Fiscal Year 2013-2015 Special Budget Meeting

Case3:00-cv-04599-TEH Document930 Filed05/01/13 Pagel3of59 Task 5.18 requires that OPD resolve each allegation in a complaint investigation using the preponderance of the evidence standard (compliance standard: 90%). During the previous reporting period, OPD complied with this subtask in 88% of the cases we reviewed. During this reporting period, OPD complied with this subtask in 20 cases, or 80%. One of the noncompliant cases involved uses of force and their subsequent investigation, stemming from an Occupy Oakland protest. Two of the allegations were appropriately sustained. We believe another allegation - that a supervisor intentionally omitted certain details in his reports - could have also been sustained. The investigator wrote such phrases as, "there are circumstances to suggest that Q did so intentionally" and "may have intentionally omitted." He arrives at his not sustained finding, however, because he believes there is no "clear evidence." This standard is higher than the preponderance of evidence standard, which we believe was met as it pertains to this allegation. In another case, an allegation was inappropriately administratively closed rather than adjudicated according to the preponderance of the evidence standard. It involved an allegation of inappropriate pointing of a firearm during the execution of a search warrant. A third-party complainant alleged that officers pointed an "infrared" dot at an infant while clearing the house. IAD administratively closed the case because OPD firearms are not equipped with laser sights, and since ATF agents were also on the scene, their firearms must have been involved. However, just prior to the case being closed, an IAD officer called ATF and learned that they also do not have any weapons equipped with laser sights. Despite having this information, IAD administratively closed the case as having no jurisdiction. Compliance Status: Phase 1: Incompliance Phase 2: Partial compliance We noted six cases in which the recommended findings of the investigator were overturned during the review process. In five cases, this was appropriate and resulted in compliant cases as it pertains to this task. However, in one, a case involving an allegation of a dispatcher failing to report to work after being medically cleared for duty, the investigator also laid out a convincing case for sustained truthfulness charges. The Chief changed the finding "after consulting with the OCA (Office of the City Attorney)." 13