OAKLAND POLICE DEPARTMENT

OAKLAND POLICE DEPARTMENT INTERNAL AFFAIRS DIVISION ANNUAL REPORT YEAR 2012 DEDICATED TO HONESTY, INTEGRITY AND FAIRNESS

IAD Management and Annual Report Year 2012 FORWARD The Internal Affairs Division is tasked with monitoring and maintaining the integrity of the Oakland Police Department. Additionally, the Division 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 to provide service to the community. 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. David Downing Captain of Police Internal Affairs Division ii

IAD Management and Annual Report Year 2012 TABLE OF CONTENTS Mission Statement...1 Introduction...2 Role of the Internal Affairs Division...2 Internal Affairs Division Staffing...3 Organizational Structure...3 IAD Organizational Chart...4 IAD Staffing Data...5 Staffing Assignments for 2012...5 Other Staffing Data...5 IAD Staff Members... 6-7 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...9 Personnel (non-ot) and Overtime Expenditures Summary...9 Internal Affairs Division Training Received and/or Provided...9 Significant Internal Affairs Division Accomplishments... 10-11 Other Data Awards to Staff Members...11 Internal Affairs Division Productivity Performance Data...12 List of Charts and Graphs: Complaints Received 2001 2012:...13 Allegations by MOR in 2012:...14 Findings for Allegations 2012...14 IAD Cases Handled by IAD Compared to Division Level Investigations...15 Other Internal Affairs Division Performance Data...16 Areas of Concern and Measures to Address these Matters...16 Complaint Volume vs. Investigative Quality...16 Corrective Actions...16 State of the Unit...17 Internal Affairs Division Plans and Goals for Year 2013...18 iii

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. 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. 1

INTRODUCTION During 2012, 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 deficiencies within our organization. The men and women of the Division 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 2012 as the staff worked diligently to ease the burden on other divisions. Officers continued to work flexible hours (0600-1800 hours) which allowed coverage for the IAD s business hours (0800-1700 hours). 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 year 2013 and the opportunity to further refine the IAD processes for effectiveness and efficiency. This Annual Report covers the period of January 1, 2012, through December 31, 2012, and summarizes performance data, accomplishments, and challenges for the IAD over the past year. The Report s contents and production are mandated by the Departmental General Order A-7, Annual Management and Departmental Report. 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 from sworn members and certain critical incidents involving death and serious injury. IAD investigations identify policy violations, training needs, equipment failures, and recommendations for policy revisions. 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). 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 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 all complaints. The IAD Complaint Database, feeds vital information into the Internal Personnel Assessment System (i-pas) used by supervisors to evaluate their subordinates and identify areas for recognition or intervention. 2

INTERNAL AFFAIRS DIVISION STAFFING Organizational Structure The IAD continued to progress in 2012 and reorganized to reflect the additional experience and expertise of the personnel working in the Division. The IAD s responsibilities are divided among the Administration Section, Investigations Section, Integrity Testing Unit, Division Level Unit and Force Investigations Section as depicted on the next page. 3

1 Captain 3 Lieutenants 1 Manager 16 Sergeants 11 Officers 5 Annuitants 3 Police Records Specialists 39 Total Internal Affairs Personnel Internal Affairs Division Organizational Chart for Year 2012 Internal Affairs Division Capt. Downing 1 Captain DLI Compliance Unit Sgt. Backman 1 Sergeant Investigative Section A/Lt. Lois 1 Lieutenant 9 Sergeants Administration Section Lt. Outlaw 1 Lieutenant Integrity /Pitchess Unit Sgt. Frugoli Sgt. Royal Force Investigation Section Lt. Shannon 2 Sergeants 1 Lieutenant 2 Officers 1 Sergeant Intake A Unit Sgt. Van Sloten 1 Sergeant 5 Officers 1 Annuitant Intake B Unit Sgt. Small 1 Sergeant 4 Officers 2 Annuitants Admin. Unit Mgr. Dewitt 1 Mgr. 3 PRS 4

