1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
DEF.’S STATUS REPORT CASE NO. 00-cv-04599 WHO
BARBARA J. PARKER, City Attorney, CABN 069722
RYAN RICHARDSON, Special Counsel, CABN 223548
BRIGID S. MARTIN, Special Counsel, CABN 231705
One Frank H. Ogawa Plaza, 6th Floor
Oakland, California 94612
Telephone: (510) 238-3601
Facsimile: (510) 238-6500
Email: [email protected]
Attorneys for CITY OF OAKLAND
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
DELPHINE ALLEN, et al. )
)
Plaintiffs, )
)
v. )
)
CITY OF OAKLAND, et al., )
)
Defendant(s). )
)
)
Case No. 00-cv-04599 WHO
DEFENDANT CITY OF
OAKLAND’S STATUS REPORT
Pursuant to the Court’s September 6, 2024 Order (Dkt. 1666), the defendant
City of Oakland submits this Status Report to update the Court on its
implementation of the Court’s Order.
I. The Oakland Police Department’s Reorganization
Pursuant to the Court’s Order, the City restructured the organizational chart of the Oakland Police Department (the Department). Effective September 14, 2024, the Department removed the Internal Affairs Division from the Bureau of Risk Management and created a separate bureau, the Internal Affairs Bureau (IAB).
Deputy Chief Angelica Mendoza is the Commander of the IAB, reporting directly to Chief Mitchell. The current Department organizational chart reflecting the creation of the IAB as a “direct report” to the Chief of Police is attached as Exhibit 1. The Case 3:00-cv-04599-WHO Document 1674 Filed 10/08/24 Page 1 of 3 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
DEF.’S STATUS REPORT CASE NO. 00-cv-04599 WHO
IAB’s internal organizational chart is attached as Exhibit 2.
II. The City’s Biweekly Update Meetings
The City Administrator has set recurring two-hour weekly meetings for the Chief of Police to provide updates on important internal investigations (hereinafter “Update Meetings”). These meetings will continue to occur at least every other week. In addition to the Court-required attendees, the meetings include the Inspector General, Police Commission Chair, and Director of the Community Police Review Agency (CPRA) (or representatives).
Chief Mitchell selects the investigations presented at each Update Meeting.
The investigation updates are delivered, however, by the Criminal Investigation Division (CID) and the IAB. The Chief of Police is the decisionmaker in most administrative cases. Therefore, having the Chief make summary statements about ongoing internal investigations as a matter of course in recurring meetings could be construed as prejudgment of not-yet-completed investigations. Thus, CID and IAB deliver the investigation updates to protect the integrity of the final findings and discipline in administrative cases.
One category of important internal investigations is investigations that involve criminal allegations against sworn members. Under state law, administrative cases against public safety officers are tolled when the alleged misconduct is also the subject of a pending criminal investigation or prosecution, essentially meaning the administrative case often cannot be completed until the criminal case is resolved. Cal. Gov’t Code § 3304(d)(2)(A) (“If the act, omission, or other allegation of misconduct is also the subject of a criminal investigation or criminal prosecution, the time during which the criminal investigation or criminal prosecution is pending shall toll the one-year time period.”) While the law does not prohibit continuation of or completion of the administrative investigation where there is a parallel criminal investigation or prosecution, there may be some practical limitations that are advisable to avoid potentially compromising evidence Case 3:00-cv-04599-WHO Document 1674 Filed 10/08/24 Page 2 of 3 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
DEF.’S STATUS REPORT CASE NO. 00-cv-04599 WHO
or jeopardizing a criminal prosecution.
Therefore, in the City’s Update Meetings it is imperative that we include updates on the criminal side of ongoing internal investigations. The CID and IAB presentations are bifurcated to ensure that CID remains walled off from members’ compelled statements in the administrative investigation and from information derived from any compulsory administrative process. The updates on CID’s criminal investigations are presented first; the CID commander does not attend the IAB investigation updates.
The City held Update Meetings on September 26 and October 3, 2024. The next meeting will occur on October 10, 2024. In addition to discussing ongoing important internal investigations, City leadership has also directed that the City consider and assess trends identified among important internal investigations, receive updates on administrative leave or reassignment determinations associated with these cases, and receive updates on important cases beyond their initial completion, to include prosecution, discipline, or arbitration updates.
The Department’s November 2023 policy revisions substantially strengthened the Department’s internal investigations system. The recent structural changes to the IAB and City leadership Update Meetings provide clear leadership accountability requirements to complement and support policy. The City’s thoughtful implementation of the Court’s Order demonstrates the City’s resolve to sustain long-term NSA compliance.
Respectfully submitted,
Dated: October 8, 2024 BARBARA J. PARKER, City Attorney BRIGID S. MARTIN, Special Counsel
By: /s/ BRIGID S. MARTIN
Attorneys for Defendants
CITY OF OAKLAND
Case 3:00-cv-04599-WHO Document 1674 Filed 10/08/24 Page 3 of 3