OCC Hearing Procedures

OCC Hearing Procedures

The following is the step by step procedure that is followed after a complaint is filed with the Office of Citizen Complaints.

  1. Complaint made with OCC.
  2. OCC investigates complaint. If OCC sustains the charges, the case is forwarded to SFPD Management Control Division (MCD).
  3. The MCD Lieutenant evaluates case and makes recommendation to the Captain of the Risk Management Office (RMO).
  4. The case is forwarded to the Captain of RMO who evaluates and makes a recommendation to the Chief of Police.
  5. If, after reviewing the case and recommendations, the Chief agrees with the OCC that discipline is warranted, the Chief determines whether to hold a Chief’s hearing or to file charges with the Police Commission.  (If the Chief disagrees with the OCC, the Police Department and the OCC begin discussions aimed at resolving their disagreement).
  6. If the Chief opts for a Chief’s hearing, MCD serves the named member with the notice of proposed discipline and
    • (a)The member accepts proposed discipline (case is closed)
    • (b)The member requests hearing (case is open)
      • (i)After the Chief’s hearing, the Chief may decide that discipline is not warranted (case is closed) or may impose discipline (case is closed unless member appeals to the Police Commission).
      • (ii)If the member appeals to the Police Commission, see steps 7(a) and (b), below.
  7. If the Chief opts for a hearing before the Police Commission, MCD serves the named member with the charges and
    • (a)If the Commission sustains the charges and imposes discipline the case is closed unless the named member challenges the Commission’s decision by writ to the Superior court.
    • (b)If the Commission does not sustain the allegations, the case is closed.