City Council
October 6, 2026
AGENDA REPORT
TO: Elizabeth Lake
Interim City Administrator
FROM: James P. Beere
Chief of Police
SUBJECT: OPD DEA Task Force MOU DATE: September 21, 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 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.
EXECUTIVE SUMMARY
The proposed resolution, would authorize the City Administrator to enter into an MOU to authorize OPD participation in the OPD DEA Task Force (TF). The Task Force focuses on investigations related to trafficking of illegal drugs in Oakland. Through the MOU, the DEA will provide one or more special agents to the Task Force, and OPD will provide at least one officer.
The DEA will also provide funding for office space, supplies, travel funds, equipment, and training, subject to funding availability.
BACKGROUND AND LEGISLATIVE HISTORY
There is an established nexus between the use, manufacture, and sale of illegal narcotics and violent crime in Oakland. The mission of the 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.
The DEA State and Local Task Force combines federal leverage and the specialists available to the DEA with state and local officers’ investigative talents and detailed knowledge of their jurisdiction to lead drug law enforcement investigations. The DEA shares resources with state and local officers, thereby increasing the investigative possibilities available to all.
Michelle
Michelle Phillips (Sep 23, 2026 13:16:12 PDT) Phillips Sep 23, 2026 Elizabeth Lake, Interim City Administrator
Subject: OPD DEA Task Force MOU
Date: September 21, 2026 Page 2
City Council
October 6, 2026
DEA Task Forces also allow state and local police agencies to receive a share of forfeited drug proceeds; participation in DEA Task Forces also allows the DEA to pay for the overtime and investigative expenses of participating police agencies.
Role of Oakland Privacy Advisory Commission with Federal Agreements Ordinance No. 13457 C.M.S. “Federal Transparency Ordinance,” passed October 3, 2017, requires that for MOUs with federal agencies, 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” (PAC) before execution of said agreement.
On February 6th, 2024, the City Council voted to adopt resolution 90086 C.M.S which authorized the DEA Taskforce MOU in alignment with the staff recommendation.
The current proposed DEA MOU was presented to PAC on October 1st, 2026. OPD will continue to provide Federal Task Force annual reports to the PAC and City Council annually.
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)0F 1 ;
• 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)1F
2 .
• DGO I-15 - Body Worn Camera
• DGO K-03/K-04 – Use of Force (policy/reporting)
ANALYSIS AND POLICY ALTERNATIVES
The MOU would authorize OPD involvement with the DEA Task Force, stipulates that OPD will assign one OPD sworn officer to work in partnership with the DEA Task Force; the DEA will provide and fund eight Special Agents to be assigned to the Task Force, and, subject to funding availability, also provide funding for office space, supplies, travel funds, equipment, and training.
So far in 2026, the DEA TF has seized 16.69 kg of powdered Fentanyl, over 4,000 Fentanyl Pills, 62 kg of methamphetamine, and 10,109 pills containing methamphetamine.
Methamphetamine and Fentanyl have had a tremendous impact on the community of Oakland and are extremely dangerous to both the users of these illicit drugs and the communities where these controlled substances are trafficked. Regionally, seizures are on a larger scale, but also 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 2 http://www2.oaklandnet.com/oakca1/groups/police/documents/webcontent/oak032293.pdf Elizabeth Lake, Interim City Administrator
Subject: OPD DEA Task Force MOU
Date: September 21, 2026 Page 3
City Council
October 6, 2026
significantly impact Oakland, as Oakland has historically been used as a hub for wholesale trafficking and the through transport of illegal controlled substances and precursor chemicals used to process narcotics and controlled substances. Through August 20th, 2026, the DEA Task Force has made approximately 121 arrests in 2026 related to state and federal narcotics/controlled substances offenses.
Oakland continues to face challenges related to the violence frequently associated with drug trafficking activity. Drug traffickers often target and impact vulnerable populations, especially the unhoused community, and distribute destructive narcotics and controlled substances within our communities. For decades, as a byproduct of the drug trade, assaults and shootings have occurred on the streets of Oakland as drug trafficking groups compete for territory or a market share of the narcotics/controlled substances illicit economy. Based on an analysis of shooting data/information from 2024 and 2025, at least forty-eight (48) shootings appeared to have stemmed from illegal narcotics/controlled substances activity.
