Police Commission

FY 2023-25 PROPOSED POLICY BUDGET


SERVICES

External Services

Investigation of Community Complaints of Police Misconduct

Receiving and investigating community complaints of misconduct by sworn members of the Oakland Police Department (~500 complaints/year).


Public Engagement Regarding Police Oversight and Reform

Community outreach and public engagement with Police Policy and Practice.



Internal Services

Investigation of Community Complaints of Police Misconduct

Receiving and investigating community complaints of misconduct by sworn members of the Oakland Police Department (~500 complaints/year).


Budget Control & Analysis

Performing internal functions to ensure that City operations align with the Adopted Budget and analyze items for their current or future impacts on City Budget.


Police Performance Audits and Policy Drafting and Research

Analysis and investigation of OPD Policy and Practice, and examination of potential issues and deficiencies in the same as directed by the Oakland Police Commission.


Departmental Financial & Personnel Management

Managing the internal budgetary, procurement, accounting, hiring, and payroll function of a City Department to ensure the Department can perform its core functions.

PRELIMINARY PERFORMANCE MEASURES

Service Title: Police Reform and Oversight


Council Priority: Community Safety, Prevention & Healing


Service Description: Public safety governance, policy design, community engagement, and mandates under the City Charter and Municipal Code.


Service Type: Internal


Output Measure: Number of policies approved by the Commission in 2022.


Number of community events featuring Commission in 2022.


Number of public meetings with Community in 2022.


Number of NSA Tasks completed to reach Compliance status.


Objective Description: Instill public trust and confidence in Oakland’s policing practices by:


Reaching 100% compliance for NSA tasks in meaningful and sustainable way, not just a checkbox.


Designing and implementing policies to reduce racial profiling.


Improve implementation of policies that reduce racial profiling.


Establishing an effective mediation program by overseeing CPRA’s next steps with implementation.


Success Measure: Percent of NSA compliance tasks completed.


Design and implement racial profiling policy.


Establish an effective mediation program.


Oversee successful CPRA and IAD merge.


Charter / Municipal Code / City Audit compliance.

Service Title: Investigation of Community Complaints of Police Misconduct


Council Priority: Community Safety, Prevention & Healing


Service Description: Receiving and investigating community complaints of misconduct by sworn members of the Oakland Police Department.


Service Type: Both


Output Measure: Number of Complaints Assessed per year (mandated and non-mandated complaints).


Number of Complaints Investigated per year (mandated complaints).


Objective Description: 1. Receive 100% of community complaints of misconduct by sworn members of the Oakland Police Department from communities most impacted by encounters with police within 24 hours.


2. Investigate 100% of mandated complaints by community members most impacted by encounters with police; 80% of mandated complaints within 250 days as required by Charter.


Success Measure: 1. 100% of community complaints are received by CPRA and/or IAD within 24 hours of complaint.


2. Percent of mandated complaints investigated within 250 days as required by Charter.

Service Title: Independent Civilian Police Oversight


Council Priority: Community Safety, Prevention & Healing


Service Description: Monitors, audits and evaluates the Oakland Police Department and the Community Police Review Agency’s compliance with policies and the law. Completes reports and makes policy recommendations to the appropriate authority or department.


Service Type: Internal


Output Measure: Number of annual audits, evaluations, inspections, or reviews of OPD and/or CPRA’s compliance.


Objective Description: Provide reports to stakeholders so recommendations can be considered and/or implemented.


Publish a public tracker to provide:


What reports were released (running track).


If the OIG received a response from the Commission, Department or other authority.


If the recommendations were accepted.


If recommendations were accepted, were they implemented.


Success Measure: Number of reports released.


Number of formal responses received from Commission, Department or other authority.


Percent of recommendations accepted.


Percent of recommendations adopted as recommended.


ORGANIZATIONAL CHART

BUREAUS/DIVISIONS

Police Commission

The Police Commission is an independent seven-member board of Oakland residents, three appointed by the Mayor and four by an independent citizen selection panel. The Police Commission holds regular public sessions and reviews allegations of misconduct committed by sworn members of OPD. It also reviews OPD policies, procedures, customs, and General Orders, especially those governing the use of force, profiling based on any of the protected characteristics identified by federal, state, or local law, or First Amendment assemblies, or which contain elements expressly listed in federal court orders or federal court settlements. The Police Commission also oversees the CPRA and OIG. Finally, the Commission is the final voice in setting discipline in police officer misconduct cases for the City of Oakland; officers have a right of appeal from those decisions, as do all public employees.



Community Police Review Agency

The Community Police Review Agency's (CPRA) primary responsibilities are to receive and review all public complaints concerning the alleged misconduct or failure to act of all OPD sworn employees, including complaints from OPD’s non-sworn employees. The CPRA’s duties include investigating public complaints involving uses of force, in-custody deaths, profiling based on any of the protected characteristics identified by federal, state, or local law, and First Amendment assemblies, and any other possible misconduct or failure to act of an OPD sworn employee, as directed by the Police Commission or as staffing levels permit. The CPRA recommends discipline in sustained cases.



Office of the Inspector General

The civilian Office of the Inspector General (OIG) is designed to monitor and audit the activities of OPD, including conducting any audit or review of OPD necessary to assess OPD’s policies, procedures, and performance for adherence to constitutional policing practices, including any pattern of noncompliance; to monitor OPD’s compliance with the fifty-two (52) tasks described in the long-standing Negotiated Settlement Agreement, even after the Agreement expires; and to periodically audit the CPRA’s performance.

POLICE COMMISSION FACTS

On November 8, 2016, Oakland voters approved Measure LL with 83.19% (137,032 votes) in favor of the measure. Measure LL established: (1) A Police Commission to oversee OPD policies and procedures, and (2) The CPRA to investigate police misconduct and recommend discipline. On June 22, 2018, the Oakland City Council approved an ordinance to support and implement Measure LL. The first slate of Commissioners were seated in December 2017. The Police Commission is in its fourth year of oversight.


On November 3, 2020, Oakland voters approved Measure S1 with 81.27% in favor. Measure S1 expanded the independence, authority, and staffing of the Police Commission and CPRA, and provided that the OIG reports to the Police Commission.


Since its inception, the CPRA has received approximately 500 public complaints annually regarding alleged police misconduct.