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 26 They do not include investigative reports and often do not include interviews of the subject officer. The Settlement Agreement requires that the subject officer be interviewed, and our review indicates that this interview is often necessary to adequately investigate a complaint. OPD recognizes that cases resolved via "Summary Finding," do not comply with all NSA requirements and is seeking to have those requirements changed, because, in OPD’s view, cases resolved via Summary Finding are still thorough investigations, reduce IAD workload, and provide quicker resolution to investigations, a benefit to both officers and complainants. In our judgment, Summary Findings, as currently defined by OPD, are not appropriate for resolving the majority of internal investigations. However, we do not object to their use in some instances, provided that the Settlement Agreement is revised so that their use is consistent with it. OPD is in compliance with the requirement that it maintain a process for informally resolving Class II misconduct allegations. It has almost attained compliance with the requirement that complaints that are informally resolved include certain documented information. Ninety percent of the informally resolved complaints reviewed included the required information. In addition, OPD is in compliance with the requirements that formal complaints be initiated when the informal complaint process is not successful and that it not unduly influence individuals to participate in the informal complaint process. During the upcoming reporting periods, the IMT will determine whether OPD’s actual practices fully comply with this Settlement Agreement provision. 5. Complaint Procedures for IAD (Task 5; S.A. III.E.) a. Settlement Agreement Requirements • By June 15, 2004, OPD must develop a policy to provide immediate access to a supervisor to all citizens seeking to file a complaint. The Settlement Agreement sets forth certain criteria to be followed if there is delay greater than three hours in providing access to a supervisor or if the complainant refuses to travel to or wait for a supervisor. • By June 15, 2004, OPD must develop a policy to provide Oakland City Jail inmates the opportunity to file a complaint against OPD officers/employees. The Settlement Agreement sets forth certain criteria that must be included in this policy. • By June 15, 2004, OPD must develop policies setting standards for IAD investigations and dispositions of citizen complaints, including that: OPD must consider