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 47 not have any systematic way of documenting that these meetings are occurring as required. While OPD has been aware of and acknowledged these deficiencies for some time, it continues to lack adequate internal controls for documenting compliance with Task 21. The task’s remaining provisions require supervisors and commanders/managers to identify patterns of improper behavior by subordinates and for OPD to hold them accountable if they fail to do so. During the last reporting period, we found that OPD’s supervisory personnel are doing a much improved job of reviewing their subordinates’ conduct for patterns of potential misconduct. Over 95% of the performance appraisals we reviewed included documentation by the reviewer that they had reviewed their subordinates’ uses of force, drug arrests, and arrests for Penal Code Section 69, 148, and/or 243 (b)(c). However, we found that OPD was not yet in compliance with the requirement that it hold supervisory personnel accountable if they do not identify patterns of improper behavior by their subordinates. During the upcoming reporting periods, the IMT will determine whether OPD’s actual practices comply with this Settlement Agreement provision. 5. OPD/DA Liaison Commander (Task 22; S.A. IV.E.) a. Settlement Agreement Requirements • By April 15, 2003, OPD must, based on contemporary police standards and best practices, develop and implement a Management-Level Liaison (MLL) to the courts, the District Attorney’s Office and the Public Defender’s Office. This unit or person is to ensure that cases that are lost or dropped due to performance problems or misconduct, or indicia thereof, are tracked. • The MLL is required to meet and cooperate with the Monitor. The District Attorney and Public Defender offices may attend these meetings. b. Status of Compliance and Assessment As previously reported, OPD developed and published a compliant policy incorporating this provision, General Order A-18, Management Level Liaison. During the seventh 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 task. Accordingly, OPD attained conditional training compliance with this task. During the last reporting period, the IMT conducted an audit of OPD’s actual practice compliance with this task. As previously reported, Task 22 was one of the first substantive Settlement Agreement tasks with which OPD attained actual practice