>> we are in open session with the full quorum. >> now we are. >> okay. >> we are back in session, please call item 4 b. occ director's report (discussion) - review of recent activities - presentation of the occ's 2013 annual comprehensive statistical report - presentation of the occ's statistical reports and summary of cases received in february 2014 & march 2014, mediation of complaints in february 2014 & march 2014, and adjudication of sustained complaints in february 2014 & march 2014 - presentation of the occ's outreach strategic plan

>> thank you, and good evening, director hicks and i apologize for the delay, but thank you. you are welcome. president mazzucco, good evening. good evening, vice president turman and members of the police commission, deputy chief, and chief, anmembers of the audience, and most of whom are my staff. so there are several months worth of reports on the agenda tonight. and i am glad that we are finally able to proceed with them. but, to spare you, i will not deliver every report this evening as an example. in with your consent and with

the february and the march statistical report, i could just do briefly, the community out reach strategic plan and i can wrap into the annual report. and but if you have questions, of course, i am happy to answer those and then next week, i will be delivering the occ, first quarter 2014, report so that is going to be resume in january through march of 2014. so, tonight i am presenting the occ 2013 annual report. and i would like to give and we have a powerpoint. that needs to come up and while it is, i would like to recognize chris, chris has been here before and every year he comes. and he is the occ information system business analyst, and is responsible for our information

technology and monitoring on-line complaints, filing projects, and anything electronic. also in the audience this evening, we have the occ attorney staff, and i would like for you to stand up, and before i deal with the attorney staff, of course, the occ, deputy director and chief of investigations eric baltazar appointed to that position in august and fairly new in the position but not new with the city, the attorney staff led by frankle, and also, included is forbes who is a child attorney for the occ, and earlier this evening you have heard from sam romerian and the policy and the analyst attorney and then last but certainly not least is

donna salazar and we also have in the audience, two senior investigators and one acting senior investigators and so they are all senior investigators and please stand up and we have dennis in the front and ed and sherry fletcher and i think that i have included everyone. thank you very much. everyone, here and those who are not contribute to the success of the occ. and contributed to the statistics that are here and the report that i am going to deliver this evening. this evening, we will talk about several topics and we can move on to the next slide. the history of the mission of the occ, the organizational and budget matters and investigations and state and national trends and law

enforcement and policy analysis, and medations and out reach. i know that the police commissioners have heard this many times from our monthly community meetings, but the occ was created by a board of supervisors initiated charter amendment in 1982, we became fully staffed in 1983, we are under the jurisdiction of this police commission. and our mission is to investigate complaints or neglect of the duty, promptly fairly and impartially and also to make policy recommendations. this is my sixth year leading the occ. and we had challenges with our budgets, and because of step adjustments and that is a factor that is used for all

city departments budgets while positions are budgeted fully budgeted then what is given is taken away by the step adjustment factor and the vacantcy factor and in fact, it is total 270,000 dollars for us, and caused us to have to keep positions vacant. and in addition, the occ has been constrained in hiring permanent 8124 investigators because of the volume of work that human resources has. and the fact that we get to cue up and we have been working closely are human resources and i will talk about that in my first quarter 2014 report. and where we are about to

launch, an announcement. and the charter requires that the occ maintain the minimum staffing of line investigators of one line investigator to every 150 police officers through by using temporary investigaters we have managed to squeak by, and but, that is not the whole story and i will get into that a little bit later. and well, the whole story is that controllers audit and in 2007 prior to my tenure, and indicated that 16 cases per investigator was the ideal, best practices for civilian oversight investigator and so the formula to the charter does not really answer the question for the occ. and let's talk about the occ personnel, and we only have two managers in the occ, the deputy director/chief of investigations and more than half of the staff our

investigations and the remaining balance and attorneys and technical and clerical staff. and in 2013, of the investigation, unit, led by the deputy director eric and received 227 complaints and investigated the findings on 722, that means that unlike in some prior years, we did not close as many or more cases than we opened, but we didn't fall too far behind. and then we closed all but 22011 and by 2012 cases those cases were the henry and julian hotel cases and officer involved shootings just to talk a little bit more about eric, he is occ first deputy director. and i appointed him in august of 2013.

he is a 19-year employee of the city of san francisco and 15 of those years have been served in the office of citizen complaints. and moving to the caseload summary, for 93 to 2013, 727 complaints in 2013, represented 24 deviation from the base line meaning that is lower. and than the average. and the 21-year average is 950 cases and the 722 cases n 2013 represented 23 percent deviation from the 21-year base line and the average number of complaints is 936. and in looking at the types of at the cases, the actions that we took on cases 43 complaints had at least one sustained allegation in 2013, and again, that sustain rate is 28 percent

deviation from the 21 year base line and 6 percent for the sustain rate and the 2013 and 2012 rates are comparable. the occ, has in 2013 several cases of note, meaning that they were complex, and involved multiple officers, and or they were high profile, and they did then may have involved an officer involved shooting involving a death. and the 9 cases of note included the two cases involving the five officers who were indicted by the federal grand jury and the one prior officer, former officer, who was indicted. and the occ, is investigating

that case although, the 3304 statute of limitations is told pending the criminal investigation. and we are closed in 2 officer involved shooting cases in 2013, and neither one of those had findings of misconduct, although, one of them contained significant policy recommendation. other cases of note, one of them, involves as a missing female patient found dead in the san francisco general hospital stairwell, allegations of failure to investigate. and we recognize that there is more than one jurisdiction involved that the sheriff's office is involved and we do not investigate the sheriff's office but we have an obligation and a duty when we receive a complaint to investigate and another case of note is an officer's response to a by stander who was video

taping an officer and the gardens incident and unnecessary force and unlawful conduct. and looking at the dem graphics of our complainants, caucusings 35 percent, african americans, 28 percent, and latinos, and hispanics, 12 percent and asian americans, 6 percent of our complainants. and moving to case intake by language. and by far, the largest percentage of case intakes that we had were in english, 95 percent, spanish comprising another 3 percent and we do have two, maybe spanish speaking investigators in on the occ staff.

