21st-quarterly-report.pdf

Twenty-First Quarterly Report of the Independent Monitor for the Oakland Police Department May 4, 2015 Page 25 Task 7: Methods for Receiving Citizen Complaints Requirements: On or before December 1, 2003, OPD shall develop a policy to strengthen procedures for receiving citizen complaints: 1. IAD or Communication Division personnel shall staff a recordable toll-free complaint phone line, 24-hours a day, and receive and process complaints in accordance with the provisions of Departmental General Order M-3. The complainant shall be advised that the call is being recorded when a complaint is taken by IAD. 2. Guidelines for filing a citizen’s complaint shall be prominently posted and informational brochures shall be made available in key Departmental and municipal locations. 3. OPD shall accept anonymous complaints. To the extent possible, OPD shall ask anonymous complainants for corroborating evidence. OPD shall investigate anonymous complaints to the extent reasonably possible to determine whether the allegation can be resolved. 4. OPD personnel shall have available complaint forms and informational brochures on the complaint process in their vehicles at all times while on duty. Members/employees shall distribute these complaint forms and informational brochures when a citizen wishes to make a complaint, or upon request. 5. IAD shall be located in a dedicated facility removed from the Police Administration Building. 6. Complaint forms and informational brochures shall be translated consistent with City policy. 7. Complaint forms shall be processed in accordance with controlling state law.8 (Negotiated Settlement Agreement III. G.) Discussion: OPD published Departmental General Order M-03, Complaints Against Department Personnel and Procedures, which incorporates the requirements of Task 7, on December 6, 2005. General Order M-03 was revised most recently on August 22, 2013. As the Department has trained at least 95% of relevant personnel on this policy, we find OPD in continued Phase 1 compliance with this Task. Only one provision of Task 7 (7.3) is being actively monitored under the MOU. OPD has been in Phase 2 compliance with this Task since the second reporting period. To assess Phase 2 compliance with this Task, we reviewed all cases listed in the Internal Affairs Division database as originating from complainants who were “anonymous,” “unknown,” “refused,” or any forms of those terms (such as “unk”) and that were approved between October 8 The underlined requirement is the only provision of Task 7 that is being actively monitored under the MOU.