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 19 attended the course.6 Of the five remaining individuals, four of them are scheduled to attend the class between now and March 2007, and the final individual is transferring to Patrol in January. This member will have worked in IAD for over a year without having attended the required training. One of the other individuals who has not yet attended the course has been assigned to IAD for more than a year. Two of the others will have worked for between six and ten months prior to attending the class. These delays are of concern and, if continued, will jeopardize OPD’s compliance efforts. Since OPD has now trained or scheduled for training all but one of its members requiring training, we find OPD in conditional compliance with this portion of Task 1.3. In addition to the above, Task 1.3 requires that new members work with an experienced and trained investigator until they have successfully completed a POST certified Internal Affairs Investigator’s course and been approved by the IAD Commander or his/her designee. OPD is in compliance with this requirement. The final requirement of Task 1.3 is that the Administrative Sergeant and Investigation Supervisor positions shall be made from experienced staff already trained with the IAD process. The current Administrative Sergeant was brought in from another Division and was not already trained in the IAD process. The Investigations Lieutenant was an experienced staff member already trained in the IAD process. Since it is not always possible to fill these positions from existing staff and OPD reported that it sought out the best qualified candidates, we find the Department in compliance with this provision. Task 1.4 requires OPD to maintain IAD confidential information in accordance with the IAD Manual. The Manual establishes procedures for general office security measures including controlling access to IAD offices and files. Based on our inspection of IAD, OPD is in compliance with Task 1.4. During the upcoming reporting periods, the IMT will determine whether OPD’s actual practices continue to comply with this Settlement Agreement provision. 2. Timeliness Standards and Compliance with IAD Investigations (Task 2; S.A. III.B.) a. Settlement Agreement Requirements • By June 15, 2004, OPD must develop and, by July 1, 2004, implement, timeliness standards for the completion of Internal Affairs investigations, administrative findings, and recommended discipline. 6Due to inconsistent practices regarding the Department’s documentation of outside training attended by its members, OPD has had a difficult time producing attendance documentation for all of the individuals but is currently completing this process.