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 56 As previously reported, even before the new policy was published, the Boards began using the standards and guidelines set forth in General Order K-4.1, Force Review Boards, to shape their deliberations. OPD has continued operating under the new policy which has continued to result in more focused and complete incident assessments. Review Board members continued to be engaged and Board deliberations have continued to benefit by the participation of the Department’s General Counsel and by Departmental subject matter experts, including individuals responsible for developing OPD’s new use of force policies. During this review period, the Board worked to review a backlog of cases that had started to develop. As previously reported, the Board continued to struggle to provide the Chief with a report of its findings within a reasonable time period. Improvements in the investigative reports, binders, and presentations upon which Board members base their deliberations continued. This is due to the continuing, substantial efforts being made by both OPD’s Homicide and Internal Affairs investigators to conduct more thorough investigations of officer-involved shootings and other serious incidents. As noted in our last status report, in contrast to OPD’s past practice, Internal Affairs now conducts a parallel administrative investigation of officer-involved shootings and other critical incidents. During the upcoming reporting periods, the IMT will continue to attend Executive Force Review Boards and will determine whether OPD’s actual practices comply with this Settlement Agreement provision. 8. Officer-Involved Shooting Investigation (Task 31; S.A. V.H.) a. Settlement Agreement Requirements • By July 20, 2004, OPD must develop and implement an officer-involved shooting (OIS) investigation policy that requires that in every OIS in which a person is struck: • Homicide and Internal Affairs investigators respond to the scene; • the investigation be conducted in partnership with, and in some cases by, the Alameda County District Attorney’s office; • subject officers be interviewed jointly by Homicide and District Attorney investigators; • the District Attorney and City Attorney be notified in accordance with the Settlement Agreement; and