1 APPROVED AS TO FORM AND LEGALITY
DRAFT
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. C.M.S.
INTRODUCED BY COUNCILMEMBER HOUSTON
RESOLUTION SUBMITTING TO THE VOTERS AT THE
NOVEMBER 3, 2026 GENERAL MUNICIPAL ELECTION A
MEASURE THAT WOULD AMEND CITY CHARTER SECTION
604 TO, AMONG OTHER THINGS:
(1) SIMPLIFY THE PROCESS FOR APPOINTING POLICE
COMMISSIONERS BY ONLY HAVING REGULAR POLICE
COMMISSIONERS THAT ARE APPOINTED ONE EACH BY
THE COUNCILMEMBERS AND ONE BY THE MAYOR;
(2) STRENGTHEN THE INDEPENDENCE OF THE OFFICE OF
INSPECTOR GENERAL BY HAVING THE CITY AUDITOR,
RATHER THAN THE POLICE COMMISSION, APPOINT THE
INSPECTOR GENERAL;
(3) STREAMLINE THE PROCESS FOR APPOINTING POLICE
CHIEFS BY USING THE SAME PROCESSES USED TO
APPOINT OTHER DEPARTMENT HEADS; AND
DIRECTING THE CITY CLERK TO TAKE ANY AND ALL
ACTIONS NECESSARY UNDER LAW TO SUBMIT THIS
MEASURE TO THE VOTERS AT THE NOVEMBER 3, 2026
GENERAL MUNICIPAL ELECTION; AND MAKING
APPROPRIATE CALIFORNIA ENVIRONMENTAL QUALITY
ACT FINDINGS
WHEREAS, since the adoption of Measures LL in 2016, Oakland has gained nearly a decade of practical experience with its civilian oversight structure, which has highlighted both areas of strength and areas of unnecessary administrative complexity; and
WHEREAS, the City remains committed to strong, transparent, and community-centered police oversight, and seeks to refine the Charter to better fulfill that commitment in light of operational experience; and
2 WHEREAS, on April 15, 1980, the City Council established the Citizens' Police Review Board (hereinafter, Board) with jurisdiction to review certain complaints alleging Oakland Police Department officer misconduct, to conduct fact-finding investigations, and to make advisory reports to the City Administrator; and
WHEREAS, on July 30, 1996, the City Council expanded the Board's jurisdiction to include complaints involving the excessive use of force, and bias based on an individual's legally protected status (race, gender, national origin, religion, sexual orientation or disability); and
WHEREAS, on November 12, 2002, the City Council passed Ordinance No. 12454 C.M.S., which further refined the Board's powers to include making recommendations to the City Administrator regarding litigated cases, and enlarged the amount of time for the Board to complete its investigations. The Board, however, was not empowered to oversee Department policy, impose discipline or adjudicate disciplinary appeals; and
WHEREAS, in 2003, the Negotiated Settlement Agreement (“NSA”) resulted from Delphine Allen, et al. v. City of Oakland (the Riders case) where multiple Police Department officers violated plaintiffs' civil rights and were found to have planted evidence and used excessive force; and
WHEREAS, on November 8, 2016, Oakland voters approved Measure LL (83.19%), adding section 604 to the City Charter and establishing: (1) a Police Commission (“Commission”) to oversee OPD policies and procedures; and (2) the Community Police Review Agency (“CPRA”) to investigate police misconduct and recommend discipline; and
WHEREAS, on November 3, 2020, Oakland voters approved Measure S1, creating a civilian Office of Inspector General (“OIG”), and further defining the authority of the Commission and the CPRA; and
WHEREAS, nearly ten years after the passage of Measure LL and nearly six years after the passage of Measure S1, Oaklanders have another opportunity to improve civilian oversight of the Oakland Police Department by streamlining how we appoint our Police Commisioners, Inspectors General, and Police Chiefs; and
WHEREAS, although the Commission currently consists of nine members, only seven are “Regular” members who are authorized to fully participate in the Commission’s work, while the other two serve as “Alternate” members who are only sometimes authorized to participate, depending on the circumstances; and
WHEREAS, making all nine Commissioners full, equal members of the body will make the system much simpler and more equitable by; and 3 WHEREAS, currently, the City’s eight Councilmembers and the Mayor each appoint one member to a nine-person Selection Panel, which in turn appoints seven of the Commissioners (while the Mayor Appoints the other two); and
WHEREAS, the current system, which requires the appointments of eighteen volunteers (nine Selection Panelists and nine Commisioners) requires two separate meeting calendars, places significant demands on City staff, makes it more difficult to find enough volunteers, and generally makes it more complicated to appoint and confirm Commisioners; and
WHEREAS, Oakland’s Councilmembers and Mayor are the City’s principal civilian leaders and policymakers, who are elected to represent Oaklanders and should be both trusted and expected to directly shape the makeup of the Commission; and
WHEREAS, consolidating the appointment authority for Commissioners directly with the City’s nine elected policy -makers – the eight Councilmembers and the Mayor - will reduce administrative burdens and red -tape, and will make the City’s elected leadership more accountable for the Commission’s success; and
WHEREAS, City Charter section 604(f)(5) empowers the Inspector General to “identify any systemic issues regarding [Police] Department and [CPRA] practices and policies” by reviewing and critiquing the practices and policies of both the Police Department and the CPRA; and
WHEREAS, the Inspector General, therefore, must be independent enough to review and critique all of the City’s constitutional policing practices and policies, including being independent enough to faithfully critique OPD policies and CPRA polices that the Commission itself endorsed or adopted; and
WHEREAS, allowing the Inspector General to be appointed by Oakland’s City Auditor - an elected official with an established mandate for impartial oversight - will strengthen the OIG’s institutional independence, bolster the appearance of impartiality, and increase the public’s trust in the office; and
WHEREAS, recent police chief recruitments have been significantly delayed due to structural and procedural complexities within the Commission -led process, leaving the Oakland Police Department without permanent leadership extended periods of time; and