It is also recognized that the overwhelming majority of illegal narcotics and controlled substances are transported to/from outside of the State of California. The DEA Task Force provides the ability to investigate and prosecute state/federal drug violations across jurisdictions in a manner that OPD and state resources would likely be unable to investigation/prosecute.
OPD and DEA Task Force coordination is a critical element in working to address both the violence associated with drug trafficking activity and the public health impact of dangerous illegal drugs being distributed within the City of Oakland.
RELATED PLANNING EFFORTS
This agenda item is a routine item and does not relate to any Oakland strategic planning efforts.
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 October 1, 2026, and OPD consulted with the Office of the City Attorney in the development of this report and accompanying resolution.
FISCAL IMPACT
There are no additional personnel or other costs to OPD associated with membership in the DEA; OPD will designate one or more officers already employed through OPD’s operating budget. Any distributions of forfeited assets from DEA to OPD shall be deposited into Fund 2995, Org 102321, Account 46129, Project TBD, and Program PS13.
Elizabeth Lake, Interim City Administrator
Subject: OPD DEA Task Force MOU
Date: September 21, 2026 Page 4
City Council
October 6, 2026
RACE AND EQUITY
OPD’s collaboration with the DEA helps OPD to target not only illegal drug and narcotics trafficking but violent crime connected to illegal drug trafficking and associated networks through investigation via intelligence led policing. All residents and visitors benefit from these efforts to investigate and prosecute individuals involved in this illegal and dangerous activity.
Elizabeth Lake, Interim City Administrator
Subject: OPD DEA Task Force MOU
Date: September 21, 2026 Page 5
City Council
October 6, 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 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.
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
OPD, BRM, Research and Planning
Prepared by:
Gabriel Urquiza, Lieutenant
OPD, RTOC – Ceasefire Section
Attachments (1):
A: Alameda OPD Narcotics Taskforce MOU
LAW ENFORCEMENT SENSITIVE
-For OƯicial Use Only1
LAW ENFORCEMENT SENSITIVE
-For OƯicial Use OnlyDrug Enforcement Administration
State and Local Law Enforcement Agency
Memorandum of Agreement
This agreement is made this _______ day of______________, 20_____, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the __________________________________________________ (hereinafter “parent agency”), ORI#_________________; Unique Entity Identifier (UEI#)__________________. The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873.
WHEREAS there is evidence that trafficking in narcotics, dangerous drugs, controlledsubstance pharmaceuticals, and/or listed chemicals exists in the __________________________________ area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of __________________________________, the parties hereto agree to the following:
1. The ______________________________________________ (DEA ____________) will perform the activities and duties described below:
a. Disrupt the illicit drug traffic in the ___________________________________ area by immobilizing targeted violators and trafficking organizations; b. Investigate, gather and report intelligence data relating to trafficking in narcotics and dangerous drugs, trafficking of controlled pharmaceuticals and/or listed chemicals; and
c. Conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the DEA ____________’s activities will result in effective prosecution before the courts of the United States and the State, Commonwealth, or Territory of _____________________________________. d. Investigate, disrupt and dismantle individuals and/or organizations involved in diversion schemes (e.g., “doctor shopping,” prescription forgery, and prevalent retail-level violators) of controlled pharmaceuticals and/or listed chemicals in the ___________________________________________ area; if applicable.
2. To accomplish the objectives of the DEA ____________, the parent agency agrees to detail experienced officer(s) to the DEA ____________ for a period of not less than Attachment A
29 July 26
Oakland Police Department
CA0010900 GBDMTM5J75R6
Greater East Bay Area of California
Greater East Bay Area of California
San Francisco Field
Greater East Bay Area of California
California
Greater East Bay Area of California
Division
Division
Division
Division
LAW ENFORCEMENT SENSITIVE
-For OƯicial Use Only2
LAW ENFORCEMENT SENSITIVE
-For OƯicial Use Onlytwo years.1
During this period of assignment, the parent agency officer(s) will be under the direct supervision of DEA supervisory personnel assigned to the DEA ____________.
3. The parent agency officer(s) assigned to the DEA ____________ shall adhere to all DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the DEA ____________. Failure to complete mandatory DEA training within the required timeframe shall be grounds for dismissal from the DEA ____________.
