19th-quarterly-report.pdf
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Nineteenth Quarterly Report of the Independent Monitor
for the Oakland Police Department
October 30, 2014
Page 75
Compliance Status:
Phase 1: In compliance
Phase 2: In compliance
Task 45: Consistency of Discipline Policy
Requirements:
On or before October 6, 2003, OPD shall revise and update its disciplinary policy to ensure that
discipline is imposed in a fair and consistent manner.
1.
The policy shall describe the circumstances in which disciplinary action is
appropriate and those in which Division-level corrective action is
appropriate.
2.
The policy shall establish a centralized system for documenting and tracking all
forms of discipline and corrective action, whether imposed centrally or at the
Division level.
3.
All internal investigations which result in a sustained finding shall be submitted to
the Discipline Officer for a disciplinary recommendation. The Discipline Officer
shall convene a meeting with the Deputy Chief or designee in the affected chain-
of-command for a confidential discussion of the misconduct, including the
mitigating and aggravating factors and the member/employee’s overall
performance.
4.
The COP may direct the Discipline Officer to prepare a Discipline
Recommendation without convening a Discipline Conference.
(Negotiated Settlement Agreement X. B.)
Discussion:
Five Departmental policies incorporate the requirements of Task 45: Departmental General
Order M-03, Complaints Against Department Personnel and Procedures (published December 6,
2005 and revised most recently on August 22, 2013); Special Order 8552, Update of
Departmental Training Bulletin V-T.1, Internal Investigation Procedure Manual (published
February 1, 2007); Training Bulletin V-T.1 and V-T.2, Internal Investigation Procedure Manual
(published June 1, 2006); Internal Affairs Policy and Procedure Manual (published December 6,
2005); and Training Bulletin V-T, Departmental Discipline Policy (published September 3,
2010). 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.
During the last four reporting periods, we found OPD in compliance with Task 45.
Task 45.1 requires that OPD maintain a centralized system for documenting and tracking all
OPD forms of discipline and corrective action, whether imposed centrally or at the Division level
(compliance standard: Yes/No). To assess Phase 2 compliance with this subtask, we queried the
IAD database to identify all of the cases with at least one sustained finding that were approved