September 2026
CITY OF OAKLAND
COMMUNITY POLICE REVIEW AGENCY
STANDARD OPERATING PROCEDURES
CITY OF OAKLAND
COMMUNITY POLICE REVIEW AGENCY
STANDARD OPERATING PROCEDURES
September 2026
TABLE OF CONTENTS
SECTION 1 INTRODUCTION AND AUTHORITY ............................................................................1
1.1 Mission, Vision, and Core Values...............................................................................................1
1.2 Legal Framework and Statutory Authority..................................................................................1
1.3 Purpose and Scope of Standard Operating Procedures................................................................2
1.4 Agency Independence and Separation from City Administration...............................................2
1.5 CPRA’s Role in Police Oversight ...............................................................................................2 SECTION 2 STAFFING AND PROFESSIONAL STANDARDS.........................................................3
2.1 CPRA Organizational Structure ..................................................................................................3
2.2 Role and Responsibilities of CPRA Executive Director .............................................................3
2.3 Civil Service Classifications and Staff Roles..............................................................................4
2.4 Investigator Staffing ....................................................................................................................5
2.5 Staff Qualifications and Agency Attorney Mandates..................................................................5
2.6 Background Check Requirements...............................................................................................5
2.7 Professional Conduct and Code of Ethics ...................................................................................6 SECTION 3 PUBLIC COMPLAINT INTAKE AND PROCESSING ...................................................6
3.1 How to File a Complaint .............................................................................................................6
3.2 Community Outreach and Public Education ...............................................................................6
3.3 Complaint Forms and Language Access.....................................................................................7
3.4 What Happens When CPRA Receives a Complaint....................................................................7
3.5 Review and Prioritization ............................................................................................................7 SECTION 4 INVESTIGATIVE PROTOCOLS AND PROCEDURES .................................................8
4.1 Complaints CPRA Must Investigate............................................................................................8
4.2 Other Investigations.....................................................................................................................8
4.3 Complaint Classification, Closure, and Reopening.....................................................................8
4.4 Investigative Timelines................................................................................................................9
4.5 Investigator Training .................................................................................................................10
4.6 Officer Cooperation and Subpoenas..........................................................................................10
4.7 Interviews and Recording..........................................................................................................10
4.8 Access to OPD Records.............................................................................................................10
4.9 Investigating Serious Incidents..................................................................................................11
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4.10 Referral to the District Attorney................................................................................................11 SECTION 5 FINDINGS, PROPOSED DISCIPLINE, AND ADJUDICATION..................................11
5.1 Formulation of Investigative Findings ......................................................................................11
5.2 Proposed Discipline...................................................................................................................12
5.3 Reporting Timelines upon Investigation Completion................................................................12
5.4 Chief of Police Concurrence (Agreed-Upon Findings and Discipline).....................................12
5.5 Referral to a Discipline Committee (Chief Non-Concurrence).................................................12
5.6 Discipline Committee Process...................................................................................................13
5.7 Skelly Hearing Protocols and Post-Skelly Final Discipline Determinations..............................13
5.8 Notification of Final Disposition to Complainants....................................................................14
5.9 Appeal and Grievance Procedures.............................................................................................14
5.10 Legal Representation Selection for Disciplinary Appeal Hearings...........................................14
5.11 Voluntary Restorative Mediation Program................................................................................14 SECTION 6 REPORTING, DATA MANAGEMENT, AND CONFIDENTIALITY..........................14
6.1 Monthly Reporting on Pending Cases.......................................................................................14
6.2 Semi-Annual Public Reporting to the City Council Public Safety Committee .........................15
6.3 Public Records Disclosures and Document Redaction..............................................................15
6.4 Confidentiality of Peace Officer Personnel Records.................................................................15
6.5 Records Retention and Security Safeguards..............................................................................16
6.6 Cooperation with External Oversight Bodies............................................................................16 SECTION 7 COMPLAINT INVESTIGATION AND RESOLUTION WORKFLOW .......................17
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SECTION 1 INTRODUCTION AND AUTHORITY
1.1 Mission, Vision, and Core Values
The Community Police Review Agency (CPRA or Agency) is a civilian-run, community-centered police oversight agency that investigates allegations of Oakland Police Department (OPD) misconduct. CPRA's mission is to achieve fairness, impartiality, and timeliness in its investigations to strengthen police accountability, and to ensure constitutional policing that respects the civil rights of the people of Oakland.
