seventeenth-quarterly-report.pdf
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Seventeenth Quarterly Report of the Independent Monitor
for the Oakland Police Department
April 28, 2014
Page 44
Compliance Status:
Phase 1: In compliance
Phase 2: In compliance
Next Steps:
During our next site visit, we will continue to discuss with OPD the use of force command
review process involving the unjustified pointing of firearms, and the lack of use of the Portable
Digital Recording Devices (PDRDs) by officers in violation of OPD policy.
Task 26: Force Review Board (FRB)
Requirements:
OPD shall develop and implement a policy concerning its FRB proceedings. The policy shall:
1.
Set out procedures, membership and a timetable for FRB review of use of force
investigations involving Level 2 incidents, as defined in Department General
Order K-4, REPORTING AND INVESTIGATING THE USE OF FORCE;
2.
Require the FRB to review all use of force investigations;
3.
Require the FRB to make a recommendation as to whether the use of force was in
policy or out of policy;
4.
Require the FRB to forward sustained policy violations to the Discipline Officer.
5.
Require the FRB not to review any use of force allegation until the internal
investigations has been completed;
6.
Authorize the FRB to recommend to the Chief of Police additional use of force
training or changes in policies or tactics, or additional standards, investigatory
policies, or training for use of force investigations;
7.
Require the FRB to conduct an annual review of use of force cases examined, so
as to identify any patterns of use of force practices that may have policy or
training implications, and thereafter, issue a report to the Chief of Police;
8.
Require that the FRB membership include, at a minimum, one member from the
Training Division, one member from the Field Training Officer program, and
either the Bureau of Field Operations Deputy Chief or his/her designee;
9.
Minimally, that one member of the FRB shall be replaced at least annually.
(Negotiated Settlement Agreement V. C.)
Background:
During the last reporting period, we found OPD in partial compliance with Task 26.
Discussion:
As previously reported, our review of Department General Order K-4.1, Force Review Boards
(August 1, 2007), determined that this policy comports with the requirements of Task 26. 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.
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