9 20-0140 Subject: Ballot Measure Amending Powers Of The Police Commission
From: Council President Kaplan And Pro Tem Kalb
Recommendation: Adopt A Resolution Proposing To Amend City Charter Section 604 To Strengthen The Independence Of The Oakland Police Commission, Directing The City Administrator To Give Written Notice To Employee Organizations That May Be Affected, And Directing The City Administrator To Meet And Confer, As Appropriate Subject To Further Council Instruction
Oversight of OPD is necessary and will only be effective if strengthened and independent. The commission can only serve its intended purpose if it is devoid of police-influenced bias. Recent uprisings and the police’s violent and anti-citizen reactions to the uprisings indicate that as long as the OPD exists, it needs to be held to as much accountability as possible. Please vote in favor of a commission with strengthened independent oversight.
We need to pass a budget that substantially defunds OPD and we need to dismantle the OPD.
In the meantime, I support strengthened independent oversight of OPD. Please vote in favor of a strong, independent community oversight police commission. An engaged commission with the power to enforce its recommendations, and that is in no way affiliated with or influenced by the police, will hopefully serve as some sort of checks & balances. As long as OPD exists, it must be held accountable.
We, who voted for an independent Police Commission recognize that after 3 years, there is a need to “clean up” sections of Measure LL to ensure that the Commission can do the job they are charged with – which is not only to discipline those officers found guilty of misconduct but to propose and implement solutions designed to prevent those actions in the future.
I voted for Measure LL because as Einstein once said –“ insanity is continuing to do the same things over and over hoping for a different result.” After 17 years there is still a need for a Federal Monitor / Compliance Director who costs the City millions of dollars.
Vote in favor of the CPA/Police Commission Charter amendment.
I echo Hannah Banks' statements. OPD must be defunded. If the strengthening of the the Police Commission (as supported by the Coalition for Police Accountability) is one step in that direction I'm aligned. No funds must be distributed to OPD as a part of this legislation. Any alternate amendments that reduce or inhibit the ability of the Commission to perform necessary oversight and inspection should not be considered.
OPD takes away desperately needed resources from essential city programs and services. The investment in policing has not made us safer – OPD remains an embarrassment to the city and a lethal threat to Oakland’s Black and Brown communities, while increased police spending shows no correlation to decreasing crime levels over the past 20 years. The time has come to defund the police.
As an Oakland resident, I demand that you take immediate action to:
The time has come to reduce OPD’s allocation from the General Fund by 50% (roughly $150 Million)
Disallow unauthorized overtime by OPDDiscontinue use of general fund dollars to pay for settlements due to police murder, misconduct, and negligence
Invest in housing, jobs, youth programs, restorative justice, and mental health workers to keep the community safe.
Oakland can not wait any longer for a budget that meets the needs of its residents. The only way to achieve this is to take immediate steps to Defund OPD.
I support the proposed version of the ballot measure that was approved by a majority of the Police Commission and the Coalition for Police Accountability.
Democracy means letting the people’s voices be heard. We must take this crucial step to tackle and address institutionalized racism. Let us strive to defund, divest and dismantle the OPD because Black Lives Matter.
Every Councilmember has indicated solidarity and support to the black community and local protests, but those words carry no weight if they don't vote to pass this resolution without any additional amendments that would weaken its goal. The ultimate goal needs to be to pass a budget that defunds Oakland PD, but until the power of oversight is decentralized and taken away from elected officials with connections to police unions etc. there is no meaningful progress on the horizon. We've seen that police accountability is nonexistent when they are only accountable to people in power. A volunteer commission with the power to enforce its recommendations, and one composed primarily of people most impacted by police violence, is one step in proving we mean it when we say Black Lives Matter.
Recent tragedies across our country and the disproportionate police response to lawful protests remind us why Oaklanders wanted a strong police commission in the first place. Thank you for supporting the strongest possible version of legislation that empowers the citizens of Oakland to hold the police accountable. Clearly we need to be moving to a more public safety directed model and away from a militarized force that, on occasion, neither serves nor protects the people of Oakland.
Council members,
I urge you to vote for the Unity draft to Clean-up LL presented by the Oakland Police Commission and the Coalition for Police Accountability. Following recent protests over the murder by police of another unarmed black man, and recurrent police brutality against protesters, many cities are seeking to reform local police departments, defund the police and establish civilian oversight bodies. Oakland is far ahead of other cities in this process. But the 2016 Measure LL allowed for obstructions by the administration which must be corrected in this "Clean-up" Charter amendment. All of the changes in the Unity draft should be approved.
