City Council
October 6, 2026
AGENDA REPORT
TO: Elizabeth Lake
Interim City Administrator
FROM: James P. Beere
Chief of Police
SUBJECT: OPD ATF MOU Renewal DATE: September 21, 2026
City Administrator Date
Approval
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 assist OPD in investigating 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. Pursuant to Oakland Municipal Code (OMC) 9.72 requires that OPD submit a proposed MOU with a federal partner to the Privacy Advisory Commission (PAC) for review; OMC 9.72.010 the City Charter requires that the City Council authorize the City Administrator 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.
BACKGROUND AND LEGISLATIVE HISTORY
OPD first entered into a Memorandum of Agreement (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.
Michelle Phillips (Sep 22, 2026 20:53:15 PDT)
Michelle Phillips Sep 22, 2026
Elizabeth Lake, Interim City Administrator
Subject: OPD ATF MOU Renewal
Date: September 21, 2026 Page 2
City Council
October 6, 2026
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 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 October 1, 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)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 City of 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;
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 ATF MOU Renewal
Date: September 21, 2026 Page 3
City Council
October 6, 2026
• 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.
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 Elizabeth Lake, Interim City Administrator
Subject: OPD ATF MOU Renewal
Date: September 21, 2026 Page 4
City Council
October 6, 2026
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.
Elizabeth Lake, Interim City Administrator
Subject: OPD ATF MOU Renewal
Date: September 21, 2026 Page 5
City Council
October 6, 2026
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 on October 1, 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 Renewal
Date: September 21, 2026 Page 6
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 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, Legislative Services Manager
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
Addendum to ATF JLEO Task Force MOU – March 2024 Page 1 U.S. Department of Justice
Bureau of Alcohol, Tobacco,
Firearms and Explosives
www.atf.gov
Addendum to Task Force Agreements Pertaining to Body Worn Cameras This addendum supplements the agreement between the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the partner agency establishing an ATF sponsored Task Force. Pursuant to the Bureau of Alcohol, Tobacco, Firearms and Explosives Task Force Officer Use of Body-Worn Camera (BWC) Policy, the partner agency has advised ATF that it will require its deputized officers participating in the Task Force to use Body Worn Cameras (BWCs). This addendum governs that use.
The parties hereby agree to the following:
I. TFOs will adhere to ATF’s Standard Operating Procedures for Task Force Officer Body Camera Program, and other applicable ATF policies and procedures.
II. The partner agency confirms that prior to executing this agreement it has provided to ATF details regarding the BWC system and cameras, including the details of any system protections, and any state or local policies or laws applicable to the TFO’s use of BWCs, including any retention policies as detailed in Attachment 1 – Agency Checklist.
III. Use of BWCs During ATF Federal Task Force Operations:
A. Deputized Task Force Officers (TFO) through the Joint Law Enforcement Operations (JLEO) Program will be allowed to wear and activate their recording equipment with BWCs for the purposes of recording their actions only during:
1. A planned attempt to serve an arrest warrant or other planned arrest; or
2. The execution of a search warrant.
B. TFOs are authorized to activate their BWCs upon approaching a premises or a subject, and must deactivate their BWCs when the scene is secured as determined by the federal supervisor on the scene as designated by the ATF.
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Addendum to ATF JLEO Task Force MOU – March 2024 Page 2
1. For purposes of this agreement, the term “secured” means that the scene is safe and under law enforcement control.
2. In the event circumstances arise requiring additional law enforcement assistance to secure the scene, the TFO will end BWC recording when relieved from the scene by another law enforcement agency.
3. If there are unanticipated interactions with the public or other exigent circumstances, such as contentious or violent interactions that could lead to the use of force, TFO’s will, if and when it is safe to do so, reactivate their BWC either before, during, or after a planned arrest or execution of a search or seizure warrant or order.
4. For the execution of a search warrant, BWCs should not be used for searches of property lawfully in government custody or control, or a search to obtain digital or electronic records executed by a third party, such as an electronic service provider or custodian of electronic records.
C. TFOs will follow the provisions set forth in this agreement for use of BWCs, and the provisions of this agreement will supersede any conflicting provision in the agency’s policy for TFOs while serving on the ATF Federal Task Force.
D. TFOs may use BWCs in accordance with this policy anywhere they are authorized to act as a police or peace officer under state, local, territorial or tribal law.
E. TFOs may use only agency-issued and agency-owned BWCs. TFOs will not be allowed to use any privately owned BWC or other recording device of any kind.
F. In the event a TFO’s BWC is not working or inoperable due to a technical problem or cannot be used due to physical damage, and, in the judgement of the Task Force supervisor, delaying the operation to repair or obtain a replacement BWC is not practical or would impair the operation, the TFO may participate in the operation without using a BWC.
G. Even when BWC use would be permissible in the circumstances set forth in Section III A above, TFOs are prohibited from recording:
1. Undercover personnel;
2. Confidential informants or confidential sources;
3. On-scene witness interviews prior to or after the operation;
4. Personnel using specialized investigative techniques or equipment; or
5. Actions by any non-law enforcement persons at the scene who are assisting law enforcement personnel prior to or after the operation.
