can get that comparison, i think that will give us a large irperspective on where we sit. >> sure, i'm happy to do that. i can assure you are we're a lot closer to the top ten safest than that list you have. >> very good. any other questions for the chief? >> i want to thank the chief foyer meeting with the three captains and myself and captain golderg on the c.i.t. issue. it is a big undertaking. senior partnership met on the issue recently this week and i appreciate the chief's thoughtfulness and proactiveness for issuing this department bulletin so there's a policy in place as we're getting c.i.t. under way. >> we're looking forward to. >> thank you. >> item 3-b, please. >> 3-b, o.c.c. director hings reports the view of recent activities, presentation of o.c.c.'s monthly comprehensive statistical reports for the period january 1, 2011 through

april 30th, 2011 and january 1, 2010 through april 30, 2010. >> thank you, and welcome back drirktser hicks. >> good evening, president mazzucco and members of the commission, chief sir, it's good to be back. you have before you o.c.c.'s comprehensive statistical report for the period january 1 through april 30th of this year. and for comparison purposes, you also have the comprehensive statistical report for the same period last year. you also have pending case reports as of the same date. in april, 72 complaints were filed with the o.c.c. and through april 30, 2011, 260 complaints had been filed year to date. also as of april 30th, the o.c.c. closed 282 cases so we closed more cases than we opened and we had 403 pending cases. we sustained 21 cases or 7% of

the cases we closed and as of april 30th, the o.c.c. conducted 26 mediations. in the same time last year, when we conducted seven mediations due to our coordinator's unexpected leave of absence. in two weeks i will provide you with the o.c.c.'s may comprehensive statistical report and that includes my report. >> great. thank you very much. commissioner slaughter? commissioner slaughter: dr. hicks, a few question. turning to the comprehensive statistical report, you show two -- year to date 260 cases opened, correct? >> yes. commissioner slaughter: and then some cases withdrawn and against cases opened to 11 and then cases closed 2011, 61 cases closed 2011. and then a little further down, cases outside the jurisdiction, i see 16 and then finally cases

pending by year 2011, 155 s i guess my numbers don't add up. i take that 260, i subtract out the eight case that's were withdrawn, 61 cases that were closed for 2011 and -- and the 16 kices that were outside of the jurisdiction and i have 175 cases pending. maybe i'm looking at the wrong figures but i was wondering how we got to 155 cases pending by years 2011? and maybe those aren't apples to ams, but i can you that question. >> ok. commissioner slaughter: if you don't know it now, just get back to me on it. my second question is, looking at the cases -- the next report january 2010 to april 2010,

cases opened and sustained or, excuse me, comparing the 2010 to 2011, we showed in 2010 you opened as of the same date 328 cases and as of 2011, same time, you opened 260. so almost 20% fewer cases were opened in 2011 as compared to 2010. am i reading those correctly? >> you are reading those correctly. and this is consistent with the first quarter report that i gave you that included cases january through march, that there was approximately a 20% decline in case that's had been filed with the o.c.c. i also detailed to the police commission in looking at other jurisdictions, including oakland, that complaints filed with them had declined last year.

commissioner slaughter: so i take this at strikingly good news. is there any reason not to be happy with the fact that our citizens and are complaining less about their interactions with our department? that seems to be a good thing, right? >> i think it is a good thing, unless it's some indication that individuals are not aware of the o.c.c. but we have robust outreach programs, and recently, we released some public service announcement, so i don't think outreach san issue. commissioner slaughter: i agree with you commout reach is not an issue and certainly would not be they would be less aware this year than they were last year. so people are aware, they're aware of the ability. we have a strong o.c.c. comms critically important to the health of the department. so i actually view this as the department's getting better, o.c.c. is getting better, it's working better and i think you

deserve a lot of credit, department and officers on the street deserve a lot of credit. but when you see a 20% decline year over year, in people coming -- you know, coming and complaining about anywhere interactions with the department, i just think it's a remarkably good news and credit to the o.c.c. and credit to the department. so that's all i want to say. >> commissioner slaughter, i appreciate that and i attribute that to the improvement of the o.c.c., to the hard work of the entire o.c.c. staff, lawyers, investigators and our support staff. with regard to the numbers that don't appear to be adding up, i will get back to you on that. commissioner slaughter: thank you. >> commissioner -- >> commissioner marshall: commissioner, that upgrade, it would be interesting if people would believe that the department is getting better. it's a good point you raised, but -- commissioner slaughter: i raised it intentionally. we see these numbers and i think

