Public Safety Committee
May 27, 2025
AGENDA REPORT
TO: Jestin D. Johnson FROM: Floyd Mitchell
City Administrator Police Chief, Oakland
Police Department
SUBJECT: OPD Federal Taskforce 2024 Annual
Reports
DATE: May 5, 2025
City Administrator Approval Date:
RECOMMENDATION
Staff Recommends That The City Council Receive An Informational Report Of Oakland Police Department’s Federal Law Enforcement Agency Task Force Annual Reports.
EXECUTIVE SUMMARY
Oakland Police Department (OPD) is presenting this informational report in compliance with Oakland’s ordinance, which requires OPD to provide annual reports regarding its participation with any federal law enforcement agency task force. This report covers six annual reports:
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Taskforce; Federal Bureau of Investigations (FBI) Child Exploitation Taskforce; FBI Violent Crimes Taskforce; Federal Drug Enforcement Agency (DEA) Taskforce; United States Marshals Service (USMS) Taskforce; and Secret Service Taskforce.
BACKGROUND / LEGISLATIVE HISTORY
The City’s “Transparency for City Participation with Federal Surveillance Activities” Ordinance requires that departments provide annual reports to the Privacy Advisory Commission (PAC) and City Council, regarding participation with any federal law enforcement agency task force in the prior calendar year. The OPD has complied with this requirement by bringing reports for the 2024 calendar covering six separate City Council-approved taskforces. The reports cover categories regarding operations, number of cases, types of investigations, surveillance technology, training, and any violations of state and/or local laws.
ANALYSIS AND POLICY ALTERNATIVES
This report advances the citywide priority of responsive, trustworthy government as OPD is adhering to a citywide ordinance and being transparent about its participation with federal law enforcement agencies and their task forces.
Jestin Johnson (May 13, 2025 16:04 PDT)
May 13, 2025
Jestin D. Johnson, City Administrator
Subject: OPD Federal Taskforce Annual Reports
Date: May 5, 2025 Page 2
Public Safety Committee
May 27, 2025
Ordinance 13457 C.M.S. “Transparency for City Participation with Federal Surveillance Activities” added Chapter 9.72 to the Oakland Municipal Code (OMC), OMC 9.72 requires that "by January 31 of each year, the Chief of Police shall provide to the Privacy Advisory Commission and the City Council, a public report with appropriate information on the Police Department's work with the (Federal Bureau of Investigation Joint Terrorism Task Force) JTTF or other federal law enforcement agency task force in the prior calendar year, including any issues related to compliance with this Section." OPD does not have an active taskforce with the FBI JTTF, as the City Council voted on October 20, 2020, to terminate OPD’s participation via Resolution No. 88346 C.M.S. However, OPD does continue to participate in taskforces with other federal agencies that support mission-critical investigations:
• OPD - Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Taskforce; • OPD - Federal Bureau of Investigations (FBI) Child Exploitation Taskforce; • OPD - FBI Violent Crimes Taskforce
• OPD - Federal Drug Enforcement Agency (DEA) Taskforce; • OPD - United States Marshals Service (USMS) Taskforce; and • OPD – Secret Service Taskforce
Each of these taskforces are based on Memorandums of Agreements (MOA), or Memorandums of Understanding (MOU) which in turn are authorized by City Council adopted resolutions.
The report accompanying the Ordinance 13457 presentation to City Council on October 3, 2017, explains that:
“The intention of the annual reporting requirement is to provide the City Council, the Privacy Commission, and the public at large enough information about the activities of OPD officers operating under federal partnerships to know that Oakland and California policing standards are not being violated by those OPD officers. California state law and OPD policy prohibit OPD officers from engaging in profiling-based policing, defined as "consideration of, or reliance on, actual or perceived race, color, ethnicity, national origin, age, religion, gender identity or expression, sexual orientation, or mental or physical disability.”
“The purpose of the annual report is to disclose sufficient information about OPD officer activities so that the City may conclude that Oakland's officers are fulfilling their duties in accordance with state and local law.”
Attachment A to this memorandum includes each of the 2024 Annual Reports for these six federal taskforces. The Reports provide the following categories of information:
• Staffing: Number of OPD officers assigned to the taskforce, hours worked, and funding sources.
• Other Resources Provided: Communication equipment, Surveillance equipment, clerical/administrative staff hours, and related funding sources. • Cases: Number of cases ATF Task Force Officer was assigned to, Number of “duty to warn” cases, General types of cases, Number of times the agency asked OPD to perform/OPD declined to perform, and reason for OPD declination (e.g., insufficient resources, local/state law).
• Operations: Use of undercover officers, instances where OPD Task Force officer managed informants, cases involving informants, Number of requests from outside Jestin D. Johnson, City Administrator
Subject: OPD Federal Taskforce Annual Reports
Date: May 5, 2025 Page 3
Public Safety Committee
May 27, 2025
agencies (e.g., ICE) for records or data of OPD, number of data request denials, and whether the Task Force Officer was involved in any cases where USPER (U.S. person status) information was collected.
• Training and Compliance: Description of training, Date of last training update, training audit, and Frequency with which the Task Force Officer briefs the OPD supervisor on cases.
• Actual and Potential Violations of Local/State Law: Number of actual violations, Number of potential violations, Actions taken to address actual or potential violations, and Recommendations by OPD to address prevention of future violations. • Suspicious Activity Reports (SARs) and Northern California Regional Intelligence Center (NCRIC) Information.
• Command Structure for OPD Task Force Officer.
The annual reports were first presented to PAC on March 6, April 4, and May 1, 2025. The PAC voted unanimously to recommend that these reports be forwarded to the City Council.
FISCAL IMPACT
This item is for informational purposes only and does not have a direct fiscal impact or cost.
PUBLIC OUTREACH / INTEREST
No public outreach was deemed necessary for this informational report but as stated above, the reporting to the PAC on an annual basis provides a forum for public input.
COORDINATION
OPD coordinates with the City Attorney’s office as needed. These reports have been presented to the PAC and unanimously recommended to Council.
SUSTAINABLE OPPORTUNITIES
Economic: There are no economic opportunities associated with this report.
Environmental: There are no environmental opportunities associated with this report.
Race & Equity: The intention of the annual reporting requirement is to provide the City Council, the Privacy Commission, and the public at large enough information about the activities of OPD officers operating under federal partnerships to know that Oakland and California policing standards are not being violated by those OPD officers. California state law and OPD policy prohibit OPD officers from engaging in profiling-based policing, including based on race.
Jestin D. Johnson, City Administrator
Subject: OPD Federal Taskforce Annual Reports
Date: May 5, 2025 Page 4
Public Safety Committee
May 27, 2025
ACTION REQUESTED OF THE CITY COUNCIL
Staff Recommends That The City Council Receive An Informational Report Of Oakland Police Department’s Federal Law Enforcement Agency Task Force Annual Reports.
For questions regarding this report, please contact Acting Captain Eric Kim, [email protected].
Reviewed by:
Eric Kim, Acting Captain
OPD, Ceasefire
Prepared by:
Dr. Tracey Jones, Police Services Manager
OPD, Research and Planning
Attachment (1):
(A) Federal Law Enforcement Agency Taskforce 2024 Annual Reports