Oakland Observer Week Ending 7/16/2023: Chair and Vice Chair of Police Commission Sue Selection Panel, Chanin as Fractures Deepen; Last Council Meeting Before Summer Recess Has Likely Record of over 60 Consent Calendar Items

Oakland Police Commission Tension Continues in Fraught Process at Selection Panel; Milele, Jordan Sue Selection Panel

Interpersonal tensions and accusations continued to be a contemporary defining feature of the Oakland Police Commission [OPC] in a selection panel interview process Wednesday that often resembled a tribunal of inquiry. Rather than simmering down, tensions only seem to be mounting–two sitting Commissioners filed a lawsuit against the panel and its chair, Jim Chanin, for alleged conflicts of interest and biased processes this week.

Often Overlooked Selection Panel Wields Power of Reappointment

The Selection Panel’s interview process is meant to get further clarity on the final round candidates for the “community” appointed police commissioners–two candidates will be appointed in late July. The Mayor chooses three police commissioners and a selection panel of Council appointees ostensibly embodying a community selection process, chooses the other four, according to the charter mandated process. The selection panel is made up of nine appointed members, chosen by the eight Council Members and Mayor [one seat is currently vacant].

Though often overlooked, the Selection Panel has had increased visibility in recent months. Oaklandside reported that the Selection Panel had received only one current application in May, and in recent months the ongoing battle in the Police Commission has opened a new front in the selection panel, as four sitting Commissioners apply for reappointment. Since that time, the panel has received more applications, including from former City Council person and victim of police violence, Wilson Riles [who was interviewed in the second day of the two-meeting process].

Tyfarah Milele and David Jordan, the current Chair and Vice Chair, respectively, are both applying to be reappointed to the Commission. Their current terms end in October. Angela Jackson-Castain, a current alternate Commissioner, is also applying for a full-seat on the body, even though her current alternate term ends in October 2025. Karely Ordaz also terms out this October and is seeking appointment as a full member, but she was originally appointed by the Mayor, not the selection panel. She would be the first mayoral appointment to the Commission to be reappointed by the selection panel.

Milele and Jordan Speak Out During Panel Selection Process

During the meeting, broadcast live on KTOP and via zoom, both Milele and Jordan, selection panel appointed Commissioners who’ve applied for reappointment, made public several accusations of impropriety and undue influence on the panel. Jordan sent a letter to the selection panel members before-hand outlining his criticisms of the process; Jordan also said he was alarmed at the influence of the Coalition for Police Accountability [CPA]. The pretext for denying Jordan an interview for reappointment has been that his application was not robust enough, something Jordan claims is a smokescreen for a politically motivated snub influenced by members of the CPA and their allies on the Commission. Jordan, a widely praised Commissioner,  has authored and co-authored a number of high-profile OPD policy changes, such as the Militarized Weapons Ordinance, which he co-authored with former Commissioner Henry Gage and stewarded individual policy changes for it through a resident-participatory ad-hoc over several months.

Jordan attended the meeting and reiterated the criticisms from his letter during public comment, and accused some commission members, selection panel members and members of the CPA of deliberate "sabotage" of the commission under Milele. Jordan also noted that the panelists should have simply reviewed the public record of the Police Commission to evaluate his performance if they believed they didn’t have enough information in his application.

Milele, during her agendized interview, accused Chanin of profiting directly from the Negotiated Settlement Agreement [NSA] as the plaintiff’s attorney, and having a vested interest in maintaining it–something she said creates a conflict of interest for his role as Panel Chair. During her personal statement, she notified Chanin and the panel that she and others had brought a suit against Chanin, and the panel.

The suit, which was made available to this publication, is being brought by Milele, Jordan and former OPC member and Vice Chair, Ginale Harris. Named in the suit are Chanin, the panel as a whole, and Bas in her function as the City Council person who appointed Chanin. The plaintiffs seek the removal of Chanin and the staying of any appointment decisions made in this cycle–the lawsuit states the same concerns about Chanin’s dual role as lead plaintiff counsel for the lawsuit on which the NSA is based.

