traffic stop data. those are added allegations. and so it's hard to know how many officers are failing to collect traffic stop data unless there's a department database that could provide us that information, number of traffic stops, if the traffic stop data there. >> president mazzucco: okay. >> i have one other question. perhaps this is for director hicks or chief suhr. on the case where a -- there was failure to investigate a crime and prepare an incident report, what was the nature of this case? >> commissioner kingsley, i get very limited information because this is police officer discipline so as much information as i've given will protect the officer's identity.

>> commissioner kingsley: so my concern here, the question really, the follow-up question is, if it was followed up, if when it came to our attention that had there wasn't an investigation or incident report, was the nature of the crime such that there could be follow-up -- >> absolutely. >> commissioner kingsley: okay. so another officer stepped in -- >> yes. >> commissioner kingsley: and that person was attended to. >> yes. >> commissioner kingsley: good. that was where i was going with that. thank you both very much. >> president mazzucco: commissioner loftus. >> thank you, president mazzucco. director hicks, i just, again, i feel like we do this a lot with you but it's important to thank you for how comprehensive and your staff for how comprehensive this data is because i think it shows -- in diagnosing prbles and where things -- problems and where things are working. and i think it's really important that it's coming from you all and not from the chief.

because i do think, seeing the high level of community outreach you do to make sure that people all across the city know how to make a complaint, and then the quality of investigators you have, to see a drop in a year from 8% sustained rate to 6% sustained rate is definitely going in the right direction. so i think it's something i want to commend the chief for and your leadership. would that be you or chief for the whole calendar year 2012, is that right? >> yes. >> give them a whole year. >> i think the officers get the credit. they do the work and i think that they are the ladies and gentlemen that we want them to be. >> commissionebe. >> great. your leadership helps. good job. the other thing i wanted to note, when we talk about this a lot of the allegations sort of sounded harsh. and i also just want to point out when i look at the findings for 2012, so far for the first

three quarters there were no unnecessary force allegations sustained in 2012 which i also thank -- i want to commend you chief because obviously that's a training, a leadership, hiring, putting people in the right spots and keeping that number where it is, i think is something that is really significant and important. so i want to commend you for that. >> you're welcome, commissioner loftus. >> president mazzucco: anything further for director hicks? thank you very much, director. >> you're welcome, president mazzucco. there is a second report, and that was -- it will be brief. it is the monthly comprehensive statistical report and companion reports for the period january 1, 2012 through november 30, 2012, and for comparison purposes, the same period in 2011. you have the materials in your packet.

i will not address the numbers for the monthly summaries of complaints or mediations, but i will talk about the adjudication of sustained complaints from november 1, 2012 through november 30, 2012. between november 1, 2012 and november 30, chief suhr, adjudicated five cases investigated by the occ and determined by me to have sustainable allegations. chief suffer made findings and imposed discipline as follows. negativneglect of duty for failo collect traffic duty. an inspector was discourteous and used profane language. the inspector was admonished. officer failed to investigate a crime and prepare an incident report. the officer was suspended. on -- discredit, an officer told

complainant during a traffic stop if the complainant said one more word the officer would have the complainant's license revoked. the -- did not sustain a complaint. there was a significant period of time between when the complainant filed the complaint and when the incident allegedly occurred. neglective duty for failure to traffic data and the officer was admonished. that concludes my report. >> president mazzucco: thank you again for all your hard work. >> you're welcome. >> president mazzucco: call line item 4. >> the clerk: commission reports and discussion, commission president's report and commissioners' reports. >> president mazzucco: i want to welcome the chief to the commission tonight. i know you were down the hall in another commission. >> i apologize but chief zirpman we work very closely with them on all the ipo violence

reduction strategies and he's making a evening presentation os probation officers go through with regard to some of the fire power that the juveniles and newly paroled juveniles will be bringing out. they give us such support that we needed to just thank them. so that was as soon as my piece was over i made the commute two doors down. >> president mazzucco: we had a great report from deputy chief biel but one thing left out i think there was announcement regarding promotions that took place over the holiday and retirement. >> we did. he has, after almost 32 years with the police department, he was terrific. chief dudley retired yesterday. his last official day with the department will be friday. there will be some jocking around in the meantime.

we had had some officers in acting capacities, since the start of the fiscal year, the mayor's office was able to clear those requisitions so we are full staffed at the position of captain. eight captains were promoted. we are now full staffed at lieutenant. 15 lieu tenants were promoted and 25 sergeants were promoted which are field supervisors which is key to the commission that we have good ratios with regard to command and control. and then we will be certifying a new sergeants' list probably by early february, and then hope that will be a working list for i believe three years going forward. >> president mazzucco: great. i want to thank you. i was at deputy chief dudley's retirement yesterday and he's given 32 years to the city. he will be a proffer professor t san francisco state.

