since 90% of the occ's budget is personal cost. our budget analyst advises me there is nothing new to report at this time. we continue to be hopeful that the budget reductions will not be taken and that occ will not have to lay off any of its 34.75 positions. that concludes my remarks. commissioner dejesus: this is discussion and possible action item. are there any comments on this report? commissioners? thank you. is there any public comment on item number 3? hearing none, public, disclosed. -- public comment is closed. do we pass that before he arrives? until he arrives. we will pass item 4, col item 5. >> item 5, reports and announcements. the first is the chief report, a report on crime statistics, review of recent activity, status report regarding violence prevention efforts in the mission district, and the status report regarding dna testing backlog. >> good evening, commissioners. we have two presentations, so i will limit my comments to the crime picture for the last four weeks. in general, the picture remains good, in fact

the complaint to occ does haven't to be made by the individual. any citizen can make a complaint. >> you said did he make a complaint. i am a trained journalist. that was very disrespectful. i am done with that. thank you very much for having me speak that testimony. >> good evening. welcome back. >> before i start my remarks i want to acknowledge the fact that we are pleased with their commitment to address these issues. i thought it was important that we were here in the two minutes and 45 seconds i have left to give you an outline. i served the aclu for more than 25 years. i was proud to be appointed by this commission to serve on a special committee to rewrite the san francisco intelligence policies. that was a collaborative process. what we did is take best practices from four cities throughout the u.s. and crafted a policy from san francisco to meet the intelligence gathering needs of the department and also protect the first amendment. i am not here to talk about the history. the history is still reflected in your general order. what i am h

>commissioner kingsley: the occ might refer them to you. i am wondering how many complaints are coming forward? i know we are seeing them. >> those are the numbers i have seen since i have taken responsibility. there are seven outstanding into before the commission for resolution i think it was sent back to the chief. six's more of a fair number. if there are any complaints, as them to document those complaints have to send them to a management control. they will send them to me, or retain those complaints for investigation. commissionerking kingsley: how many complaints have there been? >> since i have been there, nine. >> i came in july of 2010. it was introduced to the sergeant that was not promoted in november. i have assumed command of with correspondents. >> you are aware of about nine. >> if i might add to the answer, my response to you. when they received complaints for an individual over whom the occ does not have jurisdiction, then we will refer those complaints to the appropriate agency. >> into the patrol special office? >> that

and director of the occ. >> item #9. >> vote to elect to disclose a the issues in closed session. president mazzucco: without objection, so ordered. we will go to item number two, please. >> item #2 is general public comment. president mazzucco: general public comment. >> i am the only one left. my name for the record is marlon. i will try to be as brief as possible. i am here -- i am not here for last night's closing discussion, there is an atmosphere of discussion what happened last night. the reason i am here is to address yourself, mr. marshall. this is my opening letter to the mayor. due to the blatant inappropriate and disrespectful behavior of san francisco vice- president police commissioner marshall, we appeal to you to ask for his resignation of effective immediately. as citizens and members of the public, we offer the following reasons to substantiate our arguments and concerns for the public welfare. inappropriate gestures and a lack -- their public comments is what prompted this rule of order. in 2006, his disrespect for my comrade and director of the inner-city found

falvey: the occ director's report. director: i was absent from last week's meeting because i was part of a 15-member delegation that went to memphis, including commissioner angelo -- angela chan, looking at the mentally ill and psychiatric crisis. it was informative and rewarding, but i will defer to commissioner chan to give you a more detailed report of the trip. on another note, on march 28, i received a letter from the human rights commission. they transmitted the february 24, 2011, reports, that memorializes recommendations gleaned from the september 23, 2010, hearing, on community concerns about surveillance, racial come in religious profiling of arab, middle eastern, muslim, and the asian community, et -- racial, religious -- racial and religious profiling of arab, middle eastern, muslim, and the asian community. to consider the issues brought to light in the hearings, and the mayor requested that she contact me and also other individuals, as well. the recommendation of the human rights commission specific to th

i am a firm believer that a stronger occ makes for a stronger police department. my favorite program is mediations. that is incredible. the decrease in investigators, i am glad that the supervisory investigators are now participating, but we have to make sure that your staff is strong even though looks like the good news is the number of complaints are down. they are significantly down. but we have to stay in operation assuming we will go back to the usual numbers, but i hope we don't. i will be there to support you. i want to commend -- and of the people are working the short staff and your working really hard. i want to thank them. he is a hard-working attorney, as are you. i appreciate everything you have done, i appreciate the hard work she has done with commissioner chan. it is a very thorough report and it is good to see these statistics. again, we need to make sure that you have the strength to maintain that. commissioner chan: think you for your hard work and the helpful summary of the report. i had a question about the five complaints that were sustained

