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
JOINT CASE MANAGEMENT STATEMENT Case No. 00-cv-4599 WHO
RYAN RICHARDSON, City Attorney, CABN 223548
BRIGID S. MARTIN, Special Counsel, CABN 231705
One Frank H. Ogawa Plaza, 6th Floor
Oakland, California 94612
Telephone: (510) 238-3751
Facsimile: (510) 238-6500
Email: [email protected]
Attorneys for CITY OF OAKLAND
JOHN L. BURRIS, CABN 69888
Law Offices of John L. Burris
Airport Corporate Centre
7677 Oakport Street, Ste. 1120
Oakland, California 94621
Telephone: (510) 839-5200
Facsimile: (510) 839-3882
JAMES B. CHANIN, CABN 76043
Law Offices of James B. Chanin
3050 Shattuck Avenue
Berkeley, California 94705
Telephone: (510) 848-4752
Attorneys for PLAINTIFFS
(Additional Counsel on Next Page)
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
JOINT CASE MANAGEMENT
STATEMENT
Date: January 27, 2026
Time: 3:00 p.m.
Courtroom 2, 17th Floor
Hon. William H. Orrick
Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 1 of 42 Attachment E
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
JOINT CASE MANAGEMENT STATEMENT Case No. 00-cv-4599 WHO
ROCKNE A. LUCIA, JR., CABN 109349
Rains Lucia Stern St. Phalle & Silver
Attorneys & Counselors at Law
2300 Contra Costa Boulevard, Suite 500
Pleasant Hill, CA 94523
Telephone: (925) 609-1699
Facsimile: (925) 609-1690
Attorneys for OAKLAND POLICE OFFICERS ASSOCIATION
Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 2 of 42 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
i
JOINT CASE MANAGEMENT STATEMENT Case No. 00-cv-4599 WHO
TABLE OF CONTENTS
PLAINTIFFS’ STATEMENT ........................................................................................ 1 I. PLAINTIFFS’ CURRENT POSITION ...................................................................... 1
II. TASK 2 (TIMELINESS STANDARDS AND COMPLIANCE WITH IAD INVESTIGATIONS) .................................................................................................. 3 III. TASK 5 (COMPLAINT PROCEDURES FOR IAD) ................................................ 5 IV. TASK 45 (CONSISTENCY OF DISCIPLINE POLICY) ......................................... 8 CONCLUSION .................................................................................................................. 16 CITY’S STATEMENT .................................................................................................... 18 OVERVIEW ....................................................................................................................... 18
I. The City’s Sustained Compliance with the Terms of the NSA is a Meaningful Measure of Its Readiness to Exit Court Oversight. ............................ 19
A. The City Has Improved its Timely Completion of Internal Investigations (Task 2). ........................................................................................ 19
B. The City Continues to Comply with All Internal Affairs Complaint Procedures Subtasks (Task 5). ............................................................................. 21
C. The City Continues to Meet the Compliance Standard for Task 45 By Proactively Identifying and Addressing Racial Disparity In 2024 Investigation Outcomes. ........................................................................................ 22
1. The Department Is Working to Address Racial Disparity Identified In 2024 Internal Investigation Sustained Rates. ........................................................ 23
2. OIA Did Not Find Any Explanation for the Disparity, Though It Did Find that the Disparity Was More Pronounced for Allegations that Originated in the Department.………………………………………………………………..24
3. Without An Explanation for The Disparity, and With Evidence of Substantial Data Fluctuation In The Past Several Years, the City is Not Provided With Meaningful Answers About What The Disparity Means And How To Effectively Address The Disparity……………………………………26
4. The Department’s Response to Address Disparity is Thoughtful, Informed, And Future-Looking………………………………………………………………29
II. The City’s Proposed Transition Plan Will Prevent Progress from Stalling Following Court Oversight by Empowering Local Ownership of Its Constitutional Policing Model…………………………………………………………31
A. The City’s Executive Leadership Will Promote Cultural Alignment………..32 Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 3 of 42 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
ii
JOINT CASE MANAGEMENT STATEMENT Case No. 00-cv-4599 WHO
B. The Department Instituted a Constitutional Policing Unit to Support Continued Improvement of The Department’s Excellence in Constitutional Policing………………………………………………………………………………....33
C. The City Will Engage with Experts to Help Communicate the City’s Message About The Value of Its Constitutional Policing Model………………………....33
D. The City Will Share Examples of Improved Public Safety Outcomes………..34
E. The City Recognizes That Its Constitutional Policing Model Is Dynamic…...34
F. The City Is Dedicated To Strengthening Relationships To Improve Trust.....34 CONCLUSION ................................................................................................................. 36 THE OPOA’S STATEMENT ......................................................................................... 37 THE POLICE COMMISSION’S STATEMENT
…………………………………. EXHIBIT 6
Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 4 of 42 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
JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
PLAINTIFFS’ STATEMENT
I. PLAINTIFFS’ CURRENT POSITION
The Independent Monitor for the OPD has issued one NSA Sustainability Period Report (Eleventh Sustainability Report) since the last Case Management Conference statement. This Sustainability Period involves the monitoring of the “last remaining and most critical Negotiated Settlement Agreement Tasks: 2, 5, 20, 24, 25, 26, 30, 31, 34, 41, and 45.” (Dkt. 1525, p. 2)
As of the publication of the Eleventh NSA Sustainability Period Report of the IMT on November 18, 2025, OPD is in compliance with eight of these eleven Tasks:
1. Task 20 (Span of Control – in compliance when most recently assessed in the Third NSA Sustainability Period Report);
2. Task 24 (Use of Force Reporting Policy – in compliance per the Eighth NSA Sustainability Period Report and no longer subject to active monitoring pursuant to the Court’s 09/06/2024 Order regarding Internal Affairs Reporting)
3. Task 25 (Use of Force Investigations and Report Responsibility – in compliance per the Eighth NSA Sustainability Period Report and no longer subject to active monitoring pursuant to the Court’s 09/06/2024 Order regarding Internal Affairs Reporting);
4. Task 26 (Force Review Board (FRB) – in compliance when most recently assessed in the Third NSA Sustainability Period Report);
5. Task 30 (Executive Force Review Board (FRB) – in compliance when most recently assessed in the Third NSA Sustainability Period Report);
6. Task 31 (Officer-Involved Shooting Investigations Review Protocol – in compliance when most recently assessed in the Third NSA Sustainability Period Report);
7. Task 34 (Stop Data – in compliance when most recently assessed in the Third NSA Sustainability Period Report);
Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 5 of 42 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
2 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
8. Task 41 (Use of Personnel Assessment System (PAS) and Risk Management – in compliance when most recently assessed in the Third NSA Sustainability Period Report)
As of this writing, OPD is not in compliance with three NSA tasks:
1. Task 2 (Timeliness Standards and Compliance with IAD Investigations – not in compliance when most recently assessed during the Eleventh NSA Sustainability Period Report.),
2. Task 5 (Internal Affairs Division (IAD) Complaint Procedures – previously in compliance when assessed by the IMT in the 79
th Report, “Deferred” in the
First NSA Sustainability Period Report, then deemed “not in compliance” according to the Second, Third, Fourth, and Fifth NSA Sustainability Period Reports before returning to compliance in the Sixth and Seventh IMT Reports. Task 5 then reverted to not-in-compliance during the period covered by the 8
th Sustainability Report, and has remained out of compliance through the periods covered by the 9th, 10th, and now 11th Sustainability Reports), and
3. Task 45 (Consistency of Discipline – this was in partial compliance during the First NSA Sustainability Period Report, then was moved to full compliance during the period covered by Second NSA Sustainability Period Report. Between the Third Sustainability Report and the Ninth Sustainability Report issued in December 2024, the IMT has reported “no compliance finding” for this Task. This was upgraded to “partial compliance” in the 10
th Sustainability Report issued in May 2025, and remained in “partial compliance” when most recently reviewed in the 11th Sustainability Report)
Plaintiffs’ attorneys concur with the IMT’s assessment that OPD is not currently in compliance with these three Tasks. The other eight Tasks that are Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 6 of 42 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
3 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
being monitored by the IMT -- or that are no longer subject to active monitoring pursuant to the Court’s 09/06/2024 Order -- remain in compliance according to the IMT’s 11th NSA Sustainability Period Report. Plaintiffs will therefore focus on Tasks 2, 5 and 45, which will determine whether and when OPD is able to finally achieve full compliance with the NSA in the Sustainability Period.
