APPROVED AS TO FORM AND LEGALITY
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CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ____________ C.M.S.
RESOLUTION AUTHORIZING AND DIRECTING THE CITY
ATTORNEY TO COMPROMISE AND SETTLE THE CASE OF SECURE
JUSTICE, INC. AND BRIAN HOFER V. CITY OF OAKLAND, ALAMEDA COUNTY SUPERIOR COURT CASE NO. RG21111681, CITY ATTORNEY FILE NO. X05345, FOR AGREEMENT TO PERFORM CERTAIN
MANDATORY DUTIES AND PAYMENT OF THE SUM OF THIRTY
THOUSAND DOLLARS AND ZERO CENTS ($30,000.00) – (OAKLAND POLICE DEPARTMENT – WRIT OF MANDATE RE: SURVEILLANCE
TECHNOLOGIES)
WHEREAS, Petitioners Secure Justice, Inc. and Brian Hofer filed a petit ion for writ of mandate or prohibition, seeking to compel the Oakland Police De partment (“OPD”) to comply with the Public Records Act, use policy and statutory requirements pertaining to automated license plate reader systems ( “ALPR”), race stop data reporting required by Government Code section 12525.5, and the City of Oakland’s Surveillance Ordinance; and WHEREAS, the City Council recently approved purchase of a new ALPR syste m and revised ALPR use policy; and
WHEREAS, OPD agrees to the following: (1) confirm destruction of all ALPR data older than 30 days, including in OPD’s older BOSS ALPR system, which is no longer in use; (2) ensure its ALPR technology will comply with the ALPR use policy; (3) ensure its use of ShotSpotter, including access by third parties, will comply with the applicable use policy; (4) present an ordinance to the City Council codifying the use policy for its Forward Looking Infrared Thermal Imaging Camera System (“FLIR”);
and (5) present to the Privacy Advisory
Commission draft use policies for five specified surveillance technologies; and
WHEREAS, the City has considered all the evidence, litigation costs, and litigation risks in this case; and
WHEREAS, the City admits no wrongdoing or liability; and
WHEREAS, the City has determined to compromise Petitioners’ claims for writ of mandate, for payment of Petitioners’ attorneys’ fees and costs for Thirty Thousand Dollars and No Cents ($30,000.00) and the agreement to perform certain mandatory duties required by ordinance or use policy; now, therefore, be it
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2 RESOLVED: That the City Attorney is authorized and directed to compromise and settle the case of Secure Justice, Inc. and Brian Hofer v. City of Oak land, Alameda County Superior Court Case No. RG21111681, City Attorney File No. X05345 for Th irty Thousand Dollars and No Cents ($30,000.00); and be it
FURTHER RESOLVED: That the City Attorney is authorized and directed to compromise and settle Petitioners’ claims for writ of mandate; and be it
FURTHER RESOLVED: That the City Attorney is authorized and directed to take whatever steps may be necessary to effect said settlement.
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
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