Judge Strips Power from Oakland Police
Decisions must now go through court monitors, as department steps closer to federal takeover
A federal judge has granted significant decision-making powers to the monitors charged with overseeing court-ordered reforms at the Oakland Police Department, a move that brings the department one step closer to a federal takeover.
In an order issued late Tuesday, Judge Thelton Henderson wrote that he was in “disbelief” that the department had yet to finish the reforms, adding that the department remains “woefully behind its peers around the state and nation,” and that “words and promises are not enough.”
The department has been under court monitoring since 2003, when the city settled a civil suit over the Riders case, in which several officers were accused of planting drugs on suspects in East Oakland. As a result of the settlement agreement, the department agreed to implement a series of misconduct-related reforms, including an overhaul of disciplinary procedures and use-of-force reporting. But two missed deadlines later, the department has yet to complete the tasks.
“The Court remains in disbelief that Defendants have yet – nine years later – to achieve what they themselves agreed was doable in no more than five years,” Henderson wrote. He canceled a hearing on the case that had been scheduled for Thursday. “As both Plaintiffs and Defendants recognize, something must change if full compliance is to be achieved.”
The order comes just one week after the monitors wrote in their quarterly report that the police response to Occupy Oakland protests this fall raised "serious concerns" about the department's ability to "hold true to the best practices in American policing." The monitors promised a thorough investigation of the matter.
In a written response to that report, the city and police department said they had made significant progress over a period of years and reaffirmed their commitment to implementing the court-ordered reforms.
Under Henderson’s order, police Chief Howard Jordan is required to begin meeting with the monitors immediately regarding any major decisions that “may impact compliance” with the settlement agreement, including disciplinary actions, staff promotions and equipment purchases. The requirement also applies to "tactical initiatives," such as Mayor Jean Quan's high-profile plan to increase law enforcement activity in the 100 blocks where most of the city's violent crime occurs.
If Jordan disagrees with a monitor's recommendations, the monitor must meet with the city administrator and the mayor. If both officials decline to follow the monitor’s directions, the court may order them to comply. The “burden of proof,” Henderson wrote, is on the officials to convince him why the monitor should follow their lead.
“The Court hopes that these intermediate measures will be sufficient to move Defendants into full compliance,” Henderson wrote.
If the department has not finished implementing the reforms by July, Henderson said he would consider the possibility of receivership proceedings, during which he could decide whether to place the department under federal authority.
The police chief and the president of the police union could not immediately be reached for comment.
Sue Piper, Quan's spokeswoman, declined to comment on the order Tuesday night, saying the mayor planned to meet with police and city officials Wednesday morning to discuss it. "We have to digest it," she said.
Reached Tuesday night, Jim Chanin, one of the lawyers who brought the lawsuit against the city and department in the Riders case, said he was pleased with the judge’s decision. He and lawyer John Burris filed a motion last week asking the judge to consider scheduling a hearing on receivership.
“Up till now they’ve had the option of ignoring the monitor,” he said. “That option’s been taken away by this order. So the monitor’s going to be able to make enforceable decisions and hopefully that will jump-start compliance, which has been a complete failure.”
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Alan Kurtz
Wow! This is huge news. Outstanding reporting by Shoshana Walter. Thanks also for including a PDF of the court's ruling. Kudos!
leonard raphael
Couldn't be any worse than Mayor Quan running OPD.
June Ko-Dial
this was a problem years before Mayor Quan was Mayor. you can't blame everything on her!
leonard raphael
Judge Thelton's complete quote is:
"The City makes much of its changed leadership – the Mayor, City Administrator,Chief of Police, and City Attorney – and the Court does not doubt the earnestness of the letters submitted by these individuals. However, as the Court has explained time and time again, words and promises are not enough. Indeed, each time a previous new Mayor or City Administrator or Chief of Police has come on board, the Court was reassured that the individual was strongly committed to reforming the Oakland Police Department, and that a change in administration and leadership was all that was necessary to push the City into full compliance."
Our Mayor came to her new job with 16 years public office experience and almost a decade as a council member. A year later she still can't manage her own police department.
Her botch of the first OO eviction injured civilians and cops needlessly. Then she had the chutzpah to claim she didn't know anything about.
When the Federal Judge eventually takes full control over OPD Quan will be relieved to have an excuse for the assured failure of her mystery 100 block "program". Now she can blame all future crime increases on the Feds.
Next she'll lead us into Chapter 9 and blame Brown for ending the RDA scam and a Federal bankruptcy judge for making the future cuts she should be making now for continuing drop in tax revenue and increase unfunded retirement costs of baby boomers.
After that, she'll be free to do what she does best: go to Washington DC and attend official dinners.
-len raphael, temescal
RecallQuan.com
Brian Locke
Where is the +1 for this comment?
J. Brandon Loberg
Quan isn't a leader, she's a ladder-climber; a career politician who will say anything to keep her comfy seat on the gravy train. Bottom line: you can't expect someone who clawed their way into the mayor's office by spinelessly placating everyone to suddenly do a complete 180° and show real leadership.
Patrick Mitchell
What's so surprising about this? Judge Henderson threatened to put OPD into receivership this month if full compliance was not reached - it wasn't and he didn't - again. Why comply if nothing really happens? Kind of like kid glove treatment of criminals. Wake up, Oakland.
M. Mouse
The bad attitude and performance of the Oakland PD is nothing new. I grew up in the area and learned the hard way how rotten that department can be. Until I traveled a bit, I assumed all police departments were that bad.
Yes, it's a tough city, and yes, the cops have a tough job. But that's what they are paid to do, and no one forced them into their jobs. There are good cops on that department, but not nearly enough of them, and the hard-core jerks are in control, and have been for decades.
A federal take-over and thorough house-cleaning, from top to bottom, is way, way overdue. The OPD lost my respect long ago, and it's going to take a long time for them to regain it.
J. Brandon Loberg
Just as many of Los Angeles' notorious crime problems find their way back to the LAPD's sordid history of abuse, graft, and mismanagement, Oakland has the OPD to thank in large part for its beleaguered reputation, and for sabotaging its prosperity. Oakland is a beautiful city with a rich history in a prime location, and it amazes me sometimes that it isn't absolutely thriving. However, when it comes down to it, nobody wants to live, much less open a business in a city where the police department is either heavy-handed or apathetic, yet rarely professional. Say what you will about Occupy—maybe it was the straw that broke the camel's back, or OPD's conduct toward demonstrators really was as egregious as i've seen in the news—i'm not one to say. Regardless, the fact that OPD is finally being taken to task is a resoundingly good thing for Oakland.