oakland police departmentthe opportunity to further refine the iad processes for effectiveness and...

OAKLAND POLICE DEPARTMENT

INTERNAL AFFAIRS DIVISION

ANNUAL REPORT – YEAR 2009

DEDICATED TO HONESTY, INTEGRITY AND FAIRNESS

IAD Management and Annual Report – Year 2009

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FORWARD

owhere in the Oakland Police Department is there a more critical function than that within the Internal Affairs Division. Tasked with maintaining the integrity and values of the Department, the Internal Affairs Division has a long-standing

tradition of conducting fair and objective investigations of misconduct allegations and policy failures.

N There is an absolute right for a citizen to voice a complaint when they feel wronged by a member, employee or policy of the Department. To deny this right serves only to pull the Department away from the citizens it serves and inflicts long-term damage to the Community/Department relationship. Every contact made in this division is an important opportunity for a member of our team. Indeed, these are opportunities to bridge gaps in communication; to explain a policy or procedure; to show the Department does care about a citizen’s concerns; or simply an opportunity to empathize with a person who has had a negative encounter involving their police department. Of course, there are occasions when one will experience the other end of the spectrum; discovering errors or omissions in policy and procedure, or plain and simple misconduct. These will be the occasions to test our courage to stand for the principles found in the Law Enforcement Code of Ethics and the Departmental Core Values. These occasions should also be viewed as opportunities. While at times difficult, these occasions are opportunities to maintain the integrity and values of the Department, to identify policy failures, to save a career or even a life. One cannot underestimate the positive impact a fair and objective, fact-finding investigation will have on all those involved, as well as the Department itself. While often a thankless assignment, Internal Affair Division staff members have been given an opportunity to make a difference. Each time this opportunity arises, Internal Affairs Division staff members choose whether they will have a positive or a negative impact, both within the Department, as well as the Community. I encourage you to stand for those needing your help, both the accuser as well as the accused, and to do so with heartfelt enthusiasm with the knowledge that you are fulfilling an important function and maintaining the longstanding traditions of the Internal Affairs Division. Sean Whent Acting Captain of Police Internal Affairs Division

IAD Management and Annual Report – Year 2009

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TABLE OF CONTENTS

Mission Statement............................................................................................................................1 Introduction......................................................................................................................................2 Role of the Internal Affairs Division ...............................................................................................3 Internal Affairs Division Staffing ....................................................................................................3 Organizational Structure .............................................................................................................3 IAD Organizational Chart...........................................................................................................4 IAD Staffing Data .......................................................................................................................4 Staffing Assignments for 2009 ...................................................................................................5 Other Staffing Data .....................................................................................................................5 IAD Staff Members................................................................................................................. 6-8 Internal Affairs Division Fiscal Management Reports ....................................................................8 Budget Appropriations and Expenditures from the Preceding Year ...............................................9 Fiscal Management of Operating and Maintenance (O&M) and Grants...................................9 O&M and Grants Expenditures Summary.................................................................................9 Fiscal Management of Personnel (non-OT) and Overtime................................................ 10-11 Personnel (non-OT) and Overtime Expenditures Summary....................................................12 Internal Affairs Division Training Received and/or Provided ................................................ 12-13 Significant Internal Affairs Division Accomplishments.......................................................... 13-15 Other Data – Awards to Staff Members ............................................................................ 15-16 Internal Affairs Division Productivity Performance Data .............................................................17 List of Charts and Graphs: Complaints Received 2000 – 2009: ...............................................................................................18 IAD Cases per Member/Employee Received in 2009: ..................................................................18 Allegations by MOR in 2009:........................................................................................................19 UOF Allegations by Level in 2009:...............................................................................................19 Findings for Allegations 2009 .......................................................................................................20 IAD Cases Handled by IAD Compared to Division Level Investigations ....................................20 Other Internal Affairs Division Performance Data........................................................................21 Areas of Concern and Measures to Address these Matters............................................................21 Complaint Volume vs. Investigative Quality...........................................................................21 Integrity Testing Unit Effectiveness ........................................................................................21 State of the Unit .............................................................................................................................22 Internal Affairs Division Plans and Goals for Year 2009................................................... 22-23

Internal Affairs Division Management and Annual Report – Year 2009

MISSION STATEMENT

The Internal Affairs Division of the Oakland Police Department is committed to protecting and defending the constitutional rights of all citizens, as well as the integrity of the Department and individual members and employees. It is our mission to provide the highest quality of professional service to every member of the community by conducting thorough, impartial, and ethical investigations regarding allegations of misconduct and policy failures within the Department. In a continuing effort to foster and maintain mutual trust and confidence in the community in which we serve, we treat each citizen, member, and employee with fairness, dignity and respect at all times. It is through our commitment to honor and integrity that we uphold the core values of the Oakland Police Department.