The Agency performs objective and thorough investigations and operates under core values of integrity, fortitude, objectivity, respect, and transparency. Investigators examine all evidence with an open, questioning mind, treating every complainant, witness, and officer with equal dignity.
After completing an investigation, CPRA issues findings and, when appropriate, recommends disciplinary action or policy changes.
The Agency operates on the principle that community safety and constitutional policing are mutually reinforcing. The Agency investigates police encounters, uses of force, and stops with impartiality to enforce accountability and build public trust within the City of Oakland.
1.2 Legal Framework and Statutory Authority
The legal authority, jurisdiction, and duties of CPRA derive from the Oakland City Charter and the Oakland Municipal Code.
1.2.1 Oakland City Charter Section 604
Article VI, Section 604 of the Charter of the City of Oakland establishes CPRA as an independent administrative department of city government. The Agency has exclusive civilian jurisdiction to receive, review, and investigate public complaints regarding misconduct or failure to act by sworn employees of the Oakland Police Department. CPRA jurisdiction includes complaints filed by non-sworn employees of OPD.
CPRA is required to investigate public complaints involving uses of force, in-custody deaths, profiling based on any of the protected characteristics identified by federal, state, or local law, untruthfulness, and First Amendment assemblies. CPRA may also investigate alleged misconduct as directed by the Oakland Police Commission (OPC or Commission).
As required by the Charter, CPRA sends each complaint it receives to OPD's Internal
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Affairs Bureau (IAB).1 In some cases, IAB may investigate an allegation of misconduct, and CPRA may not.
[Charter §§ 604(a)(2), (f)(1)]
1.2.2 Oakland Municipal Code Chapters 2.45 and 2.46
Chapter 2.45 governs the powers, duties, and administration of the Commission, including confidentiality mandates, background check rules, and the adjudication process for disputed discipline cases.
Chapter 2.46 codifies the specific operational and administrative duties of CPRA, including maintenance of a street-level office accessible by public transportation, use of identical complaint forms to those of OPD, and reporting and investigation timeline guidance. [O.M.C. chapters 2.45 & 2.46]
1.3 Purpose and Scope of Standard Operating Procedures
This Standard Operating Procedures document (SOP) covers the administrative procedures, policies, and operational workflows governing the Agency and its staff. The SOP provides a roadmap from initial complaint intake through final disciplinary adjudication. This structure ensures that civilian investigations remain complete, thorough, objective, and fair. Additionally, this SOP serves as a public document to increase visibility and transparency for the community into the civilian accountability process.
1.4 Agency Independence and Separation from City Administration The City Charter protects the independence of the Agency. The City Administration, including the Mayor and the City Administrator, may not exercise managerial or supervisory authority over the Executive Director. The Director manages the day-to-day operations and staff of the Agency. The Director reports directly to, and is supervised solely by, the Commission. [Charter § 604(a)(5)]
1.5 CPRA’s Role in Police Oversight
• Historical Origins. Oakland voters amended the Charter to create the Police Commission and the Community Police Review Agency in 2016 under Measure LL, replacing the former advisory Citizens' Police Review Board. In 2020, Measure S1 established the Office of the Inspector General and expanded civilian oversight authority. 1 The Charter and Ordinance refer to the Internal Affairs Division. In 2024 as part of NSA compliance, OPD restructured its Internal Affairs from a Division to a Bureau, to reflect a change in rank and reporting level: Internal Affairs is now overseen by a Deputy Chief who reports directly to the Chief of Police.
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• Oversight Framework. The Police Commission oversees civilian police accountability in Oakland, including the work of CPRA and the OIG. The Agency investigates individual public misconduct complaints and proposes independent findings and discipline, while the Inspector General audits systemic police operations.
• Distinction Between CPRA and OPD Internal Affairs. The Agency operates as an independent civilian department separate from the Oakland Police Department. While OPD's Internal Affairs Bureau conducts internal administrative investigations using sworn police officers under the command of the Chief of Police, the Agency conducts independent civilian investigations under the oversight of the Police Commission. Because both agencies receive every complaint, a single complaint may result in two separate investigations — one by CPRA and one by IAB — proceeding at the same time.
