combined-10th-11th-report.pdf

Negotiated Settlement Agreement, Combined Tenth and Eleventh Semi-Annual Report December 2008 IMT Audit Summary During this reporting period, the IMT conducted an audit of actual practice compliance with this task. The parties agreed that OPD will be considered in compliance with this task if it notifies the District Attorney within 24 hours of the BOI Deputy Chief learning of criminal misconduct by an OPD member. Previously, the BOI Deputy Chief was required to inform the District Attorney within two hours. Task 28 requires that OPD report to Alameda County District Attorney’s office all uses of force; citizen complaints; and other member/employee-involved actions in which there is apparent evidence of criminal misconduct by a member/employee. The IMT found that OPD’s notification processing is improving; however, at the time of its review, notifications were not occurring in a timely manner. In four of the eight relevant cases reviewed, notification to the District Attorney did not occur within two hours of OPD’s determination of reasonable suspicion of criminal misconduct as required by OPD’s policy. In three of the cases, the IMT was unable to determine whether notification occurred within two hours; however, in many instances, it appeared that notification eventually occurred but not until weeks or months after OPD had learned of the apparent criminal activity. In only one case was the IMT able to confirm that the District Attorney or other relevant law enforcement agency was notified within two hours of the BOI Deputy Chief’s determination of reasonable suspicion. The IMT found that lack of timely notifications appeared related to a misunderstanding of the purpose of notification and the requirements of applicable policies, But since OPD has now developed a system to ensure that timely notifications occur, the IMT anticipates that OPD’s compliance in this area will improve dramatically going forward. Task 29: IAD Investigation Priority ¢ Settlement Agreement Section V. F; page 22, line 22 — page 23, line 2 (lead-in page 18, lines 11-12) e Assigned Unit: BOL Settlement Agreement Language e “By July 20, 2004, OPD must develop and implement a policy to coordinate its administrative investigation of a member/employee with the Alameda County District Attorney’s Office if a criminal proceeding is potentially viable.” « - “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.” e “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.) 58