have a signed agreement by 80 special officers that was executed by both him and his attorney and that would be with the assistant patrol special officer is admitting specification numberone. i have the agreement along with the charges that were previously filed. i also brought a file of the written reprimand. >> thank you. commissioners, do you have any questions? >> i would like to move into the liberation in closed session because i have some questions.

>> even for a deliberation matter? >> [applause] -- [inaudible] >> when i read the specifications against mr. ortega, i did not fully understand them, it does not appear to be that he did anything wrong. that is my question. i do not understand it. >> what i would like to do is talk with the commission and then i have some comments i would like to make. >> we have to do the deliberations in open session, this is not calendar for closed session. we might have to move this to

another week. >> by wanted all parties here and i understand and i have concerns myself about this but i did not want to do it without a commissioner approval. i don't feel comfortable doing this without all the parties here. i did not know this until tonight. on something so serious, i would rather have it unless the president disagrees. >> we should continue this for another day so we can iron out of the difficulties. >> can we push this to next week? >> we might be going dark. next week is not available. >> is two weeks going out? >> that would be fine. >> if it is okay with the president, i would like officer or take a present -- officer

ortega present. >> please call line item numberfour. >> reports to the commission. the chief's report, report on crime statistics, review of recent activities, status report on preparation of -- >> good evening. >> i have the customary report and i will give you the numbers from the last extraction. . overall, crimes are flat, violent crimes continued to be down by 8%. i noticed that property crimes were up by 93 crimes. i discussed this was with chief. there are some crimes which might be over countess so we will have an audit of that.

comparing this last extraction, all the indicators are down, violent crime is down 14%, a property crime is down 12 and overall property crimes are down 13%. one area that is of greatest concern is homicides. as of the 26, we had 15 homicides vs nine in 2010. there has been several other death-related incidents in the past few days which are pending categorization. the number of shootings is down 23% compared to last year. the number of arrests are also up by 5%. >> any questions from the chief? >> thank you. i want to ask you about the homicides. homicides were up over 50% from last year.

correct? >> yes. >> whether any pattern evolving? it seems like some of them have been happening recently. >> there have been a few. there have been three instances over the weekend and up to and including today. there is no pattern for these three potential homicides. there was an incident that occurred on the 2100 block of mason yesterday which occurred in doors and that is being analyzed by the investigators. there was an incident on for truro hill that occurred in a vehicle. it does not appear to be gang- related.

>> is it nine as of the 26 or -- >> i believe that is the line. >> you said that those are down as of the 26 year over year? >> yes, there was 44 last year and there was 34 year to date so this is approximately 23%. >> what steps is the department taking to address this so far? >> the department has redirected the team's >> in terms of community policing,

that is the model, the of our department, what are we doing in terms of gauging communications? there has been a number of meetings. we just had a meeting in the meetings because of consents. this apparently increases number of shootings. >> can you tell us about the contradictions of the report? >> we can tell you about it. there has been in two additional conferences.

the chiefs have won at about 5:00. there's an investigation which has been opened and we were trying to determine -- >> what is the allegation. >> the allegation is that there is video evidence that contradicts the statements madee ago? >> the incidence is to place several months ago. >> we will investigate this impartially and fairly. >> that is all i have. >> any further questions regarding this matter? >> i would ask any meetings where the recent rise in homicides is discussed. i'm sure it worries all of us

and we would like to be part of the solution. >> absolutely, we would like to put this through. >> let's move on to the status report. there was some concern about the budget process. the budget was discussed through 2011. the matter was calendar again by february 16th. this was discussed for almost an

hour. at that point in time, the commission had not voted whether to confirm or proof the budget which is being sent to the mayor's office. we had a pretty extensive presentation. again, this is on for a response. our budget director is said cornell university this evening and we spoke to her on monday

and she says that we will proceed with our budget. at some point, the next stage is for us to go forward and talk to members about what we think that the san francisco police department needs in terms of the budget. with that in mind, there has been extensive discussion. the we want people to understand that the fiscal year begins in july. i began between now and july 1st and there will be some work put into the budget. i will let the chief give us a brief update. >> as you mentioned, this cfo was not here. she will be back next week. it is my understanding that this is gone to the budget office. i believe that our lers on is here this evening. -- of our liaison is here this evening. at this point, we don't have any further information.

