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 79 In response to our audit, OPD made a number of significant changes in its approach to complaints of retaliation. The Court ordered OPD to consult with the City Attorney’s Office any time it receives an allegation of retaliation and to report the results of its investigations to the Court. OPD implemented integrity tests aimed at identifying possible retaliatory conduct. During the ninth reporting period, the City Attorney’s Office developed additional training, including a new policy, regarding retaliation. This policy was never adopted. Instead, during the eleventh reporting period, OPD revised its retaliation Manual of Rules (MoR) provision and drafted additional MoR provisions to further define OPD’s rules regarding retaliation. The IMT reviewed and approved these MoR provisions, 398.73, Retaliation; 398.74, Retaliation, Accountability; 175.95, Retaliation; 175.96, Adverse Actions; 175.97, Protected Activities. These MoR revisions are contained in Special Order No. 8789, published on January 22, 2008. During the thirteenth reporting period, we completed another actual practice compliance assessment of Task 37. We found significant improvement in OPD’s handling of retaliation cases. In our previous assessment of Task 37, we found that none of the retaliation cases were adequately investigated. In our most recent audit, we found OPD’s investigation of retaliation allegations sufficient in 71% of the cases reviewed. OPD’s investigations of retaliation cases, however, are not yet where they need to be. We continued to observe cases in which critical allegations were never addressed; cases closed without sufficient investigation; and an officer not held accountable for allegations that were investigated and sustained. One such case involved a complaint of retaliation related to one of the witness officers in the Riders case. Our audit report included a series of recommendations aimed at assisting OPD to continue to improve its handling of retaliation cases. During the current reporting period, OPD continued to provide quarterly reports to the Court listing the status of investigations into allegations of retaliation. OPD is not in compliance with Task 37. 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.) 6. Citizens Signing Police Forms (Task 38; S.A. VI.F.) a. Settlement Agreement Requirements • By August 25, 2003, OPD personnel must ensure that citizens who sign written statements on Statement Forms draw a diagonal stripe from the end of the written narrative to the bottom of the page and sign along the stripe. Citizen statements on offense reports must be signed by the citizen immediately following the statement.