4. In instances where parent agency policy or state/local law imposes a requirement that is not addressed in DEA policy, the parent agency will promptly notify DEA and provide DEA with written copies of the applicable law and/or policy. Whether the parent agency officer will comply with parent agency policy in such instances will be at the discretion of DEA.
5. The parent agency officers assigned to the DEA ____________ shall be deputized as Task Force Officers pursuant to 21 U.S.C. § 878.
6. To accomplish the objectives of the DEA ____________, DEA will assign Special Agent(s) and/or Diversion Investigator(s), if applicable, to the DEA ____________.
Other support to DEA office(s), including any overtime reimbursement, is funded on the basis of whether the group is DEA Program Funded, Fee Funded (SPEAR), or HIDTA Funded.
a) DEA Program Funded - To accomplish the objectives of the DEA ____________, DEA will assign DEA Special Agent(s) to the DEA ____________ and up to _______ (______) Task Force Officer(s). The parent agency agrees to provide and maintain a vehicle for use for each of its assigned Task Force Officers. DEA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agent(s) and parent agency officer(s) assigned to the DEA ____________.
This support will include: office space; office supplies; travel funds; funds for the purchase of evidence and information; investigative equipment; training; and other investigative support items.
b) Synthetics Precursors Enforcement and Regulations (SPEAR) (Fee Funded) - DEA will, subject to the availability of annual Diversion Control Fee Account (DCFA) funds, provide necessary funds, vehicles, and equipment to support the activities of the DEA Special Agent(s) and up to _______ (______) Task Force Officer(s) assigned to the DEA ____________. This support will include: vehicles; office space; office supplies; travel funds; funds 1 The number of oƯicers assigned cannot exceed the number of positions allocated by the Division’s Table of Organization.
One 1
Zero
0 Division
Division
Division
Division
Division
Division
Division
Division
Division
Division
Division
LAW ENFORCEMENT SENSITIVE
-For OƯicial Use Only3
LAW ENFORCEMENT SENSITIVE
-For OƯicial Use Onlyfor the purchase of evidence and information; investigative equipment; training; and other investigative support items, as available DCFA funds permit. While on duty and acting on DEA’s business, the parent agency officer(s) assigned shall be subject to all DEA and federal government rules, regulations and procedures governing the use of Official Government Vehicles (OGVs) and home to work transportation when authorized. Accidents involving vehicles while in use for DEA ____________ purposes shall be reported and investigated in accordance with the procedures of DEA and the parent agency.
c) High Intensity Drug Trafficking Areas (HIDTA) (HIDTA Funded) - Subject to the availability of funding, and HIDTA planning and budgeting guidance, HIDTA will provide funding to support the activities of Federal Special Agents, and up to _______ (______) Task Force Officer(s), and other specified employees (if any). This support will include: office space; office supplies; travel funds; funds for the purchase of evidence and information; investigative equipment; training; and other investigative support items. The parties to this agreement understand that financial reimbursement to participating organizations is subject to the budgeting, administrative and managerial decisions of the HIDTA Executive Board, as well as the availability of HIDTA funding (from whatever source).
Vehicles may be provided by the parent agency or furnished by DEA subject to the availability and approval of HIDTA funding for vehicle leases. DEA may request that HIDTA fund installation and removal of mobile radios in DEA ____________ vehicles and reimburse the parent agency for fuel, maintenance, and repair attributable to use of the vehicles for DEA ____________ purposes. Accidents involving vehicles while in use for DEA ____________ purposes shall be reported and investigated in accordance with the procedures of DEA and the parent agency.
While on duty and acting on DEA’s business, the parent agency officer(s) assigned to the HIDTA group shall be subject to all DEA and federal government rules, regulations and procedures governing the use of OGV and home to work transportation when authorized.
d) DEA Provisional - DEA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agent(s) and up to _______ (______) Task Force Officer(s) assigned to the DEA ____________. This support will include: office space; office supplies; travel funds; funds for the purchase of evidence and information; investigative equipment; training; and other investigative support items. DEA does not reimburse for Provisional TFO overtime, and vehicles must be provided by the parent agency. Although DEA does not normally reimburse for Provisional Zero 0
Zero 0
Division
Division
Division
Division
Division
LAW ENFORCEMENT SENSITIVE
-For OƯicial Use Only4
LAW ENFORCEMENT SENSITIVE
-For OƯicial Use OnlyTFO overtime, TFOs may be eligible to receive overtime from eligible funding sources, subject to the availability of funds.