>> that is perfectly fine. i attended that meeting with you. >> i was here mostly to listen but we officially received the budget on march 1st and it is our opportunity to understand what is in the budget and to discuss what the implications are of the different proposals that have been put forward and by june 1st, the mayor's office will submit a budget to the board of supervisors for approval there will be a lot of interest in that budget.

>> we find this is a terrible part. you have a lot on your plate. >> are there any questions? >> thank you. the commission needs its input into the parties and the budget and, said of the fact that the mere posted this to the board and they will hammer it out and we need to have input about this. our influence is limited. we will respect the parties. we meet to understand that whatever we do could be overridden by the mayor.

i think that the single most important issue facing the department is the upcoming attrition and the potential reduction the size the force due to retirement and other means not even considering the potential impact of the further -- in the budget, and we could have a reduction of 20%-25%. we will find ourselves in a really bad spot. i want to call upon the mayor's office, the budget office, the department, the supervisors, and everyone to start looking at this problem because paying attention to it in february and march, march of 2011, it is better than to do this two or three years from now or we will find ourselves years away from being able to have the size of

the force that we need to be able to accomplish our mission which is public safety. this might be the number 1 public safety issue facing the city and i hope that we can be united in communicating that. >> thank you. >> a question for the city attorney, under the charter, what role do we have in the budget? the commissioner is correct, add to the end of the day, the board of supervisors will vote on this. do we have any critical role? >> under the charter which specifies the powers and duties of the commission, not just the commission but the commissions in the county, one of the duties of the commission is after a public hearing to apply applicable budget modifications and fund transfers. these will be subject to the

final authority of the mayor. >> you were in legal jeopardy. you always know the answers and i appreciate that. did we violate our duty by sitting on this budget without voting? >> you have time to approve the budget. many commissions try to approve this before they are submitted to the mayor but there is no legal time line for the commission's approval. >> i would like to second what the commissioner said to the extent of any one of us as something, this has as much effect as our voice? would that send a message? we would spend many nights a week dealing with this from the training to the community groups, the community outreach. i think that we should vote on it.

having had conversations with moments -- members of the department, i think cutting out academy classes for the next two years and having no new officers in the pipeline is a mistake. so, we should have a chance to talk about that and to hear the committee's input and vote on this. if it does not apply for the classes, i am inclined to vote against it. >> this is an action item. i was one of the ones asking questions. we need to get a good handle on where are we in terms of retirement? there are 1700 officers. we are talking about losing 185 in terms of officers. my understanding is that approximately 200 officers are eligible to retire next year so i am concerned about this budget going forward and making it

clear that we did not have an academy class last year, we will not have won this year. we have maybe 50 candidates and if we're lucky, we get 30 that graduate. we are talking through nine months or two years of getting maybe 30 officers or 25. that is no where replacing the amount that is leaving. i know it will be voted on by the board of supervisors. i want to know these numbers before i approve or disapprove or not give my support for a budget. we should have some kind of presentation not only on the budget but also on the issue of layoffs, possible layoffs, retirements, the drop program, what the ramifications would be, so we can educate the public, the board of supervisors, and the mayor's office. we might be down significantly

in officers and there is not a quick fix to that. we should at least have an academy class next year, and the next year, and the next year. >> i agree, thank you. >> i believe that a commission meeting a couple of weeks ago, we requested a more detailed breakdown of the budget by line- item and i have forgotten when that will be before us. >> i know that the cfo has put that together. >> this is our redone as a presentation? >> correct. >> on the 16th, are we planning on doing this? >> the 16th is -- >> we should probably squeeze the budget. >> is that the week after? it is that possible? >> this is the 23rd. on >> what we need to do is we

are hearing issues regarding the program where we can lose up to 500 officers and six retirement days because of the drop program and we cannot suddenly lose these officers and not have officers coming down the pipeline. this could be a crisis. i think we should schedule for that. i was not here when it was discussed. let's calendar this for the 23rd. >> ok. >> i would like to continue my comments on this line item. i would like to confirm that we are all speaking on the same frame. it is the officers on the street, the number of officers on the street that we are really honing in on the and the possible reduction and wanting to retain those numbers. i don't know whether that is the case or not but in terms of my thinking, there is a high

