members of the audience. commissioners, you have in your packet the occ third quarter 2012 report. that's the report that covers the period july 1, 2012 through september 30, 2012. that quarter, the occ received an adjusted total of 186 complaints of police misconduct or failure to perform a duty. and we closed 203 complaints. the occ sustained allegations of misconduct or for failure to take action and 13 complaints against san francisco police officers. that's a 6% sustained rate. the occ's mediation rate was 6% also. it mediated 12 cases during that quarter. the staffing at occ remains stable. during the third quarter there were 15 journey level investigators. one had just completed

probation. we're now in the process of filling two journey level investigator vacancies. in the level of training occ continued its strategic plan for training its employees. and san francisco lt. carl fabry and the violence reduction team concentrated on their work for the investigators. all occ staff viewed screening of the documentary film after innocence, that documents lives of exonerated innocent men wrongfully imprisoned for decades and released after dna proved their innocence. one was a police officer. in the area of investigation of cases the occ's case inventory, at the end of the 2012 third quarter, was that up to that point the occ had opened 581 new cases with an adjusted total of

557 new cases, and adjusted total means that merged cases and voided cases are taken out of the number. and the occ also closed 629 cases. during that period, the occ closed 48 more cases than it opened. and we closed the quarter with 316 pending cases. that's 114 less pending cases in the close of the third quarter in 2011. by the end of the 2012-third quarter there were 15 pending cases for 2011 and -- for 2012. in looking at the case loads, the case closure statistics shows -- of having more investigators, lower case loads resulted as well as more timely closures. during the third quarter the occ was staffed with 14 fully trained investigators and the the one investigator who just

completed probation for a total of 15. the average case load was 21 cases. however, during the second quarter of 2012, the occ had 15 fully trained investigators in an average case load of 19 cases per investigator. so it's kind of going up and down between 19 and 21. still much lower than when i started at the occ. occ director five years ago when case loads exceeded 30 and some were up to 40 or more. during the third quarter of 2011, the year before, the occ had 12 investigators with an average case load of 35 cases. so there's a real difference between 2011 and 2012. occ investigators closed 203 cases in the third quarter 2012. 83% of those cases were closed within nine months and only one case took more than a year to close but that was not a sustainable case that's a marked

improvement over third quarter 2011 when of the 202 cases that closed, only 62% of them were closed within nine months. and 5% of them took more than a year to close. again those ones that took more than a year to close were not discipline cases. in the third quarter of 2011 and 2012, none of the cases took more than one year to close had sustainable allegations. quickly moving to sustained cases, the percentage of sustained cases was lower than in the third quarter of 2012 compared to 2011. as i stated earlier 6% sustained rate compared to an 8% sustained rate, 6% in 2012, 8% 2011. in the third quarter 2012occ sustained allegations in 13 cases. the number of days to close decreased in the third quarter of 2012 compared to the third quarter of 2011. 54% of the sustained cases were completed within nine months in

the third quarter of 2012 during the same period in 2011 only 32 were completed within nine months all were completed within 365 days. there continue to be impediments to the prompt completion of sustained cases. still larger than best practices case loads. active trial calendars for the prosecuting attorneys who also serve as advice attorneys on sustained cases and sustainability reviews, although the prosecuting attorneys, as you all know from your cases, don't have the trials that they had five years ago. they are still doing other legal work in the office. and then there's increased policy work for the policy analysts who also serve as advice attorney on sustain cases and sustainability reviews. during the third quarter of 2012 sustainesustained allegations of neglected duty in 12 and

unfortunately five complaints were for sustainable allegation for failure to collect traffic stop data. it's a significant departure from the the improvement in the second quarter when only one or 8% of the 11 cases had neglect of duty allegation for failure to collect traffic stop data. as stated before though chief sir, who is now walking into the room does impose progress discipline for failure to get traffic stop data and it generally begins with admonishment but repeated offenses chief has recommended and the occ has prepared charges on his behalf to file charges with the police commission for the serious offenders. moving on to complaints of note, occupy sf generated 10 complaints from 22 complainants

in 2011 and those complaints were still being investigated in 2012. an additional complaint was filed in 2012 during the first quarter but was mediated during that quarter. allegations include unnecessary force, failure to provide medical attention, unwarranted seizure of property, doj first amendment guideline, issuing invalid orders, unwarranted handcuffing, citation and arrest, selective enforcement. in 2011, complaints were closed one with proper findings and the other with a not sustained finding and a proper conduct finding. as irt third quarter eight complaints remain under investigation and those were merged into only three complaints that were still under investigation during the third quarter. moving to single room occupancy hotels, 2011, three complaints were filed involving multiple officers regarding unlawful entry and searches of single

occupancy hotels. other allegations included unlawful search of purses, unlawful detention and unlawful arrest. failure to properly process property, allegations of theft of property including laptops and cameras, failure to investigate, failure to supervise inappropriate behavior. these cases remain in occ's inventory. they're on hold as other government agencies investigate those allegations. during the third quarter, one complaint was filed in an officer-involved shooting. it did not involve death of a suspect. during the third quarter we had five shooting cases resulting in a death of a suspect. the illegal unit, two trial attorney and policy analyst during the third quarter edited sustained reports after the matter had been investigated deemed sustainable. during the third quarter the legal unit revised and submitted

