Fiscal Year 2013-2015 Special Budget Meeting
Informational ReportFiled under council matter 12-0351
Subject: Fiscal Year 2013-2015 Special Budget Meeting From: City Administrator's Office Recommendation: Receive A Presentation And Hold Discussion On The Mayor's Proposed Budget For Fiscal Year 2013-2015
Extracted text
Case3:00-cv-04599-TEH Document930 Filed05/01/13 Page4of59
INTRODUCTION
On January 3, 2003 Judge Thelton E. Henderson signed an order pursuant to a
negotiated agreement by parties in the Delphine Allen case,^ hereafter referred to as
the Negotiated Settlement Agreement (NSA).^
The NSA was a result of multiple
Patterns and Practices claims against the City of Oakland and the Oakland Police
Department (OPD) stemming from what has become commonly known as "The Riders
Case." A total of 119 plaintiffs were associated with the suit in 2000, and ultimately an
award of $10.9 million was paid by the City of Oakland. The NSA outlined major
reforms required of the OPD, and the Department was to be in compliance within 5
years. The Compliance Director maintains the highest regard for the purpose of the
NSA as outlined in the original 2003 Agreement:
"The City of Oakland...and the plaintiffs share a mutual interest
in promoting effective and respectful policing. The parties join
in entering into this Settlement Agreement...to promote police
integrity and prevent conduct that deprives persons of the
rights, privileges and immunities secured or protected by the
Constitution or laws of the United States. The overall objective
of
this
document
is
to
provide
for
the
expeditious
implementation...of
the
best
available
practices
and
procedures for police management in the areas of supervision,
training and accountability mechanisms, and to enhance the
ability of the Oakland Police Department...to protect the lives,
rights, dignity and property of the community it serves."^
The NSA was updated in February 2004, ^ and encompassed 51 Tasks.
An
Independent Monitoring Team (IMT), approved by Judge Henderson, was assigned the
responsibility of monitoring the efforts and progress of the OPD toward compliance with
all Tasks.
At the end of the Court-ordered 5 year period, OPD was not in full
compliance with the NSA, and thus Judge Henderson ordered that it be extended. The
first IMT filed 14 quarterly reports with the court; the last was filed in January 2010.^
In 2010, a second IMT was approved by Judge Henderson. The second (and current)
IMT has filed a total of 13 quarterly reports, commencing in April 2010.^ An Amended
Memorandum of Agreement (AMOU) between all parties was also approved by Judge
Henderson. The AMOU reduced the number of actively monitored Tasks from 51 to 22.
In January 2012, the Court issued an order extending the authority and responsibility of
the Independent Monitor.^
^ Delphine Allen, et al., Master Number COO-4599 TEH (JL)
^ http://www2.oaklandnet.com/oakcal/groups/police/documents/webcontent/dowd022066.pdf
^Ibid
" Ibid
^Ibid
^Ibid
' http://docs.justia.com/cases/federal/district-
courts/california/candce/3;2000cv04599/41858/675/0.pdf?1327480915