investigation conforms to 8.10, and appears limited in scope and the investigation is ongoing. there were no records of any requests for investigation that was denied. there were no records indicating that the department relied on under cover officers to monitor the two investigations. there were records indicating the monitoring of public websites specifically for one of them. the actions of the members were in compliance with the dgo and had been approved under this order and there were no records of unlawful activities within the scope of the order. there were no records of arrests or prosecutions that were the direct result and approximate cause of the investigations conducted under the dgo 8.10. there were two records of requests by members of the public made expressly to the guidelines for access to

records. and this resulted in the production of information or documentation related to the investigation, according to the department, documents were provided in response to these two requests. there were eight records of requests from outside law enforcement agencies. known as agencies... >> the agencies include the oak dale police department, interpole, washington, d.c., again interpole. and interpole, again. and the u.s. department of defense. and another interpole. request. and us secret service request and in new york state university police, request. there were no violations of the guidelines discovered during the audit. there was one record of a request for investigation, relative to the hate crime unit involving a request for the

f.b.i. to review and consider further investigation into a criminal assault of a gay man. in the area of training, lieutenant gracy provided documentation that the members of the special investigation division unit who participated in the approved dgo 8.10 investigation had received updated training. and there was documentation that said (inaudible) initiated

or pending and we have discussed the recommendations with lieutenant gracy who agrees with them and seeking approval to institute these changes, and that concludes this report. questions? >> i have a quick one. the recommendations they found, like very good ideas to me is i am wondering now the status that the chief has the status of the recommendations from the occ. >> i have not seen the form from her and i don't know when she said that she submitted the recommendations. >> and chief i am not sure whether she submitted them or not. and sam ramerian had to leave

earlier this evening, so. >> as soon as i get them, i will get right on it. >> okay. thank you. >> anything further commissioners? >> okay. last but not least. our monthly comprehensive statistical report through december 31, 2012. and comparing it to the prior year. from december first, 2012, through december 31st, the occ opened 48 cases that is 17 fewer than were opened in 2011 when we opened 65 cases. the total number of cases opened in 2012 is 740, compared to 784 in 2011. this is a 6 percent decrease in cases filed. between, 2011 and 2012. in december 2012, occ investigators closed more cases than they opened, they closed

65 cases. as of december 31st, the occ had 305 pending cases and as of today the occ has 305 pending cases compared to 366 pending cases as of january 30th 2012. >> >> our caseload for investigator is up a little bit, it is 24 cases because we have one on new investigator who has a very limited caseload. and another one of our investigators is out on a three-month leave. >> in the area of medation of complaints i believe that i discussed this with you last week. but, for the office of complaints were mediated in december, of 2012, compared to 7 that were mediated in 2011 still in 2012 more cases were

mediated than 2011, one more. 62 in 2012, and 61 in 2011. >> moving on to adjudication of sustained complaints from december first to december 312012. , chief, adjudicated four cases by occ and determined by me to have sustainable allegations. he made the following findings and imposed discipline. in these four cases. and one case, it was a conduct reflecting discredit and the neglecting duty case, in violation of the order, 2.01, rule 14, while engaged with an argument for a complainant who had an unleashed dog and was harassing the horse, a mounted officer used profanity and a gender based slur, and in that

same incident, another officer failed to notify communications division of her ending mileage when she delivered the female to the jail, both officers were ad admonished. >> an officer used profane language and the officer was admonished. >> in a third case involving neglect duty, an center failed to book the evidence and received a written reprimand. >> one failed to provide a referal card and a cad number and the officer was admonished and that concludes my report >> thank you for all three reports. and with reference would have been helpful to have this information last week, we had concerns in the arabic

community about the review and i forgot to thensing that we have another level of review not just the police commissioner but the occ. your report was thorough, with reference for your plan, it is great and it is incredible and it is clear from here that you are now a role model for other agencies throughout the country, and we are actually taking an active role in establishing the agency for bart. so, thank you for all of your hard work this is excellent. >> you are welcome, president mazzucco, and members of the commission. >> commissioner loftus? >> yeah, i am just i echo everything that president mazzucco said, i just want to go through the numbers because i one of the things that is coming up during the taser meeting is a sense of the department and the complaints against the department and i know that came up in the last meeting. what i have assembled from the numbers that we have been given over the last few weeks is that somewhere between 1.1 million

