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tv   [untitled]    September 17, 2012 4:00pm-4:30pm PDT

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the commission. we reported in our taser presentation that memphis had acquired teasers. that is true but it was memphis, mich. and not memphis, tennessee. i have instructed commander ali to contact memphis. he spoke to the colonel. they're contemplating teasers -- tasers. it is not an immense situation for budgetary constraints. we will continue to talk with them and work within the resolution to make that presentation back before you within 90 days of that last meeting. that concludes my report. >> commissioners, anything for the chiefs? thank you. item 2b. >> occ director's report.
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presentation of the second quarter statistical. presentation of the monthly capriotes of statistical report and companion reports for the periods of january 1, 2012 through july 31, 2012 and generate 1, 2011 through july 31, 2011 and report on the adjudication of sustained complaints. presentation of these statistical reports for generate 1, 2012 through june 30, 2012 and january 1, 2011 through june 30, 2011. airport. on the adjudication of sustained complaints. >> good evening. it is a mouthful, all those reports. i'm going to try and
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consolidate. the statistical reports into my recent activities report and then i will present the second quarter report. before i do that i would like to introduce summer loughler. i would like to thank amy for the work she did with us with a legal unit. amy is the second year student at u.s. sf -- ussf law school. a lot of folks' , modern including president mazzucco -- alma mater, including president mazzucco. amy did an excellent job and we were happy to learn this past
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summer that amy, who had just finished her first year wrote her way on to the law review. she is a graduate from the central coast, graduating from cal poly, san louis obispo. you do have two carranza statistical reports in your pocket. the june statistics are in the otc second quarter report. i will not discussed in this evening unless you have questions. i will briefly discuss occ activity in july and august and i will dial back to the second quarter. from july 1 to june 30 of this year, the assisi's 6 -- opened 61 cases, four fewer than were opened in july.
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on july 2012, the investigators closed more cases than they opened. as of july 30, july 31, the occ had 321 pending cases. as of now they have 318 cases as opposed to 321 last year. we have 100 bus pending cases -- 100 less pending cases. in terms of mediation, it was a slow mediation month. we only mediated to cases that to a% of the cases we close in july, nine officers were voted radiation -- remediation and they declined. we will keep an eye on this an d find out if there is some
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issue. we sustained four in jul of allegations. in terms of the adjudication, there were no adjudications in july. in july and early -- our outreach mediation coordinator discussed our reach -- outreach. we staffed a table to share information. two occ investigators and i viewed national night out events. our -- in the western edition
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and then our investigator, greg underwood, set the table in bayview. donna staffed a table. and we gave a powerpoint investigation. the roughly meeting of the alliance for murder -- better district 6 and had many questions. that is including the recent activity's report. i can start with the conclude -- conclude with the second report. unless there any questions from our ricin activity. >> did i hear you correctly that the number of mediations that were declined, which party
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declined? >> officers. >> the officers declined. >> thanks for confirming that. >> 33% of the officers to home mediation was offered declined. now on to our second quarter. you have the report in your packets. we have posted it on line -- we have posted it on line. during the second quarter, the occ received 882 complaints and closed 227 complaints. there were feared to take actions -- failure to take action in 23 cases.
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our staffing remains stable with 16 investigators. one of them is a temporary investigator, left because his six months were just about up and he had obtained permanent employment as a lawyer. in the oakland city's attorney's office. we continue with our strategic plan for training and the police department offered two trainings, led by lt. joe mdfadden and representatives from cfi. the commander also gave trainings on mta. i have spoken to several times about the budget and what happened in the second quarter. the occ had an enhanced budget
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which one investigator had. the city comptroller for the first time in five years gave the occ a clean bill of health. on the numerous audits recommendations that were made in the 2007 audit. the sec is extremely happy about that and we will move forward. in terms of the investigation as cases, there were 376 new cases and we closed for 27. we close 51 more cases than we opened. we closed the quarter with three and 25 cases. 102 left pending cases and these figures are as of june 30.
