The O.C.C, better known as the Organization to Conspire against Cops, is at it again. In a shameless effort to boost its dismal numbers, the OCC and its leadership has decided to investigate a case of alleged police misconduct against a few of our members even though the complainant passed away last August. The incident in question occurred July 22, 2009 and the complaint was filed on July 24, 2009. So it's eleven months later and the OCC is just now getting around to interviewing the officers. The Organization to Conspire against Cops didn't even know that their "client" had passed on. We brought it to their attention! How's that for a follow - up investigation? Talk about a failure to supervise or neglect of duty for failing to realize their client was not even alive.
The POA requested to have this case dismissed for the obvious reasons. The complainant is deceased and therefore unable to be available for any kind of follow-up interview unless the OCC is planning a séance to bring back the spirit for questioning (they lost their funding for a new Ouija Board to determine the outcome of cases). Also, there are no secondary or independent witnesses to present in this case.
Why has it taken so long for the OCC to get around to interviewing the officers in this case? In a pattern all too familiar, the OCC delays its interviews for too long a period of time. Why is that? Why does the Police Commission allow for such incompetence from the OCC? Maybe the Commission figures it has to settle for less than satisfactory work from the OCC because it is what they have come to expect.
Is the OCC that hard up for statistics to justify their existence? C'mon guys, you can do better than that.
The director of the OCC recently proudly reported an increase of sustained complaints in 2008 from 3½% to 5%. There is a good reason for that. It's no coincidence that the increase was a matter of 11 cases sustained by the OCC for officers failing to report their E585 information into the computer after a traffic stop. Of course the increased numbers in sustained complaints were because of the "Added Allegations" charges that the OCC is so famous for. Where would the OCC be if it weren't for the added allegations? When all else fails and the OCC can't bang a cop for any good reason, they always fall back on some administrative garbage that has absolutely nothing with the nature of the complaint.
In another disturbing incident at OCC, I recently had the pleasure to represent a member of this department at the OCC when during the course of the interview the OCC investigator asked the member, "So Sergeant, what other shortcuts did you take in investigating this case?" (Insinuating that the Sergeant had obviously taken some other shortcuts.) I immediately objected to the question and asked for proof or evidence that would elicit such an insulting and ridiculous question. Of course there was no response; just a blank stare; something that the OCC has given back to the citizens of San Francisco for quite some time now. This is really a case of the pot calling the kettle black. Sometimes you just have to question the lack of professionalism and integrity on the part of the interviewer.
Double Standard…
Imagine you're conducting an interview of a citizen and during the course of the interview and for no good reason you, as an officer in this department, state to the citizen, "I assume you speak Spanish." If for some reason this citizen made a complaint to the OCC, you can be sure without a doubt that you would receive a sustained complaint for "racially or biased policing." The OCC licks its chops over cases and complaints just like this one…unless the complaint is made against them. That's right. I recently represented an officer in this department who among other things was charged with "biased policing." During the interview, the OCC conspirator investigator asked the officer if she spoke Russian to which the officer replied, "no." The investigator then stated, "I assume you speak Spanish." The officer answered "no" and the bells immediately went off.
I could have jumped in there immediately to lodge a protest but decided to bide my time and wait. Towards the end of the interview, I had the opportunity to question the officer. I walked the officer back through the noted question and statement by the investigator. When I asked the officer why do you believe the investigator assumed you spoke Spanish, she replied, "I have no idea." It was then the investigator realized his own prejudice and bias and began to back peddle and profusely apologize to the officer and assured her he meant no harm. But it was too late; the cat was already out of the bag; the damage had already been done.
Of course I filed a formal complaint with the OCC stating that the investigator should be removed from this case for the obvious reasons. Amazingly enough, I received a response from the leader of OCC who wrote, "I have looked into this matter and I have found no evidence of bias or any other misconduct that would lead me to accede to your demand. Consequently, the investigator will remain on the case."
I wrote my letter of protest on May 4th and received the response on May 5th. You can see that a whole lot of time and diligence went into that investigation. Do you think the Director ever took the time to interview the involved officer? Don't you think the Director would at least ask the one fundamental question of the officer instrumental in this complaint, "Were you offended by the statement?"
The cop's in this town are just spittin' in the wind when it comes to getting a fair shake from the leader of OCC…
How come it only takes one day for the OCC to investigate one their own members on a rather serious charge but months and months and months to investigate our members? No bias or prejudice there. Hey OCC, we want the same transparency from you that the whole freakin' world demands from us!
