Police Commission Continues to Stumble; Council Approves Flock ALPR; Council Committees Roundup

Police Commission Continues to Stumble After Month Long Boycott by Commissioners

A published Oakland Police Commission [OPC] special meeting agenda was removed from the City’s website and replaced by a special meeting on a different day with a different agenda by direction of a Commissioner who apparently had no authority to do so last week. The actions happened during a week of events that continue publicly visible instability at the independent police oversight body as the body transitions with two new members and new leadership.

The special meeting that was deleted had originally been scheduled for October 19 by former Commission Chair Tyfahra Milele as one of her last acts as Chair before her term on the Commission ended on October 16. The Oakland Observer reviewed an internal email chain of exchanges sent October 13 between Commissioners and staff that confirms the agenda for the originally scheduled meeting had already been published. The internet address for the agenda is still active, though not visible on the OPC website page and can be viewed here.

Questionable Actions in Days After Milele's Term Ended

According to statements made to the Oakland Observer by knowledgeable sources, after Milele's term ended, Commissioner Regina Jackson apparently somehow directed the removal of the agenda, deleted the scheduled meeting date of October 19, and replaced it with her own for a special meeting to be held on October 20. The October 20 meeting was initially chaired by Jackson, who claimed that other Commissioners had requested she temporarily chair the body. The Commission's legal counsel did not appear to be present at the meeting.

During her introductory comments on the dais, Jackson also confirmed that the October 19 agenda had been posted, but brought very little insight into how it came to be removed without notice or who made the decision to supersede it, given that the body had no Chair or Vice Chair in the interim.

“There was an initial agenda posted for October 19. There was another agenda posted on the 17th, which identified and superseded a lesser number of items, and so that’s the agenda that we’re going to move forward with today,” Jackson said.

According to the OPC’s Rules of Procedure, only the Chair or a quorum of Commissioners can call a special meeting—and a quorum of Commissioners can only make decisions during a duly noticed meeting.

The Oakland’s Sunshine Ordinance, which governs OPC operations as a chartered Commission, has similar rules for the scheduling of a special meeting as well as its cancellation. The cancellation, per Sunshine Ordinance, should have been posted on the site in the same way it had been noticed. But no sign of the previous meeting is visible on the OPC website.

In the email chain, Milele explained to other Commissioners that her goal in directing the publication of the October 19 agenda was fulfilling her due diligence as outgoing Chair. Milele argued that there is no authority in the OPC’s rules to schedule meetings or add items to the agenda without action from Chair, Vice Chair or a quorum of Commissioners. The Commission could not achieve quorum for a month starting in September due to the ongoing stated boycott by Commissioners Jackson, Marsha Peterson and then-alternate Commissioner Karely Ordaz.

Former Chief of Staff Kelly Yun apparently also posted the October 19 agenda content for a regular meeting scheduled for October 26, in case Commissioners could not attend the October 19 meeting. Milele wrote on October 13, explaining the two meeting times and duplicate agendas:

“...the 10/19 agenda was provided as a courtesy to the commission, allowing for an opportunity to meet and select a new chair as soon as possible. I did not direct any meeting for the 26th of October. However, given that the agendas for both dates are identical, it appears (and Kelly substantiates) that the intention was to provide the new commission with two possible meeting dates to ensure its smooth functioning. Without these provided notices and agendas, the charter offers no other legal method to convene a meeting. Given that there will be no chair as of October 17th, there would be no individual with the authority to set the agenda.”

Yun confirmed that the goal of the meeting schedule and agenda placement by Milele was to ensure a sufficient bridge for the Commission to elect new leadership and catch up on the work of the Commission that had been overlooked over the past months due to the Commissioner boycott. Yun also pushed back against what appeared to be an attempt by Jackson to direct her work. Jackson had apparently intimated that Yun should demand Milele provide an "exit memo" to the body. Yun also appeared to level an indirect admonition to continuing Commissioners to “prioritize people over power”.

“You'll note that the two agendas are identical and a compendium of outstanding items from recently canceled meetings. Further, once a new Chair is elected, the incumbent may revise the October 26th agenda and table items in compliance with the Brown Act. The long and short of it is that the Commission needs to have a meeting in order to elect a Chair, and this was facilitated - not abused. Understandably, I do not hold any authority over the Chair and would not be able to confirm a request for an exit memo. In lieu of such a memo, I'd encourage reviewing the recordings of past meetings and minutes to catch up on the issues at hand. As today is my last day with the city of Oakland, I urge our community leaders to be the change they wish to see in the world — please prioritize people over power and lead with compassion.”