II. TASK 2 (TIMELINESS STANDARDS AND COMPLIANCE WITH IAD
INVESTIGATIONS)
Task 2 requires that the Internal Affairs Division (IAD) of the OPD complete internal investigations in a timely manner. This task was inactive from 2015 to July 2019, before abruptly falling out of compliance in the 62 nd IMT Report. Task 2
was out of compliance until February 2022, when OPD once again met the mathematical threshold required for compliance. OPD remained in compliance with this Task through the 9
th Sustainability Report, issued in December 2024.
However, as of the most recent (10th) Sustainability Period Report, OPD has again fallen out of compliance with this Task.
OPD policy requires that “at least 85% of Class I misconduct investigations and at least 85% of Class II misconduct investigations must be completed within 180 days to be considered timely.” Per DGO M-03, Class I offenses “are the most serious allegations of misconduct and, if sustained, shall result in disciplinary action up to and including dismissal and may serve as the basis for criminal prosecution.”
The IMT reviewed 53 Class I misconduct cases during the period covered by the Eleventh OPD Sustainability Report and determined that just 35 of these cases were completed in a timely manner. This represented an 64% timely-completion rate, which puts OPD below the 85% minimum threshold required for compliance with NSA Task 2.
The IMT had long warned that the timely-completion rate was been slipping downward over previous sustainability period reports, and that OPD’s continued Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 7 of 42 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
4 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
compliance with this Task was therefore in serious jeopardy. As recently as December 2022 (during the period covered by the Second Compliance Report), OPD was completing 100% of Class I misconduct cases in a timely matter. (Second Sustainability Period Report, p. 3). During the period covered by the 5 th through
9th Sustainability Reports, the IMT determined that this number had dipped to 85- 89% of Class I misconduct cases completed in a timely manner. In the period covered by the 10
th Sustainability Period, the timely-completion rate for Class 1 misconduct cases was 84%, below the mandated compliance threshold. It has now dropped a further 20%, and OPD is objectively nowhere near compliance with this Task.
The IMT also reviewed 146 Class II cases during the period covered by the 11th Sustainability Report and found that 127 were in compliance with established timelines. This represents a 87% timely completion rate. Although this rate is just above the 85% minimum requirement, Plaintiffs’ attorneys note that the completion rate for Class II cases was consistently higher in previous reporting periods, including at 91% in the period covered by the IMT’s previous review and 98% in the preceding period. The downward trajectory does not bode well for maintaining the minimum timely completion rate in future reporting periods.
As noted, OPD was previously in compliance with this task for so long that it became inactive, before suddenly falling out of compliance. After reattaining compliance, OPD entered another cycle of slowly reducing timely-completion rates during the periods covered by Sustainability Reports 3-9. In spite of repeated warnings from the IMT and Plaintiffs’ attorneys that OPD was at risk of falling to meet the 85% timely completion benchmark, the Department has continued to free fall.
OPD must retain compliance with Task 2 if the Department wishes to exit the Sustainability Period. Task 2 compliance is categorically different from the other Tasks that remain out of compliance insofar as the metric for compliance is Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 8 of 42 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
5 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
strictly mathematical: there is an objective target that OPD must meet, and has previously met.
Plaintiffs’ attorneys have repeatedly noted that the mandated 85% timely- completion rate for OPD is substantially lower than what is required by most other consent decrees, so there is no reason OPD cannot meet this threshold.
Furthermore, it should be noted that even if OPD meets this requirement, 15% of complainants are not receiving timely notice of investigation outcomes. The 64% timely completion rate for Class I cases during the most recent IMT review is wholly unacceptable and may be a basis for revoking the Sustainability Period.
III. TASK 5 (COMPLAINT PROCEDURES FOR IAD)
Task 5 pertains to Complaint Procedures for the Internal Affairs Division, and consists of several subtasks, all of which the IMT had previously found in compliance, including:
• Task 5.1, which requires that when a citizen wishes to file a complaint, the citizen is brought to a supervisor or IAD, or a supervisor is summoned to the scene.
• Task 5.2, which requires that if there is a delay of greater than three hours in supervisory response, the reason for the delay must be documented.
• Task 5.3, which requires that when a complainant refuses to travel to a supervisor, or wait for one, personnel make all reasonable attempts to obtain specific information to assist in investigating the complaint. • Task 5.4, which requires that specific information be documented on a complaint form and submitted to the immediate supervisor or, in his/her absence, the appropriate Area Commander.
• Task 5.5, which requires that the supervisor or Area Commander notify Communications and forward any pertinent documents to IAD.
During the Sustainability Period the IMT focused on subtasks 5.15 to 5.19 Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 9 of 42 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
6 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
and subtask 5.21, which address the quality of completed IAD investigations.
Prior to the onset of the Sustainability Period, the IMT determined that IAD investigations had improved to the standards mandated by the NSA; in February 2022, OPD attained full compliance with Task 5. However, the First OPD Sustainability Report moved the status of Task 5 from “in compliance” to “deferred compliance”, and OPD was downgraded to “not in compliance” in the Second OPD Sustainability Report. OPD remained out of compliance with Task 5 over the next four reports as the Department, Plaintiffs’ attorneys, and the IMT crafted, refined, and implemented policies relevant to the Internal Affairs function following the publication of the “Conclusions and Recommendations Re: Vehicle Collision and Elevator Discharge Incidents” drafted by the independent law firm, Clarence Dyer, & Cohen LLP. (Dkt. 1564, “Clarence Dyer Report”)
During the period covered by the 7
th Sustainability Report, OPD regained
compliance with Task 5, and it appeared that the Department was making real strides toward sustainable compliance with this Task and, therefore, was meeting all requirements mandated by the NSA.
However, in the subsequent reporting period (covered by the Eighth Sustainability Report,) the IMT “learned of investigations conducted by both the Community Police Review Agency (CPRA) and an outside investigator into the actions of senior members of the Department with regard to an earlier IAD investigation. The outside and CPRA investigations resulted in sustained findings and discipline against several senior members of the Department – to include terminations, demotions, and suspension. (8
th Sustainability Report, pp. 6-7). The
IMT also noted that “these personnel findings and systemic deficiencies transcend the Department as a whole and call into question the capacity of the Department’s internal investigatory process. Based on these investigations, the serious deficiencies in the Department’s Internal Affairs Division render the Department out of compliance with Task 5.” (8
th Sustainability Report, pp. 6-7). OPD was
Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 10 of 42 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
7 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
accordingly found out of compliance with Task 5. OPD has remained out of compliance with this Task ever since.
According to the most recent IMT Sustainability Report, the “Internal Affairs Bureau [has] a number of issues, concerns, and developments which are not yet appropriate for public discussion. It is our hope that the City will expeditiously address these matters so that our confidence – and by extension, the community’s confidence – in the internal affairs process can be restored.” (Dkt. 1726, p. 9).
