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 94 OPD is not in compliance with Task 44. 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.) 2. Consistency of Discipline Policy (Task 45; S.A. X.B.) a. Settlement Agreement Requirements • By June 15, 2004, OPD must revise and update its disciplinary policy to ensure that discipline is imposed in a fair and consistent manner. The updated disciplinary policy must describe the circumstances in which disciplinary action is appropriate and those in which Division-level corrective action is appropriate, and establish a centralized system for documenting and tracking all forms of discipline and corrective action. The Settlement Agreement also sets forth general criteria for OPD’s response to sustained findings in Class I and Class II investigations. b. Status of Compliance and Assessment The requirements of this task were modified by stipulation in June 2005 and again during the twelfth reporting period. The task now provides that the Discipline Officer may prepare a Discipline Recommendation without convening a Discipline Conference, at the Chief’s direction. The requirements of this provision are incorporated into General Order M-3, Complaints Against Departmental Personnel or Procedures; the Internal Affairs Policy and Procedure Manual; the Departmental Discipline Policy; and General Order B-6, Performance Appraisals. OPD completed General Order B-6 ahead of schedule and, during the seventh reporting period, completed the remaining policies incorporating this Settlement Agreement task. During the eighth 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. Task 45 requires the Department to implement discipline that is both fair and consistent. In response to this Settlement Agreement requirement, OPD created and implemented a progressive discipline system, including a new disciplinary policy and a Discipline Matrix. The Department developed this policy and Matrix after consultation with other agencies and months of internal deliberations regarding a variety of issues, including appropriate penalty ranges. Before the Matrix was finalized, the Chief of Police reviewed, adjusted, and approved it. The Chief expressed his commitment to implementing a disciplinary system that is fair and consistent and that uses a variety of means to correct behavior. During the tenth reporting period, OPD revised its Discipline Policy and Discipline Matrix based on concerns that, as originally revised and approved by the Department, it was overly punitive. These changes were reviewed and approved by the Parties and the IMT.