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 48 compliance. This determination was based on OPD’s establishment of the MLL position and the MLL’s initial efforts to identify relevant cases and, when appropriate, refer cases for internal investigation. During our audit last reporting period, we determined that OPD’s actual practices were no longer in compliance with the Settlement Agreement because OPD was doing an inadequate job of tracking MLL cases to ensure that they are resolved in a timely and appropriate fashion. As we have previously noted, MLL referrals offer the Department unique insights into OPD officers, policies, and procedures. By responding appropriately to such information, the Department has an opportunity to ensure and increase its credibility with the courts, prosecutors, and defense attorneys with whom it must work on a continuing basis. During the course of this audit, the IMT discussed with the MLL the necessity of closely tracking MLL cases. As a result, the MLL began including in his monthly memoranda summary information regarding the status of MLL cases, including the case number, subject officers, and any disposition. The MLL’s initial efforts to include case tracking information in his monthly reports were hindered by outdated and/or inaccurate information in IAD’s database. The tracking information contained in the MLL’s monthly reports has improved significantly. Additionally, IAD has added to its weekly meeting with the Chief a standing item regarding the status of pending MLL cases. These measures, if continued, will assist OPD in attaining compliance with this task and help to ensure that these unique and significant referrals get resolved in a timely and thorough fashion. While some MLL referrals have resulted in disciplinary recommendations, others have resulted in recommended improvements in OPD policies, procedures, or training. During the upcoming reporting periods, the IMT will monitor whether OPD’s actual practices comply with this Settlement Agreement provision. 6. Command Staff Rotation (Task 23; S.A. IV.F.) a. Settlement Agreement Requirements • By January 20, 2004, OPD must, based on contemporary police standards and best practices, develop and implement a regular rotation of Departmental command staff, consistent with the Department’s immediate needs and best interests. b. Status of Compliance and Assessment The compliance deadline for this task occurred in January 2004. As previously reported, well in advance of this deadline, OPD published a Chief of Police Memorandum on command staff rotation policy that incorporated this Settlement Agreement requirement. On November 15, 2005, Chief Tucker reissued the Memorandum under his signature.