21st-quarterly-report.pdf

Twenty-First Quarterly Report of the Independent Monitor for the Oakland Police Department May 4, 2015 Page 13 resolve the complaint or if the person making the complaint still wishes to make a formal complaint, the person receiving the complaint shall initiate the formal complaint process pursuant to Section III, paragraph E. An IAD Commander shall make the final determination whether the ICR process will be utilized to resolve the complaint. OPD personnel shall not unduly influence persons making a complaint to consent to the informal complaint resolution process. 2. IAD shall establish a central control system for complaints and Departmental requests to open investigations. Every complaint received by any supervisor or commander shall be reported to IAD on the day of receipt. If IAD is not available, IAD shall be contacted at the start of the next business day. Each complaint shall be assigned an Internal Affairs case number and be entered into a complaint database with identifying information about the complaint. OPD personnel shall notify IAD and the Chief of Police, or designee, as soon as practicable, in cases likely to generate unusual public interest. 3. Criteria shall be established which must be met prior to moving, from “open” to “closed,” any investigation in the complaint database.5 (Negotiated Settlement Agreement III. D.) Discussion: There are four Departmental policies that incorporate the requirements of Task 4: Department General Order M-03, Complaints Against Department Personnel and Procedures (published December 6, 2005 and revised most recently on August 22, 2013); Department General Order M-3.1, Informal Complaint Resolution Process (published December 6, 2005 and revised most recently on November 10, 2008); Special Order 8552, Update of Departmental Training Bulletin V-T.1, Internal Investigation Procedure Manual (published February 1, 2007); and Communications Division Policy & Procedures C-02, Receiving and Logging Complaints Against Personnel and Use of Force Incidents (published April 6, 2007). As the Department has trained at least 95% of relevant personnel on these policies, we find OPD in continued Phase 1 compliance with this Task. Only two provisions of Task 4 (4.7 and 4.10) are being actively monitored under the MOU. During all of the previous reporting periods, we found OPD in Phase 2 compliance with both of these requirements. 5 The underlined requirements are the only provisions of Task 4 that are being actively monitored under the MOU.