WHEREAS, the Police Department did not have a permanent Police Chief from February 15, 2023 to May 11, 2024 (15 months), and according to the Police Commission’s website, the current recruitment process is not expected to result in the City’s selection of a permanent Police Chief until mid to late July, more than 9 months after the former Police Chief gave notice of his resignation; and
WHEREAS, unpredictable recruitment processes for our Police Chief and prolonged vacancies can undermine the Police Department’s momentum and stability, 4 impede the City’s public-safety planning, and deter highly qualified candidates from even applying to serve Oakland; and
WHEREAS, since recruiting, supervising, and managing a Police Chief requires professional expertise and full-time attention, our professional City Administrator and our elected Mayor are best equipped to provide civilian oversight of these processes going forward; and
WHEREAS, refining and simplifying the processes for appointing Police Commissioners, Inspectors General, and Police Chiefs will increase efficiency and reduce administrative burdens, and it will allow our Police Commissioners to focus their valuable time and expertise on strengthening constitutional -policing policies and overseeing the CPRA; now therefore be it
WHEREAS, the California Constitution Article XI section 5(b) grants charter cities power to provide in their charters for the conduct of city elections; and
WHEREAS, Oakland City Charter section 1103 provides that all elections and procedures related thereto shall be in accordance with the applicable provisions of state law, except as otherwise may be provided by ordinance or the City Charter; and
WHEREAS; Oakland City Charter section 1101 provides that General Municipal Elections for the nomination of officers and for such other purposes as the Council may prescribe shall be held in the City on the first Tuesday after the first Monday in November in each even numbered year; and
WHEREAS, Oakland Municipal Code section 3.08.010 provides that except as may be otherwise provided in Chapter 3.08 all city elections and all procedures relating thereto shall be, where practicable, in accordance with the applicable provisions of state law relating to elections in general law cities; and
WHEREAS, California Elections Code sections 1415 and 9255 authorize the City Council to submit a measure for the adoption, amendment, or repeal of the charter to the voters at a an established statewide general election at least 88 days before the election; now, therefore, be it
RESOLVED: That the City Council hereby submits to the voters at the November 3, 2026 General Municipal Election a measure to amend Charter section 604 that shall read as set forth in Attachment 1 (the “Measure”), attached hereto; and be it
FURTHER RESOLVED: That each ballot used at said election shall have printed therein, in addition to any other matter required by law the following:
PROPOSED CHARTER AMENDMENT
MEASURE
5 Measure . Shall a measure to amend the Charter to, among other things, have nine Regular Police Commissioners rather than seven Regulars and two Alternates; have the Councilmembers and Mayor each appoint one of the nine Commisioners; have the City Auditor, not the Police Commission, appoint the Inspector General; and
appoint the Police Chief in the same manner as other department heads, be adopted?
[FINAL BALLOT QUESTION SUBJECT TO CITY ATTORNEY
APPROVAL]
Yes
No
; and be it
FURTHER RESOLVED: That the City Council hereby authorizes and directs the Clerk of the City of Oakland (“City Clerk”), at least 88 days prior to the November 3, 2026 general municipal election, to file certified copies of this resolution with the Alameda County Board of Supervisors and the Registrar of Voters; and be it
FURTHER RESOLVED: That the City Council does hereby request that the Board of Supervisors of Alameda County include on the ballots and sample ballots the language to be voted on by the voters of the City of Oakland, and to print the full text of the Measure in the sample ballot pamphlet prepared for voters in connection with the election; and be it
FURTHER RESOLVED: That the City Attorney, in accord with the City Attorney’s powers and duties is hereby authorized to insert the final ballot question into this Resolution after adoption by the Council so that the ballot question constitutes a true and impartial synopsis of the final proposed Measure; and to make any changes to the text of the Measure to conform to law or requirements of the County Registrar; and be it
FURTHER RESOLVED: That in accordance with the Elections Code and Chapter
3.08 of the Oakland Municipal Code, the City Clerk shall fix and determine a date for submission of arguments for or against said proposed Charter amendment, and said date shall be posted by Office of the City Clerk; and be it
FURTHER RESOLVED: That in accordance with the Elections Code and Chapter
3.08 of the Oakland Municipal Code, the City Clerk shall provide for notice, publication and printing of notices as to said proposed Charter amendment in the manner provided for by law; and be it
FURTHER RESOLVED: That the City Clerk and City Administrator hereby are authorized and directed to take any and all actions necessary under law to prepare for and conduct the 2026 General Municipal Election and appropriate all monies necessary for the 6 City Administrator and City Clerk to prepare for and conduct the November 3, 2026 General Municipal Election, consistent with law; and be it
FURTHER RESOLVED: That in accordance with the California Environmental Quality Act (“CEQA”), CEQA Guidelines section 15378(b)(4), adoption of this Resolution to place a charter amendment on the ballot for voter approval is not a project subject to the requirements of CEQA; and in addition, this Resolution is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), since there is no possibility that the activity authorized herein may have a significant effect on the environment that has not already been studied.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - BROWN, FIFE, GALLO, HOUSTON, RAMACHANDRAN, UNGER,
WANG, AND PRESIDENT JENKINS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
Acting City Clerk and Clerk of
the Council of the City of
Oakland, California
3465728
7 ATTACHMENT 1
The people of the City of Oakland do ordain as follows:
Section 1. Amendments to Section 604 of the Charter of the City of Oakland.