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INTRODUCTION

During 2009, the Internal Affairs Division (IAD) maintained a steadfast commitment to uphold the core values of the Oakland Police Department by conducting fair, objective and impartial investigations regarding allegations of misconduct and policy failures within our organization. The men and women of the Division, both sworn and civilian, worked tirelessly in their effort to consistently provide both Department personnel and the community in which we serve a critical means of addressing, uncovering and resolving issues of concern. The IAD took on new challenges in 2009 as the staff worked diligently to ease the burden on other divisions. Officers sacrificed flexible hours to create two watches allowing the expansion of IAD’s business hours from 0900-1700 to 0800-2100 hours. Additionally, the IAD began to take certain complaints directly from the Communications Division, the Police Administration Building, and the Eastmont Station, eliminating the need for a field supervisor to handle those complaints. The staff of the IAD looks forward to 2010 and the opportunity to further refine the IAD processes for effectiveness and efficiency. This Annual Report covers the period of January 1, 2009, through December 31, 2009, and summarizes performance data, accomplishments, and challenges for the IAD over the past year. The Report’s contents and production are mandated by the Negotiated Settlement Agreement (NSA) and Departmental General Order A-7, Annual Management and Departmental Report.

Officer Rick Sem

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ROLE OF THE INTERNAL AFFAIRS DIVISION

The primary function of the Internal Affairs Division (IAD) is to accept, process, and investigate complaints from any source alleging misconduct by Departmental personnel. Additionally, the IAD investigates firearm discharges and certain critical incidents involving death and serious injury. IAD investigations identify policy violations, training needs, equipment failures, and recommendations for policy revisions. The Division supports and plays a key role in the implementation and enforcement of the Memorandum of Understanding (MOU). Departmental Values and the Law Enforcement Code of Ethics serve as our guiding philosophy. The Departmental Strategic Plan serves as the roadmap to achieve these goals. The IAD is committed to creating a sustainable relationship based on trust and integrity with citizens in the community as well as the Oakland Police Department (OPD) and other City of Oakland personnel. The IAD receives and investigates complaints from the public and other sources about Departmental personnel and practices. Complaints received by the IAD are investigated, and the findings of these investigations are reported back to the complaining citizen or personnel as well as the accused employee(s). Discipline recommendations are also prepared by the IAD. The Division responds to subpoenas and requests for records involving claims against the Department. The Division also works collaboratively with the staff of the Citizen’s Police Review Board (CPRB) to provide information necessary for the completion of their investigations. The IAD performs additional essential duties for the Department by acting as the keeper of records for Use of Force Reports, Pursuit Reports, and Case Evaluation Reports. This involves maintaining a separate database for each type of report and entering data about each report into the appropriate databases. These databases, along with the IAD’s own database of internal investigations, feed vital information into the Internal Personnel Assessment System (i-PAS) used by supervisors to evaluate their subordinates and identify areas for recognition or intervention. INTERNAL AFFAIRS DIVISION STAFFING

Organizational Structure The IAD continued to mature in 2009 and reorganized to reflect the additional experience and expertise of the personnel working in the Division. The Compliance Unit, which double checked much of the work already reviewed by a sergeant and lieutenant, was streamlined and sworn members were moved to the Intake Unit to allow for expanded hours and duties. The other duties of the unit were divided among staff members and the Performance Audit Unit. The IAD’s responsibilities are divided among the Administration Section, Investigations Section, Integrity Testing Unit, and Division Level Unit as depicted below.

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Internal Affairs Division Organizational Chart

for Year 2009

IAD Division Commander

Captain

Administrative Section

Lieutenant

Investigations Section

Lieutenant

Integrity Testing Unit

Sergeant

Division Level Unit

Sergeant

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Intake Unit Squad A Sergeant

Intake Unit Squad B Sergeant

Administrative Support Unit Administrative

Analyst II

Performance Audit Unit

Performance Audit Manager

Pitchess Officer

Internal Affairs Division Staffing Data The Internal Affairs Division’s staffing increased again in 2009 to a total of 39 filled positions compared to 36 filled in 2008. Despite the increase, the IAD was not unaffected by the City of Oakland’s measures to deal with the budget crisis such as the hiring freeze, mandatory shut down days, and layoffs. These measures prevented the IAD from hiring the additional support staff it needed. The Administrative Support Unit functioned for the majority of the year without an Administrative Analyst II. Budget cuts also resulted in the loss of one employee and having to deal with two employees who “bumped” into the IAD, but ultimately were found unsuitable to remain in the IAD. While the IAD’s staffing exceeded its authorized strength for a second year, the workload of the IAD continued to justify the additional personnel. The workload of the IAD increased in three of the four areas for which it is responsible, most notably in the area of its primary responsibility of internal investigations. Unfortunately, the one area in which the workload decreased (Case Evaluation Reports) requires the least amount of work to complete (entering information from a single page report).

• The IAD handled 1758 internal investigations in 2008. There were 2267 in 2009, a 28% increase.

• The IAD processed and entered 158 Pursuit Reports into a database in 2008. There were 241 in 2009, a 52% increase.


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• The IAD processed and entered 2161 Use of Force Reports into a database in 2008. There were approximately 2200 in 2009 (final numbers pending), a minimal increase.

• The IAD processed and entered 4591 Case Evaluations Reports into a database in 2008. There were 3801 in 2009, a 17 % decrease.