The October 26 meeting remains on the site and contains the same agenda as the removed October 19 meeting.

A Commissioner's Resignation Leaves OPC at Quorum Minimum, Chief of Staff Departure Leaves OPC Bereft of Staff

On October 14, as first reported by the Oakland Observer, Commissioner Rudy Howell tendered his resignation to former Chair Milele, leaving the OPC with five Commissioners, the bare minimum membership for quorum*. Howell had been a member of the previous ad hoc hiring committee and had often been in conflict with Jackson, Peterson and Ordaz. The plainly viewable evidence that Jackson directed the creation of the October 20 agenda is, in fact, in the agenda-posted email chain detailing Howell’s resignation—it includes Jackson’s direction to an Office of the Inspector General staffer to place the item on the agenda for the October 20 meeting. In the email, Jackson uses the title 'Chair Emeritus" which is not reflected in any OPC rules or in the Charter. Howell tendered his resignation to Milele on Saturday, October 14, while Milele was still Chair.

During the October 20 meeting, Ordaz nominated Peterson for the Chair position and Peterson won by unanimous vote; Ordaz was nominated as Vice Chair and also got the seat with a unanimous vote. After her nomination to Chair, Peterson announced that she would be appointing Jackson, Ordaz and herself to the hiring committee entrusted with oversight of the Chief search and that she would revise the schedule for the hiring process. Milele, Howell and former Commissioner David Jordan had been the previous three members of that ad hoc.

There will be a new vote for Chair and Vice Chair as required by the Charter in February. During the meeting, the Commission seemed at a loss for determining how to seek a new alternate member, as Ordaz's former role as Mayoral alternate would have to be appointed by the Mayor. Commissioner Jackson noted that Alternate Commissioner Angela Jackson-Castain had not responded to attempts to contact her. Jackson-Castain would have to be removed or resign before the Selection Panel could propose a new alternate.

Instability Extends to OPC Selection Panel

The ongoing political repercussions of the last several months also played out in the OPC Selection Panel last week, as Jim Chanin was replaced on the Panel on October 19 by D2 CM Nikki Fortunato Bas**. Dueling statements were issued by Bas and Milele, David Jordan and Ginale Harris—plaintiffs in a suit that sought to remove Chanin from the Panel—concerning Chanin’s departure. On October 19, the group of litigants published a press release that claimed that Bas had removed Chanin as a result of pressure from the litigation.

In an email response to Oakland Observer, Bas said that she had been unsuccessfully seeking a replacement for Chanin, who had termed out in May 2022, with three candidates eventually opting out of the process over the year and a half span. Bas said that David Kakishiba, a former candidate for Alameda County Board of Supervisors, had ultimately agreed to the role and she appointed him on October 19.

"I began seeking a new appointee to fill the District 2 seat on the Police Commission Selection Panel in early 2022. At that time, Mr. Chanin agreed to continue to serve as a holdover for up to a year, while I searched for a new appointee, to help ensure the Selection Panel could continue its important work. Over the last year, I engaged with three potential candidates who were unable to make the commitment for various reasons, before I ultimately engaged with David Kakashiba,"

Oakland's City Charter seems to put a “maximum” time limit on service in the Selection Panel of five years, but Chanin served for over 6 years before being replaced last week. The Charter mandates that should the Council Person fail to place a new appointee after the 5-year term expiration within 120 days the Panel itself chooses a new panelist.

Each year the Mayor and each Councilmember may replace their assigned person on the Selection Panel. Selection Panel members may serve up to five (5) years. Upon a vacancy on the Selection Panel, the Councilmember who appointed the Selection Panel member (hereinafter referred to as the Appointing Authority) shall appoint a replacement. If the Appointing Authority does not appoint the replacement within one hundred and twenty (120) days of the date of resignation, removal or expiration of the Selection Panel member's term, the Selection Panel, by a two-thirds vote of those present but by a vote of no fewer than five (5) Selection Panel members, shall choose a replacement for the vacancy. All such replacements must be confirmed by the City Council.

Though its not clear why the Selection Panel did not take up the appointment issue, Chanin was the Chair of the body during this time.

