law in boston, where she obtained her dress doctor, and from the university of puget sound, where she got a degree in sociology -- where she obtained her j.d. she is a licensed private investigator and a member of the state bar. president mazzucco: welcome. >> now moving to the complete activity in 2011. from january 1 to december 31, 2011, we had 70 fewer or 8% less cases that were opened in 2011. the number of complaints filed with the occ was the lowest number filed annually according to the occ database, which tracks cases filed since 1986.

the 784 open occ cases represents a 19% deviation from the 19-year average of those opened annually, which is 973 cases. it is, again, 8% fewer than the prior year. in 2011, occ investigators closed more cases than they opened. this exceeds open cases by 62. the 19-year average of closed cases is 954. during this 19-year period, the occ as only close more cases than it opened 32% of the time -- has only closed more cases than it opened 32% of the time. the officer participation rate remained high, 92%. the ocxc -- occ had 7% of the

cases closed that were sustained. in 2010, the sustained rate was 10%. currently, we have 367 pending cases. we have opened three cases this year. the pending cases that we have include 363 cases from last year and one from 2010. our 2010 case is an officer- involved shooting investigation, where the statute of limitations -- we expect to close the case this month. as i indicated at the beginning of this report, you will receive a detailed written report in the form of our annual report in february, and that includes a report for this evening. president mazzucco: thank you very much, director. the good news is you have a new

investigator, so thank you. >> we are very excited to have number 16 for the occ. at one time, we had a high of 17 investigators, but 16 investigators in this economic climate is great. president mazzucco: commissioners, any questions for the director? secretary lt. falvey: item 4c, first the commission president's report, followed by the commissioners. president mazzucco: we started off on december 12 at the temple. there was a ceremony for members of the police department recently promoted. several members of the command staff, which were seven, officially sworn in with their families present. there were four captains sworn in and 24 sergeants and others.

as many say, the sergeants are the lifeline of this department. congratulations to all of them. mayor lee spoke at the ceremony, and, again, thank you, chief, for speaking. we had the matter of valor ceremony that was attended by the commissioners -- there was the medal of valor ceremony. for their duty above and beyond the call of duty, so i just want to briefly name them in the record for those who got the medal of valor. we will start for the syllable -- with the silver medal. the bronze. some others, including charles august. we want to congratulate them for their valor, and we want to offend the chief for putting this forward. the new campus down by the ballpark. again, it was great to see

officers and their families. it was amazing. i think for the first time, their families realize what they had done to get the award, and it was a proud day for them. moving on to december 16, i had the pleasure of meeting with mayor lee and others to discuss the budget for fiscal years 2012 and 2013. with the change in the proposition, we now do a two- year budget. the mayor was very gracious and straightforward, and as you know -- we have a 5% budget reductions and a 2.5% contingency. that is what the mayor is looking like -- looking at. a deficit this year and thereafter, but there was some good news on the financial front.

the city brought in a new of employer that will bring in jobs. the major shared that with us. the mayor -- the mayor shared that with us. unemployment is down to 7.8%, which is a significant drop. that is some good news, and hopefully that translates into better budgets for the occ and the police department. following that meeting, there was a press conference regarding the officer-involved shooting in northern, which i attended with the chief. again, it is about transparency. the chief shared with them some information, in how the family was actually concerned about the well-being of the officers. it is a tragedy than for them and the officers, but, again, chief, thank you for your

transparency and for sharing that with the community. and last but not least, i attended the 21st or 22nd memorial, which was the fifth- year anniversary of the death of an officer who died while chasing a parolee, who was shot in a gunbattle. his family works for the police department. his wife is a police officer. this will be the last year of this ceremony, but it was a first-class ceremony. thank you, sergeant, for putting this together. the honor guard and all of the men and women who put that together. it was a cold night. in march. he was an exceptional young man who gave his life. it was an honor to be present for that. it has been a busy time for the commission, although we have not been at the wednesday meetings. there is a lot of good news in these events that took place,

and, again, i also want to thank the mayor. he was really forthright, and he is going to work with us on the budget. commissioners? dr. marshall? supervisor avalos: -- vice president marshall: i just want to again say, just hearing the numbers from the department, during the numbers from the occ, not that we know why, but when the numbers are higher, people will say something. i just want to say that the coordinated efforts of the department and the occ to work on these issues seems to be bearing fruit, again giving credit to the citizens of san francisco and also the efforts of the commission. we do not talk much about what we do, but the reduced caseload is just an amazing thing, down

to where we are now from where we were. homicides, they were up there, so to get these numbers down, i just want to say thanks to everyone in the coordinated efforts to do our respective jobs as best as we can. it does not mean it cannot get better, and it does not mean -- but i think that the hard work of everybody is being borne out in these numbers that we see, and i do not think anyone should take their foot off of the throttle, because when you do that, things go back up. a good year, and let's continue to do it in 2012. president mazzucco: commissioners, anything else? thank you. could you please call line-item 4d. secretary lt. falvey: item 4d, items to be considered for future commission meetings.

