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 66 serious incidents, including police pursuits resulting in death or serious injuries. We also continued to have regular discussions with the presenters, Board members, and commanders overseeing this process to learn their perspectives and provide any insights about how to improve the EFRB. During the current reporting period, we also conducted an actual practice compliance review of Task 30. Our review found that OPD still is not timely in convening Executive Force review Boards, that required participants do not attend each EFRB, and that training or information bulletins regarding each case that goes before the board are not always prepared. In a more positive development, we found that, since our last audit, OPD has shown substantial improvement in making disciplinary recommendations for serious policy, training or tactical violations associated with officer-involved shootings. OPD is out of compliance for Task 30. 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.) 8. Officer-Involved Shooting Investigation (Task 31; S.A. V.H.) a. Settlement Agreement Requirements • By July 20, 2004, OPD must develop and implement an officer-involved shooting (OIS) investigation policy that requires that in every OIS in which a person is struck: • Homicide and Internal Affairs investigators respond to the scene; • the investigation be conducted in partnership with, and in some cases by, the Alameda County District Attorney’s office; • subject officers be interviewed jointly by Homicide and District Attorney investigators; • the District Attorney and City Attorney be notified in accordance with the Settlement Agreement; and • all evidentiary material be duplicated and provided to the District Attorney’s office, IAD and the City Attorney’s office. 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