The Oakland Observer reviewed an email sent by the Oakland City Attorney's Office to the plaintiff's attorney which lends some credence to the plaintiff’s version of the events. The email was sent on October, 19 the same day as Kakashiba’s placement and makes an aggressive request for the attorneys to amend their lawsuit since Chanin no longer holds the seat.

"I write to inform you that as of this morning, David Kakishiba is the district 2 representative for the Selection Panel and Jim Chanin has concluded his service. Given this, we contend that any request that Mr. Chanin be removed from the Selection Panel is moot. When do you expect to be able to provide us with a copy of your proposed amended complaint?"

*Angela Jackson Castain, the only alternate currently serving the Commission, has not attended a Commission meeting since she was passed over for full Commission placement–and given revelations that she spends a significant time living in London, it does not appear that she can fill any role in the Commission now that remote participation is no longer legally allowed. Jackson-Castain has missed 12 back to back meetings.

**The eight Council members appoint members from their district, including city-wide for At-Large, to the Selection Panel. The Mayor appoints a ninth member.

Council Approves Flock ALPR Program, With Ongoing $900K/year Cost

In a short deliberation Tuesday, the Oakland City Council unanimously approved a program to place 300 Flock Automated License Plate Reader [ALPR] devices on city streets. The legislation accepts and allocates a $1.2 MM State loan and approves a $2.8 MM three-year contract with Flock for the ALPR video capture devices, which are owned by the company and will be leased by the City. The legislation also approved a use policy with a 30 day retention period for images and data that are not related to ongoing investigation and an annual audit report.

The Flock contract will require additional funding in the next year—about $600K to patch the remainder of the state loan funds in 2024—and $900K per year thereafter for the lease of the devices and ongoing support service from Flock.

Notably during the Council member discussion of the system and legislation, D1 CM Dan Kalb observed that the City’s previous iteration of vehicle-mounted ALPR devices was “never productive to begin with." Lt. Omar Daza Quiro, OPD's representative at the meeting, did not rebut the comment.

Both CMs Nikki Fortunato Bas and Carroll Fife sounded a note of caution about potential efficacy of the new ALPR system.

“I think there’s a lot of high expectations about what technology can potentially do to help us solve crimes and to reduce our crime rate, there’s no panacea...and so I do want to make sure we’re very clear about what data exists in regard to effectiveness,” Bas said.

Bas received limited answers from Flock representative Josh Thomas who attended and spoke at the meeting.

“The two examples from the Bay Area I have are from Benicia—they have a ten year average of about 500 part one crimes per year, they have seen that reduced by 12%. South San Francisco Police Department is also using Flock Safety ALPR’s— they said they have seen auto burglaries go down by 80%, stolen vehicles have gone down by 50% in the five months they have been using our technology,” Thomas said.

Both cities are a fraction of the size of Oakland, however. The data for South San Francisco could not be verified by this publication—a staff report published in July to the South San Francisco City Council shows different data.

Fife struck a note of skepticism about the potential for the system and noted that OPD has often asked for technologies it later doesn’t even use.

“I’m going to want to know that this investment in community safety is actually making us safer. Because oftentimes we invest in things that make us feel safe, but don’t get us closer to that. And we end up spending money like we did on Starchase with technology that we don’t even use and so I want to get away from that and invest money where it will actually have an impact,” Fife said.

Starchase is a propellant-launched tracking system OPD requested under former Chief Anne Kirkpatrick. The $172K system was installed on 30 OPD vehicles by 2021, but was only used twice [the system failed in operation the first time; the occupants of the pursued vehicle stopped and removed the tracker in the second]. The contract with Starchase was not renewed, although the system remains installed on the vehicles.

Bas added direction for the OPD to return within three months after the system goes live with a report focused on efficacy and use. The amended legislation was adopted with a unanimous vote, which included Noel Gallo, who is often absent for Non-Consent votes.

It became clear from statements made by Daza-Quiroz that designated placement sites for the devices have not yet been concretely chosen. Daza-Quiroz was unable to give either a timeline for installation or list of sites for placement when asked by Council members.

"...the question of how fast? I'm truly not sure...[DOT] is trying to figure out if there are already set infrastructures in place [for the units]...is it going to take 10 months? I don't know."

The OPD report to Council states that the system placement could take up to one year. Though CM Treva Reid asked staff about the potential timeline for repayment of the loan, and terms, her question went unanswered.

Though the requested number of Flock units is 300, the OPD will be able to make use of data from any non-OPD Flock system user that opts-in to OPD use, making the potential area of capture much larger.

