combined-10th-11th-report.pdf

Negotiated Settlement Agreement, Combined Tenth and Eleventh Semi-Annual Report December 2008 _ Written, annual performance appraisals from immediate supervisors; . Documentation of sustained and not sustained complaints against members/employees; . Documentation of members’ uses of force; sick/injured leaves; arrests for narcotics- related possessory offenses not made as a result of searches conducted pursuant to arrests for other offenses; arrests involving charges of Penal Code §§69, 148 and/or 243(b)(c); and vehicle accidents; 4. Dated signatures from respective supervisors/managers in the direct chain of command, up to the Deputy Chief of the respective Bureau, when appropriate; and 5, Completion of the performance appraisal by the new supervisor of a promoted member/employee. wn Although the audit indicated that OPD has improved in executing Agreement directives, it also noted that the Department was still out of compliance with three requirements of Task 44. (One requirement was not assessed and in future audits, will be assessed as part of Task 41.) To be in full compliance with this task, the Department must continue to do well in the areas mentioned above and improve in the following areas: 6. Ensure that members/employees who have significant collateral duties outside of their normal assignments (i.e., instructors, tactical team operations and support, task force assignments) are rated on these duties. 7. Strive to track the movement of members/employees and know who their respective supervisors are during the year so that the supervisors can be tasked to provide input for the members/employees performance appraisals. 8. Document Department efforts in building partnerships to fight crime in the Oakland community. The Department revised DGO B-6 on May 26, 2006 to aid in its ability to comply with Task 44. Although the DGO included all the directives of Task 44, changes to the policy and the performance appraisal form, specifically provision of clearer instructions, may aid the Department in achieving full compliance. Investigations of Allegations of Manual of Rules Violations Resulting from Lawsuits and Legal Claims Audit In April 2007, OIG initiated an audit of Task 14, which requires the Department to investigate allegations of Manual of Rules violations arising out of lawsuits and legal claims. The current policy, DGO M-3, was implemented on December 6, 2005. The most recent Internal Affairs Division policy, 06-01, Legal/Tort Claims, was implemented December 22, 2006. Together they incorporate the requirements delineated in the Agreement under Task 14. Beginning with a list of 183 claims and litigations filed between January 1, 2006 and December 31, 2006, OIG determined that the Department conducted the appropriate investigations 99.42% of the time. Closer inspection of a representative sample of cases revealed that investigations were not being delayed, modified, or terminated because of their related civil issues. Through IAD and division level investigations, coupled with the Department’s review process, the Audit Unit found that OPD met the requirements of Task 14 in that: = IAD received notifications of lawsuits and legal claims and investigated any associated allegations of Manual of Rules violations (Task 14); and 23