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 80 b. Status of Compliance and Assessment The compliance deadline for this task occurred in August 2003. OPD achieved policy compliance by publishing an Information Bulletin on Citizens Signing Police Forms on October 22, 2003. During the sixth 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 task. During the seventh reporting period, the IMT interviewed officers on all three patrol shifts regarding their understanding of Task 38’s requirements. Based on our interviews, we found that OPD officers had 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 an audit conducted during the second quarter reporting period, the IMT determined that OPD’s actual practice in this area were not in compliance with the Settlement Agreement and made several recommendations to OPD to help achieve compliance. These recommendations included providing refresher training; explaining to officers the intent and importance of this Settlement Agreement provision; exploring the use of a single, uniform method for obtaining citizen statements; and improving supervisory review of citizen statements. During the seventh reporting period, OIG conducted an internal audit of Task 38 and found OPD’s current practices in compliance with the Settlement Agreement’s requirement 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. OPD did not audit whether citizen statements on offense reports were signed by the citizen immediately following the statement because the Department no longer allows officers to take citizen statements directly on offense reports. During the eighth reporting period, the IMT conducted a second actual practice audit of this task and found OPD in compliance with this task in actual practice. A complete discussion of our audit findings is included in our eighth status report. During the tenth reporting period, the compliance standards for this task were lowered from 95% to 85%. OPD is in compliance with Task 38. This task will not be actively monitored under the MOU. If the Monitor observes material non-compliance with this task, the Monitor may conduct reviews as necessary to determine whether the City has fallen out of substantial compliance and the extent and nature of the alleged deficiency. (MOU, paragraph 11.) 7. Personnel Arrested, Sued and/or Served with Civil or Administrative Process (Task 39; S.A. VI.G.) a. Settlement Agreement Requirements • By August 25, 2003, OPD must establish a policy and procedure requiring OPD personnel to report within seventy-