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Henderson April 10 Order on Compliance Director's Authority

Henderson April 10 Order on Compliance Director's Authority

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Published by ali_winston
Henderson April 10 Order on Oakland Police Department Compliance Director's authority
Henderson April 10 Order on Oakland Police Department Compliance Director's authority

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Published by: ali_winston on Apr 11, 2013
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04/11/2013

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12345678910111213141516171819202122232425262728 IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF CALIFORNIADELPHINE ALLEN, et al.,Plaintiffs,v.CITY OF OAKLAND, et al.,Defendants.MASTER CASE FILENO. C00-4599 TEHORDER OF CLARIFICATION RE:SCOPE OF COMPLIANCEDIRECTOR’S AUTHORITYIt has become apparent from the Compliance Director’s early conversations withofficials from Defendant City of Oakland that the City is attempting to limit unilaterally thescope of the Compliance Director’s authority. The Court issues this order – which should beunnecessary – to clarify that its orders mean what they say.As was made clear in the Court’s December 12, 2012 order establishing theCompliance Director position, the Compliance Director’s authority is not limited to the tasksin the Negotiated Settlement Agreement (“NSA”) that are not in compliance, nor even to alltasks in the NSA. As but one example, the City agreed, and the Court ordered, that theCompliance Director has the authority to address “[s]trategies to decrease the number of police misconduct complaints, claims, and lawsuits,” although doing so is not required byany task in the NSA. Dec. 12, 2012 Order re: Compliance Director at 4; Dec. 5, 2012PartiesProposed Order at 7. Likewise, the City agreed, and the Court ordered, that theCompliance Director has authority over “tactical initiatives that may have a direct or indirectimpact on the NSA and AMOU [Amended Memorandum of Understanding].” Dec. 12, 2012Order at 6; Dec. 5, 2012 Proposed Order at 8. Most broadly, the City agreed that, “
[i]naddition to the specific tasks in the NSA and AMOU,
the Compliance Director will beempowered to review, investigate and/or take corrective action with regard to OPD [OaklandPolice Department] policies, procedures and practices that are related to the objectives of the
Case3:00-cv-04599-TEH Document924 Filed04/10/13 Page1 of 2

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