Eleventh Quarterly Report
of the
Independent Monitor
for the
Oakland Police Department
Robert S. WarshawIndependent Monitor
Office of the Independent Monitor Police Performance Solutions, LLCP.O. Box 396, Dover, NH 03821-0396October 15, 2012
Case3:00-cv-04599-TEH Document835 Filed10/15/12 Page1 of 86
Eleventh Quarterly Report of the Independent Monitor for the Oakland Police DepartmentOctober 15, 2012Page 1
Table of Contents
Section One
Introduction
2
Compliance Assessment Methodology
4
Executive Summary
6
Section Two
Compliance Assessments
Task 2: Timeliness Standards and Compliance with IAD Investigations
8Task 3: IAD Integrity Tests 10Task 4: Complaint Control System for IAD and Informal ComplaintResolution Process13Task 5: Complaint Procedures for IAD 16Task 6: Refusal to Accept or Refer Citizen Complaints 25Task 7: Methods for Receiving Citizen Complaints 27Task 16: Supporting IAD Process - Supervisor/Managerial Accountability 29Task 18: Approval of Field-Arrest by Supervisor 31Task 20: Span of Control for Supervisors 33Task 24: Use of Force Reporting Policy 36Task 25: Use of Force Investigations and Report Responsibility 40Task 26: Use of Force Review Board (UFRB) 44Task 30: Firearms Discharge Board of Review 47Task 33: Reporting Misconduct 49Task 34: Vehicle Stops, Field Investigation, and Detentions 51Task 35: Use of Force Reports - Witness Identification 55Task 37: Internal Investigations - Retaliation Against Witnesses 57Task 40: Personnel Assessment System (PAS) – Purpose 58Task 41: Use of Personnel Assessment System (PAS) 61Task 42: Field Training Program 59Task 43: Academy and In-Service Training 74Task 45: Consistency of Discipline Policy 77
Section Three
Conclusion: Critical Issues
80
Appendices
A: Cumulative Key Indicator Data
82
B: Acronyms
83
Case3:00-cv-04599-TEH Document835 Filed10/15/12 Page2 of 86
Eleventh Quarterly Report of the Independent Monitor for the Oakland Police DepartmentOctober 15, 2012Page 2
Section One
Introduction
This is the eleventh 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 StatesDistrict Court for 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 OaklandPolice Department (OPD). In this capacity, I oversee the monitoring process that began in 2003under the previous monitor, and produced 14 status reports. The current Monitoring Teamconducted our eleventh quarterly site visit from August 13, through 17, 2012, to evaluate theDepartment’s progress with the NSA during the three-month period of April 1, through June 30,2012.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 12 of the 22 remaining Tasks. This reflectsa reversal, to out of compliance with one Task, and the change from partial compliance todeferred for another.We are dismayed by the level of compliance reflected in this report, as should be the Departmentand the City of Oakland. We can only characterize the current condition in the Department asone of stubborn resistance to compliance with an Agreement made long ago: an Agreement thatsimply enumerates concepts common in police agencies across the country. It is not that thefoundation for embracing these reforms is absent; that is clear from our Phase 1 findings. Whathas not followed, though, is the commitment and hard work required to
build
on that foundation,to do more than go through the motions, to fully adopt and internalize the principles of effective,Constitutional policing. So much still remains to be done.Chief (Ret.) Robert S. Warshaw
Monitor
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