Charter section 604 is hereby amended to add, delete, or modify sections as set forth below (section numbers and titles are indicated in capitalized bold type; additions are indicated by underscoring, deletions are indicated by strike-through type; portions of the provisions not cited or not shown in underscoring or strike-through type are not changed).
SECTION 604 – POLICE COMMISSION
(a) Creation and Role.
1. There hereby is established the Oakland Police Commission (hereinafter, Commission), which shall oversee the Oakland Police Department (hereinafter, Department) in order to ensure that its policies, practices, and customs conform to national standards of constitutional policing. The Commission shall have the functions and duties enumerated in this Charter Section 604, as well as those assigned to the Commission by Ordinance.
2. There hereby are established a Community Police Review Agency (hereinafter, Agency) and an Office of Inspector General (hereinafter, OIG), which shall have the functions and duties enumerated in this Charter Section 604, as well as those assigned to them by Ordinance.
3. Nothing herein shall prohibit the Chief of Police or a commanding officer from investigating the conduct of a Department sworn employee under his or her command, nor shall anything herein prohibit the Chief of Police from taking disciplinary or corrective action with respect to complaints investigated solely by the Department.
4. No later than two (2) years after the City Council has confirmed the first set of Regular Commissioners and Alternate Oakland Police Commissioners (collectively, hereinafter, Commissioners), the City Auditor shall conduct a performance audit and a financial audit of the Commission and the Agency.
Performance audits shall be conducted at least once every three (3) years thereafter.
Nothing herein shall limit the City Auditor's authority to conduct future performance and financial audits of the Commission and the Agency which may be conducted by an independent contractor selected by the Inspector General, in consultation with the City Auditor, in compliance with the City's contracting processes and procedures.
5. The City Administration shall not exercise any managerial authority over Commissioners, the Agency Director or the Inspector General, and shall not initiate an investigation for the purpose of removing a Commissioner. City employees 8 maintain the right to file, and appropriate City officials and/or staff maintain authority to investigate, complaints alleging violations of applicable Civil Service Rules, City policies, including Administrative Instructions, Memoranda of Understandings (MOUs), and employment laws and regulations.
(b) Powers and Duties. The powers and duties of the Commission are as follows:
1. Oversee the work of the Agency and the OIG, and contract with professional service providers as authorized by Ordinance.
2. Conduct public hearings at least once a year on Department policies, rules, practices, customs, and General Orders. The Commission shall determine which Department policies, rules, practices, customs, or General Orders shall be the subject of the hearing.
3. Consistent with state law and in accordance with Section 1207 of the City Charter, entitled "Oaths and Subpoenas," issue subpoenas to compel the production of books, papers and documents and take testimony on any matter pending before it except that the Commission shall not have any authority to issue subpoenas for the purpose of investigating any City employee, including an Agency employee, who is not a police officer. If any person subpoenaed fails or refuses to appear or to produce required documents or to testify, the majority of the members of the Commission may find him in contempt, and shall have power to take proceedings in that behalf provided by the general law of the State.
4. Propose changes at its discretion or upon direction, by adoption of a resolution, of the City Council, including modifications to the Department's proposed changes, to any policy, procedure, custom, or General Order of the Department which governs use of force, use of force review boards, profiling based on any of the protected characteristics identified by federal, state, or local law, or First Amendment assemblies, or which contains elements expressly listed in federal court orders or federal court settlements which pertain to the Department and are in effect at the time this Charter Section 604 takes effect. All such proposed changes and modifications shall be submitted by the Commission Chair or her or his designee to the City Council for review. The City Council shall consider the Commission's proposed changes or modifications within one hundred and twenty (120) days of the Commission's vote on the proposed changes, and may approve, modify and approve, or reject the changes. If the Council does not approve, modify and approve, or reject the Commission's proposed changes or modifications, the changes or modifications will become final.
5. Approve or reject the Department's proposed changes to all policies, procedures, customs, and General Orders of the Department which govern use of force, use of force review boards, profiling based on any of the protected characteristics identified by federal, state, or local law, or First Amendment assemblies, or which contains elements expressly listed in federal court orders or federal court 9 settlements which pertain to the Department and are in effect at the time this Charter Section 604 takes effect. If the Commission does not approve or reject the Department's proposed changes within one hundred and twenty (120) days of the Department's submission of the proposed changes to the Commission, the Department's proposed changes will become final. If the Commission rejects the Department's proposed changes, notice of the Commission's rejection, together with the Department's proposed changes, shall be submitted by the Commission Chair or her or his designee to the City Council for review. The City Council shall consider the Commission's decision within one hundred and twenty (120) days of the Commission's vote on the Department's proposed changes, and may approve or reject the decision. If the Council does not approve or reject the Commission's decision, the Commission's decision will become final.
6. Review and comment on, at its discretion, any other policies, procedures, customs, and General Orders of the Department. All such comments shall be submitted to the Chief of Police. The Chief of Police shall provide a written response to the Commission upon the Commission's request.