he was there with his wife and two sons. his wife is a physician in the city and it was a nice event, very well done. >> thank you for being there. >> president mazzucco: commissioner loftus. >> are we doing reports? >> president mazzucco: yes. i want to catch up with the chief. with reference to our reports, dr. marshall -- >> vice president marshall: no. >> president mazzucco: during the break i stayed this contact with the chief about the issues coming up and the events. i attended a crisis intervention team meeting with commissioner chan and our through commander assigned is commander korea, did an excellent job, retirement of chief dudley. that's about all i have to report. dr. marshall, you want to say something? >> vice president marshall: real quick i want to thank you for your acknowledgement for my going to washington friday to talk on this issue of gun violence. i mean i tell you, when i got the invitation, i was stunned. i said is this real?

is this is not from the white house. you got to read it like eight times. and especially to be able to lend my voice on the hot button issue of the times, obviously. it's all over the news. certainly -- is in everybody's mind and more importantly this is what i've been doing all my life. so i will be able to talk about what we've been able to do, to stem that tide, just in the small constituency that i work with. but i'm not only representing the kids and the young people i work with, but, you know, my radio people that listen on the radio, and certainly, you know, city and county of san francisco. i remember the city family -- i'm a member of the city family and the commission. i'll do my best. if there's anything that you want me to take with me from you, commissioner mazzucco has weighed in and given me his thoughts. i will gladly take them and give you a report and well see how

this fits into the overall picture that they're drafting out of washington, d.c. secondly let me mention, i think the commissioner's got this information about the gun by-back in more-in. it will occur on january 15, looks like twice, and january 21. they picked january 15 i think obviously because it's the birthday of dr. martin luther king, jr., we remember who was killed by an act of gun violence. so they're giving $200 out per gun. they have some other stipulations here. and just one more thing. it says the county has contributed $10,000 from its trust fund, and there's

additional money. it's like an ongoing thing with them. but particularly because it's opening to residents of san francisco county and i can't help but think all of this was sparked by our own gun buy-back program. we have something rolling and looks like other focuses will pick up on it. and furthermore i will just say this. in the spirit of the cooperation that was done with the gun buy-back in december between -- or a month, the programs, the community programs in san francisco and oakland and the departments in san francisco and oakland, i think we should continue that spirit, because guns travel. so we can get the word out about this one also to the citizens of san francisco, and to everybody, i think maybe we can get some more guns out of the hands of people. so i just want to mention that. thank you. >> president mazzucco: thank you. earlier we're very proud of what you're doing. dr. marshall i've worked with for four and a half years.

he generally doesn't get too excited. he called this afternoon and said i got an e-mail from the white house. i've got to leave early tonight. thanks for listening to my opinion. anybody else, i'll take it. commissioners, anything further? commissioner loftus. >> thank you, president mazzucco, and go get 'em. okay. i, on behalf of my fellow commissioners, turman and chan would like to again announce the schedule of community meetings for the electronic control weapon/taser for everybody. i know we've gotten dinged sometimes for calling it what it's not. it's taser meetings is the common word and parlance i guess. we're having meetings across the city to hear from community members about the chief's proposal and the department's proposal to arm the cit officers with tasers. and we want to hear from community members. there's a lot of strong

feelings, and we're reaching out, going into different neighborhoods to make sure we get a broad swath and the department is reaching out to the neighborhoods and groups to make sure people know. i know there are folks here who care deeply about this. january 22 at the recreation center at 1900 geary, there's a note that says spanish which makes me think we will have spanish language access there. see how i figured that out on my own? >> good job, commissioner. >> thank you. february 4th, 2013, from 6:00 to 8:00 at 2815 19th avenue and february 11 from 6:00 to 8:00 at bayview opera house, 4705 third street. those are dates and times. these are available on the website? okay. inspector monroe. anything else, my fellow commissioners want to say about those meetings, other than to

invite people to participate? okay. that's all. and then i was -- i want to commend commissioner chan, the occ deputy chief biel. we did do a language access. i was able to come to a meeting that has been going on for years with the work before you were even on the commission of improving language access. i'm really excited i think as a result of the joint meeting that we had, there are some holes in the system that i think everybody together wants to fix so that limited language access folks aren't getting swept up unnecessarily. i think there's some exciting training issues that the department is embracing and the advocates have been pushing for. that was a great meeting and i look forward to more of them. but great work. >> president mazzucco: thank you. please call line item c for future of commissioner meetings. >> the clerk: schedule of items identified for consideration at future commission meetings, action. >> president mazzucco:

