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tv   [untitled]    May 20, 2014 10:00am-10:31am PDT

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pretty well conzeal organization. their calendar is filled. i fill one of their major events. i can certainly extent the visitation. i'm sure the police commissioners would like to attend any of their events. >> commissioner loftus? >> i just had a question, chief, i think i read today, your water bottle. i read today in the case of alma mull ak that that case was not charged by the district attorney's office. i certainly want to know what our take is on that? >> the alma lack case is very well publicized collision that occurred at 6th and folsom in
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which our initial investigation we missed a video camera that captured it. originally it was thought that the collision was the fault of ms. mull ak . that ended not being the case. we apologized for missing the video and we did get it right and we adjusted the report. it was a very good investigation as far as the completed factual analysis of exactly what occurred and the d. a. came back not believing that there is tlz any criminal case being made. a citation issued to the driver for the cause of that collision. >> okay. then i just wanted to say on the enforcement side, jor yorba boulevard there
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was a traffic accident and we have lights on there. looks like the city family is making that safer but looks like the police department is getting that fixed. >> we'll get a traffic signal before the end of the summer and there will be police presence. in the abundance of caution we don't want lightning to strike another time. >> thank you. >> anything further for the chief. hearing none please call item 3b. city clerk: occ directors report discussion. review of recent activities. presentation of the occ first quarter 2014 comprehensive statistical report. presentation of the occ statistical reports summary of cases received in april 2014, mediation of complaints. april 2014 jud indication of
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suspect sustained complaints in april 2014 and companions reports. >> good evening. commissioners, chief sir and members of the audience. this evening i will discuss three reports. the first one is our recent activity. this year to date, the occ has opened 286 cases compared to 245 -case as of may 2014, 2013. this is a 17 percent increase in cases. with pending cases, it goes the other way. in 2013, the occ had 305 cases as of may 14, 2013. this year, to date, pending cases have grown to 341 which is a 12 percent increase. the occ has sustained 14 cases to date compared to 10 last year as of may 14. a 40 percent increase.
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the next report would be our april statistical report. so i'm going backwards in time. those are the most up to date statistics. the april report is has charts attached to it that i won't go over. i will highlight mediation. three 3 cases were mediated in april 2014. the same as were mediated in april 2013. 20 occ complaints were mediated between january 1, 2014 , and april 30, 2014. compared to 15 complaints between january 2013 and april 30th. our mediations are up. with adjudication of sustained complaints in april 2014, these are the cases that the
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occ has sustained and the chief has made a ruling on those cases. and chief sir adjudicated 8 in april. 1 case involving neglect duty and the officer removed the phone from the person. the officer was admonished. the officer failed to collect data. another one failure to collect traffic stop data. the officer was admonished and retrained. the next case, the officer made rude comments to a fair who did not want to pay a taxi driver a tip. the officer received a written reprimanded. >> he made rude comments?
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>> to the passenger who is also known as a fare. >> not that he didn't want to pay the fare, but he didn't want to pay the tip. >> that is correct. there was some mechanical issue involving the fare's card or voucher that the fare was using that automatically took a tip out and the fare took issue with that with the driver. so the driver summoned the officer saying that the fare was refusing to pay him. so then the officer incorrectly told the fare he had to pay or he would go to jail and held -- he would regret this and it was
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recorded and it was a long and let's say misguided lecture by the officer. so the next conduct reflecting discredit allegation was a lieutenant who called the complainant a coward for failing to stop a violent suspect from harassing people. and this scenario was that there's a suspect who was bothering people and particularly women and the lieutenant went to intervene the complainant who was watching. didn't like the amount of force that the lieutenant was using and made comments to the lieutenant and the lieutenant told the complainant, well you are a coward for not intervening and protecting people. so the lieutenant was admonished and retrained. then, in an unwarranted action neglect of duty and conduct reflecting discredit
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sustained allegations. these were plain clothes officers who issued the complaint, a traffic citation when there was no evidence of the complainants driving created an aggravated attention requiring the officer's immediate attention. when they are in plainclothes they are not to make traffic stops unless it's urgent to do so in an aggravated situation. what happened with this particular complainant, the complainant was unhappy that this unmarked vehicle which he did not know what -- was a police vehicle was blocking his way and the officer was involved in detail around muni. they were slow in the lane. in anyway the
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complainant said things about -- to make this car move along. so then the complainant was followed, was stopped. and the officers cited the complainant for parking in a prohibited area when in fact the officer said the complainant didn't see the meter. there is questions as to whether the complainant had an opportunity to stru meter because the officer stopped him. in addition, the most serious part of this is that one of the officers wrongfully ordered a dmv priority examination of the drivers license. it appears this was a retaliation for the complainant's attitude. a dmv
