Professional Documents
Culture Documents
Table of Contents
Audit Report
Purpose
Background
Prior Audits
Reference Material
Audit Period and Population
Audit Steps
Audit Steps
Methodology
Summary of Findings
Objective 1 - Task 22.1 OPD maintains a functioning MLL
Objective 2 - Task 22.2 The OPD tracks and reports all relevant cases
that are lost, dropped or dismissed
Objective 3 - Task 22.3 The MLL shall attend meetings with
the DAO and PDO, as they deem appropriate
Objective 4 - Task 22.4 The MLL shall meet with and cooperate
with the Independent Monitoring Team (IMT)
Recommendations/Action Taken
Appendices
Appendix 1: Task 22 Audit Analysis
Appendix 2: Dispensary Action Reported Documents
Appendix 3: IAD Officer Complaint Notification Report
Appendix 4: MLL Monthly Report 5 Year Retention Assessment
1
1
1
1
2
2
3
3
5
6
6
10
11
11
On January 22, 2003, the OPD was placed under a NSA, which was updated on
February 4, 2004. The NSAs Task 22 requires that OPD:
Within 60 days from the effective date of this Agreement, OPD shall establish a
Management-Level Liaison (MLL) to the courts, the District Attorneys Office, and the
Public Defenders Office (Objective 1). This unit or person shall ensure that cases which
are lost or dropped due to bad reports, defective search warrants, granted Motion to
Suppress, contradictory evidence or testimony, or any other indication of performance
problems or misconduct, are tracked (Objective 2). The OPD MLL shall be required to
meet and cooperate with the Monitor (Objective 3). The DAs and PDs Offices may
attend meetings, as they deem appropriate (Objective 4).
The OPD established policies and procedures to implement the requirements of Task 22 under
Department General Order (DGO) A-18, indexed as: Management-Level Liaison MLL Monthly
Reports, dated December 16, 2003.
PRIOR AUDITS
This was the first audit conducted by Elite Performance Assessment Consultants, LLC (EPAC),
a contracted external consulting firm. The OPD has conducted several reviews and assessments
to determine compliance with Task 22 (see Reference Material).
REFERENCE MATERIAL
The reference material utilized during this audit includes:
Negotiated Settlement Agreement (NSA) between Delphine Allen, et al. (plaintiff) and
the City of Oakland, et al. (defendant), updated: February 4, 2004
Departmental General Order A-18: Management Level Liaison, December 16, 2003
Departmental General Order M-3: Complaints Against Departmental Personnel or
Procedures (Rev. 25 Jun 13), August 22, 2003
OPD/DA Liaison Commander Task 22 (S.A. IV.E), June 2006
Task 22 OPD/DA Liaison Commander Review Protocol, May 17, 2007
OPD/DA Liaison Commander Task 22 (S.A. IV.E), June 2007
Management-Level Liaison Review, June 23, 2010
Task #22 Management Level Liaison Compliance Assessor Report for 1 Apr to 31 Dec
12, July 5, 2011
Task #22 Management Level Liaison Compliance Assessor Report for 1 Jul to 30 Sep 11,
November 15, 2011
Task #22 Management Level Liaison Compliance Assessor Report for 1 Oct to 31 Dec
11, February 10, 2012
Task #22 Management Level Liaison Compliance Assessor Report for 1 Jan to 31 Mar
12, June 13, 2012
Task #22 Management Level Liaison Compliance Assessor Report for 1 Apr to 31 Dec
12, February 1, 2013
City of Oakland. (2008). OPD Negotiated Settlement Agreement (NSA). Retrieved
November 7, 2013, from Oakland City Attorney: http://www.oaklandcityattorney.org/
notable/Riders.html
AUDIT PERIOD
September 1, 2012 through September 30, 2013
September 1, 2008 through September 30, 2013
POPULATION
13 MLL Monthly Reports
56 MLL Monthly Reports
AUDIT STEPS
The EPAC staff used U. S. Government Auditing Standards as guidance when conducting this
audit engagement.
All MLL Reports from September 1, 2008 through September 30, 2013
All Alameda County Court Clerk's No-Complaint List (Strike List). from September 1,
2012 through September 30, 2013
All IAD/Division level investigations resulting from MLL referrals from September 1,
2012 through September 30, 2013.