H. Even when BWC use would be permissible in the circumstances set forth in Section III A above, TFOs are prohibited from activating their BWC if in the judgment of the ATF the cases involve:
Addendum to ATF JLEO Task Force MOU – March 2024 Page 3
1. National security (including international and domestic terrorism investigations or cases involving classified information);
2. Public corruption;
3. Medical facilities; or
5. Other sensitive investigations as determined by ATF.
I. Even when BWC use would be permissible in the circumstances set forth in Section III A above, TFOs shall not use BWCs to record any activities related to:
1. Specialized or sensitive investigative techniques;
2. In a sensitive area; or
3. An undercover or covert status on behalf of the ATF Federal Task Force.
IV. Partner Agency Internal Controls:
A. Partner Agency Chief/Sheriff or a Departmental Designee will serve as a point-of- contact (POC) for ATF on BWC matters.
B. The partner agency will notify ATF of any change in state or local law that will modify how ATF TFOs must use BWCs or will affect release or redaction of BWC recordings from TFO BWCs made while working under federal authority on behalf of ATF (“TFO BWC recordings”), see Appendix A.
C. The partner agency will notify ATF of any change in agency policy that will affect the storage, release, or redaction of TFO BWC recordings.
D. The partner agency will familiarize ATF Task Force personnel on the BWCs, specifically concerning their capabilities and operation during task force activities.
V. Handling of BWC Recordings Made During Task Force Operations:
A. For purposes of this agreement, the term “TFO BWC recordings” refers to audio and video recordings, and associated metadata, from TFO BWCs made while the TFO is working under federal authority.
B. In accordance with current agency policy and practice, the partner agency will provide full, un-redacted copies of TFO BWC recordings to ATF within 72 hours unless approved in writing by the ATF SAC.
C. TFOs will document BWC use and the existence of BWC recordings in the Report of Investigation (ROI). The TFO will include in the ATF ROI a statement attesting that the data provided is a fair and accurate copy of the data recorded by the BWC.
Addendum to ATF JLEO Task Force MOU – March 2024 Page 4 D. All TFO BWC recordings made during ATF Federal Task Force operations, including such recordings retained by the the partner agency and/or in the possession of any third party engaged by the partner agency to store or process BWC recordings, shall be deemed federal records of the United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (DOJ/ ATF) pursuant to the Federal Records Act.
E. Internal Dissemination:
The TFO’s partner agency is authorized to use TFO BWC recordings for internal investigations of its personnel consistent with the partner agency’s policies and procedures, not involving dissemination outside the partner agency or public release. The parent agency shall provide written notification to ATF prior to any internal review.
F. Expedited Public Release:
All TFO BWC recordings made during ATF Federal Task Force operations are federal records and shall be retained and disseminated in accordance with all applicable federal laws, policies and procedures including the Federal Records Act, Freedom of Information Act, and/or the Privacy Act. All TFO BWC recordings made during ATF Federal Task Force operations will be provided to ATF. The Department will work to expedite the public release of BWC recordings depicting conduct resulting in serious bodily injury or death of another consistent with DOJ policies and subject to any redactions as appropriate. If a TFO partner agency plans to release TFO BWC recording(s) from a BWC issued by the partner agency that depict conduct committed solely by a TFO resulting in serious bodily injury or death of another, the TFO’s partner agency shall notify ATF, providing as much advance notice as possible as to the time and manner of its release. Following the notification, the TFO’s partner agency may release such recording(s), subject to any redactions as appropriate.
If a TFO partner agency plans to release TFO BWC recording(s) from a BWC issued by the partner agency that depict conduct committed solely by an ATF agent resulting in serious bodily injury or death of another, the TFO’s partner agency shall notify and coordinate the release with ATF, providing as much advance notice as possible as to the time and manner of its release. Following the notification, the TFO’s partner agency may release such recording(s), subject to any redactions as appropriate.
G. In all circumstances, TFO BWC recordings shall be treated as law enforcement sensitive information, the premature disclosure of which could reasonably be expected to interfere with enforcement proceedings, and as potential evidence in a federal investigation, subject to applicable federal laws, rules, and policy concerning
Addendum to ATF JLEO Task Force MOU – March 2024 Page 5 disclosure or dissemination (including but not limited to 28 C.F.R. Ch. 1, Pt. 16, Subpart B, “Touhy”, absent appropriate redaction prior to disclosure or dissemination). Accordingly, these recordings are deemed privileged absent appropriate redaction prior to disclosure and may be entirely exempt from public release under federal laws, rules and policies.
