21st-quarterly-report.pdf

Twenty-First Quarterly Report of the Independent Monitor for the Oakland Police Department May 4, 2015 Page 33 Task 20.5 requires that the span of control for special operations is determined by an Area Commander and is reasonable (compliance standard: 90%). In addition, the Department requires that sergeants supervise all special operations. To assess this subtask, we reviewed a random sample of 25 special operations plans of the 105 total operations conducted between October 1, through December 31, 2014, to determine whether the span of control for these operations was determined by the relevant commander and was reasonable. Our review found that all 25 of the special operations in our sample met these requirements. OPD is in compliance with Task 20.5. Task 20.6 requires that the Chief or his designee make decisions regarding any loans or transfers for long-term backfill (compliance standard: 85%). An Area Commander “backfills” a sergeant’s slot when the primary, or assigned, sergeant is unable to supervise his/her squad on a short-term basis. However, the Chief or his designee (generally, the Assistant Chief or Deputy Chief) is required to determine any loans or transfers for long-term backfill. We reviewed the Department’s weekly Personnel Orders issued between October 1, through December 31, 2014 for the signature of the Chief or his designee. We found that all of the Personnel Orders during this time period contained such a signature, indicating the Chief’s approval. The NSA does not require written documentation of loans and transfers for long-term backfills – merely that the Chief or his designee approves such loans and transfers. However, OPD policy requires such documentation. Specifically, Departmental General Order B-4, Personnel Assignments, Selection Process, and Transfers, states, “A unit commander/manager who needs a loan of personnel shall submit a justifying loan request to his/her Deputy Chief/Director requesting the loan.” Based on our recent discussions with the BFO Deputy Chief and other BFO personnel, as well as our review of Personnel Orders for other purposes (see above), it appears that OPD’s practice comports with Departmental policy. OPD is in compliance with Task 20.6. OPD is in Phase 2 compliance with Task 20. Compliance Status: Phase 1: In compliance Phase 2: In compliance Next Steps: As of January 2015, following discussions with our Team, the Department developed and implemented an alternate relief sergeant system. Although the new plan reduced the number of relief sergeants assigned to Patrol, OPD maintains that it will not affect compliance with Tasks 20.2 and 20.3. We are monitoring these developments closely, and we look forward to reviewing Task 20 with an altered methodology that appropriately accommodates these changes in the next reporting period.