combined-10th-11th-report.pdf

Negotiated Settlement Agreement, Combined Tenth and Eleventh Semi-Annual Report December 2008 Deliverables Departmental General Order C-8, Oleoresin Capsicum (OC) Oleoresin Capsicum Log Oleoresin Capsicum checkout electronic tracking and database Special Order 8061, Oleoresin Capsicum (Pepper Spray) Log and Checkout Procedures Task 28: Use of Force - Investigation of Criminal Misconduct © Settlement Agreement Section V. E.; page 22, lines 17-21 (lead-in page 18, lines 11-12) e Assigned Unit: BOL Settlement Agreement Language “By July 20, 2004, OPD must develop and implement a policy to report, as soon as possible, any use of force situation, citizen complaint, or other member/employee- involved action in which there is apparent evidence of criminal misconduct by a member/employee to the Alameda County District Attorney’s Office.” “By July 20, 2004, when OPD initiates an interview or interrogation of OPD personnel and it appears that the subject may be charged with a crime, or the subject asserts his or her Fifth Amendment rights on grounds that the answers to questions posed may be incriminating, such interrogation must be preceded by a Lybarger warning.” “By August 13, 2004, OPD must revise certain policies and procedures related to IAD investigations and create an IAD procedural manual for conducting complaint investigations.” (This requirement applies to Tasks 1-16 and is reiterated in Task 10.) “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.) “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 Revised Departmental General Order M-4, Coordination of Criminal Investigations Internal Affairs Division Policy and Procedures Manual Implementation Activities Departmental General Order M-4, Coordination of Criminal Investigations, had been revised to clarify procedures. The policy was revised and renamed M-4.1, which was published on April 21, 2006, 57