in october. the seven cases included a neglect -- three neglect of duty cases where separate officers in separate incidents failed to collect traffic stop data. each officer was admonished. in another case a sergeant's car was towed and was driven by an unlicensed driver, but the car's owner was sitting in the passenger seat and requested to drive the car, so the sergeant received a written reprimand. and an unnecessary force allegation, an officer used unnecessary force when attempting to take the complainant, fleeing jaywalking from custody by striking the suspect with the suspect's gun when the suspect was attempting

to flee. the jaywalker at the time was approached by the officer, the officer did not know he had a gun. >> okay. >> and the officer asked the jaywalker to stop, the jaywalker chose to run and tossed his weapon. >> okay. >> and the officer retrieved the weapon and was attempting -- two officers were attempting to detain the complainant and the officer used the complainant's gun to strike him in the head twice to gain compliance. in another case where allegations discourtesy,

neglective duty and unnecessary force were sustained, the inspector was in plain clothes failed to identify himself as a police officer while engaged in enforcement action. he used unnecessary force while detained the complainant. the officer was suspended. and a neglective duty case. officer failed to notify communications and her supervisor when responding to an withdrew it and refiled it in 2012. the one year statute of limitations expired in 2011, but the occ investigated the complaint for fact finding purposes. the chief classified

the case as non sustained the statute ran before the complainant refiled the case. that concludes the october comprehensive statistical report. then i will move on to the third quarter report for 2013. you have this report in your packet and in the third quarter of 2013 the occ sustained a total of 213 complaints and closed 168. and the third quarter the occ sustained allegations of misconduct or failure to take action in eight complaints and this is a 5 percent sustain

rate. the occ mediated cases, which is an 11 mediation rate. in august senior investigator erik was appointed by me to the newly created investigator position. he serves as chief of investigations as well. in the area of training the occ continued implementing its /stra tee /skwr*eupblg /skwreubg tee /stra for days of training at naco. at this conference attorneys on

policy recommendations for officer involved shootings and other incidents. copresented on a panel he presented on investigation. in september clerical staff members and investigators attended a department of health services training on non violent crisis intervention. in the area of technology occ's information systems, business analyst continues to work on significant technology projects. the first one, which i have discussed at several police commission meetings will enhance customer service for providing online customer complaint filing. another that leverages data in

the occ database to deliver reminder prompts to investigators as a case nears a deadline. for the on line complaint filing project the occ retained the services of an outside developer. significant progress has been made, they are doing beta testing on the system and we expect that it will be complete d by december of this year, the same with the auto prompt. the auto prompt system is being developed solely by chris, without the assistance of outside developers. as of october 31, the occ had

opened 559 new cases and closed 518. the cases that we opened by the end of the third quarter represent a 4 percent decrease over cases opened by the -- in the third quarter, 2012. during this nine month period the occ opened 26 more cases than it closed and while we do have a backlog we attribute some of that to the week of training that several employees attended at the conference and then also the four investigator vacancies. unfortunately we will not be able to fill those vacancies or even use temporary funds to fill them, probably until next

fiscal year. and even though the budget provides for 34.75 positions, because we have a small -- because we have a small department, a small budget, when the attrition factor and the vacancy factor is factored in, it leaves us without enough money in our budget to provide for these positions. moving on, we close the quarter with 348 pending cases, 32 more pending cases than the close of third quarter 2012. then moving to case loads and disposition of cases, the /# percent decrease in the available investigators at the end of third quarter in 2013 resulted in a higher average case load. the average number of days the

closed cases dropped 17 percent from 166 to 138 and we do have a goal to conclude our investigations within 270 days. moving to sustained cases, as i said earlier the sustained rate was 5 percent and that's compared to 6 percent third quarter 2012. during third quarter 2013 there were sustained allegations in 5 of the 68 complaints. four of the complaints were sustained or 80 percent of them were failure to collect traffic stop data. sustained complaints for failure to collect traffic stop data other allegations, other than for failure to collect traffic stop data, that is

sustained allegations, this were two conducts reflecting discredit sustained cases. one involved an officer losing his temper and saying intemperate things and the other officer was using profanity to a bicyclist. in another that officers must take complaints and not refer individuals to other stations. then finally, the occ sustained an unwarranted action allegation and this is that i

mentioned in my october comprehensive statistical report and that is towing a car when there was a licensed owner in the passenger seat. the chief of police /aeu adjudicated 5 cases in the third quarter as follows. in the neglective duty case an officer parked his vehicle in the designated bicycle lane in front of fox plaza when he was there on non emergency business, the officer was admonished. an unwarranted detained and searched the complainant while the comb complainant was at a lick liquor store and unconducted a probation /serb search of an occupants room but

