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 BUREAU OF ALCOHOL, TOBACCO,
FIREARMS AND EXPLOSIVES (ATF) AND THE OAKLAND POLICE
DEPARTMENT (OPD) FOR THE PURPOSE OF REIMBURSEMENT OF
OVERTIME SALARY AND OTHER COSTS RELATED TO OPD
PARTICIPATION IN THE ATF TASKFORCE
WHEREAS, the mission of the Burean of Alcohol, Tobacco, Firearms and Explosives (ATF) is to protect communities from violent crime, criminal organizations involved in violent crime, the illegal use and trafficking of firearms, the illegal use and storage of explosives, acts of arson and bombings, and acts of terrorism; and
WHEREAS, Oakland continues to face challenges associated to violent crime in a manner exceeding that of many large U.S. cities, and significantly higher than other Bay Area cities, with the following levels of homicides, shootings, and robberies in 2025:
• 67 homicides;
• 595 shootings
• 1,674 robberies (377 per 100K residents)
• 229 carjackings; and
WHEREAS, the ATF has resources that can help the Oakland Police Department (OPD) investigate violent crimes involving firearms as well as individuals suspected of using stolen firearms and or traffic in firearms used for violent crime; and
WHEREAS, OPD has limited resources to investigate crimes, including those of suspected criminals involving the use of firearms; and
WHEREAS, ATF is prepared to support OPD by investigating local firearm-involved violent crimes; and
WHEREAS, ATF and OPD can best solve violent firearm-related crimes in Oakland through collaborations that combine resources and knowledge; and WHEREAS, ATF and OPD previously signed an MOU on June 21st, 2023, executing the MOU through September 30, 2026; and
2 WHEREAS, Article IV, 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 ATF MOU was heard at the Privacy Advisory Commission; and
WHEREAS, OPD officers assigned to the ATF Taskforce are required to adhere to Taskforce policies and procedures, as well as OPD policies and procedures; failure to adhere to the most restrictive policies and procedures shall be grounds for dismissal from the Taskforce, and shall subject the OPD officers to administrative action by OPD; and
WHEREAS, OPD members who participate in the ATF Taskforce are required to follow City of Oakland rules and policies and state law including:
• 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
WHEREAS, OPD members who participate in the ATF Taskforce are prohibited by local and state law from engaging in enforcement operations related to civil immigration enforcement; and WHEREAS, OPD staff explained in the report accompanying a new resolution to authorize the ATF OPD MOU that OPD can and will hold its officers accountable to city and state law; and WHEREAS, the City Council ultimately adopted Resolution No. 89818 C.M.S. on June 21st, 2023, which authorized the specific ATF OPD MOU attached to the accompanying report, for the period of June 21st, 2023, through September 30, 2026; now, therefore, be it RESOLVED: That the City Administrator or designee is authorized to execute the ATF MOU attached to the accompanying report; and be it
FURTHER RESOLVED: That the ATF MOU and its BWC addendum authorizing participation between the ATF and OPD shall have a duration period of the date the MOU is signed through September 30, 2031, unless either party wishes to nullify the MOU with 60 days’ written notice; and be it FURTHER RESOLVED: That any reimbursements for overtime expenses made by the ATF to OPD shall be deposited into Fund 2912, Org 107710, Account 48720, Project TBD, and Program PS13; and be it
3 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 in accordance with Article IV, Section 401(6) of the City Charter, the MOU authorized by this resolution shall be approved 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
City of Oakland, California
3483026/AS