Police Department Policy

OAKLAND_E-03.1_-_Department_Notification_Complia_119

Oakland PD

Policy Text
DEPARTMENTAL GENERAL ORDER E-3.1 Index as: Department Notification Compliance Verification Effective Date: 9 Oct 09 Evaluation Coordinator: IAD Commander Evaluation Due Date: 5 Apr 10 Automatic Revision Cycle: 2 Years Page 1 of 7 DEPARTMENT NOTIFICATION COMPLIANCE VERIFICATION The purpose of this order is to set forth Departmental policy and procedure regarding the notification responsibility of De partmental personnel when th ey are a party to specific incidents enumerated in this order, as well as the responsibilities of unit commanders and the Internal Affairs Division (IAD) regarding su ch notifications. In addition, this order enumerates the requirements re garding the submission of Statement of Compliance forms (TF-3280) and the responsibilities of specialized unit supervisors and commanders regarding these forms. I. MOR SECTION 314.28 - NOTIFICATION Department Manual of Rules Section 314.28 states: NOTIFICATION - Any member/employee who is a party to any of the following incidents shall prepare and forward a memorandum, via email or hand-delivery, directly to the IAD Commander within 72 hours: • Lawsuit (the member/emp loyee is not required to report under this section when the City is also na med as a party in the lawsuit); • Arrest; • CDL suspension or revocation, or notification of CDL suspension or revocation; • Cited, in lieu of arrest (except Vehicle Code infractions); • Served with a civil or administrativ e process related to their employment or which contain allegations which rise to the leve l of a Manual of Rules violation; or DEPARTMENTAL GENERAL ORDER E-3.1 Effective Date 9 Oct 09 OAKLAND POLICE DEPARTMENT • Becomes aware that he/she is under i nvestigation for any misdemeanor or felony in this or another jurisdiction. If circumstances prevent compliance with the timeline (e.g., incarcerated, hospitalized, out of the country), the member/employee shall make such notification as soon as practical or notify his/her unit commander who shall prepare and forward the memorandum. The notification memorandum sh all include the following: • Day, Date, Time, Lo cation of incident; • Involved parties; and • Summary of the circumstances of the incident. Notification by any other means shall not satisfy the requirement of this MOR Section. II. SPECIALIZED UNIT DESIGNATIONS A. Internal Affairs Division; B. Targeted Enforcem ent Task Force; C. Gang/Gun Investiga tion Task Force; D. Police and Corrections Team; E. Fugitive Unit; F. Alameda County Narcotics Task Force; G. Drug Enforcement Administration Task Force; H. Alcohol Beverage Action Team; I. Intelligence Division; J. Office of Inspector General; K. Crime Reduction Teams; and L. Inspectional Services Unit. III. ADDITIONAL REQUIREMENTS A. A member/employee shall prepare and forward a Statemen t of Compliance File sealed in an envelope and hand delivered directly to the Internal Affairs Division Integrity Testing Unit (IADITU) when he/she has been advised by the Department that he/she is being considered for tran sfer to a specialized unit designated in Part II of this order. Page 2 of 7 DEPARTMENTAL GENERAL ORDER E-3.1 Effective Date 9 Oct 09 OAKLAND POLICE DEPARTMENT B. The Statement of Compliance F ile shall contain the following: 1. A current Statement of Compliance form (TF-3280) prepared by the affected member/employee; 2. A memorandum detailing the circum stances of any category marked “Yes” in the Statement of Comp liance form and any relevant supporting documentation, if necessary, prepared by the affected member/ employee; and 3. An official credit report 1 furnished by the member/employee. C. A member/employee shall prepare and forward a Statemen t of Compliance File sealed in an envelope and hand-delivered directly to IADITU as required for the annual update in acco rdance with the provisions of Part IV, B of this order. D. A member/employee who ha s been served with ANY civil or administrative process, including tort clai ms and financial claims, sh all prepare and forward a memorandum, via email or hand deliver y, directly to the IAD Commander within 72 hours of service. 1. If he/she has been advised by the De partment that he /she is being considered for transfer to a specialized unit; or 2. If currently serving in a specialized unit. The memorandum shall include the same information as required for the notification memorandum in Part I of this order. E. A member/employee shall update his/ her Statement of Compliance form whenever there is a change of status regardi ng any category of information contained in the Statement of Complia nce form. The memb er/employee shall complete a Statement of Co mpliance form, seal the fo rm in an envelope, and hand deliver directly to the IADITU. F. The Personnel Section sha ll forward a draft of the Personnel Order to the IADITU for compliance review prior to forwarding to the Chief of Police for review and approval. 1 A free credit report may be obtained from the Federal Trade Commission website at www.ftc.gov . If the member/employee is not eligible for a free credit report, the Department may pa y the cost upon proof of such non-eligibility. Page 3 of 7 DEPARTMENTAL GENERAL ORDER E-3.1 Effective Date 9

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