Retaining the additional positions in IAD allowed the increased workload to be handled with only a 12% increase in overtime ($641,383 in FY 07-08 vs. $721,526 in FY 08-09). Additionally, an Oracle inquiry reveals that the IAD has only spent $279,094 in overtime during the second half of 2009; this projects to $558,188 for FY 09-10. As explained in the Fiscal Management Reports section below, the Department saved an estimated $1,000,000 by maintaining increased staffing in the IAD.

Table 1

INTERNAL AFFAIRS DIVISION STAFFING ASSIGNMENTS FOR YEAR 2009

CLASSIFICATION

AUTHORIZED

FILLED

LOANED

VACANT

Captain of Police

1

0

0

1

Lieutenant of Police

2

3

1

0

Sergeant of Police

10

16

6

0

Police Officers

9

15

6

0

Performance Audit Manager 1 1 0 0

Administrative Analyst II

1

0

0

1

Police Records Specialist

3

3

0

0

Administrative Assistant II

1

1

0

0

Totals

28

39

13

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Other Staffing Data In 2009, the City of Oakland enacted several steps to deal with the budget crisis including a hiring freeze, mandatory shut down days and layoffs. Despite these challenges, the IAD was able to maintain compliance with a number of the tasks mandated by the Negotiated Settlement Agreement, and resolve IAD cases quickly and efficiently, which provided a venue in which the citizens of Oakland could build trust in the Oakland Police Department. Promotional and retirement information, along with staffing transfers are detailed in footnotes and parenthesis on the following pages.


IAD STAFF MEMBERS Command Staff

Edward Poulson Captain of Police, Internal Affairs Division ** Sean Whent Lieutenant of Police, Acting as Division Commander Christopher Shannon Lieutenant of Police, Administration Section Darren Allison Lieutenant of Police, Investigative Section Administration Section

Raymond Backman Sergeant of Police ** Jake Floyd Sergeant of Police James Anderson Police Officer ** Curtis Worcester Police Office Robyn Clark Police Officer Steven Bang Police Officer ** Frank Gysin Police Officer ** Everett Peterson Police Officer Keith Samuel Police Officer Diane Ward Police Officer ** Donald Sawyer Police Officer Danielle Chavarria Police Officer Doria Neff Police Officer Jung Chang Police Officer ** Patrick Mahanay Police Officer Samuel Miller Police Officer ** Robert Moore Police Officer Taiwo Pena-Hornung Police Officer Sophal Sem Police Officer Robert Supriano Police Officer Jonathan Vanerwegan Police Officer Johnna Watson Police Officer Sarah Whitmeyer Police Officer Sean Quinlin Civilian Investigator ***

PRS Meeke Hoang & AAI Yolanda Young PRS Arturo Sandoval

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Administrative Support Unit

Apryl Belland-Smith Acting Administrative Analyst II Kiona Suttle Police Records Specialist Leticia Reyna Administrative Assistant I ** Delores Brown Police Records Specialist *** Meeke Hoang Police Records Specialist Yolanda Young Administrative Assistant I Kody Cardana Cadet ** Jared Blue-Lowry Cadet ** LaKeith Dillahunty Cadet Compliance/Special Projects Unit

Glen Rodriguez Sergeant of Police *** Inez Ramirez Police Officer ** William Bacon Police Officer ** Integrity Unit

John Lois Sergeant of Police Felicia Aisthorpe Police Officer (Transferred from the Compliance Unit) Division Level Unit

Chris Bolton Sergeant of Police (Transferred from the Compliance Unit) Performance Audit Unit

Sylvia Dewitt Performance Audit Manager Sylvia Rodriguez Annuitant Investigations Section

William Bodin Sergeant of Police Danielle Bowman Sergeant of Police ** David Elzey Sergeant of Police ** Ed Juarez Sergeant of Police James Kelly Sergeant of Police ** Mitchell Powell Sergeant of Police Joseph Seale Sergeant of Police Tim Shaver Sergeant of Police *** Robert Chan Sergeant of Police ** Diane Jim Sergeant of Police Henderson Jordan Sergeant of Police James Morris Sergeant of Police Blair Alexander Sergeant of Police

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Wendy Chan Sergeant of Police Gregg Dutton Sergeant of Police Steven Nowak Police Officer Anthony Souza Sergeant of Police ** Erin Mausz Sergeant of Police * * Promoted during the year **Transferred out of IAD during the year ***Retired from the Division/Department during the year INTERNAL AFFAIRS DIVISION FISCAL MANAGEMENT REPORTS

This Annual Report covers the calendar year of 2009. The Fiscal Management Report herein reflects the City’s preceding fiscal year (FY). For the purpose of this report, the fiscal period covered is FY ‘08 – ‘09 (July 1, 2008, to June 30, 2009). As a result, the numbers below reflect activity from a fiscal and not calendar-year period. The tables show that the IAD was close to within budget in the categories of Operations & Maintenance, Grants, and Overtime. However, in the category of Personnel, the Division exceeded its budget by over $2,000,000. The ever increasing number of cases in IAD combined with the Negotiated Settlement Agreement requirement to investigate each of them necessitated the transfer of several members into the IAD. While these transfers took personnel from other divisions, it did prevent the mandated work from being performed on overtime and saved the Department money. The same work by personnel at the overtime rate would have cost the Department an additional million dollars.

