seventeenth-quarterly-report.pdf

Seventeenth Quarterly Report of the Independent Monitor for the Oakland Police Department April 28, 2014 Page 79 OPD is in Phase 2 compliance with Task 43.1.1. Compliance Status: Phase 1: In compliance Phase 2: In compliance Task 45: Consistency of Discipline Policy Requirements: On or before October 6, 2003, OPD shall revise and update its disciplinary policy to ensure that discipline is imposed in a fair and consistent manner. 1. The policy shall describe the circumstances in which disciplinary action is appropriate and those in which Division-level corrective action is appropriate. 2. The policy shall establish a centralized system for documenting and tracking all forms of discipline and corrective action, whether imposed centrally or at the Division level. 3. All internal investigations which result in a sustained finding shall be submitted to the Discipline Officer for a disciplinary recommendation. The Discipline Officer shall convene a meeting with the Deputy Chief or designee in the affected chain- of-command for a confidential discussion of the misconduct, including the mitigating and aggravating factors and the member/employee’s overall performance. 4. The COP may direct the Discipline Officer to prepare a Discipline Recommendation without convening a Discipline Conference. (Negotiated Settlement Agreement X. B.) Background: During the last reporting period, we found OPD in compliance with Task 45. Discussion: There are several Departmental policies that incorporate the requirements of Task 45: • Departmental General Order M-03: As previously reported, OPD published Departmental General Order M-03, Complaints Against Department Personnel and Procedures, on December 6, 2005. General Order M-03 was revised in February 2008, and again in June 2013. The revised policy also incorporates the requirements of these subtasks. Case3:00-cv-04599-TEH Document979 Filed04/28/14 Page80 of 88