DISTRIBUTION DATE: December 16, 2021
TO: HONORABLE MAYOR &
CITY COUNCIL
FROM: LeRonne L. Armstrong,
Chief of Police
SUBJECT: OPD Overtime Report:
4th Quarter FY 2020-21
DATE: December 15, 2021
_
INFORMATION
EXECUTIVE SUMMARY
Staff Recommends That City Council Receive An Informational Memorandum Regarding OPD Overtime; this memo includes information concerning the use of overtime by OPD for the period of July 1, 2020 to June 30, 2021.
BACKGROUND / LEGISLATIVE HISTORY
On October 24, 2017, staff presented a report titled “Fiscal Year (FY) 2016-17 Fourth Quarter Revenue and Expenditure Results and Year-End Summaries for the General-Purpose Fund (GPF, 1010) and Eight Selected Funds; and General-Purpose Fund (GPF, 1010) Carryforward for FY 2017-18; and Overtime Analysis for the General Purpose Fund (GPF, 1010) and All Funds” to the Finance and Management Committee. In response, the Finance and Management Committee requested a supplemental report with the following additional information:
• What are the policies, procedures, and processes in place in each department for authorizing and controlling overtime?
• If backfill overtime is authorized, who is responsible? For what purposes is it authorized? Which personnel are used to cover for others?
• Who is in charge of decision making and accountability for overtime? What rank/level?
The Finance and Management Committee requested that OPD submit a report detailing how the department will control overtime expenditures with actionable changes to policies, procedures, processes and corresponding accountability mechanisms. This memorandum is responsive to that request.
City Administrator
Approval
Date Dec 16, 2021 _
HONORABLE MAYOR AND CITY COUNCIL
Subject: OPD Overtime Report: 4th Quarter FY 2020-21
Date: 12.15.21 Page 2
$45.0 $41.1
$40.0 $36.4
$35.0 $31.7 $33.5
$30.0
$25.0
$20.0
$15.0
$10.0
$5.0
$-
$26.1
$23.5
$27.8 $28.3 $28.5
$15.6 $17.3
$13.4 $13.4 $15.1 $12.9 $12.9 $12.4 $12.3
FY 2012-13 FY 2013-14 FY 2014-15 FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 Approved Overtime Actual Overtime
On January 9, 2018, staff presented the first supplemental report on OPD Overtime Costs to the Finance and Management Committee as well as the Public Safety Committee. On February 27, 2018, staff presented the second supplemental report to the Finance and Management Committee and the Public Safety Committees. In response, the Public Safety Committee requested a monthly report from both OPD and OFD, and additional information from OPD. All of the below information has previously been provided to the Public Safety Committee:
• The different categories in the overtime budget including actual amounts. • A breakdown of the areas where overtime is budgeted.
• An explanation of who approves overtime expenditures. • What amount is approved for each commander (such as area captains) and how this amount is tracked to ensure that it is not overspent.
• An explanation of the service level demands that have resulted in an insufficient overtime budget including a justification for critical work that has resulted in an appreciable decrease in crime.
• An explanation of why reimbursable events are included in the list of special event/ enforcement overtime and what the tracking mechanisms are concerning reimbursement.
• Specific Negotiated Settlement Agreement (NSA) requirements and actual overtime costs created by each requirement.
• Overtime reduction strategies and tracking to ensure reduction.
ANALYSIS AND POLICY ALTERNATIVES
Although it appears OPD exceeded its approved overtime budget for the period of July 1, 2020 to June 30, 2021 by $16.2M, the Department received $4.2M in reimbursable overtime that went to the General Purpose Fund and there was an additional $14M in salary savings from an increased attrition rate. Chart 1 below only shows the approved overtime budget and does not take into account salary savings from vacancies or revenue received from reimbursable events.
The chart provides a summary of budgeted (approved) overtime expenses in comparison to actual overtime expenses from FY 2012-13 through FY 2020-21.
Chart 1: GPF Overtime in OPD – Approved vs. Actual (in Millions of Dollars)
HONORABLE MAYOR AND CITY COUNCIL
Subject: OPD Overtime Report: 4th Quarter FY 2020-21
Date: 12.15.21 Page 3
There are several reasons why this overtime overage occurred; these reasons have also been provided in previous agenda reports and informational memoranda. Although OPD exceeded its overtime budget, it is important to note that in FY 2020-21 the Department received $4.2M in reimbursable overtime that went to the General Purpose Fund and there was an additional $14M in salary savings, which offset the overtime overage by $16.2M. This report explains the factors and police services that drove these overtime costs.
Table 1 below provides a breakdown of the monthly cost by organizational function. Despite multiple sworn vacancies resulting in salary savings and the increase in violent crime during the pandemic, OPD managed to reduce its overtime spending by over 18% compared to the previous fiscal year.
