combined-10th-11th-report.pdf

Negotiated Settlement Agreement, Combined Tenth and Eleventh Semi-Annual Report December 2008 ¢ Special Order 8815 Revision to DGO E-3.1 (1 Feb 08) OIG Audit Summary In April 2007, the 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. Beginning with a list of 183 claims and litigations filed between January 1, 2006 and December 31, 2006, the audit found 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 investigations and Division Level investigations, coupled with the Department’s review process, the OPD was meeting the requirements of Task 14 in that 1) Internal Affairs receives notifications of lawsuits and legal claims and investigates any associated allegations of Manual of Rules violations (Task 14), and 2) internal investigations are handled separately from City Attorney investigations and OPD does not delay, halt, modify, or terminate investigations because the underlying matter is in civil litigation (Task 14.1). There were no applicable cases for Tasks 14.2 and 14.3. Task 14.2 allows the Chief of Police to hold findings of an internal investigation in abeyance if he/she determines that a concurrent civil litigation is likely to yield additional information relevant to the internal investigation, but requires that the delay last no longer than necessary and reasons for the delay must be documented. Task 14.3 does not take effect unless a finding is held in abeyance as provided for in Task 14.2. Task 14.3 requires the Chief, in these instances to ensure that the “investigation continues on all areas of the internal investigation.” There were no cases held in abeyance and therefore, there were no applicable cases for 14.2 and 14.3. Task 15: Reviewing Findings and Disciplinary Recommendations e Settlement Agreement Section III. N; page 15, lines 1-4 (lead-in page 6, line 24 — page 7, line 2) e Assigned Unit: IAD Settlement Agreement Language e “By June 15, 2004, OPD shall develop a policy to ensure that, except upon written authorization from the Chief of Police, the appropriate chain-of-review, from the first- level commander up, shall be responsible for reviewing recommended findings and the Discipline Officer shall be responsible for making disciplinary recommendations in sustained internal investigations.” e “By October 1, 2004, OPD must implement this policy.” Status: In Policy, Training, and Full Practice Compliance Actual Practice Compliance: The IMT found the Department in full compliance with actual practice in November 2006. 43