SECTION 2 STAFFING AND PROFESSIONAL STANDARDS
2.1 CPRA Organizational Structure
2.2 Role and Responsibilities of CPRA Executive Director The Executive Director is the Agency’s department head, responsible for its day-to-day operations and overall management. The Director's duties include:
• Formulating and issuing independent investigative findings and proposed discipline to the Commission Chair and the Chief of Police upon the completion of any misconduct investigation.
• Hiring and firing all Agency staff, including investigators and legal counsel, subject to Civil Service rules and City Administrator approval.
• Organizing and reorganizing the Agency after consulting with the City Administrator.
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• Assigning complaints to investigators, consulting on investigative plans, and monitoring investigator workloads.
• Reporting to the Commission once a month in writing regarding the status of all pending cases, filing dates, and statutory timeline goals.
• Conducting annual job performance evaluations of all Agency staff.
The Commission hires the Executive Director. The Director may be terminated only by an affirmative vote of at least five members of the Commission. [Charter § 604(e)(6); O.M.C. § 2.46.040]
2.3 Civil Service Classifications and Staff Roles
All Agency staff, except the Executive Director and contract advisors, are civil service employees who may not be separated from employment without City Administrator approval. The authorized classifications include:
• Administrative Analyst II: Manages analytical projects, tracks performance metrics, and administers day-to-day work in support of CPRA operations. • Project Manager II: Implements agency policies while training and supervising assigned personnel. Manages database procurement, trains staff on case management systems, and prepares semi-annual and annual reports. Administers marketing materials, maintains the website, assists with data presentations, and manages the mediation program.
• Agency Attorney: Provides independent legal counsel directly to CPRA. Advises investigators on active cases, evaluates statutory timelines, and may represent the City during disciplinary appeal hearings.
• Deputy Director of Investigations: Assists the Executive Director in planning, developing, and implementing all investigative unit functions. Sets goals, ensures regulatory enforcement, manages staff training, and presents reports to the Police Commission and city officials. Conducts impartial misconduct investigations and acts for the Executive Director during absences.
• Complaint Investigator III: Serves as the first-line supervisor for intake and field investigations. Reviewsinvestigation plans and evaluates draft reports of investigation. • Complaint Investigator II: Serves as the primary field investigator. Conducts recorded civilian and officer interviews, gathers physical and documentary evidence, and drafts Complaint Investigation Reports.
• Intake Technician: Handles initial public intake. Records incoming public complaints, date-stamps files, assigns sequential case numbers, and coordinates the crosstransmission of files with OPD. [Charter § 604(e)(7)]
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2.4 Investigator Staffing
The Charter mandates that the Agency employ no fewer than one full-time line investigator for every one hundred sworn officers employed by the Oakland Police Department. The minimum staffing ratio can be suspended for a fiscal year or a two-year budget cycle upon an explicit finding in the budget resolution that the City is facing an extreme fiscal necessity. [Charter § 604(e)(4)]
2.5 Staff Qualifications and Agency Attorney Mandates
2.5.1 Staff Eligibility and Civilian Independence
To guarantee independent civilian oversight, no current or former sworn employee of the Oakland Police Department, and no current official, employee, or representative of an employee association representing sworn police officers, is eligible for any staff position within the Agency.
[Charter § 604(c)(1), (e)(8)]
2.5.2 Staff Qualifications
The Executive Director may establish special qualifications and experience for any Agency position, subject to selective certification in accordance with the Civil Service Personnel Manual. For line investigator positions, candidates must possess professional investigative experience, and, at least one employed line investigator must be an attorney licensed to practice in California.
[Charter § 604(e)(3), (4)]
2.5.3 Agency Attorneys
The City must allocate a budget for at least two full-time legal advisors, designated as Agency Attorneys. The Executive Director maintains authority to hire, fire, or contract with these legal advisors. To ensure competent and independent representation, legal advisors must be active members of the State Bar of California in good standing. The Agency and its Staff Attorneys may consult with the City Attorney on investigations and discipline, including related administrative hearings, only when no conflict of interest exists between the offices.
[Charter § 604(e)(1)]
2.6 Background Check Requirements
To protect the integrity and public legitimacy of civilian oversight, complete background screenings are mandated for all final candidates for CPRA Complaint Investigators and the Executive Director before any offer of employment is finalized. To preserve civilian
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independence, OPD is barred from performing background checks on civilian oversight personnel; background checks are conducted by an independent, outside contractor retained by the City Administrator’s Office.
