CITY OF OAKLAND—Would amend Oakland's City Charter to: (1) create an Office of Inspector General to review and report on the Police Department's and the Community Police Review Agency's (CPRA's) practices regarding police misconduct, and allow the Police Commission (Commission) to hire and remove the Inspector General; and (2) change the Commission's and the CPRA's powers and duties, and allow the Commission and the CPRA to hire their own attorneys independent of the City Attorney. Measure S1 requires a simple majority (50% + 1) to pass.
Fiscal Impact: Would require the City Council to adequately budget for the Commission, the Agency, and the office of the Inspector General to function effectively, and these budget allocations would be part of the 2021-23 budget.
Next Alameda County Measure: Measure V
Pro:
Proponents of Measure S1 argue that Oakland residents want effective and independent oversight of the Oakland Police Department (OPD), which is essential to accountability, community safety, and public trust. They argue Measure S1 will ensure: effective monitoring, analysis, and implementation with an independent Inspector General; the ability to receive independent unbiased legal advice; a pathway away from federal oversight of the OPD, coupled with long-term authority to research and propose policies to ensure true constitutional policing; and necessary access to all relevant information related to misconduct.
A YES vote on this measure means: The powers, duties, and staffing of the Oakland Police Commission and the Community Police Review Agency would change, and the Office of the Inspector General would be created to review the policies of the police commission and review agency.
Con:
No argument in opposition to Measure S1 has been submitted.
A NO vote on this measure means: The powers, duties, and staffing of the Oakland Police Commission and the Community Police Review Agency would not be changed, and the Office of the Inspector General would not be created to review the policies of the police commission and review agency.
In Depth:
The main components of Measure S1 are:
Office of Inspector General. The measure would amend the city charter to create the Office of the Inspector General (OIG). The director of the Office of Inspector General would be hired by the Oakland Police Commission. The director may be terminated with an affirmative vote of five members of the commission after adopting a cause for termination. The director would be authorized to hire and fire staff. The amendment gives the commission, OIG, and Community Police Review Agency access to the same files and records, including the Department's Internal Affairs Division files and records. The OIG is responsible for reviewing lawsuits, complaints, and investigations involving the police department and agency. The OIG is also responsible for reporting on their audits of the police department and agency to the commission.
Community Police Review Agency. The measure amends the budget and staffing section increasing the number of full-time legal advisors for the Community Police Review Agency to two. The amendment requires that the city auditor perform a review of the agency at least once every three years. The amendment also prohibits the city administration from managing the agency. The amendment requires that the agency's director must submit written findings and proposed discipline within 48 hours of completing an investigation. Currently, the agency is required to have one line investigator for every 100 sworn officers in the police department. The agency was created with the passage of implementing ordinances in 2018 for Measure LL (2016).
Oakland Police Commission. Currently, the Oakland Police Commission consists of seven regular members and two alternate members serving three-year terms and serving no more than two consecutive terms. Members cannot be sworn police officers, current city employees, former police department employees, and current or former employees of associations representing police officers. The members are appointed by a selection panel consisting of members appointed by the Oakland City Council and mayor. The amendment would change how the city council fills vacancies on the selection panel. The amendment would also allow commissioners to be suspended by an affirmative vote of at least six members of the city council. Commissioners may be removed by a majority vote of the commission for felony convictions and other certain misdemeanors.
The amendment requires that the city auditor perform a review of the Oakland Police Commission at least once every three years. It also prohibits the city administration from exercising "managerial authority over Commissioners." The amendment prohibits the commission from issuing subpoenas to investigate any city employees other than police officers. It also allows the commission to contract with attorneys on any of its powers or duties. The amendment requires that the chief of police or a designee attend commission meetings. It also prohibits the interim chief of police from also holding non-sworn employment with the city or an elected office.
The amendment allows the commission to convene a discipline committee to investigate cases involving Level 1 uses of force, sexual misconduct, or untruthfulness when the agency or the police department has not completed an investigation within 250 days of the filed complaint.
Currently, the commission may propose changes to policies and procedures of the Police Department. Under the amendment, the city council must approve, modify and approve, or reject the proposals within 120 days of the commission's vote on them. If the city council does not take action on the proposals within that time period, the changes go into effect as is. The commission is also responsible for reviewing all policy changes proposed by the Police Department. If the commission rejects the proposed change, the change will then be considered by the city council. If the city council does not act on the proposed change within 120 days, the commission's rejection becomes final.
Currently, the Oakland Police Commission has the power to subpoena books, papers, and documents related to investigations of police officers concerning excessive use of force and other misconduct complaints. The commission is also responsible for reviewing the department's budget and holding one public hearing per budget cycle. The commission may hire or contract attorneys and are responsible for responding to any filed petitions or injunctions against the commission.
Source: Impartial Analysis of Measure S1
Official Resources
Alameda County Elections Office
Campaign Finance Information
Nonpartisan Analysis
Oakland, California, Police Oversight and Inspector General Charter Amendment (November 2020). Ballotpedia.