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 1 I. INTRODUCTION On January 22, 2003, the City of Oakland (City) and the Oakland Police Department (OPD) entered into a Negotiated Settlement Agreement (Settlement Agreement or NSA) resolving allegations of police misconduct raised by private plaintiffs in the civil lawsuit, Delphine Allen, et al., v. City of Oakland, et al. On August 28, 2003, Judge Thelton Henderson approved the appointment of Rachel Burgess, Kelli Evans, Charles Gruber, and Christy Lopez to serve as the Independent Monitoring Team (IMT). This is the fourteenth status report and the final status report of the IMT. This status report addresses the status of OPD’s compliance with the Settlement Agreement as of January 13, 2010, and provides a brief recounting of some of the significant achievements OPD has made during the past seven years. The NSA was initially scheduled to terminate on January 21, 2008. In March, 2007, the Court extended the Settlement Agreement for two years, until January 21, 2010, because the City and OPD had not achieved substantial compliance with the material provisions of the NSA, as required under the terms of the agreement. While OPD continued to make significant progress in complying with the NSA, in early 2009 it became clear to all parties that the City and Department would not be in substantial compliance with the NSA by January 21, 2010. Consequently, the Court directed the parties to come to an agreement regarding how compliance will be assessed after January 2010. The IMT informed the parties that it would not be available to serve as the monitoring team for any further extension period and assisted the parties to craft an agreement for completing the remaining reform work. On November 13, 2009, the parties reached a Memorandum of Understanding (MOU) to extend the majority of the NSA for another two years, until January 21, 2012. The City and Plaintiffs’ Attorneys jointly interviewed monitor candidates, and selected a new entity to monitor compliance during the extension period. The Court has approved the parties’ selection of Police Performance Solutions, LLC. II. IMT MONITORING ACTIVITIES THIS REPORTING PERIOD The IMT continued to provide ongoing monitoring and technical assistance during this reporting period. The IMT regularly attended OPD Management Assessment Program and Crime Stop meetings; Internal Affairs Division weekly meetings; Executive Force Review Boards; Use of Force Review Boards; and the monthly meetings required by the Settlement Agreement. The IMT continued to meet with OPD officers, supervisors, commanders, and managers to discuss policy development and implementation, training, and other compliance issues. OPD staff with whom the IMT met included officials from the Office of Inspector General, Bureau of Field Operations, Bureau of Investigations, Bureau of Services, Internal Affairs Division, and Training Division; OPD officers, supervisors, and commanders, including sergeants, lieutenants, and captains; the Discipline Officer; each of the three Deputy Chiefs; the former Acting Chief Howard Jordan and current Chief Anthony Batts. In addition, the IMT met with a variety of other stakeholders, including: the Plaintiffs’ Attorneys; Oakland community members and groups; the City Administrator; the Office of the City Attorney; Alameda County Sheriff’s Department officials; and the Public Defender’s Office.