Table 1: Overtime Costs for Oakland Police Department July 1, 2020-June 30, 2021; Fund = General Purpose Fund 1010
2020 2021
Category Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Total Acting Higher Rank 93,259 87,805 59,469 76,003 53,279 42,547 26,225 26,006 42,602 83,749 103,373 78,611 772,929 Administrative
Investigation
182,428
203,827
187,306
191,463
164,985
158,239
99,470
90,494
162,610
118,416
119,882
92,933
1,772,052
Backfill 535,681 522,519 501,674 556,288 531,225 515,073 320,499 203,170 316,465 338,017 376,353 459,983 5,176,945 Callback 97,431 166,098 102,987 112,742 121,142 84,466 79,304 101,055 108,329 103,959 126,953 83,134 1,287,600 Canine 2,692 2,598 2,666 2,757 3,690 3,897 3,672 3,427 3,879 3,163 3,050 3,144 38,636 Community Meetings 245 245
Comp Time Earned 39,964 38,340 33,228 36,105 38,158 27,842 13,684 16,125 23,609 36,359 50,288 40,120 393,822 Court 23,613 14,829 24,641 40,887 22,126 21,304 30,296 29,976 32,499 41,659 24,082 34,997 340,909 Extension of Shift 528,733 653,154 614,288 543,522 557,389 377,597 236,337 228,563 405,119 411,102 346,650 362,364 5,264,818 FLSA 199,514 191,326 206,695 177,140 174,723 107,953 67,309 87,513 131,770 145,849 184,803 166,968 1,841,562 Holiday 225,272 1,091 347,078 5,134 806,754 220,828 433,025 548,064 244,550 (4) 227,797 23,030 3,082,621 Recruiting/Background 1,917 33,877 12,234 7,353 17,088 14,158 5,418 21,013 4,692 8,393 23,997 39,182 189,321 Special Enforcement 980,931 1,555,084 1,203,172 1,014,837 989,856 560,155 362,046 684,758 924,282 1,155,666 1,473,239 1,005,366 11,909,392 Training 192,861 68,983 58,736 97,181 86,588 111,004 144,398 121,089 141,767 141,945 188,431 66,983 1,419,966 Grand Total 3,104,296 3,539,531 3,354,173 2,861,410 3,567,003 2,245,063 1,821,682 2,161,253 2,542,172 2,588,274 3,249,143 2,456,815 33,490,816
The primary core service OPD provides to the Oakland community is calls for service response.
Calls for service increased by 58 percent between 2016 and 2020. While some of this increase is due to OPD Communications implementing receipt of wireless 9-1-1 calls, there was a 45 percent increase in homicides and assaults with firearms during this same period which necessitated greater police patrols and investigations. Chart 2, below, provides the number of calls for service that OPD received from 2016 to 2020
HONORABLE MAYOR AND CITY COUNCIL
Subject: OPD Overtime Report: 4th Quarter FY 2020-21
Date: 12.15.21 Page 4
1,000,000
900,000
800,000
700,000
600,000
500,000
400,000
300,000
200,000
100,000
-
883,046
728,647
703,561
626,815
558,948
2016 2017 2018 2019 2020
Chart 2: OPD Calls for Service by Year 2016 to 2020
A comparison of sworn staffing and reported crime for large (over 400,000 population) Northern California cities for 2019 is provided below in Table 2.
Table 2: Total Sworn and Crime for Large Northern California Cities
Police
Department
Sworn
FTE
Reported
Violent
Crime
20191
Violent
Crime
per
Sworn
Reported
Property
Crime
20191
Property
Crime
per
Sworn
Oakland 792 5,520 6.97 27,868 35.19
Sacramento 751 3,223 4.29 16,354 21.78
San Francisco 2,290 5,933 2.59 48,780 21.30
San Jose 1,157 4,559 3.94 25,164 21.75
Minimum Patrol staffing for OPD is 35 officers per shift to cover each police beat. This minimal staffing level is recognized to be inadequate in consideration of the number of calls for service and relatively high level of crime in Oakland. Position backfill and extension of shift overtime is used largely to maintain minimum patrol staffing. Beyond maintaining citywide patrol staffing, OPD has become almost entirely reliant on overtime to address the following
• Sideshow: Sideshow overtime is the only effective means OPD has in addressing this violent and dangerous activity. Hundreds of spectators and vehicles gather in Oakland neighborhoods on a frequent basis, terrorizing residents. On duty Patrol resources are
1 https://ucr.fbi.gov/crime-in-the-u.s/2019/crime-in-the-u.s.-2019/topic-pages/offenses-known-to-law- enforcement
HONORABLE MAYOR AND CITY COUNCIL
Subject: OPD Overtime Report: 4th Quarter FY 2020-21
Date: 12.15.21 Page 5
inadequate to address sideshow – an inadequate response could result in even greater danger to the public and responding OPD personnel.
