19th-quarterly-report.pdf

Nineteenth Quarterly Report of the Independent Monitor for the Oakland Police Department October 30, 2014 Page 42 standard: 95%). All three FRB reports we reviewed contained recommendations noting that the use of force was in or not in compliance with policy, and all three noted agreement with the recommendation of the FRB by the Chief of Police or his designee. We attended no FRB proceedings during our May 2014 site visit. We have observed in recent reporting periods that the FRBs are more routinely addressing deficient investigations conducted by investigators; however, the boards should more aggressively address the issue of investigators including justification for the involved officers’ actions as part of their presentations moving forward. OPD is in compliance with Task 26.2. Task 26.3 requires that all FRB determinations that a use of force is out of compliance with OPD policy be forwarded to the Internal Affairs Division for disposition (compliance standard: 95%). Of the six incidents that were heard by the board during this reporting period, one event was found out of compliance, requiring a referral to IAD that was appropriately documented in the FRB reports provided. Despite the Department’s technical adherence to these provisions, we have noted previously that the board’s informality and lack of structure was not consistent with the conduct of a review process of this nature. Over the past few months, we have seen great improvement in this area, and we are continuing to provide technical assistance to the Department regarding the conduct of these boards. As of the publication of this report, the revisions of DGO K-4.1, Force Review Boards, which incorporate these changes formally, have been completed and adopted by the Department (on May 14, 2014). The revised policy was distributed through PowerDMS, and OPD members received the required training. Accordingly, OPD is in compliance with this subtask. Task 26.4 requires that the FRB make recommendations to the Chief of Police regarding additional use of force training, changes in policies or tactics, additional standards, investigatory policies, or training for use of force investigations (compliance standard: Yes/No). During the current reporting period, the three FRBs identified training issues; and discussed improper tactics, use of force reporting, activation of the PDRD, and the need for corrective supervisory counseling. OPD is in compliance with this subtask. Task 26.5 requires that the FRB conduct an annual review of use of force cases examined to identify any patterns of use of force practices (including K-3) that may have policy or training implications (compliance standard: Yes/No); and Task 26.6 requires that the FRB issue an annual report to the Chief of Police reporting on its annual review (compliance standard: Yes/No). The FRB issued its most recent annual review on April 23, 2013. The review identified several patterns and practices, including: officers are continuing to chase suspects who they believed to be armed with handguns into yards; and are striking resisting suspects to the head with either their fists and/or palm-hammer strikes. In addition, the review found that many officers are documenting in their reports that they had to use force because of the risk that a