7. Review the Mayor's proposed budget to determine whether budgetary allocations for the Department are aligned with the Department's policies, procedures, customs, and General Orders. The Commission shall conduct at least one public hearing on the Department budget per budget cycle and shall forward to the City Council any recommendations for change.
8. Require the Chief of Police or his or her designee to attend Commission meetings and require the Chief of Police to submit an annual report to the Commission regarding such matters as the Commission shall require, including but not limited to a description of Department expenditures on community priorities as identified by the Commission. The Chief of Police or her or his designee shall also respond to requests made by the Commission, through the Chairperson, by a majority vote of those present. The Chief of Police or her or his designee shall provide to the Commission Chair an estimate of the time required to respond to the Commission's requests.
9. Report at least once a year to the Mayor, the City Council, and to the public to the extent permissible by law, the information contained in the Chiefs report in addition to such other matters as are relevant to the functions and duties of the Commission.
10. Notwithstanding any other provision of this Charter or any provision of the Oakland Municipal Code, and acting separately or jointly with the Mayor, remove the Chief of Police by a vote of no fewer than five (5) affirmative votes. If acting separately, the Commission may remove the Chief of Police only after adopting a finding or findings of cause, which shall be defined by City ordinance. The Commission must make its finding of just cause by no fewer than five (5) affirmative votes and must follow a process for notification, substantiation and documentation which shall be defined by ordinance. Upon removal, by the Commission, by the Mayor, or by the 10 Mayor and the Commission acting jointly, or upon the notice of vacancy of the position of Chief of Police, the Mayor, in consultation with the Chair of the Commission, shall immediately appoint an Interim Chief of Police. No person appointed to the position of Interim Chief of Police shall simultaneously hold additional non- sworn employment with the City, or simultaneously serve as an elected official or officer of the City. Such appointment shall not exceed six (6) months in duration unless an extension to a date certain is approved by a majority vote of the Commission. The Commission, with the assistance of the City Administrator, shall prepare and distribute a job announcement, and prepare a list of at least three (3) candidates and transmit the names and relevant background materials to the Mayor. The Mayor shall appoint one person from this list, or reject the list in its entirety and request a new list from the Commission.
1110. Send the Chairperson of the Commission and/or, the Agency Director , and/or the Inspector General or their designees to serve as non-voting members of any Oakland Police Force Review Board, as permitted by law.
1211. Hire and/or contract for, by an affirmative vote of at least five (5) members, one or more attorneys to provide legal advice to the Commission related to and within the scope of any of its powers or duties, in accordance with Section 604(i) of this Charter. When considering a candidate for an attorney position, the Commission shall consider the candidate's familiarity with laws applicable to public entities, public meetings, employee privacy, labor relations and law enforcement.
1312. Perform such other functions and duties as may be prescribed by this Charter or by City ordinance.
(c) Appointment, Terms, Vacancies, Removal.
1. The Commission shall consist of nine (9) seven (7) regular members and two (2) alternate members, all of whom shall be Oakland residents of at least eighteen (18) years of age. Alternate Commissioners shall be eligible to serve on any Commission standing or ad hoc committee, including any Discipline Committee. To the extent practicable, appointments shall be broadly representative of Oakland's diversity and shall include members with knowledge and/or experience in the fields of human resources practices, management, policy development, auditing, law, investigations, law enforcement, youth representation, civil rights and civil liberties, as well as representation from communities experiencing the most frequent contact with the Department. The City Council may require, by ordinance, that some or all of the Commissioners have expertise in a specified subject matter.
Background checks shall be required for all Commissioners. Such background checks shall not be performed by the Department. Commissioners shall be issued identification cards, but shall not be issued and shall not display, wear, or carry badges that so resemble a peace officer's badge that an ordinary reasonable person
11 would believe that Commissioners have the authority of a peace officer. The following shall not be eligible to serve as a Commissioner:
a. current sworn police officer;
b. current City employee;
c. former Department sworn employee; or
d. current or former employee, official or representative of an employee association representing sworn police officers.
2. Commissioners shall be appointed by either the Mayor or by a member of the City Council (hereinafter referred to as the Appointing Authority). Each City Council member shall appoint one (1) person, and the Mayor shall appoint one (1) person, to the Commission. Within two hundred and ten (210) days of the enactment of this Section, the Mayor shall appoint three (3) Oakland residents as Regular Commissioners, at least one of whom shall be a retired judge or lawyer with trial experience in criminal law or police misconduct, and one (1) Oakland resident as an Alternate Commissioner, and Appointing Authorities shall submit the names of these their appointees to the Council for confirmation. The Council shall have sixty (60) days after the completion of the background checks and from the date of receipt of the Mayor's Appointing Authority’s submission to accept or reject each of the Mayor's appointees as Commissioners. The Mayor shall appoint an Oakland resident to fill any Commission vacancies that were previously filled by a Mayor's appointee. If the City Council does not accept or reject an the Mayor's appointee within sixty (60) days after the completion of the background check and receipt of the Mayor's Appointing Authority’s submission, the appointee shall be deemed appointed.
3. Upon the enactment of this Section, the Selection Panel shall be disbanded. The transition from the Selection Panel model shall occur as follows All other Commissioners shall be appointed as follows:
a. Upon the enactment of this Section, Commissioners who were previously appointed as alternate Commissioners shall immediately become regular Commissioners, and all Commissioners shall continue to serve the remainder of their terms, subject to the eligibility requirements of this Charter section.
