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 72 During the thirteenth reporting period, we completed another actual practice compliance review of Task 33. We found that, while OPD was not yet in compliance with this task, Task 33 represents another task in which OPD, and IAD in particular, have made significant progress since our last review. Our findings are discussed in detail in our last status report. OPD is not in compliance with Task 33. 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.) 2. Vehicle Stops, Field Investigation and Detentions (Task 34; S.A. VI.B.) a. Settlement Agreement Requirements • By August 25, 2003, OPD members must complete a basic report on every vehicle stop, field investigation and detention. The Settlement Agreement sets forth particular information that must be included in this report. • OPD must enter this report data into a database that can be summarized, searched, queried and reported by personnel authorized by OPD. b. Status of Compliance and Assessment The compliance deadline for this task occurred in August 2003. OPD published a policy, Special Order 8012, Racial Profiling Stop-Data Collection Form, that complied with the Settlement Agreement. On November 15, 2004, OPD replaced this Special Order with General Order M-19, Prohibitions Regarding Racial Profiling and Other Bias-Based Policing. As previously reported, General Order M-19 is in many respects a model policy. It provides a clear definition of prohibited conduct, straightforwardly sets forth the responsibilities of various Departmental subunits, and provides guidance in the form of examples of prohibited conduct. If adhered to in practice, this policy is likely to have a significant positive impact on police- community relations in Oakland. During the fourth and fifth reporting period, OPD also published a technical guide, Promoting Cooperative Strategies to Reduce Racial Profiling. The technical guide was the culmination of months of work by a coalition of community/advocacy groups, corporations, the Oakland Police Officers Association and OPD. Together with M-19, the technical guide is an important contribution to nationwide efforts to reduce unjustified racial profiling. During the tenth reporting period, OPD published three report-writing manual inserts related to Task 34, RWM N-1, Misdemeanor Citation; RWM N-2, Traffic Citations; and RWM R-2, Stop Data Collection Form. The IMT has confirmed that the Department has trained at least 95% of relevant personnel on these policies.