Police Department Policy

OAKLAND_M-03.2_-_Citizens__Police_Review_Agency_443

Oakland PD

Policy Text
DEPARTMENTAL GENERAL ORDER M-03.2: COMMUNITY POLICE REVIEW AGENCY Effective Date: 11 Sep 20 Coordinator: Internal Affairs Division Page 1 of 2 The purpose of this order is to set forth Departmental polic y and procedures regarding investigations conducted by the C ommunity Police Review Agency ( CPRA ). A. BACKGROUND AND PURPOSE OF THE CPR A Pursuant to Oakland City Charter section 604, effective December 16, 2017 , the Citizens’ Police Review Board (CPRB) was disbanded and on that date the CPRA became empowered to investigate alleged misconduct or failure to act of all Department sworn employe es. Concurrent investigations by the IAD and CPRA may result from the same complaint , and proposed discipline for subject officers may be issued by the Chief of Police based on findings from either investigation. B. COOPERATION WITH CPRA Subject to applicable law, the CPRA has the same access to all OPD files and records as IAD. B – 1. Member Responsibility a. Members shall fully cooperate with the CPR A by providing their full and expeditious assistance in the investigation of complaints. While the CPRA does not have the authority to investigate disciplinary violations alleged to have been committed by professional staff, professional staff still must cooperate with investigations conducted by CPRA into sworn members of the Department, including appearing at CPRA interviews. b. Members who receive interview notices from the CPR A shall appear and testify as directed unless excused by the issuing authority. c. Members who receive interview notice s shall contact the appropriate CPR A investigator within three on-duty working days . Members shall comply with all directives described in the notices. d. Members shall fully cooperate with all CPRA investigatory requests. Members who receive requests shall make every reasonable effort to comply with all directives in the requests within ten calendar days. Such requests may include, but are not limited to, product ion of any record related to the incident under investigation. The release of records shall comply with all restrictions enumerated by local, state and federal law or appropriate contractual agreements. DEPARTMENTAL GENERAL ORDER OAKLAND POLICE DEPARTMENT M-03.2 Effective Date XX Aug 19 Page 2 of 2 e. Members who fail to comply with these provisions shall be subject to the disciplinary process. f. Members subject to an interview are afforded all rights and privileges enumerated in the Memorandum of Understanding, City or Department policies, and the Public Safety Officers ’ Procedural Bill of Right s. B – 2. Supervisor Responsibility a. CPRA shall copy a member’s supervisor when noticing a member for an interview and/or noticing a member for other requests for investigatory materials. b. If the noticed member is not available within three on- duty working days, the noticed member’s supervisor shall contact CPRA within five calendar days. c. Sergeants conducting internal affairs investigations shall make every reasonable effort to respond to CP RA requests for files and records within ten calendar days of the request.

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