There is hereby established a nine (9) member Selection Panel. Within ninety (90) days of the enactment of this Section, each City Council member shall appoint one (1) person, and the Mayor shall appoint one (1) person, to the Selection Panel. The City Council shall, by ordinance, specify qualifications and/or disqualifying characteristics for Selection Panel members. The Selection Panel, with the assistance of the City Administrator, will solicit applications from those willing to serve on the Commission. The Selection Panel will review 12 the applications, and interview applicants to serve as members of the Commission.
b. Within sixty days (60) of the enactment of this Section, the City Clerk shall assign each sitting Commissioner and each vacancy on the Commission to an Appointing Authority by holding a public drawing. The City Clerk shall write the name of each Commissioner and identify each vacancy on a slip of paper, fold the slip so as to conceal the name, and place the slip in a box. The City Clerk shall then draw the slips of paper from the box until all the slips are withdrawn. The Commissioners and vacancies shall be assigned in the order in which the slips of paper containing the names of candidates are drawn as follows: first the Council district in numerical order, next to the at- large Council seat, and finally to the Mayor. Within one hundred and twenty days (120) of its formation, the Selection Panel, by a two- thirds (2/3) vote, shall submit a slate of four (4) regular members and one (1) alternate member to the City Council. The City Council may require the nominees to appear before the Council or a Committee of the Council. If the City Council does not accept or reject the slate in its entirety within sixty (60) days after the completion of the background checks and submission by the Selection Panel, the four (4) regular members and one (1) alternate member shall be deemed appointed. c. Former members of the Selection Panel shall be eligible to serve as Commissioners, subject to the requirements and restrictions of this Charter Section 604. Each year the Selection Panel shall re- convene, as needed, to designate replacements for the five (5) Commissioner (four (4) regular members and one (1) alternate) vacancies initially filled by the Selection Panel.
The Selection Panel shall, by a two-thirds (2/3) vote of the members present but by a vote of no fewer than five (5) members, submit a slate of names of such designated persons to the City Council for acceptance or rejection. If the City Council does not accept or reject the entire slate within sixty (60) days after the completion of the background checks and submission by the Selection Panel, all designated replacements shall be deemed appointed.
d. Each year the Mayor and each Councilmember may replace her or his assigned person on the Selection Panel. Selection Panel members may serve up to five (5) years. Upon a vacancy on the Selection Panel, the Councilmember who a
ppointed the Selection Panel member (hereinafter referred to as the Appointing Authority) shall appoint a replacement. If the Appointing Authority does not appoint the replacement within one hundred and twenty (120) days of the date of resignation, removal or expiration of the Selection Panel member's term, the Selection Panel, by a two-thirds vote of those present but by a vote of no fewer than five (5) Selection Panel members, shall choose a replacement for the vacancy. All such replacements must be confirmed by the City Council. 13 4. With the exception of the first group of Commissioners which shall serve staggered terms, the The term for each Regular and Alternate Commissioner shall be three (3) years, commencing on October 17 of the appropriate year.
5. Commissioners are limited to no more than two (2) consecutive terms, subject to the following exceptions:
a. that a A Commissioner serving the remainder of a term of less than one (1) year shall be allowed to serve two (2) additional consecutive terms.
b. A Commissioner whose term has expired may serve in a holdover capacity, at the pleasure of their Appointing Authority, for no more than one year.
6. The terms of the Commissioners shall be staggered so that the terms of three (3) Commissioners expire each year. To effect a staggering of terms among the Commissioners, the duration of the first group of Commissioners shall be determined by the Selection Panel as follows: Three (3) regular members, including one (1) of the mayoral appointees, shall have an initial term of three (3) years; two (2) regular members, including one (1) of the mayoral appointees, shall have an initial term of two (2) years; two (2) regular members, including one (1) of the mayoral appointees, shall have an initial term of four (4) years. The alternate member appointed by the Selection Panel shall have an initial term of two (2) years and the alternate member appointed by the Mayor shall have an initial term of three (3) years.
7. A vacancy on the Commission shall exist whenever a member dies, resigns, ceases to be a resident of the City, ceases to be eligible due to term limitations, is convicted of a felony, or is removed.
8. Vacancies shall be filled for any unexpired term by the appropriate Appointing Authority; provided, however, that if the Appointing Authority does not submit for confirmation a candidate to fill the vacancy within ninety (90) days of the date the vacancy first occurred, the Council may fill the vacancy. If the Appointing Authority does submit for confirmation a candidate to fill a vacancy within the ninety-day time frame and the Council does not confirm the candidate, the ninety- day period shall commence anew. For purposes of this Section, a seat filled by a holdover appointment will be considered vacant as of thirty (30) days after the expiration of the holdover's prior term of office. For vacancies occurring for reasons other than the expiration of a regular member's term, the Commission shall select one of the Alternate Commissioners to replace the regular member for that regular member's remaining term of office. If the Alternate Commissioner chosen to replace the regular member was appointed by the Selection Panel, the Selection Panel shall appoint another Alternate Commissioner. If the alternate chosen to replace the regular member was appointed by the Mayor, the Mayor shall appoint another Alternate Commissioner.
14 9. All Commissioners shall receive orientation and training as required by ordinance, including but not limited to orientation and training in the areas of Department operations, policies and procedures, including discipline procedures for police officer misconduct and failure to act, Procedural Justice, conflict resolution, national standards of constitutional policing, best practices for conducting investigations, and labor rights and laws.