Internal Affairs Division Staffing Data The number of IAD s staff fluctuated in 2012 and ended with a total of 41 filled positions compared to 36 in 2011. This increase in staffing was necessary to handle the increase in the number of complaints received as a result of the Occupy Oakland movement. Even with the increase in staff, it was a challenge to uphold the quality of work reflected in prior years; but it was achieved. While the IAD s staffing exceeded its authorized strength, the workload of the IAD continued to justify the additional personnel. As mentioned earlier, the workload of the IAD increased during calendar year 2012. The IAD received 1437 internal investigations in 2011 and 2589 in 2012, a forty-five percent (45%) increase. INTERNAL AFFAIRS DIVISION STAFFING ASSIGNMENTS FOR YEAR 2012 CLASSIFICATION AUTHORIZED FILLED LOANED VACANT Captain of Police 1 1 0 0 Lieutenant of Police 3 3 0 0 16 16 3 0 Police Officers 11 15 4 0 Performance Audit Manager 1 1 0 0 Administrative Analyst II 1 0 0 0 Police Records Specialist 3 3 0 0 Administrative Assistant II 1 1 0 0 Annuitants 5 5 0 0 Totals 42 45 7 0 Other Staffing Data In 2012, the City of Oakland continued to deal with a budget deficit and again enacted several steps to deal with the budget crisis continuing to impose mandatory shut down days and layoffs. Despite these challenges, the IAD was able to maintain compliance with all of the tasks they had previously complied with as mandated by the Negotiated Settlement Agreement. Additionally, we were able to 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. 5

IAD STAFF MEMBERS Command Staff David Downing Captain of Police, Division Commander Paul Figueroa Captain of Police, Division Commander** Danielle Outlaw Lieutenant of Police, Administrative Section Freddie Hamilton Lieutenant of Police, Administrative Section** Eric Lewis Lieutenant of Police, Administrative Section* (**) David Elzey Lieutenant of Police, Investigative Section** John Lois Acting Lieutenant of Police, Investigative Section Administration Section Jeffery Van Sloten Tyman Small Robyn Clark Jimmy Ngo Danielle Chavarria My Nguyen Aaron Smith Robert Messier Guadalupe Chacon Ann Pierce Jose Perez-Negron Melissa Geraci Jamin Creed Michael Land Gino DeNardi Patricia Melara * Police Officer Police Officer Police Officer Police Officer Police Officer Police Officer Police Officer** Police Officer** Police Officer Police Officer Police Officer Police Officer** Annuitant Annuitant Support Unit Sylvia Dewitt Performance Audit Manager Laurie Allanson Police Records Specialist Apryl Belland-Smith Administrative Analyst II (*)** Meeke Hoang Police Records Specialist** Art Sandoval Police Records Specialist Kathryn Givens Administrative Assistant I** Aki James Police Records Specialist** Integrity Unit James Frugoli Dan Royal Felicia Aisthorpe Taiwo Pena-Hornong Keith Samuel Police Officer** Police Officer Police Officer 6

Division Level Unit Raymond Backman Jack Doolittle Jay Crawford Glen Rodriguez Annuitant** Annuitant Investigations Section Henderson Jordan Gregg Dutton Walker Bardsley Mark Rowley Jimmy Wong Jack Peterson Mark Rhoden Sophal Sem Robert Supriano Alan Yu Wilson Lau Daniel Ming Holly Joshi Jeffery Thomason Leroy Johnson Timothy Shaver William Bacon Steve Paich Sylvia Rodriguez ** ** * * ** ** ** *** ** ** Annuitant * Promoted during the year **Transferred out of IAD during the year ***Retired from the Division/Department during the year 7

