monetarily and in human resources are better spent. certainly we're trying to be that police department right now. so, i'd rather have it not be something for people to say something that it's not. >> that's all part of being a chief, right? >> it appears to be so. [laughter] >> thank you. >> all right. please call item 3b, occ director's report. >> item 3b, occ director's report discussion, review of recent activities and presentation of the occ's monthly comprehensive statistical report and companion report for the period march 1st, 2013 through march 31st, 2013, and march 1st, 2012 through march 31st, 2012. mediation of complaints in march 2013 and adjudication of the same complaints in march 2013. >> thank you, sergeant till shaw. and welcome, director hicks.

>> thank you, president, and good evening, commissioners [speaker not understood]. you have a substituted cover letter that properly refers to march as opposed to february. [inaudible] january 1st, 2013 to march 31st, 2013, the occ opened 151 cases. that's 50 fewer cases than were opened during the same period in 2012. we opened 201 cases. this represents a 25% reduction in cases open. from january through march of this year, the occ investigators closed 23 more cases than were opened. 174 cases were closed compared to 151 cases open. as of the end of march of this year, the occ has 284 pending cases.

as of today the occ has 291 pending cases compared to 3 71 pending cases by this date last year. >> director hicks, could you speak a little more into the mike? thank you. >> sorry about that. you know, i don't think the microphone is on. here we go. moving to sustained allegations, unless you want me to repeat everything. [laughter] >> for the purposes of our tv public. the occ sustained allegations in two cases in march for a total of 7 sustained caseses

from january through march 2013. ~ our sustained rate is 4% of the cases we closed the first quarter. in mediation, the occ mediated two cases in march or 4% of the cases we closed in march. in march 2012 officers were offered mediation and one declined. '12 this year to date, 25 officers have been offered mediation, four have declined. ~ the year to date officer acceptance rate of 84% is lower than previous year acceptance rates that exceeded 90%. to date the occ has mediated 14 cases. since we have mediated two cases in april. ~ in the area of the chief's adjudication occ sustained cases in march, between march 1st, 2013 and march 31st of this year, chief sur adjudicated three cases investigated by the occ and determined by may to have

sustainable allegations. ~ chief suhr made the following findings and imposed discipline as follows. in the first case which was a neglect i have duty case in violation of department bull pen 11-0 97, which is san francisco, the san francisco police department traffic stop data collection policy, an officer made a traffic stop of a bicyclist who ran a red light and the officer did not collect traffic stop data. : we found that this was a violation of the stop data policy, however, the chief determined that this was not a violation t. was a policy failure because sfpd data collection policy specifically refers to vehicles, not bicycles. ~ this case demonstrates the narrowness of the police department traffic stop data collection policy since it can be narrowly interpreted to

apply only to vehicles. in other jurisdictions, there are broader stop data collection requirements that apply to all stops, not just traffic stops. so, since it was a policy failure, the officer was not disciplined. neglected duty -- >> the chief [speaker not understood] >> yes, as with all policy failures, there is a policy enacted to address that. our current policy was that bicycle wasn't within the vehicles because the officers are told by the vehicle code, which is not a bicycle. we have since put out a permanent bulletin to ask that that be the case going forward on bicycles. >> chief, are there other similar kinds of vehicles that are in broader codes in other jurisdictions that we might banta to take the opportunity to include in that at this time? ~ want to other than bicycles? i don't know.

director, do you know what other vehicles might not be present in our current policy that we might want to add at this time other than bicycles? is there -- >> deviant [speaker not understood] drivers. >> a moe pedestrian is motorized, so it's a vehicle. ~ moped. a bicycle is not motorized. >> we would stud that i, commissioner kingly. i was not aware that you had issued a department bulletin on that. perhaps that happened very recently or -- >> it usually happens as soon as we determine that it's a policy failure. >> we -- it has not been provide today me. and in the third neglected duty case, an officer ~ wa sustained by the occ for failing to promptly and politely provide his name and star number upon the complainant's request. the officer told the complainant that the complainant could find it on the citation.