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i give you some updated figures. in terms of caseloads, caseloads were down. that number looks better so things are looking up. sustained cases, the rate was lower in the second quarter of 2012 compared to the second quarter of 2011. 5.3% sustained rate in 2012 compared to a 2012 sustained rate. the sec sustained allegations in 12 cases but the number of days to close has increased in the second quarter compared to the second quarter of 2011.
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we had some emphasis on our legal unit. one of our lawyers a lot of time on policy recommendations. we only have our two trial attorneys and policy analyst attorney who edits the reports. and we are becoming more comprehensive in hour sustained report so it is taking longer. and moving on to the type of sustained allegations come in 2012, -- allegations, 2012 11ono collect traffic stop data. that is only 8%. it is a significant improvement
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over the first quarter, when 70% of the 10 cases sustained for neglect of duty were for failure to collect traffic stop data. i think the message has been received. as reported in a prior report, chief -- chief suhr is imposing progressive discipline for officers who repeatedly failed to collect traffic stop data, or for any violations. the discipline generally begins with an admonishment. in one recent case, the chief elevated it all the way to a commission case. just to quickly talk about categories and cases for which allegations were sustained in the second quarter, interference with -- unwarranted action for interfering with signature gathering for a ballot measure, for entering a residence without
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cause, for failure to write an incident report, the year to release after handcuffing, very to broadcast destination while transporting a female passenger, failure to process property. the officer did go back to try to find it, and it was not there. lighting and inaccurate incident report, a builder to submit a report by the end of an officer's -- failure to submit a report by an end of an officer's shift. this year to disclose information to a witness. interfering with signature gathering -- the same one. finally, responding in a discourteous mannersi to a reqt for medical assistance. the information i am providing
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is slim, because we need to protect the privacy of officers. when the occ sustains a case, the chief adjudicates that case, unless the case goes to you, the police commission. in previous monthly comprehensive statistical reports, i have advised you of the chief's adjudication. i will not go through all of that, but i will talk about one case. this is a complaint where an officer responded to a noise complaint in an sro. the officer left the patrol car. we felt that was neglect of duty. the officer was to admonish.
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the officer had the manager open the doors of the officer could address the resident about a noise complaint. the occ found this was an unwarranted action. the chief found that instead of it being sustainable, it was a training failure. the upshot is that the chief drafted and provided an updating training -- updated training bulletin about entering residences -- houses, apartments, and hotels, including sro's. in that case, the occ sustained the officer for contacting a witness during an investigation. the chief found insufficient
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evidence. the officer did contact the witness, based on the direction of a sergeant offering peer counseling. there was a policy failure. but the chief found out what that the sergeant commited a training failure. another department bulletin was issued by the chief, with regard to contact with witnesses during ongoing investigations. in moving on to complaints of note, the same categories are in the second quarter report the war in the first quarter report. we are continuing to resolve occupy sf complaints. we now are down to eight complaints, which we have merged
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into three complaints, which are under investigation. with regard to other matters involving single room occupancy hotels, as a reported in the first quarter report, we received three complaints regarding multiple officers regarding searches of sro hotel rooms and the allegations of unlawful search, the youtube process property, the year to supervise, and inappropriate behavior. the investigations remain open. other government agencies are investigating, and have asked us to stand down. in terms of officer-involved shootings, second quarter, there were five complaints under investigation. four of them resulted in the death of a suspect. the legal unit continues to
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function, with 3.75 attorney positions, including a staff trial attorney, a policy analyst, and and outreach coordinator. in the area of mediation, which is managed by don salazar, at the end of the second quarter, there were 36 cases, compared to 33 in 2011, the were mediated. as a previously reported, on june 1, the mediation program received an award for excellence in alternative dispute resolution. outreach -- during the second quarter, we were quite active.
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at the invitation of the police department, we met with the delegation of justice's -- the justices, sponsored by the secretary of state. in april, i was interviewed by a former police commissioner for his criminal justice podcast. that was available on the website. and i explained the meetings of the occ. staff gave presentations to youth groups from bernal heights, a youth summit at balboa high school, the national alliance on mental illness, and a group of juvenile justice advocates. we also made presentations to the san francisco youth commission.