[Charter § 604(e)(7); O.M.C. § 2.46.050]
2.7 Professional Conduct and Code of Ethics
Agency employees strive to act in alignment with the National Association for Civilian Oversight of Law Enforcement (NACOLE) Code of Ethics. This code reflects the highest standards of personal and professional integrity to which civilian investigators aspire. It calls on staff to approach all intake, reviews, and investigations with an open, questioning mind, absolute impartiality, and a thoroughness that respects the civil rights of all community members and department employees.
SECTION 3 PUBLIC COMPLAINT INTAKE AND PROCESSING
3.1 How to File a Complaint
Anyone may file a complaint about the conduct of an OPD officer. Complainants do not have to be Oakland residents, and need not have been directly involved in the incident. CPRA accepts anonymous complaints and investigates them to the extent reasonably possible, seeking corroborating evidence where feasible.
CPRA accepts complaints through the following channels:
• In person. CPRA maintains a street-level office accessible by public transportation. The office address, hours of operation, and telephone number are posted at the office and on the Agency's website.
• Online. Complaint forms and information about the complaint process are posted on the Agency's website. Complainants may file a complaint and upload attachments directly through the website.
• By telephone. The Agency's public telephone line.
• By fax. The Agency's dedicated facsimile line.
• By mail. The Agency's office address.
A complaint may also be filed directly with OPD's Internal Affairs Bureau. CPRA and IAB send each other a copy of every complaint either one receives. [Charter § 604(f)(1); O.M.C. §§ 2.46.020, 2.46.030(A)]
3.2 Community Outreach and Public Education
CPRA maintains community outreach to inform the public about how to file a complaint, the Agency's role in civilian oversight, and the services it provides. CPRA posts complaint forms and
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information about the complaint process on its website, accepts online filing of complaints and attachments, and makes information about the complaint process available at other public locations as the Executive Director determines. Outreach materials and public information are made available across the language communities CPRA serves.
3.3 Complaint Forms and Language Access
CPRA uses the same complaint form as OPD. Complaint forms are available in English, Spanish, Chinese, and Vietnamese. CPRA provides qualified interpreters and translators at no cost to any complainant or witness who needs language assistance at any stage of the intake process. [O.M.C. § 2.46.030(A), (B)]
3.4 What Happens When CPRA Receives a Complaint
CPRA date-stamps every complaint on receipt and assigns it a sequential case number. That number is the permanent identifier for the case and appears on all subsequent correspondence.
Within one business day of receipt, CPRA provides the complainant a copy of the date-stamped, numbered complaint.
[O.M.C. § 2.46.030(A)]
3.4.1 Notification Between CPRA and OPD Internal Affairs CPRA forwards a copy of each complaint it receives to IAB within one business day. IAB forwards a copy of each complaint it receives to CPRA within one business day. [Charter § 604(f)(1)]
3.4.2 Complaints Filed by OPD Non-Sworn Employees
CPRA's jurisdiction includes complaints of officer misconduct filed by OPD non-sworn employees. CPRA logs, date-stamps, numbers, and transmits these complaints under the same intake procedures that apply to any other public complaint. [Charter § 604(a)(2)]
3.5 Review and Prioritization
CPRA receives, reviews, and prioritizes all public complaints of alleged officer misconduct.
CPRA must investigate every complaint alleging a use of force, an in-custody death, profiling, untruthfulness, or misconduct at a First Amendment assembly. For complaints outside those categories, CPRA has discretion whether to investigate beyond intake, and prioritizes cases using policy guidelines provided by the Police Commission. In exercising that discretion, CPRA
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considers the seriousness of the alleged misconduct, the risk of harm to the public, whether the allegation reflects a pattern, and the Agency's investigative capacity. [Charter § 604(f)(1)]
SECTION 4 INVESTIGATIVE PROTOCOLS AND PROCEDURES
4.1 Complaints CPRA Must Investigate
CPRA must investigate every complaint alleging any of the following:
• Use of force. Any use of force by a sworn OPD employee. • In-custody death. Any death occurring in OPD custody. • Profiling. Profiling based on any protected characteristic identified by federal, state, or local law.
• Untruthfulness. Dishonesty by a sworn employee, including false statements in reports, in testimony, or during an investigation.
