APPROVED AS TO FORM AND LEGALITY
___________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO ENTER
INTO A MEMORANDUM OF UNDERSTANDING (MOU) THROUGH
SEPTEMBER 30, 2031 WITH THE UNITED STATES DEPARTMENT OF
JUSTICE, DRUG ENFORCEMENT ADMINISTRATION (DEA) TO FORM THE
OAKLAND POLICE DEPARTMENT (OPD) DEA TASK FORCE GROUP (TASK
FORCE) TO COLLABORATE ON INFORMATION SHARING AND FOCUSED
OPERATIONS TO DISRUPT ILLEGAL DRUG ACTIVITY OCCURRING IN THE
CITY OF OAKLAND
WHEREAS, there are many types of drugs and narcotics listed as illegal to possess, use, manufacture, or sell anywhere in the United States (US) under the 1970 US Controlled Substances Act (CSA); and
WHEREAS, there is an established nexus between the use, manufacture, and sale of illegal narcotics and violent crime in Oakland; and
WHEREAS, the mission of the Drug Enforcement Agency (DEA) is to “enforce the controlled substances laws and regulations of the United States and bring to the criminal and civil justice system of the United States, or any other competent jurisdiction, those organizations and principal members of organizations, involved in the growing, manufacture, or distribution of controlled substances appearing in or destined for illicit traffic in the United States; and to recommend and support non-enforcement programs aimed at reducing the availability of illicit controlled substances on the domestic and international markets;” and
WHEREAS, Oakland Police Department (OPD) officers assigned to the DEA Task Force are required to adhere to Taskforce policies and procedures, as well as OPD policies and procedures; and
WHEREAS, OPD members who participate in the DEA Task Force shall are required to follow City of Oakland rules and policies and state law, including the following:
• California Senate Bill (SB) SB 54 (California Values Act) ; • The City of Oakland Sanctuary City Ordinance
• DGO M-19 Sections III and VIII (A, C) (OPD policy on prohibitions regarding racial profiling and other bias-based policing) .
• DGO I-15 - Body Worn Camera
• DGO K-03/K-04 – Use of Force (policy/reporting); and
2 WHEREAS, OPD members who participate in the DEA Task Force are prohibited by local and state law from engaging in enforcement operations related to civil immigration enforcement; and
WHEREAS, Article V, Section 504(l) of the City Charter requires that the City Council authorize the City Administrator or designee to enter into an agreement between the City and other agency or organization; and
WHEREAS, Oakland Municipal Code Chapter 9.72 provides in relevant part: “[b]efore execution of any Memorandum of Understanding or other written agreement, contract or arrangement (collectively, "MOU") between the Oakland Police Department and the FBI, or other federal law enforcement agency, regarding the Police Department's participation on the JTTF or other federal law enforcement agency task force, or any amendment to any such existing MOU, the Chief of Police shall submit the proposed MOU and any orders, policies, and procedures relevant to the subject matter of the MOU for discussion and public comment at an open meeting of the Privacy Advisory Commission”; and
WHEREAS, on September 3, 2026, the proposed DEA MOU was heard at the Privacy Advisory Commission; now, therefore, be it
RESOLVED: That the City Administrator or designee is authorized to execute the MOU with the DEA attached to the accompanying report; and be it
FURTHER RESOLVED: That the initial duration period of the MOU with the DEA shall be October 1, 2026, through September 30, 2031; and be it
FURTHER RESOLVED: That funds paid by the DEA to OPD will be deposited into Fund 2995, Org 102321, Account 46129, Project TBD, and Program PS13; and be it
FURTHER RESOLVED: That the City Administrator is authorized to accept and appropriate any reimbursements for overtime expenses without returning to the City Council; and be it
FURTHER RESOLVED: That OPD shall comply with all relevant federal laws, such as Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and rules related to lobbying, debarment, suspension, and a drug-free workspace; and be it
FURTHER RESOLVED: That in accordance with Article IV, Section 401(6) of the City Charter, the MOU authorized by this resolution shall be approved by as to form and legality before execution, and a copy of the fully executed agreement shall be placed on file with the Office of the City Clerk.
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
City Clerk and Clerk of the Council of the
3483047/AS City of Oakland, California