seventeenth-quarterly-report.pdf
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Seventeenth Quarterly Report of the Independent Monitor
for the Oakland Police Department
April 28, 2014
Page 47
Task 30: Executive Force Review Board (EFRB)
Requirements:
1.
An EFRB shall be convened to review the factual circumstances surrounding any
Level 1 force, in-custody death, or vehicle pursuit-related death incidents. A
firearm discharge at an animal shall be reviewed by the EFRB only at the
direction of the Chief of Police. The Board shall have access to recordings
and/or transcripts of interviews of all personnel on the scene, including witnesses,
and shall be empowered to call any OPD personnel to provide testimony at the
hearing.
2.
OPD shall continue the policies and practices for the conduct of EFRB, in
accordance with the provisions of DGO K-4.1, FORCE REVIEW BOARDS.
(Negotiated Settlement Agreement V. G.)
Background:
During the last two reporting periods, we found OPD in partial compliance with this Task.
Discussion:
As previously reported, OPD published Departmental General Order K-4.1, Force Review
Boards (February 17, 2006), which incorporates the requirements of Task 30. OPD revised
DGO K-4.1 on August 1, 2007. The policy also incorporates the requirements of Task 30. 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.
To assess the Department’s compliance with this Task, we reviewed EFRB documentation and
observed two EFRBs during our November site visit.(One was a follow-up to a previously held
EFRB.)
Task 30.1 requires that OPD convene an EFRB within 45 days of the completion of the use of
force (UOF) report by IAD (compliance standard: 95%). The EFRB reviewed two incidents
during this reporting period:
• The first case was initially reviewed by the EFRB in August 2013; in November, the
board reheard the case to address specific unanswered questions and resolve a
discrepancy. The incident involved a critical firearm discharge that resulted in the non-
fatal shooting of an alleged robbery suspect. The EFRB determined that the officer’s
lethal use of force was not in compliance with Department policy, and referred the
incident to IAD for appropriate administrative action.
• The second incident involved a critical firearm discharge by an officer during a Ceasefire
operation. OPD received information from a reliable source that a subject was armed
with a gun in a vehicle. After officers attempted a traffic stop, the driver of the vehicle
fled, leading the officers on a pursuit. The pursuit was authorized by supervisory
personnel as required. The suspect exited the vehicle and fled on foot and entered a
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