seventeenth-quarterly-report.pdf

Seventeenth Quarterly Report of the Independent Monitor for the Oakland Police Department April 28, 2014 Page 57 To assess Phase 2 compliance for Task 35 for this reporting period, we reviewed 17 use of force reports, including: seven Level 2 and 10 Level 3 use of reports covering incidents that occurred between October 1, and December 31, 2013. (Per DGO K-4, Level 4 use of force reports do not require witness identification.) We assessed Task 35.1 in conjunction with Task 35.2. Task 35.1 requires that use of force reports include the name, telephone number, and addresses of witnesses to the incident when such information is reasonably available to the members/employees on the scene (compliance standard: 90%); and Task 35.2 requires that when there are no known witnesses, the use of force reports specifically state this fact (compliance standard: 90%). All 17 reports that we reviewed comported with these requirements. OPD is in compliance with these subtasks. Task 35.3 requires reports to document instances where witnesses are present but circumstances prevent the author of the report from gathering the data (compliance standard: 90%). During this reporting period no incidents fell into this category. OPD is in compliance with Task 35.3. Task 35.4 requires that use of force reports include the names of all other OPD members/employees witnessing the incident (compliance standard: 90%). We found no instances when an OPD witness was not documented in the 17 reports we reviewed. OPD is in compliance with Task 35.4. OPD is in Phase 2 compliance with Task 35. Compliance Status: Phase 1: In compliance Phase 2: In compliance Next Steps: During our next site visit, we will continue to request and examine any related audits completed by OIG to ensure that OPD is moving toward the long-term sustainability of this Task. Task 37: Internal Investigations-Retaliation Against Witnesses Requirements: OPD shall prohibit retaliation against any member or employee of the Department who: 1. Reports misconduct by any other member or employee, or 2. Serves as a witness in any proceeding against a member or employee. The policy prohibiting retaliation shall acknowledge that retaliation may be informal and subtle, as well as blatant, and shall define retaliation as a violation for which dismissal is the presumptive disciplinary penalty. Supervisors, commanders and managers shall be held accountable for the conduct of their subordinates in this regard. If supervisors, commanders or managers of persons engaging in retaliation knew or reasonably should have known that the Case3:00-cv-04599-TEH Document979 Filed04/28/14 Page58 of 88