All documentation of tracking MLL cases
All reference documents (see Reference Material)
The PM reviewed the above listed documents and then prepared the Audit Work Plan Report
documenting the engagement's process. The PM prepared the Compliance/Performance Testing
Instrument (CPTI) that was used to evaluate the OPD's compliance with Objectives #1 through
#4. The EPAC audit staff in consultation with the OPD Audit Manager determined the
compliance standards for each objective as 90%.
The EPAC audit staff conducted fieldwork by reviewing pertinent documents to determine the
audit findings. The findings were analyzed and documented in the Audit Report. The EPAC staff
contacted OPD staff for clarification of exceptions that were discovered during the audit
engagement. This allowed OPD staff to respond and clarify the findings. The EPAC staff
received OPD's responses and they were reviewed and considered. Communication with OPD
staff was either telephonic or through e-mail.
The PM prepared this audit report and it was submitted to the OPD Audit Manager for OPD staff
review and comment. An exit conference was conducted with OPD staff to discuss the audit
findings.
Methodology:
The EPAC staff followed the described methodology. A review of all MLL reports from
September 1, 2008 through September 30, 2013 and (Strike List) from July 2013 through
September 2013, one IAD/Division level investigations resulting from MLL referral from the
September 2013 MLL Monthly Report; and OPD correspondence/tracking documents for the
audit time period to determine whether and how OPD was tracking MLL cases.
Control These questions direct the auditors actions by prompting them to the relevant
Data Capture and Key Indicator Questions,
Data Capture These questions capture associated information which will assist in
reporting on exceptions, or;
Key Indicators - These questions measured compliance with the standard for each
objective by identifying exceptions.
Two levels of review were conducted by the PM and SA using 13 CPTIs, one for each MLL
Report reviewed for compliance of Objectives 1 through 4 and all MLL reports dating from
September 1, 2008 through September 1, 2013, for compliance of Objective 2.10. After the
reviews were completed, the PM analyzed the findings. The PM confirmed and tabulated the
exceptions associated with the evaluated documents. All documents or lack thereof containing
confirmed exceptions were considered out of compliance for the corresponding objective.
Documents that were unable to meet the standard for any one objective or any combination of
objectives were considered out of compliance. The documents that were considered out of
compliance were totaled and reported on by objective. The total number of documents compliant
in any one objective was identified by a percentage relative to the respective NSA and OPD
DGO mandates. Each compliant objective received one point in the CPTI scoring, while noncompliance received no points. The results were placed in a table (see Appendix 1).
OBJECTIVE TITLE
TASK
DGO
A-18
OBJECTIVE
%
OBJECTIVE
COMPLIANCE
13OPDT22MLL 000001
13OPDT22MLL 000002
13OPDT22MLL 000003
MML Monthly
Strike Lists
September 2013
August 2013
July 2013
Objective 2.1
Compliance
Compliant
Compliant
Compliant
13OPDT22MLL 000004
13OPDT22MLL 000005
13OPDT22MLL 000006
13OPDT22MLL 000007
13OPDT22MLL 000008
13OPDT22MLL 000009
13OPDT22MLL 000010
13OPDT22MLL 000011
13OPDT22MLL 000012
13OPDT22MLL 000013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
Non-Compliant
Non-Compliant
Non-Compliant
Non-Compliant
Non-Compliant
Non-Compliant
Non-Compliant
Non-Compliant
Non-Compliant
Non-Compliant
CPTI #
Comments
Note:
1Objective
NUMBER
56
4
52
PERCENTAGE/COMPLIANCE
93%/Compliant1
2.10 was 93% compliant, but each CPTI scored the objective with one point, equaling to 100%.
