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Oakland City Council
July 26, 2022

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July 26, 2022
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Oakland City Council
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Text extracted from the city's file for reading and search. Open the original on oakland.legistar1.com. That file is the official record.

APPROVED AS TO FORM AND LEGALITY

___________________________
CITY ATTORNEY’S OFFICE

OAKLAND CITY COUNCIL

RESOLUTION NO. ______________ C.M.S.

RESOLUTION AUTHORIZING AND DIRECTING THE CITY

ATTORNEY TO COMPROMISE AND SETTLE THE C ASE OF ANNE
KIRKPATRICK V. CITY OF OAKLAND , UNITED STATES DISTRICT COURT CASE NO. 3:20-CV-05843 , CITY ATTORNEY’S FILE NO. 34091,

IN THE AMOUNT OF ONE MILLION FIVE HUNDRED THOUSAND
DOLLARS AND ZERO CENTS ($ 1,500,000.00) ( MAYOR AND POLICE COMMISSION – WRONGFUL TERMINATION)

WHEREAS, on February 20, 2020, the Oakland Police Commission voted (7 -0) to terminate Kirkpatrick without cause, a nd the Mayor joined the Commission in terminating Kirkpatrick without cause.

WHEREAS, Kirkpatrick’s employment contract entitled Kirkpatrick to 12 months of compensation as severance in exchange for executing a standard release of all claims.

Kirkpatrick rejected the severance and filed a wrongful termination lawsuit alleging that the termination decision was in r etaliation for Kirkpatrick’s alleged whistleblowing and protected speech (under the First Amendment);

WHEREAS, the case proceeded to trial from May 16 -26, 2022. At trial, Kirkpatrick sought over $3 million in economic damages and additional sums for non-economic (emotional distress) damages;

WHEREAS, the jury returned a verdict in favor of Kirkpatrick on the whistleblower claim and returned a verdict in favor of the City on the First Amendment claim; and

WHEREAS, the jury determined that the only damages Kirkpatrick suffered were equivalent to the severance payment Kirkpatrick would have received and the jury accordingly awarded $337,635 (equivalent to one year of salary); and

WHEREAS, the $1,500,000 settlement is comprised of the severance amount ($337,635), Kirkpatrick’s litigation costs (deposition and trial out -of-pocket expenses) of approximately $250,000 and a portion of Kirkpatrick’s attorneys’ fees; and

WHEREAS, the City den ies any wrongdoing or liability and do es not admit any of Plaintiff’s allegations; and

2 WHEREAS, the City has considered all the evidence, litigation costs, and litigation risks in this case; now, therefore, be it

RESOLVED: That the City Attorney is authorized and directed to compromise and settle the case of Anne Kirkpatrick v. City of Oakland , Un ited States District Court Case No. 3:20-CV-05843, City Attorney File No. 34091 , for the sum of One Million Five Hundred Thousand Dollars and Zero Cents ($1,500,000.00), which is comprised of the severance amount ($337,635), Kirkpatrick’s litigation costs (deposition and trial out -of-pocket expenses) of approximately $250,000 and a portion of Kirkpatrick’s attorneys’ fees, payable to the Trust Account of Keker, Van Nest & Peters on behalf of Anne Kirkpatrick; and be it

FURTHER RESOLVED: That the City Attorney is further authorized and directed to take whatever steps as may be necessary to effect said settlement.

IN COUNCIL, OAKLAND, CALIFORNIA,

PASSED BY THE FOLLOWING VOTE:

AYES - FIFE, GALLO, KALB, KAPLAN, REID, TAYLOR, THAO AND PRESIDENT

FORTUNATO BAS

NOES –
ABSENT –
ABSTENTION –

ATTEST:

ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California

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