3315979v1
CITY OF OAKLAND
ONE FRANK H. OGAWA PLAZA x 6 TH FLOOR x OAKLAND, CALIFORNIA 94612 Office of the City Attorney
Barbara Parker
City Attorney
FAX:
TDD:
(510) 238-3601
(510) 238-6500
(510) 839-6451
December 19, 2023
HONORABLE CITY COUNCIL
Oakland, California
Subject: Secure Justice, Inc. and Brian Hofer v. City of Oaklan d Alameda County Superior Court Case No. RG21111681
City Attorney File No. X05345
(Oakland Police Department – Writ of Mandate Re:
Surveillance Technologies)
President Fortunato Bas and Members of the City Council:
Pursuant to Section 401 of the Charter, the City Attorney has p repared and requests your approval of a resolution authorizing compromise and settlement of the above-entitled lawsuit for agreement to perform certain mandatory duties and payment of at torneys’ fees and costs of Thirty Thousand Dollars and Zero Cents ($30,000.00), payable to Petitioners in a manner specified by Petitioners’ counsel.
Petitioners filed a petition for writ of mandate or prohibition , seeking to compel the Oakland Police Department (“OPD”) to comply with the Public Records Act, use policy and statutory requirements pertaining to automated license plate re ader systems (“ALPR”), race stop data reporting required by Government Code section 12525.5, and the City of Oakland’s Surveillance Ordinance. The City has determined to settle and resolve the lawsuit by agreeing to the following: (1) confirm destruction of all ALPR data older t han 30 days, including in OPD ’s older BOSS ALPR system, which is no longer in use; (2) ensure i ts ALPR technology will comply with the ALPR use policy; (3) ensure its use of ShotSpot ter, including access by third parties, will comply with the applicable use policy; (4) presen t an ordinance to the City Council codifying the use policy for its Forward Looking Infrared Therm al Imaging Camera System (“FLIR”);
and (5) present to the Privacy Advisory Commission draft use po licies for five specified surveillance technologies perform certain mandatory d uties required by ordinance or use policy, and payment of Petitioners’ attorneys’ fees and costs in the amount of $30,000.00.
The City Council authorized settlement of this case in Closed S ession on Thursday, December 7, 2023 (moved by Councilmember Noel Gallo and seconde d by Councilmember Kevin Jenkins - 5 Ayes, 3 Absent - Councilmembers Carroll Fife, Dan Kalb and Rebecca Kaplan).
R e s p e c t f u l l y s u b m itted,
B A R B A R A J . P A R K E R
C i t y A t t orney
Assigned Attorney:
Kevin P. McLaughlin
BARBARA J PARKER