reconvened on september 21, 2011. the voting members included the four deputy chief as well as the advisor remembers. we reviewed the shooting that occurred last year on 1000 sceptre street. this was an incident that involved are respondent to a noise complaint. the officer discharge of firearms, and the suspects died as a result of the incident. the discharge finding was in policy. the occ will be making findings and recommendations at a later date as they decide if they will

await a later date. we reviewed the discharge on october 8, 2010. this had to do with the officers who conducted a vehicle stopped regarding a woman screaming for help. the officer unintentionally discharge of firearms. when the vehicle began to flee, the officer was struck on the arm by the door frame. no one was hit. it was reclassified as a discharge as opposed to shooting. the officer experiences and retraining. finally, we reviewed may of this year. that included an officer with a firearm that unintentionally discharge. retraining was completed as well. i am happy to take any questions

you might have before i go on to the status report. >> thank you for your presentation. i want to ask if you wanted to respond about the pending investigation. i want to know how the process works. in general, do they have their own time line famines -- their own time line? is that the normal procedure, or does it make sense for the board to wait for the investigation? >> the department completed the criminal investigation. as the attorney's office issues a letter to the department. being as there are no charges filed, as soon as they completed their criminal investigation, they also completed the administrative investigation, so once those are completed, you see cases we still present our

findings internally in to the district review board. it was at that time the director noted they still have an open case, but it is customary in the past we would continue with that stereo -- we would continue with that. there are other issues that were discussed. they determined they would look at it at a later date. >> there is a reason for the delay in the investigation, and that is that we did not have all of the documents until the homicide investigation was concluded, so we have pending document request out, and we are furthering our investigation and.

the commissioners slaughter did ask about the investigation, and while a criminal homicide investigation is open, the statute is held, so we are investigating in an addition to whether there was an unnecessary forestce. >> there was an agreement to reinvestigate once it is done. >> you may continue the second part. >> the status of the shooting investigation as of today's date. since the last report we gave this commission, we concluded a four summary letters. we had one of the cases but i just mentioned that it has gone to the review board, and we have three new cases since our last report. this is the status of any open

cases. these are the cases left from 2010. there are four cases still pending. more than likely an additional one or two cases. the case is pending from 2011 are listed there. for all of the cases, we await a decision or two cases that were referred the district attorney's office. those will be up for review. that is where we stand. >> you have done a great job.

any question regarding the actual details or the progress of the investigations? >> i want to reassure the commission that we did prepare a document. we have probably distributed hundreds of copies with an emphasis on the importance of facilitating first amendment rights and also keeping the site saved for everybody. we did have folks complaining they felt unsafe because of a bullying element, and we have had problems in other places, so we will continue to work wesith public health, to make sure the site is safe, as that is a busy space right across the street

from where everybody in disembarks and now, right next to where the children are going to be coming to participate in the ice skating rink. we are committed to navigating these delicate waters to keep the priorities were they should be, and lastly common -- lastly, tomorrow the police department will be doing a ribbon cutting for the new special victims unit. good we have consolidated sex crimes, juvenile, domestic violence into one unit. as our resources as an flow, we want to make sure our most valuable resources are safe in

the warmest possible space, and i think if you have the time to come by, you will be able to see there has been an ocean of time put into making this space for the advocates and the victims and children who come to seek comfort. >> i just want to get the thinking behind going in when the department did on sunday night and the factors that led to that decision, as well as your statement earlier that you did not have any plans or in the long-term future to have a similar action. all i know is what i learned in the press, so i would like to get a sense of what caused the

decision sunday night. is there any reason to think similar circumstances would not come up in the future? we need a way to make sure folks have a way to protest. >> the demonstration has been ongoing. just yesterday i was leaving a hall of justice. i go down there literally every single morning, and i am a chatty per cent. i do talk to whoever is around. it is very hard to find out who the leadership is. when certain things the top oatp

that are going to cause of problem, we are trying as best as we can to navigate those while at a manageable level, and saturday night the park and rec folks believe we have other people who have permits for this space. this is not somewhere folks can go, so we went in and in. we tried to tell them, please go back. there was compliance. it has been back and forth on market street since sunday night. there was one target of was an

-- one tarp. so more have appeared. we are trying to work to get those taken down, because if you cannot see through, it is another hazard. it is an obstruction, but we will continue to try to gain compliance. we will continue to put porta- potti is down there. we will continue to work with the mayor's office and the department of public health, and we drop garbage cans all over the place. there are extra garbage cans we service every day. this is all at city expense. no one is asking anything of the demonstrators, but we are trying to be smart about what appears to be something that may go on

for quite some time. >> i appreciate that, and i appreciate your efforts. do we have plans in place in case this movement gets larger? i did not know how many people are there now. i want to know, presumably we are talking fire department, mayor's office, but it does seem to be a reasonable possibility that we can be here for a while, and we are thinking not just about today but about next month. >> so does the question where do i anticipate a leaderless group known next? >> that is not so much my question as we could be in a situation where we need to find more space, and i wonder if

those discussions have started with the mayor's office or anywhere else, because that is a very high traffic area. there are people who have permits to use it. if we got a spot where the protests were significantly larger in terms of numbers, you can imagine in be a more difficult to make sure people have access. i do not know the answer. >> i think it is important, and i think it is really important to keep the dialogue open, so if we keep talking, if we keep working towards it, if the situation stays safe, if it does not pose a public health hazard, i think in san francisco we facilitate first amendment demonstration, and i know the

mayor has been very clear that as long as there is no permanent structures and it is safe, that is all about facilitating first amendment rights. >> i want to add a little bit to the occupyi sf situation, because i did attend a meeting with the supervisors and members of the national lawyers on some of these issues, and some of the individuals who are not representing clearly but are part of that movement. there is no leadership of this movement, and it is hard to negotiate what the parameters are.

