Fiscal Year 2013-2015 Special Budget Meeting

Case3:00-cv-04599-TEH Document930 Filed05/01/13 Pagel? of 59 officers, supervisor, or commanders were while the sustained misconduct occurred. In one case, a lieutenant was found to have made improper command decisions during a protest; however, the investigation did not include any review of the demonstration response planning by OPD command: In more than one case, high- ranking supervisors - including captains - were involved in the situations that lead to the sustained use of force. In these situations, if citizens had not made complaints, the misconduct would not have been reported or investigated; and officers would not have been disciplined for their misconduct. The remaining four investigations that did not sufficiently or completely analyze the role of the supervisor involved: the improper detention of a subject and (sustained) allegation of racial profiling; a vehicle pursuit where the officer intentionally struck the subject; the use of a canine where improper commands were given; and the use of a force in striking a mental patient. In each of these cases, OPD did not sufficiently analyze the role of the supervisor in the misconduct. It was not until each of the four cases made it to the Force Review Board that the Chief of Police identified the supervisors' misconduct. Based on our review, OPD is not in Phase 2 compliance with this Task. Compliance Status: Phase 1: Incompliance Phase 2: Not in compliance OPD PLAN TO ACHIEVE COMPLIANCE OPD RESPONSIBLE PARTY: Deputy Chief S. Whent The Department has consistently done a good job at holding people accountable where necessary. Occupy was a challenge to the Department in every possible aspect, including lA investigations. The Department will give additional scrutiny to any lingering Occupy investigations. It is expected that compliance will improve to pre - Occupy compliance levels. As with Task 5, the OPD believes they are out of compliance with Task 16 due to the volume and challenges of complaints made as a result of Occupy Oakland events of 2011 and 2012. Prior to the necessity to investigate the hundreds of complaints, the OPD had 17