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OCC director details 2013 caseload and investigative process

San Francisco Police Commission · April 23, 2014
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Summary

Joyce Hicks, director of the Office of Citizen Complaints, told the commission OCC received 727 complaints in 2013, sustained findings in about 6% of closed cases, mediated 59 complaints and aims to complete investigations within nine months (one-year statutory limit). She described intake, subpoena power and language-capable staff.

Joyce Hicks, director of the Office of Citizen Complaints, briefed the San Francisco Police Commission on April 23 about the civilian oversight office’s structure, caseload and procedures.

Hicks said the OCC — created by a charter measure enacted by San Francisco voters and fully operational since 1983 — is the city’s civilian oversight agency for police conduct. She reviewed how complaints are received (in person, by phone, email, fax, at district stations, and soon online) and described OCC investigative powers, including subpoena authority. She said investigators visit alleged incident sites, interview complainants, officers and witnesses, and gather department reports and documents.

On outcomes, Hicks said the OCC received 727 complaints in 2013 (a 2% drop from 2012’s 740). She said the office sustained allegations in roughly 6% of closed cases, made ‘‘proper conduct’’ findings in about 25% of allegations investigated, and found about 2% of allegations not true. Unnecessary-force allegations comprised about 10% of complaints; OCC sustained five unnecessary-force allegations involving five officers in three cases in 2013. The OCC mediated 59 complaints last year—about 8% of the 722 cases closed—and Hicks described mediation as a voluntary alternative that resulted in mutual understanding in some matters.

Hicks said OCC aims to complete investigations within nine months and, because of state law, with limited exceptions must complete cases within a year. She explained the office’s standard of proof (preponderance of the evidence) and the review/discipline path: for allegations that would exceed a 10-day suspension, cases are forwarded to the Police Commission for a hearing; for lesser matters the chief may impose discipline up to a 10-day suspension.

Hicks also summarized complainant demographics, language services and outreach: in 2013, the largest share of complainants were Caucasian (~30%), African American roughly 28% (transcript figures approximate), Latino ~12%, Asian Americans ~6% and Native/Other small shares; OCC staff speak multiple languages and OCC conducted case intakes in Spanish, Cantonese, Mandarin, Amharic, Korean and Russian in 2013. She said OCC will soon offer online complaint filing after resolving remaining issues with an outside developer.

The director concluded by inviting questions and noting deputy director Eric Balthazar would remain to answer technical questions.