10. The City Council may remove any Commissioner for cause as provided in Section 601 of the Charter. After a hearing, the City Council may also suspend any Commissioner for cause by an affirmative vote of at least six (6) members of the Council, or rescind such a suspension by the affirmative vote of at least five (5) members of the Council. A Commissioner who is suspended shall be ineligible to conduct Commission business , and the Commission shall select one of the Alternate Commissioners to replace the suspended Commissioner for the duration of the suspension. Any Commissioner may also be removed by a majority vote of the Commission only for conviction of a felony, conviction of a misdemeanor involving moral turpitude, a material act of dishonesty, fraud, or other act of moral turpitude, substantial neglect of duty, gross misconduct in office, inability to discharge the powers and duties of office, absence from three consecutive regular Commission meetings or five regular meetings in a calendar year except on account of illness or when absent by permission. The Public Ethics Commission shall have the authority to investigate all allegations which, if true, could be cause for removal of a Commissioner under Section 601 of the Charter and to refer the findings to the City Council.
(d) Meetings, Rules and Procedures.
1. The Commission shall meet at least twice each month unless it determines that one meeting is sufficient in a particular month. The Commission shall notify the public of the time and place of the meeting and provide time for public comment at each meeting. The Commission shall meet at least twice each year in locations other than City Hall.
2. The Commission shall establish rules and procedures for the conduct and operations of its business. Such rules shall be made available to the public.
3. Five (5) members shall constitute a quorum. If a quorum is not established by the regular members in attendance, the Chairperson of the Commission may designate one or more Alternate Commissioners to establish a quorum and cast votes.
Motions on all matters may be approved by a majority of those Commissioners present unless otherwise specified in this Charter Section 604.
(e) Budget and Staffing.
1. The City shall allocate a sufficient budget for the Commission, including the Agency and the OIG, to perform its functions and duties as set forth in this Charter 15 section 604, including budgeting for no fewer than two full-time legal advisors for the Agency (hereinafter Agency Attorneys). The budget set -aside for one of the Agency Attorneys may be suspended for a fiscal year or two- year budget cycle upon a finding in the budget resolution that the City is facing an extreme fiscal necessity, as defined by City Council resolution. The Agency Director shall have authority to hire and/or contract with legal advisors subject to said budget. The Agency, including the Agency Staff Attorneys, may consult with the City Attorney on police-officer investigations and discipline, including related hearings, provided there is no conflict of interest.
2. The Inspector General shall be hired by and may be terminated by the City Auditor.
The City Auditor shall periodically conduct a performance review of the Inspector General. Upon the enactment of this Section, the incumbent Inspector General shall continue to serve. Within sixty (60) days of the City Council's confirmation of the first group of Commissioners, the Oakland Citizens' Police Review Board (hereinafter Board) shall be disbanded and its pending business transferred to the Commission and to the Agency. The Executive Director of the Board shall become the Interim Director of the Agency, and all other staff will be transferred to the Agency.
3. After the effective date of this Charter section 604, the Agency Director and the Inspector General may identify special qualifications and experience that candidates for Agency and OIG staff positions, respectively, must have. Candidates for future vacancies may be selectively certified in accordance with the Civil Service Personnel Manual, as may be amended from time to time; said selective certification shall be subject to discretionary approval by the appointing authority and the Personnel Director.
4. The staff of the Agency shall consist of no fewer than one line investigator for every one hundred (100) sworn officers in the Department, rounded up or down to the nearest one hundred (100). The number of investigators shall be determined at the beginning of each budget cycle based on the number of sworn officers employed by the Department the previous June 1. At least one investigator shall be a licensed attorney. The budget set-aside for such minimum staffing may be suspended for a fiscal year or two-year budget cycle upon a finding in the budget resolution that the City is facing an extreme fiscal necessity, as defined by City Council resolution.
5. The City Administrator may assign a staff member to act as liaison to the Commission. The City shall allocate a sufficient budget for one full -time civil service employee who shall report to the Agency Director and whose duties shall include providing administrative support to the Commission and attending Commission meetings.
6. Upon a vacancy, the Agency Director and the Inspector General shall be hired by the Commission. By an affirmative vote of at least five (5) members, the Commission may terminate the Agency Director or the Inspector General. The
16 Commission may remove the Inspector General only after adopting a finding or findings of cause, which may be defined by City Ordinance. The Commission shall periodically conduct a performance review of the Agency Director and Inspector General.
7. The Agency Director and Inspector General shall be classified as a Department heads, and shall have the authority to hire and fire Agency staff and OIG staff, respectively, including Agency Attorneys, subject to section 604(e)(7) of the City Charter and consistent with state law, City Civil Service Rules and any applicable collective bargaining agreement. The Agency Director and Inspector General, in consultation with the City Administrator, shall have the authority to organize and reorganize the Agency and the OIG, respectively, subject to section 604(e)(7) of the City Charter.
78. The staff of the Agency, OIG and Commission, with the exception of the Agency Director and Inspector General themselves, shall be civil service employees in accordance with Article IX of the City Charter. Civil service staff of the Agency, OIG or Commission may not be separated from employment unless such separation is approved by the City Administrator. Background checks shall be required for all Agency investigator applicants before they are hired by the Agency. Such background checks shall not be performed by the Department. Staff of the Board who are transferred to the Agency as discussed in section (e)(2) above shall not be subject to background checks.
89. No current or former sworn employee of the Department, or current official, employee or representative of an employee association representing sworn police officers, is eligible for any staff position in the Agency, or the Commission.
(f) Investigations.
1. Beginning sixty (60) days after the City Council's confirmation of the first group of Commissioners, the Agency shall receive, review and prioritize all public complaints concerning the alleged misconduct or failure to act of all Department sworn employees, including complaints from Department non- sworn employees.