inspector monroe, we do have -- do we have director giffin from our i.t. department, we have the presentation ready to discuss the new statistics with reference to the crime data and those being arrested? >> correct. >> president mazzucco: when is that? >> january 23. >> president mazzucco: i'd like to know if we can schedule an update with our behavioral sciences unit. i know that we've had -- they came before us. i know the chief has augmented that unite significantly. but we want to hear from them and see how things are going. i know we've had some issues within the department recently and we want to address that. >> also dr. gayle martin will be 7 and at scottish rights temple on february 8. he gives a fabulous case on suicide prevention and the stresses on law enforcement. >> president mazzucco: we did receive that e-mail today and it's open to the commissioners if you want to attend. we had a very good meeting with

mary dunnigan's group and if we can have kelly dunn present. these are issues that involved the community and the department so i would like an update on that. >> i second that getting an update from the behavioral science unit because i remember last year we worked on this and we had a couple of recommendations. the chief was very supportive and i'm curious about how all of the recommendations have panned out, how it's been implemented. i definitely feel very sad for the officers who passed away just last month or so. so i think we need to continue to refocus on this issue because officers deal with a lot of trauma in the work they do and we need to stay on top of addressing this and giving them services that they need and deserve. definitely want to hear back where that is. presentation last year. i dropped it. i think i saw maybe 50 or so officers there. he did a great job.

he was a former officer himself. very active. he's not just lecturing at officers, he's on his feet, giving hypotheticals and talking about wear and tear on officers' mind and body in doing the work especially for their whole career. so i hope to see lots of officers at these two -- looks like two or three sessions, and scottish right. and i really encourage the commissioners to just drop by. i think it's like a half day presentation. so if you can stop by for half an hour or so it's great to see the officers there. i think family members are encouraged to attend also because it impacts them also. so really great that's happening. also wanted to follow up on the department general order 5.05 pursuit driving. i think we've been sitting on this for quite some time it's probably time to look at this dgo and start approving it or disapproving it so i'm wondering for the department how much time is8 office needs to look at it or if

we can calendar it for february? >> that will be fine and i will schedule a meet and confer with the poa along the way. >> commissioner chan: so the beginning of february, end of february? >> if the commission would allow the end of february gives me a little more time but i think we would have a date in ink. >> commissioner chan: so i'm going to suggest a tentative date of february 20th if that works for you chief because it's our third wednesday in the month of february, the fourth is usually for community meetings so i think that would be a good date. so february 20. does that work, inspector, for our calendars? >> yes. make sure we don't have a discipline 'case. because it is the third wednesday. i don't think we do. we haven't lately but that's the one we would reserve. >> commissioner chan: great. so looks like we have february 20th&5( 2/ then for dgo0.05 purt driving.

want to check in about having the presentation about the firearms discharge review process and officer involved review shooting process. i think we want -- is it next week? no. january 23rd if possible. >> we can do the 30th for firearms discharge review if you want. >> commissioner chan: are we having a community meeting? >> not this month. i spoke with president mazzucco and because of the promotions of the new captains and shuffling around of the new captains, northern was scheduled for 24 month but there's a new captain and we didn't want to drop a new load on him but february is a go. you're interested in getting to bayview station so let me know and we can go there in february if you like. >> commissioner chan: so looks like this presentation about the firearms discharge review board

shooting process which is education for the commission as well as the community, we're c%( kw 30th. >> commissioner chan: thank you. maybe we should talk about community meetings and where we want to have them. in january we can start sketching where we want to have them ahead of time. in the bayview or northern in february the last wednesday of february? >> commissioners, i'll leave that up to you. northern is next in order and we heard concern about the bayview. i don't know when we were last in bayview. >> commissioner chan: i keep bringing that up but i don't want to upset the cap apple car. we can talk about db anywhere but that incident particular -- >> president mazzucco: we have some time. we'll talk to inspector monroe and figure out what's next in line and work it at our next meeting and come up with a more firm protocol for the next three meetings. >> okay. >> president mazzucco: anything else? commissioner dejesus? you're off.

ladies and gentlemen, it's time for public comment regarding line items 4(a), b, c, d. hearing none, public comment is now closed. please call item 5. come forward. >> commissioners, if i might interrupt for a second. just to let the public know next wednesday on the 16th we will not be having a meeting and will be back in city hall on the 23rd. >> president mazzucco: sorry about that. i department see you get up. >> good evening. i know that we're not supposed to ask question within this format but i wonder if the committee could, at some point, director hicks, get some figures around racially biased policing for the two years, 2011 and 2012, how many cases and how many was -- if that could be made available to the community. thank you. >> president mazzucco: thank you very much.

