seventeenth-quarterly-report.pdf

Seventeenth Quarterly Report of the Independent Monitor for the Oakland Police Department April 28, 2014 Page 48 walkway next to a residence where he turned and pointed a firearm at the involved officer. The involved officer discharged his weapon and struck the suspect, who was pronounced dead at the scene. The EFRB’s final report was completed during this reporting period. We will follow up with OPD and report on this critical firearm discharge event during the next reporting period. We verified that the two EFRBs fell within 45 days of the completion of the use of force reports covering the incidents. OPD is in compliance with this subtask. Task 30.2 requires that the EFRB has access to recordings and/or transcripts of interviews of all personnel on scene, including civilian witnesses, and is empowered to call in any OPD personnel it believes should testify (compliance standard: Yes/No). In the documentation we reviewed, recorded statements and/or transcripts were available from all officers on the scene and other personnel needed to testify. OPD is in compliance with this subtask. Task 30.3 requires that OPD complies with the policies and procedures set forth in DGO K-4.1, Force Review Boards (compliance standard: Yes/No). This policy outlines several requirements, including who comprises the board, the material to be made available for the board, the conduct of the board, the information to be memorialized and follow-up actions, if warranted. We reviewed the reports that were prepared for the two incidents that were heard by the board during the current reporting period. The required attendees were present in both cases. After review and deliberations, the board determined that the subject officers’ actions in all four cases were in compliance with Departmental policy. The Chief endorsed the EFRB findings within 60 days of the board’s decision. The board identified the adequacy of equipment, tactics, an analysis of each application of force, investigative concerns, and training issues that required the appropriate corrective action. However, despite the Department’s technical adherence to these provisions, we have observed during our recent site visits and technical assistance visits that the board’s informality and lack of structure is not consistent with the conduct of a review process of this nature. We intend to continue discussions with the Department regarding the necessity to improve the conduct of these boards. OPD is currently revising DGO K-4.1, Force Review Boards, and has sought the input of the Monitor. The policy revisions are still pending at this time. Accordingly, OPD is not in compliance with this subtask. Due to the first reviewed incident being a follow-up from an EFRB held during a previous reporting period, and the second reviewed incident’s findings being held in abeyance while additional information is being obtained, OPD remains in partial Phase 2 compliance with Task 30. Case3:00-cv-04599-TEH Document979 Filed04/28/14 Page49 of 88