the officer was admonished. and that concludes my report. >> thank you, director hicks. any questions for director hicks? thank you very much. please call line item 3c. >> item 3c, commission reports, discussion. commission president's report, commissioners' report, and discussion regarding scheduling resolutions. >> i just want to thank commissioners de jesus and loft us for attending tonight's meeting. i was unable to attend. i was back east, i was actually on the airplane coming back. thank you for doing that. and thank you for the chief for the way you handled the meeting. i heard from commissioner loft us and i also want to make sure the officers are doing fine. thank you for updating me and the officers and those individuals that were injured. the only question i have is it probably should go into commission reports. when we do do our report, our follow-up regarding the cell phones and inability or the ability to stop the cell phones, if i can is if we can invite -- the district attorney

met with representatives from apple, governmental relations. i saw that the district attorney said they didn't get satisfactory answers from that individual and there was a lot of hype publicity but no direct responses to the questions. so, if we can invite that person here to our meeting that evening. commissioners, anything you'd like to add? >> what evening is that meeting? do you recall? >> may 1st. >> that's it. thank you. >> also, when the chief announced the anonymous tip line he accidentally gave the wrong number. that number should be 41 5-575-4444. the message from the chief of police, not the commission. >> commissioner loft us. ~

>> just -- there's been some [speaker not understood] since i was here last. the st. patrick's parade, the department got a great response from the community. a lot of thank yous, a lot of cheers, a lot of enthusiasm for the department. and, again, commissioner de jesus did attend the additional meeting in the tenderloin. that was really just an exceptional group of folks there. and then the third thing is i might be the last person in san francisco to know this, but the san francisco pal program which is youth soccer and baseball and i think it's football, too? >> yes. >> i'm embarrassed. >> kudos to a lot of things. i think working parents aren't [speaker not understood] these things. junior giants has a program run by s.f. pal. it's free for kids to participate 5 to 13. and all the equipment is provided for free. there is an upcoming deadline. i would encourage folks to go on s.f. pal. i'm embarrassed on the police

commission i stumbled upon it. >> there is [speaker not understood] for the san francisco giants. >> san francisco giants which is great. >> they're the local baseball team. >> right, i did have that detail, chief. [laughter] >> thank you. thank you so much for clarifying. but anyway, check it out. >> commissioners, anything further to report before we move on to discussion regarding the next item, which is line item c, discussion regarding scheduling resolution? and for that i'm going to turn this matter over to commissioner kingsley who has been piloting this project. >> can i ask for ms. blitz to come up front in case we want to confer with her? >> thank you. thank you, president mazzucco. this is something commissioner turman and i have been working on for sometime. the struckv tour of it was created by ms. porter and she's done the majority of the work on this and has modeled it after the fire department's

resolution, similar resolution to this. we've had input from director hicks from the occ initially and also from the department initially. doesn't mean that that's the end of the input from these folks. i just wanted to acknowledge them and thank them for the work that they've done so far on this. what we imply, we have calendared it for this evening is so that we can get feedback from folks regarding the specific line items. the chart specifically in the resolution to get your comments regarding items, questions, and so on. you know, essentially, what we found out in working on this is that we have a lot on our plate and we have a lot that's reweird by this commission by the charter and the administration -- and the administrative code as well as the dgo requirements and the

requirements that we've created as former body incarnations of the commission through resolutions. and, so, at this point it seems prudent to go over this and to look at those things that we are mandated to do by law that we have no choice about and just make sure that it's calendared and that we comply. the second aspect of this is to look at thing like the dgo requirements and the commission resolution requirements and see if we want to modify any of those requirements either by discontinuing them or changing the timing of the reports that these former resolutions call for. and then the third aspect of this is to try to incorporate some of the policy

responsibilities and oversight responsibilities of the commission and see if we can't build that in systematically to our calendar so that we're not missing anything along the line. so, with that, commissioner turman, did you want to, before we open it up to comments and questions, want to -- >> the only comment that i will make is that i found this process very instructive because i am one of the newer commissioners coming on my second year. and it gave me a really good idea of some of the thing that we were supposed to do by charter, by administrative program, by our own creation and by department dgo as well. and it's interesting to sort of look and see some of the things that are [speaker not understood], some of the things that we need to make sure are done. and then there are a number of things i'm asking myself, well, why are we still doing that.

