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 57 • all evidentiary material be duplicated and provided to the District Attorney’s office, IAD and the City Attorney’s office. b. Status of Compliance and Assessment The compliance deadline for this task occurred in July 2004. During the last reporting period, OPD completed its primary use of force policies, and trained over 95% of relevant personnel on these policies. OPD committed substantial time and energy to this project and was able to complete both the policies and training by the court-ordered deadlines. General Order K-4, Reporting and Investigating the Use of Force, incorporates some of the Settlement Agreement’s requirements for this task. OPD addressed most of the other provisions in Internal Affairs Policy & Procedure 05-04, Procedures for Force and Death Investigations; Homicide Policy & Procedure 01, Lethal Force/In-Custody Death Investigations; and Lethal Force Investigations Training Bulletin. Additionally, both Internal Affairs and Homicide have created detailed investigative checklists used for conducting officer-involved shooting investigations. These policies were completed and approved during this reporting period. The IMT will verify OPD’s training of personnel on these policies report on training compliance in our next status report. During this reporting period, OPD attained policy compliance with the final outstanding provision of this task. OPD and the District Attorney’s Office reached an agreement requiring that, when appropriate, the District Attorney’s office or another appropriate outside agency will conduct the criminal investigation of officer-involved shootings in lieu of OPD. During the last review period, the IMT completed a comprehensive review of OPD's officer-involved shooting (OIS) investigations. We conducted this review pursuant to Section XIII.H of the Settlement Agreement which requires us to assess the quality and timeliness of the investigation of use of force incidents and to review and evaluate the actions of the force review boards. We provided OPD with an 85-page report detailing our findings, including an analysis of each shooting, along with global observations and recommendations. During the course of our review, we shared with OPD a number of our observations and recommendations regarding the Department’s handling of officer- involved shootings. Our recommendations were based on our review of the files provided and on the IMT’s on-scene observation of several investigative scenes, subject and witness interviews, and Executive Force Review Board deliberations. The Department was extremely receptive to our recommendations and implemented or is in the process of implementing a number of these recommendations. A detailed summary of our review and findings is contained in our eighth status report.