and 2.2 million calls for service in 2012, which netted 25,000 arrests. out of those 25,000 arrests there were 740 complaints filed with the occ that resulted in 11 sustained complaints is that right? >> well, commissioner loftus, not only are there arrests but there are other types of contacts that the officers might have and i am not sure whether you are including those numbers. >> that would be in the 1.3, 1.2 calls for service, so it is a big number. >> so the point is that it is a big number of contacts and i want to make sure that i am reading the statistics correctly that given the number of contacts and calls for service that the officers have had, 740 complaints in the year 2012 and eleven of them being sustained in that year seems like a significantly low

number, and i have also thought about this in the past given the amount of out reach that you do. so it is not as if you hide in a corner, somewhere, and don't tell anybody how to file a complaint against the police. >> and commissioner loftus, i would agree with you, that it is a small number of complaints that we receive against the san francisco police department, compared to the number of contacts that the department has. and our out reach efforts are more stepped up now than they were five years ago yet there has been a 25 percent decline in complaints against san francisco police officers. >> i think maybe one suggestion for our taser subcommittee i know that the department makes a presentation, i feel like it would be helpful to have a

sense of the data around the sustained complaints when we have that information because a lot of what we heard is that there is a department out of control and there complaint and violence. and everybody can have instincts that is not the right word. you can have your experience, but what i think that the occ does well is document the data and it helps to paint a picture and so if that is possible, that would be a request to consider director hicks. presenting some sort of one-pager of looking back on 2012 and give some perspective on the discipline. >> i did a ratio comparison in 2003 and i am happy to ask the captain in my office and we can prepare a one page for you as to like arrests citation and firearms and calls for service, and complaints and sustained xlaibts and the like. >> that would be helpful. >> sure. again, i think that we are kind of saying it without saying it.

the officers just do a terrific job. again, down 15 percent staffing to handle the calls for service they make, make the arrests that they make and take the guns that they take and yet work with the kids that we work with and still be able to boast, you know, i don't know if we ended up with one but i know as of the closing of the third quarter, we had not had a sustained unnecessary force complaint which i mean we i could not be prouder of the officers and when sergeant put up the numbereds i believe that 6 officers shooting for a year is a low for many, many years. >> i think that it is just important i think that you are right if the department if the officers are doing something positive as important that we reinforcement maybe because i am parenting toddlers right now. >> are you comparing my officers with toddlers. >> i don't want you to make that conclusion, but i want to explain my thinking. >> they are, they are terrific. >> any further questions for

director hicks. >> thanks so much. >> we apologize for the later part of the evening. >> for apology is necessary. being an attorney, i also understand how attorneys fees, mount as attorneys sit around and wait for a cases to be heard. i understand. >> please call line item 4 c. >> 4 c, commission reports discussion, commission president's report, commissioners reports. >> briefly i attended the chief said the police academy graduation on friday night and we have 48 new, >> >> 43. >> 43, and it was just very impressive and a lot of dedicated families were with them and so we welcome them to the police family but the most important part was that this class did something that i never heard a class do, they spent a lot of time, a significant amount of time doing community service while in the academy.

and it was not going out and passing out candy, they had to go to every boys and girls club throughout the city and taught reading, not only played with the kids, they taught them reading and they tutored and went to homeless shelter and to a hospice. i know that is something that comes from what you believe and you have always done, that was amazing and you get a feel for whether or not they are dedicated to the community during that period of time because you get to watch and observe them that was very impressive and then last thursday, myself, the chief, dr. marshall and commissioner kingsley attended a luncheon where the chief spoke for the saint thomas moore society. the chief spoke about gun violence and did an excellent job taking on members of the nra and quite frankly, several appellant court justices were impressed with the chief's knowledge of the law so he did a great job.

