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OAKLAND POLICE DEPARTMENT

INTERNAL AFFAIRS DIVISION

ANNUAL REPORT – YEAR 2010

DEDICATED TO HONESTY, INTEGRITY AND FAIRNESS

IAD Management and Annual Report – Year 2010

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FOREWORD

The Internal Affairs Division is tasked with monitoring and maintaining the integrity of the Oakland Police Department. Additionally, the Division tracks and stores Use of Force Reports, Case Evaluation Reports, provides training Department wide, and other administrative support. 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 cares about a citizen’s concerns; or simply an opportunity to empathize with a person who has had a negative encounter involving the Department. When we discover misconduct, we take actions to prevent future misconduct. The corrective action ranges from formal discipline commensurate with the misconduct and/or training. These are situations to stand for the principles found in the Law Enforcement Code of Ethics and the Department’s Core Values. 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. This Division also serves the members and employees, by conducting fair and thorough investigations in an ethical manner. This also protects their credibility and professionalism when their actions comport with professional and ethical standards. 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. The staff at the Internal Affair Division has been given an opportunity to make a positive difference within the Department and the Oakland Community. Additionally, assignment to the Internal Affairs Division means the Chief has placed great faith in our integrity and unwavering dedication to ethical principles. We endeavor to meet the high standards and honorably serve the Department. Paul Figueroa Captain of Police Internal Affairs Division

IAD Management and Annual Report – Year 2010

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TABLE OF CONTENTS

Mission Statement............................................................................................................................1 Introduction......................................................................................................................................2 Role of the Internal Affairs Division ...............................................................................................3 Internal Affairs Division Staffing ....................................................................................................4 Organizational Structure .............................................................................................................4 IAD Organizational Chart...........................................................................................................4 IAD Staffing Data .......................................................................................................................4 Staffing Assignments for 2010 ...................................................................................................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....................................................11 Internal Affairs Division Training Received and/or Provided ................................................ 12-13 Significant Internal Affairs Division Accomplishments.......................................................... 13-14 Other Data – Awards to Staff Members ............................................................................ 14-15 Internal Affairs Division Productivity Performance Data ....................................................... 15-16 List of Charts and Graphs: Complaints Received 2001 – 2010: ...............................................................................................17 Allegations by MOR in 2010:........................................................................................................17 UOF Allegations by Level in 2010:...............................................................................................18 Findings for Allegations 2010 .......................................................................................................18 IAD Cases Handled by IAD Compared to Division Level Investigations ....................................19 Other Internal Affairs Division Performance Data........................................................................20 State of the Unit .............................................................................................................................21 Internal Affairs Division Plans and Goals for Year 2010.........................................................22

Internal Affairs Division Management and Annual Report – Year 2010

MISSION STATEMENT

The Internal Affairs Division of the Oakland Police Department is committed to protecting and defending the constitutional rights of all community members, as well as the integrity of the Department and individual members/employees. It is our mission to provide 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. 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.

Internal Affairs Division Staff

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INTRODUCTION

During 2010, 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 administrative investigations. The men and women of the Division worked tirelessly in their effort to consistently provide the Department personnel and the community a means of investigating, uncovering, and resolving issues of concern. The IAD took on new challenges in 2010 as the staff worked diligently to ease the burden on other divisions. Officers continued to work flexible hours allowing the IAD’s business hours to include 0600-1800. The IAD continued 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 2011 and the opportunity to further refine the IAD processes for effectiveness and efficiency. This Annual Report covers the period of January 1, 2010, through December 31, 2010, and summarizes performance data, accomplishments, and challenges for the IAD over the past year. The Report’s contents and production are outlined in Departmental General Order A-7, Annual Management and Departmental Report.

