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 53 4. Oleoresin Capsicum Log and Checkout Procedures (Task 27; S.A. V.D.) a. Settlement Agreement Requirements • By July 20, 2004, OPD must develop and implement a policy for logging the checking out and use of Oleoresin Capsicum (OC) spray canisters by any member or authorized employee. • By July 22, 2004, this log must be computerized and electronically accessible and OPD must regularly prepare and distribute usage reports. b. Status of Compliance and Assessment The compliance deadlines for this task occurred in July 2004. As previously reported, OPD published Special Order 8061, Control of Oleoresin Capsicum, well in advance of the due date. Special Order 8061 makes OPD’s Property and Evidence Unit (PEU) responsible for issuing OC canisters to OPD officers and tracking their use. The IMT reviewed this policy and determined it to be in compliance with the Settlement Agreement. 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 policy. During the seventh reporting period the IMT interviewed officers on all three patrol shifts regarding their understanding of Task 27’s requirements. Based on our interviews, OPD officers appear to have a solid grasp of the most important elements of this task. As a result, the IMT changed its conditional training compliance determination for this task to an unconditional in-compliance finding. During the seventh reporting period, the IMT also conducted an audit of OPD’s compliance with Task 27 in actual practice. The IMT found that OPD was in compliance with the requirement that it maintain a log of all OC canisters checked out by OPD personnel. The IMT also found OPD in compliance with the requirement that it maintain the log in an electronic format. The IMT found that OPD was not in compliance with the requirement to regularly prepare and distribute accurate reports regarding OC control and tracking. A full description of this audit and our findings is contained in our seventh status report. During the last reporting period, OIG conducted an audit of Task 27 and reported that OPD has implemented several improvements to help ensure that the OC reports the Department prepares are accurate. During this reporting period, OPD drafted General Order C-8, Oleoresin Capsicum, addressing the Department’s purchase, receipt, distribution, and destruction of OC Spray delineating the responsibilities of OPD officers, units, supervisors, and commanders. The IMT has provided OPD with extensive comments on the draft with the aim of assisting OPD to attain compliance with this task and to better manage this important tool.