Officer Felicia Aisthorpe 8


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Table 2

Fiscal Management of O & M and Grants Budget Appropriations and Expenditures for FY 08-09

OPERATIONS & MAINTENANCE

FY 08/09 BUDGET

APPROPRIATION ENCUMBRANCE

FY 08/09 ACTUAL

EXPENDITURES DIFFERENCEFund 1010 52211 Stationery and Office 29,931.21 3,169.98 26,761.23 0.00 52212 Minor Furniture 10,282.67 0.00 10,282.67 0.00 52213 Minor Computer Hardware 48,368.45 786.21 47,582.24 0.00 52311 Maintenance Supplies 417.60 0.00 417.60 0.00 52513 Supplies: Telephone 337.77 0.00 337.77 0.00 52614 Books 2,959.39 0.00 2,959.39 0.00 52919 Supplies: Miscellaneous 351.74 0.00 351.74 0.00 53116 Telephone 1,992.03 0.00 1,992.03 0.00 53719 Miscellaneous Services 222.00 0.00 222.00 0.00 54611 Repair and Maintenance 110.00 0.00 110.00 0.00 54620 Maintenance and Security 1,158.00 0.00 1,158.00 0.00 54919 Services: Miscellaneous 128,496.76 12,185.13 116,311.63 0.00 55112 Commercial Transportation 2,058.02 0.00 2,058.02 0.00 55113 Meals 2,853.27 0.00 2,853.27 0.00 55114 Per Diem and Lodging 4,794.67 0.00 4,794.67 0.00 55212 Registration and Tuition 4,240.00 0.00 4,240.00 0.00 56123 City Accounting Services 0.00 0.00 26.45 (26.45)56124 City Contract Compliance 0.00 0.00 442.01 (442.01)57711 Computer Equipment 35,931.00 0.00 35,931.00 0.00

Totals 274,504.58 16,141.32 258,831.72 (468.46)

GRANTS

FY 08/09 BUDGET


FY 08/09 ACTUAL

EXPENDITURES DIFFERENCEFund 2112: Creating Culture of Integrity 54919 Services: Miscellaneous

Contracts 33,081.37 (33,081.37) 0 0

56124 City Contract Compliance 0.00 0.00 83.46 (83.46)Fund 2252: Measure Y 51214 Sworn: Overtime 176.86 0.00 176.86 0.00 51414 Sworn: Education 0.00 0.00 449.14 (449.14)51612 Sworn: Retirement Accrual 0.00 0.00 165.78 (165.78)

Fund 2912: Federal Asset Forfeiture Justice 54919 Services: Miscellaneous

Contracts 214,942.30 (214,942.34) 0 0

56124 City Contract Compliance 0.00 0.00 573.09 (573.09) Totals 260,407.64 133,014.44 128,664.67 (1,271.47)


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Table 3

Fiscal Management of Personnel (non-OT) and Overtime Budget Appropriations and Expenditures for FY 08-09

PERSONNEL

FY 08/09 BUDGET


FY 08/09 ACTUAL

EXPENDITURES DIFFERENCE Fund 1010

51111 Civilian: Regular 133,672.43 0.00 142,329.83 (8,657.40)51112 Sworn: Regular 1,800,428.14 0.00 2,823,631.15 (1,023,203.01)

51122 Temporary: Regular Part Time 5,910.25 0.00 62,096.63 (56,186.38)

51133 Civilian: Administrative 0.00 0.00 1,352.28 (1,352.28)

51134 Sworn: Administrative Leave 0.00 0.00 67,637.27 (67,637.27)

51411 Shift Pay 37,977.91 0.00 10,378.14 27,599.77 51412 Acting Pay 137.30 0.00 256.71 (119.41)51413 Standby Pay 4,585.75 0.00 11,868.50 (7,282.75)51414 Sworn: Education 61,682.00 0.00 171,435.03 (109,753.03)51415 Sworn: Training 283.04 0.00 1,415.20 (1,132.16)51418 Sworn: Longevity 35,050.00 0.00 35,050.00 0.00 51428 Premium: Bilingual 3,240.00 0.00 2,445.00 795.00

