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 43 required documentation yet OPD commanders made no efforts during the management meeting to learn how or why such deficiencies resulted. We have been informed that OPD addresses such issues directly with responsible supervisors and commanders outside of management meetings. Likewise, in our review of internal investigations this reporting period, we observed instances where supervisors have failed to review arrest documentation adequately, yet this issue was not addressed by investigators or commanders. Unless OPD commanders routinely begin to inquire about deficient arrest approvals and address the underlying causes for such deficiencies, the Department will continue to face difficulty attaining compliance with this task. During the upcoming reporting periods, the IMT will report on whether OPD’s actual practices comply with this Settlement Agreement provision. 2. Unity of Command (Task 19; S.A. IV.B.) a. Settlement Agreement Requirements • By January 20, 2004, OPD must develop and implement a policy requiring that, with rare exceptions justified on a case-by-case basis, each OPD member or employee have a single, clearly identified supervisor or manager, working the same schedule and having the same days off as the individuals whom they supervise. b. Status of Compliance and Assessment The compliance deadline for this task occurred in January 2004. As previously reported, OPD achieved policy compliance with this task by publishing and distributing the following policies: General Order A-3, Department Organization; BFO Policy 03- 02, Supervisory Span of Control; and BOI Policy 04-02, Supervisory Span of Control. During the sixth reporting period, OPD attained training compliance on General Order A- 3 and BFO Policy 03-02. However, OPD never completed training on BOI Policy 04-02. During this reporting period, OPD replaced BFO 03-02 and BOI 04-02 by publishing General Order A-19, Supervisory Span of Control. The IMT determined that General Order A-19 incorporates the requirements of Task 19. Accordingly, OPD remains in policy compliance with this task. According to OPD, it recently completed training more than 95% of relevant personnel on the new policy. The IMT will verify training on this policy and report the results in our next status report. During this reporting period, the IMT initiated an audit of OPD’s actual practice compliance with this task. This audit is currently underway. As with Task 18 above, we are unable to report the results of this audit in this status report due to significant delays in OPD’s production of the core documentation necessary to assess compliance with this task. Despite the basic operational nature of the data requested for this task (identification of member and employee schedules and assignments), OPD’s