Police Department Policy

OAKLAND_M-03.3_-_Integrity_Testing_444

Oakland PD

Policy Text
DEPARTMENTAL GENERAL ORDER Index as: Integrity Testing Effective Date: 24 Dec 10 Evaluation Coordinator: IAD Commander Evaluation Due Date: 24 Jun 11 Automatic Revision Cycle: 3 Years Page 1 of 6 INTEGRITY TESTING The purpose of this order is to establish De partmental policy and procedures to provide guidance to organizational units outside of the Internal Affair s Division conducting integrity tests to ensure compliance with Departmental directives. Integrity testing is a specialized tool de signed to evaluate general compliance with Departmental policy or in circumstances when normal investigative techniques fail or are likely to fail to provide the preponderance of evidence needed to r each an investigative conclusion. I. BACKGROUND Allegations of misconduct must be thoroughly investigated to maintain the integrity of the Department and the confidence of the community. A failu re to adequately address repeated or a singul arly severe allegation agains t a member or employee of the Department will rapidly lead to an er osion of community tr ust and Departmental morale. II. POLICY A. All integrity tests shall be conducted in accordance with prevailing federal, state, and local laws. B. Integrity tests shall be deemed confidential. C. Integrity Test Control Files shall no t be removed from the IADITU Office without prior approval from the IAD Commander. DEPARTMENTAL GENERAL ORDER M-3.3 Effective Date: 24 Dec 10 OAKLAND POLICE DEPARTMENT III. INTEGRITY TESTING PROCESS A. The use of an integrity test is based on current concerns or issues identified by unit commanders or as determined by the Chief of Police . Integrity tests are specific in length and scope. Such tests are used to verify compliance with Departmental policies, procedures or laws. B. The unit commander shall pr epare and submit an Inte grity Test Operations Request (TF-3346) through the Internal Affairs Division Integrity Testing Unit (IADITU) to the Chief of Police or Assistan t Chief of Police for final approval. C. Upon approval, the unit commande r shall assign a subordinate member/employee, within the unit, as th e investigator to conduct the integrity test. D. Implement the integrity test. E. Upon completion, the assigned investig ator shall complete and forward an Integrity Test After-Action Report (T F-3346-2) for review and endorsement to the unit commander. F. The unit commander shall forward the endorsed report through the IADITU to the Chief of Police or Assistant Chief of Poli ce for final approval. G. The unit commander shall implement the approved recommendations as directed by the Chief of Police or Assistant Chief of Police. IV. INTEGRITY TESTING Integrity tests may include, but are not limited to: A. Theft; B. Unauthorized information release; C. Perjury or false affidavits; D. Planting or fabrication of evidence; and E. Situations where members/employees are the subject of repeated allegation of misconduct. Page 2 of 6 DEPARTMENTAL GENERAL ORDER M-3.3 Effective Date: 24 Dec 10 OAKLAND POLICE DEPARTMENT V. INTEGRITY TEST PROCEDURES A. The first step in conducting an integr ity test is for the unit commander to determine: 1. What the current concern or issue is; 2. What the overall objective of the test; and 3. What the implementation strate gies and guidelin es will be. B. The unit commander shall develop an im plementation strategy which includes addressing the following: 1. Identify the subject(s) or total population; 2. Determine the objective(s); 3. Describe the test parameters/methodology (synopsis of how the integrity test is to be conducted). 4. Identify the resources required a nd fiscal impact, if any; and 5. Consider legal considerations a. Integrity tests shall be develope d to avoid entrapment or the appearance of entrapme nt. The test must provide the tested subject with a set of circumstances that are not biased in any direction so as to influence the subject into a particular course of action. b. Investigators may confer with th e Office of the City Attorney and/or District Attorney’s Office for clarification of any legal issues. C. Prepare and forward an Inte grity Test Operation Reque st through the Internal Affairs Division Integrity Testing Unit (IADITU) and IAD Commander to the Chief of Police or Assistant Chief of Poli ce for final approval. D. Upon approval, the assigned investigator shall, when appropriate, develop an Operations Plan in accordance with the provisions of RWM O-1. The Operation Plan shall be reviewed and approved by the appr opriate authority prior to implementation. NOTE: Operation plans are not required fo r non-field tests or tests of an administrative nature. Page 3 of 6 DEPARTMENTAL GENERAL ORDER M-3.3 Effective Date: 24 Dec 10 OAKLAND POLICE DEPARTMENT E. The assigned investigator shall: 1. Complete a recusal memorandum in accordance with DGO M-3; 2. Make the correct notifications in the event of the discovery of a criminal offense. 3. Maintain an Integrity Test Chronological Activ ity Log (TF-3346-1) of all investigative activities; and 4. Ensure the duration of the integr ity test does not exceed 14 calendar days from the date of approval. A request for an extension shall be submitted directly to the IAD Commander for approval. VI. DISPOSITION Upon completion of the

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