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OPD Independent Monitor, 2nd Quarterly Report 2010

OPD Independent Monitor, 2nd Quarterly Report 2010

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Published by: ali_winston on Sep 17, 2010
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11/01/2011

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Second 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 03821-0396August 5, 2010
 
Second Quarterly Report of the Independent Monitor for the Oakland Police DepartmentAugust 5, 2010 page 1 of 76
Table of Contents
Section One
 Introduction
2
Compliance Assessment Methodology
4
 Executive Summary
5
Section Two
Compliance Assessments
 
Task 2: Timeliness Standards and Compliance with IAD Investigations
 
9Task 3: IAD Integrity Tests 11Task 4: Complaint Control System for IAD and Informal ComplaintResolution Process13Task 5: Complaint Procedures for IAD 15Task 6: Refusal to Accept or Refer Citizen Complaints 24Task 7: Methods for Receiving Citizen Complaints 26Task 16: Supporting IAD Process-Supervisor/Managerial Accountability 28Task 18: Approval of Field-Arrest by Supervisor 29Task 20: Span of Control for Supervisors 32Task 24: Use of Force Reporting Policy 35Task 25: Use of Force Investigations and Report Responsibility 39Task 26: Use of Force Review Board (UFRB) 43Task 30: Firearms Discharge Board of Review 46Task 33: Reporting Misconduct 47Task 34: Vehicle Stops, Field Investigation and Detentions 49Task 35: Use of Force Reports-Witness Identification 52Task 37: Internal Investigations-Retaliation Against Witnesses 53Task 40: Personnel Assessment System (PAS)-Purpose 55Task 41: Use of Personnel Assessment System (PAS) 58Task 42: Field Training Program 66Task 43: Academy and In-Service Training 69Task 45: Consistency of Discipline Policy 72
Section Three
 
Conclusion
75
Appendix
 
 Acronyms
77
 
Second Quarterly Report of the Independent Monitor for the Oakland Police DepartmentAugust 5, 2010 page 2 of 76
Section One
 Introduction
This is the Second 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 of this year, under the directionof 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 its second quarterly site visit from May 23, through May 28, 2010, to evaluate theDepartment’s progress during the three-month period of January 1, through March 31, 2009.As the months have passed since I was named as Monitor in this case, budget and financial problems in Oakland, the State of California, and across the nation as a whole have grownincreasingly problematic. While our Team conducted its site visit in Oakland, the implicationsof these problems for policing in Oakland were becoming clear. After our site visit, the layoff of  police officers in Oakland became a reality as 80 officers were subjected to layoffs.Despite such problems, the important work of the police must go on. We also know that is itimportant not to compromise our standards or lower our expectations regarding the OaklandPolice Department’s achievement of compliance with the requirements of the negotiatedsettlement agreement. Our expectation and methods of assessment must remain as they have been.Consistent with that, we continue to appreciate the efforts put forth by the Office of the Inspector General (OIG) of OPD and by the many officers, civilians, supervisors, and command personnelwho have contributed to our process of compliance assessment for this report. We acknowledgethe efforts of Police Chief, Anthony Batts, who has had the task of managing the changing fiscalresources of the Department while continuing to support efforts to achieve compliance with thenegotiated agreement.In the body of this report we will report the compliance status with the remaining active tasks of the agreement. By the end of the seven-year tenure of the previous monitor, the Department wasin full compliance with 32 of the 51 required Tasks, and in partial compliance with 16 additionalTasks. As a result, the Parties agreed to reduce the number of Tasks under “active” monitoringto the current list of 22.In this quarter we continue to find that the Department is in Phase 1 compliance on all 22 of theremaining active Tasks. With regard to Phase 2, or full compliance, OPD has maintained thatstatus on 11 requirements. Thus overall compliance levels are unchanged from our firstquarterly report. The status of some Tasks, however, has shifted across compliance categories.

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