Although Plaintiffs’ attorneys cannot address the specific issues that the IMT categorized as “not yet appropriate for public discussion” (such as personnel issues), the IMT’s phrasing echoes concerns raised in previous Sustainability Period reports, including that the IMT “identified some concerns with the Internal Affairs Bureau’s (IAB) use of unfounded and exonerated findings” (10
th Sustainability Report, p. 9),
and that “the Department must rectify myriad issues pertaining to leadership, structure, and personnel management relevant to the Internal Affairs Bureau.” (9 th
Sustainability Period Report, p. 9). The emphasis on “leadership” and “personnel management” is revealing.
Plaintiffs’ attorneys can note that they have participated in extensive meetings with OPD personnel and the IMT regarding Departmental General Order M-04.1: Criminal Investigation of Department Members and Outside Sworn Law Enforcement Personnel, which is the policy pertaining to reporting allegations of criminal misconduct involving OPD personnel. These meetings have been productive, and plaintiffs’ attorneys affirmatively support revising policies and procedures to improve the Internal Affairs functions within the Department.
Separate and apart from that worthy goal, it is also important to memorialize that some issues within IA run deeper than specific policies. OPD has demonstrated time and time again that they are incapable of disciplining their own, especially at the supervisory level. As alluded to by the IMT excerpt above, some the Department’s IA-related shortcomings are more attributable to Departmental Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 11 of 42 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
8 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
leadership than existing rules and policies. This must be addressed by real, durable cultural change in tandem with policy adjustments. Put another way, these problems are downstream from leadership failures, not policy shortcomings.
Former Chief Mitchell’s public complaints to the Police Commission about the “weaponization of the disciplinary process” (Exhibit 1, Who’s to blame for Oakland Police Chief Floyd Mitchell’s resignation, Oaklandside, October 10, 2025) within the Department are an illustrative example of culture-setting shortcomings. OPD’s broader failures in regarding fair and consistent discipline will also be elaborated in our review of Task 45, below.
Regarding Task 5, OPD’s inability to fully comply with both of the actively monitored Internal Affairs-related Tasks more than one year after the Court’s 09/06/2024 Order restructuring the Internal Affairs Department is unacceptable and may also be a basis for revoking the Sustainability Period. These failures must be remedied before OPD can attain compliance with the NSA.
IV. TASK 45 (CONSISTENCY OF DISCIPLINE POLICY)
Task 45 requires that discipline is imposed in a fair and consistent manner.
OPD was in compliance with this NSA Task at the outset of the Sustainability Period. Following the publication of the Clarence Dyer Report, the IMT downgraded OPD’s compliance status with Task 45 to “no compliance finding”, citing “systemic and other deficiencies cited by the outside investigators were exacerbated by investigative and disciplinary decisions which were premised on the status and positional considerations of both violators and decision-makers” (Dkt. 1577, Third Sustainability Period Report, p. 32). OPD remained out of compliance with Task 45 through the period covered by the 9
th Sustainability Report, before
achieving “partial compliance” in the 10th and now 11th Sustainability Period Reports.
Although the most recent IMT reports notes that “OPD continues to take steps to achieve compliance with this Task”, a recent OPD internal investigation Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 12 of 42 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
9 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
revealed wide disparities in how discipline is imposed within OPD. The Department’s “2024 Internal Investigation Outcome and Discipline Report”, published by the Office of Internal Accountability, is incorporated herein as Exhibit
2. The Internal Investigation Outcome and Discipline Report investigated discipline outcomes across race, gender, and rank within OPD. The most notable finding was a massive discrepancy between the sustained rate for white sworn members and Black sworn members. Specifically, the investigation determined that there was a significant decrease in sustained findings among white OPD sworn personnel from 11% in 2023 to 2% in 2024:
(2024 Internal Investigation Outcome and Discipline Report, p. 4).
Not only did white sworn members have a substantially lower sustained rate than Black and Hispanic officers, “further analysis showed that the 4 cases sustained against white sworn personnel involved only members over 40 and with 5 years of seniority. In other words, the sustained rate for junior white officers (less than 5 years seniority or younger than 40) was 0%.” (2024 Internal Investigation Outcome and Discipline Report, p. 4).
The authors of this report also compared the percentage of all allegations (sustained and not sustained/unfounded) to Department demographics to assess whether the differences in the percentage of cases aligned with the racial makeup of Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 13 of 42 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
10 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
OPD.
(2024 Internal Investigation Outcome and Discipline Report, pp. 11-12).
This revealed that white sworn personnel received a lower overall percentage of cases (16%) than their demographic slice of total OPD sworn personnel (25%).
Conversely, “all other races received a higher percentage of cases than the Department representation.” (2024 Internal Investigation Outcome and Discipline Report, p. 12).
Further, while investigating whether members of a specific race had a disproportionate number of multiple discipline cases, the authors of this report determined that, in 2024, “white members were the least likely to have multiple Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 14 of 42 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
11 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
cases (57%) which was significantly lower than Black, Hispanic, and Asian members (74%, 71% and 79%).” (2024 Internal Investigation Outcome and Discipline Report, p. 13).
To determine whether there are differences in sustained rates for members based on the entity conducting the investigation, the authors of the 2024 Internal Investigation Outcome and Discipline Report also compared Division Level Investigations (DLIs) with Internal Affairs (IA) Investigations. The former are generally conducted by field sergeants and typically contain less serious allegations.
IA investigations involve the most serious allegations and are conducted by supervisors assigned to IAB.” (2024 Internal Investigation Outcome and Discipline Report, p. 25). The results of this comparison are captured in the below chart:
(2024 Internal Investigation Outcome and Discipline Report, p. 25)
Black and Hispanic sworn members had the highest sustained rates for DLIs (6% and 4%, respectively), while the White sustained rate was just 1%. This racial disparity was even more pronounced for IA investigations, where Hispanic members were sustained at a 29% rate, Black members were sustained at a 26% rate, and white members were sustained just 6% of the time. White cases were far less likely to be sustained, regardless of the level of the discipline investigation.
Another hypothesis tested by the authors of the 2024 Internal Investigation Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 15 of 42 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
12 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
Outcome and Discipline Report was whether disparities in sustained rates by race differed depending on who initiated a case. To do so, they examined the sustained rate by race based on internal or external origin. The former are cases originally initiated by a member of the Department, while the latter are cases which were initiated by a member of the public or another organization/department. Table 23 on page 27 of the 2024 Internal Investigation Outcome and Discipline Report summarizes the findings of this investigation:
Even though internally-generated cases had a 25% sustained rate, the sustained rate for white officers among internally generated cases was zero, compared to 47% for Black officers and 24% for Hispanic officers.
There was also a racial disparity in outcomes for externally-generated cases. The authors of the report concluded that “cases that start with an internal complaint deserve special attention to understand racial disparities”. (2024 Internal Investigation Outcome and Discipline Report, p. 27)
There were also clear disparities when internal cases were broken down by gender and rank. Tables 24 and 25 on page 28 of the 2024 Internal Investigation Outcome and Discipline Report shows the sustained rate by gender and rank, respectively:
Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 16 of 42 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
13 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
Among internally-generated cases, female officers were sustained 60% of the time, while males were sustained one-third as often, just 21% of the time. Officers were also sustained three times as often within internally-generated cases (30%) when compared to supervisors with a Sergeant rank or higher, who were sustained in 9% of cases with an internal origin. These figures demonstrate wildly disparate discipline outcomes that are incongruous with the requirements of Task 45.
Following the publication of the 2024 Internal Investigation Outcome and Discipline Report, OPD issued a memorandum that “acknowledges that the disparities identified in the 2024 report, especially in internally generated cases and additional allegations discovered by the investigator, underscore the need for improved data integrity, consistent documentation, and ongoing oversight.” (Department Response to the 2024 IAM Outcome and Discipline Report, p. 2; incorporated as Exhibit 2-A to this Case Management Conference Statement.) The Department subsequently asserts that “2024 represents an outlier rather than a trend”. This is belied by the fact that many of the disparities described in the 2024 Internal Investigation Outcome and Discipline Report were previously noted by the very same OPD Office of Internal Accountability just two years previously, in a report titled “2022 Analyses of Race in Internal Investigations Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 17 of 42 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
14 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
Outcomes and Discipline: Supplemental Report Examining Failure to Accept or Refer Complaints” (“OIA FTARC Report”).
