19th-quarterly-report.pdf
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Nineteenth Quarterly Report of the Independent Monitor
for the Oakland Police Department
October 30, 2014
Page 46
Task 33: Reporting Misconduct
Requirements:
Within 154 days from the effective date of this Agreement, OPD shall establish policy and
procedures for the following:
Misconduct
OPD personnel shall report misconduct by any other member or employee of the Department to
their supervisor and/or IAD. The policy shall state that corrective action and or discipline shall
be assessed for failure to report misconduct. OPD shall require every member and employee
encountering a use of force that appears inappropriate, or an arrest that appears improper, to
report the incident to his/her supervisor and/or IAD. OPD shall establish and maintain a
procedure for a member/employee to report police misconduct on a confidential basis.
1.
Any member/employee of OPD may report a suspected case of police misconduct
confidentially to the commander of IAD.
2.
The member/employee reporting this conduct shall indicate clearly to the
commander of IAD that the report is being made under these confidential
provisions.
3.
The report may be made in person, by telephone, or in writing. The IAD
Commander shall document the report in a confidential file that shall remain
accessible only to the IAD Commander.
4.
The case shall be investigated without disclosure of the complainant’s name,
unless and until such disclosure is required by law.
5.
This confidential reporting procedure shall be made known to every member/
employee of OPD and to all new members/employees of OPD within two (2)
weeks of hiring.
(Negotiated Settlement Agreement VI. A.)
Discussion:
OPD has developed several policies that, in concert, incorporate the requirements of this Task.
These include: Manual of Rules (MOR) Section 314.48, Reporting Violations of Laws,
Ordinances, Rules or Orders; MOR Section 314.49, Confidential Reporting of Police
Misconduct; Departmental General Order D-16, Check-In and Orientation; MOR Section
370.18, Arrests; and MOR Section 370.27, Use of Physical Force. The Department has trained
at least 95% of relevant personnel on these policies, and remains in Phase 1 compliance with this
Task.
Since monitoring under the NSA began, OPD has received confidential reports of
misconduct in only four cases. We found OPD in Phase 2 compliance with Task 33 during
the last two reporting periods.
Reporting Misconduct
Task 33.1 requires that in all sustained internal investigations, OPD conduct an assessment
to determine whether members/employees/supervisors knew or should have known that