combined-10th-11th-report.pdf

Negotiated Settlement Agreement, Combined Tenth and Eleventh Semi-Annual Report December 2008 officers and supervisors have been identified, resulting in retraining when deemed necessary. The identification of, and training for, tactical considerations that are associated with uses of force continue to be explored. IMT Audit Summary During this reporting period, the IMT conducted a compliance assessment of Task 24. The new use of force reporting policies represent a significant improvement over prior policy, which did not require officers to report most use of force. Consistent with contemporary law enforcement practices, the new policies require OPD officers to report all significant levels of force, including, for example, hand strikes, use of tasers or OC spray, or pointing firearms at an individual. The new policies also require officers to summon their supervisors to the scene when certain levels of force are used or there is an allegation that such force was used. Until the current reporting period, the IMT had refrained from conducting a formal audit of OPD’s compliance with the new use of force reporting and investigation provisions in order to provide the Department an opportunity to adjust to the new policies and procedures. The IMT audit found OPD in compliance with all of the requirements of this task. Task 24.1 requires OPD personnel to notify their supervisors as soon as practicable following any reportable use of force or allegation of excessive use of force. It also requires personnel to report force on the appropriate forms. Based on the use of force investigative reports and supplemental materials reviewed, the IMT found that personnel notified their supervisors and properly reported the force used in 96% of the cases reviewed. In the cases that were out of compliance, supervisors were notified but not as soon as practicable. This appears to have been due, at least in part, to a lack of understanding of OPD’s use of force reporting policies. Tasks 24.2 and 24.3 require OPD personnel who use force and OPD personnel on scene at the time force is used to report the force on the appropriate forms. Based on the use of force investigative reports and supplemental materials reviewed, the IMT determined that OPD personnel properly reported force used in 45 of the 47 incidents. This represents a 96% compliance level. Task 24.4 requires supervisors to respond to the scene upon notification of certain levels of force in order to conduct a use of force investigation. The IMT found that supervisors responded as required in 98% of cases reviewed, making OPD in compliance with Task 24.4. The remaining requirements of Task 24 relate to notification of OPD’s Homicide and Internal Affairs Divisions and the District Attorney’s Office and City Attorney’s Office when officers fire their weapons at suspects or use force that results in death or injury likely to result in death. The IMT found that OPD notified Homicide and Internal Affairs as required in each of the officer-involved shooting cases reviewed. Likewise, although there were issues with documentation, the IMT found that OPD notified both the District Attorney’s Office and the City Attorney’s Office as required by the Settlement Agreement. Therefore, the IMT found OPD in compliance with the requirements of Tasks 24.5, 24.6, and 24.8. 52