• First Amendment assemblies. Officer conduct during protests, demonstrations, and other protected assemblies, including crowd-control practices. [Charter § 604(f)(1)]
4.2 Other Investigations
CPRA may investigate any other alleged misconduct or failure to act by a sworn OPD employee, whether or not a member of the public has filed a complaint about it, when directed to do so by the Police Commission.
• Investigations Requested by City Officials. The Mayor, the City Administrator, or the City Council may ask the Police Commission to have CPRA investigate a serious incident.
The Commission directs whether to investigate by majority vote. [Charter § 604(f)(1)]
4.3 Complaint Classification, Closure, and Reopening
4.3.1 Classification
CPRA classifies complaints consistent with OPD's Departmental Discipline Policy, which was developed in compliance with Task 8 of the Negotiated Settlement Agreement (NSA). Class I covers the most serious allegations, among them excessive force, untruthfulness, false reports, evidence fabrication, bias or retaliation, and a supervisor's failure to detect or correct misconduct.
A sustained Class I finding can result in discipline up to termination and can support criminal prosecution. Class II covers conduct the policy treats as less serious, such as errors in search and seizure procedure or failure to properly care for Department property. A sustained Class II
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finding can still result in discipline, and may be addressed through counseling or training where the conduct does not reflect a pattern.
4.3.2 Closure when the Chief acts first
When the Chief of Police issues findings and proposed discipline before CPRA has opened or completed its own investigation, CPRA may close its investigation, or decline to open one, so that the Chief's proposed discipline can proceed. For a Level 1 use of force, sexual misconduct, or untruthfulness, the Police Commission must approve that decision by majority vote. If CPRA continues its investigation, final discipline is held until CPRA completes the investigation and issues findings. CPRA notifies the Chief how and whether it will proceed within seven days of the Chief's notice that their investigation is complete. [Charter § 604(g)(3)]
4.3.3 Commission review and reopening
The Police Commission reviews every CPRA dismissal or administrative closure of a Class I complaint, including CPRA's investigative file. By five affirmative votes, the Commission may direct CPRA to reopen the case and investigate.
[O.M.C. § 2.45.070]
4.4 Investigative Timelines
• 180 days. CPRA makes every reasonable effort to complete each investigation within 180 days of the date the complaint was filed with the Agency. • 250 days. CPRA must complete each investigation within 250 days of filing. The only exception is a written finding by the Executive Director that exceptional circumstances beyond the Agency's control exist in that particular case. • Statutory deadline. California Government Code section 3304 imposes an independent, generally one-year limitations period for completing an investigation and notifying an officer of proposed discipline. CPRA tracks the section 3304 deadline for every case alongside the Charter deadlines. A missed section 3304 deadline can bar discipline entirely. • Issuing findings. Within 30 days of completing an investigation, the Executive Director issues written findings and proposed discipline to the Commission Chair and the Chief of Police. For investigations of Level 1 use of force, sexual misconduct, or untruthfulness, the Director issues findings within 48 hours of completion. • Monthly reporting. The Executive Director reports to the Commission each month on every pending case.
[Charter § 604(f)(3)]
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4.5 Investigator Training
CPRA ensures that all investigators receive the training necessary to conduct fair and impartial investigations. Training covers interviewing, evidence collection, report writing, the confidentiality of peace officer personnel records, officers' procedural rights under California law, and implicit bias.
[O.M.C. § 2.46.030(C)]
4.6 Officer Cooperation and Subpoenas
Sworn OPD employees are required to cooperate with CPRA investigative requests and may be disciplined for failing to do so. When an officer does not cooperate, CPRA may ask the Police Commission to issue a subpoena compelling a subject officer or any other sworn employee to participate. The Chief of Police must order any sworn employee subject to a Commission subpoena to comply.
CPRA reports publicly, at least twice a year, on the number of times an OPD employee failed to comply with a request for an interview or documents, the number of times a sworn employee failed to comply with a valid subpoena, and whether discipline followed. [Charter § 604(b)(3); O.M.C. § 2.46.030(D)]
4.7 Interviews and Recording
• Subject officers. CPRA videotapes the interview of every subject officer alleged to have committed a Class I offense.
• Complainants and witnesses. In Class I cases, CPRA asks complainants and witnesses to agree to be audiotaped or videotaped where recording would benefit the investigation.
