19th-quarterly-report.pdf
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Nineteenth Quarterly Report of the Independent Monitor
for the Oakland Police Department
October 30, 2014
Page 36
Task 24.9 requires OPD to enter data regarding use of force into OPD’s Personnel Assessment
System (PAS) (compliance standard: 95%). PAS now allows personnel to access use of force
reports directly. OPD is in compliance with Task 24.9.
OPD is in Phase 2 compliance with Task 24.
Compliance Status:
Phase 1: In compliance
Phase 2: In compliance
Next Steps:
We will continue to meet with OPD to provide feedback on specific use of force reports and to
assess how the Department is addressing the serious issue of pointing firearms – the act of which
may not only be unnecessary and inappropriate, but which also elevates the risk for unfortunate
and unjustified firearm discharges.
Task 25: Use of Force Investigations and Report Responsibility
Requirements:
An on-scene supervisor is responsible for completing an investigated use of force report in
accordance with the provisions of Departmental General Order K-4, “Reporting and
Investigating the Use of Force.”
1.
OPD shall develop and implement a policy for conducting and documenting use
of force investigations that include, at a minimum:
a.
Documentation of the incident in either an Offense or Supplemental
Report from the member(s)/employee(s) using force; and/or, when
necessary, a statement taken from the member(s)/employee(s) using force;
b.
Separating and separately interviewing all officers who were at the scene
at the time of the incident;
c.
A Supplemental Report from other members/employees on the scene or a
statement taken, if deemed necessary by the investigating supervisor;
d.
Identification and interviews of non-Departmental witnesses;
e.
Consideration of discrepancies in information obtained from members,
employees and witnesses, and statements in the reports filed;
f.
Whether arrest reports or use of force reports contain “boilerplate” or
“pat language” (e.g., “fighting stance”, “minimal force necessary to
control the situation”);
g.
Documentation of physical evidence and/or photographs and a summary
and analysis of all relevant evidence gathered during the investigation;
and
h.
Consideration of training/tactical issues involving the availability and
practicality of other force options.