Policy Text
DEPARTMENTAL
GENERAL
ORDER
K-4.1
Index as:
Force Review Boards
Effective Date:
16 Dec 15
Evaluation Coordinator:
BOS Deputy Chief
Evaluation Due Date:
16 Dec 18
Automatic Revision Cycle:
3 Years
Page 1 of 22
FORCE REVIEW AND EXECUTIVE FORCE REVIEW BOARDS
The purpose of this order is to set forth Departmental policy and procedures for police
boards to review Level 1 and Level 2 Use of Force incidents and investigations, In -
Custody Death incidents and investigations and Vehicle Pursuit Related Death incident s
and investigations.
The Department convenes two categorical review boards to accomplish this objective:
1. Force Review Board (FRB)
2. Executive Force Review Board (EFRB)
I. FORCE REVIEW BOARD AND EXECUTIVE FORCE REVIEW BOARD
A. Force Review Boards are convened to analyze and assess performance of
Oakland Police Department members in the following:
1. Use of Force (UOF) incidents and investigations
2. In-Custody Death (ICD) incidents and investigations
3. Vehicle Pursuit Related Death (VPRD) incidents and investigations
4. Use of Force incidents, investigated administratively and/or
criminally by the Department or outside law enforcement agency, at
the direction of the Chief of Police (COP) .
B. The Board shall assess and determine concluding recommendations for the
COP about the force used and performance by Department members (e.g.
use of PDRD, on -scene preliminary investigation, etc.) and whether it was
compliant, as applicable, with Department policies , and procedures and
training . The review process is intended to help the Department achieve its
goal of using the least amount of force possible consistent with safety of all
DEPARTMENTAL GENERAL ORDER
OAKLAND POLICE DEPARTMENT K-4.1 Effective Date
16 Dec 15
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persons. The Oakland Police Department has a reverence for all life. This
policy shall not be construed as altering the standard of review as to the
reasonableness of the use of force set forth in Department General Order K -
3. Therefore, the discipline standards regarding the use of force or other
performance of a Depart ment member that otherwise complies with
Department policy (including, but not limited to General Order K -3)
currently used by the Department will not be changed by this order. Those
standards will remain the same as those in use prior to this order takin g
effect.
C. The Board shall analyze the UOF incident, to include the circumstances and
performance of Department members during and proximate to the event
(e.g. including force options and discretionary decision making, etc.), and
identify any and all ne cessity, deficiency or exceptional performance as
they relate to:
1. Department policy or procedure revision;
2. Department policy or procedure origination;
3. Justification for the original encounter, det ention or arrest, as
applicable .
4. Any t actics, strategies, and options pursued as events unfolded that
may have led to the use (s) of force.
5. Training revision or origination, to include:
a. Sphere in which training shall be provided;
b. Fundamental curricula;
c. Method of presentation of the training;
d. Requirements for testing or demonstrated performance;
e. Timelines for implementation and conclusion of training;
and
f. Process for monitoring Department member performance
subsequent to policy and/or training revision or originati on;
6. Supervision, Management and Leadership;
DEPARTMENTAL GENERAL ORDER
OAKLAND POLICE DEPARTMENT K-4.1 Effective Date
16 Dec 15
Page 3 of 22
7. Investigative deficiencies, to include objective evidence analysis,
related to:
a. On-Scene and preliminary investigation; and
b. Follow -up investigation ;
8. Assignment to the Criminal Investigative Division (CID) , Internal
Affairs Division (IAD) , or other investigative entity;
9. Equipment:
a. Functionality ;
b. Procurement ; and
c. Elimination ;
10. Consideration of exemplary, commendable, or otherwise notable
performance by Department members.
D. Force Review Board
The FRB is convened to analyze and assess the factual circumstances
during and proximate to all Level 2 UOF incidents and to establish
concluding recommendations to the COP from those circumstances.
E. Executive Force Review Board
The EFRB is convened to analyze and assess the factual circumstances
during and proximate to all:
1. Level 1 UOF incidents and investigations;
2. ICD incidents and investigations;
3. VPRD incidents and investigations ; or
4. UOF incidents, investigated administratively and/or criminally by
the Department or outside law enforcement agency, at the direction
of the COP; and
Establish concluding recommendations to the COP from those
circumstances .
DEPARTMENTAL GENERAL ORDER
OAKLAND POLICE DEPARTMENT K-4.1 Effective Date
16 Dec 15
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NOTE: A firearm discharge at a n animal shall be reviewed by the EFRB at
the direction of the COP .
II. AUTHORITY AND TRAINING OF FORCE REVIEW AND EXECUTIVE
FORCE REVIEW BOARDS
A. Force Review and Executive Force Review Boards shall have the authority
to:
1. Direct Department personnel to appear before the Board;
2. Request any private person to appear as a witness;
3. Access, in accordance with legal parameters and respect for
confidentiality:
a. CID investigations;
b. IAD inve stigations;
c. Use-of-Force investigative reports;