H. If a TFO BWC recording involves a use of force incident to include: a shooting incident, any incident involving serious bodily injury or death, or where any enforcement action by ATF resulted in the use of force or deadly force; physical assault or attempted physical assault on a Law Enforcement Officer; intentional damage to any facility, conveyance or any property owned by ATF, or involves another time-sensitive or urgent situation, the partner agency will provide ATF copies on an expedited basis, including during non-business hours. For purposes of this provision, use of force incidents include, but are not limited to, incidents utilizing intermediate weapons, i.e., TASERs, expandable batons, kinetic energy projectiles, emergency/improvised intermediate impact weapons, such as, a flashlight or radio; any use of force resulting in serious injury or death; canine bites resulting in penetration of human skin; and all shooting incidents.
I. The partner agency will provide witnesses as needed to authenticate TFO recordings in ATF cases.
J. The partner agency will inform ATF of the length of time TFO BWC recordings will be retained by the agency before deletion. The partner agency will honor any request by ATF to retain the TFO BWC recordings for a longer period of time.
K. The partner agency will notify ATF immediately of any unauthorized access to TFO recordings discovered by the agency.
L. The partner agency will cooperate fully with ATF in the investigation of any unauthorized access to or disclosure of TFO recordings, including providing ATF the name(s) of any agency personnel determined by the agency to be involved in unauthorized access, copying, or disclosure.
M. The partner agency's failure to comply with any part of this addendum may result in immediate termination of the Task Force Memorandum of Understanding.
N. The partner agency will notify ATF as soon as possible regarding any request or demand for release or disclosure of TFO recordings, including but not limited to subpoenas, discovery demands or motions, open record/freedom of information requests, media requests, or union or other professional association requests.
Addendum to ATF JLEO Task Force MOU – March 2024 Page 6 ATF and the partner agency agree to the provisions set forth in this agreement.
Printed Name of Special Agent in Charge Signature of Special Agent in Charge Date Printed Name of Partner Agency
Representative and Name of Partner Agency
Signature of Partner Agency Representative Date
Due to state and/or local law(s) requiring recording outside the parameters of this agreement, ATF and the partner agency agree to the provisions set forth in this agreement along with the revised language detailed in, ATF TFO BWC MOU Addendum-Appendix A.
Printed Name of Special Agent in Charge Signature of Special Agent in Charge Date Printed Name of Partner Agency
Representative and Name of Partner Agency
Signature of Partner Agency Representative Date
OR
Attachment: ATF TFO BWC MOU Addendum-Appendix A
TFO BWC MOU ADDENDUM
Appendix A
The following is controlling guidance for situations that may affect a Task Force (TF) partner agency regarding the TFO (Task Force Officer) BWC (Body Worn Camera) MOU (Memorandum of Understanding) Addendum. This guidance is issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Body Worn Camera Program (BWCP) and ATF Office of Chief Counsel (CC):
Review Boards/Other Public Dissemination: If an agency is under a consent decree or otherwise required by statute, law, or agreement to disclose BWC footage to a review board, that entity and their access to the agency BWC and the qualifying events or incidents that are the subject of the agreement will be described in a letterhead memo that the ATF will keep in the BWC MOU tracking system. The memo should include the timeline for that board to receive the footage, if their access to an agency BWC Video Retention System is direct or indirect, and whether the review board has independent/unilateral public disclosure authority.
This information will assist the ATF Chief Counsel in determining what timeline they may be under to perform agency review if a qualifying incident occurs where TFO and/or ATF BWC footage has been recorded.
State/Local Law(s): If state law or statute requires recording outside the parameters of ATF TFO BWC MOU Addendum, the agency will provide that information and a copy of the legal justification to the ATF BWCP. Any recording of events outside of the TFO enforcement action (i.e., medical facilities, prisoner transport) should be separated if possible. This separation can be achieved by deactivating the recording of the TFO BWC prior to reactivation of recording upon the start of an ATF enforcement action, and/or deactivating the recording of the TFO BWC when a scene is concluded and secure. The TFO can then reactivate recording when the officer is operating under their agency policy alone for a nonTFO agency responsibility. When separate recording(s) are possible, ATF will receive only the enforcement BWC recording. If deactivation and reactivation of recording are not feasible or are not permitted by state law, the entire recording will be shared with ATF with the understanding that ATF will, if necessary, redact the entire portion of any recording that shows the TFO performing an agency duty where they are not operating under the ATF Task Force (TF) MOU parameters for enforcement actions. If a partner agency TFO BWC has the technical capability to apply a marker during a recording, the TFO will apply the marker at the beginning and end of the enforcement action, if feasible.
Short term operations: Any TF partner agency not covered by an existing executed ATF TFO BWC MOU Addendum and any non-partner state, local, federal, or tribal agency are authorized to utilize their BWC during an ATF short term operation or ATF led national initiative after agreeing to share any BWC footage obtained during the operation with the ATF upon request. Any BWC footage of a critical incident such as an Officer Involved Shooting or other use of force leading to death will be shared as soon as possible after the incident. Other footage will only be requested if the ATF has a mission-related requirement that can only be supported by receipt of the BWC recording from the BWC agency.
Body Worn Camera Program
Bureau of Alcohol, Tobacco, Firearms and Explosives