51429 Premium: Notary Public Pay 684.00 0.00 615.42 68.58

51511 Civilian: Paid Leave Char 39,268.49 0.00 27,479.86 11,788.63

51512 Sworn: Paid Leave Charge 534,407.61 0.00 571,503.24 (37,095.63)

51611 Civilian: Retirement 45,245.18 0.00 40,855.91 4,389.27

51612 Sworn: Retirement Accrual 892,194.00 0.00 1,391,017.00 (498,823.00)

51613 Civilian: Fringe Benefits 69,472.33 0.00 61,738.64 7,733.69

51614 Sworn: Fringe Benefits Accrual 773,214.34 0.00 1,107,785.92 (334,571.58)

51627 Retirement Contributions 221.66 0.00 2,564.68 (2,343.02)

51911 Adjustments: Miscellaneous 0.00 0.00 10,917.00 (10,917.00)

51912 Adjustments: Miscellaneous 0.00 0.00 2,511.17 (2,511.17)

58725 Prior Year Adjustments (4,018.57) 0.00 (11,999.10) 7,980.53 Fund 1250

61122 Civilian: Vacation Leave 0.00 0.00 (11,221.59) 11,221.59

61123 Civilian: Sick Leave Recovery 0.00 0.00 (6,476.97) 6,476.97

61124 Compensatory Time Recovery 0.00 0.00 (120,740.26) 120,740.26

61125 Other Paid Leaves Recovery 0.00 0.00 (314,807.19) 314,807.19

61132 Sworn: Vacation Leave 0.00 0.00 (205,719.52) 205,719.52


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Recovery

61133 Sworn: Sick Leave Recovery 0.00 0.00 (60,757.83) 60,757.83

61222 Civilian & Sworn: Vacation 0.00 0.00 165,501.93 (165,501.93)

61223 Civilian & Sworn: Sick Leave 0.00 0.00 80,992.42 (80,992.42)

61224 Civilian & Sworn: Compensation 0.00 0.00 156,140.56 (156,140.56)

61225 Civilian & Sworn: Other 0.00 0.00 263,479.55 (263,479.55)Fund 1300

62132 Recovery: Uniform Allowance 0.00 0.00 (14,896.70) 14,896.70

Fund 8000

57911 Depreciation 0.00 0.00 9,980.83 (9,980.83) Totals 4,433,655.86 0.00 6,476,360.71 (2,042,704.85)

OVERTIME

FY 08/09 BUDGET


FY 08/09 ACTUAL

EXPENDITURES DIFFERENCE Fund 1010

51211 Civilian: Holiday Overtime 4,151.96 0.00 0.00 4,151.96

51212 Civilian: Other Overtime 2,472.31 0.00 28,592.33 (26,120.02)

51213 Sworn: Holiday Overtime 24,936.00 0.00 13,737.87 11,198.13

51214 Sworn: Overtime 654,357.57 0.00 539,360.69 114,996.88

51216 Overtime: FLSA Premium 164.94 0.00 819.37 (654.43)

51222 Sworn: Court Overtime 282.97 0.00 761.82 (478.85)

51223 Sworn: Deferred Overtime 1,458.35 0.00 3,561.44 (2,103.09)

51225 Sworn: Comp Time Earned 11,863.16 0.00 110,653.22 (98,790.06)

51231 Civilian: Comp Time Earned 175.28 0.00 301.05 (125.77)

51232 Sworn: Comp Time Earned 0.00 0.00 565.94 (565.94)

51236 Sworn: Comp Time Earned 0.00 0.00 2,304.40 (2,304.40)

51242 Comp Day Award: Rep PP1 9,505.26 0.00 9,505.26 0.00

51312 Allowance: Meal 4,440.00 0.00 11,363.00 (6,923.00) Totals 713,807.80 0.00 721,526.39 (7,718.59)


Summary of Budget Appropriations and Expenditures for FY 08-09

CATEGORY SUMMARIES

FY 08/09 BUDGET


FY 08/09 ACTUAL

EXPENDITURES DIFFERENCE O&M 274,504.58 16,141.32 258,831.72 (468.46)

Grants 260,407.64 133,014.44 128,664.67 (1,271.47)Personnel 4,433,655.86 0.00 6,476,360.71 (2,042,704.85)Overtime 713,807.80 0.00 721,526.39 (7,718.59)

Totals 5,682,375.88 149,155.76 7,585,383.49 (2,052,163.37)

IAD TRAINING RECEIVED AND/OR PROVIDED

In an ongoing effort to support the professional development of all IAD personnel, members and employees collectively received hundreds of hours of training during 2009. The following is a list of training related to Internal Affairs and NSA-related matters:

IAD Training Received

Course Name # of

Hours # of

Students Total Hours

IA Internal Affairs Issues - CPT 1 21 21 IAD 05-01 General Operating Procedures 0.5 15 7.5 IAD 05-02 IAD Investigation Process 0.5 16 8 IAD 05-04 IAD Policy and Procedures 0.5 1 0.5 IAD 06-01 Legal/Tort Claims 0.5 1 0.5 IAD 07-02 Pitchess Motion Process 0.5 14 7 IAD 07-03 Intake Manual 0.5 16 8 IAD 07-04 CA Drivers License Verification 0.5 1 0.5 IAD 07-05 Skelly Process 0.5 1 0.5 IAD 07-06 Call Out Procedures 0.5 1 0.5 IAD 07-07 Office Security 0.5 16 8 IB - IAD Notification - MOR 314.28 0.5 3 1.5 Internal Affairs Investigation 24 5 120 SO8553 M - 3 &TB V-T.1 Internal Investigation Process Manual 0.5 6 3

Total 186.5

In addition to the training outlined in the above chart, IAD personnel have also collectively received hundreds of hours of training on various issues related to Departmental policies and procedures as well as POST mandated requirements. Although this training was not specific to the IAD, it was relevant to all members and employees of the Department.

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The following training is on-going and continues to be provided to IAD personnel:

• A training program implemented and designed for internal affairs investigators sponsored by San Jose State University is attended by the all members in the investigative and intake units;

• All of the Administrative Section’s Intake Unit personnel attend the Behavioral Analysis Training Institute (BATI) course. BATI was founded in 1984 by seasoned law enforcement investigators. The 40 hour course is the highest acclaimed POST certified course of its type in California. Students learn the most effective and scientifically sound methods to detect deception and elicit information from victims, witnesses and suspects.

