City Council
September 15, 2026
AGENDA REPORT
TO: Elizabeth Lake
Interim City Administrator
FROM: James P. Beere
Chief of Police
SUBJECT: OPD ATF MOU Renewal DATE: September 1, 2026
City Administrator Approval Date
RECOMMENDATION
Staff Recommends That The City Council Adopt A 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.
EXECUTIVE SUMMARY
ATF has staff and resources that help OPD investigate crimes involving illegal firearm possession, firearm trafficking, and use of firearms to commit acts of violence within the community. The ATF has created task forces (TF) in cities heavily impacted by gun violence, such as Oakland, to help coordinate criminal investigations and address networks that facilitate the flow of illegal firearms into communities. OPD’s Criminal Investigations Division (CID) can better investigate criminal networks engaged in this illegal and violent activity through TF participation. Additionally, the ATF can at times reimburse OPD for additional payroll costs of OPD officers officially attached to the TF with the signing of the TF MOU.
OPD signed the ATF MOA in June 21st, 2023. OMC 9.72 requires that OPD submit a proposed MOU with a federal partner to the Privacy Advisory Commission (PAC) for review; the City Charter requires that the City Council authorize the City Administrator or designee to enter into an agreement between the City and other government agency or organization.
OPD seeks to continue this valuable partnership by entering into a revised MOU agreement beginning October 1st, 2026, and extending for a period of 5 years (September 30th, 2031).
The City Charter requires that the City Council approve interagency agreements; OPD cannot participate in the ATF TF without City Council approval.
REASON FOR URGENCY
OPD planned to present this MOU to Privacy Advisory Commission. The 2 previous meetings were canceled due to lack of quorum. Therefore, OPD requested to schedule the agenda item straight to Council so the MOU can be approved before the end of September. The current MOU expires on September 30, 2026.
Elizabeth Lake (Sep 3, 2026 17:37:39 PDT) Sep 3, 2026
Elizabeth Lake, Interim City Administrator
Subject: OPD ATF MOU
Date: September 1, 2026 Page 2
City Council
September 15, 2026
OMC 9.72.010 states that before 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.
BACKGROUND AND LEGISLATIVE HISTORY
OPD first entered into a MOA with the ATF to form a local ATF TF in 2008. On July 27, 2016, and June 21st, 2023 OPD again re-entered into a MOA with ATF.
Federal Transparency Ordinance and Privacy Advisory Commission (PAC) Review Article IV, Section 401(6) 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. OPD recognizes that it cannot continue its partnership with the ATF TF without City Council approval.
Ordinance No. 13457 C.M.S., adopted on June 29, 2017, by the City Council, created Oakland Municipal Code (OMC) 9.72.010, “City Participation in Federal Law Enforcement Activities.” This section of the OMC requires that OPD submit a “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” before execution of said agreement.
The City Council ultimately adopted Resolution No. 87474 C.M.S. on December 11, 2018, which authorized the ATF OPD MOU for the period of July 27, 2016, through September 30, 2021.
On June 21st, 2023, the City Council adopted Resolution No. 89818 C.M.S. which extended this agreement until September 30th, 2026
The proposed MOU (Attachment A) was presented to PAC on September 3rd, 2026, along with the ATF Body Worn Camera addendum (Attachment B).
OPD TFO’s will continue to abide by the following City of Oakland and State of California guidelines related to:
• California Senate Bill (SB) SB 54 (California Values Act)1 ;
• The City of Oakland Sanctuary City Ordinance
1 1 SB 54 - California Values Act (Cal. Gov. Code §7284 et seq.) curtails use of state and local resources from engaging in deportations and create safe spaces, including at schools, health facilities, and courthouses - https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB54 2 3 Oakland Sanctuary City Ordinance (code pending) 4 5
http://www2.oaklandnet.com/oakca1/groups/police/documents/webcontent/oak032293.pdf Elizabeth Lake, Interim City Administrator
Subject: OPD ATF MOU
Date: September 1, 2026 Page 3
City Council
September 15, 2026
• DGO M-19 Sections III and VIII (A, C) (OPD policy on prohibitions regarding racial profiling and other bias-based policing)2
.
• DGO I-15 - Body Worn Camera
• DGO K-03/K-04 – Use of Force (policy/reporting)
ANALYSIS AND POLICY ALTERNATIVES
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
While Oakland has made tremendous progress related to most violent crime categories, there is still significant work necessary to allow Oakland to reach violent crime levels similar to other local cities, such as San Francsico and San Jose.
The City of Oakland remains dedicated to the multi-prong holistic approach to violence prevention and intervention laid out in the Ceasefire Strategy. Precision enforcement leveraging Federal Task Forces in coordination with the Oakland Police Department continues to be a critical element in addressing gun violence, and the trafficking of illegal firearms often utilized during gun violence, within the City of Oakland.
