a very confusing schedule but approximately 4 eight hundred hour turn around the da and investigators are making the determination at that time the time of rebooking by flushing is it out sufficiently to prosecutor prosecute it by the time you have a return to duty you're starting to see how the picture it is like a puzzle a lot of the puzzle pies are in place not a jumply lee he will under the normal circumstances the turn around is a significantly quicker for a standard rebooking if i were to make apple arrest on felon or robbery or domestic violence type of thing within

basically 48 or 3 of hours i'll have to present enough information to the district attorney to book that person or i have to go out and work it so by the time those that officer has returned to duty the puzzle i think is firmly up we're not going to make the decision a final analysis of all the puzzle dotted the i's and crossed the t's is that okay. >> okay those are questions that come up that's why i'm asking you to go through and no doubt the folks that signed in internal affairs it is a confusing process for

cops to go in there we have train on peace officer rights and it is true it is really a lot of laurmd labor law as laws when you factor in an officer involved shooting with the complexities and different agencies involved and all the dependencies it is quite a you know quite a lot for anyone to process let alone anyone that is not familiar with kind of the culture so i don't know - i want to get into some of the questions that are important to be answered in the course of the investigation the chronicle investigation there's going to want to know

i'm sure you're aware of you're familiar with the train factor what kind of experience and what information was known to the officer when enforcement was used what did the officer do and preserve the time the force was used and why did the officer act or react to the force reasonable force and reasonable force was defined in graham conner reasonable force according other pc maybe used no did say to present bold harm or get to microscope escape and whether the suspect was e valentine's day are important questions

dependencies are a lot of the reports and analysis as well as the parties involved we have incident wherein injured officer had to have surgery and took time before that officer was able to be interviewed but probably the longest in terms of those criminal investigative tendencies the dependencies is the medical examiner report the attorney conduct an investigation that will be true in any san francisco ois occurring in the city and county of san francisco they will participated in the

initial interviews and the collection of evidence their privy to everything they may share evidence are homicide they get everything from homeland homicide and can't be compelled to provide us information district attorney is important to understand that particular in day and age 31 they provide an analysis in the criminal investigation and review the investigation and consider their own against the finding of the homicide detail and the burden of proof for conviction which is an important task for the district attorney is beyond a reasonable doubt not beyond all

doubt on the truth of the charge and if to reasonable explanations exist one to the guilt and the innocence of the person then the injury will be found to accept the latter so standard for the district attorney is higher than the standard for arrest. >> sergeant comes from a family of lawyers. >> implemented criminal investigation the district attorney once made a determination of who they're going to charge the officer they maybe prosecuting the suspect maybe an going on prosecution but what wear focusing on their investigation of the officer they're investigating all parties the officer the district attorney will issue a letter for

the department of who the officers will be krooinl charged if so a great letter several pages of single-space that explains how they came to their determination the law behind that and the court rulings that maybe important and their consideration and then once the charging letter has been received by homicide they'll close out this is why cases stay open homicide has to have that piece to close their case yes ma'am. >> typically an officer that has returned to duty but, yeah the investigation continues for about a year. >> that's the time thing. >> i'm thinking of the timeframe. >> yeah. >> and then the homicide will

get that report and present the final report and i a look at the chronicle and the permanent session for the administrative investigation so, now i'd like say this kind of this may address our question in the timeframe if there were criminal conduct identified by the officer the da want to charge that's a different 0 issue so - oftentimes the officer is receive a subpoena to appear as a witness against them it gives us some sense of we don't know until we get the letter some sense of how the da views the incident. >> potential an officer could be under this cloud for 3 years.

