complaints in december of 2013 and adjudication of the complaint in december 26013. the presentation of occ 2013 first amendment compliance audit of the san francisco police department records purchase su ant to the department general order, 8.10. and occ budget presentation for fiscal years, 14/15, and 15/16. >> thank you, and director hicks welcome back. >> thank you very much. president mazzucco. members of the commission, and chief, and members of the audience it is good to be back. so, let's see, four reports five minutes. well, we will start with occ recent activities. last week i participated on a panel in santa rosa at the junior college and the panel was organized by the local aclu and in response to the community out cry over the

shooting of 13-year-old andy lopez by deputy sheriff lopez, and had a replica gun and so the community is organizing around wanting the civilian oversight and so i was invited to be part of a panel which included the community activities as well as the independent police auditor mark smith from bart, and the theme is that the occ is the gold standard in law enforcement and explained what the gold standard means to you i soak about how we structure the investigation and how it is structure and in addition to the out reach that i did last week, sam ramerian in january, and did out reach with san francisco women against rape,

where she discussed occ complaints or complaint process and the policy projects that she is working on and in addition, she met with the criminal justice committee with the commission and met the new youth commissioner and discussed the occ policy projects. moving to medations this year, the occ has mediated 7 cases and our immediatation coordinator donna salazar has been invited by lapd to talk with them and in los angeles about our immediatation program because they are going to lunch the medation program as well and they have also ex-tenlded the invitation to one of our mediaters. and today i attended along with other department heads and meeting in the san francisco

puc. to talk about the current drought condition, that at this point the lack of rain fall and snow fall, slated to be the worst in california's recorded history, and how the mayor will be proposing an executive order or issuing an executive order for the city departments to reduce the water usage by ten percent. and that concludes my report on recent activities. and let's see. what is the next one? >> the next one is the summary of december cases. and you have in your packets the statistical reports. i will not go through them in great detail, but the number of cases we received last year is similar to the one, and the number that we received in 2012.

727, verses 740. and then the percentage of the sustained cases in 2013 was 6 percent as it was in 2012. moving to medation of complaints in 2013, for the entire year of 59 cases were mediated compared to 63 mediated cases in 2012. mediated cases in 2013, comprised 8 percent of case closures and that is the same percentage as in 2012. moving to adjudication of sustained cases and sustained complaints, in december, the chief adjudicated four occ sustained cases in december.

one of them was a neglected duty for an officer failing to recognize that the complainant was limited in english proficient and it is closed because the officer is now retired. in another case, an officer violated the language access department of general order, and the officer was admonished and retrained. and in a third case, the officer failed to collect traffic stop data, this officer received a written reprimand because in 2011, the occ sustained the officer as well for the same neglect of duty violation and so that is the next level that the chief imposes for e585 failures. and then, the 4th case, was neglect of duty again for a failure to collect traffic stop data and in this instance, the

officer was admonished. >> and that concludes... >> well, i am not aware that the officer was retrained, that is not the information that i have. that i received from the department. and maybe the chief can speak to that. >> whenever an officer is admonished they receive the retraining on whatever policy or procedure they failed to get. >> >> the third report, is the 2013 first amendment come ploy ans audit of the police department purchase su ant to the department general order

8.10. the department general order 8.10 provides parameters for the police department when it conducts criminal investigations of first amendment activities. the compliance audit was conducted by deputy director eric who is in the audience as well as attorney sam romerian. and the audit did notify any areas of concern. the audit results found no irregularities, and there were ten records of request from outside law enforcement agencies. and those are detailed in the report. and the audit also found that the police commission log was complete. and we have no recommendations.

but, deputy director is in the audience should the commission have questions. >> budget? >> i will move into the budget. >> well, the budget. the mayor's budget instructions require departments to prepare a 2-year budget for 14/15 with reductions, one and a half percent the first year and one percent the second. for the occ, that total reduction of 81,000 dollars. since the occ's budget is personnel heavy, we have a five million dollar budget but it is 90 percent of the personnel

costs and the only place where that 81,000 can be found is in reducing positions. and the occ currently has 34.75 positions, and in order to achieve the reduction of 81,000 dollars, i am proposing the reduction of one position and it is 8124 position and that will reduce the journey level investigations positions to 16. and in addition, with that amount, which is approximately 130,000, we would purchase 2 vehicles to the tune of about $50,000. our vehicles have cng tanks, they expire when they expire, the vehicles have to be removed

from service or the tanks have to be replaced and that cost will be prohibitives and as an angive should the reduction not be taken, we are requesting that our two vehicles be replaced but a general fund equipment request, we will be making that request in our budget. and then, just moving through what is old news but still relevant and that is the controller's audit from 2007, where the controller found that these practices would be a caseload of 16 cases per investigator and we have never been able to achieve that in the office of citizen complaints with 17 investigators, and in an office case inventory of 323 pending cases and the caseload will average 19 cases. with 16 investigators a caseload would average 20 cases. right now, the caseload is