we must achieve to prepare written instructions so people would be on notice as to what causes seizures and the police department. gooat the same time, it is goino grow, and we are not going to be able to direct them to go anywhere. we are only going to be able to police areas in which we have some reason to say this is not wear an assemblage can be, and not everyone here understands first amendment rights. i am an advocate of the first amendment. i know the chief of police is an advocate, and we are going to facilitate this demonstration, and we are going to do it in a

model way, but there is a line of public safety that we have to carefully maneuver, and i am committed to finding that liolie to make sure they have their rights and protecting the other rights of san franciscans. go>> i have a couple of questions, too. i wanted to ask about a notice on sunday, if there is a written notice given, because i did hear from public comment. goowhen was it given? , did they have to adjust according to the notice? i want to ask about property being damaged.

i know you spoke about using a scalpel approach, and i want to know if that was applied on sunday night and what is the impulse is going forward. >> there was one speaker who at 2:00 was told they were provided with written notice. i had asked that the leaflets, i am just going to go by that particular speaker. at least one person was noticed, and i would assume more, and that went on through the day. as far as the damaged property goes, i think anyone who has seen in the video clips, it was a rather hectic situation, and if something was damaged, there is a claims processo that occupy

sfers can avail themselves of if someone's personal property was damaged. that was the first i have heard of something being damaged. >> when there is notice given not to protesters or a plan for what happened on sunday, would you please let us know, because i know that we are going to get an earful, and for us to find out afterwards, we cannot be too careful. >> i am happy to do that as long as everyone understands such a notice would be in complete confidence because the safety of the officers and the weapons possessed by some of the fringe element that if we were to take action and someone were to tell the demonstrators we were coming, it would put the

officers at tremendous risk. >> i completely understand. now we are very used to confidentiality. any written notice given to protesters, if you can give us a copy of that and let us know if it is going to go public. >> you have the only copy of any document. this is not something that is super complicated. i read issued the same document i provided as a result of our meeting and have been continually every day, so i do not 1/3 to be any confusion. i do not want now is there to be any changes. we measured twice and cut once. if i can add anything, that would be to be very conscious. we have had a pretty good dogfight at the occupied oakland situation. >> humane and notice given at

the meeting with supervisors and with myself but it was three years to -- do you mean the notice given at the meeting with supervisors and myself? >> it was given to the press, and it was reissued i believe on monday. >> can you let us know when that is reissued? >> they do not change. they have a pile of them. they keep photocopying and passing it out. >> i just want to get notice for these kinds of actions, when

they happen, and i think that is what we are asking for. >> we as a police commissioner procedure, it is operational, and confidentiality is important. i trust every member of this board, but i think it would be appropriate that we only receive notices after it has occurred. officers' safety is of major concern. there is a fringe element. i as a commissioner do not think we should give notice until after the operation in case there is inquiry.

i do respect your position. >> i respectfully disagree with you. i want to clarify what the request is. my understanding is protesters are given notice before an action occurs. officers are given an option to correct their behavior. i just ask that we are given notice also. it is a public notice. i am fine with that for now o. we should be given notice. i think it is not helpful for us to find out about it by reading the papers, because it makes us not in the loop and not able to respond.

>> i think there is confusion over the notice. commissioner chan is saying when notice goes out that you are not in compliance with health and safety standards and the issues that are written and distributed. she is saying we should receive notice at that time. am i clear on that? >> that is correct. >> she as well as i would like to know that they are not in compliance. >> getting back to that point, a lot of times, having dealt with that protest, the police

department gives notice if there is compliance. a lot of times they give notice when they do not do too much. >> it does not mean that at all. we understand that your good -- we understand that. he has not done anything he did not say he would do. >> just some of the things said in a public comment. these are all things the fire department has already told us we are at great liability as a city if we let this happen. i have responsibility when put on notice by the fire department to ask for compliance, and given

nine, we have to gain compliance. i know there are folks who do not think that is so, but they're withdrawing decision -- the assertion. you have to go down there and see if everything is on top of itself. all of these tarps are highly flammable. it is a situation. it is great to sit there when it is peacetime and that will never happen, but i do not think anyone wants rats of the campsite. i do not think anyone wants anyone to get harmed, and i had to use my judgment as chief of police in trying to make it safe. that is why i wrote it down.

i met lawyers and all, and it has been about safety. if we can keep it saves, but i think when there are comments about we are going to do this, there is a certain want to be antagonistic, and i am resisting the tendency to be antagonize, and i have gone to great lengths to get support of parties done -- to get support of parties -- to get port-a- potties done. >> this may be one of those things were commissioners disagree, but for me personally, i do not want you stopping what you are going to do.

u.s. got emergency is to deal with. -- you have got emergency to deal with. whatever you are going to do is fine with me, because we are going to disagree. what ever you got to do, it is not important for me to get it. i am just saying that for me. i think we are going to disagree on this. >> let's move on to item 4b. r.f. i think we are talking apples and oranges. if you give them notice. i would like to move on.

>> item 4b, the review of recent activities. >> good evening. i have no recent activities to report this evening other than to say they have received complaints regarding occupy sf, and we are taking those complaints and investigating them. thank you. >> do you have any numbers in terms of how many complaints have been filed in connection with occupied san francisco? >> i can tell you generally the nature of the allegations,

issues of force and property. >> next item. >> the commission report. >> i have nothing to report this evening. commissioners salmos? 4b. >> items for future meetings. >> do we have an announcement for next meeting? >> we all have our next meeting on november 2 at city hall. >> commissioners, we have an agenda that is pretty packed coming up, >> november 16. president mazzucco: if we could get some notice to