oftentimes there's a vocal minority of people who show up and speak and they aren't -- the folks who are pleased with their interactions don't show up and speak and don't come to the o.c.c. and say, boy, the department came out here and really served me well. and all we have to go on are the numbers that are presented and the people who are coming -- either the department or c.c.c. and saying, listen, something went wrong. i think too often we look for the negative and we also ought to be looking for the positive. seeing a 20% year over year decline in people expressing dissatisfaction with their interactions with the police, it's hard for me to see, yes, people may not know but it's hard for me to say they know less this year than they do last year about their ability to express dissatisfaction. so i think it's important to recognize just as we recognize decrease in crime and there could be other reasons that are attributable to decline.

listen, we have 20% fewer people coming to the department and coming to the o.c.c. in saying they had a bad interaction with the department and that's worthy of note and worthy of praise. if the number ticks up the rest of the year or ticks up next year, we have to figure out why. at least for now i think it's certainly good news. commissioner marshall: i get your thrift. what we normally do when we hear something like that is let's just make sure there are folks out there who are not complaining because of some other reason. and so i -- i'm saying that to say, it's always bears investigating that because maybe -- i know i hear less. i said that before. i heard maybe because you're -- i don't know, have i heard less. if that had anything to do with this, that's wonderful. we always talk about covering the bases, outreach and language access and all of those things.

we should do that. but also now maybe, maybe there are other things working here. commissioner slaughter: i agree. critically we don't want to let up on outreach and making sure our language access is as strong as possible. i think we ought not let up in making sure when the public are dissatisfied approaches feel they k it goes part and parcel that witnesses feel they can come forward in helping an investigation. i think it's all about building trust with the community and department which is critically important to the mission of keeping our community safe. so i understand exactly what you're saying, dr. marshall. but i thought it was worth pausing a second as we looked at these pictures. 3 president mazzucco: any further questions for director hicks? >> one final comment. first of all, thank you. the other comment is that the majority of officers who are

eligible to go through mediation when a complaint has been filed, agrowed to do the mediation and i think mediations really help an officer to see things from -- complainants' point of view, even if the officer was correct in proper conduct. and it is an education process and i do believe that we have a well educated police force in san francisco with regard to interactions with the public. and that makes a huge amount of difference in terms of whether someone will or will not file a complaint. president mazzucco: great, wall, thank you very much -- well, thank you very much. plea call 3-c. >> commissioner's report, commisser president's report, commissioners' report. president mazzucco: thank you very much, lieutenant.

this may fall under line 3-d but ripetly received numerous telephone calls regarding people interested in our police reserves. so if we can have a report somewhere in the near future about the number of reserves that we actually have. i know that, that number increased substantially in the last six to eight months, and there's several people who are police academy graduates who have expressed an interest in joining them. for some reason i keep getting the phone calls and forward them off to the reserve number. i forget what that status is because obviously it's a great pool to hire from and great tool to have because we don't pay the reserves to do jobs that the officers who are tied up doing other things, that they canrkv for example go to the hospitals and stay with the prisoners. if i find out a little bit about that. five phone calls in two weeks. it's kind of odd. the second concern i have is we move forward with the items we should be covering here, one of our main priorities was patrol specialist. so if we can have another update on compliance on patrolled

specials to see where we're at not next week but the following week. if the lieutenant can let us know what the compliance is with reference to proof of insurance, uniform and training. those are the things i have been hearing about the last couple of weeks. you addressed an issue i have also been hearing about these videotapes. we only see one side of the story when you see a videotape. i know thats a former prosecutor. you have to sit back and see all of the evidence before we reach any conclusions but i do agree with steve johnson from the p.o.a. that we shouldn't reach any conclusions or say anything negative about any of our officers. quite frankly, those officers that feed people misinformation on the street ought to be careful, too. >> i want to go back to the complaints again. i would be remiss as chief of police, we have been talking to the officers regularly about taking the extra three to five minutes to explain to citizens why you do what you do. regardless if it's an arrest or citation, just be understood on

why you're doing what you are doing. i really do think we have some of the most engaging men and women of any police department around. and any time you have a 20% reduction of complaints for whatever reason, it's got to be a good thing. president mazzucco: i agree. commissioners, any reports? we're quiet tonight. let's move on to line item 3-d, which is where i sort of moved already. commission announcements and schedule of items to identify for future commission meetings. lieutenant, are there any announcements regarding our next community meeting? >> no, there are no announcements. >> we talked about that last week -- do you remember? >> last week in june. president mazzucco: that will be the last week of june, is that correct? and where will that be -- >> englecide. president mazzucco:mp great. we will see captain mahoney. anything would you like to talk