No other amendments should be allowed that will weaken or potentially destroy our police commission.
Residents who seek racial justice, police accountability and OPD reform are looking to you to show courage in the face of political opposition. Please do the right thing. Listen to the community's voices.
On June 5, my house in West Oakland put up a sign in our front yard saying, "Happy Birthday Breonna," in celebration of Breonna Taylor, a Black woman killed by a police officer in Louisville, KY. The next morning, we woke up to find glass shattered in our living room. Someone had thrown a rock through our window between 12am and 8am. We know this was an anti-Black attack, in response to our sign.
I immediately emailed Councilwoman Lynnette Gibson McElhaney and her staff, asking for resources for this hate incident. I stated our house *did not* want to get the police involved, because we *do not* want more unnecessary police presence in West Oakland, and we firmly believe that the police would protect the attacker. Councilwoman Gibson responded by email that we should file a police report and contact the police. I responded restating our position and have not heard since from her or Councilmember Kaplan, who I emailed as well.
The League of Women Voters of Oakland grieves the murders of George Floyd and other Black lives taken at the hands of rogue law enforcement officers who are rarely held accountable. We mourn those who have suffered from America’s pervasive culture of anti-blackness.
LWVO advocates for anti-racist policies and checks and balances such as are embodied in the Police Commission.
We support ensuring an independent IG and legal counsel. If Oakland voters support a measure, we urge that you quickly enact enabling legislation to allow it to fully and timely take effect. We believe current areas of oversight should continue subject to review. We support provisions that allow the Commission or the IG access to documents such as investigative and personnel records as permitted by law. Finally, we urge that the Commission be adequately staffed; receive necessary authority, support and training; and operate independently. The Council must act when the Commission or OPD proposes changes.
I support the proposed version of the ballot measure that was approved by a majority of the Police Commission and the Coalition for Police Accountability.
The other versions will not sufficiently increase the ability of the Commission to do its job.
I am concerned that the proposals use the term "budgeted" or "budget for" or "appropriate" for the wording of funding of the Commission. We learned from the Measure Y litigation that unless there is plain language in a ballot measure specifically stating that expenses will be paid, that words like "budgeted" and "appropriated" are unenforceable.
I’m also concerned that the proposals include escape clauses for reducing funding in the event of fiscal emergencies. We will enter a fiscal emergency if the Federal government does not help out very soon. But in times of fiscal emergencies that will further stress many residents OPD needs the oversight of a properly funded Police Commission even more than in normal times.
Oversight can only be effective if it remains independent. Please vote in favor of a stong community oversight commission and continue the work of making the OPD accountable to the community they serve.
It is critically important that the role of the police be right-sized from its current overpowering position in the City of Oakland. One small piece of this is to have an independent and strong Police Commission, one led by people who firmly believe in police accountability and have the wherewithal to effectively bring about that accountability. The City Council and Mayor's office need to go further and adopt the remaining measures outlined in the 8 Can't Wait campaign that are missing from police procedure here in Oakland. We can and must do better.
This seems like a tiny step in the right direction. Please improve the independent oversight of OPD, and then, please DO MORE. We don't need police unions protecting their own as millions of black and brown people are harassed and criminalized in this country. We don't need teargas and arrests when young people risk their health and safety to protest injustice. We don't need dance parties met with snipers, and we don't need another murder. If bad policies or racist cops are putting people at risk, those policies or people need to go. If tax dollars are the issue, I'd rather pay for oversight than Urban "Shield".
When George Floyd was murdered we learned that his killer, Derek Chauvin, had a history of violent incidents including at least 17 investigations into him and 12 complaints.* Out of the officers who killed Breonna Taylor, three had been sanctioned for violating department policies, one was sued for excessive force for shooting a man during a traffic stop, another was under investigation for harassment, and planting drugs on suspects.*
Breonna Taylor and George Floyd would be alive today if those police departments held officers accountable. We need to give our police commission the power to investigate complaints, to discover patterns in officer behavior, and to take fire officers BEFORE THEY KILL PEOPLE. Let's not wait to take action. Give the police commission the tools they need to keep our community safe from violent cops.
