21st-quarterly-report.pdf

Twenty-First Quarterly Report of the Independent Monitor for the Oakland Police Department May 4, 2015 Page 39 Discussion: OPD published Departmental General Order K-4, Reporting and Investigating the Use of Force (February 17, 2006), which incorporates the requirements of Task 25. OPD revised DGO K-4 on August 1, 2007. The revised policy also incorporates the requirements of Task 25. On November 23, 2010, OPD issued Special Order 9057, amending DGO K-4 to extend Level 1 and Level 4 reporting timelines. 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. OPD has been in Phase 2 compliance with Task 25 since the fourteenth reporting period. During this reporting period, we requested and reviewed 90 use of force reports, including: two Level 2; 13 Level 3; and a random sample of 75 Level 4 use of force reports; that were completed between July 1, and September 30, 2014. Task 25.1 requires IAD to complete a use of force report for every Level 1 use of force, and an on-scene supervisor to complete a use of force report for every Level 2 and 3 use of force (compliance standard: 95%). To assess this requirement during this reporting period, we reviewed documentation for 14 Level 1, 2, and 3 incidents. In all of the incidents, a supervisor responded to the scene and completed a use of force investigation. In addition, 17 Level 3 incidents in our Level 4 sample of 75 incidents were downgraded appropriately to Level 4 uses of force by a supervisor who was at the scene; the changes were documented and comported with the governing documents. This unusually high number of downgraded Level 3 reports for this reporting period are attributed to, in part, five large-scale protests and three Oakland Raiders football game-related disorderly conduct incidents. OPD is in compliance with Task 25.1. Task 25.2 requires that use of force reports/investigations include NSA-required elements (compliance standard: 90%) and are timely pursuant to DGO K-4 (compliance standard: 95%). All of the reports we reviewed for this subtask included the NSA-required elements. To assess investigation timeliness, we used a 75-day time limit for Level 1 incidents (including IAD Commander approval) plus one documented extension approved by the Chief of Police in advance of the due date, and a 15-day time limit for Level 2 and Level 3 incidents. For Level 4 incidents, as of November 23, 2010, OPD requires a review of the report by the end of the reviewing supervisor’s next scheduled workday. This is a change – which we supported – from requiring a supervisor’s review by the end of the tour of duty; it became effective by Special Order 9057. During this reporting period, all 90, or 100%, of the reports we examined were submitted within the time limits established by this subtask. As noted above, Level 2 and Level 3 force investigations are considered timely if they are completed (including Division Commander approval) within 15 calendar days of the incident, with one documented approved extension by the Division Commander allowed. We only consider extensions if they were approved by the appropriate personnel prior to the pre-extension due date.