more involved in the process. vice president marshall: should we leave it on this tier? >> i think so. vice president marshall: the next, i do not know what it was supposed to result in. where are we with this one? commissioner: as i remember, commissioner hammer had partially brought this up. this was informing them of their rights and the procedures involved, and -- vice president marshall: i remember. we had a pretty heavy presentation on it.

commissioner: because we do not have commissioner jim hammer here, to see if there is any backlog, we need to stay on top of it to make sure that it continues on into the future. it could possibly be on the third year, asking for an update quarterly, for example -- it can be on the third tier. vice president marshall: then we can take off. i would not mind taking it off completely, because we have had a presentation on it, and we have the ability to have a report on it. these are my thoughts. >> this is where i was kind of coming from in terms of systematically deciding which departments or programs or systems within the department

that we would get systematically, and within that kind of approach, it would take one year, two years, however long, but something like this, and follow-up would come up within systematic review hi. that is what i would agree to take off. a priority for the next 12 months, but have that instead moved to something that we want to systematically lepidote, at some period of time. commission: after we take the action to follow through with their initial investigation and monitoring, then we can remove it. i really want us to finish our work and have a system to make sure this does not end up back in to higher priorities before we completely remove it.

commissioner: you do not feel comfortable that we have gotten the information? commissioner but -- commissioner: know. i think we just need to follow through. vice president marshall: the second tier? commissioner picking: -- commissioner: second or third. vice president marshall: i do not remember who brought that up. commissioner: they are dealing

with this since this happened to improve responses, we will monitor and see if we can close the loop before we move it. vice president marshall: tier. >> i did, since we haven't done a ton of work around this, i would remove it from the third until we do a little more work on it. >> you're saying it was third and second? >> in both second and third. just remove it from third. and the reason why -- the department has done a lot of work around this. we haven't necessarily done a lot of work to see where the

department is on this. i would just delete it from the third line from the bottom, domestic violence third tier. >> ok. let's go to third tier, which is breach of confidentiality. i don't know what that was about. anybody remember? >> that was in response to a specific case where it looks like an officer disciplinary matter was leaked to the public. the question coming from at least one of our commissioners was who is looking that and violating the copely decision. >> i think we dealt with that, right? >> i would just check in with that, commissioner. i think it was commissioner dejesus before we remove it. >> that's why you have all of the commissioners here. everyone has their one. i hope you're keeping up with this. and then we have the reviews of

the chief of police and o.c.c. director. >> what time of year is that usually done? what has been the practice of the commission in the past, mr. president? president mazzucco: that's a good question. whenever we calendar it. that wasn't necessarily the end of the calendar year or end of the fiscal year. just whenever we calendar it and i don't remember it happening -- i think we have done that off more than on. >> yes. >> and you tend to submit yours. >> i submit mine president mazzucco: >> yes. >> i do. >> director hicks, do you have a particular date or month that you -- that you have calendared that you typically do that? >> in the next few months you are due one from me. started in november of 2007,

seems that within about a year, you reviewed my performance. so you have reviewed my performance twice as a commission. >> well, for consistency, why doesn't the commission decide what month each year, what week, whether it's the second weekend november, first week of october, whatever, but have a particular -- either week or month that we consistently will do these two reviews. and if there is a change in staffing, that obviously might dictate changing it a bit. we have a new chief this year that's only been on the job for a few months. and as a commission, i think it serves the public well and our

jobs well and people that are working hard and doing their jobs well, if we have some consistency and we decide when we're going to do it and go ahead and make sure we perform that responsibility. president mazzucco: if we did, it wouldn't even be on a tier. it would just trigger, so it shouldn't be on a tier. i guess the real issue is deciding when we're going to do it, so we should probably -- that probably will be here to decide when. >> mr. president, don't you think since that's a fairly easy thing to do in terms of just setting what month or a week, i mean we're not -- everybody agrees we need to do it. it's just a matter of setting some sort of time frame. perhaps we can get that much done tonight? president mazzucco: i was going