about for our future agenda? >> i should have asked the chief -- maybe i should have done that then. it sparked something in me. tell me if it's out of order andky do it next time. maybe -- at some time is it possible to announce the new captains maybe at a commission meeting? we sort of stumble on that when you get e-mails -- there's a new captain out here! that would be great if maybe you can do that, if possible, announce it here. >> sure. we had a bit of movement so i think it would be appropriate to present the new lineup, if you will, sure. >> ok, great. president mazzucco: that's a great idea actually. any further comments from the commissioners or recommendations? we'll now move into public comment regarding line item 3s a, b or c. chief's report, o.c.c. director report and commissioner reports. any public comment regarding these three reports?

>> good evening, my name is barbara grove, resident of san francisco with a friendly reminder that this city has been established in the early 1800's. police department officially when california was admitted into the union back in 1850, i think we were jumping for the 49ers back in 1849. that means the police department knows what they're doing. and i don't think that they are supposed to have to worry about a lot of the smaller outside agencies coming in to advise this department how to do things. i think they're very well established. and i don't think we need to hear from smaller cities coming in with other ideas. just like the police executive research forum needs to go poof, because i don't think anybody

bothered to check them out and it cost this fine city a lot of extra money. in case you haven't been reading the papers lately, it seems there's a bunch of problems all over this fine city. when you have a lot of extra brass that we never had before, it seems poof was off base and needs to go poof and that means also with the mental situation around here. they have been handling people very nicely here. how big is memphis compared to san francisco? i think we are the leader of the pack in that one. and albuquerque, too. we're still a larger city and know what we're doing properly, as far as i'm concerned. oh, nut case status, me. former police captain secretary, made a nut case because my ex-husband wanted a chief divorce. seems it was very easy for him to gait way with it. i have any opinion of a nut case society around here because it's too easy get away with things and i had nothing to do with it.

but he was able to get the word through first because he was an active police personnel, transfer to the closest district police station rap sheet. hello, i have a nice one because of him. someday i hope to see it some time too. i think it's very creative. i said before about the creative report writing that was issued by him. the police are only playing down what he so stated. i have to say the police do a very good job. they don't need to be told from outside agencies what to do. thank you. president mazzucco: thank you. mr. johnson? >> i'm not here to complain. i want to compliment director hicks from the o.c.c. on the mediation program. the mediation program work vezz well 6789 just as the director said, even though what the officer $was proper conduct, they get better perspective of citizens city. i want to help with the workload, which isy was here last week.

last week i brought up a couple different issues that we don't think should be o.c.c. complaints, thereby freeing your investigators up to do other things, maybe more eedations. but what i would like to do with the blessing of the commission is maybe have someone from the chief's off, p.o.a., someone from the commission -- i know you're always busy but this wouldn't take very long, meet with members of the o.c.c. to see if there's common ground so just because a police officer fails to issue a form, that's not a complaint. if the police officer writes a report and the computer generates the wrong code number, that is not a citizen complaint. neither of those require interviewing or any time and police chief to deal with. we can fix that in a much better fashion. let's face it, the goal here is to keep me away from this podium and this microphone. so i appreciate it if we could have that arranged. president mazzucco: director hicks, you have a response dreefly -- briefly. >> briefly. i'm always open in meeting with p.o.a. we had meetings on several

issues in the past and mr. johnson knows how to reach me and we can arrange a meeting. >> very good. we can have some help maybe from the commission and chief's office. i would appreciate it. thank you very much. president mazzucco: commissioner kingsley? commissioner kingsley: i would be happy to join you if you wish that. so putting that out there for everybody involved. >> thank you. >> next week is here on a wednesday or englecide? president mazzucco: it's here next week. >> you have a meeting every wednesday? englecide is somewhere totally different. ok. president mazzucco: any further public comment. public comment is now closed. on those items. please call line item number four please. >> discussion of possible action to sustain or not sustain disciplinary charges filed against patrol special officer robert burns, file number alwco9220, alwc10094 and

alcc10-233 and decide if toll z is necessary. president mazzucco: good evening, counsel. >> ashley ward appearing on behalf for the san francisco police department. president mazzucco: counsel, do you see mr. burns other his counsel? >> he's representing himself. president mazzucco: officer burns, please come forward. dr. marshall, this is your matter. i will turn the mic over to you. commissioner marshall: state your appearance, sir. >> i beg your pardon? my name vobt l. burns, control specialist, badge number 2595. >> this matter is set for disposition today. we received closing arguments from you. i i don't think we received a closing statement from you, mr. burns. do you want to make one before we begin to deliberate? >> i have a prepared statement, yes. commissioner marshall: go ahead.

