fourteenth-report.pdf
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Independent Monitoring Team
Fourteenth Status Report of the Independent Monitor
Delphine Allen, et al., v. City of Oakland, et al.
July 31, 2009 to January 13, 2010
Page 98
3.
Promotional Consideration (Task 46; S.A. X.C.1.)
a.
Settlement Agreement Requirements
• By July 8, 2003, OPD’s promotion policy must be modified so
that sustained misconduct cases against a member/employee
are an important factor in determining promotability, including
presumptive ineligibility for promotion for twelve months
following the sustained finding of a Class I violation.
• The Settlement Agreement further requires the Chief of Police
to consider the following criteria, in addition to other factors, in
making promotional determinations:
o Commitment to community policing;
o Quality of citizen contacts;
o Number of citizen complaints;
o Instances of unnecessary use of force; and
o Support for Departmental integrity measures.
b.
Status of Compliance and Assessment
The compliance deadline for this task occurred in July 2003. As we previously reported,
OPD drafted a memorandum from the Office of the Chief of Police addressing these Settlement
Agreement requirements. The IMT reviewed the memorandum and found that it was too vague
to facilitate compliance with the Settlement Agreement. OPD subsequently decided not to
publish the memorandum until the OPD policy defining Class I and Class II offenses was
published in M-3, Complaints Against Departmental Personnel or Procedures. OPD completed
M-3 during the seventh reporting period, and we reported that OPD was in policy compliance
with this task based on information provided by OPD regarding the status of the Chief of Police
memorandum. While auditing this task during the ninth reporting period, we learned that OPD
never finalized or published the Chief of Police memorandum or any other policy incorporating
the requirements of this task.
During the tenth reporting period, the Department published the Chief of Police
memorandum on promotional consideration. During the current reporting period OPD published
Policy & Procedure 08-02, Personnel Division Policy and Procedure Manual, which outlines the
materials required to be included in promotional packets provided to the Chief and others for
consideration.
During the sixth reporting period, the IMT assessed OPD’s compliance with this task.
Though the IMT determined that most of the Settlement Agreement’s required factors were