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Agenda Item
5 20-0140 Subject: Ballot Measure Amending Powers Of The Police Commission
From: Council President Kaplan And Pro Tem Kalb
Recommendation: Adopt 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
My recommendation, is that Commissioners having unprecedented power should also be elected by the residents in the City of Oakland, ensuring their true representation of its residents.
Communities United for Restorative Youth Justice (CURYJ) opposed unless amendments are accepted. The other option is for council to continue this item. Continuing the item will still allow sufficient time for meet and confer to occur and still get back to the Council in time for it to be placed on the November ballot. There are serious problems with the current draft.
We can not support the adoption of this draft unless the amendments are accepted. Most especially, the issue of who pays for defending the Commission in litigation – it cannot come out of the Commission’s budget. This was a change from the previous draft!
We simply cannot afford to pass a ‘clean up’ that does not address all of the outstanding issues and, even worse, creates new problems The current draft does both of these things.
Communities United for Restorative Youth Justice (CURYJ) opposed unless amendments are accepted. The other option is for council to continue this item. Continuing the item will still allow sufficient time for meet and confer to occur and still get back to the Council in time for it to be placed on the November ballot. There are serious problems with the current draft.
We can not support the adoption of this draft unless the amendments are accepted. Most especially, the issue of who pays for defending the Commission in litigation – it cannot come out of the Commission’s budget. This was a change from the previous draft!
We simply cannot afford to pass a ‘clean up’ that does not address all of the outstanding issues and, even worse, creates new problems The current draft does both of these things.
I urge you to vote to amend Measure LL to improve the automomy of the Police Commission as much as possible. i ask that you vote to remove any abilty of the City administration to manage, investigate, intimidate or otherwise control the Commission, its staff or the OIG or its staff. The Commission also needs to be able to make its decisions by majority vote only rather than 6 votes.It is critical that the Commission have a full-time staff person to support its important work. The absence of full-time staff has unfairly hamstrung the Commissioners and placed a terrible burden on their efforts. The Commission and the OIG need full unfettered access to police files. Last and more important, please remove any requirement that the Commission hire its own litigation counsel without a budget to support this-this is a burden that will deter citizen participation on the Commission and undermine the Commission's viability.
As a member of the League of Women Voters, I anticipate others will speak to the minimal opportunity there has been for public comment and CC discussion on this draft. When has this item been agendized and discussed in committee when an actual draft of the proposed measure was proffered, rather than just an oral report? More generally, I urge the Council to show restraint in putting any substantive items on the agenda of a special meeting with its shortened notice requirements, especially in these times when public comment must be online and when the Sunshine Act provisions are in abeyance. I ask that this item be rescheduled for fuller discussion of the draft at a regularly scheduled CC meeting. This kind of attention to maximizing public awareness and participation is important in these times to sustain public confidence in the process.
I voted for the Police Commission in 2016 and continue to support it. Please make whatever changes are necessary to give it the support it needs to successfully oversee the Oakland Police Department. Make the amendments to protect the resources and staffing for the commission or continue it to your next meeting. It is worth doing this right! Thank you. I am represented by Councilmember McElhaney.
The current draft authored by Kalb and Kaplan was released late last week. Very few people have had the opportunity to review it. Although the subject of a ballot measure to 'clean up' Measure LL was discussed at the Pulbic Safety Committee in October, it was not the current draft that was presented. Please continue this item to either the Public Safety Committee on May 28, or, if there is no committee scheduled, to the Council meeting on May 5 to give time for additional input - especially from the Police Commissioners.
I support this measure ONLY IF it includes the revisions/additions submitted by the Coalition for Police Accountability. The City of Oakland will not have a transparent Police Commission process without these changes.
I am generally in favor of the charter amendments being proposed, especially in their aim to ensure and strengthen the independent standing of Oakland’s Police Commission, whose creation was overwhelmingly approved by Oakland voters. But I also agree with the position of the Coalition for Police Accountability in this matter and urge the Council to avoid a rush to judgement and allow time for the details to be worked out, questions answered and more community voices to be heard. COUNCILMEMBERS, TAKE THE ADDITIONAL TIME THEN GET IT RIGHT!