no one can veto the occ's action. by statute the treasury secretary is forbidden from telling the occ to take action or not to take action. if they want to find a rogue regular the occ is not going to be the cfpb. so, on top of this we have our whole range of regular safeguards on administrative agency. a lot of complaints i'm hearing from the committee our complaints about the administrative state in general, not about the cpb. there are reasons to be uncomfortable about delegation of authority to an elected officials we do this all the time. we have things like the administered officials act, so apple has a chance to be heard about the rulemaking. we have a judicial review making to mature agencies do not exceed the scope of the statutory authority. we have these features and they apply to the cpb just like they apply to any other agency. so when you take a look at the picture that the cpb really is subject to more restrictions than any other better -- any other federal register agencies. >> as you know, there are f

. >> item 3b is occ directo'r's report. >> good evening members of the commission. just a brief report this evening, the day, we have mediated 25 cases compared the seven that we mediated year-to- date same time last year. that is because our coordinator last year at the beginning was an unexpected leave of absence. the mediations are rolling along, as a matter of fact. what i will report next week in my first scorer statistical report is that our rate of mediating cases is 8% compared to our rate of stating cases which is 7%. a very high number of mediations, we are very happy about that. next week, we will determine the march statistical report as was the first quarter statistical report. that concludes my report for this evening. commissioner kingsley: with immediate cases, just in general column -- general, how many get resolved? you have any ballpark sense of that? >> that is a good question, i can provide debt information next week rather than give you a guess. very few of where the complaint and walks away from the table feeling that nothing was resolved. i w

. >> el presidente obama dijo que hace dos años y medio está occ vanidad el grado atención el tema yjo que dio un discurso sobre el prees puesto teo y que toda la atención se concentró en su certificado de nacimiento. con la acción de hoy pretende darle el final a esto en la casa blanca univisión. >>> y no es todo, más adelante retomaremos el tema d. >> y jorge la detención de una orden dedo deportación contra estudiante indocumentados en texas y otros casos presentados en el país primero ten la pregunta, se es política de gobierno o de excepciónes, se trata de estudiantes que se habrían- skwid con el "dream act" si se hubiese aprobado, jaime nos cuenta que estudiantes indocumentados quieren que los traten igual a todos. >> ahora fue en texas donde agencias detuvieron el proceso de deportación de un estudiante indocumentada de origen mexicano, una de las miles que pudieran haber sido legalizado por el dream actoed que no se hizo realidad en el diciembre pasado. >> y ha pasado empezando en caso de walter lara de miami, y poco a poco vamos haciendo cambios. >> estudiandos como carlos d

. >> the occ director's report. should >> president mazzucco, chief godown, members of the audience, there are no recent activities to report from the o.c.c. this evening. we are engaged in many activities but no report this evening. i will provide the commission with the march statistics the week after next. that will be april 20th, i believe. >> great. thank you, director hicks. >> you're welcome. >> that was a great report. >> i'm glad you appreciate it. >> i sure do, tonight. >> had line item c, the commission reports and the commission president's report. >> we spoke about human rights and about scheduling a meeting we had set considering there is not availability of a community center. we will do a joint meeting with the commission regarding the commission with the issues raised tonight and to alleviate any concerns about san francisco police officers in terms of their work with the joint terrorism task force. we had that meeting. commissioners with further reports? commissioner kingsley? commissioner kingsley

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. >> critics of the occ think that the occ has been the most permissive other regulators. the permissiveness to the banks they regulated contributed greatly to the financial crisis of a few years ago. a big part of that was their assertion of preemption that banks that were subjects to the occ would not be subject to state laws. state legislators saw it, tried to pass laws to prohibit it. the occ kept them from applying their laws. that contributed to the failure of the states being able to act and it contributed greatly to the financial crisis. mr. sharp, should the assertions pre-emption be subject to review? if not, why not? >> i am not here to testify about the occ. >> it is obviously parallel. why not the samples? if it affects safety and soundness, why should not be subject to review? >> that is why the concern is greater because they exist outside the safety and soundness. >> how about -- they will be subject, why should they not be subject to the apa? >> i do not have an answer for you, but i am -- i would be happy to provide one in writing. >> the dodd-frank act i

i do not know why the police department has to have the occ and the police commission. are like the police to take its own business and enforce the law. and they are not bad. i know some chapters, and the officers, and we need to start cutting at the top, get these commissioners out of the way. affordable housing -- people choose to live this way, fine. they did not have to have 10 automobiles. they do not have enough guts to get near my driveway. [laughter] they do not. they run. they stand up to the police, but when i come, they fly. so let's start at the top and then work down. [applause] >> good evening, everyone. i'm here to support the excelsior family connections. [applause] i have two kids. one is 2 1/2, and the little one is five months. with two kids, and working, i have a lot of stress from kids, from my husband, from my work. and financial stress. so the staff at the excelsior family connections some crying, and they came up to me and asked if i was ok. they are just like my family. i go there every day, and i see the staff there more than i see my siblings.