This report determined that there were differences “in the discipline between white and Black officers for the allegation of a Manual of Rules Violation for Failure to Accept or Refer a Complaint (FTARC).” (OIA FTARC Report, p. 3 and is included as Exhibit 3 to the Case Management Conference Statement.
According to the 2022 OIA FTARC Report, there were 112 allegations for FTARC. The below table, incorporated on page 6 of the OIA FTARC Report, provided a breakdown of FTARC allegations compared to the demographics of OPD:
Another table, also on page 6 of the OIA FTARC Report, shows the sustained rate for FTARC allegations within OPD:
The OIA FTARC Report itself noted that the wildly divergent sustained rates Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 18 of 42 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
15 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
for white sworn members (26%) and Black sworn members (60%) represent “a statistically significant difference.” (OIA FTARC Report, p. 6).
(OIA FTARC Report, p. 14)
A different graph in that report showed that officers accounted for 84% of FTARC allegations, while Sergeants accounted for just 15% and Lieutenants accounted for less than one percent. Officers were also sustained at a much higher rate (43%) than Sergeants (29%), while Lieutenants were not sustained at all.
Given that black officers were more likely to be sustained than their colleagues, and that officers were more likely to be sustained than command-level personnel, it follows black officers were sustained at the highest rates and white commanders were sustained at the lowest rates. Specifically, the Sustained rate for Black officers in the 2022 Report, was 57%, the highest of any officer race group.
The Sustained rate for Black Sergeants was a whopping 67%, the highest of any Sergeant race group. And the Sustained rate for white Sergeants – zero percent – was the lowest for any Sergeant race group. (OIA FTARC Report, p. 14) The findings in the more-recently-published “2024 Internal Investigation Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 19 of 42 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
16 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
Outcome and Discipline Report” are therefore not an outlier. To be clear: OPD’s Office of Internal Accountability should be applauded for this thorough investigation. The authors of this report were candid, meticulous, and specific about the obvious discrepancies that the data reveal. However, the Department cannot brush this aside as an “outlier” when similar criticisms about disparate discipline outcome were previously revealed by OPD Office of Internal Accountability.
This is recurring theme for OPD. The Hillard Heintze study at the outset of this decade determined that black sworn employees were more likely to have their allegations result in a sustained finding than other employees. Specifically, they found that “over the five-year time period, black employees were 37% more likely to have an allegation against them result in a sustained finding” and that “allegations that result in a sustained finding are more likely for black employees”. (Exhibit 4, Hillard Heintze Disparity Study, Report, p. 10.)
It appears that very little progress has been made in the intervening six years. The shortcomings laid out by OPD’s Office of Internal Accountability represent a violation of Task 45, which requires that discipline is imposed in a fair and consistent manner. OPD’s own Office of Internal Accountability indicates that the Department is well short of this goal, and the City’s October 2025 Status Report to this Court concedes that this investigation “revealed a racial disparity in internal investigations outcomes.” (Dkt. 1723, p. 9)
The Department continues to demonstrate that it cannot discipline its officers to the equitable standard mandated by the NSA, and Plaintiffs’ attorneys therefore agree with the IMT that OPD remains out of compliance with Task 45.
Once again, this may be a basis for revoking the Sustainability Period.
V. CONCLUSION
Although the City of Oakland continues to claim that it is on the cusp of full compliance with the NSA, OPD remains out of compliance with Tasks 2, 5, and 45.
Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 20 of 42 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
17 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
The Department has never been in compliance with all NSA Tasks in the Sustainability Period. The NSA cannot draw to a close while the Department remains out of full compliance with these tasks, which are foundational to the NSA.
Indeed, OPD remains in breach of the terms of the Sustainability Period, as it has been since the outset of the sustainability period.
Plaintiffs’ attorneys had a recent meeting with Deputy Chief Aaron Smith, Captain Hubbard Chief Bere, and attorney Brigid Martin over the disparity issue discussed extensively in our statement. We believe these people recognized the problem we were describing and, unlike Chief Mitchell, have the will and the potential to improve this situation. We would like to see the sustainability period end soon and the NSA to finally end. Whether it does or not will be decided in our minds by sustained progress OPD makes on these issues.
We cannot help but believe that the way African American Officers are treated within OPD is reflected in the way African American citizens are treated by the OPD in Oakland. This was the cause of the Riders case 25 years ago when Officer Vasquez (who fled the country and is still at large) planted drugs on over 100 citizens (all but one of whom was African American). These victims went to prison and served an aggregate of dozens of years for crimes they did not do.
OPD has changed for the better since that time. Yet the core problem reflected by OPD’s failure to comply with Tasks 5 and 45 still remains. We need to see more progress on these Tasks before we agree to end the Sustainability period. ///
Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 21 of 42 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
18 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
THE CITY’S STATEMENT
OVERVIEW
Plaintiffs’ counsel John Burris’s law partner Ben Nisenbaum lauded the Oakland Police Department last month, recognizing the Department as a “constitutional policing model.” In a media event to announce a settlement agreement with the Antioch Police Department, Burris’s partner talked about their involvement in both the Oakland and Antioch lawsuits and compared the recent Antioch settlement to the Negotiated Settlement Agreement (NSA) in this case, stating, “[a]nd of course, that was a case that transformed the Oakland Police Department into a constitutional policing model.” Fernandez, Lisa, Antioch, Civil Rights Attorney John Burris Reach Constitutional Policing Settlement, KTVU Fox 2, (Dec. 19, 2025, 12:44 PM), https://www.ktvu.com/news/antioch-civil-rights-attorney- john-burris-reach-settlement-over-45-officers (last visited Jan. 14, 2026). The City agrees. The Department is a model of constitutional policing. Its transformation is evident even to those who may have at one time been among its staunchest critics.
The Department has state-of-the-art policies designed to improve public safety outcomes for all. By and large, Department personnel comply with its policies and are held accountable when they fall short. The Department has reduced racial disparities in its police stops over the last decade and sustained the vast margin of that decrease for the last several years. Finally, our officers prioritize community care and trust as part of their crime prevention and public safety strategy, proactively investing in the community in countless ways every day. The City appreciates Mr. Nisenbaum’s recognition of the Department and its members’ outstanding achievement. It is due to the accomplishments of the Department’s members that the City expects to soon be in a position to demonstrate to the Court and community that the Department is prepared to continue its transformation absent further Court oversight.
On December 6, 2025, Mayor Lee tapped former Assistant Chief James Beere Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 22 of 42 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
19 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
to serve as Interim Police Chief. Chief Beere has been a sworn member of the Department for 27 years. His exemplary service has earned him some of the Department’s highest honors, including the Blue Star Medal for outstanding command and control during a mass casualty incident and the Medal of Merit for superior tactics and de-escalation in a life-threatening situation. Chief Beere is also a decorated combat veteran, serving with distinction as a Command Sergeant Major in the United States Marine Corps. Originally from San Francisco, he has proudly called Oakland home for nearly three decades. Chief Beere promoted Casey Johnson to Interim Assistant Chief, and Deputy Chief Aaron Smith to lead the IAB. Despite recent changes in personnel, Department leadership has kept the NSA task responsibility list up to date so that the Department’s ongoing internal task compliance inspections, supervised by Bureau of Risk Management (BRM) Chief Deputy Chief Lisa Ausmus, continue without interruption. The most recent NSA Task Responsibility list is attached as Exhibit 5.