Oversight of OPD is necessary and will only be effective if strengthened and independent. The commission can only serve its intended purpose if it is devoid of police-influenced bias. Recent uprisings and the police’s violent and anti-citizen reactions to the uprisings indicate that as long as the OPD exists, it needs to be held to as much accountability as possible. Please vote in favor of a commission with strengthened independent oversight.
We need to pass a budget that substantially defunds OPD and we need to dismantle the OPD.
In the meantime, I support strengthened independent oversight of OPD. Please vote in favor of a strong, independent community oversight police commission. An engaged commission with the power to enforce its recommendations, and that is in no way affiliated with or influenced by the police, will hopefully serve as some sort of checks & balances. As long as OPD exists, it must be held accountable.
We, who voted for an independent Police Commission recognize that after 3 years, there is a need to “clean up” sections of Measure LL to ensure that the Commission can do the job they are charged with – which is not only to discipline those officers found guilty of misconduct but to propose and implement solutions designed to prevent those actions in the future.
I voted for Measure LL because as Einstein once said –“ insanity is continuing to do the same things over and over hoping for a different result.” After 17 years there is still a need for a Federal Monitor / Compliance Director who costs the City millions of dollars.
Vote in favor of the CPA/Police Commission Charter amendment.
I echo Hannah Banks' statements. OPD must be defunded. If the strengthening of the the Police Commission (as supported by the Coalition for Police Accountability) is one step in that direction I'm aligned. No funds must be distributed to OPD as a part of this legislation. Any alternate amendments that reduce or inhibit the ability of the Commission to perform necessary oversight and inspection should not be considered.
OPD takes away desperately needed resources from essential city programs and services. The investment in policing has not made us safer – OPD remains an embarrassment to the city and a lethal threat to Oakland’s Black and Brown communities, while increased police spending shows no correlation to decreasing crime levels over the past 20 years. The time has come to defund the police.
As an Oakland resident, I demand that you take immediate action to:
The time has come to reduce OPD’s allocation from the General Fund by 50% (roughly $150 Million)
Disallow unauthorized overtime by OPDDiscontinue use of general fund dollars to pay for settlements due to police murder, misconduct, and negligence
Invest in housing, jobs, youth programs, restorative justice, and mental health workers to keep the community safe.
Oakland can not wait any longer for a budget that meets the needs of its residents. The only way to achieve this is to take immediate steps to Defund OPD.
We need to defund and dismantle the OPD. This is a step in the right direction.
I support the proposed version of the ballot measure that was approved by a majority of the Police Commission and the Coalition for Police Accountability.
Democracy means letting the people’s voices be heard. We must take this crucial step to tackle and address institutionalized racism. Let us strive to defund, divest and dismantle the OPD because Black Lives Matter.
Every Councilmember has indicated solidarity and support to the black community and local protests, but those words carry no weight if they don't vote to pass this resolution without any additional amendments that would weaken its goal. The ultimate goal needs to be to pass a budget that defunds Oakland PD, but until the power of oversight is decentralized and taken away from elected officials with connections to police unions etc. there is no meaningful progress on the horizon. We've seen that police accountability is nonexistent when they are only accountable to people in power. A volunteer commission with the power to enforce its recommendations, and one composed primarily of people most impacted by police violence, is one step in proving we mean it when we say Black Lives Matter.
Recent tragedies across our country and the disproportionate police response to lawful protests remind us why Oaklanders wanted a strong police commission in the first place. Thank you for supporting the strongest possible version of legislation that empowers the citizens of Oakland to hold the police accountable. Clearly we need to be moving to a more public safety directed model and away from a militarized force that, on occasion, neither serves nor protects the people of Oakland.
Strengthen the Police Commission. Vote for the amendment put forward by the Coalition for Police Accountability. Reject any alternate amendments.
Council members,
I urge you to vote for the Unity draft to Clean-up LL presented by the Oakland Police Commission and the Coalition for Police Accountability. Following recent protests over the murder by police of another unarmed black man, and recurrent police brutality against protesters, many cities are seeking to reform local police departments, defund the police and establish civilian oversight bodies. Oakland is far ahead of other cities in this process. But the 2016 Measure LL allowed for obstructions by the administration which must be corrected in this "Clean-up" Charter amendment. All of the changes in the Unity draft should be approved.