Captain Paul Figueroa and Officer Johnna Watson

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ROLE OF THE INTERNAL AFFAIRS DIVISION

The primary function of the Internal Affairs Division 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. The 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. 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) and the Office of the City Attorney (OCA) in providing pertinent information pertaining to civil suits. The IAD is designated as the custodian of records for Use of Force Reports, Pursuit Reports, and Case Evaluation Reports. As the keeper of records, the IAD performs additional essential duties, which 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.

Performance Audit and Administrative Support Unit

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Internal Affairs Division Staffing

Organizational Structure The IAD continued to progress in 2010 and reorganized to reflect the additional experience and expertise of the personnel working in the Division. The Performance Audit and Administrative Support Units were merged to streamline operations and increase efficiency. The IAD’s responsibilities are divided among the Administration Section, Investigations Section, Integrity Testing Unit, and Division Level Unit as depicted below.

Internal Affairs Division Organizational Chart for Year 2010

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

Performance Audit and

Administrative Support Unit

Manager

Internal Affairs Division Staffing Data The Internal Affairs Division’s staffing decreased in 2010 to a total of 35 filled positions compared to 39 filled in 2009. Fortunately, the investigations and number of reports also decreased. Additionally, the City of Oakland enacted measures to deal with the budget crises, such as hiring freeze, mandatory shut down days, and layoffs. Even so, the IAD continued to uphold the quality reflected in the prior years. The Administrative Support Unit functioned without an Administrative Analyst II but gained the support of a Manager.


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A summary of staffing in the IAD is summarized in Table 1 below:

Table 1

INTERNAL AFFAIRS DIVISION STAFFING ASSIGNMENTS FOR YEAR 2010

CLASSIFICATION

AUTHORIZED

FILLED

LOANED

VACANT

Captain of Police

1

1

0

0

Lieutenant of Police

2

2

0

0

Sergeant of Police

9

13

3

1

Police Officers

10

14

4

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

35

7

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• The IAD handled 2267 internal investigations in 2009. There were 1748 in 2010, a twenty eight percent (28%) decrease.

• The IAD processed and entered 241 Pursuit Reports into a database in 2009. There were 201 in 2010, a seventeen percent (17%) decrease. The Pursuit database has moved to the Training Division but we are still entering Pursuit information through a link to the Training Division until official word is received that Training will enter the information.

• The IAD processed and entered 2200 Use of Force Reports into a database in 2009. There were 1760 in 2010, a decrease of twenty percent (20%).

• The IAD processed and entered 3801 Case Evaluations Reports into a database in 2009. There were 2059 entered in 2010, a forty-five percent (45 %) decrease.

Other Staffing Data In 2010, the City of Oakland continued to deal with a budget deficit and again enacted several steps to deal with the budget crisis including a hiring freeze which began in 2010, continuing to impose mandatory shut down days and layoffs. Despite these challenges, the IAD was able to meet policy requirements, and resolve IAD cases 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

Paul J. Figueroa Captain of Police, Division Commander Sean Whent Lieutenant of Police, Acting as Division Commander ** Christopher Shannon Lieutenant of Police, Administrative Section ** Danielle Outlaw Lieutenant of Police, Administrative Section Darren Allison Captain of Police, Investigative Section* Donna Hoppenhauer Lieutenant of Police, Investigative Section Administration Section

Eric Lewis Sergeant of Police John Encinias Sergeant of Police Jake Floyd Sergeant of Police *** Curtis Worcester Police Office Robyn Clark Police Officer Everett Peterson Police Officer Keith Samuel Police Officer Donald Sawyer Police Officer Danielle Chavarria Police Officer Doria Neff Police Officer ** Patrick Mahanay Police Officer ** Robert Moore Police Officer ** Taiwo Pena-Hornung Police Officer ** Robert Supriano Police Officer Jonathan Vanerwegan Police Officer ** Johnna Watson Police Officer Sarah Whitmeyer Police Officer ** Abdullah Dadgar Police Officer ** Brian Simon Police Officer Guadalupe Chacon Police Officer Ann Pierce Police Officer Tyman Small Police Officer

