City Attorney

FY 2023-25 PROPOSED POLICY BUDGET


SERVICES

External Services

Affirmative Litigation, Innovation & Enforcement

The Neighborhood Law Corps (NLC) focuses on preventing illegal dumping, suing abusive landlords who violate the rights of Oakland tenants and shutting down hotels, massage parlors and other businesses that collude in human trafficking and the sexual exploitation of minors.


The Community Lawyering & Civil Rights (CLCR) unit focuses on proactive lawsuits and other actions to protect and advance the rights and interests of the people of Oakland with a goal of securing and maintaining racial, economic, environmental, and social justice and equity; to protect constitutional and civil rights; and enforce laws prohibiting discrimination based on race, class, sexual orientation, gender, and other protected classes.


General & Complex Litigation

Advocates for the City’s interests in claims and lawsuits that are filed against or on behalf of the City, its officers, employees, agencies, and/or City boards and commissions.



Internal Services

Advisory

Provides legal services that address the full spectrum of municipal affairs.


Labor & Employment

Advises the City on labor and employment matters, as well as matters relating to the oversight, accountability, and general management and includes a unit that focuses on providing advice and counsel to the Oakland Police Department.

PRELIMINARY PERFORMANCE MEASURES

Service Title: Advisory Division


Council Priority: Other


Service Description: Provides legal advice and counsel regarding the broad spectrum of municipal law-related matters, including but not limited to housing and economic development projects, land use, finance, municipal bonds, retirement, benefits, tax, constitutional law, ethics and conflicts of interest, rent program, code enforcement, policing and compliance with negotiated settlement agreement in Delphine Allen v. City of Oakland and other legal services pertaining to requests for complex legal opinions, advice on legal issues and risks related to proposed laws, policies and projects, drafting and reviewing and approving as to form and legality legislation and contracts.


Service Type: Internal


Objective Description: Provides highest quality of legal services; upholds a transparent, honest, and fair government by enforcing the Public Records Act and other open government laws; and identifies ways to provide expert and professional legal services in most efficient and cost-effective manner possible.


Success Measure: Percentage of legal services requests reviewed and provided counsel within 30 days.

Service Title: Litigation Division


Council Priority: Other


Service Description: Represent the City and its officers, departments, and commissions in their official capacities in litigation and other legal proceedings and bring affirmative lawsuits on behalf of the City and the People to protect and advance the rights of the City and the residents of Oakland. Defends the City when it is sued and brings affirmative lawsuits. Also handles the trials, negotiates settlements and represents the City on appeal.


Service Type: External


Objective Description: Defends Oakland’s interests and resources in court and in administrative proceedings.

Success Measure: Percentage of lawsuits against the City that are dismissed.


Percentage of affirmative lawsuits on behalf of the City that resulted in a settlement.

Service Title: Labor and Employment Unit


Council Priority: Other


Service Description: Advises the City on labor and employment matters and represents City in arbitrations; provides advice and counsel to Oakland Police Department Provides complex advice to City Administrator and Human Resources and the Mayor and Council regarding a wide range of labor and employment matters, including collective bargaining negotiations, interpretation of labor and employment laws. Dedicates substantial resources to advise the Oakland Police Department of the myriad issues OPD addresses on a daily basis, including internal investigations, the Negotiated Settlement Agreement in Delphine Allen v. City of Oakland.


Service Type: Internal


Objective Description: Supports the pursuit of social justice and racial equity by working to increase public oversight of Police Department.

Success Measure: Percentage of legal services requests reviewed and provided counsel within 30 days.

Service Title: Neighborhood Law Corp


Council Priority: Clean, healthy, sustainable neighborhoods


Service Description: Files affirmative litigation to protect tenants’ rights, workers’ rights, civil rights, and hold abusive landlords accountable. Prioritizes intervention when violations of Oaklanders’ rights are severe, pervasive, or persistent, and focus on cases and matters that lead to a more just, equitable, safe, and healthy Oakland, particularly cases and matters that concern housing, racial discrimination, and environmental justice.


Service Type: External


Objective Description: Protects and enhances the rights, interests, and quality of life for Oakland residents and ensure justice and equity.


Success Measure: Percentage of affirmative lawsuits on behalf of the City that resulted in a settlement.


Number of times the Neighborhood Law Corps has taken a proactive non-litigation civil enforcement action on behalf of impacted Oakland residents.

ORGANIZATIONAL CHART

Organizational Chart of City Attorney

BUREAUS/DIVISIONS

City Attorney Administration

Advisory

Advisory provides legal services that address the full spectrum of municipal affairs. Examples include drafting legislation and contracts, providing advice on housing and economic development projects, land use, negotiating real estate transactions and providing advice regarding finance, municipal bonds, retirement, benefits, elections, tax, constitutional law, ethics and conflicts of interest.


Litigation

Litigation includes the General and Complex Unit, Law and Motion Unit and the Neighborhood Law Corps (NLC). The Neighborhood Law Corps is an award-winning program that in recent years has focused on preventing illegal dumping, suing abusive landlords who violate the rights of Oakland tenants and shutting down hotels, massage parlors and other businesses that collude in human trafficking and the sexual exploitation of minors. The Law and Motion unit provides top notch research, briefing and oral arguments regarding lawsuits when the City is a defendant or a plaintiff.


The General & Complex Litigation unit advocates for the City’s interests in claims and lawsuits that are filed against or on behalf of the City, its officers, employees and agencies. Lawsuits are litigated in the state and federal trial and appellate courts. Examples include high value personal injury cases, complex civil rights actions, personnel disputes, eminent domain actions, breach of contract, challenges to constitutionality of Oakland’s laws, policies and procedures and inverse condemnation cases. Litigators take a strategic approach to manage liability and limit the City’s financial exposure. As public servants, we advocate for a fair and just resolution of claims and lawsuits.


Labor & Employment

Labor & Employment advises the City on labor and employment matters and includes a unit that is dedicated to providing advice and counsel to the Oakland Police Department. Labor & Employment also represents that City in arbitrations to uphold discipline against City employees, including but not limited to police officers and provides advice regarding employment law and the City’s obligations.


Legal Support

Operations administers the budget, personnel and support services of the City Attorney’s Office. The group includes administrative and information technology staff, legal administrative assistants and paralegals.