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 15
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Task 12, Disclosure of Possible Investigator Bias;
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Task 40, Personnel Assessment System; and
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Task 41, Use of Personnel Assessment System.
The results of these compliance reviews will be discussed in detail in the assessment
reports we provide OPD and the Plaintiffs’ Attorneys upon completion of each actual practice
review.
OPD has made notable progress in all of the areas assessed. Since our last status report,
OPD attained actual practice compliance with the following three tasks:
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Task 35, Use of Force Reports—Witness Identification;
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Task 39, Personnel Arrested, Sued and/or Served with Civil or Administrative
Process; and
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Task 46, Promotional Consideration.
The Department also attained actual practice compliance with portions of Task 20, Span
of Control for Supervisors; Task 30, Firearms Discharge Board of Review; and Task 44,
Performance Appraisal. OPD fell out of compliance with Task 24, Use of Force Reporting.
OPD currently is in full or partial actual practice compliance with 48 of the 51 Settlement
Agreement tasks. It is in full compliance with 32 tasks and partial compliance with 16 tasks.
V.
DETAILED COMPLIANCE REPORT4
In the interest of completeness, we discuss below the requirements for each section of the
Settlement Agreement and provide a brief statement of OPD’s progress thus far. Each task
update also includes information regarding any changes in the compliance standards as a result
of the discussions that occurred between the parties and IMT.
A.
Internal Affairs Division (IAD) (Task 1–16; S.A. III)
Section III of the Settlement Agreement, Tasks 1–16, concerns OPD’s Internal Affairs
Division. The Settlement Agreement requires broad reform in the receipt and investigation of
complaints of officer misconduct. This section also institutes mechanisms to ensure that
commanders and first line supervisors are held accountable for misconduct by OPD officers
under their command.
During the seventh and eighth reporting periods, OPD completed and trained its
personnel on several critical internal investigations-related directives, most notably General
Order M-3, Complaints Against Departmental Personnel or Procedures; the Internal
Investigation Procedure Manual (Training Bulletin Index Numbers V-T.1 and V-T.2); the
4 The paraphrased reiterations of the Settlement Agreement provisions in no way alter the requirements of the
Settlement Agreement.