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PRS Meeke Hoang & AAI Yolanda Young PRS Arturo Sandoval Performance Audit and Administrative Support Unit

Sylvia Dewitt Performance Audit Manager Sylvia Rodriguez Police Officer (Annuitant) Apryl Belland-Smith Acting Administrative Analyst/Police Records Specialist Kiona Suttle Police Records Specialist ** Meeke Hoang Police Records Specialist Art Sandoval Police Records Specialist Yolanda Young Administrative Assistant I LaKeith Dillahunty Cadet ** Integrity Unit

John Lois Sergeant of Police Felicia Aisthorpe Police Officer Sophal Sem Police Officer Division Level Unit

Raymond Backman Sergeant of Police Chris Bolton Sergeant of Police ** Michael Yoell Lieutenant of Police (Annuitant) Investigations Section

William Bodin Sergeant of Police Ed Juarez Sergeant of Police ** Mitchell Powell Sergeant of Police *** Joseph Seale Sergeant of Police ** Henderson Jordan Sergeant of Police James Morris Sergeant of Police Blair Alexander Sergeant of Police ** Gregg Dutton Sergeant of Police Steven Nowak Police Officer ** Erin Mausz Sergeant of Police **

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Investigations Section (Con’t)

Wendy Chan Sergeant of Police Diane Jim Sergeant of Police Walker Bardsley Sergeant of Police Mark Rowley Sergeant of Police Daniel Royal Sergeant of Police Jimmy Wong 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 2010. The Fiscal Management Report herein reflects the City’s preceding fiscal year (FY 2009). For the purpose of this report, the fiscal period covered is FY ‘09 – ‘10 (July 1, 2009 to June 30, 2010). As a result, the budget numbers below reflect activity for a fiscal and not calendar-year period. The tables show that the IAD was close to meeting its budget in the categories of Operations & Maintenance, Grants, and Overtime. However, in the category of Personnel, the Division exceeded its budget by approximately $1.1 million. The number of cases investigated by the IAD 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 Robert Moore and Taiwo Pena Hornung

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Summary of Budget Appropriations and Expenditures for FY 09-10

CATEGORY SUMMARIES

FY 091/10 BUDGET

APPROPRIATION ENCUMBRANCE

FY 09/10 ACTUAL

EXPENDITURES DIFFERENCE O&M 95,249.78 11,694.36 91,708.42 (8,153.00)

Personnel 5,962,081.04 0.00 7,053,174,51 (1,091,093.47)Overtime 200,673.00 0 344,374.57 (143,701.57)

Totals 6,258,003.82 11,694.36 7,489,257.50 (-1,242,948.04)

Table 2

Fiscal Management of O & M and Grants Budget Appropriations and Expenditures for FY 09-10

OPERATIONS & MAINTENANCE

FY 09/10 BUDGET


FY 09/10 ACTUAL

EXPENDITURES DIFFERENCEFund 1010 52211 Stationery and Office 28,094.90 5,308.50 22,786.40 0.00 52212 Minor Furniture 4,749.34 0.00 4,749.34 0.00 52213 Minor Computer Hardware 11,867.55 1.71 11,865.84 0.00 52311 Maintenance Supplies 417.60 0.00 417.60 0.00 53116 Supplies: Telephone 606.79 0.00 606.79 0.00 53115 Garbage and Disposal 214.60 0.00 214.60 0.0052919 Supplies: Miscellaneous 52.10 0.00 52.10 0.00 53116 Telephone 1,992.03 0.00 1,992.03 0.00 53719 Miscellaneous Services 5,862.50 0.00 5,862.50 0.00 54516 Investigative Services 18,114.56 0.00 18,114.56 0.0054620 Maintenance and Security 402.00 0.00 402.00 0.00 54919 Services: Miscellaneous 16,058.57 6,384.15 9,674.42 0.00 55114 Per Diem and Lodging 33.24 0.00 33.24 0.00 55212 Registration and Tuition 1,828.00 0.00 1,828.00 0.00 54612 Service Contracts for Mac 4,956.00 0.00 4.956.00 0.0051915 Severance and Settlement 0.00 0.00 8,153.00 (8,153.00)

