seventeenth-quarterly-report.pdf
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Seventeenth Quarterly Report of the Independent Monitor
for the Oakland Police Department
April 28, 2014
Page 25
follow-up contacts were recorded by PDRDs, and the recordings refuted both the claim of
excessive force and the failure to take a complaint.
In the other case, also involving an involuntary psychiatric hold, a sergeant reviewing PDRD
footage noted that a subject asked for responding officers’ names and badge numbers, and they
failed to advise the supervisor of this request. However, when the subject asked for the officers’
information, she was also violently resisting her arrest – including kicking and spitting on the
officers, shouting profanities, and continuously resisting until she was secured in the back of a
police vehicle. Once she was subdued, the officers appropriately called the sergeant to the scene.
When the sergeant arrived, the subject was passive and apologetic, participated in the force
investigation interview, and never expressed any desire to make a complaint. The sergeant
provided her with an informational business card (IBC), should she desire to make a complaint at
a later time. The potential discovered violation of failing to take a complaint was
administratively closed, and the officers were counseled that they should have advised the
sergeant of the request for their names and badge numbers.
OPD remains in Phase 2 compliance with Task 6.
Compliance Status:
Phase 1: In compliance
Phase 2: In compliance
Task 7: Methods for Receiving Citizen Complaints
Requirements:
On or before December 1, 2003, OPD shall develop a policy to strengthen procedures for
receiving citizen complaints:
1.
IAD or Communication Division personnel shall staff a recordable toll-free
complaint phone line, 24-hours a day, and receive and process complaints in
accordance with the provisions of Departmental General Order M-3. The
complainant shall be advised that the call is being recorded when a complaint is
taken by IAD.
2.
Guidelines for filing a citizen’s complaint shall be prominently posted and
informational brochures shall be made available in key Departmental and
municipal locations.
3.
OPD shall accept anonymous complaints. To the extent possible, OPD shall ask
anonymous complainants for corroborating evidence. OPD shall investigate
anonymous complaints to the extent reasonably possible to determine whether the
allegation can be resolved.
4.
OPD personnel shall have available complaint forms and informational
brochures on the complaint process in their vehicles at all times while on duty.
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