did not give the complainant a property received from the items received from the room. the sergeant was suspended. a sergeant failed to contact the department of emergency management when he conducted a traffic stop and he also failed to collect traffic stop data and received a written reprimand. in the fourth case, which was neglective duty, the officer failed to take the complainants complaint and the case that we also happened to sustain for that quarter and the officer was admonished for that. in the fifth case, conduct reflecting discredit and i mentioned this case earlier, the officer was admonished for being intemperate. and the complaints of note we

still maintain in our inventory the single occupancy hotel cases where we are standing down until federal authorities have completed their evaluation of those cases. we have /thaoe officer involved shooting cases under investigation. in the area of mediation during the /tpeurd quarter the occ completed 18 mediations compared to the third quarter of 2012, and by september 30 in the third quarter the occ had mediated 32 cases to date, compared to 48 in 2012. in the area of outreach we engaged in several outreach activities, which are in the report. policy analysis, which is largely conducted by attorney

sam rasmirian. she focused on the area of language access and also protocol for children of parents. in the area of language access, miss marian worked with the department on an officer training deal entitled investigative techniques for overcoming language barriers. as i stated earlier in working on protocols for children for arrested parents in 2006 the department worked with over a dozen child welfare service and community agencies to address the immediate care and well being of children following the arrest of their parents. this culminated in a department bulletin and that has expired and so miss marian did work with the department on renewing

that department bulletin and as i understand it is in concurrence. that concludes my report. >> thanks very much . you being down four investigators is causing us some concern so i think we need to address that. >> thank you for a very thorough series of reports and commissioner raises a good point, the vacant positions are raising concerns. if i understand correctly, you don't think you'll be able to fill those positions which is july 2014? >> this is correct, and the reason being, it's a structural deficit. it is not uncommon for city departments. i was told by the

budget analyst that, for example, the police department is holding 100 positions open and even though positions are identified in the budget and the budget appears to fund those positions because there is an attrition factor, as well as a step adjustment factor, it causes a budget to not be able to fund all of its positions. what i have at the office of citizen complaints is -- it's called step adjustment that automatically happens and it's a decrease. because there are, for example, attorneys at the top of their

steps and investigators at the top of their steps, this counts against that step adjustment factor. and so even though we don't have all the positions filled, there is not enough money to pay so i was not authorized to even hire temporary. an it is of concern and for smaller departments it is very unfortunate because when you consider that all of these -- there are four vacant positions. well, right now one of them will return, one of them is on extended leave and is expected

to return, but when one considers that, that's 10 percent of the budgeted positions and because of the math it can't fill them. >> all right. perhaps we should set up a time to discuss and find out exactly what the commission can do to help in this process and to address issues with both your budget analyst and further ups to see what we can do to get -- as i understand, this has been an issue for a while and i'm concerned about it as well. another issue i heard in your report -- now i'm concerned about this as well. failure to collect traffic stop data it seems to be increasing, rather than decreasing. am i correct in that assessment?

>> vice chair terman, i don't know that it is -- i would have to take a look and compare the first three quarters of 2012 with the first three quarters of 2013 and let you know. it kinda goes up and down and when -- as i understand chief's policy and certainly chief antonio can advise, when someone is us stained for failure to collect traffic stop data the first time it's an admonishment and then if it's more than once, then the

discipline progresses and one officer who refused to collect traffic stop data and stated that in that officers interview with the occ, that that officer did have time to do it, that officer was suspended. >> yeah. i understand the progressive discipline we have in place, but i want to -- i guess i'd like to hear more information on those comparisons between 2012 and 2013, the first three quarters, 'cause i'd like to know the affect to have this, and discuss what we need to do about it, if anything. >> yes. and i will provide you with that information and i look forward to meeting with you to discuss alternatives for the budget. thank you. >> commissioner chan.

