City Council
October 20, 2026
AGENDA REPORT
TO: Elizabeth Lake
Interim City Administrator
SUBJECT: Selection Panel Nominations for Police
Commissioner Appointments
FROM: Michelle Phillips
Assistant City Administrator
DATE: October 20, 2026
City Administrator Approval Date:
RECOMMENDATION
Staff Recommend That The City Council Adopt One Of The Following Resolutions:
Resolution Accepting The Police Commission Selection Panel’s Slate Of Two Commissioners, Jean Quan And Nicholas O’Brien- Kovari, To Serve On The Oakland Police Commission; Or A Resolution Rejecting The Police Commission Selection Panel’s Slate Of Two Commissioners, Jean Quan And Nicholas O’BrienKovari, To Serve On The Oakland Police Commission
EXECUTIVE SUMMARY
Pursuant to § 604 (c) (3) of the Oakland City Charter, the Oakland Police Commission Selection Panel (Selection Panel) is responsible for recommending a slate of nominees to serve on the Oakland Police Commission to the City Council for consideration. The City Council will consider the attached resolution to either accept or reject the Selection Panel’s nominations.
In 2025, after the City Council rejected the Selection Panel’s submitted slate on two occasions, (10/21/25 - Legislation and 12/22/2025 - Legislation), the Selection Panel reviewed and refined its recruitment and selection process in an effort to expand and diversify the candidate pool. This effort was to fulfill the essence of the City Charter § 604 (c) that in part states:
To the extent practicable, appointments shall be broadly representative of Oakland's diversity and shall include members with knowledge and/or experience in the fields of human resources practices, management, policy development, auditing, law, investigations, law enforcement, youth representation, civil rights and civil liberties, as well as representation from communities experiencing the most frequent contact with the Department.
The updated process included extensive outreach, application accessibility and review, candidate interviews, and a standardized evaluation tool. All materials used during the recruitment and Elizabeth Lake (Oct 6, 2026 16:34:09 PDT) Oct 6, 2026
Elizabeth Lake, Interim City Administrator
Subject: Selection Panel Nominations for Police Commissioner Appointments Date: October 20, 2026 Page 2
City Council
October 20, 2026
selection process are publicly available on the Selection Panel’s website under the May 7, 2026 Selection Panel Special Meeting link. Following this process, the Selection Panel selected Nicholas O’Brien-Kovari and Jean Quan as its recommended nominees.
Mr. Nicholas O’Brien-Kovari is an attorney with experience in criminal defense and civil litigation. He previously served for more than seven years as a Deputy Public Defender, where he handled criminal cases at multiple levels of the court system and gained experience reviewing law enforcement conduct and practices.
Ms. Jean Quan previously served as Mayor of Oakland, where she worked with the Oakland Police Department and Federal Monitor on police reforms, including community policing initiatives, use-of-force reduction, and implementation of body-worn cameras.
BACKGROUND / LEGISLATIVE HISTORY
The Oakland Police Commission was first established through voter approved Measure LL in 2016, and later amended through Measure S1 in November 2020. Measure LL and S1 established a nine-member Police Commission, inclusive of seven regular commissioners and two alternate1 commissioners. The Police Commission general appointment authority is also outlined in the City Charter, by way of staggered terms linked here: Oakland City Charter § 604(c)(6) – Staggering of Terms and as follows:
• Oakland City Charter § 604(c)(2) – Mayor’s Appointments – Four (4) o Three (3) Regular Commissioners
One (1) Regular Commissioner must be a retired judge or lawyer with trial experience in criminal law or police misconduct,
o One (1) Alternate Commissioner
1 Oakland City Charter § 604(c)(1) – Appointment, Terms, Vacancies, Removal:
“Alternate Commissioners shall be eligible to serve on any Commission standing or ad hoc committee, including any Discipline Committee.”
Oakland City Charter § 604(c)(4) – Terms:
“With the exception of the first group of Commissioners which shall serve staggered terms, the term for each Regular and Alternate Commissioner shall be three (3) years.”
Oakland City Charter § 604(c)(8) – Regular Commissioner Vacancies:
“For vacancies occurring for reasons other than the expiration of a regular member's term, the Commission shall select one of the Alternate Commissioners to replace the regular member for that regular member's remaining term of office.” Oakland City Charter § 604(c)(10) – Suspension of a Commissioner:
“A Commissioner who is suspended shall be ineligible to conduct Commission business, and the Commission shall select one of the Alternate Commissioners to replace the suspended Commissioner for the duration of the suspension.” Oakland City Charter § 604(d)(3) – Meetings, Rules and Procedures:
“Five (5) members shall constitute a quorum. If a quorum is not established by the regular members in attendance, the Chairperson of the Commission may designate one or more Alternate Commissioners to establish a quorum and cast votes.” Elizabeth Lake, Interim City Administrator
Subject: Selection Panel Nominations for Police Commissioner Appointments Date: October 20, 2026 Page 3
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October 20 2026
• Selection Panel Appointments- Five (5)
There are criteria outlined in the City Charter that require each appointee to reside in the City of Oakland and be eighteen (18) years of age; it also provides a few exclusionary criteria for an appointment.
