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 49 The IMT conducted an audit of Task 23 during the seventh reporting period and found OPD in compliance with Task 23 in actual practice. Our review revealed no policy obstacles to the implementation of Task 23 and an interview with the Chief confirmed that he is not constrained by OPD policy from fully complying with this requirement. During the upcoming reporting periods, the IMT will determine whether OPD’s actual practices continue to comply with this Settlement Agreement provision. B. Use of Force Reporting (Tasks 24–32; S.A. V.) Section V of the Settlement Agreement, Tasks 24–32, requires OPD to make a number of significant changes in the way it reports and investigates uses of force. This section requires changes in reporting uses of force ranging from Oleoresin Capsicum (OC) spray to officer-involved shootings, and enhances the requirements for OPD’s Use of Force Review Board (UFRB) and Firearms Discharge Board of Review. The Settlement Agreement also requires significant changes to use of force investigations, including mandating training in this area for supervisors. All of these requirements became due in July 2004. As previously reported, OPD had already achieved compliance with Task 32, which requires OPD to explore the use of camcorders in patrol vehicles, by that date. OPD had also achieved policy and training compliance with Task 27, which requires changes in OPD’s OC spray control mechanisms. With the completion last reporting period of General Order M-3, Complaints Against Departmental Personnel or Procedures, and its Internal Investigation Procedure Manual, OPD has also achieved policy compliance with Task 29, which requires that OPD coordinate with the District Attorney when conducting administrative investigations of personnel if a criminal proceeding is potentially viable. During the last reporting period, the Court ordered that OPD complete its primary use of force policies: General Order K-3, Use of Force; General Order K-4, Reporting and Investigating the Use of Force; and General Order K-4.1, Force Review Boards; by February 17, 2006, and complete training on those policies by May 18, 2006. OPD committed substantial time and energy to this project. It completed both the policies and training on time. The use of force policies developed by OPD embody contemporary, professional law enforcement standards designed to promote effective law enforcement while protecting civilians and police officers alike. During this reporting period, OPD completed several critical subsidiary use of force policies associated with the primary policies discussed above. Additionally, OPD reports that it has met or is on target to meet the training deadlines established by the Court. The IMT will verify OPD’s training figures and report on them in our next status report. Updating and/or drafting the new use of force policies was a significant professional undertaking by OPD. In addition to updating or drafting the policies