so, this has been a very helpful process. i have to say that commissioner kingsley has led the charge and i [speaker not understood] reluctantly. [laughter] >> it has been very informative and helpful process. and i think it will be -- i think by going through this a little bit we'll all be illuminated by some of our obligations and responsibilities and we'll be able to make some positive changes here. >> thank you, commissioner turman. so, commissioners -- >> may i ask? because i'd like to -- is there anything that you want us to pay particular attention to? maybe guide us through this rather than us -- i mean, for me that would be helpful. >> okay. >> commissioners, my thought is you point out certain things in particular to instruct you that we might take a look at. >> absolutely. and thank you, commissioner marshall, for that question.

and we'll proceed with that. before we go there to a more systematic review, do other commissioners have anything in particular that popped out that they just want to take care of and we can address? >> work our way through. >> work our way through, good enough. so, the first part of the resolution of whereases, essentially establish the foundation for what follows in the chart. and the chart begins on page 4. and we've added the notation after each itemized matter to indicate what the legal requirement is, if there is a legal requirement. and if there is no legal requirement, to include that as well so that we all know and can distinguish between those item that are on the list that are required by law and what

that law is. so, the first three sections all have to do with the budget. and this model, again, is found in the fire department's resolution, similar resolution. and the reason why it's broken into three sections here is the first section -- is to first of all, start the process earlier in the year. under the budget generally which starts -- could start as early as august, it's kind of a look back over the budget and the operations of the prior year to set the scene and the stage for looking forward of the upcoming budgets. the second two budget provisions, the capital budget and the operating budget, they're broken down separately. presently our obligation as a commission is to review the operating budget before it goes to the mayor and to vote on it.

that we do have an action item and a responsibility under the charter. but we don't ordinarily focus much on the capital budget and that may be -- and granted, it's a smaller component of the budget, but nonetheless, i think that there are important aspects of this regarding building maintence, vehicles, technology, those kinds of expenditures in the department that we should know about and be cognizant of and be aware of any action that might be needed in those items. then the operating budget really focuses in on that process of preparing ourselves for the occ and the

department's preparation of budgets before they're presented to the mayor. and we've been through that process. this is basically calendaring it and perhaps getting that process in motion earlier rather than later and see a proposed date here as early as december, early december. the next section on page 5 addresses administrative's investigation and discipline matters. one item here in particular that seems to me we might consider deleting is item number which talks about the meeting dedicated towards discipline matters. now that our calendar is really -- we've really taken care of the backlog of cases that we could strike that.

it's just an example of something we might want to consider deleting. items 11 and 12, we are required to do under the administrative code. 14 is an example of an item -- let's see, 14, 15, 16, 17, 18, 19, these are all commission-created reports. and some of the feedback that we've gotten from director hike is a recommendation not to change some of these reporting requirements. so, it's not necessarily i think seen as overly onerous, but that there may be merit to including them. but, you know, that's something for continued discussion around this.

>> in any of those type of reporting, we could be looking at the frequency, the scope of deciding for ourselves if it's something to continue on exactly, or [speaker not understood] keep it as is. >> commissioner loft us? >> commissioner kingsley, i want to make sure i understand, and you might have said this. under the budget ones we went through, where it says there's no legal requirement, where does this exist, then? is it a recommendation from somewhere that this is the process? if there's no legal requirement where did it come from -- [multiple voices] >> yeah, the budget, capital operating -- >> yeah, the whole -- 1 through 6 there's no legal requirement for it. it's more of an oversight policy structure and we're borrowing the structure from the [speaker not understood] put together from the fire department. and it seems to be serving them well and it seemed logical and so that's kind of where --

>> it doesn't exist anywhere we're required to do this, or this is the process we've followed up till now? >> really not. and under item 7 is where we have, you know, a legal requirement [speaker not understood] under the charter prior to going to the mayor. director hicks. >> yes, commissioner kingsley. in looking at item 17 where it indicates that the quarterly report from the occ director on investigation is a created obligation -- an obligation created by the commission. but in the charter section 4.127, and maybe this is addressed separately, the charter requires me to prepare a quarterly report to the president, the board of supervisors. and the report shall include but not be limited to the com type of complaints filed, the

outcome of the complaint, review, and disciplinary action taken. >> thank you for clarifying that. some of the resolutionses come through other commissioners that have addressed or are playing out the charter requirements. ~ and the number 17 that you're addressing here, you're making the point that it's charter required in addition to what is in the commission resolution. and thank you for pointing that out. there are instances where the requirement that's in the commission resolution is found elsewhere. this is the first, you know, this is the first example that, you know, i'm hearing. i've been kind of -- as i'm reading through what was done by the city attorney, thing like that have popped up. so, we need -- >> i'm sorry. >> go ahead. >> self-appointed note that 17 is more expansive than what's