>> i'm here to make the full commission aware this case is a continuing violation of my constitutional rights under the 14th amendment of equal protection, equal treatment and due process of laws. for the record, my case is evidence of these violations, perpetuated by certain officials of the s.f.p.d. and police commission of previous members. accumeants through the call of law and authority through their abuse, misuse of san francisco control and special police rules and procedures. since december 2008, i have informed these officials of constitutional and labor violations in regards to the san francisco patrol special police interim rules and procedures. however, the sfpd and police commission officials refused to recognize and denied me equal rights of equal protection, equal treatment and due process of laws. in january 2009, one official, who is an ex-commissioner, told

our attorney, mr. charles vonner, who was argue rg about some of the violations that the interim rules of procedure proceeded, that they didn't care about the constitutional rules. that if we did not follow these rules of the rules of procedure that we would be disciplined and terminated. in september 2009, another official from the sfpd, legal division, told me at my chief's hearing when i brought up the violations of my constitutional rights, that the rules and procedures are the department policy and will not be changed without a court order. since that time, the certain officials that i brought up have ignored all notices of constitutional right arguments and proceeded with their own agenda causing me to believe that a court order is the only way to proceed to end these violations as brought up by the legal division attorney. >> thank you, sir.

commissioners, this is not a -- i'm sorry, it can be deliberated in open session but i personally prefer if it did go into closed session but i will leave it up to you. president mazzucco: let's ask patrol special burns would he rather have us deliberate in closed session or-to-discuss your matter or would you prefer that in open session? before i ask that question, maybe we should have the city attorney for her opinion on whether or not the deliberating should be in open or closed session, given that he's now protected by the police officer bill of rights. >> i don't think there's any basis to go into closed session normally. the basis would be the personnel exception and patrol special officers are not employees of the city and county of san francisco. they run their own businesses. they're regulated by the police commission. so there is no basis to go into closed session. >> commissioners?

commissioner marshall: you have the information in front of you. we can have closing arguments from both parties here. president mazzucco: commissioner kingsley? commissioner kingsley: i'm hearing the patrol special indicating he's not contesting whether or not he complied with the rules and in terms of uniform training and -- what was the third? i'm escaping it. oh, the insurance, that he's not contesting that. those violations that he's been charge with but rather the constitution, he's bringing in a constitutional issue as to whether or not he needs to comply with that. is that right?

>> that is correct. if the police commission, police commission said i'm not a employee of the city, i'm not a member of the police department, how can be charged with violating rules and regulations of a department i'm not a member of and brought up with rules of procedures that don't apply since i'm a private citizen?it'd comment on that constitutional review, it might be helpful to hear that. that is not right in front of us. >> one thing you may not be aware of, 1994, these issues were brought before the court court f

appeal, and they decided the commission has the power to regulate, that there are no due process violations. i believe it was in the early 1990's. however, by virtue of the charter which creates this in the first place and gives the police commission power to regulate, it is ok to established rules which they must abide by in order to maintain their status waas a patrol. >> what you are telling the commission is that each

allegation is true regarding the appropriate uniform and insurance, and your defense is merely that you are not subject to the same rules and procedures? is that correct? >> that is not my defense theory but i wanted clarification, and the city attorney -- that is not my defense. i wanted clarification, and the city attorney failed to tell you that they rolled wheat could not have it both ways. -- that they ruled we could not have it both ways. that is one question we have been constantly asking and never getting an answer for your good >> help me a little here.

in deliberations, we do not talk back-and-forth. you are only responding to what we are doing. that is not your fault. let's proceed in the usual manner. >> the commissioner has requested to speak. >> but is one thing i was going to say if you're a good -- going to say. we have had useful information from the city attorney. i think it is in our hands. we need to sustain the allegations, and we will

determine if we can make and enforce our rules and procedures. my vote would be to sustain the allegations. if you have any questions or want to go over anything, i think we should. that is where we need to go. >> are reviewed the record, and then there are admitted violations to the uniform. the question i had is that there is a running set of violations on a number of different days and whether it would be to speculation -- two speculation's versus one. and i am not sure if it referred to that sp