Totals 95,249.78 11,694.36 91,708.42 (8,153.00)


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Table 3

Fiscal Management of Personnel (non-OT) and Overtime Budget Appropriations and Expenditures for FY 09-10

PERSONNEL

FY 09/10 BUDGET


FY 09/10 ACTUAL

EXPENDITURES DIFFERENCE Fund 1010

51111 Civilian: Regular 237,860.00 0.00 266,213.00 (28,353.00)51112 Sworn: Regular 2,575,900.00 0.00 2,877,406.29 (301,506.29)

51122 Temporary: Regular Part Time 0.00 0.00 81,879.60 (81,879.60)

51133 Civilian: Administrative 0.00 0.00 4,868.76 (4,868.76)

51134 Sworn: Administrative Leave 0.00 0.00 57,330.69 (57,330.69)

51411 Shift Pay 13,710.00 0.00 54,156.74 (40,446.74) 51412 Acting Pay 0.00 0.00 2,178.85 (2,178.85)51413 Standby Pay 0.00 0.00 11,178.50 (11,178.50)51414 Sworn: Education 179,040.00 0.00 161,805.95 17,234.0551415 Sworn: Training 283.04 0.00 1,415.20 (1,132.16)51418 Sworn: Longevity 0.00 0.00 51,000.00 (51,000.00) 51428 Premium: Bilingual 2,000.00 0.00 4,340.00 (2,340.00)

