Police Commission Forwards OCC Budget to Mayor Without Recommendation, Urges Retention of Mediation Attorney

The San Francisco Police Commission voted 4–2 on Feb. 18, 2009 to direct the director of the Office of Citizen Complaints (OCC) to transmit the OCC’s proposed FY2009–10 budget to the mayor’s office without the Commission’s recommendation, while attaching a statement urging retention of a dedicated mediation attorney.

Director Joyce Hicks had presented an OCC budget proposal of about $4.2 million that included midyear reductions of roughly $330,000 and described an additional $330,000 contingency cut if the city imposes a second 12.5 percent reduction. Hicks told the commission that the contingency reduction would require elimination of two positions — one investigator and the mediation coordinator attorney — and that losing those positions would push the office to the charter minimum investigator floor and dilute investigative and mediation work.

Commissioners debated alternatives — approving the budget with a formal recommendation, forwarding it without recommendation so it can advance in the city’s review process, or withholding approval. Several commissioners said they supported moving the budget forward so it would continue through the mayor’s and Controller’s processes but wanted the record to reflect the commission’s concern about staffing levels and the mediation program.

Commissioner Petra de Jesus moved that the director forward the OCC budget without the Commission’s recommendation and to attach a statement emphasizing preservation of the mediation position; the motion was seconded and passed on a roll-call vote: President Teresa Sparks — Aye; Vice President Joe Marshall — Aye; Commissioner Petra de Jesus — Aye; Commissioner Yvonne Lee — No; Commissioner Thomas Mazuko — Aye; Commissioner David Onick — No. The motion carried 4–2.

Commissioners who opposed the motion said they feared the contingency cuts would harm the OCC’s ability to carry out charter duties and slow investigations. Supporters said forwarding the budget without recommendation keeps the item moving through the citywide process while leaving open opportunities to press the Board of Supervisors or mayor to restore key positions.

Director Hicks told the commission that, if the contingency cut is imposed, the OCC would lose one investigator (reducing funded investigators from 17 to 16) and an attorney who coordinates mediation. Hicks warned that losing the mediation attorney would dilute mediation, outreach and policy work and increase caseloads per investigator; she said the office’s current investigator caseload with 16 investigators would average about 23 cases per investigator, above auditor comparators.

Commissioners attached a request that the mayor and Board of Supervisors consider preserving the mediation attorney position because the mediation program has a high officer cooperation rate and reduces the time and acrimony of disciplinary processes. The record produced during debate noted the auditor’s finding that OCC staffing had been insufficient for its caseload and that the commission wanted that concern reflected when the budget advanced.

The commission did not adopt the full contingency cuts as a recommendation; instead the budget will move forward to the mayor’s office without the commission’s endorsement, accompanied by a statement asking that one or both positions (the mediation attorney in particular) be restored if possible. The matter can be revisited at the Board of Supervisors’ hearings or through subsequent budget advocacy by commissioners and stakeholders.

The commission also heard public comment on the budget and related reforms. The OCC director and commissioners agreed to continue outreach with the mayor’s office and the Board of Supervisors to press for resources that protect both the OCC’s charter duties and the mediation program’s gains.