to ask in december but at the end of the year. somebody else have a better suggestion. >> that's a great idea. that's fine. >> or the end of mid-november or something before the holidays start because then when we have holiday events, and participation may be, you know, off. so we can move it just a little bit to either beginning of november or mid--november. >> that's fine. president mazzucco: end of the year, whenever that is. we'll look at the calendar and figure it out. >> and with that be -- i think it probably would behoove us to stagger the two reviews and sense the chief just came on, we could use his -- the annual date for his and -- and then for commissioner -- for director hicks, perhaps the mid-november.

any comments from the director? president mazzucco: she's ready to go. >> does that work for you? president mazzucco: she can probably do it next week. >> mid-april for the chief and mid-november for the director. >> thank you. that's fine. i coincide with my anniversary date with the city and -- and i already have a template that i use which is the city's template, and i provide a draft evaluation to you in advance of the actual meeting for you all to comment on. and then comments are incorporated after the evaluation and it's signed by the president of the commission.

president mazzucco: >> i think what was suggested was november and mid-april. president mazzucco: surveillance, racial profile something >> it had to do with the south asian muslim community and at the big hearing we had the human rights commission and i think that's still dangling work if you want to amend the general department order regarding racial profiling to include additional categories and if we want to do about switching to a portland model. >> to update you, there is no portland resolution. that was never signed off on. we were trying to get it so we could model it and apparently, the assistant u.s. attorney that signed off on it wasn't authorized to do so, has since been transferred and i met with teresa sparks and human rights commission attorney the other day and we tightened up a lot of

the language on the bureau order . we will be giving them that back and if that's to their satisfaction, that will close the book on -- close the loop on that for us absent the aclu being able to get some sort of resolution with the f.b.i. because they are the controller of the national m.o.u. >> i would say until that work is done, we leave it just on the third tier. president mazzucco: commission staffing, we try but -- >> in the process of trying very, very hard to get -- this is for a court clerk to help with our docket of disciplinary matters, to help us with managing that, we then reduced our docket so we could continue on searching for the court clerk but right now we don't have a strong need for it. president mazzucco: can stay because you're still looking? >> it can stay because we're still looking. that's fine. >> isn't there a need just in

general for a clerk in the office to help out or no? lieutenant -- >> more help would be appreciated but -- talk to some of the people involved, they say court clerk first and if not, a separate clerk. >> given that need, we will keep it on there. president mazzucco: i think we've taken care of the next one, from a moving vehicle. that can come off. i don't remember why cannabis was on there. i don't know who put that one on. >> need to check with commissioner dejesus on that one. president mazzucco: i couple of thoughts after going through this list, i can see how this happened when you're at a retreat, you do these things. i'm looking back at the retreat and you get the brainstorming lists. my first thought is we have too many things on the list. as much as i might have felt about the tiers at that point, i'm not particularly fond of

them right now. that's just me. my thought is, let's fix four, five priority areas, go after those, get those done and move on to something else. haven't reviewed the list in months. looking at this, i'm not as fond of the tier as i was then, particularly saying how they played out in practice. those memory thoughts. that's -- if you're asking me now, i would rather pick four, five various for us to tackle and get those done and move on to another four or five. that's my thoughts after going through this. >> prps we could choose three or four items on this list, regardless of -- president mazzucco: something that's not on the list. >> that's right. or something not on the list and should those three, four items become the red top tier list and then take the other items that fall below that and decide where we want to fit them in, in the

year. maybe they will be three months down or something rather than if we do want to -- president mazzucco: let me tell you the reason i was saying this, the commission doesn't seem to operate long range. seems to operate short range. even to have things on second or third tier, don't know that we actually get to them. so -- >> that's the point. mr. president, that's why the conversation is tonight so we maybe can calendar long term so we do get to them. for example, as we go through spells where we aren't pressed with many matters. we can have this already built in so that we are addressing all of the things that we want to address and need to address.

