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 41 Two of these tasks, Span of Control for Supervisors (Task 20) and OPD/DA Liaison Commander (Task 22), were due during the first reporting period. During the third reporting period, three additional tasks became due: Approval of Field-Arrest by Supervisor (Task 18); Unity of Command (Task 19); and Command Staff Rotation (Task 23). During the fourth and fifth reporting period, the final task in this section, Members’, Employees’, and Supervisors’ Performance Reviews (Task 21), became due. OPD has achieved policy compliance for all six of the tasks in this area. Additionally, during the sixth reporting period, OPD provided the IMT with sufficiently reliable training data to enable us to confirm that OPD had trained 95% or more of relevant personnel for all but two of the tasks in this section requiring training. During this reporting period, OPD reported that it completed training of its personnel for the final two tasks. The IMT will verify training on these policies and report the results in our next status report. 1. Approval of Field-Arrest by Supervisor (Task 18; S.A. IV.A.) a. Settlement Agreement Requirements • By January 20, 2004, OPD must develop and implement a policy requiring the approval of field- arrests by a supervisor in most cases. This policy necessitates that OPD develop standards for field supervisors that encourage or mandate close and frequent supervisory contacts with subordinates. The Settlement Agreement sets forth certain criteria regarding supervisor review of field-arrests, including that, under ordinary circumstances, supervisors respond to the scenes of field arrests for felonies; narcotics- related possessory offenses; situations where there is an investigated use of force; and arrests for obstructing, resisting, or assaulting an officer. b. Status of Compliance and Assessment The compliance deadline for this task occurred in January 2004. OPD drafted a policy, General Order M-18, Arrest Approval and Report Review in the Field. The IMT determined that the policy complied with the Settlement Agreement. During the sixth reporting period, OPD provided the IMT with sufficiently reliable training data to enable us to confirm that OPD had trained 95% or more of relevant personnel on this policy. On August 12, 2005, OPD published Special Order 8287 to assist it in tracking those instances in which sergeants disapprove arrests at the scene. The policy establishes a unique code to be provided to Communications by sergeants upon any arrest disapproval.