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 15 Investigator Bias (Task 12); Field Training Officer Program (Task 42); Consistency of Discipline Policy (Task 45); Promotional Consideration (Task 46); Departmental Management and Annual Management Report (Task 48); and Compliance Audits and Integrity Tests (Task 51). OPD has made notable progress in all of these areas. As discussed below, OPD attained actual practice compliance with Tasks 1 and 15 and remains in compliance with Task 51. It also attained actual practice compliance with significant portions of Tasks 2, 3, 4, 8, 42, 46, and 48. OPD currently is in full or partial actual practice compliance with 31 Settlement Agreement requirements. OPD is in full compliance with the following 12 tasks: IAD Staffing and Resources (Task 1); Procedure Manual for Investigations of Citizen Complaints (Task 10); Documentation of Pitchess Responses (Task 13); Investigations of Allegations of MOR Violations Resulting from Lawsuits and Legal Claims (Task 14); Reviewing Findings and Disciplinary Recommendations (Task 15); Audit, Review and Evaluation of IAD Functions (Task 17); Command Staff Rotation (Task 23); Use of Camcorders (Task 32); Citizens Signing Police Forms (Task 38); Monitor Selection (Task 49); Compliance Unit Liaison Policy (Task 50); and Compliance Audits and Integrity Tests (Task 51). OPD is in partial compliance with the following 19 tasks: Timeliness Standards and Compliance with IAD Investigations (Task 2); IAD Integrity Tests (Task 3); Complaint Control System for IAD and Informal Complaint Resolution Process (Task 4); Methods for Receiving Citizen Complaints (Task 7); Classifications of Citizen Complaints (Task 8); Summary of Citizen Complaints Provided to OPD Personnel (Task 11); Approval of Field-Arrest by Supervisor (Task 18); Members’, Employees’ and Supervisors’ Performance Reviews (Task 21); OPD/DA Liaison Commander (Task 22); Oleoresin Capsicum Log and Checkout Procedures (Task 27); Reporting Misconduct (Task 33); Vehicle Stops, Field Investigation and Detentions (Task 34); Procedures for Transporting Detainees and Citizens (Task 36); Field Training Program (Task 42); Performance Appraisal Policy (Task 44); Consistency of Discipline Policy (Task 45); Promotional Consideration (Task 46); Community Policing Plan (Task 47); and Departmental Management and Annual Management Reports (Task 48). In addition to these task audits, actual practice compliance reviews of the following four tasks are presently underway: Supporting IAD Process—Supervisor/Managerial Accountability (Task 16); Approval of Field-Arrest by Supervisor (Task 18); Unity of Command (Task 19); and Procedures for Transporting Detainees and Citizens (Task 36). During the course of our review of Task 16, it became apparent that no mechanism exists to ensure all Task 16 cases are identified absent extraordinary effort by IAD staff. IAD has developed a method for identifying these cases in the future. As a result, the IMT elected to postpone a formal compliance assessment and to meet with IAD staff to share our observations of cases reviewed to ensure a common understanding.