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 68 During the last reporting period, the IMT conducted a second actual practice audit of this task and found OPD in compliance with this task in actual practice. Ninety-seven percent of the statements reviewed complied with the requirements of the Settlement Agreement. Accordingly, OPD is in compliance in actual practice with the requirements of Task 38. 7. Personnel Arrested, Sued and/or Served with Civil or Administrative Process (Task 39; S.A. VI.G.) a. Settlement Agreement Requirements • By August 25, 2003, OPD must establish a policy and procedure requiring OPD personnel to report within seventy-two hours any occurrence in which s/he has been arrested, sued and/or served with civil or administrative process related to his/her employment or containing allegations which rise to the level of a Manual of Rules violation. • In addition, by August 25, 2003, OPD personnel transferring to, or serving in, certain units or assignments (e.g. gang units; vice/narcotics section; IAD) must report within seventy-two hours if s/he has been served with civil or administrative process, including tort claims or financial claims. b. Status of Compliance and Assessment The compliance deadline for this task occurred in August 2003. OPD achieved policy compliance by publishing Special Order 8064, Reporting Civil Actions Served, on April 13, 2004, and Manual of Rules Section 314.28, Notification, on November 23, 2003. During the seventh 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 sixth reporting period, the IMT interviewed officers on all three patrol shifts regarding their understanding of Task 39’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. The draft General Order covering the requirements of this task (General Order B- 4, Personnel Transfers and Loan Transfer Waiver Procedures) continues to be “on hold” while discussions with the Oakland Police Officers’ Association (OPOA) regarding transfer policies ensue. These discussions have been pending for over a year. Until the