dr. marshall and kingsley participated and i think that we had a lot of impact on the attorneys in that room. >> it was good. >> very good. >> that is my report. commissioners? >> loftus? >> quickly i wanted to say that one of the things that we get to do on the police commission is i think attending this graduation was the first time that i was there and i just want to say to the members of the public and i want to ask the chief if you could share with my fellow commissioners the speech that you gave, i feel that some that have been on the commission for a long time, the things that you care the most deeply about he cheerly does too and told the officers that is what they need to care about and it was all about you are an example to young people and they are always watching you and you are there to do the right thing. i mean it was inspirational quotes but mostly was having the chief of police share what you value and what our san

francisco values from the very first moment they enter the san francisco police department was so powerful to be there and watch that. i think that it would be great if you would not mind sharing your brilliant speech. >> i will get it to her and she can e-mail it to you. >> and i wanted to thank. >> i actually forgot it there that night. >> really good. >> and the thing that was good about it for this commission is to see the power of the chief that and what he can do for the department. i just wanted to say, that i want to thank the department also. i know that there was another high profile case where you guys went out and it was the ramos case to get a shooter from states away and i just again want to reinforce that in the kevin colincase that the fact that the department is focused on that and you know, kevin was the same age i was and we both took muni to our school when i lived here in 1984 and i have throughout my whole life had dreams that some day he would be found and a lot

of people in san francisco were really upset by that case. and i am so glad, that the department is continuing their work inspector tume and i think that it also there is another case where we do that. we have got paul et brown and her son aubrie was brutally murdered and we are still looking for and trying to be able to bring a case against her assay lent and i know there is a reward for any information this that case and it just reminds me that while we are dealing with what is happening now i am pleased to see the department continuing to be tracking in and putting in an effort on the cases that have gone passed and not forgetting them. i wanted to acknowledge the department for that. >> commissioners, anything further? >> line item 4 d. >> i am sorry >> sure, commitinger turman. >> sorry, the next line, i know let's call it. >> line item 4 d.

>> commission announcements and scheduling for items identified for the consideration at future commission meetings action >> any announcements? >> just that the next meeting will be here in room 400 at city hall and that is wednesday, february 6th. >> and we are having a community meeting on the 27th and i believe that we will have that nailed down and it is tentatively schedule for the saint vincent depaul. i will get that mailed out >> great. >> commissioner turman? >> yes, and i also would like to announce that on monday, february fourth will be the second of our three, community meetings series, on electronic control weapons. that will take place monday, february 4th. the scottish right which is located at 2850, 19th avenue at slope here in san francisco from 6:00 to 8:30. and i believe that we will have

spanish language translation at that meeting; is that correct?? >> yeah. >> thank you very much. >> commissioner kingsley? >> well, i have a question, regarding the budget. i know that last year, the budget was looked at in terms of two years, but it is usually this time of year that we start looking at the budget and there is, you know, deadlines to submit to the mayor's office and where is that. >> director is preparing it, obviously it is a two-year budget. so this year's budget presentation, every other year the budget presentation will be significantly lighter than it would be on the first year of a two-year budget. so director ganon is preparing a presentation for the commission and i can include it in the chief's report so that you don't have to necessarily calendar it. whenever you would like to have her and she could probably use two week's notice >> when is your deadline to the mayor? >> i don't have it on top of my

head. >> february 21st. >> february 21st, for all departments. >> i think that this is calendared for next week. >> it is a budget issue. >> i found that earlier today. >> is it? okay. >> hold for next week. >> good. >> one thing that i need to add before at the graduation was a diverse class and one of the most inspiration moments and the young man was pinned with a badge and his grandmother was in a wheelchair and spoke extremely limited english and she said god bless san francisco and god bless america. and he acknowledged that. >> their son obviously member of our arab american community and so it was really special. >> cool. >> all right. so call all of those lines and now it is time for public comment, regarding 4, a, b, c, d.

