commissioner kingsley was talking. >> no, i just sort of jumped in. >> go ahead. >> thank you for the very thorough report. would you like to take a moment and introduce the rest of the folks in your staff here, it might be helpful for us. >> thank you commissioner terman it was on my list to do at the conclusion of all my remarks. i'm going ask you each to stand up as i announce your names. first eric, our acting

chief investigator, donna, our chief coordinator, sam our attorney, sherrie hall who is an acting senior investigator, dennis max on who is a senior investigator, inez vargz who as you know is the chief trial attorney. there are two missing members of the management team including ed mcman who is on, he's a senior investigator. he's on a leave of absence and manny foert who is also on a leave. i want to thank, well, chris wiz nuksey. who is our information technology guru and we wouldn't know what to do

without him. i want to thank you all. >> i want to thank you all for your hard work. >> can you give us a flavor of any trends or things that you are seeing from the unwarranted actions allegations since it's the largest received in 2012. what kind were you seeing in that category? >> well, unwarranted actions allegation are like 4th amendment violation, unlawful search, arrest. that would be the nature of the unawarded action allegations. >> because it was the largest by a few more than conduct. i

was just wondering what exactly was there a particular area you saw whatever they are searching seizure violation. i know you didn't break it down into specification. sometimes it's instructive to both the public and the department where we might want to have discussion points on it. >> we have to look at commissioner terman also is the sustained warranted actions. >> was it 16 percent? >> i'm turning there. our largest number of sustained allegations was neglect of dude and those allegations sustained allegations were failure to collect traffic data. but in terms of trends, another

unwarranted action allegation would be for traffic tickets; moving violation an individual says i shouldn't have gotten that citation. >> thank you. >> you are welcome. >> director hicks, i have a couple of questions. they are statistical. i'm going to save them because i don't feel they are of interest to everybody. i just want to make a general comment again. i have been on the commission roughly three years and you became a director about two years prior to that and you inherited an auditors report that indicated that there were a number of things that needed to be improved upon in the occ and each year as you present to this commission we see very visible dramatic leaps

forward in attended to all of the things in the auditors report and then some. i just want to add my praise to the bank that you have already heard tonight and recognize that in all the progress that you have made. and what you have done really with the organization and to thank you and to your staff as well. >> commissioner kingsley you are welcome and i want to take this opportunity to thank the occ staff. we've had a lot of changes, we've had to make a lot of changes over the five years that i have been there and change is difficult. but staff is so dedicated to the mission of the office of citizens complaints to get fair investigation and they are so committed and i would not be

able to present these types of statistics with case closures and a low pending case load unless the staff was doing the heavy lifting. so i thank not just the management team that's sitting out in the audience, but all of occ staff and to the investigators who have the late night interviews. some years to save over time expenditures on the part of the police department, it was made a policy that investigators had to conduct their interviews when an officer was on duty and so sometimes my investigators are in the office at 10:00 at night conducting interviews or very early in the morning. so i thank them for that.

>> commissioner chan. >> thank you for your presentation and all the hard work that goes into this report. thank you for all your staff for being here so late at night on top of all the work. i had a chance to come to work with your staff and i know how dedicated they are. i want to dig into some of the numbers and ask for your thoughts and opinions bfrm i do that i'm going to ask about these investigators positions and how many you've done a good job of telling us as far as how many investigators. i want to keep track of it. how many investigators do we have now and how many positions are opening? >> there are a total of 21

investigator positions. one of them is the deputy director/chief investigator position. there are 17 journey level investigator positions, 81, 24 and there are 3, 81 senior investigators. a position was created when charlie retired and eric bat czar is act ing in that position. i was advised by the budget office that there is not enough money in the occ's personnel budget to cover all of 17 of those positions. i was

advised to not fill the # 17th position. so it remains vacant. we are in the process of filling the 16th vacancy, but it is going through a very long background check right now and so it remains open until the background check is concluded. so there is really only one vacancy and the interview taking place, the job offer has made and it a matter of background clearance. and there is the vacancy for the chief investigator and there are others who are on leaves of absence. right now i have 3

investigators out and one of them will not return until september. i have hired a temporary investigator, but we only have $23,000 in our temporary employment budget. so that will only last for a few months. >> thank you. that's super helpful. i took good notes and with the chief investigator position i know gardener was hard to fill. what are the plans for that. when do you know you will have a permanent person with n that position? >> i working with human

resources. it is an exempt for social services position. department heads in san francisco have deputy directors. the occ, was not organized the way other departments were organized when i first got there. the executive director didn't have an executive assistant. there was no deputy director and so the chief investigator position which was a manager 1 position has been changed to a deputy director 1 position. that was a process that went through human resources and the mayor. >> one more question. what's the difference, i'm not familiar with the difference between?

>> this is a matter that was discussed with the attorney and it's a public service matter. >> sure. i will hold off. thank you. let me ask two more questions. what is asked about the language piece. i appreciate you providing that data in your information. looks like there is a pretty small number of in take done in non-english which is about 2 percent but you do have a decent number of complaint for latino and asian american. do you find that they tend to come in and have it taken in english. i'm trying to figure out why there is that difference? >> we conduct the interview in the language that is preferred by the complainant. there are

two spanish speaking investigators who are available. it's just a matter of complainants preference. if those two investigators are never available we would use language align. >> thank you. i think you already eluded to the answers. the two more slieking things for me is the lowest number of complaints and lowest sustained rates and why you think we have that trend. i know you have a couple slides dedicated to that. >> the information commissioner chance that i provided is what i know. i have spoken with other civilian oversight professionals from los angeles to chicago to new york and we don't have an answer as to why