Chanin Has Been Vocal on Criticisms of Commission Process

Chanin has been vocal about his view that the Commission failed in its duties to carry out review and adjudicate discipline of former OPD Chief Leronne Armstrong. At a May 24th meeting of the panel, Chanin held the floor during an agendized review and discussion of the Commission’s performance that reflected some of the criticisms levied by Jordan, Milele and others.

“In my view the Commission fell on its face, didn’t act in time, didn’t make a decision. If they had made a decision, it’s very questionable that decision would not have been okay legally,” Chanin told panelists.

During the May 24 meeting, members of the CPA sat in the front row, with only one other member of the public present. Rashida Grinage, a principal in the group and critic of Milele, at one point, answered questions from panelist Lorelei Bosserman about the legality of Commission actions directly without asking for permission to comment–Bosserman is also a member of the CPA. The CPA’s Cathy Leonard used the public comment period for the discussion on Commission performance to advocate that Milele resign from her chair position.

Despite the agenda item having been agendized as a discussion of Police Commission performance, no one but Chanin opined on it and no other panelist spoke, giving the item the appearance of a report and instructions from Chanin, not a discussion. Chanin also said that he believed Thao’s action to fire Armstrong salvaged the OPD’s prospects of ending NSA oversight–an outcome he said he seeks.

“It’s time for the NSA to end, we all want it to end, but if there was no discipline after a case was sustained, and there was no decision not to impose discipline, just no decision at all, that would have been a very strong argument for us to stay even longer…the mayor saved the day, whether you like her decision or not,” Chanin told the panel, none of whom responded.

Panel Interviews Reflect Concern About Commission Performance on Armstrong

Chanin, for his part, brought specific queries mirroring those critiques in his interview of Milele and other current Commission members seeking appointment. In the interviews, Chanin asked questions of the sitting Commissioner applicants that reflected his critiques–and those of the CPA–including the Commission’s timeline to pursue a discipline process and the failure to bring the CPRA into the investigation or issue subpoenas for necessary records.

During her interview, Milele and Chanin often sparred. At one point, Milele told Chanin that he knew about the allegations against Armstrong before the Commission did, and that the Commission only discovered them via media due to not being a party to the NSA suit.

“The Commission was not aware that Armstrong was under investigation until we found out through the press, in an article where you were quoted having already known that this was happening, but nobody let the Commission know until January, through the press,” Milele said.

Milele defended the Commission’s actions, which she said were based on advice of the body’s counsel, and often refuted Chanin’s version of events. Milele disputed Chanin’s claim, for example, that the Commission only had 30 days from the time of the completion of the Clarence, Dyer investigation to pursue discipline for Armstrong–she said that Armstrong could be fired for any reason because he is an at will employee, and thus the requirements of the discipline process for OPD employees didn’t apply to him*.

Milele also defended the Commission’s convening of a discipline committee, arguing it was grounded in legal counsel opinion. Both Chanin and the CPA dispute the OPC counsel’s interpretation and have criticized the move.

“I know that you disagree, and I know that the CPA disagrees, but we have attorneys, thanks to Measure S1, who informed us of this and we acted on our attorney’s advice. And I am sorry that you disagree, but I don’t understand why your disagreement with the law determines whether or not I should serve on the Police Commission,” Milele said.

“The City Attorney disagrees with you,” Chanin responded.

“Which is why we have our own attorney, thanks to Measure S1, because the City Attorney represents the police department and that is a conflict**,” Milele fired back.

The terse exchange ended with Milele admonishing Chanin to use her doctoral title after Chanin referred to her as Ms Milele, a request she said she’d made of him “five or six times.”