>> ray hartzes, director of open government. i am sorry for the officers who gave the presentation on the weapons and the so forth are gone, i think that they did an excellent job. however, i would like to point out to this commission, that none of the slides and statistics and things that were projected were made available in my information packet nor were they available for the public. and as a result, i think that some of you had them, but we were unable to read many of them and certainly not able to take down any notes, and those are requiredments of the sunshine ordinance that documents that are going to be presented at a public meeting are to be made available, i will check on your website to see if they are even there, but i think that i know what i will find. >> to the director's report. first i would like to compliment the director in the fact that i do not remember any time she has presented something at any of these meetings where she has failed to provide the documents that were appropriately part of that presentation. so, she seems to be able to

handle that responsibility, and okay, that is one of the four. thank you. >> and so i would say that. but on to my main point, i gave director hicks earlier this evening a complaint against inspector james miranda for lying about the existence of public records. and the inspect or visited my home on 2012, to talk to me regarding sfpd number 1 20098278. when i contacted inspector approximately six weeks later he denied that any documents related to the visit to my home or our conversation even existed. when i challenged his statement he refused them to deal with me apparently told the city attorney's office acting in the capacity as supervisor of records that the documents did not exist.

i learned this from an e-mail from dca justin who stated in part i understand from an... i understand this from an e-mail from i am sorry. i understand further that you had a discussion with inspector miranda and that he informed you that he has no additional records in the file. - >> that petition to supervisor the records has been reopened. it is now being reevaluated by the city attorney's office. inspector miranda lied to me and i believe that he made false representations to the deputy city attorney when she was investigating the existence of the documents telling her that they did not exist, and in may a month later we got confirmation that yes there were documents but they were withholding them and they were the law that they were withholding them under. to deny that something exists, when you could have just said, we are going to withhold them

based on the law is wrong. . >> thank you. >> next speaker. >> high name is paulette brown and as you know i want to use the overhead. >> okay.

>> my son again, still unsolved homicide case. and i know i was concerned that you know each year i come here and i am here again tonight because his case is still not solved along with other mothers and fathers that have lost their children. i have been out on the battle field for a long time. and this is something that i will be doing for the rest of my life. and i think that something else needs to be done so that we can have some closure. because i still have no closure. i heard you say, that parent deserves some closure. we all deserve closure. it is not no one specific

parent or father that deserves special treatment, we all deserve closure. and there is none. we need it. i also stand with other mothers all of the time, the people of color are dying out here. this mother i stand with we are together every day, we just left for conference. on domestic violence. we sit down at 850 bryant, out there with our baby's pictures. city hall, san quinten jail. i went back to school to get my mental health license and my drug and alcohol license so that i could get over to the san francisco general and get in the trauma unit and at least get in hold of the mother bfs they get in there so if i can hold it and stop it and give

them some kind of for him fort, i want to and that is why i went back to school and to understand. what is going on in people's brains, this is a mental condition, we are suffering from posttraumatic stress disorder. i know that i am. i am missing my boy. dearly. and i need some closure, i don't have any. i'm tired of crying, i am tired of begging. if there is something that i can do, to help you i will. let me know. i mean, i have all of the names of the people that shot my son. i have them. i can come and give them to you. they are in his file. something needs to be done. get a subpoena, subpoena them. subpoena them. make them come to court and

talk. that is all. >> thank you miss brown. >> any further public comment? >> hearing none, public comment is closed and line item. >> please call item number five. >> discussion of possible action to move the police commission's dark or no meeting day from the second wednesday of each month to the third wednesday of each month. action. >> commissioners, we added to this to agenda because we have taken the second wednesday of the month off, however one of the commissioners has the conflict with the democratic central committee. >> two actually. >> and in addition to that, actually i have meetings that i have to leave early from to attend. so if we could move our closed no meeting day with your permission, from the second wednesday of the month to the third that would be appreciated >> so moved.

>> second. >> that is i assume starting now. >> yes. >> before we take a vote on that. any public comment regarding that? >> just one question. >> does that also mean that disciplinary day will then move to or to that just be. >> it would be the good news is that our docket is so low that we don't need a dedicated day. >> no public comment on that. public comment is now closed. motion? >> so moved. >> second. >> all in favor? >> aye. >> all right, we need to go to line item number nine now, after we finished the closed session and that is a motion to elect whether to disclose anything in the closed session. >> second. >> any public comment regarding that? >> ray hartz, director of san francisco open government and before i start, i will plainly state that