I. The City’s Sustained Compliance with the Terms of the NSA is a Meaningful Measure of its Readiness to Exit Court Oversight.
In the City’s estimation, NSA task compliance remains an important proxy for the City’s readiness to exit Court oversight. The parties fashioned the terms of the NSA so that when those terms were satisfied, the parties would have a measure of confidence in the City’s ability to continue to self-sustain compliance following the end of Court oversight. It is largely a credit to the Department’s perseverance and commitment to its constitutional policing model that the City can report today that as of the last quarter of 2025, it may be in compliance with all technical requirements of the three remaining NSA tasks.
A. The City Has Improved its Timely Completion of Internal Investigation Cases (Task 2).
The City’s preliminary analysis of internal affairs data for the fourth quarter of 2025 shows that it likely met the Task 2 threshold requirement that it complete at least 85% of Class I and 85% of Class II internal investigations within 180 days.
Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 23 of 42 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
20 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
Because these results are preliminary and we have not discussed this analysis with the monitor, we are remaining cautiously optimistic. In any event, it is fair to say that IAB has drastically improved their case closure timelines, and the completion rate is likely between 83% and 91% for Class I investigations, and above 90% for Class II investigations.
Achieving and sustaining compliance, or near-compliance, through the first half of 2026 will be a good indicator that the City can sustain long-term compliance with Task 2. The City asks the Court also consider that prior to the City’s recent period of non-compliance, it had sustained compliance with Task 2 for three consecutive years. IAB’s biggest obstacle continues to be personnel resources and, as a result, investigators carry exceptionally heavy caseloads. While seven complex Class I investigations is considered a heavy caseload, each IAB investigators now routinely carries a caseload closer to 15 cases. The City explained in its October Status Report that due to lack of overall personnel, it simply does not have enough sworn officers to promote additional officers to sergeant to work as IAB investigators. Dkt. 1723, Defendant’s Status Report 6 (October 21, 2025). IAB continues to endeavor to make the most of available strategies to improve efficiency.
It is also currently working on a plan for officers to assist investigating sergeants with discrete tasks, though the Department’s shortage of sworn officers makes even this a challenge. On January 16, 2026, the Department graduated its first academy since 2024. The 14 officers will now start a 16-week Field Training program. It is unlikely, however, that this addition to the Department’s ranks will have an immediate impact on IAB’s staffing.
The Police Commission’s investigative entity, the CPRA, has continued to increase its staff. The Police Commission recently announced that CPRA’s acting director, Antonio Lawson, will serve as the agency’s permanent Executive Director.
Hiring a permanent CPRA director fulfills the recommended next step by consultants advising on the City’s long-term plan of moving IAB investigations to Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 24 of 42 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
21 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
CPRA.1 Since October, CPRA has also hired a second Complaint Investigator III (highest level), and an additional Complaint Investigator II, and elevated two temporary Complaint Investigator IIs to permanent status. A new Project Manager is scheduled to start work on February 2, 2026. CPRA is also in the process of contracting with outside counsel to advise on complex investigations, assist with drafting CPRA policies and procedures, and train CPRA employees.
The City is continuing to make slow but steady progress toward its long-term plan to transferring IAB to CPRA, and is working diligently to ensure that in the interim, IAB meets its Task 2 timelines. The Police Commission’s work to support CPRA is further discussed in the Commission’s Statement to the Court, attached as Exhibit 6.
B. The City Continues to Comply with All Internal Affairs Complaint Procedures Subtasks (Task 5).
The City contends that it is in compliance with Task 5. There have been eleven compliance periods assessed since the Court-ordered Sustainability Period began in 2022. During these eleven periods, the monitor has never assessed the Department out of compliance on Task 5 due to deficiencies on any of the enumerated subtasks. In most reports, the monitor has had no disagreements with internal investigations, credibility findings, or dispositions in cases it reviewed. The monitor has consistently stated that the Department is in compliance on all subtasks. According to the three most recent reports issued by the monitor between December 2024 and November 2025, the Department continued its lengthy history of sustained compliance with all assessed technical requirements of Task 5. Dkt. 1726, Eleventh NSA Sustainability Period Report of the Independent Monitor 5 (Nov. 18, 2025); Dkt. 1698, Tenth Sustainability Period Report 7-9 (June 3, 2025);
1In its June 2025 report, Examining the Transfer of Oakland Police Department Internal Affairs Investigations to the Civilian-Staffed Community Police Review Agency, the City’s consultant recommended as next steps in the process of transferring IAB to CPRA that the City should (1) hire a new permanent CPRA executive director, and (2) create a working group of stakeholders “to assess next steps and course correct on issues that arise.” Id. at 20.
Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 25 of 42 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
22 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
Dkt. 1683, Ninth Sustainability Period Report 6-8 (Dec. 20, 2024).
Furthermore, with the Police Commission’s January 2026 approval of the Department’s revision of DGO M-04.1, Criminal Investigation of Department Members and Outside Sworn Law Enforcement Personnel, the Department has completed all of the recommendations from its self-initiated lessons-learned report to address the investigatory failures in the Tran case, with the exception of the recommendation to impact positive culture change—that will remain an ongoing, continuous endeavor.
While the Department’s investigatory failures in the Chung and Tran investigations provided a reasonable basis to extend Court oversight notwithstanding technical task compliance, three years have elapsed since the Tran case, and there have been no further similar failures to faithfully apply policy.
There have been no indications of the “cultural rot” that in the past compelled the Court to continue oversight. See Dkt. 1673, Sept. 4, 2024 Court Tr. 13:15-16 (Court finding “It’s this area [ ]that compels continued court oversight, which is well overdue to be terminated.”) For these reasons, the City contends that it is in compliance with Task 5.
C. The City Continues to Meet the Compliance Standard for Task 45 by Proactively Identifying and Addressing Racial Disparity in 2024 Investigation Outcomes.
Although the monitor assessed the City in partial compliance with Task 45, Consistency of Discipline Policy, the City continues to contend that it has been in substantial compliance with Task 45 since at least 2024. Dkt. 1622, Joint Case Mgmt. Statement 21-25 (Jan. 19, 2024); Dkt. 1660, Joint Case Mgmt. Statement 47 (Aug. 28, 2024); Dkt. 1701 Joint Case Mgmt. Statement 30-35 (Jul. 3, 2025).
Regardless of any lack of consensus about technical NSA task compliance, however, fairness and consistency of discipline remains a priority for the City. The City and the Department recognize that consistency in discipline is a critical part of the City’s constitutional policing model. The Department has been analyzing its Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 26 of 42 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
23 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
internal investigation case outcomes and discipline since 2020 to identify and ameliorate discipline disparity. Department policy requires an annual inspection of outcome and discipline data to identify and address disparity based on race, gender, and rank. See DGO R-01, Risk Management (published Apr. 2022). The Department uses a detailed methodology to conduct the annual data analysis. The methodology was developed with the assistance of the monitoring team and Stanford researchers.
The methodology is a “working” methodology, which means the Department updates the methodology after each annual data analysis because every analysis reveals areas for optimization and by updating the process and integrating lessons learned, future analyses are more robust and reliable.
1. The Department is Working to Address Racial Disparity Identified in 2024 Internal Investigation Sustained Rates.
At the end of October 2025, the Department’s Office of Internal Accountability (OIA) finalized its 2024 Internal Investigation Outcome and Discipline Report. Ex. 2. Consistent with past practice, the OIA received assistance from a Stanford researcher in its analysis. The OIA presented its findings at the November 2025 monitor’s site visit. On December 7, 2025, Chief Mitchell published the Department’s response to address the OIA’s findings and recommendations. Ex. 2-A.