--Angela Noel
Longtime Oakland resident; member of Imani Community Church and Faith in Action East Bay
As a member of the Steering Committee of the Coalition for Police Accountability (CPA), I support CPA's arguments that this Draft does not correct all of the significant issues which date from the establishment of the Police Commission. In addition its subsection (i) creates new threats to the viability of the Commission. I ask that you accept the changes referred to in the CPA email at today's meeting or table the item until the next Council meeting on May 5th. All corrections must be made prior to submitting it for Meet and Confer.
Thank you.
I'd like to thank the council for undertaking to clean up the ballot measure to create oversight of OPD. Despite the City Attorney, City Administrator, and Mayor's relentless efforts to undermine the resources and independence of the Police Commission, it has proven the effectiveness and need for community oversight. The current draft of the clean up measure does not strengthen the Police Commission's resources and independence. Please make the necessary amendments or continue it to the next council meeting. I fear it will be difficult to make additional changes after the city meets and confers with the police union. Please get it right first. Charles Idelson, District 3
I support the intent of this cleanup but as it is currently written we will find ourselves in the situation we are in now where the Police Commission does not have what it needs to be effective. We knew Measure LL as originally written was not strong enough. Let's not ignore what we can identify as problems again. Accept ALL Coalition for Police Accountabilities amendments today! People in Oakland are being harmed. We need the right tools to address that.
I am appealing to you as a member of the Coalition for Police Accountability steering committee - not as an individual member but an organizational representative to CPA for Faith In Action East Bay (formerly OCO.) Regarding today's City Council agenda item 5, we have some serious problems with the current draft. You have received CPA's suggestions on fixing the draft as it stands. These suggestions are key to making this LL "cleanup" amendment effective in strengthening the Commission and assuring independence as well as adequate resources.
The most critical is the issue of who pays for litigation – it cannot come out of the Commission’s budget.
The amendments in our document must be added to the draft before a vote is taken and it is sent to "meet and confer." We urge one of two actions at Council today:
We ask that you accept our amendments to the draft or
Continue this item until the next Council meeting on May 5th.
Bruce Schmiechen, D3
Faith In Action East Bay, CPA
My recommendation, is that Commissioners having unprecedented power should also be elected by the residents in the City of Oakland, ensuring their true representation of its residents.
Communities United for Restorative Youth Justice (CURYJ) opposed unless amendments are accepted. The other option is for council to continue this item. Continuing the item will still allow sufficient time for meet and confer to occur and still get back to the Council in time for it to be placed on the November ballot. There are serious problems with the current draft.
We can not support the adoption of this draft unless the amendments are accepted. Most especially, the issue of who pays for defending the Commission in litigation – it cannot come out of the Commission’s budget. This was a change from the previous draft!
We simply cannot afford to pass a ‘clean up’ that does not address all of the outstanding issues and, even worse, creates new problems The current draft does both of these things.
Communities United for Restorative Youth Justice (CURYJ) opposed unless amendments are accepted. The other option is for council to continue this item. Continuing the item will still allow sufficient time for meet and confer to occur and still get back to the Council in time for it to be placed on the November ballot. There are serious problems with the current draft.
We can not support the adoption of this draft unless the amendments are accepted. Most especially, the issue of who pays for defending the Commission in litigation – it cannot come out of the Commission’s budget. This was a change from the previous draft!
We simply cannot afford to pass a ‘clean up’ that does not address all of the outstanding issues and, even worse, creates new problems The current draft does both of these things.
I urge you to vote to amend Measure LL to improve the automomy of the Police Commission as much as possible. i ask that you vote to remove any abilty of the City administration to manage, investigate, intimidate or otherwise control the Commission, its staff or the OIG or its staff. The Commission also needs to be able to make its decisions by majority vote only rather than 6 votes.It is critical that the Commission have a full-time staff person to support its important work. The absence of full-time staff has unfairly hamstrung the Commissioners and placed a terrible burden on their efforts. The Commission and the OIG need full unfettered access to police files. Last and more important, please remove any requirement that the Commission hire its own litigation counsel without a budget to support this-this is a burden that will deter citizen participation on the Commission and undermine the Commission's viability.
