Thirteenth Quarterly Report of the Independent Monitor for the Oakland Police DepartmentApril 29, 2013Page 2
This is the thirteenth 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. The current Monitoring Team conducted our thirteenth quarterlysite visit from February 11, through 15, 2013, to evaluate the Department’s progress with the NSA during the three-month period of October 1, through December 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 policycompliance, 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 and in partialcompliance with seven Tasks. During this reporting period, we deferred our assessments withthree Tasks. These overall numbers reflect a change from not in compliance to in compliancewith one Task (Task 2, Timeliness Standards and Compliance with IAD Investigations); andfrom not in compliance to partial compliance with two Tasks (Task 16, Supporting IAD Process- Supervisor/Managerial Accountability; and Task 33, Reporting Misconduct). During the last(twelfth) reporting period, we found the Department in Phase 2 compliance with 11 Tasks, in partial compliance with eight Tasks, and not in compliance with three Tasks.Despite the slight improvement in the Department’s overall compliance picture, the number of Tasks in full compliance has returned merely to the number we found in full compliance duringthe eleventh reporting period. The number of Tasks in full compliance also falls one short of 13,the highest number we have found to be in full compliance since the beginning of our tenure.(We found 13 Tasks in full compliance during the fifth, sixth, and tenth reporting periods.)Recently, a new chapter opened in the decade-old undertaking toward the reform of the OaklandPolice Department: Judge Thelton E. Henderson appointed Thomas C. Frazier, retired PoliceCommissioner of the Baltimore Police Department, as the new Compliance Director. In thiscapacity, Commissioner Frazier leads the efforts to bring the Department into compliance withthe long-ago agreed-upon reforms outlined in the Negotiated Settlement Agreement. Even moreimportantly, Compliance Director Frazier can hold to great account those in the City andDepartment who have the responsibility to institute these reforms.
Case3:00-cv-04599-TEH Document929 Filed04/29/13 Page3 of 88