SIGNIFICANT INTERNAL AFFAIRS DIVISION ACCOMPLISHMENTS

In 2009, the staff of the IAD successfully identified and overcame numerous challenges, many of which are identified below:

• Doubled the number of tasks that are in compliance with the Negotiated Settlement Agreement (NSA) from six (6) to twelve (12).

• Updated the Discipline Matrix and Manual of Rules to more accurately reflect the Department’s values and allow for an appropriate level of discipline.

• Expanded IAD’s role in the initial handling of complaints to reduce the burden on field supervisors. Intake hours were expanded by five hours and certain complaints are now handled directly from the Communications Division, Police Administration Building, and Eastmont Station.

• Completed an in-depth investigation of the events of March 21st, 2009, and produced a report of several hundred pages for use by the Board of Inquiry that reviewed the incident. This required the full attention of two members for several months as they worked in collaboration with other Divisions in the Department to complete the report.

• Reduced officer overtime significantly in the last month of the year and established practices to ensure this continues in 2010 through the streamlining of the Compliance Unit and addition of intake officers.

• Maintained a collaborative relationship with the offices of The City Attorney, the Independent Monitoring Team (IMT) and the Citizen Police Review Board (CPRB), which continue to benefit the Division, the Department, and the City.

• Modified and improved the IAD, Use of Force, Pursuit, and CER databases to facilitate compliance with NSA reporting requirements. Also, these updates created opportunities for management and supervisors to be better informed regarding the status of investigations, investigators’ workloads and IAD performance statistics.

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• IAD intake officers and investigators resolved more cases without sending them out as Division Level Investigations (DLI). In 2009, there were 409 DLI’s out of 2267 cases (109 cases were still in Intake as of January 2010). This is an average of 34 cases per month (18% of all cases). In 2008, there were 496 DLI’s out of 1758 cases, an average of 41 cases per month (22% of all cases).

• The Intake Unit continued to complete the intake of over 90% of cases within 30 days, which provides ample time for the investigation and review process to be completed within the deadline of 180 days.

• The IAD created and taught a class for civilian supervisors on the investigation of a DLI. Students went through the entire process of handling a DLI from receiving the case, to conducting the investigation, to completing a report and submitting it to the IAD. This included mock case files for each student complete with reports, summarized statements, and all other materials typically found in a DLI file.

• The IAD prepared and presented reports to the City Council regarding the IAD and complaints received by the IAD.

• The IAD has many current and former instructors on staff as well as personnel with collateral duties in a variety of areas including report writing, criminal law, search and seizure law, electronic weapons, handling of canines, dealing with people with mental disabilities, and the entry team.

• An IAD commander attended all Use of Force Safety Committees as the Discipline Officer and frequently acted as a voting member in the absence of a regularly assigned commander.

• The IAD investigated nine Level 1 use of force incidents, and three Level 1 pursuits, as well as one officer-involved shooting for an outside agency (Oakland Housing Authority).

• Although the Administrative Support Unit was not fully staffed, it worked

tirelessly at maintaining high quality and professional work product. The staff prepared Skelly documents for 39 cases for review by a Skelly hearing officer. It prepared, distributed and tracked several hundred investigative files for division level and internal investigation, processed over 600 requests for information from the OCA, IMT, CPRB, the Department and other units within the IAD. Also, the unit processed over 2200 use of force reports, and mailed approximately 2,100 letters informing the citizens of Oakland of the outcome of their complaints.

• The IAD continued to work toward complying with the mandates of the NSA and audit findings identified by the Independent Monitoring Team and Office of Inspector General. These efforts and results have included, but are not limited to:

The IMT found that the IAD practices have improved in contrast with past practices when capturing the proper level of investigation for each complaint. They found that the IAD is providing the right type and level of investigation in the vast majority of cases. As a result of these improvements, OPD is now


in compliance with all of Task 4 requirements. Also, along those same lines, the IAD was commended on classifying complaints as Class I (more severe) and Class II (less severe) offenses. The IMT found OPD routinely indentifies every allegation as Class 1 or Class II, helping ensure that investigations are handled appropriately.

In the 13th Annual Status Report presented by the IMT, the IAD Commander

was complemented on his ability to review tolled cases and meet the requirement of Task 5. The commander has set up weekly meetings to review all filed cases, cases which are not under active investigation due to certain specific reasons such as pending litigation or unavailability of a subject officer, so that they are not lost or forgotten.

Due to the diligent effort presented by the IAD staff, the IMT’s 13th Status

Report detailed compliance with Task 9. It stated that the IAD has contacted complainants as soon as possible in order to determine the nature, scope and severity of the complaint, as well as to identify potential witnesses and/or evidence as soon as possible.

Also mentioned in the 13th Annual Status Report, the IAD was found in

compliance with Task 11, which states that the IAD provide the member/employees with a brief synopsis of any complaint alleged against them, but not allow the member/employee to read the complaint itself or review citizen or other witness statements prior to the member/employee’s interview. The IAD has in place a well-functioning system for ensuring that members and employees, and their chain of command are notified of allegations of misconduct against the member or employee.