you have the occ has one director and we wanted this age stoy have one director. the situation is one proposal would dilute it down to a commission. now, we're getting read dwroy start up. we're 83 days from july 21, and they're meddling with its entire structure. that's the problem. >> as far as the proposal who is spear heading this effort? >> i think the unbelievable thing is that the big banks that caused the wall street crisis are all supporting the effort. the chamber of commerce is supporting the effort. the effort to change it to a commission is being pushed by the chair of the house financial services committee mr. spencer baucus of alabama. and there are other bills in his committee as well. they'll consider them all in votes. >> why the concern over a committee rather than one person? >> i think the concern is that you are taking the agency and changing its structure right as it's getting rolling. it is trying to get set up. we would have the president have to nominate five people. they would have to get through senate. and they would have to get starte

>> i am not here to testify about the occ. >> it is obviously paindllel. why not the same rule?> if affects safety and soundness wcredit should it beyd >> tht thi are not a s seety or soundness regulator. that is wcredit the concern is greater because the safety and soundness -- >> what witout su fiect to thep a? medicine, and period for assertion of prbe remption? that will be subjected -- why should they not be subject? >> ieredon't have awn in d ans but i will provide one if you prefer. >> the statute as initially proposed by the obama administration would provide plain vanilla pron bucts onizer side by side. it was awful to think that tht would be requre ed to sell something they don't want to sell and the tplyth was consume efforts didn't love it much either so it got dropped quickl-- s they don't require any given process. they doutedtoaeq? forbid practices that were abusive to consumers or ighteceptive or unebre . it does not require them to do somethin-- wgoon b for consumer. it is clear that cfpb has no authority to set interest rates. you can price products hsteever yo

the office of thrift supervision is being folded basically into the occ.well as some other agencies. and then a fourth bank regulator is the federal deposit insurance corps, the fdic which most people see a sign at their bampinge and they're insure your deposits up to $250,000. so these ages -- agencies will do similar work. in this review, they got together and did the four of them along with the fdic did this re view of the mortgage servicing, the mortgage servicers and came up with a sort of joint agreement on what the lender should do to fix their systems. host: you also wrote an independent review of u.s. bank foreclosures over the past few years will help regulators determine the fines banks will have to pay for mortgage servicing abuses. acting comptroller of the currency said on thursday. this came out last week on thursday, april 14. so in addition to sort of revamping this system and going back and looking at the foreclosure procedures, some of these banks if it's found that they were, that they did abuse the foreclosure process will have to pay

but we need a strong direcr to compete with the occ, the agency that failed us. but we also don't need the agency to be wrecked while it's still being built. so there's two issues. >> as far as the director should elizabeth warren be that director? >> absolutely. i don't think there's any leader of y civil rights or consumer or labor group in the country that doesn't think that professor elizabeth warren is the first and the best choice. it is going to be a fight in the senate if that fight is waged in public with the people of the united states participating, i think she has a very good chance to win. but she has not yet been nominated. no one has. >> does she have supporters or strong supporters within the white house and democrats on capitol hill? >> well, i think she does. i think the president has been a strong supporter. the secretary said some very positive things about her the other day on capitol hill. she has many friends. she has some peop that say they would never stand for her. but we think that she has the best chance. and she would be the best dire

it the occ wants to increase the budget, it increases assessments.it cannot come to congress for a budget. the federal reserve wants to increase it, it cramps of the printing press. it is at a percentage of the operating budget is. it seems and swims. we will make sure the consumer production will be part of regulation. it is the only agency of browns were there is a veto over the authority. it raises questions about the constitutionality of the veto. on top of this we have a range of regular safeguards. a lot of questions that had the cfpb we do this all the time. everyone has a chance to be heard. we have a judicial review. we have these features. when you take a look of this, there really is subject to more restrictions and any other regulatory agency. it is >> there are four once there. what he believed the -- what affect you believe it'll have? >> it would delay the implementation and rail render it less effective and accountable. >> i did not hear the testimony but i read it. he wrote that the veto system is designed under current law evita wou