CITY OF OAKLAND
MEMORANDUM
DATE: January 11, 2023TO: City Council and Members of the PublicFROM: Council President Nikki Fortunato Bas, District2SUBJECT: Resolution Directing The Oakland Police CommissionTo ProposeChanges To Three Oakland Police Department Policies Regarding TheUse Of Military Equipment Dear City Council Colleagues, Oakland Police Commission Members, and Members of thePublic, I respectfully request that the Council discuss and adopt:RESOLUTIONDIRECTING THEOAKLAND POLICE COMMISSION TO PROPOSE CHANGES TO THE FOLLOWINGOAKLAND POLICE DEPARTMENT POLICIES: 1) DEPARTMENTAL GENERALORDER K-7 ON MILITARY EQUIPMENT FUNDING, ACQUISITION, AND USEPOLICY; 2) DEPARTMENTAL GENERAL ORDER K-6 ON DEPARTMENT RIFLES; 3)DEPARTMENTAL GENERAL ORDER I-26 ON ROBOTS (REMOTE CONTROLLEDGROUND SYSTEMS) FOR SUBMISSION TO THE CITY COUNCIL PURSUANT TOSECTION 604(B)(4) OF THE OAKLAND CITY CHARTER.
This resolution is a policy alternative to Item #7 on the January 17, 2023 Council agenda:Ordinance Approving Controlled Equipment Use Policies For The Oakland Police DepartmentTo Acquire And Use The Following Types Of “Militarized” Equipment In Conformance WithGovernment Code Section 7070 And Oakland Municipal Code Chapter 9.65: (1) DepartmentalRifles; (2) Chemical Agents; (3) Unmanned Aerial Systems; (4) Noise-Flash Diversion Devices(Flash Bangs); (5) Riot Helmets; (6) Specialty Impact Munitions; (7) Armored Vehicles; (8)Chemical Agents; And (9) Remote Controlled Ground Systems (Robots) And Pole Cameras.
This memo provides information on the process my office has engaged in to develop the belowproposed amendments, which I would like the Police Commission to consider.Proposed Amendments:1. Departmental General Order K-7 On Military Equipment Funding, Acquisition, And UsePolicya. Amend H: Coordination With Other Jurisdictionsi. Replace:“Military equipment should not be used byany other lawenforcement agency or member in this jurisdiction unless the category forthe military equipment is approved for use in accordance with this policy.”ii. With:“Members of outside agencies in Oakland duringa mutual aiddeployment shall be briefed on this policy before participating in any mutualaid activity managed by OPD. Mutual aid shall not be utilized for the purposeof bypassing any listed prohibition, rule or procedure outlined in this TrainingBulletin.”
2. Departmental General Order K-6 On Department Rifles;a. [pg 12 of 17] Amend XI: PROHIBITED USESi. Add a new Section XI(F):“Rifles shall not be deployedfor recruitment,public relations, or promotional activities.”ii. Add a new Section XI(G):“Rifles shall not be deployedfor crowd controlpurposes.”b. [pg 9 of 17] Amend IX: AUTHORIZED DEPLOYMENTi. Add a new Section IX(B)4:“Commanders shall make everyeffort to avoidthe deployment of patrol rifles in the presence of minors, the elderly,medically compromised people, people with physical, mental orintellectual disabilities, people with limited English proficiency, or othervulnerable people (as defined in DGO K-03).”3. 3) Departmental General Order I-26 On Robots (Remote Controlled Ground Systems)a. [pg 5 of 10] Amend III(A)(5)(c): GENERAL GUIDELINES / Authorized Use /Detachable Toolsi. Strike Sections (ii), (iii), and (iv)ii. Add a new Section III(A)(5)(c)(ii):“Use of the detachableOC canister isprohibited as described below in III. B. Prohibited Use.”b. [pg 7 of 10] Amend III(B): GENERAL GUIDELINES / Prohibited Usei. Add a new Section III(B)(7):“Robots and their attachmentsshall not bedeployed as a use of force on a person.” BackgroundAt the November 1, 2022 Oakland City Council Meeting, the Oakland City Council wasscheduled to consider an item submitted for consideration by the Oakland Police Department.This agenda item was scheduled directly to the Council, bypassing Public Safety Committee,titled#9Approve OPD's Policies In Accordance WithCalifornia Government Code § 7070 EtSeq. (AKA“AB 481”) And OMC Chapter 9.6.
Prior to the meeting, our office as well as other Councilmembers received requests to meet andspeak with community members regarding concerns they had on the policy. During the meetingon November 1, 2022, the public and members of the Council raised concerns as well asproposed amendments to the policies.
The item was withdrawn and rescheduled to the December 6, 2022 meeting of the Council toallow time to further understand the concerns raised. The Council’s intention was to allow for theOakland Police Commission to review amendments proposed, and come back to the Councilwith an assessment of whether it would be willing to consider and advance the proposedchanges.
The Police Commission delegated to itsMilitarizedEquipment Ad Hoc Committeethe task ofresponding to the Oakland City Council. The Ad Hoc Committee met twice since the November1, 2022 meeting and a letter was drafted and sent to the City Council dated November 30, 2022.In the letter, the Commission confirmed that the Militarized Equipment Ad Hoc Committee’soriginal report to the full Commission properly reflected prior consideration of the substantiveareas raised by the public and therefore proceeded with its recommendations to the Council, with Item No.:________Council MeetingJanuary 17, 2023Page2
the only exception being the need for a written definition of “high-risk search warrant”, whichOPD said it would present to the Commission for consideration in 2023.
During theDecember 6, 2022Council meeting, throughdiscussion, the item was continued tothe December 20, 2022 Council meeting. Subsequently, at the Rules and Legislation Committeeon December 15, 2022 the item was scheduled for the January 17, 2023 meeting of the CityCouncil.
My office has continued to engage in conversations and work with the City Attorney’s Office,the Oakland Police Commission, and the Oakland Police Department to come to a sharedunderstanding of the goals of our proposed changes and feel confident we can move forwardtogether.
I’d like to thank our City Attorney’s Office, Oakland Police Commission, Oakland PoliceDepartment and American Friends Service Committee as well as community stakeholders whohave worked with us on advancing these changes.
Respectfully Submitted,
______________________________Nikki Fortunato BasCouncil President, District 2 Item No.:________Council MeetingJanuary 17, 2023Page3