State of the City Returns to Council Chambers in Post-Schaaf Shift From Off Site Events

Mayor Sheng Thao broke with the tradition of the Schaaf administration Tuesday when she gave her Charter-mandated address to the City Council and assembled public in City Council chambers. Former Mayor Libby Schaaf had held a muted event at Council for several years running, while publicizing an off site event with no Brown Act required public participation.

States of the City are generally the presentation of a political platform often eliding and exaggerating realities, or claiming credit for things that began in other administrations. The statements are not policy proposals or commitments to enact policy, and thus, the Oakland Observer did not analyze the statements contained in the address, although you can read live reporting in the Twitter thread below.

You can read an outline of Thao’s State of the City here.

City Council Committees Preview

Finance, Tuesday 9:30am

-The Committee will review Oakland’s PFRS’s Investment Portfolio

-New Employment Classifications

-A regular report on on all purchases & contracts authorized by the City Administrator, within the OCA's Contract authority for 2022-23

-As well as An Informational Report On The Status Of Implementation Of The Slavery Era Disclosure Ordinance

Public Works & Transportation, Tuesday 11:30am

Big Additions to Parking Fees and Free Parking. Legislation brought by the Department of Transportation accepts a $1.5 MM grant from the Metropolitan Transportation Commission, but has several changes to the City’s code regarding parking: it adds new definitions and fines for parking in/on bike/ped safety “traffic island”; expands parking meter areas throughout Oakland; increases fines for parking in bike lanes, crosswalks, sidewalks and in traffic lanes. The grant and a matching fund from Measure BB will fund two staff members to oversee parking fee expansion and to build out additional paid street parking kiosks and spaces.

Community and Economic Development, Tuesday 1:00pm

The CED Committee meeting has been moved up from its usual time of 1:30pm, to 1:00pm.

-The Economic and Workforce Development Department is asking Council to approve direction to execute several contracts for Real Estate, Title and Escrow services totaling $3.5 MM over a five year term.

-Housing And Community Development Department [HCD]is asking Council to extend and amplify several on-call consultants for work in affordable housing planning and provision services that the HCD offers. The grants for 5 consultants would be extended into 2026, for a total cost of $500K over that period.

-HCD is also bringing a 2023 Homekey recommendations and a request to create an already budgeted Rapid Response Homeless Housing Program. The CED Committee will consider three complimentary legislative items centered on the Homekey funding system instituted by the State of California in 2020. Each year, Homekey accepts grant applications from cities and organizations for deeply affordable housing and conversion of existing housing into deeply affordable units.

The City of Oakland has successfully won funding for projects for several years running and is waiting on word on five projects it applied for, along with third party developers, in early 2023. This legislative package would direct the City Administrator to proceed with any of those projects that receive funding. The legislation also attempts to get a head start on the application process–which is first come, first serve. The legislative report notes that the City has often lost out on funding even though it met application deadlines because other applications were received by the State Housing and Community Development Department ahead of Oakland’s applications.

The legislation would also create an Oakland “Rapid Rehousing” funding program designed to complement Homekey—and replace it in the eventuality that the Homekey grant program ends in coming years. The 2023-25 budget established a funding source for the program using “boomerang” funds and Low-and-Moderate-Income Housing Asset funds. The program anticipates using Permanent Local Housing Allocation Program funds from the state for ongoing operations.

With the passage of the legislation, the program would launch alongside the push to solicit and accept applications for an anticipated 2024 Homekey grant application process.

Life Enrichment

Kaplan is bringing legislation that will name Oakland’s Lakeshore district a LGBTQ Cultural District, with a direction to focus efforts on beautifying streets, activating business and marketing the area for tourism. The legislation alone will not bring funds, or create a body to oversee a district, or BID, however.

Public Safety

-Kalb is bringing legislation prohibiting City contracts with scofflaw firearms dealers. Kalb’s legislation would prohibit the City from buying weapons and equipment for OPD from arms dealers that have either open cases with the ATF, do not comply with existing laws, or do not have substantive policies in place to prevent “straw buys—firearms purchases by individuals that meet legal requirements but are for illegal resale.

-The DVP is bringing a request for a CalVIP Grant, which would bring an additional $9K for mental health services for community frontline workers in DVP’s violence prevention work. But the legislation also seeks to use about $300K in salary savings to create a new administrative position to oversee the work of community front line workers