commissioner: you make it look very good, so i appreciate that. i want to talk about the budget. i know we want to give more advance notice. last year, i think we were way after the fact. we have talked about this before, but already on our schedule for january or february or if we have to set a date for that? president mazzucco: there will be an update in march, so that update probably reflects some new revenue streams, hopefully, but as the mayor said, there is some concern about where the money would be coming from outside of the city, so there will be adopted, and i think i

should turn to the chief on this because there are some changes in our world. maybe you can discuss those. >> one director has decided to work for the board of supervisors, so she told us rather unexpectedly 10 days ago. thankfully, captain john goldberg, who managed the budget for years when it was a sworn position, has not rode off into the sunset yet, although he will in june, so he, along with a new hire that took the director's old position -- and i met today with the mayor's office, and they asked me to give them a five-year hiring plans to offset the departures of the nearly 400 officers that may or may not leave at the current contract, so i will be giving them that,

but as you say correctly, you know, the going away of the redevelopment agency along with many other things that are happening in the state will well impact the city budget, and as we put it together, the discretionary part of our budget is very, very strong in proportion to the costs, which will also be affected by the five-year hiring plan, but we will have that by the end of january. commissioner: when would be a good time to schedule the budget presentation to the commission? we normally have one, but we had it pretty late in the game. >> may be the first week in march. president mazzucco: let's do that. commissioner: ok. president mazzucco: commissioner kingsley? commissioner kingsley: i will

defer to the other commissioners and the chief and a director, but it was my understanding when we met in december that we were going to start talking about the budget, and i thought that we have tentatively scheduled a day for a preliminary a look at the budget with the occ for some time this month. did we not do that? >> the cief announced the departure of one person -- the chief announced the departure of one person -- commissioner kingsley: with the other commissioners and others find it useful for an earlier dialogue, earlier than march, to talk about the various aspects of the budget and get an allover better feel for the components of the budget?

>> i am happy to do an overview percentage wise of where our current budget is. presidential elections are not light on the overtime budget either, depending on how acrimonious the demonstrations might be leading up to that, so absent something unforeseen, as occupy was, the lean budget that remains going out for the next six months -- i can give you a state of the state on the budget, if you will. >> commissioners, under the charter, the commission is required to approve. i think historically, the mayor

has asked departments to submit their budget by the end of february or early march, so traditionally, this is not how you have to do it. i believe the department has seen the budget the department intends to submit to the mayor, and that is what the commission has reviewed and approved prior to the submission by the department and they -- and the occ. submission by the department. commissioner kingsley: thank you for that information, ms. p orter. what is a realistic date? the last week in january? would that work? >> commissioner kingsley, i thought we would present reports this evening, so i did, in fact, prepare a report i submitted to the police commission last week for this week's agenda, but i

was a advised that it had been put over to next week, and, again, as the chief said, these are rather rudimentary budgets, but the way i prepared the report, and i will be doing some revisions to it, i indicated what our target was, because the department had provided their target, which was 5% for each year, as well as a 1% staff reduction per year for five years, so 5% staff reduction, and in that report, i did point out what little discretionary money the occ had, which means that any cuts had to come from

personnel, because there is nothing else to cut other than personnel, and the positions are filled, so it would require layoffs, and as the deputy city attorney porter indicated, it has been in the past that before they submitted their budgets to the controller, the police commission has a look, and i cannot remember off of the top of my head, but i think the latest that we have submitted has been in february. probably the latest, mid february. president mazzucco: so what we should do is submit this earlier. i agree with commissioner kingsley. we could move forward with the occ presentation. >> did you speak up, please?

