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 61 During the current reporting period we attempted to complete another actual practice compliance review of Task 26. While we selected a review period that allowed sufficient time for all cases to have undergone board review, we found that too few during our review period had completed the board process and were thus ready for our review. Upon learning from the IMT about the outstanding cases, OPD informed us that these cases should have been reviewed by the Force Review Board and that it would review its processes to identify how and where the cases had been missed. OPD is out of compliance with Task 26. This task 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.) 4. Oleoresin Capsicum Log and Checkout Procedures (Task 27; S.A. V.D.) a. Settlement Agreement Requirements • By July 20, 2004, OPD must develop and implement a policy for logging the checking out and use of Oleoresin Capsicum (OC) spray canisters by any member or authorized employee. • By July 22, 2004, this log must be computerized and electronically accessible and OPD must regularly prepare and distribute usage reports. b. Status of Compliance and Assessment The compliance deadlines for this task occurred in July 2004. As previously reported, OPD published Special Order 8061, Control of Oleoresin Capsicum, well in advance of the due date. Special Order 8061 makes OPD’s Property and Evidence Unit (PEU) responsible for issuing OC canisters to OPD officers and tracking their use. The IMT reviewed this policy and determined it to be in compliance with the Settlement Agreement. During the seventh reporting period, OPD provided the IMT with sufficiently reliable training data to enable us to confirm that OPD had trained 95% or more of relevant personnel on this policy. During the tenth reporting period, on December 29, 2006, OPD published Department General Order C-8, Oleoresin Capsicum. The IMT has confirmed that the Department has trained at least 95% of relevant personnel on this policy. During the seventh reporting period, the IMT interviewed officers on all three patrol shifts regarding their understanding of Task 27’s requirements. Based on our interviews, OPD officers appeared to have a solid grasp of the most important elements of this task. As a result, the IMT changed its conditional training compliance determination for this task to an unconditional in-compliance finding. During the seventh reporting period, the IMT also audited OPD’s compliance with Task 27 in actual practice. The IMT found that OPD was in compliance with the requirement that it