The Agency shall not be required to investigate each public complaint it receives, beyond the initial intake procedure, but the Agency shall investigate public complaints involving uses of force, in-custody deaths, profiling based on any of the protected characteristics identified by federal, state, or local law, untruthfulness, and First Amendment assemblies. The Agency shall also investigate any other possible misconduct or failure to act of a Department sworn employee, whether or not the subject of a public complaint, as directed by the Commission. The Agency shall forward a copy of each complaint it receives to the Department within one business day of receipt, and the Department shall forward a copy of each complaint it receives to the Agency within one business day of receipt. The Agency Director may report to the Commission on the status of written complaints filed with the Chief of Police asserting that Department employees have resisted attempts by the 17 Agency to conduct reasonable investigative tasks. The Agency Director shall submit to the Commission each month a list of all investigations it is conducting and shall, as permitted by law, answer any questions raised by any Commissioner regarding such investigations at a Commission meeting.
2. Subject to applicable law and provisions of this Charter Section 604, the Commission, OIG, and Agency shall have the same access to all Department files and records, including the Department's Internal Affairs Division (hereinafter, IAD) files and records, related to sworn employees of the Department, in addition to all files and records of other City departments and agencies related to sworn employees of the Department, as IAD, including but not limited to the same access to electronic data bases as IAD as permitted by law. Requests for access to such files and records shall be made by a majority vote of the Commission, by the Agency Director, or by the Inspector General. By majority vote, the Commission shall have the authority to request information from the Department, and the Chief of Police or her or his designee shall respond to such requests, as permitted by law.
Commission requests for personnel records shall have, and the Commission's vote shall articulate, a reasonable nexus to one or more of the Commission's powers and duties enumerated in subsection (b) of this Charter Section 604. All those who have access to confidential information shall maintain confidentiality as required by law.
The Department and other City departments and agencies shall make every reasonable effort to respond to the Commission's, OIG's, or Agency's requests for files and records within ten (10) days, including but not limited to: (1) records relevant to Police Department policies or practices, and (2) personnel and disciplinary records of Police Department sworn employees, as permitted by law.
3. The Agency shall make every reasonable effort to complete its investigations within one hundred and eighty (180) days of the filing of the complaint with the Agency.
The Agency shall complete its investigations within two hundred and fifty (250) days of the filing of the complaint with the Agency unless the Agency Director, in his or her discretion, makes a written finding that exceptional circumstances exist in a particular case that are beyond the Agency's control. Within thirty (30) days of completion of the investigation, the Agency Director shall issue written findings and proposed discipline regarding the allegations stated in the complaint to the Chair of the Commission and the Chief of Police. The Agency Director shall issue written findings and proposed discipline within forty- eight (48) hours of completion of any investigation of Level 1 use of force (as defined by Department policy), sexual misconduct or untruthfulness. The City Administrator shall not have the authority to reject or modify the Agency's findings and proposed discipline.
4. To the extent allowed by law and after consultation with the Commission, the Agency shall forward information to other enforcement agencies, including but not limited to the Alameda County District Attorney, when such information establishes a reasonable basis for believing that a crime may have been committed by a sworn Department employee.
18 5. The OIG shall audit the Department's compliance with the fifty -two (52) tasks described in the Settlement Agreement in United States District Court case number C00-4599, Delphine Allen, et al., v. City of Oakland, et al., and make recommendations to the Department, the Commission, and the City Council based on its audit(s), even after the Settlement Agreement expires. The OIG may review legal claims, lawsuits, settlements, complaints, and investigations, by, against, or involving the Department and the Agency, to ensure that all allegations of police officer misconduct are thoroughly investigated, and to identify any systemic issues regarding Department and Agency practices and policies. The OIG shall have access and authority to review Department data, investigative records, personnel records, and staffing information, as permitted by law, for the purpose of conducting audits of the Department. The OIG shall have access and authority to review Agency data, investigative records, personnel records, and staffing information for the purpose of conducting audits of the Agency. The OIG's access to personnel records for non-sworn employees shall be limited to training records.
The Inspector General may serve as a non -voting member of any Oakland Police Force Review Board, as permitted by law. OIG shall provide written reports of the results of its audits to the Commission and the City Council, and, upon request, shall publicly report on the results of any audits to the Commission and/or the City Council in a manner consistent with all applicable confidentiality requirements.
The Inspector General shall receive orientation and training as required by Ordinance, including but not limited to orientation and training in the areas of Department operations, policies and procedures, including discipline procedures for police officer misconduct and failure to act, Procedural Justice, conflict resolution, national standards of constitutional policing, best practices for conducting investigations, and labor rights and laws.
6. Upon the occurrence of a Serious Incident, as defined by Ordinance, the Chief of Police or her or his designee shall immediately notify the Agency Director.
(g) Adjudication.
1. If the Chief of Police agrees with the Agency's findings and proposed discipline, he or she shall notify the Agency Director who shall notify the Chair of the Commission of the agreed-upon findings and proposed discipline. The Chief shall send to the subject officer notification of the agreed- upon findings and intent to impose discipline. The Chief of Police may send such notification to the subject officer before IAD has begun or completed its investigation.