INTERNAL AFFAIRS DIVISION FISCAL MANAGEMENT REPORTS This Annual Report covers the calendar year of 2012. The Fiscal Management Report herein reflects the City s preceding fiscal year (FY 2012). For the purpose of this report, the fiscal period covered is FY July 1, 2011 to June 30, 2012. As a result, the budget numbers below reflect activity from a fiscal and not calendar-year period. The tables show that the IAD was within budget in the categories of Operations & Maintenance, Grants, and Overtime. However, in the category of Personnel, the Division exceeded its budget by over $56,818.16. The ever increasing number of cases in IAD requirement to investigate each of them necessitated the transfer of several members into the IAD. 8

Summary of Budget Appropriations and Expenditures for FY 11-12 CATEGORY SUMMARIES FY 11/12 BUDGET APPROPRIATION ENCUMBRANCE FY 11/12 ACTUAL EXPENDITURES DIFFERENCE O&M 93,628.36 0 87,762.73 5,901.73 Grants 0 0 0 0 Personnel 6,184,639.00 0 6,213,740.01 (29,102.01) Overtime 248,430.00 0 276,146.15 (27,716.15) Totals 6,526,697.36 0 6,577,648.89 (55,751.51 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 2012. The following is a list of training related to Internal Affairs: IAD Training Received 2012 Course Name # of Hours # of Students Total Hours Sergeants IAD Investigations 2 9 18.0 OIS and lethal Force Investigation 8 2 16.0 Division Level Investigations 3 1 3.0 Internal Affairs Investigation 24 3 72.0 Investigative Course 16 2 32.0 Total 53 17 141.0 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. 9

SIGNIFICANT INTERNAL AFFAIRS DIVISION ACCOMPLISHMENTS In 2012, the staff of the IAD successfully identified and overcame numerous challenges, many of which are identified below: The Internal Affairs Division Integrity Testing Unit (IADITU) is responsible for conducting integrity tests, administrative reviews, policy development, compliance checks, internal investigations, and supervising the Pitchess Motion process. The IADITU maintained compliance with Task 3 of the Memorandum of Understanding. This is a significant step forward, because this program actively seeks to ensure integrity throughout the Department. The IADITU achieved full compliance in the Sixth Quarterly Report of the Independent Monitor and has been able to maintain full compliance for 6 consecutive quarters. The Division Level Unit is staffed by a who is responsible for tracking and reviewing all internal investigations completed by investigators not assigned to the IAD. The unit reviewed 670 investigations during 2012, an increase of thirty-eight percent (38%). Approximately 100, or fifteen percent (15%) of these investigations required the completion of additional investigative steps or editing prior to their final approval by the IAD Commander or Chief of Police. The overall quality of the investigations continued to improve throughout the year, most notably in the area of Credibility Assessments. The required timelines for completion and approval of investigations were consistently met, and on the few occasions where timelines were exceeded, there was ample justification for the delays (i.e. complexity of investigation, availability of witnesses, etc.). The IAD Intake Unit has maintained compliance with Task 4.10, thus demonstrating the proper level of preliminary investigation for each complaint has taken place and that it does not resolve complaints of misconduct without first determiningdocumenting-whether the OPD member or employee committed misconduct. The IAD Performance Audit and Administrative Support Section continues to maintain compliance with the NSA Task 45.1 which requires IAD to maintain a centralized system for documenting and tracking all forms of discipline and corrective action, whether imposed centrally or at the Division level. The IAD Intake Unit processed 1233 complaints related to Occupy Oakland. Flexible intake hours work very well for the Intake Unit. Certain complaints 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. The Use of Force database was transferred to the Bureau of Field Operations and the Pursuit database was transferred to the Training Division. 10

