OCC reports rise in complaints, sustains misconduct findings including improper DMV reexamination

Joyce Hicks, director of the San Francisco Office of Citizen Complaints, told the Police Commission on May 14 that the office has seen an increase in incoming complaints and a growing backlog that has slowed final adjudication.

Hicks said the OCC opened 286 cases year‑to‑date compared with 245 in the prior period and closed 168 cases in the first quarter, leaving 341 pending cases. "We opened 20 more cases than we closed," Hicks said, adding that sustained findings rose this quarter: "We sustained allegations in 8 cases." The OCC also reported a 25% increase in complaints filed in the first quarter of 2014 versus the first quarter of 2013.

The director described a range of sustained misconduct findings that resulted in corrective action. In one instance an officer ordered a DMV priority reexamination that effectively caused a driver to lose their license; the OCC recommended policy changes and the department imposed a one‑day suspension on the officer. "The discipline for the officer who ordered the priority reexamination was a one‑day suspension because it's serious to cause someone to lose a license," Hicks said. Other sustained outcomes included admonishments, retraining and written reprimands for failures such as neglect of duty, failure to collect traffic‑stop data and issuing inaccurate incident reports.

Hicks said mediations have increased — three cases were mediated in April and 17 mediated cases year‑to‑date — and stressed mediations' value for case management. She also outlined staffing shortfalls: the OCC budget provides for 17 line investigators and three senior investigators, but during the first quarter the office staffed 17 permanent and two temporary investigators and reported four investigator vacancies. "The City Charter provides a floor for investigators of one line investigator for every 150 police officers," Hicks said, noting the charter floor corresponded to 14 investigators for the department's roughly 2,116 sworn members.

Hicks said delays closing sustained cases stem from high caseloads, complex investigations, active trial calendars for prosecuting attorneys and increased policy work for OCC staff. She flagged several pending high‑profile investigations that remain open, including the officer‑involved shooting of Alejandro Nieto and an alleged excessive‑force complaint arising from a demonstration at San Francisco City College.

Hicks said the OCC has submitted mandatory budget reduction proposals but is awaiting direction from the mayor's budget office and hopes to post a new investigator announcement before the end of the second quarter.

The commission asked how discipline differs by rank and whether data collection for traffic‑stop (E5) entries can be automated; Hicks and Chief Gregory Pisser said automation is a goal but funding and equipment constraints remain. The OCC's recommendations on the DMV reexamination and other policy changes, Hicks said, have been incorporated into department bulletins and remain under discussion with SFPD leadership.

The commission did not take a formal vote on policy changes at the meeting; Hicks said follow‑up will depend on staffing, budget decisions and the mayor's office schedule.