combined-10th-11th-report.pdf

Negotiated Settlement Agreement, Combined Tenth and Eleventh Semi-Annual Report December 2008 Summary of Citizen Complaints Provided to OPD Personnel and Disclosure of Possible Investigator Bias On February 29, 2008, OIG initiated an audit to determine if OPD is complying with Tasks 11 and 12 of the Agreement. Task 11, Summary of Citizen Complaints Provided to OPD Personnel, requires that an investigator of a citizen complaint provide a brief synopsis of the complaint alleged against an OPD member/employee to that member/employee. (The subject member/employee is not allowed to read the complaint itself or to review citizen statements or other statements prior to the member’s/employee’s interview.) A copy of the synopsis is to be maintained in the IAD investigation file and the subject Member/Employee’s immediate chain of command is to be notified of the allegation and investigation. Task 12, Disclosure of Possible Investigator Bias, requires investigators to disclose relationships that might lead to the perception of bias regarding the subject(s) of any investigation. In cases where it is clear that the nature of the relationship could be perceived to compromise the investigative process, the investigator(s) shall recuse him/herself from the investigation. When the IMT reviewed Tasks 11 and 12 (Fall 2006 Review, updated 1/18/07), it found the Department out of compliance with all of Task 11, with the exception of 11.4, and all of Task 12. Task 11.4 requires that upon completion of the IAD investigation and issuance of a final report by IAD, the subject member/employee have access to the underlying data on which the report is based, including all tape-recorded interviews, transcripts, and investigators’ notes. The OIG audit revealed that OPD was in compliance with Task 11 and partial compliance with Task 12. Sixty internal investigations were examined for the purposes of this audit. Regarding Task 11, 87% (52) of the investigations properly documented that the subject member/employee was provided a synopsis of the citizen complaint and a copy of that synopsis was included in the IAD investigation file. A full 85% (51) of the investigations had properly documented that the subject member/employee’s immediate chain of command was notified of the allegation and investigation. The Department achieved partial compliance for Task 12. Only 32% (19) of the investigations had properly completed recusal letters. The audit found no investigations in which the investigator conducting the investigation should have been removed to ensure a fair and impartial investigation. Members’, Employees’ and Supervisors’ Performance Review In April 2007, OIG conducted a second audit to determine whether OPD is complying with Task 21, Members’, Employees’ and Supervisors’ Performance Review. (OIG had conducted a prior audit in September 2005; the IMT had conducted one in May 2006.) Task 21 requires that OPD commanders and managers meet twice a year with their subordinate members, employees, and supervisors to coach them on their strengths and weaknesses and that the commanders and managers document these meetings. Additionally, Task 21 requires that 28