seventeenth-quarterly-report.pdf
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Seventeenth Quarterly Report of the Independent Monitor
for the Oakland Police Department
April 28, 2014
Page 55
preliminary analyses to determine whether there appears to be disparate treatment within one or
more population groups, we have cautioned OPD to approach such an analyses in a careful and
deliberate manner. For example, the data may appear indicative of disparate treatment with
regards to the initial stops and or searches, either globally or within a specific district or squad.
However, initial indicators must be verified through an analysis of the documented basis for the
stops and/or searches to ensure that each meets Constitutional standards. In addition, the stop
data database must be of sufficient size to preclude numerical distortions; we have suggested that
12 months of data should be sufficient.
OPD has established a base from which it can move forward with various analyses of the data to
identify, correct and/or prevent any stop activities that are inconsistent with generally accepted
police practices and constitutional standards. As indicated above, the first step will be its
preliminary analysis of data collected since April 2013.
We have also recommended that OPD take steps to elevate interest in and attention to stop data
by officers, supervisors, and command staff through the issuance of training bulletins; and by
way of briefings and general discussions about the present data. In addition, we have
recommended that command staff commence the development of possible intervention protocols
should the data appear indicative of disparate treatment of any population group or groups.
Although OPD, specifically the Racial Profiling Manager, has not produced an official report
containing an analysis of the data collected and relevant policy recommendations as required, the
activities described above are indicative of progress with the November 15, 2004 policy. This
policy also requires that these data analyses reports be prepared for the Chief of Police at least
twice per year. We expect that OPD will issue its first, though preliminary, report during the
next reporting period. Following the issuance of the required report, OPD must carefully review
the data and analysis to identify any disparities of treatment between the several population
groups to “address, resolve and reduce…incidents of racial profiling or biased-based policing”
should any be found.16Although we are encouraged by the progress made during recent reporting
periods, OPD is not in full compliance with Task 34.3.1.
Task 34.3.2 requires that the data captured on the Stop Data Forms be entered completely and
accurately into the database (compliance standard: 85%). As noted above, the entering of stop
data into the Field Based Reporting system requires officers to make a selection in each form
field. If an officer fails to fill in the information in any field, the system will not allow the form
to be completed. Task 34.3.2 was created to govern the submission of data from the written
forms to the computerized system. Since this type of data entry is no longer necessary, the
Department is in compliance with Task 34.3.2.
OPD is in partial Phase 2 compliance with Task 34.
16United States District Court for the Northern District of California, Master Case File No. C00-4599 TEH, Order
Re: Compliance Director, dated December 12, 2012.
Case3:00-cv-04599-TEH Document979 Filed04/28/14 Page56 of 88