>> really, waiting for a back a report on -- a report where we stand. >> those should be taken off this list and put into a separate list as to a report back to the commission and find out exactly what still needs to be done. if that reporting shows that there are items that we need to cover, that i'm more than glad to put them back on the list. but it would seem the department or other areas are being covered and so that would be the primary area that we need to find out what is being done, what still needs to be done. >> so it looks like we need to add a time line section and a to-do section as to what needs to be done. so add that. i would add actually who's

supposed to do what if we were to get that specific because a lot of times things don't get done because someone didn't take ownership of it. add that on too.s0 before we're done with this discussion, i want to make sure i recommend and push very hard for us to include in our top tier mental health, improving mental health and counseling services for officers. we discussed that last week. i did say i would bring it up again. i would find it very hard for anyone here to disagree, including that as a top priority, given what we have seen in terms of need for officers and i ask you continue doing this as soon as september 7 or 14th to a followup to our presentation on what steps we can take to support improvement in that area. president mazzucco: before we go to schedule, let's see what we want to add to the list in general. you're suggesting we adamantal health -- >> improving mental health and counseling services for officers. what we need to do is look at best practices, consider the recommendations coming from mary

dunnigan and take action to actually implement something to improve that process. president mazzucco: and you're suggesting to put that in the top tier? >> i would say within the top tier dorks it in september and assign that to president mazzucco, myself and whoever else is interested. president mazzucco: anything else anyone else thinks should be added in general to this list? first, top, second or third. >> added or emphasized? i don't want to add anything but i want -- president mazzucco: this is just add because she added something. so -- >> so for adding, if you're just on adding rather thadge emphasizing -- than emphasizing, i would like to see us add a systematic long term review of programs, departments, within the department and o.c.c.

president mazzucco: where would you like to add that? >> i think it's -- i think it would go on the time line -- i think the particular programs or departments, that, that would be something that the director or chief could help determine best. and part of it is for the general communication of the commissioners and public to understand the different departments but also to review the perf report that was done a couple of years ago and keep that in mind as we look at particular divisions. ton go from there. i think what prompts some of this is with the history of the department, there are crises that pop up every few years and this year we had the cameras,

the resident hotels, you know, that issue come up. and this would be an attempt for everybody to go through kind of a systematic look, understand how things are operating and with the objective to try to overt some of the crises that do come up from time to time. as well as to educate us and to look at policies that are in existence and have everybody kind of focus on it and see if there's any tweaking that's needed. president mazzucco: ok. i don't know exactly how to put that on here. my paper is all marked up. i guess a fundamental question for me is, just looking at the

top tier, language access, mental health issues, patrol special, mental health for officers, there's nightclub -- we moving that one. there's undocumented, victims of community policing. i guess the fundamental question for me is how this list is used in terms of scheduling items because i don't think it's been used at all since we put it together and what i questioned last year was the usefulness of the list if we're not going to use it to refer to it in terms of scheduling, so that seems to be -- no matter what we put on here, if we're not going to use it, i don't get that. i don't get that. even when things have come up, i don't think anybody said listen, this is first tier item, second tier item, third tier item. so i'm still -- for me, it's just easier to say we're going to pick five and go after them and so i question the usefulness of this, i guess, at this point

because we haven't really referred to it at all since the retreat. that's my issue with this thing. we can reform the list. we can put you priorities in. you can put second. you can put third. i'm not sure you need -- this is me. three tiers, seems like you only need a top tier but that's just me. and then the scheduling piece, it seems like if we're going to use it, we should refer to this before we schedule something, that's all. >> well, one suggestion would be one or two commissioners work with the lieutenant and get a broad calendar put together where we schedule these things and schedule them in accordance with the priorities that are determined by the commissioner as a whole, so the scheduling does happen. president mazzucco: or another way would be at the end of the