>> absolutely absolutely absolutely. >> wow. and i just was talking with someone from phoenix about their process this is not uncommon across the country it is how different agencies handle that timeframe they have their process so there's others that keep them out the whole time but maybe an officer not doing their job for 3 years. >> so just in terms of sorry is is on idea of timeframes those timeframes are proximate mansions they were able to turn

that one around quickly this is a ball park the way the process the homicide daily and the district attorney start their investigation in 20 or 2, 3, 4 months homicide has their stuff sent to the district attorney's office the da does the review and does their own investigation but they'll make a charging decision from 20 to 24 months and the charging decision is forwarded back to the department and the homicide detail get that that goes to you a to finish their report that's how the criminal process works

administrative investigation like i said starts at the same time starts with the same notifications the same day and now the burden of proof on american people administrative investigation this is any administrative investigation like traffic court or an officer involved shooting the burden of proof is a preponderance of the evidence the reason why the action bans the officers training and experience is is subject to detailed in state law and government codes which i mentioned the public safety officers and the bill of rights i talked the tow of the

government code established a one year time period, however, american people exception that is subsection d and g and that laws the time alignment to pause or town hall awhile there's an going on regulation into the matter and the officer is not subject to that investigation and the administration of the investigation is tasked with looking at the train policy or tactical concerned identified in the course of their investigation any ois officer involved shooting involving a san francisco police department at the airport oakland or somebody off doubt wherever is in the jurisdiction of the internal division it maybe investigated

by the office of complaints the ocii will be complaint driven but their volunteers are notified with the fallout once the dock it has been notified this incident has happened so for information we've talked about the information in the two different criminal investigation the da investigation and the homicide investigation closed it closed they've shared with each other and shared information with the i a the administrative investigator but that information didn't flow the other way initially the administrative investigator piggybacks on the criminal investigator we're not going to the administrative investigator we'll not sdrushl the scene or interfere with the

criminal investigation without the authorization the chronicle investigators we passively review or obvious the interviews and the process and we get as i said their information and the information they develop they pass along to us and it stays with us. >> so talk about the criminal interview there's going to be yes, sir. >> it might be well, to note the last time about it is a one way information from the criminal to 9 administrative investigation but not the back the other way. >> yes. >> that should be noted. >> if i didn't make that clear commissioner one way to the department. >> it is no no so information

flows from the criminal investigation to the personnel investigation information developed from the findings of the personnel investigation is not provided to the criminal investigation if the criminal- if the administrative investigation were to find out there of the something criminal stop and refer there are complicated processes for doing that but that's what would happen our investigation stops and the case is referred back criminal investigation. >> and it's important to understand we can't 51 casual

investigate if i have questions noted asked many a homicide interview i'll ask in my own interview so the administrative investigation interviews those happen separately from the homicide interview generally could it a couple of days later not the same night by the time the officer finished the investigations their exhausted not beneficial to anyone include the investigators to talk to him we'll get him a couple of days later we probably have the incredible information also this is on the officer that fired his weapon address the members will be two folks if the officer involved shooting investigation

team in the interview we've talked about that this is a compelled interview they don't get do invoke their fifth amendment protection burr but will be up to termination to answer our questions i have a little script i kind of brought it we've read them the miranda right and the officers will say their though the ready to be interviewed we'll tell them basically my name is is surrogate i'm with the external affairs with the police department i'm been designated to ask you questions you've been told if you do not your subject

termination. >> you've moved over others affirm discharge review right. >> right. >> as you can see the arrow show the information how it flows constantly from homicide and then we get the final homicide detail summary we incorporate that and move that forward typically that's 24 to 34 months we get the i d investigation and from the homicide summary and the id final report is pretty short we technical use the da declination letters for a year once we get

the homicide report while likely plug it in and go and then the final report will incorporate the tactical and train issues identified and then presented to the fire and discharge review board. >> so the fire and disreview board a command staff level review of the finding of open ois canyons 4 times unanimous to investigate the officer shooting finding and the represents regarding the incident and it weighs see in on the matter for the chiefs determination for his

final decision for the disposition composition you have in our hounded that's change over the years bus of the geohas a command structure is a - also, we have added the command ofrts training divisions that closes the lop this is important to have training at the end of that so the criminal and administrative finding have presented the board considers who the officer utilized his or her firearm which includes acting legally and in the context of the total incident and after hearing the conclusion

