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 55 • By July 20, 2004, when OPD initiates an interview or interrogation of OPD personnel and it appears that the subject may be charged with a crime, or the subject asserts his or her Fifth Amendment rights on grounds that the answers to questions posed may be incriminating, such interrogation must be preceded by a Lybarger warning. b. Status of Compliance and Assessment The compliance deadline for this task occurred in July 2004. During the seventh reporting period, OPD completed the policies incorporating this Settlement Agreement task: General Order M-3, Complaints Against Departmental Personnel or Procedures; and Training Bulletin V-T.1, Internal Investigation Procedure Manual. During the last 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 task. During the upcoming reporting periods, the IMT will determine whether OPD’s actual practices comply with this Settlement Agreement provision. 7. Firearms Discharge Board of Review (Task 30; S.A. V.G.) a. Settlement Agreement Requirements • By July 20, 2004, OPD must develop and implement a policy requiring that it convene a Firearms Discharge Board of Review for every officer-involved firearms discharge. The Settlement Agreement sets forth criteria that must be included in this policy. b. Status of Compliance and Assessment The compliance deadline for this task occurred in July 2004. During the last reporting period, OPD completed General Order K-4.1, Force Review Board. This policy incorporates the Settlement Agreement’s requirements for this task. The IMT has verified that OPD had trained over 95% of relevant personnel on this policy. OPD committed substantial time and energy to this project and was able to complete both the policy and training by the court-ordered deadlines. During this reporting period, the IMT continued to attend OPD’s Firearms Discharge Boards of Review. OPD now refers to these Boards as Executive Force Review Boards. Executive Force Review Boards are convened to evaluate officer- involved shootings, in-custody deaths, and other serious incidents, including police pursuits resulting in death or serious injuries.