Complainants and witnesses are never required to agree, and declining does not affect how CPRA handles the complaint.
[O.M.C. § 2.46.030(E), (F)]
4.8 Access to OPD Records
CPRA has the same access as IAB to all OPD files and records relating to sworn employees, including Internal Affairs files, personnel records, and electronic databases, and to records of other City departments relating to sworn employees.
The Executive Director makes records requests on the Agency's behalf. OPD and other City departments must make every reasonable effort to respond within ten days. If CPRA does not receive requested records within fifteen business days, the Public Ethics Commission has authority to investigate the failure to produce them.
[Charter § 604(f)(2)]
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4.9 Investigating Serious Incidents
A serious incident is an officer-involved shooting; a death or serious bodily injury caused by an officer's action or inaction; an in-custody death; or on-duty or off-duty criminal conduct by a sworn employee rising to the level of a felony or a serious misdemeanor. • Immediate notification. The Chief of Police must notify the Executive Director immediately upon the occurrence of a serious incident.
• CPRA response. On notification, the Executive Director assigns an investigator, who responds to the scene or to the Department's incident briefing as appropriate and begins evidence preservation immediately.
[Charter § 604(f)(6); O.M.C. §§ 2.45.010, 2.45.075]
4.10 Referral to the District Attorney
When information developed in an investigation establishes a reasonable basis to believe a sworn OPD employee may have committed a crime, CPRA forwards that information to the Alameda County District Attorney or another appropriate enforcement agency, to the extent allowed by law and after consulting with the Police Commission. A criminal referral does not end CPRA's administrative investigation, though it may affect its sequencing. [Charter § 604(f)(4)]
SECTION 5 FINDINGS, PROPOSED DISCIPLINE, AND ADJUDICATION
5.1 Formulation of Investigative Findings
At the conclusion of an investigation, the Executive Director issues a written finding or disposition for each allegation. The Director bases findings on a preponderance of the evidence standard. In addition to the four standard findings, the Agency tracks Administrative Closure as a fifth disposition category for matters closed without a full investigation:
• Sustained: The evidence demonstrates that the alleged conduct occurred and violated law or Department policy.
• Within Policy (Exonerated): The evidence demonstrates that the conduct occurred but was consistent with law and Department policy.
• Not Sustained: The evidence is insufficient to prove or disprove that the alleged conduct occurred.
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• Unfounded: The evidence demonstrates that the alleged conduct did not occur, or that the named officer was not involved.
• Administrative Closure: The Agency closes a complaint or allegation without a full investigation when it lacks factual specificity, duplicates a prior filing, falls outside CPRA jurisdiction, or is withdrawn by the complainant.
[Charter § 604(f)(3); Cal. Pen. Code §§ 832.5(d)(3); 832.7(d); 832.8(b), (c); O.M.C. § 2.45.070]
5.2 Proposed Discipline
When the Executive Director sustains an allegation, the Director sets a proposed level of discipline using OPD's Discipline Matrix. The matrix assigns a penalty range to each violation and raises the range for repeat sustained violations. The Director selects a penalty within the range after weighing mitigating and aggravating circumstances alongside the officer's five-year disciplinary history. The City Administrator cannot reject or modify the Director's findings or proposed discipline.
[Charter § 604(f)(3); O.M.C. § 2.45.140(B)]
5.3 Reporting Timelines upon Investigation Completion
Within thirty (30) days of completing an investigation, the Executive Director issues written findings and proposed discipline to the Commission Chair and the Chief of Police. For investigations involving Level 1 uses of force, sexual misconduct, or untruthfulness, the Director issues findings within forty-eight (48) hours of completion. [Charter § 604(f)(3)]
5.4 Chief of Police Concurrence (Agreed-Upon Findings and Discipline) If the Chief of Police agrees with the Executive Director's findings and proposed discipline, the Chief notifies the Director, who then notifies the Commission Chair. The Chief serves the subject officer with notice of the findings and the intent to impose discipline. The Chief may serve this notice before IAB completes any parallel investigation. [Charter § 604(g)(1); O.M.C. § 2.45.140(C)]
5.5 Referral to a Discipline Committee (Chief Non-Concurrence) If the Chief of Police disagrees with the Executive Director's findings or proposed discipline, the Chief must provide the Director with written alternative findings and recommendations. The Director submits both sets of findings to the Police Commission Chair, who then appoints a Discipline Committee.