UCSF monthly visit…
I'd like to thank the following members who took time from their busy schedules to visit some very special youngsters at UCSF Children's Hospital on July 8th. The officers involved this month were from the COMSTAT Unit and were led by Officer Michelle Alvis, who did a wonderful job coordinating the efforts of her fellow officers. Officers Glenn Juco, Jason Hui, and "The Great" Eric Altorfer played BINGO with the kids and spent a couple of very worthwhile hours exchanging laughter and conversation. All had a great time until it was time to part ways.
That evening's event in the "Teen Room" was cancelled due to the verdict in the BART trial and all officers in the department going on stand-by alert. The officers who were scheduled to volunteer their efforts for the evening included Lt. Bob O'Sullivan, officer George Ferraez and, of course, Michelle Alvis.
I sincerely thanks to each and every one of you for your kindness and consideration in your heartfelt efforts with the kids. I am very grateful, as are the kids, their families and the staff of UCSF Children's Hospital.
A Terrible Loss…
As I wrote on Page One, the sad news of the passing of Charlie Ellis was a shock to us all. Charlie was a legend in this department and was a man among men. Charlie spent a great majority of his 39-year career at Mission Station. Charlie also served in the Narcotics Division and was most recently assigned to the Mounted Unit. There are not enough nice things to be said about Charlie. Indeed, he was an outstanding Police Officer, cop and a true gentleman. Charlie was also an iron man as evidenced by his almost fanatical dedication to strength and conditioning.
I want to thank Night Supervising Captain Keith Sanford and Sgts. Bob Totah and Tommy Newlin of the Mounted Unit who responded to the home of Charlie Ellis that night to offer comfort and condolences to the Ellis Family. I would also like to thank Sgt. Leslie Forrestal and the members of Taraval Police Station, including Officer Nicholas Pena #2361, who also responded to the Ellis home to conduct the initial investigation and file the report.
Charlie's passing sent shock waves throughout the department, as Charlie was a highly respected and very well liked officer and man.
Charlie's father, Charles Ellis was also a highly respected member of this department and at one time was the Lt. in charge of the S.F.P.D. Homicide Detail.
Charlie joined the San Francisco Police Department on his twenty-first birthday on January 1, 1971. He loved working at Mission Station, and was a tremendous influence on many of the officers who came into contact with him over the course of several years. Charlie was also very proud to be part of the Mounted Unit and was out riding in Golden Gate Park earlier in the day, just hours before his passing.
To say that Charlie will be missed is a huge understatement. Charlie was a quiet, unassuming man, resolute in his ways. Very private in nature, Charlie always made time for those in need or with questions about a problem. Charlie was often looked upon for advice because of his experience, wisdom and common sense. Charlie was a throwback to the days of this department when it was known for its "iron men and wooden ships."
Godspeed, Charlie…please look down upon us with favor…And may the roads rise to meet you…
This month's column is dedicated to the aforementioned Charlie Ellis and also to my father-in-law, Humphrey O'Leary, who passed away this past July 4 after a lengthy illness. Humphrey O'Leary was a native of Killarney, Ireland. He was a very proud American who never forgot his Irish roots and heritage.
Humphrey was the father of S.F.P.D. Captain Denis O'Leary of Homeland Security and recently retired Brendan O'Leary of the San Francisco Fire Department.
Humphrey was a proud sponsor and supporter of the "Irish Pipers" Bagpipe Band to which Brendan and Denis belong. The Irish Pipers have been part of the SFPD family for many years and have played at many department functions.
I wish to thank Captain Terry Barrett of Park Station, Lt. Jim Spillane of Tenderloin Station and Commander Jim Dudley for attending Humphrey's funeral service. I also want to thank the S.F.P.D. Mounted Unit's Sgt. Bob Totah, Sgt. Tommy Newlin, Officer Jeff Roth and Officer Wes Bailey for their uniformed presence at St. Anne's Church. I also want to thank Lt. Bob Armanino of Co. K, Solo's for his Traffic Control efforts and his presence. Special thanks to Marty Halloran of the POA for the flowers and presence at the funeral. Thanks, also, to Chief Gascon for his kind words and expression of sympathy to the O'Leary family, and for detailing the Mounted Unit to the service.
The Yankees are still on top with the best record in baseball. The Giants are playing good ball and gaining ground. The Red Sox…well they're still flopping around like fish out of water…note to Tony Damato…that was not Brett Favre at the Giants game…but what a spitting image, huh?
Take care everybody, God Bless and be safe. See you next month
