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 8 Department has stated that it is committed to maintaining the advances it has made in its Field Training Program, and ensuring that its new officers receive appropriate field training. IV. COMPLIANCE OVERVIEW Our discussion of OPD’s compliance efforts and status is organized around the 12 Settlement Agreement sections from which OPD derived 51 “tasks.” At the start of the monitoring process, the IMT reviewed OPD’s task designations, found the task division to be workable, and in the interests of clarity and consistency, adopted the same designations.1 The 12 Settlement Agreement areas around which we organize our report are: 1) Internal Affairs Division; 2) Supervisory Span of Control and Unity of Command; 3) Use of Force Reporting; 4) Reporting Procedures; 5) Personnel Assessment System (PAS); 6) Field Training Officer Program; 7) Academy and In-Service Training; 8) Personnel Practices; 9) Community Policing Plan; 10) Departmental Management and Annual Management Report; 11) Independent Monitoring; and 12) Compliance Unit. As of the last reporting period, all 51 Settlement Agreement tasks became due. As noted in our previous reports, OPD must complete each of three steps (policy, training, and actual practice) to achieve compliance with a Settlement Agreement requirement. The following chart lists the 51 tasks with their due dates and summarizes the current state of compliance: Actual Practice Compliance** Task Task Name Due Date Compliant Policy Training Compliance Partial Compliance Full Compliance 1 IAD Staffing and Resources 8/13/2004 √ √ √(c) (11/06) * 2 Timeliness Standards and Compliance with IAD Investigations 6/15/2004 √ √ √ 1 Section XV of the Settlement Agreement imposes additional obligations on the parties (e.g. semi-annual status reports to the Court and meet-and-confer obligations). Because the IMT agrees with OPD that there is no need to “task” these obligations, they are not included in the description of compliance efforts and status. Nevertheless, failure to abide by these provisions would of course constitute a violation of the Settlement Agreement.