OPD implemented effective strategies to address sideshows in 2020. One key strategy was to dedicate personnel to monitor and immediately respond to areas where a sideshow event was beginning to take shape and prevent it from doing so. Because all Patrol resources are already fully engaged, OPD used $1.4M in overtime to prevent and respond to sideshow events.
• Citywide Violence: Patrol response alone is inadequate to address high levels of violent crime. Over this past year, the city saw a tremendous increase in violent crime and a resulting increase in the need for overtime. As of June 30, 2021, the City of Oakland experienced an 82 percent increase in homicides (62 homicides up from 34 in 2020) and a 71 percent increase in assaults with a firearm (311 up from 182) over the same period in 2020.
Based on the number of calls for service and immediate response for violent crime, on duty patrol resources are inadequate address citywide violence. Dedicated teams must be used to focus on specific individuals suspected of engaging in violent crime as well as areas where data shows high levels of violent crime occurring. The Department spent $2.3M in violence suppression overtime in FY 2020-21.
• Uptown Violence: This overtime was developed following several tragic shootings and homicides in the downtown area, entertainment and club scenes, and residential areas adjacent to these districts. This overtime had been very effective in reducing the shootings and violence which had plagued the area. Even during the pandemic, the entertainment area drew crowds, and the Uptown walking beat overtime was instrumental in helping the businesses navigate through outdoor dining experiences in a safe and efficient manner.
Because patrol resources are only able to respond to dispatched calls, they are inadequate to perform preventative duties in the Uptown club and entertainment scene.
Being able to dedicate officers to be present in the area has been instrumental in preventing violence. Without the opportunity to use dedicated personnel to prevent shootings and other acts of violence, patrol officers are forced to respond. This forced response drains the city of valuable patrol resources, increasing response times elsewhere and leaving the rest of the city even more vulnerable. • Demonstrations and Gatherings: Crowd management requires tremendous human resources to protect the public and property. Losing the ability to provide safety measures for crowd management such as traffic control, safety barriers, and public safety presence will have negative impacts on the safety of participants, residents, and other community members. Patrol resources are insufficient to address crowd control issues (i.e., vandalism, assaults, traffic safety, arson). Given the associated car caravans of thieves often associated with these demonstrations, significant property damage may occur and there will likely be increased risk to communities living in areas more frequented by demonstrations and gatherings without this overtime costing $2.3M in FY 2020-21.
HONORABLE MAYOR AND CITY COUNCIL
Subject: OPD Overtime Report: 4th Quarter FY 2020-21
Date: 12.15.21 Page 6
Depending on the expected size of a public event such as a demonstration, OPD may need to dedicate scores of officers (or more depending on demonstration size) to manage crowds. While many demonstrations are peaceful, a lack of immediately available OPD personnel can possibly lead to a previously peaceful event getting out of control very quickly. Injury and significant property damage can result if there are inadequate OPD resources. With only 35 officers per shift, patrol cannot adequately prevent or respond to any size demonstration. Doing so would leave the rest of the city with no police services and endanger demonstrators, bystanders, and police personnel. • Lake Merritt Patrol: Lake Merritt Patrol Overtime impacts OPDs ability to assist other City of Oakland Departments in dealing with various issues at Lake Merritt, including large crowds with amplified music; unpermitted vending (including alcohol and cannabis sales); traffic congestion and related public safety concerns with use of roadway/emergency response; and illegal parking. During FY 2020-21 OPD spent $577K in overtime for Lake Merritt patrol and special enforcement.
Due to the current City of Oakland budget crisis, all of the above categories of overtime have been eliminated or substantially reduced by OPD. Sworn positions assigned to a number of critical functions within OPD (traffic enforcement, Ceasefire, foot patrol, community resource) have been frozen and the corresponding personnel reassigned to supplemental patrol squads.
The additional squads were aligned with patrol watch deployments to provide more officers to backfill into patrol vacancies without the use of overtime and to assist with addressing calls for service.
While these changes are expected to substantially decrease – and hopefully eliminate – backfill and extension of shift overtime, OPD will still face insufficient patrol resources to address the above categories.
HONORABLE MAYOR AND CITY COUNCIL
Subject: OPD Overtime Report: 4th Quarter FY 2020-21
Date: 12.15.21 Page 7
For questions regarding this report, please contact Shamika Shavies, Fiscal Manager, at [email protected]
Reviewed by:
Darren Allison, Assistant Chief of Police
OPD, Office of Chief of Police
Kiona Suttle, Deputy Director
OPD, Bureau of Services
Prepared by:
Shamika Shavies, Fiscal Manager
OPD, Fiscal Division