required by the charter. if you look into the exact language, that's why ms. porter has pulled it out as separate because that's what's commanded by the commission resolution as opposed to the charter. that commission resolutionses are made to [speaker not understood] the requirement under the charter. that's all. >> i think item 16 that cites the charter 4.127 is that -- those requirements are all on the same part of the charter? >> yes, commissioners kingsley and turman, both 16 and 17 are in the charter. what's not in the charter is that the director quarterly reports come to the commission before they go to the board of supervisors, and that has not been my practice. i have simultaneously submitted the quarterly reports to this commission and to the board of supervisors.

so, i guess what i would say that the occ director does not recommend change -- perhaps i do. just based on what our practice is, so. >> so, to be clear, director hicks -- and thank you for jumping in here -- you would recommend that it still stay the same, that they be submitted simultaneously? >> yes. >> rather than prior? >> yes, commissioner kingsley, that's what i would recommend. >> okay, wanted to make sure that we were clear on that. thank you, director hicks. i think that we were down at rules. we're now at rules and regulations. some of the items from here through administrative matters,

we may want to -- because there's a lot here. we may want to change the frequency when we are not tie today a particular frequency required by law. for example, some of the items that say where there's no legal requirement and it says annually, perhaps we want to do some of them on odd years and other on even years. so, it's that kind of thing that i think commissioner turman and i and the department and occ would try to work out on those items. item 32 and 33 are a couple that in particular i think would be helpful if we could hear some of the other thoughts of the folks here, commissioner, director, or the chief. regarding the ice secured

communities program, the resolution 73 10 now calls for a bi-monthly report on this. i'm wondering if we don't want to make this quarterly or change it. it's my understanding that this requires a great deal of time on the part of the department and sometimes it ends up being overtime and very onerous. some have suggested that the impact of this is more with the sheriff's department. so, you know, your thoughts on this. should we change the frequency on it? >> it is almost completely with the sheriff's department as most holds are post custody. >> so, if i'm hearing you correctly, we could do it once a year for that matter, or twice a year.

>> that's what i meant, on behalf of commissioner chan. >> thank you. >> she probably, commissioner chan would probably prefer to see this till thing settle down, and she's absolutely right. it's something i've said a hundred times in this room when we have the community comes in here. we don't put holes. [speaker not understood]. but the statistics were important to commissioner chan. so, i could see your point about essentially not doing this frequent, this bi-monthly issue. maybe quarterly. like a lot of things we do, i'd like to let commissioner chan chime in on this before we do that. >> this isn't an action item. >> yes. >> when this comes back, we'll make sure that commissioner chan is -- >> i know what commissioner mazzucco is saying. i don't want the viewers on tv think we're putting [speaker not understood] on hold. >> [speaker not understood].

>> i think it's important to keep statistics because this is an area that we're trying to revive with the state and federal government. >> reference line item 33, the cit team, we have that on bi-monthly second meeting of each month. that is also a commissioner chan project. >> that's right. >> i worked with her on. we should probably consider what is appropriate in terms of like anything naturally, we're continuing to train officers with cit. i think there will be less of a need for reporting as more officers are trained. i think that could probably be handled in the chief's report. that we will be able to reduce. let's wait till commissioner chan gives us her feeling. i think that is a wise idea to make that -- >> that absolutely makes sense. and we left it in here, actually, because we wanted commissioner chan's input. because this has been in existence, this resolution, for such a long time, the sunset

essentially on this requirement was april 2012 and went away. and it came out. we put it back in so that we could have discussion. that reporting was supposed to be done with by the end of this -- or by the end of april 2012, a year ago. >> i comment on that one. >> commissioner de jesus. >> this came up at the meeting we were at. there was a lot of discussion regarding cit, where we are, if it's slowing down, you know, how much more can we improve on it. right now, volunteers, do we need to put money into it to see if it's going to be -- can we continue to go forward, continue to grow and continue to be a part of the department's forefront in terms of working with mentally challenged or ill -- >> it is absolutely not slowing down. we did have trending scheduled quarterly.