and cantones, and man da drin and korean and less than one percent of our case intakes. the types of allegations we received in 2013 varied from unwarranted action, which were 33 percent, and of the allegations and neglected the duty 27 percent, and conduct reflecting discredit 26 percent, and unnecessary... ten percent and discourtesy and racial slur and all under five percent, the findings that we made in the allegations that we received in 2013 and there were 2144 allegations, involving 535 officers, and 51 percent, not sustained, and the proper conduct, and 25 percent, and we sustained 3 percent of the allegations, and unfounded meaning, that we found it that

the allegation was untrue and 2 percent no finding of 6 percent and the no finding can be where the complainant stopped cooperating, and where the, or there is no rational basis for the complaint. or, where the complaint is against another involves another jurisdiction and it does not involve the san francisco police officers and then no finding withdrawn and then that means that the complainant says that i don't want to continue with this case and we have a protocol for that, and we request that the withdraw be recorded, of course, they don't want to and then that is that and but the bulk of them are recorded and we ask a series of questions and the investigator asks a series of questions to determine whether or not there has been any coercion in the withdraw of the complaint.

and moving to the types of allegations where we found misconduct or neglected duties, 56 percent of the allegations and of those neglect of duty, sustained allegations, 35 percent of those cases were for failure to record traffic stopping and unwarranted action was 24 percent and conflict reflecting credit ten percent and unnecessary force, 7 percent and discourtesy 3 percent and the discipline imposed by the chief of police or the police commission depending on the level of discipline. and moving to staffing trends. get that. slide. and looking at san francisco police department staffing trends 2 percent decline and

sfpd staff between 2012 and 2013 dropping from 2178 to 2126 officers and calls for service dropped by 22 percent between 2008 and 2013, there was 76 percent satisfaction rate with the sfpd, officers up four percent from 2012, complaints against the department, dropped 29 percent, between 2009 and 2013. and we researched whether that is a phenomena that existed in the others as well and it is, in the state, 17 percent, there was a 17 percent decrease in the number of citizen complaints against a peace officers and between 2008 and 2012, of 2013 statistics were not available and there was a 9 percent increase of those

complaints between 2011, 2012 and so we will know next year whether the complaints are increasing state wide. and nationwide, the police misconduct have decreased in several civilian oversights and the largest decrease, next to sfpd is new york, 28 percent, and washington, d.c., 23 percent and chicago, 8 percent. and investigators case loads, in 2013, the average was 21 cases, and i will go back to the 16 cases per investigative best practices and we only have 13 investigators with full case loads at the close of 2013 *, and that is because one of our investigators sherry fletcher who is in the audience, is an acting senior investigator, and we had another investigator on leave but we did have a

temporary investigator and we now have and we actually have two temporary investigators. and moving on to some of the other units in the office of citizen complaints the legal unit is headed up by frankle and there is two trial attorneys on that unit and frankle and forbes, and they provide sustainability reviews, and finalize the report and they prosecute the cases before the police commission. and defend the cases in the chiefs hearing, and they last year they prosecuted eight cases involving eight officers and five in the chiefs hearing and three commission cases. in addition, the legal unit is rounded out by two other lawyers, sam ramerian who is a policy analyst and donna who is the medation and out reach

coordinator. and frankle has alleged illegal unit for the chairs. policy, analyst, analysis and you saw that in action this evening. with the children of incarcerated parents, the department general order that is a way that our office works with the police department, and in community policing issues and connecting the community with a police policy. in 2013, sam rameria recommended expanding officer involved shooting review to continue to implement the language access and juvenile protocols including the development of a training video, which has been produced and is on-line, detecting and overcoming language barriers. and revising the policy to

include, the complaints of pain, and for use of force, reporting and while one of our, charges, is to investigate disciplinary matters, the far-reaching charge that we had in policy analysis, is to make recommendations for policy, that effect the entire police department, and the entire

community. 59 cases were mediated and that represents more than 1 percent, and the benefit of medation is time saving and cost savings and the career satisfaction for the officers, and last year, donna received the president's award from the association of dispute resolution of northern california and the number of days that it takes to... the average number of 99 days as opposed to an investigative case which is 156 days. out reach, is an important aspect of the work that the officers of the citizen complaints does since 2008, the occ, has had an annual community out reach strategic

plan and you have in the packet, the 2014 community out reach plan. and the mission of our community out reach is the transparency about the occ services and accomplishments and to strengthen our relationship with the communities that are historically and statistically likely to have encounters with the police to enhance the ties, who are isolated from the police service and to work with the community groups and the other agencies and the police department to find effective solutions to enhance the police community relations and services and some of the examples of that community, elaboration, and the community based organization, and involved juvenile policing, policies working with the youth commission, and language access, and services during the police, interactions, with the limited english proficient di