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 38 b. Status of Compliance and Assessment The implementation deadline for this task occurred in October 2004. During the last two reporting periods, OPD completed General Order M-3, Complaints Against Departmental Personnel or Procedures, and trained its personnel on the policy. This policy incorporates the requirements of this task. During the seventh reporting period, the IMT conducted an audit of OPD’s compliance with Task 14 in actual practice and found that OPD is in actual practice compliance with this task. A discussion of our audit findings is included in our seventh status report. During the upcoming reporting periods, the IMT will assess whether OPD’s actual practices continue to comply with this Settlement Agreement provision. 15. Reviewing Findings and Disciplinary Recommendations (Task 15; S.A. III.N.) a. Settlement Agreement Requirements • By June 15, 2005, OPD shall develop a policy to ensure that, except upon written authorization from the Chief of Police, the operational chain of command, from lieutenant up, shall be responsible for reviewing recommended findings and the Discipline Officer shall be responsible for making disciplinary recommendations in sustained internal investigations. b. Status of Compliance and Assessment This task was modified by stipulation in June 2005, to read as noted above. During the last two reporting periods, OPD completed the policies incorporating this Settlement Agreement task and trained its personnel on these policies. The policies are General Order M-3, Complaints Against Departmental Personnel or Procedures, and Training Bulletin V-T.1, Internal Investigation Procedure Manual. During this reporting period, the IMT audited OPD’s actual practice compliance with this task. Task 15 contains two distinct requirements. The first requires that the chain of command review recommended findings in completed investigations. While the chain of command continues to review recommended findings in Division-level investigations, OPD no longer requires this review for investigations conducted by IAD. Instead, these investigations are reviewed by IAD commanders. This practice is consistent with General Order M-3 which has been approved by the parties and IMT. The IMT has reminded OPD several times of the need to obtain a stipulation to conform this NSA requirement to current policy and practice. OPD also may wish to consider whether the chain of command review should be eliminated for Division-level