13 sustained reports each of which involved multiple allegations. in the area of mediation the occ completed 15 mediations in the third quarter as compared to 2011 third dewater. by the end of the third quarter 48 cases as compared to 45 in 2011. the officers offered mediation complainants accepted mediation. in september the san francisco giants in partnership with the san francisco police officers community board saluted bay area volunteer at the september 22 game and tomas -- a veteran occ mediator represented the program in a ceremony at home plate. during the third quarter occ engaged in several outreach activities and those are outlined in the report. in the area of policy analysis,

the occ met with the police department to address policy recommendations arising from occ's investigation of unnecessary force complaint regarding a developmentally ill individual resulting in discussions of two department bulletins 12-1.2 using pass keys to enter single occupancy hotels unless requirements are fulfilled. 1.45, criminal or administrative investigation from talking to witnesses or victims. occ in this area policy analysis continue this language access work with the department and community stakeholders to address concerns that domestic violence victims raised during this commission's hrgss on 2012. occ is working on several

projects including a roll call video training that will address language barriers and dominant aggressivor issues in domestic violence. as i understand commissioner loftus participated in the recent meeting on that. occ is working with the department to improve report taking procedures of limited english victims at district stations. last, during the third quarter, the occ met with the department to finalize revision pursuing policy dgo5.5. that concludes my third quarter statistical report. in a matter of weeks i will provide you with the occ's annual report. >> president mazzucco: thank you, director hicks, for your hard work and hard work of your staff. i'm glad to see that mediation is working, participation rate is up, the mediation rate is up. and i'm glad we did one of the mediation in one of the occupy cases so that's commendable. i want to thank you for your

hard work this year, and especially your staff. >> thank you very much. >> president mazzucco: >> commissioner chan: i wanted to talk about page 5, involving an officer who is required to give a complaint in a do domestc violence referral card looks like the officer received reprimand and was admonished. i wanted to ask if there's anything else that came from it, if there was any training? i think i might have seen a department bulletin that came from this. i wanted to see what came out of it outside of dealing with handing out domestic violence card. >> whenever we have something like that i reissue whatever the pertinent bulletin is so that everybody, regardless of whether there was any fault, other than on the particular officer where

the finding just as all the officers get a refresher. >> commissioner chan: thank you. and then lastly on page 9 of the report i just mentioned that the occ met with the department to finalize revision of the pursuit policy dodge 505. we've been batting this around for some time. i'm trying to remember if it's on calendar. i don't know if we have a date for it and where we are. >> i do believe there is a date for it. >> commissioner chan, the occ made all of its comments, and as i understand it, chief suhr, the command staff was reviewing it and it was going through a concurrence process. i don't have a date at this point. >> commissioner chan: inspector, do we have a date for that? >> it hasn't been calendared. >> commissioner chan: when we get to that part of the calendar, we should may calendar a date.

thank you. >> you're welcome. >> president mazzucco: commissioner kingsley. >> commissioner kingsley: thank you, director hicks, for your report. i appreciate it. >> you're welcome, commissioner kingsley. >> commissioner kingsley: do we have any totals for failure to collect traffic stop data for the year? it seems like this is a reoccurring thing that comes up. and at least that's the way it seems to me. and i'm just wondering how maybe compared to last year, how that statistic might be changing, yes, commissioner kingsley. when i deliver the occ's annual report to you, then it will have the total numbers of sustained cases, and the categories of misconduct. and i will be able to compare it with the 2011 annual report as well.

>> commissioner kingsley: good. thank you. >> you're welcome. >> president mazzucco: farrújny less. >> chief, the two that occurred last month, were they both first time offenses? >> if they got an admonishment, yes. if they got a reprimand it would be their second. if they got a day off, it would be their third. >> both got admonishments so i'm then. just wanted to see if we were still on that program. >> it's just a quick follow-up question. director hicks what is the ballpark figure for number of actual reports for traffic data as opposed to traffic stops we do per year? >> president mazzucco, the number of traffic stops we do per year is a number that the chief could provide you. but we will get that information from the department, as well, so that we will have it.

>> president mazzucco: i'm just curious about the ratio. i imagine there's probably 2, 300 traffic stops a day in the city? >> oh, at least. >> president mazzucco, however, the complainants don't complain about a failure to collect 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