OTHER DATA – AWARDS TO INDIVIDUAL STAFF MEMBERS

During 2009, numerous members received awards exemplifying their hard work in supporting the Internal Affairs Division. The IAD is pleased to illustrate the following:

Lieutenant Christopher Shannon: Good Conduct Bar Presented September 2009

Sergeant Blair Alexander: Medal of Merit Presented December 2009

Sergeant Gregg Dutton: Captain’s Certificate of Commendation Presented December 2009

Sergeant David Elzey: Advanced POST Bar and Outstanding Performance

Evaluation Bar Presented February 2009

Sergeant Jacob Floyd: Advanced POST Bar and Outstanding Performance Evaluation Bar Presented March 2009 & Medal of Merit Presented December 2009

Sergeant John Lois: Outstanding Performance Evaluation Presented July 2009

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Sergeant Jordan Henderson: Good Conduct Bar Presented May 2009

Sergeant Edward Juarez: Good Conduct Bar Presented May 2009

Sergeant Erin Mausz: Good Conduct Bar Presented August 2009

Sergeant James Morris: Good Conduct Bar Presented June 2009

Sergeant Mitchell Powell: Captain’s Certificate of Commendation Presented December 2009

Sergeant Joseph Seale: Good Conduct Bar Presented September 2009

Officer William Bacon: Letter of Appreciation Presented June 2009

Officer Steven Bang: Advanced Post Bar Presented January 2009

Officer Jung Chang: Perfect Attendance Bar Presented February 2009

Officer Robyn Clark: Good Conduct Bar Presented February 2009

Officer Patrick Mahanay: Good Conduct Bar and Outstanding Performance

Evaluation Presented June 2009

Officer Everett Peterson: Good Conduct Bar and Outstanding Performance Evaluation Bar Presented August 2009

Officer Donald Sawyer: Medial of Merit Presented May 2009

Officer Sophal Sem: Outstanding Performance Evaluation Presented September

2009

Officer Curtis Worcester: Outstanding Performance Evaluation Bar Presented November 2009


INTERNAL AFFAIRS DIVISION PRODUCTIVITY PERFORMANCE DATA

In support of Departmental policies and procedures, the work product of the Internal Affairs Division includes, but is not limited to: • Receiving complaints and conducting background research; • Creation of case files and assignment of investigations; • Investigation of complaints; • Coordination and review of Division-level investigations; • Management of legal claims, litigation and Pitchess motion inquiries involving

Departmental personnel; • Data entry of Use of Force Reports • Maintenance of the Use of Force Database • Data entry of Pursuit Reports • Maintenance of the Pursuit Database • Data entry of Case Evaluation Reports • Maintenance of the Case Evaluation Reports Database • Records management and reporting; • 24-hour callout response for certain critical incidents or investigations, • Integrity testing; • Management of the IAD Complaint Hotline; and • Collaboration with the Citizen’s Police Review Board, the Office of the City

Attorney, outside consultants, and the Independent Monitoring Team.

Officer Donald Sawyer Officer Sylvia Rodriguez (Annuitant)

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The following charts and graphs depict additional Division-related output statistics.

Complaints Received 2000-2009

291734

980715 801

14421224 1367

1758

2267

0

500

1000

1500

2000

2500

'00 '01 '02 '03 '04 '05 '06 '07 '08 '09

IAD Cases per Member/EmployeeReceived in 2009

485

221136

91 60 29 20 15 9 7 1 2 1 0 1 0 10

100

200

300

400

500

600

0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16# of IAD Cases

# of

Per

sonn

el

18


Allegations by MOR in 2009

1337, 35%

838, 22%

584, 16%

491, 13%

135, 4%

131, 3%

67, 2%

58, 2% 55, 1% 32, 1%23, 1%

No MOR, Service, Duplicate

Performance of Duty (Class II)

Conduct (Class II)

Use of Force

Retaliation, Interfering,Refusal to Take Complaint orProvide NamePerformance of Duty (Class I)

Preventable Collision

Obedience to Laws &Regulations (Class II)

Truthfulness and FalseReports

Obedience to Laws (Class I)

Supervision and Command

UOF Allegations by Level in 2009

Level 114%

Level 227%

Level 350%

Level 49%

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Findings for Allegations in 2009(As of 31 Jan 10 - 637 allegations open)

1041865

528 468152 60

0200400600800

10001200

AdminClosure -

33%

Unfounded -28%

ICR - 17% Exonerated- 15%

Sustained -5%

NotSustained -

2%

IAD Cases Handled by IAD Compared to Division Level Investigations

1262

1749

496 409

109

0

500

1000

1500

2000

2008 2009

IAD

DLI

2009 cases still inIntake (31 Jan 10)

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OTHER INTERNAL AFFAIRS DIVISION PERFORMANCE DATA

Areas of Concern and IAD Measures to Address these Matters The IAD continues towards achieving sustainable compliance with the Memorandum of Understanding (MOU), improving performance by developing solutions, revising policy and procedures, and presenting training. While areas of concern remain, movement has been continuously in a positive direction.