priority of officers out in the community and those numbers not going down. what i would like to hear when we talk about this on the line item basis is how is the issue of not having people go through the academy interface with lateral hires because many people will be leaving the department are experienced people and where does the department such as the san francisco police department, where would we drop the experience from and how does that play into the numbers? this is the people on the street, as well as lateral versus people coming through the academy. >> do you want this on the 23rd? >> what we need to do is to add

to the budget that is being presented and we should reflect the changes in the staffing of the police department. i would like to know how many officers between now and next year will be retiring pursuant to the drop dates and program. the officers are retirement eligible. they can retire of their own accord. you can see what the attrition will be. we are hearing numbers close to 5 letter that will retire which means that we need to have a contingency plan to try to put officers through the system so that we began to work with the older officers so that they can gain experience. this is a concern and obviously we have a budget issue. 51 officers retire but we have room for others. we don't want to be caught off guard.

if we don't have officers on the street, we will not be able to investigate the cases. >> we can have this addressed. that would be very very wise and helpful. >> will consolidate them into one presentation. >> -- we will consolidate them. >> we will have everything on the table on the 24th. >> how will we squeeze that? my understanding was for the weapons that we already had. i was one to ask for that on the

16th. >> thank you very much. . . >> members of the commission, assistant chief and members of the public, i do not have recent activities for this evening. i will provide you next week with the o.c.c. statistics for february. however, just briefly, the o.c.c. has conducted 11 mediations to date. so our mediation program is thriving. that concludes my report. >> thank you, director hicks. any questions for director hicks? >> line item number 4-c, commission reporter, subdivision one -- >> excuse me, president mazzucco, the update on the

budget. president mazzucco: oh, yes. i let that go. sorry about that. >> thank you. the o.c.c. did present or i should say submit its budget to the controller's office. to meet the february 22 deadline. and as i discussed with this commission on february 2 and february 16, that budget did include reductions in the amount of $235,000, plus an additional $235,000 for the contingency cuts. and should all of those cuts be taken, that would result in the reduction of the o.c.c.'s 34.75 full-time equivalents by five positions. we would lose two clerical positions, two investigator positions, and an attorney position, and we would have to

discontinue our mediation programs. president mazzucco: none of that is good news. commissioners, any questions or comments regarding that? what we -- we'll continue to work with you on your budget, too. >> thank you very much, president mazzucco. members of the commission. >> i'm sorry. did you tell them how many cuts you would have to have? going to lose the lawyers, the attorneys? >> yes. should the 10% contingency be taken, we would lose one attorney position. and the remaining three attorney positions are dedicated to our charter, mandated a responsibility of prosecuting cases before this commission. defending cases and chief's hearings. as well as making policy recommendations. >> thank you. president mazzucco: thank you. >> you're welcome. president mazzucco: line item

4-c, commission reports. let's start with the commission president's report. i'll report that this commission has been extremely busy working diligently on all kinds of different matters. mental health issues to the very long hearing we had last week regarding exploring new options for less than lethal force. and this week alone, on monday, several of the commissioners met with all of the union groups at the hall of justice and some of the officers and then from there, we fanned out and went to the direct stations, the midnight shift lineups and met with the officers. if they weren't going to come to us we were going to go to them and we did so. i did hear a lot that commissioner slaughter and i appreciate them doing that. we have a great police department and officers but they have some very serious concerns they want us to address and really, really appreciated in all three instances seeing the commissioners at the district stations was a big deal.

and so that's my report for now in terms of that. but -- last night we were busy as noticed. interviewing candidates. potential candidates for the next chief of police so we're busy. commissioner kingsley. commissioner kingsley: i wanted to report on two items. one is a couple of weeks ago, we were all invited to the terabell station's lunar safety fair. and i attended. and wanted to report back on that. i was -- it was a gorgeous day. the block was cut off as well as the parking area. and a lot of the activities of the police department were very present for families. and captain sanford and lieutenant mar as well as a number of other folks were responsible for putting this together. and it was just a really

terrific, festive, informal occasion for police, staff and the community to mix. and i personally had an opportunity to speak with three co-chairs of safety watch in the community and talk about what they were doing on their respective blocks. in terms of working with the police department on neighborhood crime. and so that was very worthwhile. for me as a commissioner to hear that. second item, some weeks ago, we addressed when chief goscone was with us our need to revamp our discipline case process in a large sort of way. and i wanted a report back on that. commissioner hammer, at this point, we are working together on that. and i met with the city