Robert S. WarshawIndependent Monitor
Office of the Independent MonitorPolice Performance Solutions, LLCP.O. Box 396, Dover, NH 03821-0396October 3, 2012
Special Report
of the
IndependentMonitor
for the
Oakland PoliceDepartment: Review of the FrazierGroup,
LLC’s IndependentInvestigation of October 25, 2011Occupy Oakland Response
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Special ReportRegarding Frazier Group, LLCIndependent InvestigationOctober 3, 2012Page 2
Table of Contents
Section One
Introduction
3
Summary of Findings
5
Section Two
Compliance Assessments
Task 1: IAD Staffing and ResourcesTask 2: Timeliness Standards
910Task 5: Complaint Procedures for IAD 10Task 7: Methods for Receiving Citizen ComplaintsTask 11: Summary of Citizen ComplaintsTask 12: Disclosure of Possible Investigator Bias131414Task 16: Supporting IAD Process - Supervisor/Managerial Accountability 16Task 19: Unity of Command 18Task 20: Span of Control for Supervisors 20Task 24: Use of Force Reporting Policy 21Task 25: Use of Force Investigations and Report Responsibility 21Task 26: Force Review Board (FRB) 25Task 27: Oleoresin Capsicum Log 26Task 29: IAD Investigation Priority 27Task 30: Executive Force Review Board (EFRB) 27Task 32: Use of Camcorders 28Task 33: Supporting the IAD Process 29Task 43: Academy and In-Service Training 30
Section Three
Conclusion
33
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Special ReportRegarding Frazier Group, LLCIndependent InvestigationOctober 3, 2012Page 3
Section One
Introduction
On December 19, 2011, the City of Oakland contracted with the Frazier Group LLC to conductan impartial review of the events of October 25, 2011 – identified as the Occupy Oaklandprotest. In the aftermath of these events, the Frazier Group (“Frazier”) reported that seriousconcerns were raised by both City Officials and the community at large concerning use of unreasonable force, overall police performance, and OPD’s ability to manage future events in anacceptable manner. Frazier’s initial task from the City of Oakland was to focus on the events of October 25, 2011. On April 30, 2012, the Frazier Group issued a report to the City containing itsfindings, conclusions, and recommendations. As Frazier’s review and analysis of OPD’sperformance prior to, during, and subsequent to the October 25, 2011 Occupy Oakland eventprogressed, systemic shortcomings became alarmingly clear. These shortcomings includedpolicy and practice deficiencies surrounding leadership, accountability, communication andcollaboration, technical expertise, and organizational development.The Frazier report indicates that its investigation took a 360 degree approach and consisted of interviews, conversations, and review of materials from officials, OPD personnel of all ranks,civil rights advocates and organizations, former OPD members and leaders, public safetycommunications personnel, members of the Oakland Civilian Police Review Board, Federalauthorities, and members of our monitoring team. The Frazier report concluded that the OaklandPolice Department’s response to the Occupy Oakland protest on October 25, 2011 was flawed byinadequate staffing, insufficient planning, the lack of understanding of modern crowdmanagement techniques, and outdated policies and protocols.On May 31, 2012, the Honorable Thelton E. Henderson issued a Court Order (Dkt. No. 692)requiring that the Monitor review the Frazier Group report regarding the Occupy Oakland eventsof October 25, 2011, and address any implications found in the Frazier report relevant to theNegotiated Settlement Agreement (NSA) in the case of
Delphine Allen, et al., vs. City of Oakland, et al.,
for the United States District Court for the Northern District of California.The Frazier report contained a series of 68 findings and recommendations to improve the PoliceDepartment’s response to future protests. We have analyzed these findings andrecommendations and have determined that 39 of them are directly related to Tasks identified inthe NSA.
1
Some of the findings and recommendations in the Frazier report affect Tasks whichare currently inactive. In the analysis to follow, we have connected specific findings to NSATasks and, where applicable, identified the finding as raising potential compliance concerns withthe Tasks based on the Frazier Group’s conclusions. Indicating that a finding is cause forcompliance concern does not necessarily mean that OPD is out of compliance with the particularTask based exclusively on the finding, or OPD’s response to the events of October 25. The
1
Some findings and recommendations are applicable to more than one NSA Task.
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