tv [untitled] May 11, 2014 9:30pm-10:01pm PDT
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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
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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
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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
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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
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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.
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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
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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
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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,
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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
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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
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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,
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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
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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
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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 individuals and as we saw tonight, children of arrested parents and the way that we do the out reach in addition to collaborating with the community groups, and also includes the community presentations, and nacol presentation and the oversight of law enforcement. and both, tamara and donna and
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i have done training at the nacol annual conference about our areas of expertise. and we also conduct training to other groups, and eric and ed mcmahon have done several trainings at the police academy on the function of the occ. and we also distribute materials and our website also provides out reach to the community by having calendars, and calendars of events and the calendar of events and our reports, and the news worthy items and moving to the information technology, which is i will not say that it is led by chris, because he is it it is handled by chris, and in
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2013, he continued to wrestle with the developer with the on-line complaint filing project. >> this is a project that we paid for that he developed, and he finished that on time and in budget and now the investigaters have a system that alerts them when key deadlines are coming up and it grabs the information from our data bases, and props. and both the investigators and their supervisors. and in addition to those projects chris also maintained and enhanced, and that he gathers the data and develops it for this annual report and
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all of our reports, that i present to the police commission as well as the reports that investigators might ask for in addition to that, he maintains and actually enhances our computers so that they support the data that we need. and our phones, our website and other technology and equipment. we have clerical units led by taylor and in addition to the profits and the complaints that we received and the closures that we make, she also with the assistance with the aattorneys, response to in 2013, responded to 400 document requests involving 742 officers, and that is the motion and the subpoenas from the federal court, and the back and in 2011, with the officers who are
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ultimately indicted and that was a massive, subpoena, from the federal grand jury, where we actually had to hire outside individuals to come in and copy and document, and it is labor intensive and this year we did not have to contract out, but, we have to order the materials from the storage facilities and about 7,000 dollars and reendorse the costs and moving to our report card. and well we closed 2013 with the fifth lowest number of pending cases in 21 years and we met, or exceeded that are gets which included things like investigators case loads, and as well as policy
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recommendations, and the percentage of concur ens between the chief of police and our sustained findings and our sustained findings and the police commission. and in addition to meeting our exceeded our performance measure targets we decreased the number and we have a recognized medation program and we have a successful community out reach plan and our according to an expert in civilian oversight, dr. sam walker, professor from the university of nebraska says that ours is the first in the country and ours was in first in the country and he posted it on his website, in addition, we continued to address ongoing investigator vacancies with a temporary, and you will hear next week that we have two temporary, and the next step, continue to manage the occ case and continue our program and continue to evaluate the sfpd
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policy and practices and continue to implement the community out reach, and continue to recruitment to fill the vacantcies and finally, to seek budget adjustments to fill the vacantcies and that concludes, 2013. thank you. >> i want to say, that if you have done a great job, the occ was a new agency at one point and it was an agency in complete disarray at some point and then you came over and it was an agency that was putting together and we talked about policies and procedures for the police department and you put the policies and the procedures and you laid a level of predictbility. and the level of professionalism and it is just, it is evidenced and in how we see that you know, the ongoing, or the ongoing goals are to work on policy procedures, and the police department, and i think that is an excellent report and thank you for everything that you have done. >> you are welcome. >> commissioner turman? >> she was first. >> i want to thank you for the
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report too, but i have to tell you, on page 3, the organizational and budget matters, i have questions, and as you know i am not really schooled on a lot of this so i am just going to put... and i understand that talking to you this is really stats from last year that we are talking about so i get that. so from last year, when we have and i also am bringing this up because you really should have a 17 full time investigators. and this budget requires, and you have not been able to do that given the budget. and so for last year you had 15 journy men, and so just the question that i have was there 13 for last year or did you have one temporary investigator as well? >> okay. so the question is how many did we really have? >> and then i noticed here that
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the positions 15 only 15 could be leveled, and only 15 level investigators could be felt in the budget mandate, and including the vacantcy back here on the step adjustment, and what does that mean? and what does that leave you with last year in terms of the number of investigators? and of course, i point out to you that is says, you have reduced the personnel budget of 370,000 and what does that mean? that there was a loss? or a surplus or able to attribute it anywhere else? and i guess that it comes down to what do we have now? this year. and i can look through all of that. >> and i know that you have some more reports coming up soon. >> thank you, so much. >> commissioners dejesus. yes.
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it is confusing. but the bottom line is, the city's budget process, for the departments is that, for each position, and that is included in the budget, but would it give us it takes away through two things and one is a vacantcy factor and the other one is the step adjustment factor, and the step adjustment factor assumes that every is mid step and so, it takes away anything that is over mid step, and so what a department has to do is not going into the deficit spending like we used to do because we are part of the police department budget and they didn't pay attention. but now they do.
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and, it is, not a deficit that is created by buying things, and it is a deficit that is created by having positions that one was budgeted for but this is, and this is a very typical of, public entities that are not paying, and it really becomes an issue when you have the deep classes where it is just a class and we start at a certain amount and it may increase by 100,000, and so the
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mid, and so it will be problematic and so what we have at the occ and i am grateful for that, and is that we have the staff that those is experienced and has stayed with the occ for a very long time. and so, they are at their top steps. and so i have requested through the budget process, that i be relieved of that, and that take away, because we are such a small department, and the impact of three positions is huge we do have, we say, we say 15, 8124 and investigators, and two temporary, and we have got, but we have got, four vacantcies,
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and three 8124 and one, 8126 and 8126 vacancy was created when he was promoted and so sherry hall is an acting 8126. and so, she needs a vacantcy. sort of. >> and then i guess that the question is so that similar to this 1650. >> we have 15. >> and of those two, one is acting and is there another temporary in there? >> well we are going to ask the deputy director... >> well, actually that is okay. we just did the math.
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>> we have 15 and out of the 15, one is the acting senior investigator and right now we have 14 investigators. >> okay. >> one acting senior investigator and we have two temporary police. >> okay. >> yes. >> and that is correct. but we, we, the charter requires 14, and it would require 14 based on the current police department staffing, and we have not fallen below the 14. and if we do fall below the 14, i have the authority, i am not sure how i do it but just to hire on my own. >> and the last question is that i know that the occ... something about last year. complaint and the complaints
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from last year. (inaudible). >> right, and i will provide you more detail next week with the first quarter report and the answer to your question is yes, there has been a spike but more important and i think that the spike is about i am thinking of, and it may be around 20 percent but it may be too high but more importantly, it is the types of cases that the occ is now receiving, and i have not seen in my six years of the director as many high profile community engaged cases. where it was interesting, when the individual spoke and the woman spoke this evening about it. and she showed two different complaint forms, well first of all those complaint forms, they
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are almost like the place holder, and it is the first impression that an investigator gets and an investigator is going to conduct a full investigation and that complaint form is not the whole case and plus in that case there is more than one complaint. and they are complaining based on, any number of things such as, what they saw on the tv and what they heard on the radio, and what they heard at a community meeting. so, the we have a number of high profile cases and what that means and it does not give them as much time as they would
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like to review them. because of and complexity of the cases, and the investigators are getting pretty backed up. and i envision that unless we get some relief we are going to be higher and higher pending cases, that as a backlog is going to grow. >> and so any way, thanks those are the questions that i have and thank you for bringing your staff and your staff does a wonderful job and i am glad that you are here tonight and the child dgo that we just did tonight was also very well done and i want to thank you for all of your hard work. >> commissioner turman? >> okay, so just to pick up on where commissioner dejesus left off, a little bit. so i think that i heard over the last four or five years 29
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