Jackson-Castain, Ordaz Shrug Off Responsibility for Perceived Commission Failures

Later, during the interview for sitting alternates, Jackson-Castain and Ordaz, the two shifted responsibility in those decisions and claimed to not have a role in any of what Chanin and CPA members have characterized as failures. Jackson-Castain told Chanin in response to his questions that she was told the Commission was “chair-driven” and those decisions were made “unilaterally”. But Jackson-Castain also claimed to be unaware of information that was discussed in open session at a meeting on June 22 and is in the public record–such as the headquarters location for the search firm for the Chief position and the fact that the agency was chosen because it is already on retainer with the City and well-regarded. Ordaz also responded in a way that similarly removed her from responsibility for any perceived failures.

Panel Neglects Questioning Ordaz About Her Time in Schaaf Inner-Circle

Ordaz for her part boasted that she had worked closely with Oakland police while she was a mayoral aide to Libby Schaaf, but she received no questions about those years in Schaaf’s inner circle. Ordaz was in Schaaf’s cabinet during the Celeste Guap scandal and when the OPD killed Joshua Pawlick–two benchmark issues instrumental in diverting OPD in its path to exiting NSA oversight. Schaaf was widely seen as sidestepping responsibility and diminishing the impact of the rape scandal; and was criticized by the NSA Monitor Robert Warshaw for inaction and silence after Pawlik’s death at the hands of OPD, which she called “awful but lawful.” The first empaneled police commission and members of the CPA also accused Schaaf of trying to undermine the establishment of the Commission through various means while Ordaz was a member of Schaaf’s cabinet.

It would have been the Selection Panel’s first opportunity to ask Ordaz such questions because she was a Schaaf alternate appointee.

Jackson-Castain's "Travels" Would Require More Generous Teleconferencing Rules Than Currently Exist

During the interview, it was revealed that Jackson-Castain currently spends a great deal of time co-living in another area–one panelist suggested it was London, but Jackson-Castain declined to discuss the locale. Chanin and others asked several questions about Jackson-Castain’s ability to attend meetings.

Jackson-Castain responded that she hopes that hybrid meetings will be put in place, and said that Milele was holding up that process, although the City Administration has ultimate control. Council President Bas addressed the issue during a Rules committee meeting last Thursday when it came up in the context of the Police Commission, and told members of the public that the issue was primarily a lack of resources. Panelists also seemed unaware that the Brown Act and new state law on teleconferencing prohibits Commissioners from attending meetings via teleconference outside of very specific and limited circumstances, even with hybrid meetings. The OCA's information officer confirmed to this publication that these rules apply to the Commission. It’s unclear if the panel knew that Jackson-Castain lives part time in another area when she was originally appointed to the alternate role. At one point, Panelist Rickisha Henderson asked fellow panelists to stop asking about Jackson-Castain’s ability to attend meetings while living part time in another locale.

“I don’t want her penalized because she has a different set up than what’s traditional for most people…I just feel like we shouldn’t ask any more questions about it.”

Jackson Castain thanked Henderson for ending the line of questioning.

When asked what they would look for in an ideal chief, both Jackson-Castain and Ordaz responded that they would basically search for a Chief like Armstrong.

*Measure S1 updated the language for the Commission’s power to fire the Chief of Police. However, the charter language only requires a process for notification, substantiation and findings for a “for cause” dismissal without the participation of the Mayor. The Commission must only vote to adopt findings for cause, but no other process is required according to the charter language. Even though Mayor Sheng Thao mentioned the thirty day timeline in her rationale for the timing of her decision, she fired Armstrong without mention of the findings or the disciplinary process, using only her power to do so because Armstrong is an at-will employee who she had lost confidence in.

** The issue of Commission independent counsel took up a large part of the Commission’s time in the early years of the first iteration of the body. At one point, then-commissioner Edwin Prather publicly accused City Attorney Barbara Parker of undermining and sabotaging the Commission. One issue for the Commission then, which had to rely on advice from the City Attorney’s office, was that attorneys from the Office of the City Attorney did not observe attorney-client privilege, and were duty bound to report all closed session conversations with the City Attorney, who officially represents the City, including the Oakland Police Department.

*** It should be noted, Milele was not advanced for further consideration by the panel at the meeting.

At Council This Week:

The last meeting of the City Council before a month long summer recess is packed, and will start two hours earlier than normal to accommodate the full agenda. Over 60 items are on the Consent agenda, as a cause of passage through a subject matter committee. That could be a record. Here are some of the more relevant issues coming before Council Tuesday.