around 23 cases because we only have 15. investigators. and we have been, we have refrained, and actual event and prohibited from filling the 16 and 17th investigator positions because of a structural deficit in our budget which will include the step adjustment which assumed that the positions will not be paid at the top steps but we have a staff, which has been in place for some years. and what we have determined is that it, and this step adjustment factor is about 9 percent and it puts us at a $300,000 structural deficit, meaning that we can't fill two positions and so what we are going to propose for the budget

is to reduce that factor. and the first year, 5 percent and the second year, 4 percent. and then additionally, i am looking at the controller's offices and recommendations which i know this commission has heard for the six years that i have been on board. and is that we complete our investigations within five months and we have not been able to do that. because of inadequate staffing but not just that, with regard to investigators but also, with our information systems and our attorney staffing. and we have one information technology. business analyst. and he is charged with maintaining our data base and our hardware and our software and our server goes down, he is the one that must respond to that and he is charged with

developing software and he just completed the development of our auto prompt calendaring system. and also he is responsible for over seing the contract for the development of our on-line complaint filings. and so, the office would be better served should we have a second person on board and information technology and then, moving to the car replacement and i mentioned that earlier, in my presentation. one of our cars has to go off of the street, at the end of this month. and the second one must go off of the street in august of next year. and and while the city encourages using the pool cars that are in the city hall, and our deputy director is on call

for rolling out for officer-involved shootings and so you must have a car with him at all times, secondly, as i mentioned earlier, we do have some physical challenges on our staff. and in terms of performing functions and it would really add to the burden to need to go to city hall to get a car and then to take, use that car to do deliveries to the hall of justice. and because the nature of the documents that we are delivering to the hall of justice are highly confidential and need to remain in our custody and that is the only small percentage of the use of that second car, the remaining 20 investigators on the staff need to use that car to go out and do investigations in the field. and so, that concludes my report.

that we have been asked to reduce by 81,000 when in fact we need 300,000 to add aadditional staff and another 40,000, or 50,000 for new cars, and the reduction of the step adjustment factor and thank you. >> thank you, director hicks, it was good to hear in the beginning of the presentation, the santa rosa see it as the gold standard but i think that we again, we you and i have been in front of the board of purposes with regarding the audit or's report and the recommendations and you have made it happen, despite not being able to leave up the recommendations but i will go with you to the board of supervisors and i think that other commissioners will and i don't think that you should take an $80,000 hit on your budget and we will support you on that and give you my word and you are doing a great job with what you have and we want to be the gold stand sxard that means a good police department and i think that they go hand in hand and i think that we are

going to have to support you on that and you have my reward and i will be here with you as i have done in front of the board of supervisors committee and just one quick question, with the 40-plus percent increase in tickets that we have seen, has there been an increase in occ complaints if you can tell. >> i know that they are not logged in yet. >> but it is a little soon. but, the... the complaints are increasing, they are, i would say, i don't want to say percentage wise, but they are higher, this january, than they were last january. and there are a fair number of complaints that we received from individuals who are not happy with the tickets they received and so if those types of tickets are increasing i know that our complaints will increase as well. >> thank you director. >> commissioner loftus? >> thank you, director hicks

for always thorough and really helpful reports. and this might be located in one of the reports but i just wanted and you might not and you might need to get back to me but one thing that i noted is the cases that were sustained in 2013 i have 15 in the calendar year 2013 that does not mean that the investigation came to some conclusion where a case could be sustained. and so my question is does it list out somewhere what those charges were sustained for within 2013? >> commissioner loftus, i'm not sure that i understood your question you asked. you said that there were, no there were, oh, in 20, no, there were 43 cases that were sustained in 2013, 15 were from cases filed in 2013.

and 28 were from cases filed if 2012, and at a total of 43 sustained in the calendar year, 2014, including that. >> yeah. >> so of those 43, thank you for that clarification, do we have a list of what they were sustained for? so that we can have a sense of neglective duty or accessive force in terms of the policy implications of that and what we can learn from that. >> commissioner loftus that will come in the annual report that i will deliver in march. >> that is what i was remembering from last year. >> commissioner kingsley? >> director hicks, thank you for your wonderful and detained report as usual. i like what you have done with the case, but i think that you have restructured that a little bit that kind of clarity is helpful. >> do you know of the date yet where the board of supervisors

hears, the budget, is that set yet? so we will hear in terms of the department and the occ, you know, when that will be >> commissioner kingsley, i am not aware that the calendar has been issued >> i don't think that they have determined the order that they will present but when they present we will go on the same day. >> we don't know what that day is yet. okay. >> just out of cursosety, obviously with the drought the way that it is, we all have to be conserving water, and it is, and i applaud the mayor's leadership in targeting a ten percent, you know, reduction, i just curious as to how we measure that in terms of, or does the occ get a separate water bill? just kind of curious about it? it is just sort of, you know, is there a way of measuring that? you know, commissioner kingsley in buildings that have multiple tenants in city buildings, and

they do meter by department. and so, we are advised where we are. and we don't get billed, it is just part of our rent, but it is an awareness of how much water we are using and so, what the real estate department will be doing, is auditing the various city buildings to determine whether low flow faucets and etc., are in place, and taking whatever measures are necessary and then at the sfpuc, they did indicate that there would be incentives for individuals to retrofit and that they were getting the word out and in social media, and on the website and they would be providing information to the city departments so that we could publish it on the website as well. >> good, well it is important that we will be able to measure