they'll make their discussions and the fdr b look at the policy information identified and forwarded and they make no mistake about it additional recommendations based on their recommendations and findings their recommendations is forward to the chief of concurrence the chief has the final decision and if the chief concurs with the final recommendations if not his finding are forward to the mrorgs once the chief looked at this a final report is prepared for the police commission that summarizes everything else we present them at the end of the closed cases

they have the investigative finding and recommended and the indicts positions regarding the incident the chief novices the chief commission of the final dignities in are a brief letter and the form of the process we've talked about earlier and the letter that the- is sitting open the incident reporting on the incident is publicly provided so once that fdr b reporting summary letter there's a public copy available here at the police commission and confidential information by required by law is not released but we report on the incident so the process completion kind of works the implemented summary that's a timeframe one to 5 business days that the

f b r d the chief made his decision and the final decision is sent to the mr. johnson and the formal presentation you've heard following the fdr b is done at the first police commission opportunity a few things the process virtually because of the nature of the incident the process police car o ids the response is basically the same process at a different level a station or unit level and lethal forces authorized there's a a purport intervention in 4404 a very good as a legal

force that is followed in the legal investigation i want to point out it conforms to the best practice recommend suggested by the community oriented police services by international chief and law enforcement their going doing their substantial portion of the things recommended by those different agencies and where we aren't there specific egregious for that so last couple of slides those are the foundation of the argument we've covered in great depth tonight i don't know if you have any questions. >> all right. so thanks

surrogate for you i'm not commissioner president loftus she left for an award. >> thank you for your excelling wonderful presentation there's questions about what happens i think you've talked about the different investigations from the district attorney's office to the two sides of the investigation and any investigation for potential for conflict is a process i know that sxharpg has been involved those events are probably some of the most emotional scene and including that thought officers invest and the family members of the individuals is involved is it highly charged but those

protocol are in an automatic pilot so the community if so that we put those in place to insure dollars there's confident in the system i know it becomes are probably ahead of more agrees i've handed had as u.s. attorney the protocol is not as immense. >> commissioners and perhaps to the chief i know the chief meets with the community after each officer shooting is that a brief presentation to the public so i understand the process. >> we don't have that we'll hopefully not have those. >> i know what is strike and i've been up here for a long

time i don't think the people understand the length of time its for investigation the disclaimer various from or varies from case by case which what is striking the da investigation could take up to two years old that's what it is i'm just saying. >> i don't mean to interrupt for us that's our kind of third party is would not behove us- >> the closure of the investigation is it do not upon the finding so it is the length of time i think is involved here and probably frustrating the nature of the investigations so maybe reiterating how all the

parties involved but the time a completed investigation to 2012 it takes you know and we close the gape know we close the gap since i started here it used to take more time we're always trying to do it but we want to process to be thorough as possible so like i supervisor i was surprised what all the parties are in here to come to a conclusion the other thing i want to add the other issue around the officers b.c. under a michigander scope. >> a cloud. >> how it effected our the ocii our balance ceremonies and we've had you know investigators who were officers were put forward. >> if you don't mind how do we

handle that when an officer is under the cloud and it turns out maybe they were actually heros how do we resolve that this is a question. >> of course i don't mind commissioner marshall the police department the police commission concert sends a list to the occ of the officers nominated for a metal of valor we run a check through the database to determine who the officers identified we have pend investigation we forward that information back to the secretary of the police commission and so it is an

investigation that is pend before the office of complaints. >> thank you. >> any further questions commissioner melara behavorial unit becomes involved in begin of the process is there anything that suggests to the officer to stay connected to that unit in some way through this process i mean my concern anyone that has this over their head for a period of a year or two must effect their work i'm wondering if anything is done to insure they receive the proper care and follow-up. >> i've talked with the folks at the unit i can't speak to fully what they do, in fact