Tenth Quarterly Report of the Independent Monitor for the Oakland Police DepartmentJuly 30, 2012Page 2
This is the tenth quarterly report of the Monitor of the Negotiated Settlement Agreement (NSA)in the case of
Delphine Allen, et al., vs. City of Oakland, et al.,
in the United States District Courtfor the Northern District of California. In January 2010, under the direction of Judge Thelton E.Henderson, the Parties agreed to my appointment as Monitor of the Oakland Police Department(OPD). In this capacity, I oversee the monitoring process that began in 2003 under the previousmonitor, and produced 14 status reports. The current Monitoring Team conducted our tenthquarterly site visit from May 14, through 18, 2012, to evaluate the Department’s progress withthe NSA during the three-month period of January 1, through March 31, 2012.In the body of this report, we again report the compliance status with the remaining active Tasksof the Agreement. By the end of the seven-year tenure of the previous monitor, the Departmentwas in full compliance with 32 of the 51 required Tasks, and in partial compliance with 16additional Tasks. As a result, the Parties agreed to reduce the number of Tasks under “active”monitoring to the current list of 22.During this reporting period, we continue to find the Department in Phase 1, or policy,compliance with all 22 of the remaining active Tasks. With regard to Phase 2, or fullcompliance, we find that OPD is in compliance with 13 of the 22 remaining Tasks; this is onemore than we found in compliance in the last three reporting periods.During this reporting period, we examined inactive Task 51, which requires that the Office of theInspector General (OIG) conduct several annual audits in various areas related to the NSA. Wereviewed the audits conducted by OIG in 2011 and thus far in 2012, and consulted with OIG personnel regarding audits that are currently in progress or planned for the remainder of 2012.Based on this information, we find the Department in compliance with this Task. However, aswe have discussed with the Department, we encourage OPD to conduct more regular mini-assessments or inspections to help determine in “real time” if the Department is in compliancewith various Tasks. We will closely monitor this effort, and continue to provide technicalassistance to the Department in this area.The site visit that led to this report occurred at a time of substantial tumult – in the midst of investigations associated with the earliest Occupy Oakland activities. Since then, the criticalresults of the external investigation have been released to the public. During the same time period, officer-involved shootings – and the Department’s response to those incidents – garneredthe attention and concern of the Monitoring Team. (See Appendix A.) The state of Oakland’sreform process – now nearly a decade old – remains very much in doubt.
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