combined-10th-11th-report.pdf

Negotiated Settlement Agreement, Combined Tenth and Eleventh Semi-Annual Report December 2008 e “By August 13, 2004, OPD must revise certain policies and procedures related to [AD investigations and create an IAD procedural manual for conducting complaint investigations.” (This requirement applies to Tasks 1-16 and is reiterated in Task 10.) e “By August 13, 2004, OPD must train all personnel to ensure they have received, understand and comply with new and revised Departmental policies and procedures.” (This requirement applies to Tasks 1-16 and is reiterated in Task 10.) e “By August 13, 2004, the IAD procedural manual must address: assignment and rotation of officers; training and qualifications of members and other personnel in IAD; appropriate background checks of IAD personnel; and confidentiality of IAD information.” Status: In Policy and Training Compliance Deliverables Information Bulletin, Preliminary Complaint Investigation Procedures e Revised Departmental General Order M-3, Complaints Against Department Personnel or Procedures (Rev. 15 Feb 08) « Special Order 8553, TB V-T.1, Internal Investigations Procedure Manual OIG Audit Summary In May of 2007, the OIG initiated a review to determine if OPD is complying with Task 5 of the Agreement. Only five requirements of Task 5 were assessed, Tasks 5.15, 5.16, 5.18, 5.19, and 5.21. OIG found the Department in compliance with two of the five reviewed Task 5 requirements, including: e Ensuring each allegation in a complaint is resolved by making one of the following dispositions: Unfounded, Sustained, Exonerated, Not Sustained, or Filed; ¢ Ensuring every member or employee who is the subject of an internal investigation, as well as any other member or employee on the scene of an incident at which misconduct has been alleged by a complainant, is interviewed; Although the review indicated that OPD has greatly improved in executing the directives in the Agreement, it also found that the Department has not yet achieved full compliance with Task 5. To be in compliance with these tasks, the Department must continue to do well in the areas mentioned above and improve in the following areas: e Gathering and documenting all relevant evidence, including circumstantial, direct and physical evidence, and making credibility determinations, if feasible. ¢ Making efforts to resolve, by reference to physical evidence, and or use of follow-up interviews and or other objective indicators, any inconsistent statements among witnesses. ¢ Documenting analysis of the evidence supporting a finding for each allegation in a complaint investigation, ensuring the “preponderance of the evidence” standard is met. Even though full compliance with Task 5 has not yet been attained, IAD has greatly improved the quality of its investigations. 35