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we staffed booths at the annual summer resource fair and the police department use resource fair in the western edition. we continue to distribute release forms. we worked with the arab cultural and community center to translate our brochure into arabic. it has since been published in arabic. we ask our audience is to evaluate us when we give a presentation. 100% of the representatives felt the presentations met their expectations. in the area of policy analysis, during the second quarter of 2012, the occ concluded its investigation of an unnecessary force complaint regarding a
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response to a noise complaint at an sro, which i have already discussed. two policy recommendations were adopted as a result. there were additional policy recommendations that came from that incident. one of them was to enhance the emergency dispatch system, so the responding officers are a prized of the prior threats at that location. another is to amend department general order of 8.04 come to clarify the role, responsibility, and activities, especially when a certain officer is providing support services. we had another complaint involving a psychiatric detention of a complainant. the department could not locate
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the man, and we made some recommendations, including amending a department general order on psychological evaluation of adults and duties of surgeons. the second quarter, we continued to advance our language access work. we met with several community organizations, and helped to co author a department bulletin that provides officers they list of common indicators that language services are necessary. also, we met the department to help to write a script for training on domestic violence incidents. finally, the occ continued advocating department policy.
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that concludes my report. >> the director spoke of five officer-involved shootings that were under investigation. they did not all occurred in the second quarter. those occurred over time. >> absolutely. >> -- commissioner kingsley: you inherited the 2008 audit report by the comptroller -- controller's office. it is a lengthy document with a lot to be reported. i understand that has been cleared of entirely. it is really worth noting, applauding, and congratulating the occ on that. it is wonderful progress, a good accomplishment. the other thing that is very
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notable, and that everybody should be congratulated on, is the caseload for inspectors, to have that down so considerably in a one-year period. it is very notable. great job. >> thank you very much, commissioner. i would like to take this opportunity to publicly thank my staff, and in particular, the investigators who have labored under heavy caseloads for many years. when i came to the occ -- is almost five years now. it will be five years at the end of november. i asked the staff to trust me that the changes we were going to make would be for the better. change is very difficult, even though staff wanted changes.
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we have labored through almost 40 recommendations together. i want to acknowledge staff for all their very hard work. commissioner turman: join the congratulations and i think staff for the diligent work as well. there were reports, one about a retired officer. i did not hear the substance. >> what commander milotello talked about is what officers do who are assigned to muni, and what lt. joe mcfadden trained
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investigators on was the work of the crime scene investigation unit. commissioner turman: you also mentioned a training bulletin on entering sro apartments and contact with witnesses. have we seen those training bulletin stacks >> i will get them for you. commissioner turman: thank you, chief. >> those department bulletins are issued by the chief of police. commissioner turman: i understood that. you certainly have seen them. >> yes, i have. commissioner turman: at the tail end of your report, you said something about the suit policy? >> pursuit.
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commissioner turman: that makes sense, thank you. >> you are welcome. vice president marshall: director hicks, i am moved by a couple of datapoint. 102 last pending cases is a measure of your ability to clear cases, rather than getting more or less complaints. it looks as though there is another significant drop in the number of complaints we have gotten, year to date. 30 last year, and 90 two years ago. is that correct? >> it is correct the pending cases are attributable to investigators moving the cases, as well as the complaint filed continuing to drop. what happens is when
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investigators have an extremely high caseload, it is harder to close cases. or when crisis -- when cases are closed, they may be closed with not as thorough an investigation as they needed to get. vice president marshall: what assists me -- indulge me as the new commissioner. what assists me in addressing my concern, or my happiness -- if there are less complaints coming in, if the community knows that can go to occ -- it appears you are out in the community, and people are aware, and we are seeing a drop in compliance. my question would be what you attribute that to. gd>> i attribute it to several factors.
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one, we addressed in our annual report. nationally, complaints seem to be going down, but our seem to be going down at a greater pace than in some other jurisdictions. the community policing is being implemented here in san francisco. that can be an attribute that causes people to file less complaints. officers could be better trained. that could be attributed. and we are, as you mentioned, doing outreach. the community knows that we exist.

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