19th-quarterly-report.pdf

Nineteenth Quarterly Report of the Independent Monitor for the Oakland Police Department October 30, 2014 Page 17 a. An investigation that cannot be presently completed. A filed investigation is not a final disposition, but an indication that a case is pending further developments that will allow completion of the investigation. b. The IAD Commander shall review all filed cases quarterly to determine whether the conditions that prevented investigation and final disposition have changed and may direct the closure or continuation of the investigation. 7. Any member or employee who is a subject of an internal investigation, as well as any other member or employee on the scene of an incident at which misconduct has been alleged by a complainant, shall be interviewed and a recorded statement taken. However, investigators, with the approval of an IAD Commander, are not required to interview and/or take a recorded statement from a member or employee who is the subject of a complaint or was on the scene of the incident when additional information, beyond that already provided by the existing set of facts and/or documentation, is not necessary to reach appropriate findings and conclusions. (Negotiated Settlement Agreement III. E.) Discussion: There are six Departmental policies that incorporate the requirements of Task 5: Department General Order M-03, Complaints Against Department Personnel and Procedures (published December 6, 2005 and revised most recently on August 22, 2013); Communications Division Policy & Procedures C-02, Receiving and Logging Complaints Against Personnel and Use of Force Incidents (published April 6, 2007); Training Bulletin V-T.1, Internal Investigation Procedure Manual (published June 1, 2006); Special Order 8270, Booking of Prisoners at the Glenn E. Dyer Detention Facility (published June 24, 2005); Special Order 8565, Complaints Against Department Personnel (published May 11, 2007); and IAD Policy & Procedures 05-02, IAD Investigation Process (published December 6, 2005). In addition, NSA stipulations issued on December 12, 2005, and March 13, 2007, incorporate the requirements of this Task. 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 5 since the fourteenth reporting period. In each of the prior reporting periods, we found the Department in partial compliance with Task 5.7 To verify Phase 2 compliance with Tasks 5.1 through 5.5, we reviewed 91 entries that appeared on the Daily Incident Logs (DILs) that were completed between April 1, and June 30, 2014. We identified these by randomly selecting 48 dates during this reporting period and reviewing the entries for each of those dates. Task 5.1 requires that when a citizen wishes to file a complaint, the citizen is brought to a supervisor or IAD, or a supervisor is summoned to the scene (compliance standard: 95%). 7 Pursuant to an agreement among the Parties, Tasks 5.7- 5.11, and 5.13-5.14 are not subject to active monitoring.