fourteenth-report.pdf

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 17 misconduct are notified. We are currently completing actual practice reviews of the quality of IAD’s investigations; and whether IAD ensures that investigations are completed by impartial investigators. 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. The significance of the improvements in OPD’s receipt and investigation of officer misconduct complaints cannot be overstated. OPD is a vastly improved department when it comes to misconduct investigations. As will be discussed in more depth in our pending compliance assessment report, OPD must still make several small but exceedingly difficult changes if it hopes to position itself to gain community confidence in its ability and willingness to hold accountable OPD officers for misconduct. 1. IAD Staffing and Resources (Task 1; S.A. III.A.) a. Settlement Agreement Requirements • By August 13, 2004, OPD must revise certain policies and procedures related to IAD investigations and create an IAD procedural manual for conducting complaint investigations. (This requirement applies to Tasks 1–16 and is reiterated in Task 10.) • By August 13, 2004, OPD must train all personnel to ensure they have received, understand and comply with new and revised Departmental policies and procedures. (This requirement applies to Tasks 1–16 and is reiterated in Task 10.) • By August 13, 2004, the IAD procedural manual must address: assignment and rotation of officers; training and qualifications of members and other personnel in IAD; appropriate background checks of IAD personnel; and confidentiality of IAD information. b. Status of Compliance and Assessment The revised compliance deadline for this task was in August 2004. During the seventh and eighth reporting periods, OPD completed the policies incorporating this Settlement Agreement task and trained its personnel on these policies. The policies are 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 Internal Affairs Policy & Procedure Manual (including Policies 05-01 through 05-04); and the Departmental Discipline Policy (Training Bulletin Index Number V-T). During the ninth reporting period, the IMT audited OPD’s actual practice compliance with this task. A complete discussion of our audit findings is included in our ninth status report.