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 53 o a supervisor to respond to the scene upon notification of an investigated use of force or an allegation of excessive use of force, unless community unrest or other conditions makes this impracticable; o OPD to notify the Alameda County District Attorney’s Office, the City Attorney’s Office and Departmental investigators in certain use of force incidents; and o OPD to enter data regarding use of force into OPD’s Personnel Information Management System (PIMS). b. Status of Compliance and Assessment The compliance deadline for this task occurred in July 2004. During the eighth reporting period, OPD completed its primary use of force policies, and trained over 95% of relevant personnel on these policies. OPD’s commitment to this project enabled it to complete both the policies and training by the court-ordered deadlines. General Order K-3, Use of Force, and General Order K-4, Reporting and Investigating the Use of Force, incorporate the Settlement Agreement’s requirements for this task. During the ninth reporting period, OPD completed and the IMT approved the following critical subsidiary use of force policies: General Order C-4, Safety Equipment; General Order K- 9, Department Canine Program; Training Bulletin III-B.4, Handcuffing Techniques; Training Bulletin V-G, Use of Police Canines; Training Bulletin III-H.1, Use of Taser; Training Bulletin III-H.2, Use of Handheld Impact Weapons; Training Bulletin V-F.2, Use of Chemical Agents; Training Bulletin III-X, Deadly Force and Vehicles; and Training Bulletin III-N, Recognizing and Handling Mentally Disturbed People. The Court ordered completion of the majority of the subsidiary policies by August 1, 2006, and the remaining policies by October 1, 2006, with training on all policies to be completed no later than December 30, 2006. OPD met the policy publication deadlines and reported that it also met the training deadlines. The IMT has confirmed that the Department has trained at least 95% of relevant personnel on these policies. The IMT has also verified that the Department has trained at least 95% of relevant personnel on Training Bulletin III B.1, Wrap Restraint Device, a policy that is not required by the NSA. 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 tasks in order to streamline the requirements. The IMT worked closely with OPD and Plaintiffs’ Attorneys on these revisions to ensure they continue to meet the language and intent of the NSA. In conjunction with these stipulations, OPD revised General Order K-3, General Order K-4, and General Order K-4.1. During the tenth reporting period, OPD also published Training Bulletin V-K, Excited Delirium; General Order B-12, Firearms Range Program; and Training Bulletin III-S, In-Custody Ingestion of Narcotics, though these policies are not required by the NSA. According to the Training Division, the Department has trained over 95% of relevant personnel on Training Bulletin V-K, Excited Delirium. Although this policy is not required by the NSA, it involves high-risk activities. The IMT has confirmed that the Department has trained at least 95% of