21st-quarterly-report.pdf

Twenty-First Quarterly Report of the Independent Monitor for the Oakland Police Department May 4, 2015 Page 56 General Order K-4, Reporting and Investigating the Use of Force (February 17, 2006), which also incorporates the requirements of Task 35. OPD revised DGO K-4 on August 1, 2007. The revised policy also incorporates the requirements of Task 35. 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. During all of the previous reporting periods, we found OPD in Phase 2 compliance with Task 35. To assess Phase 2 compliance for Task 35 for this reporting period, we reviewed 15 use of force reports, including: two Level 2 and 13 Level 3 use of reports covering incidents that occurred between October 1, and December 31, 2014. (Per DGO K-4, Level 4 use of force reports do not require witness identification.) We assessed Task 35.1 in conjunction with Task 35.2. Task 35.1 requires that use of force reports include the name, telephone number, and addresses of witnesses to the incident when such information is reasonably available to the members/employees on the scene (compliance standard: 90%); and Task 35.2 requires that when there are no known witnesses, the use of force reports specifically state this fact (compliance standard: 90%). All 15 reports that we reviewed comported with these requirements. OPD is in compliance with these subtasks. Task 35.3 requires reports to document instances where witnesses are present but circumstances prevent the author of the report from gathering the data (compliance standard: 90%). During this reporting period, two civil unrest incidents fell into this category. OPD is in compliance with Task 35.3. Task 35.4 requires that use of force reports include the names of all other OPD members/employees witnessing the incident (compliance standard: 90%). We found no instances when an OPD witness was not documented in the 15 reports we reviewed. OPD is in compliance with Task 35.4. OPD is in Phase 2 compliance with Task 35. Compliance Status: Phase 1: In compliance Phase 2: In compliance