The Commission may also convene a Discipline Committee on its own motion by an affirmative vote of at least five commissioners. The Commission may exercise this authority in cases
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involving a Level 1 use of force, sexual misconduct, or untruthfulness if the investigation was not completed within 250 days, or if required body-worn camera footage is missing or unrecorded.
[Charter § 604(g)(2), (5); O.M.C. § 2.45.130]
5.6 Discipline Committee Process
The Commission Chair appoints three commissioners to serve on a Discipline Committee for each disputed case, rotating membership among commissioners. Committee members must complete required orientation in department operations and discipline procedures before serving.
The Discipline Committee resolves disputes based solely on the record submitted by the Agency and the Chief, including the officer's five-year discipline history, probative video or audio recordings, and unredacted transcripts. The Committee cannot conduct an independent investigation. The Committee may direct the Agency to conduct further investigation into specific issues after consulting the Director regarding statutory deadlines. The Committee's decision is final and exempt from City Administrator review. After completing deliberations, committee members must return all records to the originating party and cannot retain copies or discuss confidential personnel matters publicly.
After the Discipline Committee issues its decision on findings and discipline, the Chief serves the subject officer with notice of the findings and the intent to impose discipline. [Charter § 604(g)(2); O.M.C. §§ 2.45.130, 2.45.140(A), (B), (G)]
5.7 Skelly Hearing Protocols and Post-Skelly Final Discipline Determinations After the subject officer is served with notice of findings and before proposed discipline becomes final, OPD offers the subject officer a Skelly hearing, to provide constitutional due process rights, including notice and an opportunity to respond. The Skelly officer evaluates the evidence, considers the officer's response, and issues a written report recommending whether to affirm or modify the discipline.
If the Chief and Executive Director originally agreed on the proposed discipline, both officials review the Skelly report and consult on final discipline. If they agree, the Chief issues the final notice of discipline. If they disagree, or if a Discipline Committee originally determined the proposed discipline, the Skelly report goes to the Discipline Committee for a final binding determination based solely on the Skelly record. The Committee then directs the Chief to issue the final notice of discipline or termination.
[Charter § 604(g)(3), (4); O.M.C. § 2.45.140(C)–(F); Skelly v. State Personnel Board (1975) 15 Cal.3d 194]
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5.8 Notification of Final Disposition to Complainants
Within thirty (30) days of final disposition, the Agency notifies the complainant in writing of the outcome of the investigation. The notification informs the complainant of the findings reached on each allegation while preserving the statutory confidentiality of officer personnel records. [O.M.C. § 2.45.140(F); Cal. Pen. Code § 832.7(f)]
5.9 Appeal and Grievance Procedures
After final discipline is served, the subject officer may appeal the decision to the Civil Service Board or file a grievance under an applicable collective bargaining agreement. An independent arbitrator or hearing officer evaluates the discipline under contractual and civil service standards. [Charter § 604(g)(4); O.M.C. § 2.45.140(H)]
5.10 Legal Representation Selection for Disciplinary Appeal Hearings Whenever the discipline determination of a Discipline Committee is the subject of a Civil Service Board hearing or labor arbitration, the Executive Director holds exclusive authority to select the City's legal counsel. After consulting with the City Attorney, the Director decides whether an Agency Attorney or the Office of the City Attorney will represent the City. The Director must notify the subject officer of this representation decision within fourteen (14) calendar days after the officer invokes the right to a hearing. [Charter § 604(g)(4)]
5.11 Voluntary Restorative Mediation Program
Under policies established by the Police Commission, voluntary mediation provides an informal resolution track for eligible misconduct complaints. Mediation gives complainants and subject officers an opportunity to resolve grievances directly through facilitated dialogue without formal misconduct findings or administrative discipline. Mediation proceeds only upon the voluntary, written agreement of four parties: the complainant, the subject officer, the Chief of Police, and the Executive Director. The Director selects a neutral mediator with at least five years of dispute resolution experience, excluding active Commissioners, City employees, and former sworn OPD officers. A fully executed settlement agreement resolves the complaint. [O.M.C. §§ 2.45.070(N), 2.46.060]
SECTION 6 REPORTING, DATA MANAGEMENT, AND CONFIDENTIALITY
6.1 Monthly Reporting on Pending Cases
The Executive Director submits a written report to the Police Commission every month listing all active investigations. The report provides ongoing visibility into caseloads, timelines, and agency efficiency. Each monthly report details the case tracking number, the incident date, the dates the
CITY OF OAKLAND
COMMUNITY POLICE REVIEW AGENCY
STANDARD OPERATING PROCEDURES
September 2026 Page | 15
complaint was received by both IAB and the Agency, the projected dates to meet the 180-day and 1-year goals, and the misconduct category, including identifying mandatory allegations. The Director attends monthly Commission meetings to answer questions regarding open cases, subject to statutory confidentiality limits.