The OIA made the following concerning findings about 2024 internal investigations outcomes:
• In 2024, Black (7%) and Latinx (6%) officers were sustained at a significantly higher rate than white officers (2%);
• There were only four cases where white sworn members were sustained; • The racial disparity was more pronounced across sustained rates for internally-generated cases and internally-discovered violations—Black (47%), Latinx (24%), white (0%);
Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 27 of 42 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
24 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
• There was observable gender and rank disparity across sustained rates for internally-generated cases—female (60%), male (21%); officers (30%), sergeants and above (9%).
• The number of sustained sworn member cases fell by 50% (129 to 64); and • The overall sworn sustained rated dropped from 8% in 2023 to 5% in 2024.
While the Department still has some concern about the overall reduction in the number sustained cases and the reduction in the sustained case rate for officers, its concern is somewhat tempered by the OIA’s determination that the “change in processing of [Failure to Accept or Refer a Complaint] (FTARC) allegations explains roughly half of this 50% drop.” Ex. 2, OPD OIA 2024 Internal Investigation Outcome and Discipline Report 4 (Oct. 2025). The Department recently changed policy to allow some FTARC allegations to be handled by non-disciplinary means (i.e., Summary Note Files entry), where there is no pattern of conduct. Because FTARC allegations are a frequently occurring allegation and have a high sustained rate, it makes sense that removing many of these allegations from the data would result in a significant reduction in the number of sustained cases and, therefore, the sustained rate.
2. OIA Did Not Find Any Explanation for the Disparity, Though it Did Find that the Disparity was More Pronounced for Allegations that Originated in the Department.
The OIA inspected the data to determine whether the disparity correlated with particular investigators (it did not), depended on how serious the misconduct was (no), depended on the age or tenure of the officer investigated (no), whether it was investigated by IAB or DLI sergeants (no), and whether certain types of allegations tended to result more often in disparity (no). 2 The only meaningful
correlation it uncovered was with case generation: the racial disparity in sustained rates was more pronounced in internally-generated cases.
2 For example, there was no disparity observed in the sustained rate for FTARC cases.
Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 28 of 42 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
25 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
A case is categorized as internally generated if it is initiated by Department employees (e.g., complaint of misconduct made by a supervisor, or co-worker, or self- reported by an officer), as opposed to externally generated cases which are initiated by someone who does not work for the Department, typically a member of the public. Making things a bit more complicated, cases that are externally generated may nonetheless have allegations discovered by case investigators during the investigation. When allegations are added after the initial case generation, the additional allegations are referred to as self-discovered or internally discovered allegations. Adding internally discovered allegations does not change the case generation category from external to internal, even if only the internally discovered allegations are sustained. Because internally discovered allegations share the same origin as internally generated cases, the OIA also analyzed internally discovered allegations. Racial disparity was even more pronounced in sustained rates for internally discovered allegations. While analyzing internally generated cases, the OIA also observed a notable difference in gender and rank sustained rates that was not present in the overall data. OIA did not observe disparities in rank or gender sustained rates for internally discovered allegations.
Even when it looked more closely at the internally generated cases, however, OIA was unable to find an explanation for the disparity. Importantly, the disparity did not appear to be the result of Black or Latinx officers receiving more allegations per case. There is a 2% chance of an officer getting a sustained finding in a case with one allegation. The odds increase to 9% in cases with more than one allegation.
Id. at 14. Therefore, if officers of a particular race tend to more often have multiple allegations in a single case, that could explain the disparity at the case level. The percentage of officers with only one allegation per case, however, stayed consistent across race. Id. at 22.
The OIA also evaluated whether the number of cases per officer differed based on an officer’s race. Overall, white officers were the least likely to have Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 29 of 42 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
26 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
multiple cases (57%), which was significantly lower than Black, Latinx and Asian members (74%, 71%, and 79%, respectively). Of the 461 officers who had at least one case in 2024, 104 officers had five or more cases (32 Latinx, 29 Asian, 26 Black, 12 white, and 5 other/unknown). Only 13% of white officers who had at least one case had 5 or more cases, compared to between 23% and 28% for all other races.
This multiple-case statistic does not impact the sustained-rate-per-case statistic or explain the disparity in sustained rates. It does, however, explain the higher frequency with which officers of color are involved in the overall number of cases annually, suggesting a disparity in exposure or case volume rather than differential sustained rates per case. This does not necessarily mean that officers with multiple cases are engaging in misconduct more often, but rather that they may be assigned to or work in situations that involve greater risk or more frequently result in a higher volume of complaints. OIA did not, however, find that particular assignment explained the 2024 disparity. Id. 11-13.
The OIA also considered whether white officers had their cases resolved more frequently by less formal processes. The data does not suggest that non-white officers are more frequently subjected to harsher discipline process, or that white officers are afforded more opportunities to take advantage of less formal or more lenient processes. The percentage of cases proceeding to full investigations rather than completed through the less formal processes of Summary Findings or Informal Complaint Resolution were consistent across race. This makes it likely that the disparities arise within fully investigated cases or, in other words, that disparities start appearing only after a case is assigned to a full investigation. Id. at 35.
3. Without An Explanation for the Disparity, and With
Evidence of Substantial Data Fluctuation in the Past
Several Years, the City is Not Provided With Meaningful Answers About What the Disparity Means and How to
Effectively Address the Disparity.
While the 2024 analysis could not provide an explanation for the disparity, it was able to provide the Department with important information and Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 30 of 42 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
27 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
recommendations to allow the Department to gather additional information that may improve its chances of obtaining an explanation for observed disparity in future data analyses.
The OIA’s 2024 analysis showed that a point in the discipline process worth further investigation is the point at which misconduct cases or allegations are generated by Department employees. It is true that these findings bear some similarity to the Department’s 2022 finding of racial disparity in sustained rates for FTARC allegations because FTARC allegations are frequently internally discovered.
However, it is also important to note that there are distinct differences. First, the 2022 disparity was not statistically significant. Second, FTARC violations are just one type of misconduct—there have not been disparities found in any other specific type of misconduct allegation. Rather, the disparity was found in overall sustained rates, and in cases and allegations of internal origin, generally. Third, disparity was not noted in the sustained rate for FTARC allegations in 2024.
It is also important to note that in response to the observed disparity in the sustained rate for FTARC allegations, the Department made policy changes to reduce discretion and improve consistent application of adding any internally discovered allegations—not just FTARC allegations—by requiring notification to the IAB Commander within 24 hours when an allegation was added to a case (Training Bulletin V-T.1, Internal Investigation Procedure Manual, revised November 2023). Unfortunately, what OIA discovered in its 2024 analysis is that the Department’s data collection must be improved before it can analyze the impact of the 2023 policy intervention. While we do not observe the same disparity in FTARC sustained rates, the 2024 data gives us concern, generally, about allegations of internal origin.
Additionally, as we drill down to look more closely at the data, it is important to remember to drill up as well, and not to lose sight of the big picture and what that tells us about trends in data beyond the 2024 data. As previously reported, Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 31 of 42 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
28 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
looking back five years, the data does not reflect that the disparity in the 2024 outcomes is part of a trend or pattern. See Fig. 5. Between 2020 and 2024, officers across all races had similar five-year average sustained rates, with white officers having the highest sustained rate. Id. When numbers fluctuate year-to-year but maintain a stable five-year average, it suggests that the fluctuations are not indicative of a long-term trend but rather variations around a stable baseline. Thus, while the data fluctuation between 2023 and 2024 was more extreme, fluctuations in the opposite direction in recent years result in a relatively consistent average across all races over a five-year period, with all races averaging between a sustained rate between 6% and a 9% over that period. This indicates that the variation observed in 2024 is not part of an ingrained trend of disparate treatment or a demonstration of cumulative disparate impact. In the monitor’s November 2025 assessment, the monitor agreed it was relevant to consider the varying sustained rates in recent years in the consideration of the 2024 sustained rates and observed racial disparity. Dkt. 1726, Eleventh NSA Sustainability Period Report of the Independent Monitor 10 (Nov. 18, 2025) (“However, these figures have fluctuated over the last few years.”)
