occ so i'm still in limbo six months later. and as far as miss brown here, something for the commission to think about or victim services in the sftv maybe possibly when this happens, offering a connect to the small business administration to get her under an advocacy business license, a non profit business license, if there's something that the city can do to facilitate that so that victims of violent homicide or any sort of issue, if they want to be an advocate for the public and other victims of like circumstance, maybe putting a program together for that might be

something to think about, not that you don't have enough to think about already. thank you. >> thank you very much. any further public comment. hearing none, public comment is now closed. chief's report. >> chief's report discussion, review of activities. >> i bring up last wednesday morning, the city suffered its 39th homicide, which occurred during a -- what was a shooting in and out of cars at about 4:50 in the morning on november 6. i bring this up because there's been a lot of coverage in the media about a pretty reprehensible attack on a sleeping homeless person at 4:44 that same morning at that exact same location. there hasn't been any mention that it happened within six minutes of the homicide, but that was the case.

responding officers to the call that there had been an assault, when they came on scene, the person who we've determined to be a woman and we've identified her and had her examined by an ambulance last night, got up and walked off and said she was fine, didn't want to make a police report when within 90 seconds to 120 seconds of that, there were multiple shots fired and understandably all officers in the southern went to what ended up being a homicide. it's not an excuse as to why what didn't get done, but the officers that went on scene had no way of knowing the brutality of that attack because no one knew until they saw it on the video. as soon as we were made aware of this, the officers began working about inearnest as you could, made a john doe report

and have since located the victim and made sure she got medically assessed and we're now pursuing what we hope to be the person responsible. now we're just calling it a person of interest, but that person's already been identified. i want to assure the public as soon as we were made aware of this event, there were no resources spared and the officers did a great job of identifying it after the fact. as far as current events also in the department, department command staff, the mayor and the fire department command staff marched together on veteran's day to recognize our -- those that have been in the armed services, which is a big honor for us. today i was at the alameda oes for the zone two meeting with the attorney general. she actually recognized the department for some of the progress we made in the area of technology and the justice

mobile act and the smart phones and /aeu nouned there'll be a new initiative coming out that the attorney general hopes will join all counties in california for shared regional information sharing, which is something people have been talking about, a bit of a holy grail since 9-1-1. also, the san francisco police department was recognized, officer /phab lo for their efforted during the saving of the elderly woman at the fire. they were recognized with an attorney general's award, which was a nice thing to do since all those other law enforcement agents were present. the thing that everything keeps asking me about in light of all the other great work the officers are doing, everybody wants to know about that kid.

on friday, the department and partnership of make a wish will have the assistance of that kid to save the kid, damsel in distress, make sure the city's taxpayers bulk is not taken and finally, we'll save lucille so we have lucille for next season with the giants and then it'll close with the mayor presenting that kid with what he might find to be a very tasty key to the city that day. when this happened, we do a lot of work with make a wish and other charities, we go in the bay twice a year, we do tip-a-cop, many things, and many people come forward to help out and we were hoping we could get a crowd of about 500 on friday to give that kid his hero's welcome, miles, who is suffering from leukemia and

wanted to be bat kid for a day and so for we had 7100 rsvps for the event. people came forward and a t-shirt was designed. they sold out completely, all proceeds going to make a wish. there's another run going forward. anybody and everybody is welcome to come down and thank bat kid for the efforts he will make for the city that day. it's great to know what a great city we live in, that everybody would come together for a sick kid like this. 250,000 hits from social media, it is the definition of cool. >> thank you chief o'hare. commissioner kingsly. >> don't call me anything to do

with hair. from the commissioners here. >> thank you, great news. >> that would be. any further for the chief. none from the commission. please call line item 3b. >> occ director's report discussion, review activities, presentation of occ's 2013

third quarter statistical report and reports from january 1, 2013 to october 31, 2013. >> i apologize for interrupting, but i'm going to excuse myself. tonight is the 19th anniversary of the murder of jim gelf and i wouldn't want to miss it. >> mediation complaints, october 2013 and adjudication of sustained complaints and october 2013. >> good evening director hicks. >> good evening, members of the commission, deputy chief, and members of the audience. this evening i have three reports. i've mailed the briefs because there are three of them. for occ recent activities last

thursday attended a networking event where i described my office at the office of citizen complaint to both hall alumnae and current law students. also that same day sam, our policy analyst attorney met with children of incarcerated parents and she met last week with language access grantees with whom the immigrant affairs had arranged for her to meet. that concludes my report of recent activities. moving on, the october comprehensive statistical report. you have those reports in your packet, the monthly summeries of complaints received and disposition thereof from

january to october 31, 2013 and the companion report. i'll focus on mediation a bit. before i do that, in brief, through october 31, the occ opened 618 cases and closed 603. we have sustained 30 cases as of october 31 for 5 percent sustained rate. now moving to mediation of complaints in october. eight office of citizen complaints were mediated in october, compared to five in october 2012. between january 1, and october 31, 2013 for a total, 50 cases were mediated, compared to 53 during that same period last year. the chief adjudicated seven cases investigated by the occ

and he adjudicated those cases 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