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 104
I.
Independent Monitor Selection and Compensation (Task 49; S.A. XIII.)
Section XIII of the Settlement Agreement, Task 49, requires the Parties to select an
Independent Monitor. The compliance deadline for this provision occurred during the first
reporting period.
1.
Independent Monitor Selection and Compensation
(Task 49; S.A. XIII.)
a.
Settlement Agreement Requirements
• By April 15, 2003, the Parties must select a Monitor, subject to
the approval of the Court, who shall review and report on
OPD’s implementation of, and assist with, OPD’s compliance
with the Settlement Agreement. The Settlement Agreement
sets forth extensive provisions related to the Monitor’s duties.
b.
Status of Compliance and Assessment
The compliance deadline for this task occurred in April 2003. OPD obtained and remains
in compliance with this Settlement Agreement task. On July 15, 2003, the City Council
approved the Parties’ selection of a monitoring team. The Court approved that selection on
August 28, 2003. During the eleventh reporting period, the City Council approved a contract for
the IMT to continue to monitor OPD’s compliance with the Settlement Agreement until the end
of the extension period.
OPD is in compliance with Task 49. This task will not be actively monitored under the
MOU. If the Monitor observes material non-compliance with this task, the Monitor may conduct
reviews as necessary to determine whether the City has fallen out of substantial compliance and
the extent and nature of the alleged deficiency. (MOU, paragraph 11.)
J.
Compliance Unit (Tasks 50–51; S.A. XIV.)
Section XIV of the Settlement Agreement, Tasks 50–51, requires OPD to establish a
Compliance Unit to oversee and coordinate OPD’s compliance with the Settlement Agreement
and to conduct a variety of annual audits to determine OPD’s compliance with selected
provisions of the Settlement Agreement. The compliance deadline for establishing the
Compliance Unit (Task 50) occurred during the first reporting period. OPD is in compliance
with this task as it has not only established a Compliance Unit, but continues to staff it with
diligent individuals who work hard to facilitate implementation of the Settlement Agreement.
The compliance deadline for conducting the annual audits occurred during the eighth reporting
period. However, prior to this deadline, OPD had already conducted several audits and
published a Special Order incorporating the requirements of this task.