Fiscal Year 2013-2015 Special Budget Meeting

Case3:00-cv-04599-TEH Document930 Filed05/01/13 Pagel4of59 OPD is not in compliance with Task 5.18. OPD PLAN TO ACHIEVE COMPLIANCE OPD RESPONSIBLE PARTY: Deputy Chief S. Whent OPD will provide training to IAD (e.g., analyzing statements and evidence, interviews and interrogation, and POST Internal Affairs training, interview techniques, investigative analysis, etc.). This training is on-going. Providing similar training to newly promoted investigators. OPD has made appropriate staffing changes at the investigative and command level and will continue to monitor staff performance. OPD to provide continued training on investigation process and protocols to ensure that investigations and findings are based on thorough, fair, unbiased, and timely. We expect to return to a level in compliance or near to it once the vast numbers of Occupy investigations are complete. This task will likely never be 100% due to the subjectivity involved. COMPLIANCE DIRECTOR'S COMMENTS: The OPD has commented that they have been in compliance with Tasks 5.15 and 5.16, as documented in many previous IMT quarterly reports. OPD believes the organization is presently out of compliance with Task 5.18 in large measure due to the Occupy Oakland events of 2011 and 2012. The volume, nature, and challenges of the complaints alleged against Department members and Department policy/actions was an anomaly. Regarding credibility assessments, a variety of methods were analyzed to determine which were most appropriate to the NSA Task, e.g. standard jury instructions regarding weighing credibility of testimony. At the present time, the ovenwhelming numbers of statements are automatically deemed credible unless provable information to the contrary is known. In addition, Internal Affairs has recognized possible disparity when evaluating citizen versus officer credibility, and they have also determined to assess and emphasize 14