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 14 A. Policy Compliance2 At the end of the last reporting period, OPD had completed the first step (policy compliance) on a total of 47 of the Settlement Agreement’s 51 tasks.3 During this reporting period, OPD attained policy compliance with three additional tasks—Personnel Assessment System (PAS) (Task 40); Use of Personnel Assessment System (Task 41); and Officer-Involved Shooting Investigation (Task 31). Accordingly, OPD has achieved full or conditional policy compliance with a total of 50 of the 51 tasks that have become due. OPD's policy compliance with Tasks 40 and 41 is conditional, pending completion and approval by the IMT of subsidiary policies necessary for successful implementation of these tasks. The Court has issued an Order requiring OPD to complete these policies on or before January 17, 2007. Upon completion of a policy fully reflecting the requirements of Task 46 (Promotional Consideration), OPD will have achieved policy compliance with all tasks. B. Training Compliance4 As discussed above, OPD has achieved policy compliance with 50 Settlement Agreement tasks. Forty-three of these tasks require training prior to implementation. As illustrated in the above chart, OPD has achieved training compliance on 41 of these 43 tasks. The two remaining tasks are Tasks 40 and 41, both related to the Personal Assessment System (PAS). C. Actual Practice Compliance During this reporting period, the IMT conducted reviews of OPD’s actual practices in the following sixteen areas: IAD Staffing and Resources (Task 1); Timeliness Standards and Compliance with IAD Investigations (Task 2); IAD Integrity Tests (Task 3); Complaint Control System for IAD (Task 4); Complaint Procedures for IAD (Task 5); Methods for Receiving Citizen Complaints (Task 7); Classifications of Citizen Complaints (Task 8); Contact of Citizen Complainant (Task 9); Summary of Citizen Complaints Provided to OPD Personnel (Task 11); Disclosure of Possible 2 In order to attain policy compliance, OPD must publish a policy or other appropriate directive (e.g., General Order, Training Bulletin, Manual, etc.) that accurately reflects the requirements of the Settlement Agreement Task. 3 In our last status report, based on information provided by OPD, we reported that OPD had achieved policy compliance with 48 tasks, including Task 46 (Promotional Consideration). During this reporting period, while conducting an audit of this task, we learned that the policy for Task 46 was never actually published. The policy remains in draft form and, according to OPD, the Department is working on a new promotional policy that has not yet been completed. Accordingly, as of the last reporting period, OPD was in compliance with 47 tasks, not 48 tasks as previously reported. 4 In order to obtain training compliance, OPD must be able to demonstrate that it has trained 95% of relevant personnel on each policy related to the task.