• Complaint Volume vs. Investigative Quality 2009 showed a 28% increase in the number of complaints compared with the

prior year. The IAD has been unwilling to compromise investigative quality and has found other solutions to deal with the ever increasing volume of cases. In particular, the reorganization of the Division and the creation of two watches of intake officers allowed the IAD to maintain a high level of investigative integrity. As the Department begins 2010 with a new monitoring team for the Memorandum of Understanding (MOU), consideration will given to exploring other avenues to address an overly burdensome caseload other than increasing staffing levels of the Division.

• Integrity Testing Unit Effectiveness

The Integrity Testing Unit (ITU) is responsible for conducting integrity tests, administrative reviews, policy development, compliance checks, internal investigations, and supervising the Pitchess Motion process. The ITU was not funded during the last budget cycle and continues to be staffed by one sergeant. To offset the vast amount of work associated with this assignment, the ITU has called upon other members of the division to assist in select operations.

In September 2009, Task 3 (Integrity Testing) was audited by the Independent Monitoring Team (IMT). The ITU was found in compliance with three of the four areas evaluated during the audit. The ITU believes that full compliance with Task 3 will be attained in 2010. In December 2009, Task 39 (Personnel Arrested, Sued, and/or Served with Administrative Process) was audited by the IMT and found to be in full compliance. The ITU was commended for the effort put forth to achieve compliance with this task.

• Corrective Actions

The IAD evaluated its personnel through bi-monthly meetings, quarterly iPAS reviews, and annual ratings. Corrective action was taken with individuals as necessary, but no trends regarding uses of force, discharging of firearms, personnel complaints, vehicle pursuits, or preventable collisions were identified.

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STATE OF THE UNIT

One of the most critical units in the Oakland Police Department is the Internal Affairs Division. The IAD is dedicated to the preservation of integrity and morale in the Oakland Police Department in support of its core values. The Division continues to provide fair and impartial administrative investigations; while fostering public trust, confidence in law enforcement and ensuring accountability at all levels of the Department. The Division also plays a critical role in gaining compliance with the requirements of the Memorandum of Understanding (MOU). The IAD continues to meet the daily challenges of conducting administrative investigations while endeavoring to achieve compliance with the requirements of the MOU. The IAD is responsible for 21 of 45 MOU tasks: • Task 01: IAD Staffing and Resources • Task 02: Timeliness Standards and Compliance with IAD Investigations • Task 03: IAD Integrity Tests • Task 04: Compliant Control System for IAD • Task 05: Compliant Procedures for IAD • Task 06: Refusal to Accept of Refer Citizen Complaints • Task 07: Methods for Receiving of Citizen Complaints • Task 08: Classifications of Citizen Complaints • Task 09: Contact of Citizen Complainant • Task 11: Summary of Citizen Complaints Provided to OPD Personnel • Task 12: Disclosure of Possible Investigator Bias • Task 13: Documentation of Pitches Responses • Task 14: Investigation of Allegations of Manual of Rules Violations Resulting from

Lawsuits and Legal Claims • Task 15: Reviewing Findings and Disciplinary Recommendations • Task 16: Supporting IAD Process – Supervisor/Managerial Accountability • Task 29: Internal Affairs Division Investigation Priority • Task 31: Officer-Involved Shooting Investigation • Task 33: Misconduct • Task 37: Internal Investigations – Retaliation Against Witnesses • Task 39: Personnel Arrested, Sued and/or Served with Administrative Process • Task 45: Consistency of Discipline Police

These tasks represent 41 percent of the NSA requirements and are further defined in 81 sub-tasks and 111 detailed methodologies under which compliance will be determined. While these numbers provide clarity as to the daunting task of achieving and maintaining compliance, the staff of the IAD remains committed to achieving this goal.

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In 2009, the IAD achieved compliance with 6 tasks and partial compliance with an additional task. The IAD ended the year in compliance with 12 tasks and partial compliance with an additional 5 tasks. In 2010, the IAD will build upon its experiences to overcome challenges and achieve goals including the following:

• Meet MOU goals and achieve compliance with policy mandates; • Complete all investigations in accordance with Government Code 3304(d) and

Departmental deadlines; • Continue to evaluate and update policies and procedures; • Perform quality investigations and reviews in accordance with professional

standards and in a timely manner; • Develop employee potential to encourage and promote individual growth and

development; • Provide an exceptional work environment with motivational incentives for people

to be productive; • Provide excellent customer service; • Maintain ongoing training needs assessments of Internal Affairs Division

personnel; • Research work practices at other agencies to learn and implement smart work

practices that are efficient and increase productivity and quality; • Continue development of the Integrity Unit, tasked with the proactive

investigation of Departmental personnel who may be engaging in criminal or Departmental violations.

• Work to modify the discipline process to bring it more in line with contemporary best police practices and the views of the current Chief of Police.

Lt. Darren Allison

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This Report was prepared by:

Oakland Police Department

Internal Affairs Division

Primary Authors:

Lieutenant Christopher Shannon Ms. Apryl Belland-Smith

Report Contributors:

Acting Captain Sean Whent Sergeant John Lois

Cover:

Ms. Apryl Belland-Smith

January 2010

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oakland police departmentthe opportunity to further refine the iad processes for effectiveness and...

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