19th-quarterly-report.pdf

Nineteenth Quarterly Report of the Independent Monitor for the Oakland Police Department October 30, 2014 Page 13 3. Criteria shall be established which must be met prior to moving, from “open” to “closed,” any investigation in the complaint database.5 (Negotiated Settlement Agreement III. D.) Discussion: There are four Departmental policies that incorporate the requirements of Task 4: Department General Order M-03, Complaints Against Department Personnel and Procedures (published December 6, 2005 and revised most recently on August 22, 2013); Department General Order M-3.1, Informal Complaint Resolution Process (published December 6, 2005 and revised most recently on November 10, 2008); Special Order 8552, Update of Departmental Training Bulletin V-T.1, Internal Investigation Procedure Manual (published February 1, 2007); and Communications Division Policy & Procedures C-02, Receiving and Logging Complaints Against Personnel and Use of Force Incidents (published April 6, 2007). 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. Only two provisions of Task 4 (4.7 and 4.10) are being actively monitored under the MOU. During all of the previous reporting periods, we found OPD in Phase 2 compliance with both of these requirements. Task 4.7 requires that every complaint received by any supervisor or commander be reported to IAD on the day of receipt (compliance standard: Yes/No). If IAD is not available, the supervisor or commander shall contact IAD at the start of the next business day. To assess Phase 2 compliance for Task 4.7, we reviewed 91 Daily Incident Log (DIL) entries and a random sample of 65 IAD case files that were approved during the period of April 1, through June 30, 2014. The Office of Inspector General forwards completed DILs to us on a daily basis. We found no evidence of unwarranted delay in the delivery of these complaints or in the intake process once IAD was made aware of them. OPD is in compliance with Task 4.7. Task 4.10 requires that OPD comply with criteria it has established when resolving complaints through informal complaint resolution (ICR), administrative closure, or summary finding (compliance standard: 90%).6 This subtask is intended to ensure that OPD provides the proper level of investigation for each complaint, and does not resolve meritorious complaints of misconduct without determining – and documenting – whether the OPD member or employee committed misconduct. During this reporting period, from a sample of IAD cases that were approved between April 1, and June 30, 2014, we reviewed 10 cases in which at least one allegation was resolved via administrative closure, eight cases in which at least one allegation was resolved via informal 5 The underlined requirements are the only provisions of Task 4 that are being actively monitored under the MOU. 6 Summary findings are investigations in which the Department believes a proper conclusion can be determined based on a review of existing documentation with limited or no additional interviews and follow-up.