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 51 (UFRB) and Firearms Discharge Board of Review (now Executive Force Review Board or “EFRB”). The Settlement Agreement also requires significant changes to use of force investigations, including mandating training in this area for supervisors. All of these requirements became due in July 2004. OPD achieved practice compliance with Task 32, which requires OPD to explore the use of camcorders in patrol vehicles, by that date. OPD had also achieved policy and training compliance with Task 27, which requires changes in OPD’s OC spray control mechanisms, by that date. With the completion in the eighth reporting period of General Order M-3, Complaints Against Departmental Personnel or Procedures, General Order M-4.1 Criminal Investigation of Member or Employee, and its Internal Investigation Procedure Manual, OPD achieved policy compliance with Task 29, which requires that OPD coordinate with the District Attorney when conducting administrative investigations of personnel if a criminal proceeding is potentially viable. During the eighth reporting period, the Court ordered that OPD complete its primary use of force policies, General Order K-3, Use of Force; General Order K-4, Reporting and Investigating the Use of Force; and General Order K-4.1, Force Review Boards; by February 17, 2006, and complete training on those policies by May 18, 2006. OPD committed substantial time and energy to this project and completed both policies and training on time. The IMT confirmed that the Department trained at least 95% of relevant personnel on General Order K-3, General Order K-4, and General Order K-4.1. During the ninth reporting period, OPD completed several critical subsidiary use of force policies associated with these primary policies. During the tenth reporting period, OPD and the Plaintiffs’ Attorneys agreed to a series of stipulations revising several of the NSA’s use of force sections in order to streamline the requirements. As a result, during the tenth reporting period, OPD revised General Order K-3, General Order K-4, and General Order K-4.1. The IMT has confirmed that OPD has trained at least 95% of relevant personnel on these revised policies. The IMT worked closely with OPD and the Plaintiffs’ Attorneys to ensure that these revisions addressed OPD’s operational and efficiency concerns while continuing to facilitate the proper reporting and investigation of force. The revised use of force policies developed by OPD embody contemporary, professional law enforcement standards designed to promote effective law enforcement while protecting civilians and police officers alike. In addition to the revised K-series policies, during the tenth reporting period, OPD published Training Bulletin V-K, Excited Delirium; and General Order B-12, Firearms Range Program. The Department also published Training Bulletin III-S, In-Custody Ingestion of Narcotics. Though this policy is not required by the NSA, it provides critical instruction to officers regarding a frequently encountered high risk activity. The IMT has confirmed that the Department has trained at least 95% of relevant personnel on Training Bulletin III-S. The IMT has verified that the Department has trained at least 95% of relevant personnel on: Training Bulletin V-G, Use of Police Canine; Training Bulletin III-H-1, Use of Taser; Training Bulletin III-H-2, Handheld Impact Weapons; Training Bulletin V F-2, Chemical Agents; Training Bulletin III B-4, Handcuffing Techniques; General Order K-9, Use of Canines;