2 http://www2.oaklandnet.com/oakca1/groups/police/documents/webcontent/oak032293.pdf Elizabeth Lake, Interim City Administrator
Subject: OPD ATF MOU
Date: September 1, 2026 Page 4
City Council
September 15, 2026
ATF TF officers (TFOs) conduct investigations related to firearms violations, which include the illegal possession of firearms, the illegal trafficking of firearms, organized crime related to violence within the City of Oakland, and cases of arson. The ATF TF is also a partner in the efforts of the OPD Crime Gun Intelligence Center (CGIC). The CGIC utilizes the National Integrated Ballistic Information Network (NIBIN), which provides crucial intelligence about firearm-related crimes committed in Oakland and the greater Bay Area. OPD/ATF compile NIBIN leads, which have been linked to hundreds of violent crimes in our community. ATF Special Agents and TFOs frequently respond to assist law enforcement agencies and OPD in conducting investigations of individuals or groups involved in violent activities that negatively impact Oakland’s community.
OPD coordinates with ATF for local investigations of crimes and criminal networks involving firearms. The majority of Task Force investigations are linked to Oakland-based groups and/or trafficking groups facilitating the flow of firearms into the community of the East Bay. TFOs conduct surveillance, develop intelligence, and provide operational support during investigations. TFOs are required to be on-scene during operations to ensure the safety of Oakland residents as well as outside partners. OPD officers assigned to the ATF TF assist Federal prosecutors with researching court documents, interviewing witnesses, and collecting evidence needed for prosecution. Assigned officers review firearms arrests made by OPD officers and evaluate if these cases meet the standards for a Federal prosecution.
The ATF Oakland Field Office also investigates large-scale trafficking of firearms, including machine guns, into the City of Oakland. Firearm traffickers supply hundreds of firearms from neighboring States such as Nevada and Arizona. These firearms are intentionally trafficked to Oakland where they are illicitly sold and subsequently used as an instrument to commit robberies, shootings, and murders throughout the area.
In early 2026, OPD partnered with the ATF, FBI, DEA, US Marshals, and the United States Attorney’s Office (USAO) on a Federal Firearms Initiative focused on individuals who have been involved in previous acts of violence and continue to possess firearms within our communities.
This was a focused effort to address gun violence within Oakland and to deter or prevent additional acts of violence within the city. As part of this initiative, there were fifty-one (51) federal indictments of individuals for federal firearm violations. This initiative highlights the benefit of the continued partnership between OPD and Federal partners in work that is aligned with Oakland’s principles related to addressing gun violence within Oakland.
ATF and OPD can best solve violent firearm-related crimes in Oakland through collaborations that combine resources and knowledge. Through this MOU, OPD can also request reimbursement for OPD payment of overtime expenses related to OPD personnel assigned to ATF Taskforce cases; OPD can similarly request reimbursement for other costs, such as travel, fuel, training, and equipment, with prior approval of ATF. OPD will not be able to request such reimbursement without an existing MOU.
RELATED PLANNING EFFORTS
This agenda item is a routine item and does not relate to any Oakland strategic planning efforts.
Elizabeth Lake, Interim City Administrator
Subject: OPD ATF MOU
Date: September 1, 2026 Page 5
City Council
September 15, 2026
PUBLIC OUTREACH / INTEREST
No outreach was deemed necessary for this report beyond the standard City Council agenda noticing procedures.
COORDINATION
The MOU was presented to PAC on September 3, 2026. OPD consulted with the Office of the City Attorney in the development of this report and accompanying resolution.
FISCAL IMPACT
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.
RACE AND EQUITY
OPD’s coordination with ATF helps OPD to solve violent gun-related crimes and helps stem the flow of dangerous illegal firearms into our communities. All residents and visitors benefit from these efforts to investigate and prosecute individuals involved in gun violence. In Oakland, gun violence has a disproportionate impact on communities of color in vulnerable areas of the city that are already heavily impacted by economic challenges and historic inequalities. Precision enforcement efforts to address gun violence can address specific individuals involved in ongoing gun violence, while limiting or eliminating collateral damage to the rest of the community.
Elizabeth Lake, Interim City Administrator
Subject: OPD ATF MOU
Date: September 1, 2026 Page 6
City Council
September 15, 2026
ACTION REQUESTED OF THE PUBLIC SAFETY COMMITTEE
Staff Recommends That The City Council Adopt: A Resolution Authorizing The City Administrator Or Designee 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.
For questions regarding this report, please contact Lt. Gabriel Urquiza at gurquiza[email protected].
Reviewed by:
Jeffrey Smoak, Captain
OPD, Ceasefire Section
Dr. Tracey Jones, Police Services Manager I
OPD, BRM, Research and Planning
Prepared by:
Gabriel Urquiza, Lieutenant
OPD, RTOC – Ceasefire Section
Attachments (2):
A. ATF MOU
B. ATF Body Worn Camera Addendum