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Office of the Independent Police Auditor. Mark P. Smith Independent Police Auditor APTA Risk Management Seminar June 10, 2013. Civilian Oversight of Law Enforcement. A growing trend?. New York City Chicago Los Angeles (City) Los Angeles (County) San Francisco Washington, DC Atlanta

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Office of the independent police auditor

Office of the Independent Police Auditor

Mark P. Smith

Independent Police Auditor

APTA Risk Management Seminar

June 10, 2013


Civilian oversight of law enforcement
Civilian Oversight of Law Enforcement

A growing trend?

  • New York City

  • Chicago

  • Los Angeles (City)

  • Los Angeles (County)

  • San Francisco

  • Washington, DC

  • Atlanta

  • Boston

  • Boise

  • Cambridge

  • Honolulu

  • Syracuse

  • Sacramento

  • Austin

  • Providence

  • Eugene


Civilian oversight
Civilian Oversight

  • National Association for Civilian Oversight of Law Enforcement (NACOLE)

    • Established 1995

    • Brings together professionals working to establish or maintain law enforcement oversight

    • Code of ethics

    • Practitioner certifications


Types of civilian oversight
Types of Civilian Oversight

  • Investigative

    Investigate complaints and reach findings, possibly including discipline

  • Monitoring

    Review completed investigations from Internal Affairs, recommend different outcomes

  • Auditing

    Focus more on quantitative analysis to identify problematic trends or areas for improvement


Importance of civilian oversight
Importance of Civilian Oversight

  • Can a police department police itself?

    • Should a police department police itself?

      • Should a police department police itself alone?

  • Controversial incidents lead to:

    • Public mistrust

  • Independent, civilian oversight leads to:

    • Objectivity

    • Accountability

    • Transparency

    • Opportunity to reestablish trust


Early timeline of the office of the independent police auditor oipa
Early Timeline of the Office of the Independent Police Auditor (OIPA)

  • January 1, 2009: Oscar Grant killed by BART PD Officer Johannes Mehserle

  • July 8, 2010: Mr. Mehserle is convicted of involuntary manslaughter (trial moved to Los Angeles)

  • November 5, 2010: Mr. Mehserle is sentenced to 2 years in prison with credit for time served

    • BART engages in process of developing civilian oversight system


Early timeline of oipa cont d
Early Timeline of OIPA (Cont’d) Auditor (OIPA)

  • June 27, 2011: OIPA begins operation

  • July 3, 2011: Charles Hill killed by BART PD Officer

    • 3rd OIS in 2.5 years

  • August 11, 2011: BART interrupts cellular service

  • October 10, 2011: Occupy Oakland becomes active


Oipa s mission
OIPA’s Mission Auditor (OIPA)

  • Provide all members of the public with effective and independent oversight of the BART Police Department

    • Conduct unbiased and thorough independent investigations and reviews of police department investigations

    • Make policy recommendations to improve the performance of the police department

    • Maintain continual communication with members of the public in the BART service area.


Oipa s responsibilities
OIPA’s Responsibilities Auditor (OIPA)

  • Citizen Oversight Model

    • Intake complaints from the public

    • Investigate complaints regarding excessive force, racial profiling, sexual orientation bias, sexual harassment, use of deadly force, wrongful deaths

    • Review Internal Affairs investigations

    • Mediation


Oipa s responsibilities cont d
OIPA’s Responsibilities (Cont’d) Auditor (OIPA)

  • Facilitate appeals of Internal Affairs conclusions

  • Monitor officer-involved shooting investigations

  • Develop policy and training recommendations

  • Meet with the BART police associations

  • Conduct community outreach

  • Submit monthly and annual activity reports


Oipa s responsibilities cont d1
OIPA’s Responsibilities (Cont’d) Auditor (OIPA)

  • Facilitate application process and coordinate selection process for Citizen Review Board

  • Provide staff support to the Citizen Review Board

  • Facilitate training for the Citizen Review Board


Who works at oipa
Who Works at OIPA? Auditor (OIPA)

  • Independent Police Auditor

  • Independent Police Investigator

  • Senior Administrative Analyst


Key elements of oipa
Key Elements of Auditor (OIPA)OIPA

  • Independent of BART PD

  • “Unfettered access” to police reports and police personnel records

    • Written into Citizen Oversight Model

  • Can recommend revisions to policy and training

  • Chief of Police cannot unilaterally overrule OIPA findings


Oipa s challenges
OIPA’s Challenges Auditor (OIPA)

  • Publicity

  • Skepticism from BPD

  • Skepticism from public

  • Inherent resistance to spotlighting issues and/or deficiencies


Stakeholders community groups
Stakeholders / Community Groups Auditor (OIPA)

  • Family of Oscar Grant

  • Neighborhood/Religious/Youth organizations with aligned interests

  • Host community forums throughout the District

  • Establish contact with Public Defenders’ offices


Relationship with the police department
Relationship with the Police Department Auditor (OIPA)

  • Good leadership acknowledges when there is need for reform

  • Recognize the similarities between Internal Affairs and civilian oversight, where possible

  • Meet with unions early on

  • Talk directly to the officers themselves


Progress made
Progress Made Auditor (OIPA)

  • Community outreach

  • CRB meeting regularly

  • Website/brochure

  • Production of reports

  • OIPA/CRB involvement in officer recruitment

  • Complaint intake/investigation/review


Looking forward
Looking Forward… Auditor (OIPA)

  • Continuing to develop outreach

  • Developing an ADR system

  • Reviews of BART PD training and policies

  • Educating more officers about oversight system

    • Evaluating the oversight system


Civilian oversight summing up
Civilian Oversight - Summing Up Auditor (OIPA)

  • As an agency, take whatever steps can reasonably taken to minimize the chances that a controversial incident will occur

  • Put yourself in the best possible position to react and rebuild trust in case such an incident does occur


Oipa contact information
OIPA Auditor (OIPA)Contact Information

  • Telephone

    (510) 874-7477

  • Fax

    (510) 874-7475

  • Email

    [email protected]

  • Website

    www.bart.gov/policeauditor

  • Mail

    OIPA

    Bay Area Rapid Transit

    P.O. Box 12688

    Oakland, CA 94604-2688

  • Office

    300 Lakeside Drive

    14th Floor

    Oakland, CA 94612


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