unsolved homicide of her son and i know that the question that she left and i want the public to be clear on is what more can bedo and we talk about the need for evidence in that case and i know that we talked about this before. but if you would not remind what is needed in that case if there is anything that folks can help. >> we did speak before and i will ask again tomorrow of homicide if we received any information since we discussed it on the anniversary sadly. on the 7th anniversary. and i am familiar with the names, that we see. these are the folks that people are talking about, but as we just spoke of a moment ago, we need someone to come forward or some physical evidence that can tie the folks to be able to make the case. so we continue to ask the public for assistance, and we are hopeful that some day we can bring this to some closure. >> thank you. >> thank you.

>> please call line item number 2 b, please? >> 2 b, occ director's report, review of recent activity, discussion and presentation of the occ 2013 second quarter statistical report. presentation of the occmonthly comprehensive statistical reports and companion reports for the periods january 1, through august 31, 2013, and january 1, through august 31, 2012. and medation of complaints in august 2013 and sustained complaints in august of 2013. >> good evening, director hiks, how are you? >> i am fine, president, and good evening, members of the commissioner, chief and the members of the audience, we will start with the occ recent activities. in late october, the occ and the national association for civilian over site of law enforcement co-hosted a network event for civilian oversight practitioners in the bay area. and i would like to thank the members of the commission who

attended. and in addition to the san francisco police commission, and office of the citizen complaint staff we had representatives from several khifl an oversight agencies in the bay area and we are rich in the civilian oversight agencies. and we had the citizen review board, the bart office of the independence police auditer, and the commission and the oakland's citizen review board and also in attendance, was deputy chief loka and from the san francisco police department, and then, finally, the richmond police commission had representatives as well. the purpose of the event was to informed the attendees about the national association for civilian oversight of law enforcement and i am on the board of nacol and also to inform them about the office of citizen complaints. and to establish a network for the attendees of and including

future joint training sessions. and in addition, to that, last week, occ staff, staffed a table at a deferred action for childhood arrivals resource there. and that is a program for undocumented young people who meet the certain conditions and are pursuing education or military service. and well, it does not change their immigration status, it does, defer deportation. >> and so that concludes my report on occ recent activity. and i think that the next item is the 2013 second quarter statistical report. and that quarter ended july 30, and you have received several

of those statistics in your packets as monthly comprehensive statistical report and so i will highlight a few areas in the second quarter report and at the end of the second quarter, the occ opened 332 new cases, and closed 350 cases. and during the 6-month period, the occ closed 18 more cases than it opened. and i misspoke that period ended june 30th, the occ closed the quarter with 299 cases which are 26 less pending cases than the close of the second quarter in 2012. and by the end of the 2013 second quarter, there were 236 pending cases from 2013, 61 from 2012 and two in 2011. and by the end of the second quarter, case filedings had declined by 12 percent from the 2012 second quarter. so complaints against the police officers, were down 12

percent. compared to the previous years in the end of second quarter and the occ staff had some vacantcy and we are now in the process of working so that they can see and so there was a 14 percent decrease in the available investigators at the end of the second quarter, 2013 compared to the second quarter 2012, it did result in a higher caseload for the investigators and 21 verses 19 last year. and the average number of days to close the cases did increase, 6 percent from 161 days to 172 days, but, our goal is to conclude our investigations within 270 days, and so we were well within that goal for a very large percentage of our cases. and during the second quarter of 2013, the investigators close 176 cases with 79 percent of them closing within 270 days.

and only 3 took more than a year to close. but, they were not sustainable cases. and this is similar to second quarter last year where 78 percent of the cases closed within nine months. moving to sustained cases, the sustained case rate by the end of the second quarter this year was 4 percent, and compared to 5 percent in 2012, and in the second quarter of this year, the occ sustained allegations in 7 cases one of them was for failure to collect the traffic stop data. and the closure time for sustained cases improved significantly. and the percentage of sustained cases completed within nine months it increased to 71 percent, compared to 16 percent, the second quarter of 2012. and finally in the second

quarter of 2012 all sustained cases were completed in 365 days compared to one that was completed after 365 days second quarter last year but that was case was told and so it was discipline could be imposed in that case, and during the second quarter of 2013 sustained allegations of neglect of duty and 86 percent of them and, as i indicated one of them was for failure to collect the traffic stop data. and additional allegations included a conduct reflecting discredit and neglective duty and unwarranted action and then unnecessary force. and the chief discipline for adjudicating these occ sustained cases range from admonishments to suspensions. for complaints of note, the occ

