ninth-report.pdf

Independent Monitoring Team Ninth Status Report of the Independent Monitor Delphine Allen, et al., v. City of Oakland, et al. May 13, 2006, to November 30, 2006 Page 7 We also found that, in some cases with multiple violations, OPD incorrectly calculated the correct presumptive penalty. The Matrix requires that in cases with more than one sustained violation, penalties be added together. However, in cases we reviewed, these calculations were often in error, again resulting in lower disciplinary recommendations than if the Matrix had been applied as written. We also observed instances of discipline recommendation memoranda with inaccurate accounts of an employee’s disciplinary history. These memoranda stated that members or employees had no disciplinary records or less serious ones than they actually had. By understating the actual disciplinary history, these inaccurate memoranda served to justify a lower level of discipline than would otherwise have been appropriate. OPD asserts that this practice of imposing penalties lower than the ranges contemplated by its disciplinary policy is not cause for concern but is, rather, the Chief's attempt to correct what he views to be overly punitive penalties. In OPD's view, imposing lower penalties makes OPD's disciplinary system more, not less, fair and brings it into line with the Chief's disciplinary philosophy. OPD also points out that it is substantially revising the Matrix to bring it more in line with the Chief’s approach to discipline and OPD's actual practice. Nevertheless, we remain concerned that variances outside of the Matrix’s penalty ranges in disciplinary recommendations and final discipline decisions have become the norm rather than the exception, and that no specific justification was given for these departures, as required by OPD's own policy. These facts risk undermining the perception within the Department and the community that OPD's disciplinary system is fair and consistent, and diminish the confidence-building transparency that the adoption of a Matrix was meant to provide. We have recommended that OPD complete its proposed revisions to its disciplinary system as soon as possible and that it implement safeguards against incorrect charging and sustaining decisions so that deviations from the Matrix are the exception and, where they do occur, their justification is documented. Field Training Program Staffing As discussed above, OPD has made considerable and impressive progress in its Field Training Program. However, the program’s success stands in the balance. The Department’s continued success and ability to attain full compliance with this task will depend on adequate staffing of the Field Training Unit. The Unit is facing increasing demands due to OPD’s stepped-up recruiting and training efforts. OPD has been conducting more frequent academies, resulting in greater numbers of trainees and Field Training Officers in the program. This brings with it increased demands on supervision and program administration. While conducting our audit, we observed slippage in several critical areas due to staffing that has not always kept pace with increased program demands. We recognize that OPD has a number of competing staffing demands. However, as the Department is aware, the training and mentoring that is provided to new officers is critical because it serves as the very backbone of their careers. Shortcuts in this area can harm officers, the community, and the Department. We are encouraged because the