The Administrative Support Unit worked tirelessly at maintaining high quality and professional work product. The staff prepared Skelly documents for approximately 65 cases for review by a Skelly hearing officer. It prepared, distributed and tracked over 1860 investigative files for division level and internal investigations, processed over hundreds of requests for information from the OCA, IMT, CPRB, the Department and other units within the IAD, and sent thousands of letters informing the complainants of Oakland of the outcome of their complaints. The IAD remained in complete compliance with Task 45. 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 2012, numerous members received awards exemplifying their hard work in supporting the Internal Affairs Division and the Department. The IAD is pleased to illustrate the following: Lieutenant Freddie Hamilton: Letter of Appreciation Cited by an Outside Agency, Presented April 2012 Sergeant Leroy Johnson: Good Conduct Bar, Presented May 2012 Sergeant Holly Joshi: Outstanding Performance Evaluation Bar, Presented May 2012 a Good Conduct Bar, Presented May 2012 Sergeant Daniel Ming: Awards Recognition Cited by a Citizen of Oakland, Presented on May 2012 Sergeant Steven Paich: Outstanding Performance Evaluation Bar, Presented August 2012 Sergeant Sophal Sem: Letter of Appreciation Cited by an Outside Agency, Presented 02 Oct 12 Sergeant Jeffrey Thomason: Good Conduct Bar, Presented October 2012 an Advanced POST Bar, Presented October 2012 Sergeant Alan Yu: Advanced POST Bar, Presented November 2012 a Good Conduct Bar, Presented November 2012 11

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 * Records management and reporting 24-hour callout response for certain critical incidents or investigations Integrity testing Management of the IAD Complaint Hotline Collaboration with the Citizen s Police Review Board, the Office of the City Attorney, outside consultants, and the Independent Monitoring Team * Activities which took place a portion of the calendar year; the database was successfully transferred to another division in 2012. 12

The following charts and graphs depict additional Division-related output statistics. Complaints Received 2001-2012 3000 2500 2000 1500 1000 500 0 2589 2267 1758 1748 1442 1224 1367 1447 980 734 715 801 '01 '02 '03 '04 '05 '06 '07 '08 '09 '10 '11 '12 13

Allegations by MOR in 2012 No MOR, Service, Duplicate 49, 1% 43, 1% 29, 1% 52, 1% 39, 1% 89, 2% 144, 3% Performance of Duty (Class II) Conduct (Class II) Use of Force 490, 12% 1457, 35% Retaliation, Interfering, Refusal to Take Complaint or Provide Name Performance of Duty (Class I) Preventable Collision 562, 14% Obedience to Laws & Regulations (Class II) Truthfulness and False Reports Obedience to Laws (Class I) 1198, 29% Supervision and Command Findings for Allegations in 2012 (As of 31 Jan 10-637 allegations open) 1400 1200 1000 800 600 400 200 0 1219 Admin Closure - 33% 865 Unfounded - 28% 301 ICR - 17% 765 Exonerated - 15% 278 Sustained - 5% 620 Not Sustained - 2% 14

IAD Cases Handled by IAD Compared to Division Level Investigations 1400 1200 1000 800 600 400 200 0 1199 977 670 720 416 2011 2012 IAD DLI 2012 cases still in Intake (31 Jan 12) 15

OTHER INTERNAL AFFAIRS DIVISION PERFORMANCE DATA Areas of Concern and IAD Measures to Address these Matters The IAD continues to improve performance by developing solutions, revising policy and procedures, and presenting training. While areas of concern remain, movement continues in a positive direction. Complaint Volume vs. Investigative Quality 2012 showed a forty-four percent (44%) increase in the number of complaints compared with the prior year. The IAD has been unwilling to compromise investigative quality. Steps are continually being taken to streamline processes to increase efficiency. Corrective Actions o Reducing the case load in Intake o Increasing investigative sufficiency for all investigated cases o Developing everyone s administrative, investigative and leadership skill base o Provide additional outside training o Achieving and maintain compliance on all NSA tasks 16

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 51 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: Reporting 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. 17

In 2012, the IAD maintained compliance with 20 of the 21 tasks they are responsible for and is in partial compliance with the remaining task. INTERNAL AFFAIRS DIVISION PLANS AND GOALS FOR 2013 In 2013, 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. 18

This Report was prepared by: Oakland Police Department Internal Affairs Division Primary Authors: Sylvia dewitt Veronica Jones Apryl Belland-Smith Report Contributors: Captain David Downing Lieutenant Danielle Outlaw January 2013 19