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OCC director outlines investigative powers and 2012 complaint trends to commission

San Francisco Police Commission · July 24, 2013
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Summary

Joyce Hicks, director of the Office of Citizen Complaints, told the Police Commission the OCC has subpoena power, aims to complete investigations within nine months, and reported 746 complaints in 2012 with 6% sustained findings; commissioners thanked the OCC for improved credibility and community outreach.

Joyce Hicks, director of the San Francisco Office of Citizen Complaints, briefed the commission on the OCC's role, staffing and recent casework. "The OCC is the third largest civilian oversight of law enforcement agency in The United States," Hicks said, noting the office was created by a 1982 charter amendment and became fully operational in 1983.

Hicks described OCC authority and processes: the office investigates complaints by interviewing complainants, involved officers and civilian witnesses; it can subpoena testimony and documents; it visits alleged-occurrence sites and may take photos or videos; and it aims to complete investigations within nine months and, with limited exceptions, within one year. "When we complete an investigation, we make a finding of whether the complainant officer violated any police department rules or local, state, or federal laws," Hicks said. If the OCC recommends suspension over 10 days, the case goes to the police commission for discipline.

Hicks shared 2012 figures: the OCC received 746 complaints (a 6% reduction from 2011’s 784), sustained allegations in 6% of closed cases, found proper conduct in 31% and unfounded allegations in 4%. The most common allegation types were unwarranted action (33%) and conduct reflecting discredit (29%); unnecessary force comprised 9% of allegations and, Hicks reported, none were sustained for unnecessary force last year. Hicks also described the OCC’s mediation program (62 mediations, about 8% of 799 closed cases) and said OCC staff exceed 30 members with a majority of investigators.

Commissioners thanked Hicks and noted that the OCC's work has helped build credibility with officers. Commissioner Susie Loftus said the OCC's data and investigative work provide assurance about department leadership; President Mizuko and others praised improvements in outreach and timeliness. Hicks encouraged community members to file complaints through the OCC or directly at district stations and noted the OCC offers mediations in multiple languages and has partnerships with community boards and the San Francisco Bar Association to provide neutral mediators.

The presentation closed with audience and commissioner thanks, and the meeting proceeded to the Taraval station captain's report.