Police Department Policy

OAKLAND_D-22_Personal_Relationship_Disclosure_Po_3322990

Oakland PD

Policy Text
DEPARTMENTAL GENERAL ORDER D-22: Personal Relationship Disclosure Policy Effective Date: 30 Nov 23 Coordinator: OPD Huma n Resources Division Page 1 of 9 COMMAND INTENT This policy is designed to identify and mitigat e actual and perceived conflicts of interest inherent in personal rela tionships between members.1 The policy does so by requiring disclosure of certain persona l relationships between memb ers and providing guidance in the event actual or perceived conflicts of inte rest arise. These protections are intended to ensure an individual member cannot unfairly benefit, gain an advantage, or suffer a disadvantage, as compared to another, strictly due to a pe rsonal relationship. A. DEFINITIONS A - 1. Cohabitant Relationship Any relationship where a member shares a residence with another member. includes non-romantic roommates. A - 2. Consensual Romantic Relationship Any consensual sexual or romantic relationship with another member. A - 3. Cronyism Participating in any employment deci sion that may contain an actual or perceived conflict of inte rest, such as one involvi ng a close friend, business partner or professional, political, or commercial relationship, that would lead to preferential treatment or compro mise the appearance of fairness. A - 4. Outside Business Relationship Members who, in addition to serving as a member of the Oakland Police Department, are also an independent contractor, compensated consultant, owner, board member, shareholder, or investor in an outside business, company, partnership, corporation, ve nture, or other transaction, in cooperation with another Department memb er, where either of the Department member’s annual interest, compensation, investment, or obligation is greater than $250. A - 5. Familial Relationship Includes relationship by blood, adopti on, marriage, domestic partnership, foster care with cohabitation, and in cludes parents, grandparents, great- grandparents, grandchildren, great-gra ndchildren, children, foster children, uncles, aunts, nephews, nieces, first cous ins, second cousins, siblings and the spouses or domestic partners of each of these relatives and cohabitants. This definition includes any relationship that exists by virtue of marriage or 1 A member refers to all OPD employees, sworn or professional staff. DEPARTMENTAL GENERAL ORDER D-22 Effective Date OAKLAND POLICE DEPARTMENT 30 Nov 23 Page 2 of 9 domestic partnership, such as in-law a nd step relationships, which are covered to the same extent as blood relationships. A - 6. Supervising Members Any Department member who perform s supervision of one or more subordinate members. A - 7. Supervision 2 Supervision is authority, direction, control, or influence, including by a member holding a higher rank over another, in the direct chain of command , wherein the supervisor has the temporary or ongoing ability to participate in decisions about terms a nd conditions of employment of one or more other members. A - 8. Subordinate Members A Department member who is subject to the temporary or ongoing direct or indirect authority of a department supervisor. B. DISCLOSURE OF PERSONAL RELATIONSHIPS 3 B - 1. Personal Relationships between Supervisors and Subordinates The supervisors possessing one of the fo llowing personal relationships with a subordinate member in their chain of command shall disclose the relationship to the Department::  Familial relationship  Outside business relationship  A consensual romantic relationship o ccurring within the last two years  Cohabitant Relationship B - 2. Timeline for Disclosure All supervising members must disclose to the Human Resources Manager their personal relationships, as define d above with existing members no later than 30 days from the effective date of this policy, and annually thereafter. Additionally, any subordinate member in a relationshi p, as defined above, as listed in Section B-1, with a supervisi ng member must disclose to the Human 2 Oakland Municipal Code (OMC) Chapte r 2.40 definition of “Supervision.” 3 These reporting requirements and prohibitions on supervision are required for all City employees and pursuant to Oakland Munic ipal Code (OMC) Chapter 2.40 and Administrative Instruction (AI) 72. This reporting procedure is a separate from required recusal pro cess during a Criminal Investiga tion and Internal Affairs inves tigation. DEPARTMENTAL GENERAL ORDER D-22 Effective Date OAKLAND POLICE DEPARTMENT 30 Nov 23 Page 3 of 9 Resources Manager their personal relati onships no later than 30 days from the effective date of this polic y, and annually thereafter. B - 3. New Relationships As new personal relationships, as listed in B-1, arise, members must disclose said relationships to the Human Resour ces Manager within 30 days of their inception. B - 4. Penalties for Failure to, or De lay In, Disclosing Relationships Any member who fails to disclose, or unnecessarily delays disclosure of, a relationship, as listed in B-1, with another Department member is subject to discipline consistent with current Manual of Rules Section 314.39 – Performance of Duty 4 and the discipline matrix. B - 5. Failure to report relationships, including cohabitant and romantic relationships involving supervision.5 Any member who becomes involved in one of the listed

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