21st-quarterly-report.pdf
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Twenty-First Quarterly Report of the Independent Monitor
for the Oakland Police Department
May 4, 2015
Page 45
Task 30: Executive Force Review Board (EFRB)
Requirements:
1.
An EFRB shall be convened to review the factual circumstances surrounding any
Level 1 force, in-custody death, or vehicle pursuit-related death incidents. A
firearm discharge at an animal shall be reviewed by the EFRB only at the
direction of the Chief of Police. The Board shall have access to recordings
and/or transcripts of interviews of all personnel on the scene, including witnesses,
and shall be empowered to call any OPD personnel to provide testimony at the
hearing.
2.
OPD shall continue the policies and practices for the conduct of EFRB, in
accordance with the provisions of DGO K-4.1, FORCE REVIEW BOARDS.
(Negotiated Settlement Agreement V. G.)
Discussion:
OPD published Departmental General Order K-4.1, Force Review Boards (February 17, 2006),
which incorporates the requirements of Task 30. OPD revised DGO K-4.1 on August 1, 2007.
The policy also incorporates the requirements of Task 30. 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.
Task 30.1 requires that OPD convene an EFRB within 45 days of the completion of the use of
force (UOF) report by IAD (compliance standard: 95%). The EFRB did not review any use of
force incidents during this reporting period. OPD is in compliance with this subtask.
Task 30.2 requires that the EFRB has access to recordings and/or transcripts of interviews of all
personnel on scene, including civilian witnesses, and is empowered to call in any OPD personnel
it believes should testify (compliance standard: Yes/No). The EFRB did not review any use of
force incidents during this reporting period. OPD is in compliance with this subtask.
Task 30.3 requires that OPD complies with the policies and procedures set forth in DGO K-4.1,
Force Review Boards (compliance standard: Yes/No). This policy outlines several
requirements, including who comprises the board, the material to be made available for the
board, the conduct of the board, the information to be memorialized and follow-up actions, if
warranted. The EFRB did not review any use of force incidents during this reporting period.
OPD is in compliance with this subtask.
OPD is in Phase 2 compliance with Task 30.
Compliance Status:
Phase 1: In compliance
Phase 2: In compliance