SUSTAINED CASES BY SUBJECT OFFICER RACE
FIVE-YEAR AVERAGE
Fig. 5
2020-2024 Combined
Total
Cases
Sustained Percent
Sustained
White 1691 147 9%
Black 1298 102 8%
Latinx 2050 162 8%
Asian 1426 87 6%
Other 290 24 8%
Total 6755 522 8%
Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 32 of 42 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
29 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
4. The Department’s Response to Address Disparity is
Thoughtful, Informed, and Future-Looking.
We must remember that the reason we study past data and learn as much as we can about observed disparities is to reduce the likelihood of future disparity and improve the consistency of internal investigation outcomes and discipline. We have conducted the most thorough analysis possible on the 2024 data using the Department’s robust methodology. It is now 2026. It does not make sense for the Department to continue to investigate the 2024 data and cases when the 2025 data will soon be available. The Department should take what it learned from the 2024 study and apply its knowledge and new information to its investigation of the 2025 data.
With that in mind, the Department’s response to the 2024 study and proposed interventions are reasonably targeted to address the disparity based on the OIA’s findings. We do not know why the disparity occurred but we are concerned that it appeared to correlate with cases where misconduct is reported by Department employees rather than members of the public. The Department agreed to keep these concerning findings in the 2024 data at top of mind when it analyzes the 2025 data, and as it reviews the 2026 quarterly data. The Department is also revising its methodology to ensure case origin is consistently analyzed as part of its mandatory annual study. It is working to improve its data collection—increasing the data collected about the misconduct allegations and cases that originate internally and intervening to improve consistent data entry by members. The OIA’s recommendations are focused on how to make future data analyses more meaningful. Targeting disparity can occur in two ways: interventions designed to impact specific processes and outcomes using methods reasonably designed to mitigate the disparity, or across the board training or other interventions to reduce implicit bias and systemic issues that may be causing or supporting disparity. The 2024 data does not provide enough information to give the City a reasonable basis Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 33 of 42 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
30 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
to believe that a targeted intervention would achieve results. The Department’s response to address disparity also included additional measures aimed to impact systemic and implicit biases. Ex. 2-A. When statistically significant racial disparities exist without a clear race-neutral explanation, research and organizational best practices suggest that the disparity may be driven by systemic or implicit bias. Therefore, it is appropriate that the Department included implicit bias training and advanced race and equity courses, in addition to embedding such instruction within the Department’s Continuing Professional Training and the Chief’s Command Retreats, in order to improve discipline consistency.
The City and the Department will continue to work together to ameliorate disparity and improve discipline consistency. The Department has already begun working to complete the measures recommended in the OIA’s report. In addition, Chief Beere and DC Smith are drafting an addendum to the Department’s response to ensure that the current agency administration’s response aligns with the vision of the Chief and the IAB DC. In the coming months, the Department will also (1) review the preliminary 2025 outcome data to determine whether the disparity in sustained rates is part of a continuing trend; (2) publish the results of its 2025 survey on members’ perceptions about consistency and fairness in internal investigation and discipline the Department; and (3) conduct qualitative interviews to obtain both a deeper and broader understanding of members’ perceptions.
Plaintiffs argue that the City is not doing enough or not doing the right things to address disparity in internal investigation outcomes and discipline. The Department can and is addressing disparity through Department-wide intervention aimed at systemic and implicit bias. A more targeted intervention or change to a particular policy or practice, however, must be thoughtful and informed. The OIA study did not provide the City with enough information to give it reason to believe that any particular targeted intervention would impact the disparity in sustained rates. The City is open to considering plaintiffs’ ideas for a targeted intervention; to Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 34 of 42 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
31 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
date, they have not suggested any targeted interventions. Based on the information the City has, it is not reasonable to decide that the City’s response to this issue— either in response to the 2024 study or over all—is or has been anything other than informed, thoughtful, and thorough. The City is doing all that it can to intelligently and comprehensively address disparity in investigation and discipline.
As plaintiffs note, the Department was in compliance with Task 45 in 2022 and its compliance status was only “downgraded” following the publication of the outside investigator’s report on the elevator discharge and hit and run investigations (Chung cases). Pl. Br. at 7. This recognition is important because it affirms that the 2022 change in compliance status was not based on the Department’s ongoing efforts to use data and survey feedback to help it mitigate discipline disparity. Therefore, it would be a significant change in compliance standard and, therefore, unreasonable, to now hold the Department out of compliance on Task 45 based solely on the 2024 data and the Department’s response to address disparity in the data. Moreover, is inconceivable that the City is performing worse with respect to Task 45 now than it was in 2022, in light of the fact that, as discussed above, it has not experienced failures similar to the Chung or Tran cases since 2023, and it has undertaken further measures to prevent similar failures.
II. The City’s Proposed Transition Plan Will Prevent Progress from Stalling Following Court Oversight by Empowering Local Ownership of its Constitutional Policing Model.
This City’s local-ownership initiative aims to transition the City, Department, and the community from a mindset of court-ordered compliance to one of institutional pride in Oakland’s Constitutional Policing Model. In Mayor Lee’s first appearance before the Court in July 2025, she stated:
Under my leadership, the City will focus not only on NSA compliance but what comes after compliance, after Court oversight ends. We will remain attentive to the long term and the perpetual task of maintaining a culture in the Police Department that mirrors the culture of the community that it serves and that brings the Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 35 of 42 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
32 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
Department into the fold. It takes leadership, it takes focus, and it takes commitment.
Jul. 10, 2025 Tr. 47. Consistent with Mayor Lee’s July 2025 statement, the City will not ask the Court to terminate oversight until the City positions itself for continued, long-term success. Success in this context is not merely sustaining technical, static compliance with the NSA indefinitely following the end of Court oversight. Success is continuing our forward momentum and cultural transformation of the Department. The City’s goal is to put itself in a position where the Department has forward momentum and its vision, energy, and resources are focused on striving for even greater excellence in constitutional policing. Cultivating a sense of ownership as publicly and clearly as possible will put the City and the Department in the best possible position to successfully continue the Department’s cultural transformation after Court oversight ends.
A. The City’s Executive Leadership Will Promote Cultural Alignment.
City leadership agrees wholeheartedly with the Court’s admonition that executive leadership must drive culture; culture cannot drive the leadership. The City’s transition plan operationalizes that philosophy. Mayor Lee, City Administrator Johnson, and Chief Beere will jointly champion a clear message:
constitutional policing makes police more effective and improves public safety outcomes. The City’s constitutional policing model embodies the 51 NSA tasks and reflects the City’s and the community’s values.
The City and the Department have taken significant and definitive action, or modeling, to achieve compliance with the NSA, which is strong evidence that leadership and Department members appreciate the NSA’s value, and recognize that it is the foundation of the City’s constitutional policing model. Effective agency leaders, however, use messaging as well as modeling to ensure transparency about an agency’s goals and its leader’s commitment. Modeling without messaging, or messaging without modeling, can create misalignment. A leader must communicate Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 36 of 42 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
33 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
their ultimate goals and the values that inspire those goals; and a leader’s actions should validate their articulated vision. The City and the Department must be vocal about the value of the NSA and our constitutional policing model, and vocal about their rejection of the false narrative that the Department only complies with NSA tasks because it is required by an external mandate.
B. The Department Instituted a Constitutional Policing Unit to Support Continued Improvement of the Department’s Excellence in Constitutional Policing.