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report is really serious because it causes you to be an unsafe driver. in addition to this citation, the notice, immediately the driver know that the driver must go to the dmv within five days or the drivers license will automatically be revoked. well, the officers did not give the complainant notice that he needed to go within five days and the next thing the complainant knew was that his license had been revoked. that is what happened in that incident. as a result, our office has made policy recommendations with regard to priority reexaminations and checks and balances and we've been in discussion with chief
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sir about that. >> i would make a recommendation to find chief is you are? sur. >> the policy we are working on were not in the bulletin today. i will send a copy over tomorrow. >> thank you. the discipline for the officer who ordered the priority reexamination with the 1 day suspension because it's serious too. it caused someone to loss a license. the officer who wrote the incomplete, an officer wrote an incomplete report received a reprimanded. to the next conduct reflecting discredit, this is where an officer called the jogging complainant a knucklehead when the officer ordered the person to get back from the sidewalk in an open trench and in response according to the officer, the jogger was
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sarcastic and stopped in the middle of the street. and a neglected duty allegation was sustained and for which the chief gave admonishment and retraining. the officer failed to see the juvenile's son's telephone was lost. that concludes the april statistical report. then i will move to the first quarter report. >> i have one question, director? >> yes. >> i don't often hear and maybe this is just me, one of the incidents you talked about was a lieutenant, that was the person not being, for being a coward for not intervening. obviously the significance of a lieutenant having an issue versus an officer in their
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training and leadership role in the department, how is that factored into both the discipline, the retraining is what i'm mostly interested in. >> obviously commissioned officers are to -- held to a higher standard. the retraining is important, for lieutenants, although sergeant by definition trainers, lieutenants are managers but they over see the watch. again, higher standard. >> okay. thank you. >> so i will move to the first quarter report. since you heard a lot about our office last week in the annual report, i will try to be brief. plus the first quarter report does represent a compilation of the statistical reports that you received in
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january and february and march. but last week, there were questions about occ staffing and so i will try to address those questions in more detail in this report. in the first quarter of this year, we began training a new temporary ad 124 line investigator. during this period we had 14 permanent line investigators. there were three line investigator vacancies. plus one of the permanent line investigators acted as a senior investigator contained to fill the vacancy when the senior was promoted to deputy director in august 2013. so during the first quarter there were a total of four investigator vacancies, three line and one senior. three
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senior investigators and the deputy director as the chief investigator. so there are currently 19 investigator employees, 17 permanent and two temporary that staff the 21 investigator positions. to give you some content, the city charter provides a floor for investigators of one line of investigators for the police officers with 2116 sworn members. during the first quarter we worked with the department of human resources to develop 8124 investigator job announcement. the announcement is nearly complete and we do anticipate posting the announcement before the end of the second quarter. so, before june 30th and hopefully in late may or
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early june. moving to the occ's budget, and you heard my budget presentation in february, we are waiting to hear from the mayor's budget office to determine how they will address the occ's budget needs. we did submit the mandatory budget reductions of one percent and one 1/2 percent. we are hopeful that will not be taken. we have not had to reduce pursuant to targets in the past. so we are just waiting to hear. moving to investigations of cases. in the first quarter we opened 188 new cases and
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closed 168 cases. we opened new cases and we closed which make the backlog grow. we closed the quarter with 333 pending case. that's 49 more cases in the first quarter of 2013. moving to case loads and disposition cases. there was a 25 percent increase in complaints filed during the first quarter of 2014 versus the first quarter of 2013. it did result in a higher average case load which continues of 24 cases per investigator versus 20 cases per investigator in 2013. i have spoken with you in the past about best practices for case loads disability and oversight investigators and underscore that it is 16. the average surprisingly the average number of days to close cases was decreased by
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12 percent from 1 62 to 142. the investigators were able to close them a little faster. our goal is to conclude our investigations within 270 days. during the first quarter of 2014, the investigators closed 168 cases. that is 83 prs of them within 270 days. only three of them which had no sustainable allegations took more than a year to close. it's pretty similar to the statistics in 2013. in the first quarter, the percentage, the moving of sustained cases increased by 5 percent sustained rate from a 4 percent sustained rate in 2013. we sustained allegations in 8 cases. this is an area
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where it is taking us a very long time to close our sustained cases because really the increase in the number of cases that we have and the lack of investigators. the sustained case closures increased by the time it took by almost 2 months. 55 days during the first quarter. only one of the eight 8 cases closed within 270 days and we recognize that it places a great burden on an internal affairs division that reviews our sustained cases and then reports to the chief for his determination. as i stated in prior reports, the i am mpediments to completion of cases is to at least four
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factors, case loads for the investigators, we now have several profile in conflicts investigation that i discussed with you last week. active trial cal cars for -- calendars for the prosecuting attorneys and prosecute analyst who also assist the attorneys and sustainability reviews. with the cases that we sustained and i won't go into great detail about them, during the first quarter, three of them had neglect of duty of sustained allegations and two of those complaints were for failure to collect traffic stop data. additional allegations that were sustained included unwarranted action for detaining and searching a complainant and removing a cellphone. guns on two occasions entering and searching his house and
