this was a charter section that involve the work of many members of the community to give expensive and jurisdiction, and it is my understanding the occ has the authority to add allegations, meaning that when a civilian comes forward with a complaint, the civilian cannot possibly know all the regulation an officer is subject to, and should the occ determine there are things in addition to what was complained of by the civilians, we will add them. this is something the internal affairs division throughout the united states do that when the justice department comes and

looks at internal affairs or the occ to determine whether we are conducting zero investigations, they would find us remiss if we did not have allegations when we found there was neglect of duty. i know the police department believes they can do this faster or more efficiently. i found there were instances where officers have been defiant about whether they gathered stock data or not. the captain who exempted his unit from certain responsibility, and i think it is important that there be another set five years other

than the police department to determine whether there has been and neglect of duty. the other thing i did point out is that whenever a complaint comes to our office, we send that in the form of report, and now the police department knows 38% of neglected duty it sustained findings were for failure to collect stock data. the department attend determine whether or not officers are complying with responsibility. as i have heard from both sides about the allegations, and it is my understanding when there is a need for investigation said the

actual investigation is done by the police department because they have access to information you do not have access to. what's the police department has access to all dassn't -- >> the police department have access to all data we do not have, whether it's been a police report or an allegation for police report. >> i read both sides of the memos. the issue i am hearing is the police department and of doing the investigation anyway. they have access to a computer system not everyone has access to. i have heard from both sides of this issue. i just want to share with the

commission to regard region with the commission. >> i think the director stated our position. >> i think we need to track itself . the issue is an in-house issue. >> if i just might respond to your statement about the police department of the investigation anyway, the occ receives complaints from civilians around traffic stops. the civilian will complain they were treated badly or harshly by the officer when they were stopped, that they were racially profiled and that is why they were stopped, so the department

provides us with data on whether or not an officer entered a traffic stop, and what i will say is that occ has tirelessly provided you with quarterly reports where we give information about the types of allegations and we investigate, and i would say it is illegal issuer -- a legal issue. >> i will read into them for further guidance. is there anything else? >> if there is a way to get a copy of that. >> i can provide that.

>> thank you for your thorough report. it is wonderful to hear of the good work, and you should be commended for your hard work, and thank you for sharing so much detail, because i think it is important to realize. there is just one thing could you elaborate? the average you have been doing in all directions with your various activities and responsibilities is terrific. and i am wondering what that support is, what is happening there? >> when i participated in the panel on mediation in new orleans in september, i feel --

fielded a number of questions from individuals from other jurisdictions. they would say, the their police union did not support mediation -- there would say there police union did not support mediation. how was it that san francisco was successful in its mediation program? my response was there has to be a relationship between your civilian oversight agency and the police union in order to have buy-in to the mediation program. domiciles are -- our mediation coordinator who is returning to work on friday and the vice- president have an ongoing dialogue about the mediation program. if she has difficulty reaching an officer, kevin martin will

contact at officer as well. and the poa, when we watched the program, did publish a positive article about the occ mediation program encouraging officers to participate. that was part of the material i submitted for my panel presentation. >> anything further? thank you. >> you're welcome. moving on to the october monthly statistical report. i am about to deliver you a november 1. we will go back. it is in your packet. i will give you a brief presentation. as of october 31, 669 complaints have been filed with the occ as

opposed to the number previously. this represents a decrease. as of october 31, 675 cases were closed. it sustained 53 percent -- 53 cases. and as of october 31, 2011, there were 300 pending cases. trucked to ver we did receive notification that two cases were adjudicated. the chief concern with the -- the chief concurred. the officer was admonished. in a case which was not appealed, the officer after a settlement conference received a five day suspension with three days held.

find with neglectful duty. the officer's duty resulted in a loss of a laptop computer. that concludes my report. president mazzucco: anything further for the director? thank you again. >> you're welcome. >> the commission reports. president mazzucco: i have nothing to report this evening. commissioners? 2d. >> commission announcements and scheduling of items identified for consideration at future commission meetings. president mazzucco: announcements? >> december 14 at 6:00 p.m., commission will have a special meeting at owens street. president mazzucco: i know we

are full. next week is particularly full. we have a lot of items in closed session. commissioner kingsley has the priority list along with commissioner ter andurman. -- turman. >> there is still some -- president mazzucco: thank you. anything? dr. marshall? >vice president marshall: the last two week of december. we typically do not meet. >> we have probably next week

and one more meeting in december. >> that is correct. >> the next would be the first wednesday in january 2012. president mazzucco: is there any public comment? >> hello. we're interested in the occupied groups that are all over the country. -- occupy groups that are all over the country. their fees have fallen through -- they are college students and their tuition is falling due. that is what i think.