Assistant City Administrator Michelle Phillips will immediately serve as the interim Constitutional Policing Administrator. The City plans to hire a Department employee to permanently serve this role. The Constitutional Policing Unit will assist Mayor Lee and Chief Beere in promoting local ownership and moving beyond the historical association of the NSA and compliance with external oversight. The NSA tasks will be reframed as integral components of Oakland’s constitutional policing model. This shift in terminology de-emphasizes compliance-driven mandates and instead uplifts the practices begun under the NSA as an essential part of the Department’s core mission.
C. The City Will Engage with Experts to Help Communicate the City’s Message About the Value of its Constitutional Policing Model.
The City intends to engage with national and local experts, outside of the monitoring team, to discuss with Department members, City employees, and the community the value of constitutional policing and how the tenets of the NSA support our constitutional policing model, and to help elevate the City’s messaging about how our constitutional policing model improves public safety outcomes. While we recognize the monitoring team as national experts in constitutional policing and appreciate their ongoing assistance, hearing from a variety of independent experts will help build consensus on data and outcomes, and reinforce the inherent value of these practices to Department members, City employees, and the community. ///
Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 37 of 42 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
34 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
D. The City Will Share Examples of Improved Public Safety Outcomes.
By proactively sharing data and anecdotes that demonstrate how the City’s constitutional policing model improves public safety outcomes, the City build trust between the community and the Department, and encourages a value-driven view of the NSA and our constitutional policing model. This strategy aims to provide a direct link between constitutional policing and the City’s public safety goals, providing tangible evidence that these practices are not burdensome and unnecessary extra work, but essential public safety agency functions. As part of the transition plan, the City and Department will work to correct the misconception that constitutional policing is an obstacle to, rather than a component of, public safety.
E. The City Recognizes that its Constitutional Policing Model is Dynamic.
It is important to recognize and communicate that the City created the framework of the NSA, but the Department, Police Commission, and community have all contributed to building and honing the details of our constitutional policing model. The City expects that the Department and Commission will not hesitate to make improvements to our constitutional policing model as appropriate where operational observations and evidence demonstrate that policy and practice must be amended. It is vital that our community, which includes Department members, understands that there are ways to effect change when appropriate, either to end ineffectual practices or to make effective practices even better.
F. The City is Dedicated to Strengthening Relationships to Improve Trust.
A core principle of sustained reform is trust—the public’s trust in the Department, the Police Commission, and City leadership, and trust between and among the Department, the Police Commission, and City leadership.
Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 38 of 42 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
35 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
Mayor Lee continues to actively engage with members at all levels of the Department. In late November 2025, she attended a listening session with the Criminal Investigation Division and participated in the Chief’s quarterly command retreat. Mayor Lee’s engagement fosters internal trust, ensures both City and Department leaders are fully informed, and rejects the notion of the Department carrying out its public safety mission in isolation. Rather, it positions Mayor Lee as an informed policing partner. As one example of her ongoing work, tomorrow, January 21, 2026, Mayor Lee will hold a press conference to announce details of the City’s partnership with Merritt College to help the City grow and support the Department.
Interim Chief Beere began leading the Department five weeks ago, but his consistent personal engagement with the community he lives in and serves long pre-dates his tenure as Oakland’s top cop. Chief Beere’s participation in numerous events in December and January—including faith community mixers, youth violence prevention collaborations, and the Asian Police Officers’ Association dinner—demonstrates a broad, inclusive approach to community relations. His efforts extend to the most vulnerable populations, hosting lunch at the Police Administration Building for local students from several local high schools and attending Ceasefire violence prevention night walks, connecting with residents in underserved and under-resourced neighborhoods in East, West, and North Oakland.
Chief Beere’s commitment and engagement is consistently recognized as exceptional—last month he received a 2025 Appreciation Award from Bay Area United, a local organization with deep roots in the West Oakland Yemeni and immigrant community that provides inclusive and accessible youth soccer programs, mentorship, and community-building initiatives, for his dedicated leadership and support of at-risk youth—a testament to the positive impact of these trust-building endeavors and Chief Beere’s longstanding commitment to Oakland’s communities.
Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 39 of 42 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
36 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
The success of the Department’s trust-building efforts have garnered recent attention in the national media. The “OPD Gives Back Holiday event,” in December 2025, where officers shared dinner with and gave toys to 100 Oakland Unified School District students, showcased positive interactions between law enforcement and youth. Lee, Amber, Oakland Police Host Holiday Celebration for 100 Kids to Connect in a Positive Way, KTVU Fox 2, (Dec. 18, 2025, 5:39 AM), https://www.ktvu.com/news/oakland-police-host-holiday-celebration-100-kids-build- relationships (last visited Jan. 20, 2026). A similar toy giveaway in East Oakland in early January co-hosted by law enforcement and attended by Police Commission Chair Garcia-Acosta, deepened community relations within the Latinx/immigrant community. Additionally, on October 23, 2025, Chair Garcia-Acosta facilitated a listening session for family members who lost loved ones to homicides in Oakland.
During the event, sponsored by local community-based violence prevention, intervention, and healing non-profit Youth ALIVE!, family members shared testimonials about their experiences dealing with Department members and officers, including the Department’s victim service liaisons.
These interactions work in concert to transform the police-civilian dynamic from one of tension to one of shared responsibility, creating a safer and more cohesive environment for all residents, bridging historical divides through shared experience.
CONCLUSION
The reality is that there will never be a police department anywhere in the world under a consent decree or court oversight that can guarantee that at the end of oversight it will forever be a model police department. All signs, however, point to the Department being on the best possible path. Empirical evidence from jurisdictions exiting federal oversight suggests that the danger of backsliding increases when reform remains compliance-driven rather than value-driven. Reform that is perceived as merely burdensome, rather than a catalyst for improved public Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 40 of 42 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
37 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
safety outcomes, is less likely to be self-sustaining. The City’s transition plan mitigates the likelihood of regression and resistance and improves the likelihood that the City’s constitutional model will be self-sustaining.
Based on the Department’s already substantial accomplishments, the City expects that the Department will emerge even stronger and more resolute in its accountability culture following the conclusion of Court oversight. An end to Court oversight is a tangible reward that acknowledges the value of the work of not only the Department’s current personnel, but all of its members over the past 20 years who have worked tirelessly to make the Department a model of constitutional policing and earn the badge of honor that ending Court oversight will provide. We look forward to the Court’s feedback on the City’s transition plan. ///
Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 41 of 42 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
38 JOINT CASE MANAGEMENT
STATEMENT
Case No. 00-cv-4599 WHO
THE OPOA’S STATEMENT
Intervenor Oakland Police Officers Association (“OPOA”) is confident that the Oakland Police Department (“OPD”) has made great strides toward full compliance.
Moreover, OPOA has complete confidence that Chief Beere is fully capable of leading the Department into the next phase of these proceedings. The OPOA remains committed to work collaboratively with all parties to reach full compliance with the NSA.
Respectfully submitted,
Dated: January 20, 2026 RYAN RICHARDSON, City Attorney BRIGID S. MARTIN, Special Counsel
By: /s/ Brigid S. Martin*
Attorneys for Defendants
CITY OF OAKLAND
JOHN L. BURRIS
Law Offices of John L. Burris
By: /s/ John L. Burris
Attorney for Plaintiffs
JAMES B. CHANIN
Law Offices of James B. Chanin
By: /s/ James B. Chanin
Attorney for Plaintiffs
ROCKNE A. LUCIA, JR.
Rains Lucia Stern St. Phalle & Silver
By: /s/ Rockne A. Lucia, Jr.
Attorney for Intervenor
OAKLAND POLICE OFFICERS ASSOCIATION
*Per Local Rule 5-1(i)(3), the filer attests that concurrence in the filing of the document has been obtained from each of the other Signatories Case 3:00-cv-04599-WHO Document 1733 Filed 01/20/26 Page 42 of 42