No other amendments should be allowed that will weaken or potentially destroy our police commission.
Residents who seek racial justice, police accountability and OPD reform are looking to you to show courage in the face of political opposition. Please do the right thing. Listen to the community's voices.
We need to dismantle OPD.
On June 5, my house in West Oakland put up a sign in our front yard saying, "Happy Birthday Breonna," in celebration of Breonna Taylor, a Black woman killed by a police officer in Louisville, KY. The next morning, we woke up to find glass shattered in our living room. Someone had thrown a rock through our window between 12am and 8am. We know this was an anti-Black attack, in response to our sign.
I immediately emailed Councilwoman Lynnette Gibson McElhaney and her staff, asking for resources for this hate incident. I stated our house *did not* want to get the police involved, because we *do not* want more unnecessary police presence in West Oakland, and we firmly believe that the police would protect the attacker. Councilwoman Gibson responded by email that we should file a police report and contact the police. I responded restating our position and have not heard since from her or Councilmember Kaplan, who I emailed as well.
Support us without the police.
The League of Women Voters of Oakland grieves the murders of George Floyd and other Black lives taken at the hands of rogue law enforcement officers who are rarely held accountable. We mourn those who have suffered from America’s pervasive culture of anti-blackness.
LWVO advocates for anti-racist policies and checks and balances such as are embodied in the Police Commission.
We support ensuring an independent IG and legal counsel. If Oakland voters support a measure, we urge that you quickly enact enabling legislation to allow it to fully and timely take effect. We believe current areas of oversight should continue subject to review. We support provisions that allow the Commission or the IG access to documents such as investigative and personnel records as permitted by law. Finally, we urge that the Commission be adequately staffed; receive necessary authority, support and training; and operate independently. The Council must act when the Commission or OPD proposes changes.
I support the proposed version of the ballot measure that was approved by a majority of the Police Commission and the Coalition for Police Accountability.
The other versions will not sufficiently increase the ability of the Commission to do its job.
I am concerned that the proposals use the term "budgeted" or "budget for" or "appropriate" for the wording of funding of the Commission. We learned from the Measure Y litigation that unless there is plain language in a ballot measure specifically stating that expenses will be paid, that words like "budgeted" and "appropriated" are unenforceable.
I’m also concerned that the proposals include escape clauses for reducing funding in the event of fiscal emergencies. We will enter a fiscal emergency if the Federal government does not help out very soon. But in times of fiscal emergencies that will further stress many residents OPD needs the oversight of a properly funded Police Commission even more than in normal times.
Len Raphael, CPA
Oversight can only be effective if it remains independent. Please vote in favor of a stong community oversight commission and continue the work of making the OPD accountable to the community they serve.
It is critically important that the role of the police be right-sized from its current overpowering position in the City of Oakland. One small piece of this is to have an independent and strong Police Commission, one led by people who firmly believe in police accountability and have the wherewithal to effectively bring about that accountability. The City Council and Mayor's office need to go further and adopt the remaining measures outlined in the 8 Can't Wait campaign that are missing from police procedure here in Oakland. We can and must do better.
This seems like a tiny step in the right direction. Please improve the independent oversight of OPD, and then, please DO MORE. We don't need police unions protecting their own as millions of black and brown people are harassed and criminalized in this country. We don't need teargas and arrests when young people risk their health and safety to protest injustice. We don't need dance parties met with snipers, and we don't need another murder. If bad policies or racist cops are putting people at risk, those policies or people need to go. If tax dollars are the issue, I'd rather pay for oversight than Urban "Shield".
When George Floyd was murdered we learned that his killer, Derek Chauvin, had a history of violent incidents including at least 17 investigations into him and 12 complaints.* Out of the officers who killed Breonna Taylor, three had been sanctioned for violating department policies, one was sued for excessive force for shooting a man during a traffic stop, another was under investigation for harassment, and planting drugs on suspects.*
Breonna Taylor and George Floyd would be alive today if those police departments held officers accountable. We need to give our police commission the power to investigate complaints, to discover patterns in officer behavior, and to take fire officers BEFORE THEY KILL PEOPLE. Let's not wait to take action. Give the police commission the tools they need to keep our community safe from violent cops.
Kia Simon
*https://theconversation.com/police-officers-accused-of-brutal-violence-often-have-a-history-of-complaints-by-citizens-139709