seventeenth-quarterly-report.pdf

Seventeenth Quarterly Report of the Independent Monitor for the Oakland Police Department April 28, 2014 Page 45 Task 26.1 requires that the Force Review Board (FRB) review all Level 2 use of force investigations following the completion of the internal investigation (compliance standard: 95%). DGO K-4.1 requires that the FRB chair convene an FRB to review the factual circumstances of all Level 2 cases within 90 days of receipt of the use of force packet from IAD. OPD provided documentation for all eight incidents that were heard by the board during this reporting period of October 1, through December 31, 2013. We determined that all eight of the FRB reports we reviewed were timely. OPD is in compliance with this subtask. Task 26.2 requires that for every Level 2 use of force investigation, the FRB make a recommendation as to whether the use of force was in or out of policy (compliance standard: 95%). All eight FRB reports we reviewed contained recommendations noting that the use of force was in or not in compliance with policy, and all eight noted agreement or disagreement with the recommendation of the FRB by the Chief or his designee. The Chief disagreed with two FRB findings, and indicated that the use of force in these two cases was out of compliance with OPD policy. We are concerned that one of the FRBs we reviewed involved a premature finding of compliance. In this case, the legality of the stop was still in question, despite the fact that the reason for the stop and the severity of the crime are important components for the analysis of the use of force. The FRB noted that it did not appear that the officers’ actions fell within Department policy and that the activity by the officers amounted to a de facto detention (Terry Stop or investigatory detention) – and it directed IAD to conduct a supplemental investigation and re-interview the involved officers. However, despite this determination that additional investigation was necessary to complete the review process, it found the use of force to be in compliance. We reported a similar situation with an EFRB finding in our ninth quarterly report, and we will continue to discuss such issues with the Department. We attended two FRBs during our November 2013 site visit. During one proceeding, the investigator provided an explanation for an officer’s lack of providing commands to a suspect before using his Taser. However, the board did not address this issue with the investigator during the formal process or in the FRB report. We have observed 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. OPD is not 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 eight incidents that were heard by the board during this reporting period, two events were found out of compliance when the Chief disagreed with the FRB’s finding, thereby requiring a referral to IAD that was not appropriately documented in the FRB reports provided. OPD is not in compliance with this subtask. Case3:00-cv-04599-TEH Document979 Filed04/28/14 Page46 of 88