APPENDIX 1
Task 22 Audit Analysis
100
Objective 1.2
APPENDIX 1
Objective 1.1
Legend:
CPTI
#
13OPDT22MLL
000001
13OPDT22MLL
000002
13OPDT22MLL
000003
13OPDT22MLL
000004
13OPDT22MLL
000005
13OPDT22MLL
000006
13OPDT22MLL
000007
13OPDT22MLL
000008
13OPDT22MLL
000009
13OPDT22MLL
000010
13OPDT22MLL
000011
13OPDT22MLL
000012
13OPDT22MLL
000013
Total
Percentage
1
1
1
1
1
1
1
1
1
1
1
1
1
13
100
1
1
1
1
1
1
1
1
1
1
1
1
1
13
100
0
=
Non-compliant
1
=
Compliant
Blank
=
Not
Applicable
Page 1 of 3
1
1
1
1
1
1
1
1
1
1
1
1
1
13
100
Objective 2.11
1
1
1
1
1
1
1
1
1
1
1
1
1
13
100
Objective 2.10
1
1
1
1
1
1
1
1
1
1
1
1
1
13
100
Objective 2.9
Page 2 of 3
1
1
1
1
1
1
1
1
1
1
1
1
1
13
100
Objective 2.8
1
1
1
1
1
1
1
1
1
1
1
1
1
13
100
Objective 2.7
1
1
1
1
1
1
1
1
1
1
1
1
1
13
100
Objective 2.6
1
1
1
1
1
1
1
1
1
1
1
1
1
13
100
Objective 2.5
1
1
1
1
1
1
1
1
1
1
1
1
1
13
100
Objective 2.4
Objective 2.3
APPENDIX 1
Objective 2.2
Objective 2.1
1
1
1
0
0
0
0
0
0
0
0
0
0
3
93.006993 23.0769231
1
1
1
1
1
1
1
1
1
1
1
1
1
13
100
1
1
1
1
1
1
1
1
1
1
1
1
1
13
100
ORM
100
Objective 4.2
Objective 4.1
APPENDIX 1
Objective 3.1
1
1
1
1
1
1
1
1
1
1
1
1
1
13
100
1
1
1
1
1
1
1
1
1
1
1
1
1
13
100
Page 3 of 3
APPENDIX 2
Dispensary Action Reported Documents
APPENDIX 2
APPENDIX 2
APPENDIX 2
APPENDIX 2
APPENDIX 2
Kristin
12/5/13, 4:43 PM
https://email13.secureserver.net/view_print_multi.php?uidArray=11292|INBOX&aEmlPart=0
APPENDIX 2
Hi
Chris,
Capt.
Williams
is
checking
to
see
if
the
case
got
dropped
by
the
DAs
Oce.
As
soon
as
we
get
conrmaAon,
Ill
let
you
know.
Thanks,
KrisAn
Thx
According
to
the
DAs
Oce,
the
211
was
dropped
at
the
PX
but
the
gun
case
is
going
forward.
The
case
(gun
case)
is
sAll
in
the
court
system.
Is
this
what
you
were
looking
for?
1 of 3
12/5/13, 4:43 PM
https://email13.secureserver.net/view_print_multi.php?uidArray=11292|INBOX&aEmlPart=0
APPENDIX 2
I sent 2 emails yesterday one with 2008 reports and one with 2009 reports. I sent 2 today,
one with 2010 reports and one with 2011 reports. If you got all of these, then we are good!
Chris
Regarding the IA case that was initiated by Capt Williams regarding the field show-up (Sept. 18, 2013 memo), what
happened to the criminal case?
2 of 3
3 of 3
https://email13.secureserver.net/view_print_multi.php?uidArray=11292|INBOX&aEmlPart=0
APPENDIX 2
12/5/13, 4:43 PM
APPENDIX 3
IAD Officer Complaint Notification Report
APPENDIX 3
APPENDIX 4
: MLL Monthly Report 5 Year Retention Assessment
DATES OF REPORTS
COMMENTS
1. September 2013
2. August 2013
3. July 2013
4. June 2013
5. May 2013
6. April 2013
7. March 2013
8. February 2013
9. January 2013
10. December 2012
11. November 2012
12. October 2012
13. September 2012
14. June, July & August 2012
15. May 2012
16. February, March & April 2012
17. January 2012
18. December 2011
19.
20.
21.
22.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
APPENDIX 4
Page 1 of 2
DATES OF REPORTS
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
COMMENTS
Report missing
Report missing
Report missing
Reports
Total number of required reports
Total number of missing reports
Total number of retained reports
CPTI #
13OPDT22MLL 000001
13OPDT22MLL 000002
13OPDT22MLL 000003
13OPDT22MLL 000004
13OPDT22MLL 000005
13OPDT22MLL 000006
13OPDT22MLL 000007
13OPDT22MLL 000008
13OPDT22MLL 000009
13OPDT22MLL 000010
13OPDT22MLL 000011
13OPDT22MLL 000012
13OPDT22MLL 000013
Number
56
4
52
MML Monthly
Strike Lists
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
Objective 2.10
Compliance
Compliant
Compliant
Compliant
Compliant
Compliant
Compliant
Compliant
Compliant
Compliant
Compliant
Compliant
Compliant
Compliant
Total
APPENDIX 4
Page 2 of 2
Percentage
93 %
Comments
Compliance Totals
13/13
Percentage
100%