Allen, et al v. City of Oakland, et al

Filing 482

STIPULATION AND ORDER re: Section III.D.1 (Task 4) of the Settlement Agreement. Signed by Judge Thelton E. Henderson on 11/25/08. (rbe, COURT STAFF) (Filed on 11/26/2008)

1 JOHN A. RUSSO, City Attorney, State Bar No. 129729 RANDOLPH W. HALL, Assistant City Attorney, State Bar No. 080142 2 ROCIO V. FIERRO, Senior Deputy City Attorney, State Bar No. 139565 One Frank H. Ogawa Plaza, 6th Floor 3 Oakland, CA 94612 Telephone: [phone] Rvf/537007 5 Attorneys for Defendants CITY OF OAKLAND, et al. 6 ROCKNE A. LUCIA, JR., ESQ., State Bar No. 109349 7 RAINS, LUCIA & STERN PC 2300 Contra Costa Blvd., Suite 230 8 Pleasant Hill, CA 94523 Telephone: [phone] Attorneys for Interveners 10 OAKLAND POLICE OFFICERS ASSOCIATION 11 JAMES B. CHANIN, ESQ., State Bar No. 076043 LAW OFFICES OF JAMES B. CHANIN 12 3050 Shattuck Avenue Berkeley, CA 94705 13 Telephone: [phone] Attorneys for Plaintiffs 15 JOHN L. BURRIS, ESQ., State Bar No. 069888 LAW OFFICES OF JOHN L. BURRIS 16 Airport Corporate Centre 7677 Oakport Road, Suite 1120 17 Oakland, CA 94621 Telephone: [phone] Attorneys for Plaintiff 19 UNITED STATES DISTRICT COURT 20 NORTHERN DISTRICT OF CALIFORNIA 21 DELPHINE ALLEN, et al., Master Case No.: C00-4599 TEH (JL) 22 Plaintiffs, STIPULATION AND ORDER RE: SECTION III. D. 1 (TASK 4) OF THE 23 v. SETTLEMENT AGREEMENT 24 CITY OF OAKLAND, et al., [Honorable Thelton E. Henderson] 25 Defendants. 26
STIPULATION AND ORDER RE: CHANGES TO LANGUAGE IN SECTION III. D. 1 (Task 4) OF THE SETTLEMENT AGREEMENT

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STIPULATION IT IS HEREBY STIPULATED by and between the parties that Section III. D. 1

3 (Task 4) is hereby amended as follows to reflect policy and procedure revisions regarding 4 the Informal Complaint Resolution process. 5 Section III, D. 1 (Task 4), "Complaint Control System for IAD," shall read as

6 follows: 7 D. 8 Complaint Control System for IAD 1. Within 90 days, OPD shall develop a policy regarding an informal complaint

9 resolution process which may be used by supervisors and IAD to resolve service 10 complaints and Class II violations that do not indicate a pattern of misconduct as 11 described in Section III, paragraph H (2). This process shall document the receipt of the 12 complaint, date, time, location, name or the person making the complaint, the name of the 13 person receiving the complaint, how the matter was resolved and that the person making 14 the complaint was advised of the formal complaint process. The documentation shall be 15 forwarded to an IAD Commander for review. If the informal complaint resolution process 16 fails to resolve the complaint or if the person making the complaint still wishes to make a 17 formal complaint, the person receiving the complaint shall initiate the formal complaint 18 process pursuant to Section III, paragraph E. An IAD Commander shall make the final 19 determination whether the ICR process will be utilized to resolve the complaint. The 20 reason for his/her decision shall be documented in the Chronological Activity Log. OPD 21 personnel shall not unduly influence persons making a complaint to consent to the 22 informal complaint resolution process. 23 /// 24 /// 25 /// 26 ///
STIPULATION AND ORDER RE: -1CHANGES TO LANGUAGE IN SECTION III. D. 1 (Task 4) OF THE SETTLEMENT AGREEMENT

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Dated: November 20, 2008

OAKLAND CITY ATTORNEY'S OFFICE

By:

/s/ ROCIO V. FIERRO, Attorneys for Defendant CITY OF OAKLAND RAINS, LUCIA & STERN, PC

Dated: November 20, 2008

By:

/s/ ROCKNE LUCIA, Attorney for Interveners OAKLAND POLICE OFFICERS ASSOCIATION LAW OFFICES OF JAMES B. CHANIN

Dated: November 20, 2008

By:

/s/ JAMES B. CHANIN, Attorney for Plaintiffs LAW OFFICES OF JOHN BURRIS

16 Dated: November 20, 2008 17 18 19 20 21 By:

/s/ JOHN L. BURRIS, Attorney for Plaintiffs

ATTORNEY ATTESTATION I hereby attest that I have on file all holograph signatures for any signatures 22 indicated by a "conformed" signature (/s/) within this E-filed document. 23 24 25 26
STIPULATION AND ORDER RE: -2CHANGES TO LANGUAGE IN SECTION III. D. 1 (Task 4) OF THE SETTLEMENT AGREEMENT

Dated: November 24, 2008

/s/ GREGORY M. FOX

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ORDER IT IS HEREBY ORDERED that Section III.D.1 (TASK 4) of the Settlement

3 Agreement approved by this Court on or about January 22, 2003, is hereby revised and 4 modified, consistent with the terms of the Parties' Stipulation. 5 6 Dated: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
STIPULATION AND ORDER RE: -4CHANGES TO LANGUAGE IN SECTION III. D. 1 (Task 4) OF THE SETTLEMENT AGREEMENT

IT IS SO ORDERED. 11/25/08

UNIT ED

THELTON E. HENDERSON JUDGE OF THE DISTRICT COURT

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