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 64 4. Procedures for Transporting Detainees and Citizens (Task 36; S.A. VI.D.) a. Settlement Agreement Requirements • By August 25, 2003, OPD members/employees must log in and log out on the radio when transporting a detainee or any other civilian (except with regard to the use of “wagons” engaged exclusively in the transport of prisoners). The Settlement Agreement specifies particular information that must be included in this radio report. b. Status of Compliance and Assessment The compliance deadline for this task occurred in August, 2003. OPD achieved policy compliance by publishing Special Order 8055, Transportation of Persons in Police Vehicles, on November 25, 2003. As discussed below, this special order has been replaced by Special Order 8262. 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 Special Order 8055 and reports that they have trained 97.7% of required personnel on Special Order 8262. During the seventh reporting period, the IMT interviewed officers on all three patrol shifts regarding their understanding of Task 36’s requirements. Based on our interviews, OPD officers appear to have a solid grasp of the most important elements of this task. As a result, the IMT changed its conditional training compliance determination for this task to an unconditional in-compliance finding. During the seventh reporting period, the IMT determined that OPD is not complying with this task in actual practice, and made several recommendations for improvement including: establishing a communications protocol prompting dispatchers to elicit the information required by this task; providing officers with refresher training regarding what information they are required to provide when performing transports; and holding officers accountable where they do not comply with this OPD policy. On September 12, 2005, OPD published Special Order 8262, Transportation of Persons in Police Vehicles, incorporating the IMT’s recommendations. In addition, OPD has been conducting internal audits and training to ensure compliance with Special Order 8262 and this Settlement Agreement provision. During this reporting period, the IMT initiated our second audit of OPD’s actual practice compliance with this task. This audit is currently underway. We are unable to report the results of this audit in this status report due to significant delays in OPD’s production of the documentation necessary to assess compliance with this task. Notwithstanding the substantial efforts of OIG staff to compile the requested documents, OPD had an inordinately difficult time locating the basic police data requested—radio