51429 Premium: Notary Public Pay 680.00 0.00 0.00 680.00

51511 Civilian: Paid Leave Char 62,430.00 0.00 57,072.69 5,357.31

51512 Sworn: Paid Leave Charge 766,870.00 0.00 498,666.63 268,203.37

51611 Civilian: Retirement Accrual 58,820.00 0.00 65,128.73 (6,308.73)

51612 Sworn: Retirement Accrual 1,245,530.00 0.00 1,413,973.18 (168,443.18)

51613 Civilian: Fringe Benefits 118,230.00 0.00 131,218.30 (12,988.30)

51614 Sworn: Fringe Benefits Accrual 1,124,730.00 0.00 1,185,135.09 (60,405.09)

51627 Retirement Contributions 0.00 0.00 3,182.76 (3,182.76)

51911 Adjustments: Miscellaneous (212,982.00) 0.00 7,409.88 (220,391.88)

51912 Adjustments: Miscellaneous (211,020.00) 0.00 0.00 (211,020.00)

Fund 1250

61122 Civilian: Vacation Leave 0.00 0.00 (21,183.81) 21,183.81

61123 Civilian: Sick Leave Recovery 0.00 0.00 (13,532.11) 13,532.11

61124 Compensatory Time Recovery 0.00 0.00

(93,206.73) 93,206.73

61125 Other Paid Leaves Recovery 0.00 0.00 (284,754.16) 284,754.16

61132 Sworn: Vacation Leave 0.00 0.00 (193,254.49) 193,254.49


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Recovery

61133 Sworn: Sick Leave Recovery 0.00 0.00 (41,417.80) 41,417.80

61222 Civilian & Sworn: Vacation 0.00 0.00 299,365.82 (299,365.82)

61223 Civilian & Sworn: Sick Leave 0.00 0.00 134,078.10 (134,078.10)

61224 Civilian & Sworn: Compensation 0.00 0.00 154,291.58 (154,291.58)

61225 Civilian & Sworn: Other 0.00 0.00 173,737.92 (173,737.92)Fund 1300

62132 Recovery: Uniform Allowance 0.00 0.00 (8,487.65) 8,487.65

Fund 8000

57911 Depreciation 0.00 0.00 11,977.00 (11,977.00) Totals 5,962,081.04 0.00 7,053,174,51 (1,091,093.47)

OVERTIME

FY 09/10 BUDGET


FY 09/10 ACTUAL

EXPENDITURES DIFFERENCE Fund 1010

51211 Civilian: Holiday Overtime 5,040.00 0.00 0.00 5,040.00

51212 Civilian: Other Overtime 1,960.00 0.00 30,925.18 (28,965.18)

51213 Sworn: Holiday Overtime 24,940.00 0.00 652.95 24,287.05

51214 Sworn: Overtime 159,363.00 0.00 219,154.56 (59,791.56)

51216 Overtime: FLSA Premium 0.00 0.00 652.64 (652.64)

51222 Sworn: Court Overtime 0.00 0.00 3,191.56 (3,191.56)

51223 Sworn: Deferred Overtime 0.00 0.00 1,496.39 (1,496.39)

51225 Sworn: Comp Time Earned 0.00 0.00 69,123.07 (69,123.07)

51231 Civilian: Comp Time Earned 0.00 0.00 390.45 (390.45)

51232 Sworn: Comp Time Earned 0.00 0.00 713.28 (713.28)

51242 Comp Day Award: Rep PP1 9,370.00 0.00 12,944.74 (3,574.74)

51312 Allowance: Meal 0.00 0.00 5,129.75 5,129.75 Totals 200,673.00 0.00 344,374.57 (143,701.57)


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 2010. 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

IAD Update Credibility Assessment 2 22 44 IAD CAO Case Feedback City Administrator 2 42 84 Internal Affairs Investigation 24 4 96 IAD General Operating Procedures 2 43 86 IAD Pitches Motion Process 0.5 7 3.5 IAD Investigation Process 0.5 6 3 IAD Policy and Procedures 0.5 3 1.5 IAD Office Security 0.5 7 3.5 IAD Memo Recording Contacts and Interactions 2 41 82 IAD Intake Manuel 0.5 1 0.5 IAD Call Out Procedure 0.5 1 0.5 IAD Integrity Testing 0.5 1 0.5 IAD CA Drivers License Verification 0.5 1 0.5 IAD Skelly Process 0.5 1 0.5

Total 406

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 2010, the staff of the IAD successfully identified and overcame numerous challenges, many of which are identified below:

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

• Submitted a revised M-3 after significant changes.

• Achieved additional compliance with the NSA/MOU, specifically Tasks 6, 7, 13, 16 and 37.

• Revised the discipline policy and entrusted the chain of command with the responsibility to ensure fair and consistent discipline

• Overall, complaints dropped significantly

• Expanded the capabilities of the ITU unit.

• Established flexible intake hours which include 0600-1600 and 0800-1800 hours and certain complaints are continue to be handled directly from the Communications Division, Police Administration Building, and Eastmont Station.

• 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.

• Continued to modify and improve 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.

• IAD intake officers and investigators resolved more cases without sending them

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out as Division Level Investigations (DLI). In 2010, there were 390 DLI’s out of 1748 This is an average of 32 cases per month (22% of all cases). In 2009, there were 409 DLI’s out of 2267 cases, an average of 34 cases per month (18% of all cases).

• The Intake Unit completed the intake of over 89% of Class I cases and 90% of Class II 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 prepared and presented reports to the City Council regarding the IAD and complaints received by the IAD.

• 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 seven Level 1 use of force incidents, forty three (43) collisions.

• 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 approximately 30 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 1776 use of force reports, and mailed approximately 1,748 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 continued to be in compliance with Task 45.5 which is being actively monitored. This task requires that discipline be imposed in a manner that is fair and consistent with the Discipline Matrix.

