§ 2.46.030. Functions and duties.

In addition to the powers and duties prescribed in section 604 of the Oakland City Charter, the Agency's functions and duties are as follows:

A.

Use the same complaint form as used by the Department in receiving all public complaints concerning alleged misconduct, including complaints from Department non-sworn employees. All complaints, wherever filed, shall be date-stamped and numbered sequentially. A copy of the numbered and date-stamped complaint shall be provided to the complainant and to the Department's Internal Affairs Division within one (1) business day of receipt.

B.

Make complaint forms available to the public by posting the forms and information about the complaint process on the Agency's website and by accepting the online filing of complaints and attachments via the Agency's website, and by making information about the complaint process available at other public locations to be determined by the Agency Director.

C.

Ensure that all investigators receive any necessary training in conducting fair and impartial investigations.

D.

Request the Commission to issue a subpoena, in accordance with City Charter section 604(b)(3), to compel a subject officer and any other sworn employee of the Department to fully cooperate with an Agency investigation. The Chief shall order all Department sworn employees subject to any subpoena issued by the Commission to comply with all requirements of the subpoena.

E.

Videotape the interviews of all Subject Officers who are alleged to have committed a Class I offense. For purposes of this subsection, the definition of "Class I offense" shall be the same as the definition of "Class I offense" in the Department's Discipline Policy.

F.

Request, without requiring, that the complainant(s) and witnesses of Class I allegations agree to be audiotaped or videotaped if, in the Agency's discretion, its investigation would benefit from such taping.

G.

In consultation with and upon the approval of the Commission, establish rules and procedures for the operation of its business including, but not limited to, procedures for the intake of complaints.

H.

No less than twice a year and as permitted by applicable law, issue a report to the Public Safety Committee which shall include the following information:

1.

The number of complaints submitted to the Agency together with a brief description of the nature of the complaints and the identification of the Council District from which the complaint originated;

2.

The demographic profiles of the complainants to the extent that information exists or is voluntarily provided by the complainants;

3.

The number of the Agency's pending investigations, and the types of Misconduct that is being investigated;

4.

The number of investigations completed by the Agency, the results of the investigations, and the amount of time spent on the investigations;

5.

The number of Department sworn employees for whom sustained findings of misconduct were made and the level of discipline proposed;

6.

The number of closed investigations which did not result in sustained findings and/or discipline of the subject officer;

7.

The number of cases referred to mediation;

8.

The number of cases in which the Agency failed to meet (a) the one-hundred-and-eighty-day (180) goal specified by City Charter section 604(f)(3), and/or (b) the deadline specified by California Government Code section 3304; and

9.

The number of times a Department employee failed to comply with the Agency's request for an interview or for the production of documents, and the number of times a Department sworn employee failed to comply with a valid subpoena, and whether discipline was imposed for any such non-compliance.

(Ord. No. 13498, § 3, 7-10-2018)