whether we are being good citizens too. any way, thank you for that. >> you are welcome. >> >> low flow toilets. >> yes. >> and some, rebates for appliances such as driers and the like, and the point that was made today, was not only do we need to conserve with water, but also with the electricity, because with this drought, the water that had been used for generating electricity, may not be there. or will not be there. and so, we are going to need to not only reduce in our water, but in our power. and that san francisco fortunately, is in much better shape than other cities but that does not mean that san franciscans, should not conserve and the puc has and

san franciscans to reduce water consumption by 10 percent. >> thank you. >> you are welcome. >> call line item 4 c. >> thank you, director. >> commissioner reports and discussion, commissioner president's report and commissioner's report. >> i have nothing new to report this evening, commissioners do you have anything that you would like to report? >> you first. >> dr. marshal. >> this is just a perspective comment, i have recently was asked to go back to new jersey to work around a violence issues there and let me just say, this is not to disparage camden or to make san francisco feel good, but to feel good, but, they have or had 67 homicides in 2012 and 58 in

2013 and they have a population of 80,000 people. now, we had 800,000 people and we had 48, homicides here. i guess if you did the numbers, that would be like 660 homicides for that population in new jersey they have a housing project that they call little iraq and that is so bad that the police had to go in by helicopter. so, this is really to say you know, a lot of drug issues obviously, and a lot of drug issues there and this is to say thank you to all of the citizens of san francisco and to the department here, for not and for the safety issues that we have we have a lot to do and when you go to a place like that it could be worse, and so

just kutos to you and the city and the department. >> thank you. >> commissioner turman? >> i don't make the comments but i really do want to call out that this is a really special time in the department, because not only are we promoting about 74, 75 folks and celebrate that later this month, in february. but i do want to particularly note that command charlie was promoted to deputy chief and i want to congratulate him and he is a gentleman and hard working and he is much deserving of this promotion and i also wanted to congratulate commander for her promotion to commander as well. and i would be remiss if i did not say that i wanted to congratulate my friend and michael beal on his service to the department and his retirement, i was able to attend his retirement luncheon and since the day that i came

on this commission he has been very helpful, and he has been a really hard working, cares about the officers and cares about this department and deputy chief beal will be extremely missed and so please pass on his congratulations and i hope that he has a wonderful retirement. >> thank you very much, commissioner. >> commissioner loftus? >> so i beg the indulgence of my colleagues the report is of a personal nature, my mother, on 50 days ago on this day when she was 19 years old decided to come to the united states of america and make

i noticed that the secure community report came out and i think that this is largely due to commissioner turman and kingsley organizing ourselves and the report that we need and i like that this came out and i know that the department put a lot of time boo it and i want to be sure that we calendar it for the next meeting. and i do have just one question in there that i would like to ask. >> definitely. >> and thank you. >> we will put that on for next week. >> i have had a discussion, regarding the department general order, regarding the first amendment activities for the officers, on and off duty, social media, and they are working on that, and thank you for the update on that and we will get that on calendar as soon as it it is complete and it is a very complete issue because the officers do have rights and we have to balance that with the fact that they serve the public and they are

technically officers, 24-7 and so, it is an issue that we are going to tackle but we are taking our time and making sure that we are doing it right. >> anything further? >> commissioner turman? >> and i also want to bring to everyone's attention that friday is the 2014, african american read in and it is a tradition... and it goes back 30 years. and the problem is partners for the last 50 years or so, and san francisco unified school district, and it is a program in which the community leaders go into the classrooms and read along with children. and it is a special time i have done this for the last five years and i know that the chief participates a well and so pleased that this year, every single elementary school in san francisco and every single classroom has someone reading and we have a wait list but i

have signed you all up for next year. so p they will be connecting you and i hope that you can do it. >> great. >> thank you. >> thank you very much. >> okay, ladies and gentlemen. >> could i open this up two? >> yeah. >> what you have been waiting for. >> any public comment regarding line items 4 abcd? any public comment regarding these item? s hearing none, public comment is closed. call number five. >> discussion and possible action to terminate the assistant patrol special status of moises romero action. >> good evening, officer brown, how are you? >> good evening. >> what is our update? >> so this is kind of in a gray area, this is an assistant patrol special who was appointed but never sworn in and never given a star, never given an id and never worked a day. and from what i understand from talking with the inspector here, he was trying to work for

homeland security and going through the process of both of us for the same time and he got that job first and so he decided to do that job and that is what he conveyed to the inspector during the april first hearing. when he was appointed. >> myself, and the previous liaison have tried to contact him and i have left him messages, and sent him e-mails but he never responded. so it is more of a housekeeping issue to just get him off of our roll because he is not particularly an assistant and he was just appointed but never sworn in. well, you know, when this first came up, i reminded everybody that in the federal system they are not allowed to have secondary employment and i think that it was virtually impossible for him to be a special and that is what he figured out. so any public comment regarding this? >> hearing none, do i have a motion? >> so moved and i just wanted to say thank you, and i