OAKLAND CITY COUNCIL
RESOLUTION NO. C.M.S.
A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR
TO ENTER INTO A MEMORANDUM OF UNDERSTANDING
(MOU) THROUGH SEPTEMBER 30, 2026 WITH THE UNITED
STATES MARSHALS SERVICE (USMS) TO ALLOW OAKLAND
POLICE DEPARTMENT (OPD) PARTICIPATION IN THE
NORTHERN DISTRICT OF CALIFORNIA REGIONAL FUGITIVE
TASKFORCE FOR THE PURPOSE OF LOCATING AND
APPREHENDING FUGITIVES.
WHEREAS, the primary mission of USMS task forces (TF) is to investigate and arrest, as part of joint law enforcement operations, persons who have active state and federal warrants for their arrest; and
WHEREAS, in the City of Oakland each year scores of individuals face warrants for their arrest due to proven and/or suspected criminal activity including violent crimes against persons, weapons offenses; felony drug offenses, failure to register as a sex offender, and crimes committed by subjects who have a criminal history involving violent crimes, felony drug offenses, and/or weapons offenses; and
WHEREAS, OPD does not have a fully staffed fugitive unit to independently investigate and apprehend the many fugitives who must be apprehended each year to protect the safety of Oakland residents and visitors; and
WHEREAS, the USMS has created numerous regional fugitive taskforces to investigate and apprehend local, state and federal fugitives; and
WHEREAS, Federal fugitive cases referred to the task force for investigation by any participating agency such as OPD are entered into the National Crime Information Center (NCIC) by the USMS or originating agency, as appropriate; and
WHEREAS, in Oakland, the USMS is a valuable partner for investigations of violent criminal behavior; and
WHEREAS, a major goal of Oakland’s Ceasefire Strategy, a data-driven violence-reduction effort that coordinates law enforcement, social services, and the community, is to reduce gang/group-related homicides and shootings; and
WHEREAS, Ceasefire brings social services and community partners to help gang/group members ready to cease violent activity, and partners such as the USMS are Approved as to Form and
Legality
City Attorney
critical to locating individuals who continue with criminal and illegal firearm activity and/or break the provisions of their probation or parole restrictions; and
WHEREAS, the USMS helps OPD with its Ceasefire implementation and criminal investigations by locating and arresting violent offenders and sexual predators with warrants for their arrest; and
WHEREAS, recovering fugitives who have committed crimes in Oakland usually can lead to out of state pursuits; the TF has the capability and resources to track fugitives across state lines and those criminals attempting to flee the Country; and
WHEREAS, most the offenders assigned to the USMS are violent Oakland gang/group members who are involved in committing homicides, robberies, aggravated assault and shootings as well as lesser crimes; and
WHEREAS, OPD officers assigned to the USMS TF shall adhere to Taskforce policies and procedures, including OPD policies and procedures as well as the City of Oakland Sanctuary City Ordinance, and failure to adhere to the most restrictive policies and procedures may be grounds for dismissal from the Taskforce and could subject the OPD officer to administrative action by OPD; and
WHEREAS, Article V, Section 504(l) of the City Charter requires that the City Council authorize the City Administrator or designee to enter into an agreement between the City and other agency or organization; and
WHEREAS, Ordinance 13457 C.M.S. passed June 29, 2017, created Oakland Municipal Code No. 9.72.010, “City Participation in Federal Law Enforcement Activities,” which requires that OPD submit a “proposed MOU and any orders, policies, and procedures relevant to the subject matter of the MOU for discussion and public comment at an open meeting of the Privacy Advisory Commission” before execution of said agreement; and
WHEREAS, OPD previously signed an MOU authorizing OPD participation in the USMS TF on April 29, 2011; and
WHEREAS, OPD previously signed an MOU authorizing OPD participation in the USMS TF on May 21, 2019 which expired September 30, 2019; therefore be it
RESOLVED: that City Council authorizes the City Administrator or designee to enter into a MOU with the USMS through September 30, 2026 to allow OPD to participate in the Northern District of California Regional Fugitive Taskforce for the purpose of locating and apprehending fugitives. Participating agencies may withdraw their participation after providing 30 days advanced written notice to the RFTF/VOTF Chief Inspector/Chief Deputy; and be it
FURTHER RESOLVED: that if the USMS receives asset forfeiture funding for either 1) overtime incurred by state and local investigators who provide full time support to USMS TF; or 2) travel, training, purchase or lease of police vehicles, fuel, supplies ,or equipment for state and local investigators in direct support of state and local
investigator, the USMS shall, pending availability of funds, reimburse participating agencies for the expenses incurred, depending on which category of funding is provided; and be it
FURTHER RESOLVED: that any reimbursements for overtime expenses made by the USMS to OPD shall be deposited into Fund to be determined, Org 102310, Account 46129, Project to be determined, and Program PS03; and be it
FURTHER RESOLVED: that the City Administrator is authorized to accept and appropriate any reimbursements for overtime expenses without returning to the City Council; and be it
FURTHER RESOLVED: That the City Administrator or designee is authorized to execute the MOU attached to the accompanying report without returning to the City Council; and be it
FURTHER RESOLVED: That in accordance with Article IV, Section 401(6) of the City Charter, the MOU authorized by this resolution shall be approved by as to form and legality before execution, and a copy of the fully executed agreement shall be placed on file with the Office of the City Clerk.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID,
AND PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the
Council of the City of Oakland,
California