seventeenth-quarterly-report.pdf

Seventeenth Quarterly Report of the Independent Monitor for the Oakland Police Department April 28, 2014 Page 84 Appendix B Selected Inactive Task Assessments During this reporting period, we conducted assessments of inactive Tasks12 and14. Task 12 requires the following: • Task 12.1:Investigators (IAD and Division Level) disclose in writing to their supervisors relationships which might lead to a bias or perception of bias regarding the subject(s) of any investigation, including relationships such as family relationships, outside business relationships, romantic relationships, close work or personal friendships (compliance standard: 90%). • Task 12.2:Where an investigator believes that s/he cannot conduct a fair and impartial investigation, or that his/her involvement will compromise the investigative process, or where the investigator was directly involved in the incident being investigated, the investigator is removed from the investigation (compliance standard: 95%). • Task 12.3:If an investigator indicates that s/he has a relationship with the involved parties that might lead to a perception of bias s/he provides details to the supervisor and the supervisor makes a recommendation regarding whether to replace the investigator, and, where appropriate, replaces the individual (compliance standard: 90%). OPD demonstrates compliance with the requirements of Task 12 by completing an IAD Recusal Form (IAD Form 13). On this form, the investigator must declare whether or not s/he had any involvement in the incident under investigation, and identify any relationships (including personal or professional) that s/he may have with any of the involved parties. Based on this declaration, the investigator’s supervisor must decide whether or not the case should be reassigned. The supervisor’s determination is also noted on the form. In each of the cases we reviewed during this reporting period, we noted the inclusion of a properly completed IAD Form 13, signed by both the investigator and supervisor. We did not note any cases that were reassigned based on potential investigator bias. OPD is in compliance with Task 12. We will review this Task again in a future reporting period. Task 14requires the following: • Task 14.1: OPD investigates allegations of MOR violations resulting from lawsuits involving misconduct and legal claims, and/or tort claims involving Class I and Class II violations, treating them in the same manner as other citizens’ complaints (compliance standard: 90%). • Task 14.2: The litigation and IAD process are handled separately and not delayed, halted, or modified because the underlying incident has resulted in civil litigation, unless Case3:00-cv-04599-TEH Document979 Filed04/28/14 Page85 of 88