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 22 Our assessment of the timeliness of OPD’s disciplinary process was based on every sustained case with an incident date after the implementation of General Order M- 3. Of these 29 sustained cases, the discipline process was completed within 30 days of the IAD commander’s approval in 16 cases (55%). OPD is in compliance with Task 2.1.1 which requires IAD and OPD commanders to regularly monitor compliance with timeliness standards. In stark improvement over past practice, IAD and OPD commanders regularly monitor internal investigation timeliness with weekly reports distributed Department-wide; email reminders of cases near critical deadlines; discuss timeliness and overdue cases in departmental command- level meetings; and hold commanders who fail to ensure compliance with Government Code § 3304 accountable. While not yet in compliance with M-3’s timeliness standards, these measures have had an impact on the significantly shorter investigation times and fewer problems meeting the one-year § 3304 deadline. During the upcoming reporting periods, the IMT will determine whether OPD’s actual practices comply fully with this Settlement Agreement provision. 3. IAD Integrity Tests (Task 3; S.A. III.C.) a. Settlement Agreement Requirements • By June 1, 2005, IAD must conduct integrity tests in situations where members/employees are the subject of repeated allegations of misconduct. • By June 1, 2005, IAD must set frequency standards, among other parameters, for such integrity tests. b. Status of Compliance and Assessment The compliance deadline for Task 3 occurred in June 2005. During the last two reporting periods, OPD completed and trained relevant personnel on the Internal Affairs Policy and Procedure Manual, which incorporates Task 3. During this reporting period, the IMT audited OPD’s actual practice compliance with this task. Task 3.1 requires OPD to conduct integrity tests in situations where members/employees are the subject of repeated allegations of misconduct. As of the time of this audit, OPD had not yet developed any standards or criteria for identifying such individuals or for conducting integrity tests in these circumstances. Accordingly, OPD is not in compliance with Task 3.1. In response to our audit, OPD has started drafting a policy for its Integrity Unit setting forth the criteria for conducting integrity tests in situations where members/employees have been the subject of repeated allegations of misconduct. OPD is contacting other agencies for information regarding their practices and reports that it will complete the draft before the end of January 2007. As part of this