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detaining and hand kufg roommate's girlfriend without cause and issuing a citation without cause. when we discussed the conduct reflecting discredit with regard to the taxi fare. we discussed the coward case. and then in the third case, the complainant was cursing the officer and the officer said to complainant "why don't you come here and say it to my face" of wasn't a deescalating comment by the officer. >> are you sure? >> [ laughter ] >> then the fourth case was we already discussed the priority examination. and in addition to the traffic stop data and neglect of duty and writing an accurate incident report
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and we talked about wrongfully conducting a traffic stop while in plainclothes. moving to complaints of note, three new complaints of note during the first quarter. the officer involved shoot of alejandro nieto. the report regarding the police crime lab. we received a complaint from a sexual assault victim. she complained about the department's failure to promptly respond to evidence. that investigation is pending and the city college incident, we received one complaint of using excessive force at san francisco city college. that investigation is pending. all of these investigations are still pending. and although i have a section on the legal unit, it is in the report. i
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want to address it. the mediations during the fist quarter were 17 compared to 12 in 2014. a 30 percent increase. mediations are important for the goodwill they create but also for management because they exceed the average number of cases closed per investigator during the same period by 70 percent. our mediation coordinator in early march was invited to go to los angeles to meet with their
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internal affairs division and the city attorneys office to advise them on handout you to set up the mediation program. ween gaengd in numerous outfits regarding our reports and language access and protocols for children of arrested parents and we made recommendations that are accepted by chief sur and now in retraining and having written procedures in training officers regarding officers initiate incapacity proceeding against a driver. in other words a priority reexamination. that concludes my report. thank you very much. commissioner turman? >> director, through all the reports i heard now and it's
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becoming quite routine to hear about the failure to collect traffic stop data. is this getting any better from your perspective? it various quarter to quarter, but the chief imposes progressive discipline and there are not many repeat violators. so it's viewed, it's viewed as a mistake the first time. that's the opportunity for a non-disciplinary action of an admonishment and retraining. and then when it repeats, the chief escalates his discipline and he can explain more.
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>> so failure -- to notify is down and i would put this in the context of my earlier report. we've given 12,000 more tickets this year than last year. when you consider tickets are up 55 percent and officers are coming back now that there are more. i think it's good we have a handle on it now so it doesn't keep going. >> thank you. i appreciate it. if i may, is there a way that this can automatically be done and put into the system so the officers don't have to take any additional time doing it. i know we make thousands of traffic stops each month. >> right -- >> can you explain what that is? >> when you make a contact with a citizen on a vehicle
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although a bicycle, you have to put in their race and gender breakdown as well to ensure the department isn't disproportionately enforcing against one particular demographic. so in this instance, to answer to your question, it's yes. right now with our motorcycles, since they don't have the same computers that the same police officers do, now they have these crossroads tickets and now it's automatically taken. it used to be in the comment section and it wouldn't translate over. it was one more thing they had to do. if we get to the citations and the rp went out at $7,000. everything comes at a cost. at some point in time the answer is yes, i don't know that we are getting the money
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available to it. two, i was doing everything i can do to get to e-citations. >> commissioner loftus? >> yes. okay. a couple of things. i just wanted to say one thing that i always appreciate about this presentation is that the occ is taking the lesson. so if any individual officer is making the mistake then there is the policy implication and what can we do to better train our officers. so there is an element of what we want. it's not just a matter of one officer did it wrong but it's also taking a look at the policy. one thing i also tend to think about when i hear this report is we hear the cases that were adjudicated in 1/4 and listening to them, this doesn't sound like san francisco's finest. it's not the worst that we have heard,
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during the same quarter, is a quarter three 3 months? i'm not a math person. how many calls per service? >> using last year, it was somewhere around 300,000 calls for service. around 75 thousand people arrested and around 8,000 citations given out a month. so you hear of 6-8 complaint sustained against those in usb that i just gave you that are contacts. >> you did a great job of illustrating where we need to do more work and that helps with the scope and scale where the progressive scope is working and we are not repeating the same behavior
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and there are a number of interactions where we are not getting complaints and also because you do such a great job in outreach and folks know how to make a complaint. that's it for me. >> if i might respond commissioner loftus, while we don't include the context in our quarterly reports because it would add to our work load, we do include the contacts in our annual report so there is more of a context. >> okay. >> thank you so much, director. >> you're welcome. >> thank you very much. please call item 3c. >> commission reports, discussion, commission presidents report and commissioner report. >> i have not new to report this week. commissioner loftus? >> i did bike to work from the outer sunset. it's the first time that i biked in a non-recreational way and being on the road. it reminds me