they do not know what they are here for. are we going to hand out jobs because they were here? there was nothing on -- a thing [unintelligible] alleging police brutality. there is nothing taking place yet but they would like to have the police and the city and county pay for their college tuition. i went to city college. junior college. i think that's what these junior colleges are for. so you do not have a big tuition. for three years, what difference does it make? you can transfer everything over. i hope they great brandywine's figure that out pretty soon. president mazzucco: thank you. any further comment? >> i do not know that this is

regarding your issues but i would like the opportunity to say we have a bad drug problem as everyone knows in the tenderloin. we have community people in the area and outside the area. we would like the police department and i hear a lot of good things about greg. the police department does not answer the calls. we live in a bad neighborhood. it is a high-volume drug activity area as is all the surrounding streets to the station. i addressed the police meeting yesterday with this problem and i am addressing you as well. we really need some tough action to clean up this area. a lot. thank you for a moment. president mazzucco: thank you. any further public comment?

hearing none, public comment is closed. >> recommending to the director of real-estate to sell or transfer said property in accordance with applicable state and local requirements. president mazzucco: do we have a presentation? we received information about a resolution. >> good evening, commissioners. i am from the administration bureau. i am here to give you an overview of the potrero station. it was designed in 1912 by john

reed. it was billed as a police station, in operation until january 1997. there were studies done in the late 1980's which declared it to be unfit for a police response and also, 999 tennessee which is adjacent was declared as surplus property. i recommended to the chief to declare it as surplus property under the request of department of real-estate to look at other options for making it a useful property for another entity. john will fill you in on that. the property itself is approximately -- is at 2,303rd street. it is 4000 square feet and the second is 2100 square feet. it sits on a 12,000 square foot lot. it has been vacant since january

1997. we have incurred maintenance costs related to boarding it up, cleaning it out for department of building inspection and public health. it is not currently used for any police operations. >> good evening. acting director of real estate, john updike. a pleasure to be here before you this evening. with respect to background on the timing of why this item is coming to you now, previously come in the capital plan, and unfunded element has been in that plan since its inception regarding restoration of this property. a fairly high place holder number, somewhere north of $20 million was estimated to rehabilitate the building to

provide either a police or other public safety use on the property. that option seemed to be fiscally not feasible. we processed the declaration of surplus in a sale of the fire. -- fire station on tennessee on the same block which was a fairly successful effort of moving back into private hands for redevelopment. what is before you today is a bit of a unique attempt to in steps offer the property first perhaps for the lease. we have been approached by communities serving nonprofit organizations that have an interest in this property. as the chief put in a letter to me, this property does have a unique opportunity to serve the

community, respect its former use, perhaps create some more bridges between law enforcement and those in need, and we would like to explore that opportunity, not necessarily as a revenue opportunity but more so putting the property out as a request for proposal to the nonprofit community. what kind of uses might be put to the building, and what we're looking at is simply taking what is currently a liability for the city by owning this building, a difficult building to manage because it is not used, deflecting that risk and expense of maintaining a building not in current use for police use, and offering it under that scenario, which would require the board of supervisors approval. we would do this process, this request for proposal to the nonprofit community in -- with your staff.

this is ball long lines of what we have been talking about. if that fails to produce a reasonable or viable proposal, we are seeking today the declaration of surplus to allow the potential of sale of the property. i am not sure that is necessarily a viable alternative. the building does have a historic element to it. cost to rehabilitate the property could be difficult. that is something that could be explored as a second step. i believe we would be in a position to return to you for further information on that. and seek additional board authority if we were to take that step. this is an incremental process we would see ahead but in order to take that first step of offering the property for lease, it needs to be declared surplus by the commission overseeing the property with jurisdiction. we would transfer that to the department of real estate to

manage that request for proposal process and if we have a successful venture that springs forward from that, taking it to the board of supervisors for their review and approval. hopefully that context is somewhat helpful. president mazzucco: thank you. if you want to add anything? >> the nonprofits to which john is speaking have talked about keeping the historical perspective of the building intact and then working on the inside to make it something that would be for at risk kids or something of that nature, and correct me if i am wrong, but at the cost of the lease, they would take care of the mitigation and and obviously at some point in time depending on how successful the nonprofit venture might be, the city would keep the property, but it will have been mitigated and will have been productive and would still go towards violence