>> i have a similar question about the traffic stop data, just add my question to it. the repeated failure, it's a warning first and if they continue to not collect data, that's when suspension or something more than a warning is warranted. are you seeing a lot of repeated failures? are these all mostly admonishments, warnings? >> admonishment, same thing as warning, yeah. yes, they are mostly admonishments. >> mostly first time offenses? >> yes. >> okay. do you know at all how many of them are repeated failures? >> i do not have that information, but i can provide that. >> i'm glad -- it's something that concerns all of us.

it's required in california to collect it and i think it's important. i think we're just asking for more detail so we can understand how to address the issue. >> yes, it's my pleasure to provide you the information. >> also, i just kind of circled when i saw the unlicensed driver case too and was curious if that was just a one off type case. i know this department bulletin when it was adopted. i know it was a really important bulletin dealing with towing and cars getting towed. some cases cars gets towed and it costs lots of money. i haven't seen a lot of violations. i'm wondering if this is unique or has happened other times the occ has seen. >> commissioner chan, in this case, this did not involve an immigrant. this involved two african american women and it

is unique to its particular facts. >> interesting. and this bulletin certainly was meant to help everybody so that's interested. okay, good to know. and then last thing, con congratulations to the executive director position, but i want to know now that the position has switched to deputy director, if anything has changed in terms of responsibilities or is it just a title change? >> no. it is not just a title change, commissioner chan. a deputy director is an exempt position that serves at my pleasure and in addition to having the responsibilities of chief of investigations, the deputy director is involved in

helping me to determine policy, greater management and supervision for the office of citizen complaints, greater responsibility with regard to the budget. >> and with the -- for the purpose of giving you more freedom in that way and also to -- >> these are personnel matters. the last time this issue came up the city attorney was very concerned about discussion about it. it's a personal matter so we can't discuss it in front of the commission it. . it's out of our jurisdiction so -- >> okay, that's helpful. thank you. that's it. those are my questions. >> commissioner kingsly. >> i just wanted to follow on the heels of the conversation regarding the deputy director

only to say that i think structurally, it's a wise move in the department to have that filled and to have such a capable person in that position. good move. great. thank you. >> thank you very much, commissioner kingsly. one thing that i will say as a close to conversation is that i contacted oversight commissions, it is common in oversight agencies to have a deputy director. thank you. >> bottom-line, it works better for you; is that correct?

>> that is correct. >> thank you. >> please call line item 3c. >> commission reports discussion. >> i have nothing to report. commissioners, anything you'd like to report. please call line item 3d. >> announcements and items identified for consideration at future meetings. >> other than we'll be dark next wednesday, there'll be no meeting on the 20th or the 27th in observance of the thanksgiving holiday so our next commission meeting will be december 4 here at city hall. >> that sounds -- christmas is near. well, the holidays. with reference to consideration, i know i keep asking about the status of the department general order regarding the social media and the first amendment activity of officers, a delicate balancing that came to be with the

general order that we are looking at, and then recently it's come to a head in san jose where some officers were posting on facebook so i think we need to be more ahead of this. i know wc attorney is working on this and it's going through the works, but i've been a little patient and maybe i'm getting a little impatient. i think we need to do it in december before it become an issue for us. >> ask for a certain date or... >> i do, i put the second week of december. >> the 11th. >> thank you. >> commissioner chan. >> i wanted to get a sense of what we're working on in december knowing that we only have a finite number of commission meetings left and what dates we're meeting in december 'cause i know we put a couple things towards december and i want to make sure they're on there.

>> december 11, -- december 18, and then christmas shows up. >> so we only have two meetings in december? >> correct. >> okay. >> 4th and 11th. >> 4th and 11th, correct. >> i remember that we talked before about the awards issue and if we're going to deal with the procedures -- if there's a pending investigation and giving officers awards and we mentioned december. i don't remember if we set a specific date. >> december 4. >> i remember i was talking december, so if we want to still do it december 4 or 11 and time that before the next awards ceremony. >> i agree. i think we should do december 4 and i've raised concerns about the whole /seurb shoe was the investigation complete.

it turns out what we're learning is the police department's investigation was complete, everybody's just sitting around waiting for the investigation from the da's office. what i suggested before with an analyst who was doing an examination with the department is we don't need to wait for that. the department makes its own determine nation on whether cases on whether cases should be brought to da's office and i'd like to see them do that, so that we leave the officers out there in limbo and we leave the individuals who involve their families out there in limbo so that's one thing we need to talk about and get taken care of sooner and that's a part of that. >> well, respectfully we're going to talk about it on december 4? that what i heard? >> yeah. >> that's done. >> so december 4. thank you. >> that's it. all right, anything further? hearing none.

>> yes. >> commissioner kingsly. >> our scheduling resolution can help guide us in terms of what is fixed on our schedule from week to week, and i was looking at it as we came in to this meeting and see that moving into december, the december 4 date brings us around at that time of year again where we're looking at budgetary matters and we have scheduled for the december 4 meeting, addressing the capital budget, capital budget versus is operating budget so whether or not there will be requests this year from police department for capital items. is that something that the department will be able to address on