anything further? how are you? happyrhpá new year. >> happy new year. i just had a quick question, clarification. i know this is not necessarily q/a period but the discussion of the proposed changekj.ñ that pg5 being referenced i want a little bit of clarification on what that proposal is. >> it's our pursuit policy, it's driving. >> pursuit policy? thank you. >> president mazzucco: thank you. anything further? >> i didn't mean to. >> president mazzucco: that's fine. you're on top of it. nothing further, public comment is now closed. please call line item 5. >> the clerk: discussion and possible action to appoint moises romero as patrol officer calvin wily, action. >> president mazzucco: you have in your packet the information regarding the appointment of moises romero as

assistant special patrol officer. as stated last time that are some restraints about what we can ask or what we can do in open. there are still -- even those these are patrol special officers they're not considered peace officers, they still have privacy rights. they're attached to the packet, everything from social security numbers, reports, information that anybody would be entitled to in the employment world. so i will admonish you about your questions. if you think your question may be problematic, please consult with the city attorney who's present with us. ms. katie porter is present. both matters were on previously for appointment and there were questions regarding information in the packet. we asked that the sergeant do additional research and he has done so and he can respond to any questions. so the first one is for officer moises romero who would be appointed an assistant special patrol officer for calvin wily

who is present this evening. >> thank you for the follow-up work and the applicant for responding to your questions. i heard that they were quite responsive which is great. i still have concerns about a couple of things. and i'm going to watch the city attorney to make sure i don't step out of bounds and definitely follow in what is needed. but it looks like there was a temporary restraining order and it did not result in a permanent restraining order but i am concerned about some things that were alleged to have been said by this applicant. i wanted to ask the applicant whether or not he said these things and i'm going to look at the city attorney to see if so that's one thing i have. another piece is there is mention -- seems like there's a question about whether or not this applicant resigned from the

broadmore police department because he was forced to resign or voluntarily resigned on his own. there is conflicting information it. i understand that the applicant suggested that chief gregg love could be contacted to confirm the way inu%(zñ which he resignd i wanted to see if that happened at all. >> first of all, good evening,7 commissioners and chief, director hirks. regarding the resignation, i believe he did it willingly. i mean the applicant is here and can confirm that if he's willing to speak. i did ask him about that and he told me is he did resign from my conversation with him on his own. i didn't follow up with the chief from that department. i just based on what the to me in contact with the private investigator who did the background on him. and i used those to confirm what he stated. >> commissioner chan: thank you.

>> any other questions? i think we will see if you have a question for the ser jantd and move to asking the applicant questions if the applicant wants to answer them directly. >> president mazzucco: sergeant, the applicant is currently employed with department of homeland security in another position, is that correct? >> yes. >> president mazzucco: is that a position where he carries a firearm? >> yes. >> president mazzucco: did he go through a full background check for that. >> i believe so. i spoke to him about it as well as the private investigator who did the background on him. >> president mazzucco: commissioners, any further questions? >> vice president marshall: if i read this correctly, based on your i guess research and the answers it says here the department is recommending, is that correct? >> yes. >> vice president marshall: that's what it says here. okay. >> so if there aren't further questions for the sergeant i wanted to ask if the applicant, mr. romero could come up and ask

your permission to ask you these questions and of course you can say no. >>7ljç yes, the applicant does t have to disclose this information publicly, as we've discussedjpp÷ before, the application file and the background information in it is confidential. and that's not -- the record but it's the content of the information. so that's why we had gone to this paper follow-up process. i'm a little concerned. we've already talked about some of the information that's in the file, which the record is confidential. and that information is confidential as well. so it's up to the applicant to decide, if he's willing to share some of this. but if he doesn't want to i think we should continue with the written process so those records and that information can be retained as confidential. >> ms. porter, would it be possible to continue it in a closed session so that the questions could be asked directly that are relating to the employment? >> unfortunately there's not a

legal basis for closed session, under the brown act. but there is a legal basis for the records to be confidential and the information in them to be confidential. so it really does make it largely a paper-driven process as far as what the commission can discuss publicly. but the commission is entitled to see the records and the information but those don't become public by virtue of that process because records are otherwise exempt. done. we've got questions and we've got answers. >> the continuance before was for the questions and concerns the commissioners had to be posed, and for the applicants to provide a response to those. so the hope was that that was going to satisfy the commissioners and avoid the need to discuss those topics in the public meeting. >> i don't know. i don't think that's right. >> i don't know if you can ask

them privately. >> i'm a little -- >> the other point is all the commissioners are supposed to have access to the same universe of information, which was also why we had the questions and responses in writing. >> president mazzucco: what i think we should probably do, obviously it's up to mr. romero if he wants to talk about these issues in public or should we continue this matter two weeks. because i have one question i think that needs to be answered. and if mr. romero is working for homeland security, there is generally severe prohibitions regarding secondary employment when you work for a federal law enforcement agency. so i think we need to figure out if that's an obstacle too. mydqjzxñ suggestion is to contie this matter for two weeks. i apologize. these are questions that need to be asked and unf