maintained in the inventory two cases involving alleged misconduct of multiple officers and unlawful searches and sro hotel rooms and those cases are continuing to remain open, pending the action by federal authority. and moving to officer-involved shootings, the occ investigated five officer-involved shootings and during the second quarter, four of them resulted in the death of the suspect. by the end of the second quarter, the occ continued to investigate three of the case and we closed two and none of them are sustainable allegations but none of them involving policy recommendation and in the area of medation, the occ mediated 12 cases during the second quarter, compared to 23 cases during the second quarter of 2012 when the program had a record two months for cases mediated bye-bye the end of the second quarter we

had mediated 24 as compared to 36 in 2012. officer participation did decline during the first half of 2013. and nearly 14 percent of officers declined to mediate compared to 7 percent in 2012. and but, an informal poll of the officers indicated that they declined not because they were opposed to medation, but because of the particular facts of the case involved. and moving to out reach, they are listed in the report, our out reach activities but i will just talk about a few. and occ staff made a presentation regarding the services that it offers to a group at the center of juvenile and criminal justice. in june, staff members staffed informational tables at bay view connect, as well as the police department's career day for youth. and don salazar coordinator made a presentation to the

classes at the community boards and uc berkeley and also attended the peace makary ward luncheon as well as an event sponsored by the conflict resolution services in the area of policy, analysis, marion is the occ policy analyst attorney and the policy work is an essential part of the occ mission, and it is mandated by charter, and during the second quarter, that they may continue the occ policy work in the areas of abusive force and language access and vehicle pursuits. our work focused on enhancing the police department use of force, protocols and particularly concerning incidents involving mentally ill individuals in crisis, two projects were completed that were on the occ plate along with the police department. and in april, the police department issued the department bulletin, 13-067. the use of option and reporting

and medical assessment requirements. it implements the occ recommendations that the department use of force reporting and the investigation procedures, should include an incident when the individual complains of pain that persists beyond the officer's original physical control and hold and on june 26, this commission adopted revisions to the department, general order, 5.05 and the police department pursuit policy, and it placed pursuit policy and more decision making authority in the hands of the supervisor. and that concludes my report. >> thank very much, director hiks you have been very busy and thank you for hosting the conference and the case clearance rate is exceptional especially since you are down in staff. >> commissioner kingly? >> there is one more report, unless i should answer kingsley's question now.

>> sure. >> thank you, director hiks i doebt want to interrupt your flow, you are on a roll here. >> one more it is very quick. this is the august 2013, statistical report, and they are in the packet, the occ opened 73 cases in august for a total of 487 cases opened as august 31st, we closed 75 cases for a total of 486 cases closed. and our backlog is one. and as of august 31st, case filedings were down six percent from august 31, 2012. so, the year started out with the very low case filings for the 25 percent down, from the previous year. complaints are picking up and so, now, by august 31st, the complaint filings were down 6 percent from the august 31, 2012, in the area of medation it was a busy month in august 8

cases were mediated for a total of 37 mediated cases this year. and the 8 cases of the highest number of mediated cases, in the months in 2013. and 2012 was the unique there. and there was a month where there were ten cases mediated and another one where there were eleven cases mediated. now that concludes all mief reports. >> thank you. >> and commissioner kingsley? >> thank you, director hiks, always very thorough and gives us a lot of good information and we appreciate it. >> and i was curious around the drop and the percentage of officers that are willing to engage in medation. and you indicated that that was fact-oriented and based on the officers had said that this was being due to the facts of the case. and can that be characterized in any way in terms of the type or the factual type of case that it is.

and whether it is accessive use of force or just being disrespectful? and is there any factual pattern that arose in looking at those cases. >> not that i am aware of commissioner kingsley and i am sure that you are aware, cases that involve legal issues such as a search, or cases involving unnecessary force, are not mediated, generally. but i know, that what you are asking me is that is there a subject-type? and i have not been informed by miss salazar that that was the issue. >> okay. >> it would be interesting to know if there was some type of allegations that officers were particularly sensitive to and in terms of not wanting to mediate those types of complaints. >> we can certainly provide you with that information, that it is easy enough to do.

>> all right. >> you are welcome. >> anything further for director hiks? >> thank you, director call item 2 c. >> 2 c, commission report, discussion, commission president's report and commissioners report. >> thank you. >> and as the chief told you it has been a real busy time since the last meeting here at city hall. we had all stages of the police career, we had a graduation, for the 46 members of the 235th recruit class and is it was great to see the very diverse class and extremely well educated class and all of families present and the chief gave a great speech from that we had a ceremony and the chief missed this where we swore in 40 plus new sergeants and ten lieutenant and one commander and it was the next stage of the career where we saw the families proud of the members that are rising throughout the ranks of san francisco's finest and it was great to see them and it was a great event and it was an honor and a pleasure to

