21st-quarterly-report.pdf

Twenty-First Quarterly Report of the Independent Monitor for the Oakland Police Department May 4, 2015 Page 86 her selection for her current assignment. She shared that she seeks the following in candidates for IAD assignments: strong investigative and administrative skills; exposure to other City departments; demonstrated ability to complete a Division-level investigation; aspiration or potential to achieve a higher rank in the Department; and the willingness to eventually return to Patrol and serve as a resource for his/her peers. IAD acquired seven new personnel as a result of the shift-bidding process at the beginning of the year. These were one-for-one replacements with personnel who left due to their transfer requests. IAD also recently acquired two more intake staff. Currently, there are 10 civilian staff members and 20 sworn personnel assigned to IAD (including the Integrity Testing Unit, or ITU). Following our request, OPD provided complete training records for all of the civilian and sworn personnel assigned to IAD. We found that 18 of the 20 sworn personnel in IAD attended the Peace Officer Standards and Training (POST)-certified internal affairs investigator’s course, as required by IAD 10-01, Internal Affairs Policy and Procedure Manual. IAD has made progress in the area of file security since OIG’s external consultant conducted its assessment. Currently, Task 1 folders for active members are stored in a safe in the IAD commander’s office unless they are temporarily removed for making entries or notations. The files for former and inactive members are kept under lock and key in the ITU office. OPD is in compliance with Task 1. Task 13, Documentation of Pitchess Responses During this reporting period, we conducted an assessment of inactive Task 13. Task 13 requires that OPD implement an additional check on responses to Pitchess discovery motion responses. Pitchess motions are filed by criminal defense attorneys seeking pretrial discovery related to complaints against officers involved in their clients’ arrests. To assess this Task, we reviewed related memoranda and other documentation; and interviewed the officer who handles the responses to Pitchess motions, the attorney who has represented the City in the Pitchess process for the past 12 years, and the captain who commands IAD. We found the Pitchess officer to be knowledgeable about the process and requirements for responding to the Pitchess motions. The attorney who handles the Pitchess motions advised us that the work by OPD has been thorough and complete. OPD estimates that it receives and responds to between 36-42 Pitchess motions each year. In 2014, it responded to 42 Pitchess motions. In 2015, as of the date of our review, the Department received seven Pitchess motions. All are handled by the Pitchess Officer who is assigned to IAD. (A second IAD officer has been trained in Pitchess procedures and can assist if necessary.) The Pitchess officer researches each motion, identifies the allegations, locates the files containing complaints involving the officers who are named, discusses them with the City Attorney, and delivers the list of potential witnesses to the court. A record exists for all