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 1 I. INTRODUCTION On January 22, 2003, the City of Oakland (City) and the Oakland Police Department (OPD) entered into a Negotiated Settlement Agreement (Settlement Agreement or NSA) resolving allegations of police misconduct raised by private plaintiffs in the civil lawsuit, Delphine Allen, et al., v. City of Oakland, et al. On August 28, 2003, Judge Thelton Henderson approved the appointment of Rachel Burgess, Kelli Evans, Charles Gruber, and Christy Lopez to serve as the Independent Monitoring Team (IMT). This is the Ninth Status Report of the IMT and addresses the status of OPD’s compliance with the Settlement Agreement from May 13, 2006, through November 30, 2006. As with our previous reports, rather than detailing the minutiae of every policy review and technical assistance discussion, we have opted for a format that results in a relatively short but, we hope, clear and comprehensive account of OPD’s compliance status and efforts. We have discussed extensively this report and the compliance findings it reflects with OPD. We are of course available to discuss with the Court, parties, and stakeholders to the Settlement Agreement any aspect of this report in greater detail. II. IMT MONITORING ACTIVITIES The IMT conducted a variety of on- and off-site monitoring activities during this reporting period. The IMT, among other activities, attended OPD management retreat and OPD Management Assessment Program and Crime-Stop meetings; participated in ride-alongs with OPD officers; attended Executive Force Review Boards; observed OPD conduct Field Training program focus groups, oral boards, and staff meetings; interviewed individuals who had filed complaints of misconduct; attended Internal Affairs weekly meetings; inspected police vehicles, substations, and city locations for availability of informational brochures and complaint forms; observed OPD’s criminal and administrative investigations of critical incidents; reviewed and analyzed OPD documents and files, including draft policies, investigations, police reports, disciplinary records, performance appraisals, and use of force reports; attended line-ups; observed training sessions of OPD officers; attended meetings of the Performance Assessment System (PAS) steering committee and working groups; met with community representatives; participated in a City Council sponsored community forum regarding OPD; and participated in the monthly meetings required by the Settlement Agreement. During this reporting period, the IMT met with officials in OPD’s Office of Inspector General, Personnel Division, Bureau of Administration, Bureau of Field Operations, Bureau of Investigations, Bureau of Services, and Internal Affairs Division; OPD officers, supervisors, and commanders, including Sergeants, Lieutenants, and Captains; the Discipline Officer; each of the three Deputy Chiefs and the Director of Administration; and Chief Wayne Tucker. In addition, the IMT met with a variety of other stakeholders, including: the Plaintiffs’ Attorneys; Oakland community members and groups; the City Administrator; the Mayor; the Office of the City Attorney; and the Public Defender’s Office.