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 92 The Settlement Agreement’s Promotional Consideration section, Task 46, requires the Department to consider a variety of factors when making promotional decisions, including sustained misconduct cases, quality of citizen contacts, and support for Departmental integrity measures. The compliance deadline for this task occurred during the first reporting period. During the tenth reporting period, OPD completed a memorandum incorporating the requirements of this task. During the current reporting period, the IMT conducted actual practice compliance reviews with Task 44, Performance Appraisal; and Task 46, Promotional Consideration. 1. Performance Appraisal Policy (Task 44; S.A. X.A.) a. Settlement Agreement Requirements (see also Task 21) • By July 7, 2004, OPD must write individual annual performance appraisals for each member/employee being evaluated. These performance appraisals must accurately reflect the quality of the member/employee’s performance. The Settlement Agreement sets forth criteria for these performance appraisals, including documentation of complaints and patterns of conduct, and accountability of PSA lieutenants for the quality of community contacts by their beat officers. The Settlement Agreement further designates the supervisor responsible for completing the performance appraisal and requires OPD to conduct regular audits of the performance appraisal system to ensure compliance with the Settlement Agreement. b. Status of Compliance and Assessment The due date for this task occurred in July 2004. OPD developed a compliant policy incorporating this provision, General Order B-6, Performance Appraisal, in advance of the due date. 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 task. During the ninth reporting period, OPD published a revised version General Order B-6 to provide additional guidance to supervisors and managers. The IMT determined that the revisions comply with the Settlement Agreement, and verified that OPD has trained more than 95% of its personnel on the revised policy. As reported above, during the tenth reporting period, OPD published Special Order 8650, Performance Appraisals. The IMT has verified that the Department has trained 95% of relevant personnel on this policy. During the tenth reporting period, OPD entered into a stipulation with the Plaintiffs’ Attorneys to modify the NSA so that it does not require that information be included in performance appraisals in conflict with state law.