7. During the period of assignment to the DEA ____________, the parent agency will remain responsible for establishing the salary and benefits, including overtime, of the officer(s) assigned to the DEA ____________, and for making all payments due to them. DEA will, subject to availability of funds, reimburse the parent agency for overtime payments. Annual overtime for each state and local law enforcement officer is capped at the equivalent to 25% of the salary of a GS-12, step 1, of the general pay scale for the rest of the United States. Reimbursement for all types of qualified expenses shall be contingent upon availability of funds and submission of a proper request for reimbursement, which shall be submitted monthly on a fiscal year basis, and which provides the name of each officer(s) who incurred overtime in support of DEA investigations during invoiced period to include the number of overtime hours incurred, the hourly regular and overtime rates in effect for each officer, and the total cost for the invoiced period. If HIDTA funded, HIDTA will, subject to availability of annually appropriated funds, reimburse the parent agency for overtime payments incurred by its Task Force Officers. Each invoice submitted must include an invoice number and invoice date. The parent agency will bill overtime as it is performed, and no later than 30 days after the end of each month in which the overtime is performed. The parent agency will submit invoices to
__________________________________ (DEA Division) process coordinator email box (________________________________________). Note: Task Force Officer’s overtime “shall not include any costs for benefits, such as retirement, FICA, and other expenses including taxes.”
8. In no event will the parent agency charge any indirect cost rate to DEA for the administration or implementation of this agreement.
9. The parent agency shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on-site inspection and auditing of such records and accounts.
10. The parent agency shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts, or expenditures relating to this agreement. The parent agency shall maintain all such reports and records until all audits and examinations are completed and resolved, or for a period of six (6) years after termination of this agreement, whichever is later.
San Francisco
[email protected]
Division
Division
LAW ENFORCEMENT SENSITIVE
-For OƯicial Use Only5
LAW ENFORCEMENT SENSITIVE
-For OƯicial Use Only11. The parties acknowledge and understand that the United States of America is liable for the wrongful actions or inactions of Federal employees, including those Federal employees deputized as Task Force Officers, who are acting within the scope of their employment under the Federal Torts Claim Act (2 8 U.S.C §§ 2671 – 2680). This may extend to representation of the covered employee if in the best interests of the United States (28 C.F.R. § 50.15(a)(2)). A state or local employee participating in the DEA group may concurrently or separately be covered for the purposes of liability by their employer.
12. The parent agency shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I.
13. The Parent Agency’s signature to this agreement certifies the Parent Agency’s compliance with the certifications required under 2 C.F.R. Part 2867 (Nonprocurement Debarment and Suspension); 28 C.F.R. Part 69 (New Restrictions on Lobbying); and 28 C.F.R. Part 83 (Government-Wide Requirements for Drug-Free Workplace). DEA awards Federal funds under this cooperative agreement in reliance upon the Parent Agency’s certification of compliance with these requirements. The Parent Agency has accordingly reviewed these regulations.
14. When issuing statements, press releases requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or part with federal money, the parent agency shall clearly state: (1) percentage of the total cost of the program or project which will be financed with federal money; and (2) the dollar amount of federal funds for the program or project.
15. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2031. This agreement may be terminated by either party on thirty (30) days’ advance written notice. DEA’s support to the DEA ____________, including reimbursement of overtime, is subject to the availability of funds on a fiscal year basis (October 1 through September 30 of the next year). Billing for all outstanding obligations must be received by DEA within 30 days of the end of the fiscal year or within 30 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by parent agency during the term of this agreement on a fiscal year basis, subject to the availability of funds.
Division
LAW ENFORCEMENT SENSITIVE
-For OƯicial Use Only6
LAW ENFORCEMENT SENSITIVE
-For OƯicial Use OnlyFor the Drug Enforcement Administration:
Special Agent in Charge Division
Printed Name Date
For the Parent Agency:
Agency Head Date
Printed Name and Title
[END OF DOCUMENT]
Bob P. Beris
San Francisco