month that we look at the list and say, we covered this, we covered this, we covered this and why don't we pick this up in the month of whatever. but not to use it at all is what i'm confounded with. we haven't used it at all f we're not going to use it, to me, let's get rid of it. that's my point. so either your suggestion -- which is a good one or my thought is to at least have it on the agenda so we can refer to it. what do you think? >> i would go with the schedule ahead of time, like the brady issue, it takes a lot of time to do it. what we would schedule is when it comes before the commission but 99% of the work happens before it gets to the commission. calendar ahead of time, having one or two people do that, would be helpful. with the caveat that emergencies do come up, unexpected things come up. just because they're not on this list doesn't mean we can't talk about them and potentially calendar them. president mazzucco: what i here

is a suggestion for a couple commissions to work with lieutenant on calendaring -- >> yes. president mazzucco: over whatever period of time? >> the next year to half year. because we go from times to meetings at midnight from other time where's we don't need to have a meeting and we can balance it. and maybe if we balance our workload better, we won't be here until 10:00 or 11:00 at night. president mazzucco: knowing we still have to keep the third wednesday for disciplinary matters. i'm fine with that. >> i volunteer to work with -- president mazzucco: you would be volunteered anyway. >> that's why i thought i would say that. >> i'm on too many committees. i would execute some of these priorities. i will hold off for now. >> commissioner, would you like to do that since that would be -- >> certainly, i would be glad to work with you. yes. ok. president mazzucco: we probably have to reorganize this a little bit. they have challenge there and i

think they need to move a little bit on this tonight. ok. there's nothing else. commissioners, we will take a public comment on item number three. >> patricia boyd. i haven't planned to stay but i'm waiting for another committee to my term. i was disturbed by the nightclub violence in the marina, we're having more and more nightclub violence. with one bar that's advertising in east oakland bringing a hip-hop group over. another one who has continual pub crawls and it's becoming, three windows have been broken in the last 12 months. ambulances have been called on other issues, and i think we may -- i would like to keep this as a higher priority for our neighborhood at least. we have another one that was closed for a shooting.

and it doesn't look like if what we're getting is a replacement. i'm trying to be open minded on this one. the police staffing i think is very important. i think we're too short and we need to campaign royally for more police officers. d.n.a. and sexual assaults is very, very important from someone who's worked with it and i worked with people who have been molested quite often. and it's a real problem. the one that -- i had one down here, racial profiling, i would like to discuss some things with each one of you on this. it's some incidents that i know about. and i don't want to turn anybody in yet. i think we need to work on a better system concerning the education of our academy, our kids coming out of the academy on this one.

the nightclub one is very important to me. i have a question to ask because i have a problem, is it legal to have police scanners and not be at the police department? i would love for somebody to call and answer that question to me. and that's about it. i think this is a good idea to at least identify your things and how you bring them to the hearings, i really don't care. but on this nightclub violence, we're getting it. and we've got several issues concerning ft. mason, having these drink fests, all the beer you can drink and we're ending up with the remnants, the remnants, the union street fair was much better this year. but i think we need to start worrying about the america's cup, too, in this neighborhood and the number of people that are going to be there and drinking. thank you. president mazzucco: further

public comment on this item? yes, sir. >> pi want to speak on the preece priorities and specifically in the bayview, in the district 10 community, i feel like a lot of officers are dispatched to the community because of the violent crime, but we have a lot of officers giving out excessive citations every day, and i feel like this doesn't help stop the crime. it doesn't help solve violent crime. i mean, when it's three officers

messing with a drunk, that gives a killer an opportunity to get away. i saw three opportunities ride up on a t train platform and at the same time they were giving somebody a citation. while they were giving somebody a citation, somebody got shot and the shooter got away. so i just feel like your priorities need to be looked into. and we're criminalized every day on third street, third and pellew particularly. police hop and trains and criminalize our youth. they don't do it in any other neighborhood. and that's why kenneth harding jr. was slain and i have been chased down by police for not having the right fare on a muni train. so it's not an isolated incident