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 36 At the end of the thirteenth reporting period, OIG conducted its own assessment of the Department’s compliance with Task 12. Like the IMT, OIG also found OPD out of compliance with the subtask that requires that OPD complaint investigators disclose relationships that might lead to bias or a perception of bias. Accordingly, OPD remains out of compliance with Task 12. Task 12 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.) 13. Documentation of Pitchess Responses (Task 13; S.A. III.L.) a. Settlement Agreement Requirements • By June 1, 2005, OPD must implement an additional check on Pitchess discovery motion responses. b. Status of Compliance and Assessment The compliance deadline for Task 13 occurred in June 2005. During the seventh and eighth reporting periods, OPD published the policies that incorporate the requirements of Task 13 and trained its personnel on the policies. The policies are General Order M-3, Complaints Against Departmental Personnel or Procedures, and IAD Policy and Procedure 05-03. On May 3, 2007, the Department published Internal Affairs Policy & Procedure 07-02, Pitchess Motion Process Manual. The IMT has confirmed that the Department has trained 95% of relevant personnel on Internal Affairs Policy & Procedure 07-02. During the tenth reporting period, OPD proposed a series of changes to General Order M- 3 and to its Internal Investigations and Internal Affairs policies and procedures manuals. As discussed above, during the eleventh reporting period, the IMT worked closely with the Department to revise these policies. During the eighth reporting period, the IMT conducted an actual practice audit of this task. A complete discussion of our audit findings is included in our eighth status report. The IMT found OPD in compliance with this task. The Department has implemented additional checks to facilitate complete and accurate responses to Pitchess discovery motions. During the tenth reporting period, the compliance standard for this task was modified to include a more subjective pass/fail assessment. OPD is in compliance with Task 13. 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.)