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CITY OF OAKLAND
O N E F R A N K H . O G A W A P L A Z A 6T H F L O O R O A K L A N D , C A L I F O R N I A 9 4 6 1 2 Office of the City Attorney
Barbara Parker
City Attorney
FAX:
TDD:
(510) 238-3601
(510) 238-6500
(510) 839-6451
May 7, 2024
HONORABLE CITY COUNCIL
Oakland, California
Subject: Mildred L. Oliver v. City of Oakland, Oakland Police Department, and Does 1 to 25, inclusive
Alameda County Superior Court Case No. RG19007799
City Attorney File No. 33244
(Oakland Police Department – Employment/Civil Rights)
President Fortunato Bas and Members of the City Council:
Pursuant to Section 401 of the Charter, the City Attorney has prepared and requests your approval of a resolution authorizing compromise and settlement of the above-entitled lawsuit for the sum of Fifty Thousand Dollars and Zero Cents ($50,000.00), payable to Scott Law Firm Trustee.
Plaintiff Mildred Oliver’s (“Oliver”) lawsuit alleges race and gender discrimination, hostile work environment, and retaliation. She is African American, female, and is now a retired Oakland Police Department (“OPD”) sergeant.
In 2015, Oliver was an investigator in OPD’s Internal Affairs Division (“IAD”). Around October 2015, Oliver was assigned to investigate an OPD officer stemming from allegations of sexual misconduct. The judge overseeing the Negotiated Settlement Agreement in Delphine Allen, et al. v. City of Oakland expressed concerns about the investigation and OPD ordered that a more senior investigator replace Oliver. In January 2017, Oliver was transferred to Patrol, where she claims a supervisor harassed her. On February 14, 2017, Oliver responded in her supervisory capacity to the scene of an active shooting. Her supervision of this incident became the subject of an IAD investigation, and shortly afterward Oliver went on work-related stress leave and later retired. Regarding Oliver’s role in the February 14, 2017 shooting, IAD found Oliver violated her supervisory duties and she was disciplined. Oliver alleges OPD’s decisions during this period were discriminatory, retaliatory, and harassing.
Oliver alleges economic damages of approximately $2.6 million dollars, additional general damages for emotional distress, and attorney’s fees. The City has determined that settlement, without admitting liability and to avoid litigation, is in the City’s best interest.
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The Council authorized settlement of this case in closed session on Thursday, April 18, 2024 (moved by Councilmember Noel Gallo and seconded by Councilmember Rebecca Kaplan - 5 Ayes, 1 Abstention – Councilmember Carroll Fife, and 2 Excused – President Pro Tem Dan Kalb and Councilmember Treva Reid).
Respectfully submitted,
BARBARA J. PARKER
City Attorney
Assigned Attorney
Michael Quirk