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 20 OPD has continued to improve in the area of disciplinary timeliness. We found that the disciplinary process was completed within the required 30-day period 98% of the time. This significant and steady improvement over our last reviews (95% in June 2009; 79% in December 2008) serves both officers and the community well. In addition, the Department continues to show progress in ensuring that the statutory §3304 deadline is not exceeded: OPD reports that there are no presently pending investigations that have exceeded §3304 and that there have been none since our June 2009 review. No investigations in our dataset exceeded §3304. Our review showed that, on average, officers are notified of discipline 143 days after the date of complaint in sustained cases. This shows continued improvement over what we found during our June 2009 review, when, on average, officers were notified of discipline 154 days after the date of complaint in sustained cases. (In our December 2008 review, we found that, on average, officers were notified of discipline 197 days after the date of complaint in sustained cases.) During this review, the notification of discipline did not occur until over 250 days in two cases, over 200 days in three more cases, and over 150 in several more. Again, this sustained improvement in timeliness serves the entire Oakland community. OPD’s 180-day timeline for the completion of IAD investigations is longer by far than most agencies’ deadlines. Best practices require completion, except in unusual cases, of internal investigations within 30 or 60 days. A shorter timeframe means subject officers have an IAD case hanging over their heads for less time; sends a message to the community that the Department is responsive to their concerns about professional policing; and means that evidence is often fresher – and more reliable – than when cases drag on for months. IAD now has in place systems to ensure timeliness and is decreasing the previous crippling backlog of overdue investigations. As our most recent review demonstrated, half of Class I cases are already being completed in less than 130 days and half of Class II cases are being completed in less than 105 days. We encourage OPD to consider changing the IAD timeline back to 90 days, still a generous timeframe in comparison to many other agencies, and one that will better serve OPD officers and the Oakland community. OPD is in compliance with Task 2. This task will be actively monitored under the MOU. The Monitor will conduct the required audits, reviews or studies to assess whether OPD is complying with the substantive task requirements. (MOU, paragraph 10.) 3. IAD Integrity Tests (Task 3; S.A. III.C.) a. Settlement Agreement Requirements • By June 1, 2005, IAD must conduct integrity tests in situations where members/employees are the subject of repeated allegations of misconduct. • By June 1, 2005, IAD must set frequency standards, among other parameters, for such integrity tests.