went to a shooting. i got there about two hours and there was no one there. how could this be? the officer must, therefore, no shooting. that actually turned out to be a shooting that there was not questions about. this was not a good policy. we were very behind the times. >> thanks, chief. >> sergeant jackson, we will

present two reports to you. first is the firearms discharge review board, first quarter, 2010 report. the board convened on september 28th, 2010. these are the edifies 3 members of the board. there were a key is that were presented. both discharges involved dangerous animals. in this case, dogs. those were found in policy.

are there any questions regarding that support it? -- that report. there's also the status report as of october 8th, 2010. this is basically a change in status of our cases. as of today's date, there were two officer-involved shootings that we have completed which means that the investigation is complete. those incidences have gone through fdrb. there is one that is ready to be

heard in december. in addition, we have six new cases which are from this year. i should point out that we had two summary lubbers -- letters that were completed. 28 were completed since january, 2008. our pending cases, you saw them in the last slide, one is from last year. that investigation is complete. the rest are from this calendar year. the next will convene on december 21st of this year and we will have several -- to present

>> are there any questions. >> thank you very much beanball -- thank you very much. >> i have a question. >> this is just an update. this is in between meetings i wanted to ask about the implementation of the training and get an update from you. >> we wanted to make sure that our training is very well done

and it stays within the constitutional boundaries and it is also reflective of the voters' intentions in this case. on the other thing that we're going to do is that we have 40 reached out to some of the applicants and the homeless community -- we have already reached out to some of the homeless and the applicants. it will take a couple of months to train the entire department. all of the protocols will be provided to the media. we will have a training video. this will be for throughout the organization and this will be accompanied by a lesson plan.

and this is to the evaluate on a quarterly basis for the next 12 months. the other thing we're doing is working for the mayor's office. we hoping that for people in need of services and those that will serve offer that gave way, all sell because the lot of very clear the talks about the warning. we believe that many people will comply and there participating. -- they are participating. frankly, there are very few citations. we also have a substantial time in which there will be warnings.

not only the police department policy but what the law in tales. -- en -- entails. >> i would ask you to please share the quarterly reports. >> if there is a commissioner that would like to be involved in the development of the training, we are glad to have you involved. >> i would be glad to sit in. >> very good. the assistant chief has taken a lead. >> thank you. this is more than the homeless issue. one of the things that loitering laws have had that have

conflicted in the past is first amendment activities. one of my concerns is that we look at that and we come up with a general order regarding this new law in terms of what the policy will be and certainly how we will protect first amendment activity as well as the rights of the homeless. we can see the general order. >> we have talked about the issue and updating the general order. i got the notification from this week. i was trying to put some pressure to bring this to a head. there are staffing issues.

do you want these in closed session first? do you want to set a date? >> i would prefer that we have a closed session discussion. >> perhaps next week or so. >> yes. >> i know the city attorney would like to give their opinion. >> i think it would be better for us to work with the chief and get his policy direction and any into our advice. we're planning to head a department next week and a meeting. i understand that there is some urgency.

>> i'm not sure that all of our procedures are in corps that. you should have a real policy that is in writing. >> i am fine with that. >> we will bring this to hearing and formalize a policy. >> is anything further? >> good evening. you have the o9cc of third quarter statistical report. -- occ third quarter statistical

report. by the end of the third quarter of 2010, we open six under 64 complaints for police misconduct or failure to perform the duty and we closed at 648 complaints. this is a 15% reduction over cases opened by the end of the third quarter last year. we also mediated 48 complaints by the end of the third quarter. we did continue to experience investigator contractions during the third quarter as well as the first and second quarters.

as you are aware, they have minimum staffing lovell's. -- levels there are 15 budgeted positions and two of the investigators were out with extended illnesses. >> the other two investigations which run up to 17, one of them retired, the other one resigned and we have been unable to fill those vacancies because of budget reduction. all those those positions still remain on the books, they're not funded. we were promised that the 16th position would be funded by the fund-by the end of the year -- would be funded by the end of

the year. there's something very positive, and the hiring front, the department of human- resources will be go apparently, four of our investigators are provisional employees, and one can only be provisional for up to -- for a total of three years, and they are getting ready to enter their third year. and one of those four is designing to join her husband in turkey. so we will be filling that vacancy. then additionally, we do have a six-month temporary investigative position, and we have just received a commitment from an individual to fill that position. so things are looking up.

but in spite of staffing clengs, the o.c.c. investigators continue to avoid a large backlog of old cases during the third quarter. and actually, during the third quarter, the o.c.c. closed 214 cases and opened 290 for a low-case complaint filing quarter. we did show some slippage during the third quarter in the time it took to close cases. we resolved 77% of them within nine months compared to 89% during the third quarter of 2009. we closed the quarter with 397 pending cases, and that's four less pending cases than the close of the third quarter in 2009. in the third quarter of 2010, we sustained 7% of the cases that we closed. of the 16 cases, the same by the o.c.c., there were sustained allegations of neglect of duty.

12 of those were failure to collect traffic stop data. i know there were some questions about -- i believe from commissioner kingsley, i believe, about why police collect traffic stop data. commissioner kingsley: excuse me. it wasn't why they collected it. i didn't understand what the abbreviation meant on your report. >> oh, i am sorry. just to eelaborate for the public, sending the data does send a message to the community that the police department is concerned about the expector of -- spectre of bias policing and also that there is a concern about bias policing. it is difficult to prove an

allegation of bias policing, but the data that is collected can be useful to police departments in terms of the race of the individual who is stopped, the length of time of the stop during these discretionary stops . just to wrap up, another one of the neglected duties allegations with front officer's failure to keep track of the allegations laptop bag. after the complaintant was arrested, the laptop bag and contents have never been found. the investigator caseload as of september 30, 2010, showed a significant increase over the same period of 2009. the average caseload for 2010 was 25 cases per investigator. so we are going backwards somewhat in terms of our case load. september 30, 2009, there were 22 cases.

then the 2007 controller's audit of the o.c.c. had a figure of 16 cases per investigator as a best-practices indicate load. -- case load. in the area of out-reach, o.c.c. was engaged in several out-reach activities. we do a variety of out-reach. our chief investigator does training at the academy. he trained the 288 lateral class on assumptions of the o.c.c. the class gave training at the conference. we provided an interview on spanish radio. we prepared information to them in spanish and consultant knees and -- and cantonese and distributed them at a press conference.

in the area of policy analysis, during the third quarter, the o.c.c. made recommendations to enhance the department's response to metropolitanal health crisis calls. -- response to mental health crisis calls. some of those rose out of an officer-involved shooting involving an individual in mental health crisis. the o.c.c. continued its work on juvenile policing practices as well as language access. that concludes my report on the third quarter. president marshall: question for director hicks on the third quarter. commissioner chan? commissioner chan: i just want to put a plug in for the out-reach. three of the classes -- my classes about criminal justice. i want to say for people out there watching this who might have classes and students they

want o.c.c. to reach out to, they did a great job. there is a whole team of o.c.c. investigators that came out and gave a power point presentation. the students were interested, and when they left, some of them said, how do i join the o.c.c.? how do i work for them? so it did clarify for a lot of students, is there an oversight body. thank you for that. >> thank you very much, commissioner chan. and the neighbors of my class who participated in your class and other classes at s.f. state get as much pleasure, i think, out of teaching those classes as the students do. it is really refreshing and affirming to have that kind of enthusiasm from students. president marshall: if there is nothing else, we can proceed to the next item. director hicks? >> thank you. you also have in your p