be there. >> and we had the police in fire mass and it is not what you think it is not catholic mass in a catholic church with a priest but we also had a rabi and a baptist minister and it is only san francisco event and the officers really appreciated the commissioners being there and it means a lot to them in honor of the police officers and firefighters active and retired who have died throughout the course of the year and it is a big, event and it means a lot to them and it is part of the history and the culture and we are the second oldest police department in the country. so there is a lot of ceremony and then we have the medal of valor ceremony it was an honor to in front of the officers that were awarded by the command staff and the medals of valor for unbelievable heroic activity and everything that a situation on post street where somebody was firing rounds between walls and a very crowded and inhabited area and set the building on fire and the firefighter kaos not go in because there was an active

shooter and the police officers did go in, and until they neutralized the threat. and we had officers in the middle of a bank robbery and laid back and waited because he would have risked the other people in the bank if he would have fired the shot and tackled the armed robber and incredible acts of heroism and some of these families that we are hearing about for the first time and the men and woman that came in before us were incredible and the officers involved in shooting and life-and-death situations. and i will tell you this commissioner stands by each and every medal that was confirmed by this commission, and i am proud and honored to serve as a commissioner for those officers who risked their life for our city, and god forbid any writer or anybody second guesses them or anybody who has never sit in their shoes, i will not stand for it and finally. we had a ceremony for the officers that left us. and you will know about the

police department when you go to one of those funerals and the command staff and the officers show up and the officer norman rice was a great guy, and he worked in the central district and he was three adam three david and his partner spoke and she talked about his career. and what he did for the city and what he cared about and it was just amazing and sad that he left us but honored to be in his funeral and it has been a busy time and i want to thank the police department. commissioners? >> just to comment on the medal of valor ceremony, it was not televised and i am glad that we are able to suggest that it be televised and it is like, i'm assuming this was one filmed and it will be televised but it is great that we now get to have that televised and the public gets to see the ceremony and i want to say another thing. it is actually great that we

actually know the officers, and really it is a nice thing when they come here to shake your hand and you know them and you know, you just really, really, great. and when you know them, and you know, they are just, this is a great thing to do and so i am glad that we do this and the look on their faces, and you know, not only do they, they are very, like if they really really appreciative of that and you can see it as they come down the line and shake your hands that is why they became the police officers in the first place and that is great to see that and i just got to comment on that. >> commissioners any announcements? >> commissioner loftus? >> yeah, i just i think that i am going to echo a lot of what my fellow commissioner and what the chiefs have said but 9/11 is a hard day for all of us and so i want to acknowledge the families and the victims and the people who were either going to work at the fire station that day or going to

work at the world trade center and said good bye to their kids and that was it. so i just feel really fortunate to be able to serve on the commission, and that has the level and caliber of first responders that this department has. and i just want to thank the chief, for his leadership and i want to thank the officers, because the reality is that nobody was planning for 9/11 to happen. and it is just the men and women of this department go to work every day and they go to work to run to danger not to run away from it. and they do it to protect the rest of us and so much is such a huge concept to keep in mind every day, but today, more than ever, i am very mindful of that sacrifice and grateful to our officers and their families. and the medal of valor ceremony i think i was very proud to be there and i was proud to honor the officers, for their bravery

and i want to mention, you know, president mazzucco mentioned a number of officers and there was one officer, lieutenant chap len and he has a 6 and a half-year-old that is two weeks younger than mine and he has a beautiful wife and he was in the middle of trying to dampen down a gang beep and his life was in danger and he was incredibly brave and it was an honor to see his family there, and see his child there, and see his fellow officers there, and his partners of adult probation, and it was increds incredible for any member of this public or commission to miss an opportunity to honor our officers in that way. the police fire mass i would say that again, we had a lot of moments of reflection and it was stunning to me the number of officers that we lose from the fire department and the police department in one calendar year, that mass honors the officers that we lost,

retired, and some of them retired and most of them retired this year, but again it is mindful that this is a tough job and i was grateful for the department honoring those families, because i think that the year after you lose somebody is really important and i am glad that the department continues to honor them. >> and on a lighter and better note, we have clutch on our mobile phones, and i just wanted to say that it was really powerful to do that announcement at the academy and to know that the recruits that are at the academy now and thanks, and almost, complete part to this commission, and the mayor and the board of supervisors funding those officers and they are not going to know anything different than having a mobile phone with that access. so it is really, sometimes we feel like the department does not keep up with technology or not keeping up with the world that is changing and so it was great to see that these officers will know a different way of policing that will hopefully i think that the chief estimated keep them on the streets, 40 percent more and so we hear at all of our

