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 18 We found OPD in conditional compliance with Task 1, pending completion of scheduled training courses for several members. During the tenth reporting period, OPD completed training for these members. Accordingly, we moved OPD from conditional compliance to full compliance for Task 1. Also during the tenth reporting period, OPD published IAD Policy & Procedure 07- 07, Office Security. This policy sets out procedures that facilitate the integrity of the investigative process by requiring that IAD offices and investigative files are maintained in a secure and confidential manner. During the tenth reporting period, the IMT confirmed that the Department has trained at least 95% of relevant personnel on this new policy. Also during the tenth reporting period, the compliance standards for Task 1 were lowered from 95% to between 85% and 90% depending on the particular provision. During the thirteenth reporting period, the IMT assessed whether IAD continued to comply with the specialized training required by Task 1 for IAD staff. In particular, we assessed whether the current IAD commanders, investigators, intake officers, case management officers, and Pitchess Motion officer attended a POST-certified Internal Affairs course as soon as possible following their assignment to IAD. We found that OPD remained in compliance with this requirement. Absent extenuating circumstances, OPD continued to provide the required training to relevant new personnel. OPD is in compliance with Task 1. 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.) 2. Timeliness Standards and Compliance with IAD Investigations (Task 2; S.A. III.B.) a. Settlement Agreement Requirements • By June 15, 2004, OPD must develop and, by July 1, 2004, implement, timeliness standards for the completion of Internal Affairs investigations, administrative findings, and recommended discipline. • IAD command and the Department’s command staff must regularly monitor compliance with these timeliness standards. • If IAD experiences an unusual proliferation of cases and/or workload, IAD staffing must be increased to maintain timeliness standards. b. Status of Compliance and Assessment The implementation deadline for this task occurred in July 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