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Oakland City Council
February 20, 2024

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February 20, 2024
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City Council
February 20, 2024

AGENDA REPORT

TO: Jestin D. Johnson FROM: Mac Muir
City Administrator CPRA Executive Director

SUBJECT: Community Boards/CPRA Mediation
Grant
DATE: February 7, 2024

City Administrator Approval Date:

RECOMMENDATION

Staff Recommends That The City Council Adopt A Resolution Accepting And Authorizing Two-Year Memorandum Of Understanding For The Receipt Of In Kind Services Valued At Up To $120,000 Per Year From Community Board Program (Community Boards) For The Community Police Review Agency’s Development And Implementation Of A Mediation Program.

EXECUTIVE SUMMARY

The proposed resolution would allow for the Director of the Community Policy Review Agency (CPRA) to accept in-kind services to develop, memorialize, and implement a mediation program to resolve certain complaints by community members against members of the Oakland Police Department (OPD). The service provider, Community Boards, would be required to work closely with the Community Police Review Agency (CPRA) and Department of Race and Equity as the framework for this program is developed.

BACKGROUND / LEGISLATIVE HISTORY

OMC §2.45.070 (2018) states that the Police Commission shall, “In association with the Agency Director and in consultation with the Chief or the Chief's designee, establish rules and procedures for the mediation and resolution of complaints of misconduct.” In 2020, the Oakland City Auditor advised that a mediation program had not been implemented, and that one should be as soon as possible. In March 2023, the Oakland Office of the Inspector General recommended that the Police Commission and Community Police Review Agency (CPRA) implement a mediation program.

ANALYSIS AND POLICY ALTERNATIVES

Developing an equity-driven mediation program would support 1) holistic community safety, 2) housing, economic, and cultural security, and 3) responsive, trustworthy government.

Jestin Johnson (Feb 7, 2024 14:48 PST)
Feb 7, 2024
Jestin D. Johnson, City Administrator
Subject: Community Boards/CPRA Mediation Grant
Date: February 7, 2024 Page 2

City Council
February 20, 2024

FISCAL IMPACT

This action will allow the City to develop and implement a mediation program without bearing the cost that normally comes with significant project development, saving up to $120,000 per year and ensuring that one person will be completely dedicated to ensuring the program’s success.

PUBLIC OUTREACH / INTEREST

No public outreach was conducted or required for the preparation of this report.

COORDINATION

CPRA consulted with the Police Commission and publicly reported on this ongoing task beginning in July 2023. This report and legislation have been reviewed by the Office of the City Attorney and the Budget Bureau.

The Department of Race and Equity has been advised that their feedback will be frequently solicited as the mediation program framework is developed through the use of these funds.

SUSTAINABLE OPPORTUNITIES

Economic: There are no economic opportunities associate with this report.

Environmental: No specific environmental opportunities have been identified

Race & Equity: This program requires that Community Boards and CPRA frequently and meaningfully consult with the Department of Race and Equity in both the development and implementation of a mediation process. This will allow thorough assessment of the unique power dynamics that exist between alleged victims of misconduct (the majority of whom are Black) and members of OPD, and to design the program within an equity framework from its inception.

ACTION REQUESTED OF THE CITY COUNCIL

Staff recommends that the City Council Adopt A Resolution Accepting And Authorizing Two- Year Memorandum Of Understanding For The Receipt Of In Kind Services Valued At Up To $120,000 Per Year From Community Board Program (Community Boards) For The Community Police Review Agency’s Development And Implementation Of A Mediation Program.

Jestin D. Johnson, City Administrator
Subject: Community Boards/CPRA Mediation Grant
Date: February 7, 2024 Page 3

City Council
February 20, 2024

For questions regarding this report, please contact Mac Muir, Community Police Review Agency Executive Director, at (510) 238-2258.

Respectfully submitted,

Mac Muir
Executive Director, CPRA

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