CITY OF OAKLAND
ONE F R A N K H. O G A W A P L A Z A • 6 T H F L O O R • O A K L A N D , C A L I F O R N I A 9 4 6 1 2 Office of the City Attorney
Barbara J. Parker
FAX:
(510) 238-3601
(510) 238-6500
City Attorney TTY/TDD: (510) 238-3254
July 26, 2022
HONORABLE CITY COUNCIL
Oakland, California
Subject: Anne Kirkpatrick v. City of Oakland
United States District Court Case No. 3:20-CV-05843
City Attorney File No. 34091
(Mayor and Police Commission – Wrongful Termination)
President Fortunato Bas and Members of the City Council:
Pursuant to Section 401 of the Charter, the City Attorney has prepared and requests your approval of a resolution authorizing compromise and settlement of the above-entitled case for the sum of One Million Five Hundred Thousand Dollars and Zero Cents ($1,500,000.00), payable to the Trust Account of Keker, Van Nest & Peters, LLP on behalf of Anne Kirkpatrick.
This action arises from the termination of former Police Chief Anne Kirkpatrick (“Kirkpatrick”). On February 20, 2020, the Oakland Police Commission voted (7 -0) to terminate Kirkpatrick without cause, a decision the Mayor joined. Pursuant to the employment contract, Kirkpatrick was entitled to 12 months of compensation as severance in exchange for executing a standard release. Kirkpatrick rejected the severance and filed a wrongful termination lawsuit alleging that the termination decision was in retaliation for Kirkpatrick’s alleged whistleblowing and protected speech (under the First Amendment).
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. The jury returned a verdict in favor of Kirkpatrick on the whistleblower claim and a verdict in favor of the City on the First Amendment claim . 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).
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.
The City denies any wrongdoing or liability and does not admit any of Kirkpatrick’s allegations.
HONORABLE CITY COUNCIL
July 26, 2022
Subject: Anne Kirkpatrick v. City of Oakland
The City Council authorized settlement of this case in Closed Session on T hursday, July, 21, 2022 (moved by Councilmember Noel Gallo and seconded by Councilmember Rebecca Kaplan - 5 Ayes (Bas, Gallo, Taylor, Reed , Kaplan), 1 Abstention (Thao), 2 Excused (Fife, Kalb).
Respectfully submitted,
BARBARA J. PARKER
City Attorney
Assigned Attorneys:
Katharine Van Dusen, Coblentz Patch Duffy & Bass LLP
Chief Assistant City Attorney Maria Bee
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