-- could you speak up, please? president mazzucco: this would give us time. commissioners, the second week in february for the police department, and in the next weeks for the occ? >> is there a date? >> i think the departments would know that. >> as long as the second week of figurines is before it is submitted. -- the second week of february is before it is submitted. >> i am happy to look and that and see. individuals may be can get that information. president mazzucco: in the event that we have to expedite back --

back, -- that, it is human resources, not buildings, so we have to look at that. commissioners, anything further? great. any public comment? any public comment? that is what i said, public comment. secretary lt. falvey: public comment on items 4 a, b, c, and d. >> i would just like to comment on items for future commission meetings. we have items related to donations, the amount of police in golden gate park, and also a resolution to upgrade the

maritime police force. making a boat not bulletproof but explosion proof. i have not gotten any accountability relative to the grant that was given to them 15 years ago or accountability of where the money went, and two, i did my own inventory on what was bought. they have half of that still in their supply, and half of those are not new. there is no accountability. coming back to the maritime situation, i am out on the bay almost every day. i watched the coast guard and the homeland security and the

sfpd just crews back and forth. it seems that we have an oversupply. i am not saying they do not do anything, but now we want to spend money to make them explosion proof. i do not know if that is needed, and we still have a budget in this city which is going to be three times the deficit of last year, and i think that this should be taken into consideration with this commission that costs should be controlled. even in the police department. we still have an exploding pension situation, things that are not necessary, and i am going to get a copy of the police chairman mirkarimi that mr. hennessy never gave me relative for the cost of tasers

that we have yet to what that that will come up again this year, so i just want to bring up to this commission that there are a lot of costs that should be talked about and not just rubberstamp and saying it is ok -- not just rubber-stamped. where is the money? i think you for your time. president mazzucco: thank you. anymore public comment on line items -- anymor more public, and online items 4 a, b, c, d? seeing none, next item. secretary lt. falvey: item number five, a discussion and possible action to recommend

that the board of supervisors adopt resolution authorizing the chief of police to retroactively accept and expend $73,000. this is an action item. president mazzucco: this does patrol the bay. it is homeland security issues. there is a lot you are doing out there with the coast guard, so briefly. >> i would just touch briefly on what we turn in annually, as we have done for the past couple of years, to ask for this grant, specifically, and listed in there are some of the duties that we do take upon us, including a seven-day-week patrol. we are responsible for boating safety enforcement, including search and rescue and recovery of drowned bodies.

regulating the boating activities and inspecting of the boats in the marinas. accidents. the supervision of organized water events, and there are more recent events permits issued here than anywhere else. we do underwater inspection of international movement cargo ships. we operate with another division on doing underwater hazards devise mitigation, underwater evidence recovery, part of the u.s. coast guard operation and infrastructure patrols, escorts of high-interest vessels, including cruise ships that come into port in san francisco, mitigation, and we also operate as a national -- natural disaster platform. we do where a lot of hats. we do perform many duties out

there on the bay in addition to standard patrol. although there is seen to be an overlap with the others that operate in the county waters, we are specifically focused on enforcing a state and local laws, which are not the responsibility or focus of the federal government or the u.s. coast guard. president mazzucco: thank you, sargeant. i did not plan to have you talk about that, but i think it is good for us that people to hear. >> the america's cup trials and and the rays, which raised -- the america's cup trials and the race, it is over sometime, and these guys do a great job. president mazzucco: anything

before the commission votes on this? hearing none, all in favor? thanks very much, sargeant. your explanation was great. secretary lt. falvey: item 6, a discussion and possible action to accept, reject, or take other action on the proposed stipulated disposition of disciplinary charges filed against assistant patrol special officer ernest tachihara. president mazzucco: this is for commissioner kingsley, so i will turn over the gavel to commissioner kingsley. commissioner kingsley: good evening. would you kindly for the record make your appearances? >> appearing on behalf of the san francisco police department. >> officer tachihara, star

number -- commissioner kingsley: a number of commissioners wanted to see a stipulated agreement or see if it was possible, and we understood that there had been two attempts previously that did not work out, and i understand that something was written, but none of us have seen a document signed yet by assistant patrol special officer tachihara. >> we came to an agreement with officer tachihara, and i mailed back to the officer and others. i spoke with a special patrol officer yesterday, and he had a question regarding the

termination being held in abeyance, and so he indicated that he wanted to post those -- pose those questions to the commission. we are just waiting for the assistant patrol special officer tachihara's signed paper. commissioner kingsley: what we did not have was his signature. >> it was my understanding he had one question. commissioner kingsley: thank you. assisted latroy special officer -- assistant patrol special officer tachihara. >> this was in abeyance. only one charged. number one, which i have admitted far, and i just think that that -- which i have admitted fault.

for three years. as far as the other penalty, the suspension and the remainder held in abeyance, that is perfectly acceptable, and i just want to question whether that was -- commissioner kingsley: chief, did you have a comment? >> yes. the agreement that we struck is that your position, the things as alleged, would never happen again, so we believed if they did not happen in three years, that would be good enough. >> the reason i brought this up is that i was led to believe that anything that happens to me, if it is only in reference to the existing charges, then i agree with it, and the other item is, and i bring in that now because i talked to the attorney, the suspension.