ninth-report.pdf
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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 54
During the upcoming reporting periods, the IMT will report on the status of
General Order C-8 and on whether OPD’s actual practices comply with this Settlement
Agreement provision.
5.
Use of Force-Investigation of Criminal Misconduct (Task 28;
S.A. V.E.)
a.
Settlement Agreement Requirements
• By July 20, 2004, OPD must develop and implement a
policy to report, as soon as possible, any use of force
situation, citizen complaint, or other
member/employee-involved action in which there is
apparent evidence of criminal misconduct by a
member/employee to the Alameda County District
Attorney’s Office.
b.
Status of Compliance and Assessment
The compliance deadline for this task occurred in July 2004. OPD initially
revised General Order M-4, Coordination of Criminal Investigations to incorporate the
requirements of this task. The IMT reviewed M-4 and determined that the draft did not
comply with the Settlement Agreement because it did not provide for the required
reporting to the District Attorney’s Office. In response, OPD drafted a separate policy,
General Order M-4.1, Criminal Investigations Involving Active Law Enforcement, or a
Member or Employee of the Department, focusing on the handling of criminal
misconduct investigations.
During the last reporting period, the IMT determined that General Order M-4.1
adequately incorporates this Settlement Agreement Requirement. OPD published this
policy on April 21, 2006. According to OPD, it completed training on this policy during
this reporting period.
During the upcoming reporting periods, the IMT will confirm training compliance
and will determine whether OPD’s actual practices comply with this Settlement
Agreement provision.
6.
IAD Investigation Priority (Task 29; S.A. V.F.)
a.
Settlement Agreement Requirements
• By July 20, 2004, OPD must develop and implement a
policy to coordinate its administrative investigation of a
member/employee with the Alameda County District
Attorney’s Office if a criminal proceeding is potentially
viable.