19th-quarterly-report.pdf
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Nineteenth Quarterly Report of the Independent Monitor
for the Oakland Police Department
October 30, 2014
Page 37
i.
Supervisor’s justification as to why any element of the policy was not
documented; and
2.
All supervisors shall be trained in conducting use of force investigations and such
training shall be part of a supervisory training course.
3.
Use of force investigations shall include a recommendation whether the use of
force was objectively reasonable and within Department policy and training. The
recommendation shall be based on the totality of the circumstances and shall
consider, but is not limited to, the following factors:
a.
Whether the force used was pursuant to a legitimate law-enforcement
objective;
b.
Whether the type and amount of force used was proportional to the
resistance encountered and reasonably related to the objective the
members/employees were attempting to achieve;
c.
Whether the member/employee used reasonable verbal means to attempt
to resolve the situation without force, if time and circumstances permitted
such attempts;
d.
Whether the force used was de-escalated or stopped reasonably when
resistance decreased or stopped;
4.
use of force reports shall be reviewed by the appropriate chain-of-review as
defined by policy.
The type of force used, the identity of the involved members, and the report
preparer shall be the determining criteria for utilizing the appropriate chain-of-
review. Reviewers may include, when appropriate, the chain-of-command of the
involved personnel, the appropriate Area Commander on duty at the time the
incident occurred, other designated Bureau of Field Operations commanders, and
as necessary, the chain-of-command of the involved personnel up to the Division
Commander or Deputy Chief/Director, and the Internal Affairs Division.
Reviewers for Level 1-3 use of force investigations shall:
a.
Make a recommendation as to whether the use of force was in or out of
policy,
b.
Order additional investigation and investigative resources when
necessary, and
c.
Comment on any training issue(s) when appropriate.
5.
Any recommendation that the use of force did not comply with Department policy
shall result in the incident being referred to the Internal Affairs Division to
conduct additional investigation/analysis, if necessary.
6.
Members/employees involved in a use of force incident resulting in serious injury
or death and/or an officer-involved shooting, shall be separated from each other
as soon as practicable at the incident scene, and kept apart until they have
completed their reports and been interviewed.
(Negotiated Settlement Agreement V. B.)