combined-10th-11th-report.pdf

Negotiated Settlement Agreement, Combined Tenth and Eleventh Semi-Annual Report December 2008, OIG Audit Summary On February 29, 2008, OIG initiated an audit to determine if OPD is complying with Task 11 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. 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. In addition, 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. The OIG audit revealed that OPD was in compliance with Task 11. Sixty internal investigations were examined for the audit of Task 11. Of the 60 investigations reviewed, 52 (87%) 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, and 51 (85%) properly documented that the subject member/employee’s immediate chain of command was notified of the allegation and investigation. Task 12: Disclosure of Possible Investigator Bias ¢ Settlement Agreement Section III. K; page 14, lines 1-11 (lead-in page 6, line 24 — page 7, line 2) e Assigned Unit: IAD Settlement Agreement Language “By June 15, 2004, OPD must develop and, by October 1, 2004, implement, a policy requiring that investigators (IAD and field) disclose relationships that might lead to a perception of bias regarding the subject(s) of any investigation, including family relationships, outside business relationships, romantic relationships and close work or personal friendships. The Settlement Agreement sets forth certain criteria regarding when and how investigators and their supervisors must act on these disclosures.” Status: In Policy and Training Compliance Deliverables e Revised Departmental General Order M-3, Complaints Against Department Personnel or Procedures e Special Order 8553, TB V-T.1, /nternal Investigations Procedure Manual OIG Audit Summary On February 29, 2008, OIG initiated an audit to determine if OPD is complying with Task 12 of the Agreement. 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. 41