reduction and helping at risk kids, if that is something that can be pulled off. i think that would be a huge positive for the space right now that has been a blight in the neighborhood where a could be adding value. president mazzucco: thank you. commissioner term an. commissioner terman: have there been actual interest today to buy specific nonprofits? >> yes. commissioner terman: the nonprofit community has approached us and we have had interest from for-profit ventures. we would like to explore this non-profit opportunity first. president mazzucco: commissioner kingsley. commissioner kingsley: thank you both for your reports and your

input, chief. could either or all of you explain a bit what happens financially? this is considered a building or an asset to of the police department. if -- but yet, the department of real-estate could take it over and generally what belongs to the the police -- what belongs to the police to prevent belongs to the city. my question is rooted in the flow of money. whether it be rental, it sounds like, the idea of a nonprofit that would help in violence prevention, that is a terrific idea and there is a great deal of appeal to it. it sounds like if that were the case, in terms of the cost of upkeep, mitigating the expense of upkeep, that would be basically the best we could

expect, almost, or close to it in terms of the financial aspect of the transaction. if it were leased to a profit or four -- nonprofit organization, we could expect a sale. there would be the sales proceeds and what could be received for that. at the heart of this is, if it is considered an asset of the police department, what could the police department look forward to in terms of financial benefit from leasing this property out or selling it? when we have the academy classes we need to put on and all sorts of things and occ as part of that budget umbrella. we have heard their needs this evening. how does that work in the city in terms of an asset? >> that is a great question.

i get confused as to how that works i can understand the genesis of the question. take this again incrementally. with the lease proposal, i believe your statement is correct. perhaps the best we can hope for is to mitigate our expenses to maintain this building and secure a solid operator, a positive community use, and have no expense to the police department or any other department of the general fund of the city. if there is some opportunity for revenue flow or some participation downstream, let's say it is a long-term lease and things become wildly successful and there is some element that could produce a fiscal return, what we often do, the department of real estate is a place holder of jurisdiction. the police department would then through a state receive revenues. we ofte-- to real estate receive

revenues. the jurisdiction move facilitates leasing or sales. think of this as an interim step. we will often put that in an mou so there is a clear understanding between real estate and the police department if there are funds, this is how we would handle that matter. secondarily, should this non- profit venture not pan out, and we agree collectively to move forward with a sale, as part of the board of supervisors approval of the sale, the board would also need to adopt an ordinance which allows the funds to flow to the home department. in this case, the police department. i will use that example of the fire department sale. if there is a surplus property ordinance which currently states that any sales of surplus property, the proceeds need to go to affordable housing first unless the board of supervisors

directed otherwise. we would work jointly with the chief to formulate a communication to the board seeking those funds not in this case going to affordable housing, but returned to the home department. it is a board decision at the end of the day. president mazzucco: there was an excellent question. the public may say the commission had this in front of them, we voted to turn it over to the real estate department rian hob i have seen this done before. the old central station. -- we voted to turn over to the real-estate department. i have seen this done before. it went to a nonprofit. the city sold it. it is an art studio and a private residence. talk about and read. is there a possibility for this? also the old northern station,

what is the current status of that station and the old mission station in the district -- station in the mission district? i see those as the examples. can the police department maintain control through this mou to guarantee that it goes toward the use of a nonprofit that is related to the police department, preventing crime? community average. how much control with the use if we make this vote tonight and turn it over to you? >> brick questions. real-estate is happy to draft and work with the chief on an mou. you can condition your approval if you feel comfortable doing so. on an mou which i-- perhaps a comes back to the commission for final approval. -- it comes back to the commission for final approval. we can take this incrementally.

simply addresses our first step of offering the property for lease and being clear what that is and what would be acceptable to the police department. go out to the community, and see what we get. if that pans out, terrific and we have a clear understanding. before we take next steps on disposal, we look at a different document that addresses that and seek board of supervisors input. the chief and i are not empowered to trump and existing ordinance which tells us where funds moscow and we need to seek that policy decision from the board. -- where funds must go and we need to seek that policy decision from the board. >> you were accurate in those other stations are no better shape than the old bayview station. i think the point does need to be made. there are -- i do not know what there are -- i do not know what the amount of dollars in