community meetings we want to see more officers on the street and so a big congratulations to the chief and great to see the future of the department. and finally, i know that we are not, you know, always responding to things that are brought up at meetings, but, i want to acknowledge that it was said tonight, that i think that a third of people who are in california, are undocumented and that a third of them are criminals. or that they are more likely to commit a crime and i just want to correct the record that the data actually shows that undocumented people are people that i immigrate are less likely to commit a crime. i think that the debate should be honorable and it should be based on the facts. thanks. >> >> commissioner change, thank you for correcting the fact about immigrants and i appreciate that. and just to put it out tl, the only thing that i know is to be clear and straight forward and so it seems like there is a lot

of frustration regarding the medal of valor and i would not sure if i could comment on why, but generally what i will say is that i was wondering about generally for the processes because i have been through several medal of valor votes and if there is a pending investigation and even if it might be almost closed, if it is not officially closed what do we do about that? >> anddy not want to single out an officer, and so when i looked back and reviewed my record of what i said that night to be sure that i was clear, what i said was the commissioner loftus rightfully asked, why i was voting no and i said on the record, it is involving a particular case, and i want to talk about it off line because i don't want to call out any particular officer, i don't want it to be about a particular officer. i want it to be about a process that is consistent for all medal of valors for us to figure out what they want to give them depending on the

process that is pending, there is a lot of frustration there and i don't want to take away from the officers earning their medal of valor and i am proud to shake the hands of the officers and see the families. and i attended the moral mass and i am proud of our department and i just want to be clear that it is a process, concern that i had. and perhaps, reflecting back on it, the best thing to do would be to say that i would like to continue this matter to check with the city attorney about how to address my process question that i had. i want to put that out there and i know that there was i commented in the chronicle and they asked me about this issue and i said no comment about this just like i said no comment at the time because i don't want to talk about any specific cases and i said generally i am concerned about any pending investigation and giving an award and i did not mean it at all to be any, offense, oif it was taken that way i apologize. really my concern is that over all consistent process and i am happy to work twa right side that and if the over all commission is concerned, i am happy to do that and any

individual commissioner wants to talk to me i am happy to do that. i want to make that clear that i respect the work and the sacrifice of our officers. thank you. >> commissioner dejesus. >> i want to thank the chief for the technology and i am proud that san francisco is one of the first to debut it and i am hoping and i am sure that it is just going to work wonders for our department, and so thank you, thank you so much for all of the hard work you did and all of the people that assisted you in getting that for the department. and commissioner loftus, i want to thank you for your comments as well for undocumented and i think that was really appropriate and so thank you so much. >> i have been on here a long time and in all fairness we have handled it in different ways in different years and sometimes we have prolonged giving a medal for a variety of

reasons and sometimes we have not and i think that maybe, we should agendaize in the future a policy or a process of how we want to deal with that so that it is done one way and there is no one end commissioner or any commissioner who is just that we have a process in place and that we follow property is hes and the department has department has guidelines on how the commission is going to forward with that, with the medal of valor issues that we have but i do want to say that a tended it and i thought that it was wonderful and it is a joyful event and it is alarming to hear about all of the different positions that our officers were put in and how hard it is to get to obtain those medals and so we recognize them and we think that the commission as a whole recognizes that it is fair to say that we handled it in so many different ways and sometimes we postponed it and perhaps we should agendaize this policy and how we want to

go forward and for whatever reasons, if there is a civil trial pending or other things pending and all of the possibilities that might ask us to hold off or delay things. >> i think that we should put it on the agenda and talk about it. i know that commissioner kingsley is good about process and sometimes, it benefits all of us as well as the department. >> thank you. and i want to know for the record that commissioner dejesus brother was one of the medal of valor winners and so it was quite a scene to give it to his sister. >> commissioner turman? >> i thought that i probably had made my points on this. but i will say this, i do not have a problem not now, not ever, with the way that any commissioner votes on any issue. yes, no, up, down, with me, or against me. that is not the issue, i have

no frustration over how anyone voted or any frustration about how commissioner chan voted. she has a right to vote and i hope that she exercises it in the way that she sees fit and my problem is and it remains, to hear the reasons expressed for why she voted, in reading that in the chronicle, instead of why it was not presented here, when specifically asked. i have a problem with that, it decreases the effectiveness of this commission and we are here to sit as a body to discuss among each other to pass on the issues that effect the police department, the occ and the community. and taking that away from us, and making it appear as if we have overlooked and not listened to a particular

commissioner, bothers me. and to want to ago ahead and answer daize this and talk about it, i will talk about it. but i will share my views as i am sharing my views now. and you will not read about it in the chronicle, you will hear it from me, right here. >> thank you. >> commissioners? >> i just want to reiterate that i think that we should agendaize the issue not behind us just going forward, regarding what our process will be and clarity for us, and clarity for the department and i think that will be healthy. >> chief? >> i want to reassure the commission that in this instance we did follow the