The duties of Oakland Police Commissioners are outlined in City Charter Section 604(b) which, in part, includes the following duties:
• Propose changes at its discretion or upon direction, by adoption of a resolution, of the City Council, including modifications to the Department's proposed changes, to any policy, procedure, custom, or General Order of the Department which governs use of force, use of force review boards, profiling based on any of the protected characteristics identified by federal, state, or local law, or First Amendment assemblies, or which contains elements expressly listed in federal court orders or federal court settlements which pertain to the Department and are in effect at the time this Charter Section 604 takes effect. All such proposed changes and modifications shall be submitted by the Commission Chair or her or his designee to the City Council for review. The City Council shall consider the Commission's proposed changes or modifications within one hundred and twenty (120) days of the Commission's vote on the proposed changes, and may approve, modify and approve, or reject the changes. If the Council does not approve, modify and approve, or reject the Commission’s proposed changes or modifications, the changes or modifications will become final.
• Oversee the work of the Agency and the OIG, and contract with professional service providers as authorized by Ordinance.
• Require the Chief of Police or his or her designee to attend Commission meetings and require the Chief of Police to submit an annual report to the Commission regarding such matters as the Commission shall require, including. but not limited to a description of Department expenditures on community priorities as identified by the Commission. The Chief of Police or her or his designee shall also respond to requests made by the Commission, through the Chairperson, by a majority vote of those present. The Chief of Police or her or his designee shall provide to the Commission Chair an estimate of the time required to respond to the Commission’s requests.
• Notwithstanding any other provision of this Charter or any provision of the Oakland Municipal Code, and acting separately or jointly with the Mayor, no fewer than five (5) affirmative votes. If acting separately, the Commission may remove the Chief of Police only after adopting a finding or findings of cause, which shall be defined by City ordinance. The Commission must make its finding of just cause by not less no fewer than five (5) affirmative votes and must follow a process for notification, substantiation and documentation which shall be defined by ordinance. Upon removal, by the Commission, by the Mayor, or by the Mayor and the Commission acting jointly, or upon the notice of vacancy of the position of Chief of Police, the Mayor, in consultation with the Chair of the Commission, shall immediately appoint an Interim Chief of Police. No person appointed to the position of Interim Chief of Police shall simultaneously hold additional non-sworn employment with the City, or simultaneously serve as an elected official or officer of the City. Such appointment shall not exceed six (6) months in duration unless an extension to a Elizabeth Lake, Interim City Administrator
Subject: Selection Panel Nominations for Police Commissioner Appointments Date: October 20, 2026 Page 4
City Council
October 20, 2026
date certain is approved by a majority vote of the Commission. The Commission, with the assistance of the City Administrator, shall prepare and distribute a job announcement, and prepare a list of at least few three (3) candidates and transmit the names and relevant background materials to the Mayor. The Mayor shall appoint one person from this list, or reject the list in its entirety and request a new list from the Commission.
• Hire and/or contract for, by an affirmative vote of at least five (5) members, one or more attorneys to provide legal advice to the Commission related to and within the scope of any of its powers or duties, in accordance with Section 604(i) of this Charter. When considering a candidate for an attorney position, the Commission shall consider the candidate’s familiarity with laws applicable to public entities, public meetings, employee privacy, labor relations and law enforcement.
ANALYSIS AND POLICY ALTERNATIVES
Following the City Council's rejection of the Selection Panel's previously submitted slate on two separate occasions, the Selection Panel reviewed its current process and refined it, in an effort to expand the candidate pool and to fill the vacant Police Commissioner positions, with candidates representative of the community.
SELECTION PANEL PROCESS
Pursuant to the Oakland City Charter, the Selection Panel, with the assistance of the City Administrator, will solicit applications from those willing to serve on the Commission. The Selection Panel will review the applications, and interview applicants to serve as members of the Commission. City staff recommended the use of updated outreach materials, including revised recruitment flyers (in multiple languages) and a recruitment and outreach strategy, to encourage broad community participation and attract a diverse applicant pool. The outreach strategy was intentionally designed to reach residents throughout every Council district by utilizing both City facilities and neighborhood businesses. The goal was to ensure that information about the vacancies was visible and accessible across Oakland rather than concentrated in any one area of the city.