As a member of the League of Women Voters, I anticipate others will speak to the minimal opportunity there has been for public comment and CC discussion on this draft. When has this item been agendized and discussed in committee when an actual draft of the proposed measure was proffered, rather than just an oral report? More generally, I urge the Council to show restraint in putting any substantive items on the agenda of a special meeting with its shortened notice requirements, especially in these times when public comment must be online and when the Sunshine Act provisions are in abeyance. I ask that this item be rescheduled for fuller discussion of the draft at a regularly scheduled CC meeting. This kind of attention to maximizing public awareness and participation is important in these times to sustain public confidence in the process.
I voted for the Police Commission in 2016 and continue to support it. Please make whatever changes are necessary to give it the support it needs to successfully oversee the Oakland Police Department. Make the amendments to protect the resources and staffing for the commission or continue it to your next meeting. It is worth doing this right! Thank you. I am represented by Councilmember McElhaney.
The current draft authored by Kalb and Kaplan was released late last week. Very few people have had the opportunity to review it. Although the subject of a ballot measure to 'clean up' Measure LL was discussed at the Pulbic Safety Committee in October, it was not the current draft that was presented. Please continue this item to either the Public Safety Committee on May 28, or, if there is no committee scheduled, to the Council meeting on May 5 to give time for additional input - especially from the Police Commissioners.
I support this measure ONLY IF it includes the revisions/additions submitted by the Coalition for Police Accountability. The City of Oakland will not have a transparent Police Commission process without these changes.
I am generally in favor of the charter amendments being proposed, especially in their aim to ensure and strengthen the independent standing of Oakland’s Police Commission, whose creation was overwhelmingly approved by Oakland voters. But I also agree with the position of the Coalition for Police Accountability in this matter and urge the Council to avoid a rush to judgement and allow time for the details to be worked out, questions answered and more community voices to be heard. COUNCILMEMBERS, TAKE THE ADDITIONAL TIME THEN GET IT RIGHT!
--Angela Noel
Longtime Oakland resident; member of Imani Community Church and Faith in Action East Bay
As a member of the Steering Committee of the Coalition for Police Accountability (CPA), I support CPA's arguments that this Draft does not correct all of the significant issues which date from the establishment of the Police Commission. In addition its subsection (i) creates new threats to the viability of the Commission. I ask that you accept the changes referred to in the CPA email at today's meeting or table the item until the next Council meeting on May 5th. All corrections must be made prior to submitting it for Meet and Confer.
Thank you.
I'd like to thank the council for undertaking to clean up the ballot measure to create oversight of OPD. Despite the City Attorney, City Administrator, and Mayor's relentless efforts to undermine the resources and independence of the Police Commission, it has proven the effectiveness and need for community oversight. The current draft of the clean up measure does not strengthen the Police Commission's resources and independence. Please make the necessary amendments or continue it to the next council meeting. I fear it will be difficult to make additional changes after the city meets and confers with the police union. Please get it right first. Charles Idelson, District 3
I support the intent of this cleanup but as it is currently written we will find ourselves in the situation we are in now where the Police Commission does not have what it needs to be effective. We knew Measure LL as originally written was not strong enough. Let's not ignore what we can identify as problems again. Accept ALL Coalition for Police Accountabilities amendments today! People in Oakland are being harmed. We need the right tools to address that.
I am appealing to you as a member of the Coalition for Police Accountability steering committee - not as an individual member but an organizational representative to CPA for Faith In Action East Bay (formerly OCO.) Regarding today's City Council agenda item 5, we have some serious problems with the current draft. You have received CPA's suggestions on fixing the draft as it stands. These suggestions are key to making this LL "cleanup" amendment effective in strengthening the Commission and assuring independence as well as adequate resources.
The most critical is the issue of who pays for litigation – it cannot come out of the Commission’s budget.
The amendments in our document must be added to the draft before a vote is taken and it is sent to "meet and confer." We urge one of two actions at Council today:
We ask that you accept our amendments to the draft or
Continue this item until the next Council meeting on May 5th.
Bruce Schmiechen, D3
Faith In Action East Bay, CPA