complaints are decreasing. >> i was just curious and i appreciate the outreach of doing that to make sure it's not a matter of outreach. thank you. >> you are welcome. >> just to echo kingsley's comments. were you here? i remember all i can do was hang my head in shame as it was read before us and they hand us this document and said we have to bring somebody in here to do something about this. so i guess i was the only one in there when i was interviewed,

right? i was the only one. you used the right word, systematically moved on with your own recommendation and added some of your own and you kept your eyes on the prize and kept moving the bar up. it's better than it going up. >> vice-president marshall, i thank you very much and if things were perfect, there would be nothing to aspire to, so we always want to have something to aspire to and i want to make the record very clear, i was not here when the controllers audit was released and when i was nominated by the police commission and appointed

by the mayor. one of the things that the mayor said to me is, okay, this is your challenge. i want you to make the changes that are in the controllers audit but i also want you to develop a relationship with the chief of police, with the board of supervisors and the poa and i think that the outgoing president of the poa was complimentary this evening. >> he's in a very good mood. he's leaving. >> but what you want to hear from the oversight agency is that you are fair and that is what we strive for, for fairness. >> thanks very much director hicks. >> call line item 3 c and 3 d

>> commissioners reported. >> i have nothing to report unless we get to line item 3. >> i went to the graduation. i loved how diverse the class was and a woman received the challenge physical fitness award and i was very proud that. it was great to see a short video compilation of what they have gone through and they had a chance to see where they were. one of the shocking things is the officers get shot with pepper spray and it was a state requirement and the

officers having survived that and i actually learned something new that day and have more respect for the people making it through the academy. >> i volunteered to be tased. >> pepper spray is enough. >> line item 3d please. >> we also had a language access meeting with members of the occ with the department to continue to work for the commission to just track. we are continue to go move forward on creating a series of videos that will train all the members of the department on how language issues can help them investigate in cases where the 51 -- the victims are particularly vulnerable. late in the day. it's important that that work continues.

>> line item 3d? >> commission announcements and scheduling of items identified for consideration at future commission meetings. >> dr. moral, announcements. >> i have a powerpoint that will only take about 40 minutes. [ laughter ] sfgtv did you get this? >> [ laughter ] actually next wednesday we won't be here. that's may 15th. on may 22nd we are back in this

room. we are having a special meeting on may 29 and that will be at the inningel side district. may 29, 2013 at 6:00. to hear comments from the public. >> from future consideration maybe it is a little bit due to this issue in the press. can we be briefed on what the social media policy is. >> we are just about done with the draft policy. >> great. if we can see that because it's in new york times and wall street jury journal. >> anything else? >> when do you think we can

have an idea. we'll wait until next meeting. >> okay. >> great. >> all right. ladies and gentlemen any public comment regarding line items 3abc and d. >> i will only have the office of citizen complaints from annual report and i don't have it with the amount that i shall apply in the future. i will comment tonight, this is completely occ centric. it's about this case load and their this and that. i have received four prior years. there is absolutely nothing to tell how citizens who file a complaint with the occ feel they were treated or what they experience. in other words, it's all focused on what the

occ things and as far as the people who participate in the using the occ, there is nothing and i can tell you after my experience in 2007 and after talking about numerous times about this year, i would never see a reason to file a complaint with them unless i needed to file a case in court. it's a pointless exercise. nothing but frustration and done in a star chamber atmosphere where you are not allowed to know anything especially the officer can say anything in here talk with the investigator and you are not evenen titled to know what they said. so far i see this as nothing of a village on paper. going forward i will combine the information from this report with others and my own experiences interacting with

those at o cc and the san francisco controllers report along with other materials i have available. in the decade between the 2003 reports and 2013, the changes in my view have been nothing but cosmetic. i don't know about you but i'm looking to forward future discussion. to you mean up my actions in this report. i think it's important to use a quotation from shakespeare's. it's a tale told by an idiot signifying nothing. >> we don't like calling anybody an idiot. we were laughing and fooling around before. you don't refer to anybody. >> who was i directing at? >> the reports. >> i'm not going to answer your question. >> i read a quote from

shakespeare. how was that an attack? >> i think though i thought the report is occ centric because it comes out of the data of the o cc, although i was surprise by the quote that perhaps after five years we could add in not for this report but a second doctrine, some type of end of the process evaluation to see how people are feeling about the process at the end of the year. and that is something i would be interested to hear how members of the public are perceiving how their whole interaction with the occ, the

outcome of that and i think that that is is a valid point raised. >> the customer satisfaction survey? >> something along those lines. >> commissioner hicks. >> i'm glad you raised that issue. the occ, since late 2011 has been sending customer satisfaction surveys out with it's preliminary disposition letters. and we have been gathering the data and attempted twice to have graduate students from the goldman school at uc berkeley evaluate. we were not successful in object obtaining a graduate student to do so, however, we now have a temporary investigator who is

compiling the data, mr. wiz skooe has prepared the data base for the input data, not just the numerical data but the comments as well and we are gathering that and will develop a report. >> any is there any additional public comment? seeing none, public comment is closed. >> line item 4. >> line item 4, adjournment. >> before we adjourn tonight we had a pretty substantial hearing. we heard about civilians, we honored a 35 year veterans of the san francisco police department from the police officers association. we heard a report regarding mental health associations and we heard from a psychiatrist about what we are seeing out here in

the street, we heard about a crisis intervention training how it's gone forward, we had reports from a victim of sexual assault who came forward who was courageous tonight. suffice it to say, this is a pretty powerful commission. i would like to an adjourn and he's probably going to be angry but in honor of the officer. do i have an motion? >> so moved. second? >> aye. all in favor say, "aye". aye. >> meeting is adjourned.

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