[Charter § 604(f)(1); O.M.C. § 2.46.040(D)]
6.2 Semi-Annual Public Reporting to the City Council Public Safety Committee At least twice a year, the Agency submits a public statistical report to the City Council Public Safety Committee. This report evaluates systemic trends, operational efficiency, and public engagement without disclosing confidential personnel data. The semi-annual report summarizes total complaints submitted to the Agency, categorizing allegations and identifying the originating City Council district; voluntary demographic profiles of complainants; active and completed case counts, including total investigative hours spent; sustained misconduct findings and the corresponding levels of proposed discipline; closed cases that did not result in sustained findings or disciplinary action; total complaints referred to the mediation program; cases exceeding the 180-day Charter goal or the statutory one-year limit under California Government Code section 3304; and instances of non-compliance by department personnel with document requests or subpoenas, along with any resulting disciplinary action. [O.M.C. § 2.46.030(H)]
6.3 Public Records Disclosures and Document Redaction
When the Agency receives a public records request for investigative files, staff promptly forwards the request to the Executive Director and Agency Legal Counsel. Staff members cannot disclose or release any internal investigative records to an outside party without explicit written authorization from the Director.
Peace officer personnel records are confidential except for specific sustained findings subject to mandatory public disclosure. Before releasing authorized records, staff must redact confidential information to protect personal privacy and public safety. Mandatory redactions include home addresses, telephone numbers, social security numbers, confidential medical records, financial data, and all personal identifying information of civilian complainants, witnesses, and juveniles. [O.M.C. § 2.45.045; Cal. Pen. Code § 832.7(b); Cal. Gov't Code § 7920 et seq.]
6.4 Confidentiality of Peace Officer Personnel Records
Agency staff must maintain strict confidentiality over all peace officer personnel records, including personal data, performance evaluations, disciplinary records, and non-disclosable case files.
Unauthorized disclosure violates city ordinance and carries disciplinary penalties up to termination. Staff cannot share confidential investigative materials without written authorization
CITY OF OAKLAND
COMMUNITY POLICE REVIEW AGENCY
STANDARD OPERATING PROCEDURES
September 2026 Page | 16
from the Director and Agency legal counsel. When communicating with complainants, staff may only confirm whether an investigation is active, completed, or administratively closed. [O.M.C. § 2.45.045; Cal. Pen. Code §§ 832.7(a), 832.8]
6.5 Records Retention and Security Safeguards
The Agency retains physical and digital records under the City’s Records Retention Schedule and state law. Staff transmit confidential digital files through a secure server requiring unique user authentication. Any printed confidential records provided to Commissioners or Discipline Committee members display a watermark with the recipient's name and remain stored in locked units when not in use. Once deliberations end, committee members and departing Commissioners must immediately return all confidential files or shred physical copies. [O.M.C. §§ 2.45.080(E), 2.46.030]
6.6 Cooperation with External Oversight Bodies
Agency staff cooperate fully with independent audits, evaluations, and inquiries conducted by the City Auditor and the Office of the Inspector General. Upon request, staff grant the City Auditor and the Inspector General unredacted access to all Agency records, digital databases, investigative files, and personnel materials necessary to perform their oversight duties. External oversight personnel accessing confidential files remain bound by the same statutory confidentiality rules that govern Agency staff.
[Charter § 604(c), (f)(2); O.M.C. § 2.45.085]
CITY OF OAKLAND
COMMUNITY POLICE REVIEW AGENCY
STANDARD OPERATING PROCEDURES
September 2026 Page | 17
SECTION 7 COMPLAINT INVESTIGATION AND RESOLUTION WORKFLOW