OTHER DATA – AWARDS TO INDIVIDUAL STAFF MEMBERS

During 2010, numerous members received awards exemplifying their hard work in supporting the Internal Affairs Division. The IAD is pleased to illustrate the following:

Lieutenant Sean Whent: Good Conduct Bar Presented November 2010, and Outstanding Performance Evaluation Bar, Presented November 2010

Lieutenant Blair Alexander: Good Conduct Bar, Presented January 2010

Sergeant Raymond Backman: Perfect Driving Bar, Presented January 2010

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Sergeant William Bodin: Good Conduct Bar, Presented January 2010

Sergeant Mark Rowley: Good Conduct Bar, Presented September 2010, and Perfect

Driving Bar, Presented September 2010

Officer Felicia Aisthorpe: Good Conduct Bar Presented January 2010, Advanced POST Bar, Presented January 2010, and Outstanding Performance Evaluation Bar Presented January 2010

Officer Danelia Chavarria: Good Conduct Bar, Presented March 2010

Officer Abdullah Dadgar: Good Conduct Bar, Presented March 2010

Officer Robert Moore: Tactical Operations Team Bar, Presented June 2010 and

Advanced POST Bar, Presented June 2010

Officer Steven Nowak: Good Conduct Bar, Presented July 2010

Officer Everett Peterson: Advanced POST Bar, Presented August 2010

Officer Sophal Sem: Good Conduct Bar, Presented September 2010

Officer Keith Samuel: Good Conduct Bar. Presented September 2010 and Perfect Driving Bar, Presented September 2010

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; 15


• 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.

IAD Staff

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

Complaints Received 2001-2010

734980

715 801

14421224 1367

1758

2267

1748

0

500

1000

1500

2000

2500

'01 '02 '03 '04 '05 '06 '07 '08 '09 '10

Allegations by MOR in 2010

1072, 37%

716, 25%

432, 14%

415, 14%

162, 5%

42, 1%

42, 1%

41, 1% 27, 1% 44, 1%9, 0%

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

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UOF Allegations by Level in 2010

Level 14%

Level 224%

Level 330%

Level 442%

Findings for Allegations in 2010

1041

659418

230 116 1220

200400600800

10001200

AdminClosure(33%)

Unfounded(28%)

ICR (17%) Exonerated(15%)

Sustained(5%)

NotSustained

( 2%)

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IAD Cases Handled by IAD Compared to Division Level Investigations

1749

1243

409 390

115

0

500

1000

1500

2000

2009 2010

IAD

DLI

2010 cases still inintake (31 Jan 11)

IAD Intake Unit

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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 2010 showed a 19% decrease 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 continues with the new monitoring team for the Memorandum of Understanding (MOU), consideration will given to exploring other avenues to address an overly burdensome caseload steps are being taken to streamline processes to increase efficiency.

• Integrity Testing Unit Effectiveness

The Integrity Testing Unit (ITU) published Internal Affairs Policy & Procedures 07-01, Integrity Testing, which incorporates the requirements of this Task, on 25 Jan 07. On 24 Dec 10, the ITU published M-3.3 (Integrity Testing), which established Departmental policy and procedures for organizational units outside of the Internal Affairs Division conducting integrity tests.

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 has been historically staffed by one sergeant and one officer. However, in order to offset the vast amount of work associated with this assignment, one additional Sergeant and one officer was added to the unit.

The Integrity Testing Unit is currently in partial compliance with Task 3 of the negotiated settlement agreement and is working diligently to obtain full compliance. Task 39 (Personnel Arrested, Sued, and/or Served with Administrative Process) has been in full compliance since December 2009.

• Corrective Actions The IAD evaluated its personnel through weekly and 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

The IAD is dedicated to the preservation of integrity and morale in the Oakland Police Department in support of it’s 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 the following: • 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 2010, the IAD was in full compliance with 10 tasks and in partial compliance with 7 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.


This Report was prepared by:

Oakland Police Department

Internal Affairs Division

Primary Authors:

Sylvia deWitt Ms. Apryl Belland-Smith

Report Contributors:

Captain Paul Figueroa

Cover:

Ms. Apryl Belland-Smith

January 2011

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