combined-10th-11th-report.pdf

Negotiated Settlement Agreement, Combined Tenth and Eleventh Semi-Annual Report December 2008 Status: In Policy, Training, and Full Practice Compliance e Policy: Training Bulletin V-O, Officer Involved Shooting, was published on August 21, 2003. However, the IMT indicated that we published the training bulletin(s) associated with this Task prior to their engagement with the Department. The IMT reviewed the training bulletin and advised the Department that it did not adequately incorporate the requirements of the Agreement. e Although the above-listed training bulletin addresses the provisions of this Task, portions of this Task will also be reflected in the following Department publications: o Revised Departmental General Order K-3, The Use of Force; o Revised Departmental General Order K-4, Reporting the Use of Force; and o Revised Departmental General Order K-4.1, Investigating the Use of Force. e Compliance Date: July 20, 2004 e Actual Practice Compliance: The IMT found the Department in full compliance with actual practice in April 2008. Deliverables Training Bulletin V-O, Officer Involved Shooting Implementation Activities e The Use of Force policies were published on February 18, 2006, and the Internal Affairs Policy & Procedure 05-04 was published on June 16, 2006. Departmental General Order K-4, Reporting and Investigation Use of Force (1 Aug 07) Homicide Policy and Procedure 01, Lethal Force/In-Custody Death Investigations (13 May 07) IAD Policy and Procedure 05-04 (16 Jun 06) Training Bulletin III-N, Police Conduct with the Mentally Ill (29 Sep 06) IMT Audit Summary The IMT found OPD in compliance with all requirements of Task 31, which deals with officer- involved shooting investigations. Task 31.1 requires that Homicide and Interna! Affairs investigators respond to the scene of every officer-involved shooting. The IMT found that both Homicide and Internal Affairs investigators conducted separate, parallel investigations: Homicide investigators conducted criminal investigations while Internal Affairs investigators conducted administrative investigations, focusing on policy and training compliance, whether proper tactics were used, and other risk management issues. Therefore, the Department is in compliance with this task. Prior to the Agreement, OPD did not conduct administrative investigations of officer-involved shootings. As a result, it missed opportunities to identify and correct deficiencies in this critical area. The Department is now doing comprehensive administrative investigations of officer-involved shootings and reviewing them at the highest level. On-scene response by Internal Affairs investigators is a central component of these administrative investigations. Task 31.2 requires OPD to conduct officer-involved shooting investigations in partnership with, and when deemed appropriate by, the Alameda County District Attorney’s Office. In all cases the IMT reviewed, OPD cooperated with the District Attorney and is in compliance with this task. The District Attorney’s Office has praised OPD’s cooperation as “exemplary.” OPD 61