Here's some headline highlights from tomorrow's Council meeting. More to come on significant legislation based on tonight's outcomes.
Former OPC Chair’s Lawsuit Settlement Ensures Selection Panel Members Won't Overstay their Term
A settlement with former Oakland Police Commission Chair Tyfahra Milele, Vice Chair David Jordan and former Commissioner Ginale Harris will be considered for for approval by the City Council on Tuesday. The settlement comes after a suit by the three against the City, former Selection Panel Chair Jim Chanin and the Selection Panel. The three have termed out of service on the OPC.
The suit argued that Jim Chanin’s continued role after five years on the OPC Selection Panel violated the City of Oakland Charter. The Selection Panel is the charter-mandated body that chooses non-Mayoral appointees to the OPC. The Panel is appointed by a combination of City Council members and the Mayor. The suit also argued for a preliminary injunction to prevent the panel from naming new Commissioners, but the court declined to grant it.
In the suit, the three claimed that Chanin's role in the Delphine Allen case at the heart of the NSA oversight creates a conflict of interest for his role at the Panel, and that he acted arbitrarily in the role. Chanin opposed the re-appointment of both Milele and Jordan and neither were selected for reappointment to the Commission last year, likely due to his influence.
Chanin, who filled the role of Chair on the Panel until early 2023, sat on the Panel for nearly 6 years by the time he left the position several months after the suit was filed. During this time, Chanin’s appointer, Council President Nikki Fortunato Bas, had said she struggled to find someone qualified to serve in his stead on the Panel, and that Chanin had agreed to stay on in the meantime. There is, however, no Charter process to allow a panelist to remain on the body past five years. The Charter intent is that the panelist vacates the seat after five years, and the seat is filled by the appointing entity, or, if they fail to do so in a required period, by the Selection Panel members. The Charter also would have required the Selection Panel to select a replacement for Chanin when Bas failed to do so after this term ended, but the Panel did not, and in fact, elected Chanin to the role of Chair. Bas said she that at least one suitable candidate had backed out after agreeing to sit on the Panel.
The settlement requires the Selection Panel to add rules in their procedures that would ensure the charter process–including preventing a panelist from serving longer than five years, and creating a vacancy if no replacement is chosen by the appointing entity—is followed in every case. The terms of the settlement were not initially available on Tuesday's agenda, but were added after a public records request by the Oakland Observer.
Settlement for Officer at Heart of Celeste Guap Whistleblowing Settles for 50K in Employment Practices Suit Before Council
Council will vote settling the case of Mildred Oliver, the IAD officer who arguably set off the public revelation of the Celeste Guap scandal. Oliver sued the City in 2019, arguing retaliation against her as a protected whistleblower whose investigation initially brought the basis of the Celeste Guap revelations to the attention of the NSA court. In her suit, Oliver contends that she and another investigator were prevented from categorizing the investigation–which included potential statutory rape and homicide–as a criminal matter, and that she was scapegoated by fellow officers, superiors and even the City Administrator for her primary role in the case.
The harassment, according to Oliver, followed her to every subsequent assignment—including falsely leaving sole responsibility for the failure to apprehend a lone shooter in the Oakland hills in 2019 after she was transferred to patrol against her wishes. Oliver filed an Equal Employment Opportunity Commission complaint, but was eventually demoted by former Chief Anne Kirkpatrick and later suspended. Oliver eventually sued the City for gender and race discrimination, a hostile work environment, retaliation and whistleblower retaliation. The settlement is for $50K, only, however. Mildred retired form OPD in 2019.
Jack London Inn Emergency Homelessness Services Program
As the City's Homeless-Elder and medically vulnerable focused Lake Merritt Lodge intervention comes to a close, the City is moving with haste to execute a new $6.8 MM agreement with Housing Consortium of the East Bay [HCEB] to presumably house the same group of homeless residents at the hotel after its been converted for the purpose. The Jack London has 110 rooms, several more than the 82 unite LML site and the report indicates that the former Chicken and Waffles restaurant adjacent is empty and can be used as a community space and is included in the rental amount. The $6.8MM is for a year's lease of the facility.
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