Two Settlements for OPD Violence Totaling $800K

Two separate settlements that were approved by Council in closed session come to full council for passage. In one case, an OPD officer struck Makayla Brown in the face during an alleged looting of a store in 2020, leaving her with permanent injuries. In the other, police fired tear gas at a first amendment assembly, causing the indirect injury of a local reporter, Timothy Michael Ryan.

Salary Ordinance for the Mayor

After largely misleading reporting by local media corporations, a whereas clause in the legislation has been changed to make it clearer that the Council is both required to set the salary and that the salary itself must lie within 70 to 90% of a formula of the salaries city managers of roughly equal-populated California cities. During Rules last week, Bas moved the item to the Non-Consent Calendar. The second reading of another item that will increase the salaries of the City Auditor and City Attorney are also on the agenda and also Charter-mandated. The Council has no discretion on the amount in those, which are set by the Public Ethics Commission.

Brooklyn Basin Community Facilities District Changes

The item that will amplify the community facilities district after a future public hearing had been advanced from committee.

Illegal Dumping Cameras

The OPW will present its first annual report on the usage of the cameras. The department says that they aren't as useful as they could be without Automated License Plate Readers, because the video from the cameras doesn't resolve well enough to view the plates. OPW has gone to the Privacy Advisory Commission for an approved ALPR use policy.

Library Commission Changes

Oakland’s Library Advisory Commission will become the Oakland Library Commission, with some other changes–like oversight, but not control, over Measure Q funds and lightened quorum requirements for the 15 member body, allowing it to convene with as few as 5 members.

Vacancy Tax Settings

Setting vacancy taxes, a requirement of the measure that imposed the structure. The taxes have at least ten exemptions to shield homeowners who keep their properties empty for reasons of health, disability, age and other problems. The taxes are about 5 MM yearly, but must be transferred from the Alameda County assessor's office, which collects them along with yearly property taxes and thus sometimes are either delayed or not collected all.

Coliseum Connections Relocation Assistance

Council will again revisit the continued displacement of Coliseum Connections tenants. Council has allocated over $3 MM in funds to pay for  hotel stays and help relocate tenants, the latter were payments Urban Core was required to make. It's founder and director, Michael Johnson has argued he is not required to even though the City awarded Johnson another $300 k to cover repairs contingent on doing so. The City will now give another $650 K [for a total of $1.4 MM] in funds from various affordable housing funds, with waivers so that market rate tenants can use the funds to relocate. The repair date for the residence partially funded with City of Oakland affordable housing funds, has been pushed back twice already, first in May, then in June. A city report forecasts that the repairs may continue into fall.

Mayoral Appointments

Several commission and board Mayoral appointments will be brought to the Council for ratification, including:

Port Commission: Jahmese Myers And Stephanie Dominguez Walton. Myers has a long history of involvement in labor with EBASE and other groups, and was also a Planning Commissioner. Dominguez Walton was a candidate for District 1 against Dan Kalb, in a controversial campaign that has been criticized as superficial and antagonistic. Walton has been the director of strategic partnerships for Planned Parenthood Mar Monte for the past year and before that worked in radio advertising.

Sugar-Sweetened Beverage Distribution Tax Community Advisory Board: Nile Taylor, Courtney Jones, Lisa Herrinton, Ali Obad, Michelle Wong, Dwayne Aikens [all reappointments]

Landmarks Preservation Advisory Board: Maria Katticaran and Geoff Bomba and Craig Rice [reappointment]

Police And Fire Retirement Board: Jaime Godfrey And Walter Johnson

Housing, Residential Rent And Relocation Board: Kara Brodfuehrer [Landlord Representative], Christopher Jackson [alternate Landlord Representative]

OPD MOUs with Federal Agencies

OPD's memorandums of understanding that allows the police to operate more closely with DEA, Marshals and ATF come before Council.