2. If the Chief of Police disagrees with the Agency's findings and/or proposed discipline, the Chief of Police shall notify the Agency Director of his or her own findings and/or proposed discipline. The Agency Director shall submit the Chiefs findings and proposed discipline in addition to the Agency's findings and proposed discipline to the Chair of the Commission. The Chair of the Commission shall appoint a Discipline Committee comprised of three Commissioners. The City Administrator shall not have authority to reject or modify the Chief of Police's 19 findings and proposed discipline. After reviewing the Agency's submission and after consulting with the Agency Director about the time available under applicable statutory deadlines, the Discipline Committee may require the Agency to further investigate the complaint by notifying the Agency Director, in writing, of the specific issues that need further investigation. After reviewing both submissions, the Discipline Committee shall resolve any dispute between the Agency and the Chief of Police. Based solely on the record presented by the Agency and the Chief of Police, the Discipline Committee shall submit its final decision regarding the appropriate findings and proposed discipline to the Chief of Police who shall notify the subject officer. The City Administrator shall not have the authority to reject or modify the Discipline Committee's final decision regarding the appropriate findings and level of discipline. The Discipline Committee shall not have the authority to conduct its own investigation.
3. If the Chief of Police prepares his or her own findings and proposed discipline and provides it to the Agency before the Agency's investigation is initiated or completed, the Agency may close its investigation or may choose not to conduct its own investigation in order to allow final discipline to proceed as proposed by the Chief, except that in investigations of Level 1 uses of force, sexual misconduct or untruthfulness, the Commission must approve the Agency's decision by a majority vote. If the Agency chooses not to close its investigation, imposition of final discipline shall be delayed until the Agency's investigation is completed and the Agency makes its findings and recommendations for discipline. The Agency shall notify the Chief of its final decision regarding how and whether it will proceed within seven (7) days of the Chiefs notice of completion of his or her investigation.
4. All employees are afforded their due process and statutory rights including Skelly rights. After the findings and imposition of discipline have become final, the subject officer shall have the right to grieve/appeal the findings and imposition of discipline if such rights are prescribed in a collective bargaining agreement. Whenever the discipline determination of a Discipline Committee is the subject of a hearing before the Civil Service Board or a labor arbitrator, the Agency Director, in consultation with the City Attorney, shall decide whether an Agency Attorney or the Office of the City Attorney shall represent the City. The Agency Director shall notify the subject officer of the Agency Director's decision no more than fourteen (14) calendar days after the date that the subject officer invokes the right to a hearing.
5. On its own motion and by no fewer than five (5) affirmative votes, the Commission may convene a Discipline Committee for cases involving allegations of Level 1 use of force, sexual misconduct and untruthfulness when either the Agency or the Department have not completed an investigation within two hundred and fifty (250) days of the filing of a complaint or when the evidence upon which either the Department or the Agency bases its findings does not include available body-worn camera footage of the incident under investigation, or when body- worn camera footage of the incident was required under Department policy but such footage was 20 not recorded or was otherwise unavailable. The Discipline Committee may require the Agency to further investigate the complaint by notifying the Agency Director, in writing, of the specific issues that need further investigation.
(h) Enabling Legislation. The Commission may make recommendations to the City Council for enacting legislation or regulations that will further the goals and purposes of this Charter section 604. The City Council may, on its own initiative, enact legislation or regulations that will further the goals and purposes of this Charter section 604. Once the Commission is seated, subsequent legislation or regulations shall be submitted to the Commission for review and comment. The Commission shall have forty-five (45) days to submit its comments to the City Council, such time to be extended only by agreement of the City Council.
(i) Legal Counsel to the Commission.
1. The dollar amount for all employees hired and/or contracts approved according to section 604(b)(12) of this Charter (hereinafter, Commission Attorneys), in aggregate, in a single fiscal year shall not exceed the amount budgeted by the City Council for such fiscal year; and such contracts shall be in the form established by the City for professional legal services contracts. By an affirmative vote of at least five (5) members, the Commission may terminate such contracts or, subject to any applicable personnel rules or collective bargaining agreements, terminate such employment.
2. Commission Attorneys shall represent the City as an organization and shall not commence any claim or other legal proceeding against the City on behalf of the Commission. Commission Attorneys shall respond to any petition or application for a writ of mandate, restraining order or injunction brought against the Commission or against Commissioners in its or their official capacity unless the Commission votes to refer the matter to the City Attorney for response. The City Attorney shall act as legal counsel on behalf of the Commission and Commissioners in all other litigation involving it or them in their official capacity in accord with section 401(6) of this Charter.
3. In accord with their role, Commission Attorneys shall not disclose the confidences of the Commission on any legal matter to any other officer of the City unless:
a. The Commission, either as a body or through its Chair, or the Vice Chair if the Chair is unavailable and the matter is time sensitive, gives Commission Attorney informed consent in writing;
b. The Commission, either as a body or through its Chair, or Vice Chair if the Chair is unavailable and the matter is time sensitive, refers the same legal matter to the City Attorney pursuant to section 401(6) of this Charter:
21 c. Commission Attorney, in her/his professional discretion, determines it is in the best interests of the Commission to consult with the City Attorney;
d. Commission Attorney, in her/his professional discretion, determines that the Rules of Professional Conduct require referral of the matter to one of the following City officers: City Administrator, Mayor, City Attorney, or Council president, Vice Mayor; or
e. The legal matter becomes, in whole or in part, the subject of litigation involving the City or any City officer, board, commission, including the Police Commission, or other agency in their official capacity.
Section 2. Severability. If any section, subsection, sentence, clause or phrase of this Measure is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Measure. The voters hereby declare that they would have passed this Measure and each section, subsection, clause or phrase thereof irrespective of the fact that one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional.