21st-quarterly-report.pdf

Twenty-First Quarterly Report of the Independent Monitor for the Oakland Police Department May 4, 2015 Page 17 complaint; 3) Subject not employed by OPD at the time of the incident; or 4) If the subject is no longer employed by OPD, the IAD Commander shall determine whether an internal investigation shall be conducted. 5) Complainant fails to articulate an act or failure to act, that, if true, would be an MOR violation; or 6) Complaints limited to California Vehicle Code citations and resulting tows, where there is no allegation of misconduct, shall be referred to the appropriate competent authorities (i.e., Traffic Court and Tow Hearing Officer). g. Administrative Closures shall be approved by the IAD Commander and entered in the IAD Complaint Database. 6. The disposition category of “Filed” is hereby redefined and shall be included under Administrative Dispositions as follows: a. An investigation that cannot be presently completed. A filed investigation is not a final disposition, but an indication that a case is pending further developments that will allow completion of the investigation. b. The IAD Commander shall review all filed cases quarterly to determine whether the conditions that prevented investigation and final disposition have changed and may direct the closure or continuation of the investigation. 7. Any member or employee who is a subject of an internal investigation, as well as any other member or employee on the scene of an incident at which misconduct has been alleged by a complainant, shall be interviewed and a recorded statement taken. However, investigators, with the approval of an IAD Commander, are not required to interview and/or take a recorded statement from a member or employee who is the subject of a complaint or was on the scene of the incident when additional information, beyond that already provided by the existing set of facts and/or documentation, is not necessary to reach appropriate findings and conclusions. (Negotiated Settlement Agreement III. E.) Discussion: There are six Departmental policies that incorporate the requirements of Task 5: Department General Order M-03, Complaints Against Department Personnel and Procedures (published December 6, 2005 and revised most recently on August 22, 2013); Communications Division Policy & Procedures C-02, Receiving and Logging Complaints Against Personnel and Use of Force Incidents (published April 6, 2007); Training Bulletin V-T.1, Internal Investigation Procedure Manual (published June 1, 2006); Special Order 8270, Booking of Prisoners at the Glenn E. Dyer Detention Facility (published June 24, 2005); Special Order 8565, Complaints Against Department Personnel (published May 11, 2007); and IAD Policy & Procedures 05-02, IAD Investigation Process (published December 6, 2005). In addition, NSA stipulations issued