Table 1: Outreach Efforts
Outreach Platforms City Facilities Printed
Materials Provided
Businesses or Community
Locations
Social Media (6) Libraries 2 Chipotle (Lakeshore)
Councilmember
Distribution
(2) Senior Centers Highwire Coffee (several locations)
Information shared at
Public Forums
City Hall Hudson Bay Cafe
2 Oakland Main Library, Rockridge, West Oakland, Diamond, Fruitvale, Eastmont Branches Elizabeth Lake, Interim City Administrator
Subject: Selection Panel Nominations for Police Commissioner Appointments Date: October 20 2026 Page 5
City Council
October 20, 2026
Flyer distribution City Council Meetings Prescott Market Police Commission Public Safety Committee Its Grind Coffee House Non-Profit/Chamber
Listservs
Mayors Public Safety Town Hall Sana’a Café (several locations including Broadway and Telegraph)
Additional neighborhood businesses and community gathering locations throughout Oakland The efforts undertaken by selection panel leadership and staff resulted in forty-five (45) applications submitted or confirmed. Confirmation of applications was conducted as some applications were submitted after the recruitment period ended and were not previously considered. Staff contacted those applicants to confirm continued interest and eligibility.
The Selection Panel conducted a two-round selection process as follows:
• First Round- Panelists independently reviewed applications and ranked their top 10 of the 45 applications received. The Selection Panel subsequently voted on which of the highest ranked candidates would advance to the second round.
• Second Round-The Selection Panel invited 10 candidates to be interviewed at a Selection Panel meeting.
The Selection Panel evaluated each candidate using standardized scoring tools and selected Nicholas O’Brien Kovari and Jean Quan as its recommended slate for appointment for the Police Commission seatspreviously held by Wilson Riles and Samuel Dawit.
SELECTION PANEL CANDIDATE SUMMARIES
Nicholas O’Brien-Kovari:
Mr. O’Brien-Kovari has more than a decade of professional legal experience in criminal defense and civil litigation. His background includes serving as a Deputy Public Defender in Merced and San Joaquin Counties and working on matters involving criminal law, law enforcement practices, and individual rights. He currently practices civil litigation and has experience with racial justice reform, bail reform, legal training, and criminal justice policy.
Jean Quan:
Ms. Quan has extensive experience in local government, public policy, and community leadership.
Her background includes serving as Mayor of Oakland, an Oakland City Councilmember, and an Oakland School Board Member and President. Her experience includes public safety, City budgeting, policy development, community engagement, and collaboration with government agencies and community organizations on initiatives affecting Oakland residents.
Elizabeth Lake, Interim City Administrator
Subject: Selection Panel Nominations for Police Commissioner Appointments Date: October 20, 2026 Page 6
City Council
October 20, 2026
RELATED PLANNING EFFORTS
This agenda item is a routine item and does not relate to any Oakland strategic planning efforts.
FISCAL IMPACT
There is no direct fiscal impact associated with City Council action on this report.
PUBLIC OUTREACH / INTEREST
The outreach strategy intentionally targeted every Council district by combining digital outreach with in-person placement of recruitment materials on community bulletin boards at City facilities and neighborhood businesses. Printed recruitment materials (fliers and pamphlets) were posted on community bulletin boards across Oakland and at elected officials’ public meetings and forums.
Recruitment information was shared through the City's social media platforms and the social media accounts of elected officials and individual departments. Information was also shared during Selection Panel public meetings where public comment was heard during the consideration and deliberative process.
COORDINATION
This report has been prepared in coordination with the Office of the City Attorney and the City Administrator's Office, and reviewed by Selection Panel Chair.
RACE AND EQUITY
There are no race and equity opportunities associated with this report.
Elizabeth Lake, Interim City Administrator
Subject: Selection Panel Nominations for Police Commissioner Appointments Date: October 20, 2026 Page 7
City Council
October 20, 2026
ACTION REQUESTED OF THE CITY COUNCIL
Staff Recommends That The City Council Adopt One Of The Following Resolutions:
Resolution accepting the Police Commission Selection Panel’s Slate of two commissioners, Jean Quan and Nicholas O’Brien-Kovari, to serve on the Oakland Police Commission, Or: A Resolution rejecting the Police Commission Selection Panel’s Slate of two commissioners, Jean Quan and Nicholas O’Brien-Kovari, to serve on the Oakland Police Commission.
For questions regarding this report, please contact Michelle Phillips, Assistant City Administrator, at (510) 238-6903.
Respectfully submitted,
Michelle Phillips
Assistant City Administrator, CAO
Prepared by:
Burt Jones
Assistant to City Administrator, CAO
Attachments (10):
Attachment A – Application Review Criteria
Attachment B – SP Interview Evaluation Tool
Attachment C – Flyer
Attachment D – Back of Brochure
Attachment E – Front of Brochure
Attachment F – Nichoals O’Brien Kovari Resume and Application Attachment G – Nichoals O’Brien Kovari Background Check Attachment H – Jean Quan Application
Attachment I – Jean Quan Resume
Attachment J – Jean Quan Background Check
Michelle Phillips (Sep 28, 2026 14:02:47 PDT)
Michelle Phillips