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 30 Task 7 also requires OPD to accept and investigate anonymous complaints to the extent reasonably possible. During the eleventh reporting period, we completed a compliance review of this aspect of Task 7. We found that OPD is not yet in compliance with the requirement related to anonymous complaints. Our review report for Task 7.3 made a number of recommendations for improving investigations of anonymous complaints and attaining compliance. Upon receiving our report, IAD’s commander immediately developed and presented to investigators a training regarding anonymous complaints. During the current reporting period, the IMT reviewed the IAD database for recent entries of anonymous cases, and found that IAD personnel continue to classify cases with anonymous complaints in several different ways. We recommend that IAD develop a uniform method for marking and tracking these cases in its database to make it easier for it to identify and track the handling of these complaints. During the twelfth reporting period, we conducted a review of OPD’s actual practice in the remaining areas of Task 7. We found OPD in compliance with all of the requirements. The Department continues to operate a recordable, toll-free complaint phone line that is staffed by OPD personnel 24-hours a day to receive and process complaints. Task 7 also requires that guidelines for filing a misconduct complaint are prominently posted and informational brochures are made available in key Departmental and municipal locations, including that they are kept with Neighborhood Service Coordinators for availability at Neighborhood Crime Prevention Council meetings, and that these materials are available on the OPD website. OPD is in compliance with these requirements. As discussed above, it is also in compliance with the requirement that the materials be translated consisted with City policy. Complaint forms and brochures are available in Chinese, Spanish, and Vietnamese. However, despite this availability, we found that many of the Chinese-, Spanish-, and Vietnamese-translated complaint brochures currently in circulation still include English complaint form inserts. We also found OPD in compliance with the requirement that officers have complaint forms and brochures available in their vehicles at all times while on duty, but that OPD needs to ensure that they are always available in the necessary languages. OPD is in compliance with all of Task 7 except Task 7.3, investigation of anonymous complaints. Task 7.3 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.) The remainder of Task 7 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.) 8. Classifications of Citizen Complaints (Task 8; S.A. III.H.) a. Settlement Agreement Requirements • By June 15, 2004, OPD must, based on contemporary police standards and best practices, develop a policy establishing a classification system for citizen complaints. The Settlement Agreement calls for complaints to be divided into two