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City Manager's Office
Craig Kocian
Administrative Services Agency
July 30, 1996
A resolution has been prepared for Council consideration which approves
Memorandum of Understanding (MOU) between the City of Oakland and the Oakland
Police Officers' Association (OPOA) on continuation of the Citizens' Police Review
Board (CPRB).
City staff has recently concluded discussions with the OPOA regarding the impacts on
represented employees of changes to Ordinance No. 11567 which establishes the
CPRB. Changes to Ordinance No. 11567 are codified in a new ordinance which is
being considered for final passage by Council. The proposed MOU eliminates
attendance goals as a method for insuring Police Officer attendance at CPRB hearings.
Such attendance, under the new ordinance, may be compelled by subpoena.
Additionally, the MOU adds three new provisions; first, that the representative from the
Office of the City Attorney referenced in Section 6, E, 2 of the new ordinance will act in
a quasi-judicial manner during the conduct of hearings before the Board; second, that
neither the Council nor any City Official, employee or agent acting in the course and
scope of his her employment shall support any initiative to alter, amend, or create a
substitute for the CPRB as it exists as of the effective date of the new ordinance; and,
third, that the OPOA agrees that there may be no challenge to the documents released
voluntarily by an officer pursuant to Section 6, F, 4 of the new ordinance.
The MOU is for a period of two (2) years, terminating on June 30, 1998.
CPRB MOU 2 July 18,1996
It is recommended that the resolution be approved.
Avon Manning, Director
Administrative Services Agency
Prepared by:
Cedric Williams, Interim Director
Personnel Resource Management
Approved for Forwarding to
the City Cou .
3 f - ~ t
7 - ~ .. 96
Memorandum of Understanding
between the
City of Oakland and the Oakland Police Officers' Association
Citizens' Police Review Board
July 31,1996 - June 30,1998
Whereas, the parties to this agreement, the City of Oakland and the Oakland Police
Officers' Association (OPOA) desire to improve police-community relations; and
Whereas, both parties desire to reach an accommodation between the interests of
fact-finding and the rights and interests of employees in confidentiality;
Therefore, it is agreed as follows:
1. This agreement shall cover City of Oakland employees officially designated
to be members of Representation Unit P - sworn police officers, represented by the
Association. The parties acknowledge that they have met and conferred in good faith in
accordance with the Meyers-Milias-Brown Act and the Charter of the City of Oakland.
2. The OPOA waives whatever rights it has to object to the revelation of
documents and reports of the Professional Standards Section (PSS), in the manner as
hereafter described, whether such rights exist under the California Evidence Code, the
Penal Code, or otherwise.
3. The OPOA waives any rights it has to meet and confer further concerning
the continuation or existence of a Citizens' Police Review Board (CPRB) as said CPRB
is established, implemented, and constructed, in terms of its constitution, powers, and
procedures, in a proposed ordinance to be submitted to the Oakland City Council, a true
and correct copy of which is attached hereto and is hereby incorporated herein by
reference. The waiver of rights by the OPOA contained in paragraphs 2, 3, and 7, and all
other commitments contained herein by the OPOA shall cease if said ordinance is
changed or not adopted. Moreover, if the City proposes to change such ordinance, the
waiver of any meet and confer rights of the OPOA under the Meyers-Milias-Brown Act or
under the Charter shall cease.
4. The PSS reports and documents described herein, which may be revealed
to members of the CPRB for their examination, are to be those PSS documents gathered
or drafted to deal with the same, specific incident being investigated by the CPRB. No
PSS documents pertaining to prior or other incidents are to be revealed.
5. PSS documents for the purposes of this agreement include complaints made
to PSS, statements of witnesses made to PSS, statements of police officers made to PSS,
any other raw data or evidence provided to PSS dealing with the incident in question, as
well as any summaries, reports, or descriptions developed by PSS personnel themselves.
PSS documents pertaining to an incident, as described above, may be
turned over to members of the CPRB under the following conditions:
A. The PSS documents may be copied for purposes of CPRS
examination as described herein by the custodian of records of PSS, accompanied by an
OPOA observer. All documents, and copies thereof as described herein, are to be
paginated, with each page carrying the designation, for example, of "1 of 25"... "23 of 25",
... and so on.
S. The original and all copies are to remain in the possession of the
custodian of records of PSS, and are never to leave his/her possession except when
being examined by members of the CPRS, and then only under the conditions described
C. The documents are to be examined by members of the CPRS in the
same room as the custodian of records from PSS and an observer among themselves,
out of earshot of the PSS representative and the OPOA observer, but the PSS documents
and copies thereof, are not to leave the sight of the PSS representative and OPOA
observer. Notes of a general (non-verbatim) nature may be taken by members of the
CPRS for purposes of review and discussion later, except that such notes shall also be
subject to the confidentiality provisions and commitments of this Memorandum of
D. Each document distributed to members of the CPRS shall be
identified as being the document of the particular member to whom it is distributed, and
such copies shall be collected by the PSS representative immediately after review by the
CPRS members involved. If CPRS members need to review the PSS documents on
another occasion, the PSS documents (again including copies) shall be returned to the
PSS custodian of records and maintained in his possession until such next meeting.
When and if CPRS returned to the custodian of records from PSS, who shall then
immediately destroy all copies made for use by the CPRS members, in the presence of
the OPOA observer.
E. The contents of all PSS documents are to be kept confidential by the
CPRS, and its members. This obligation of confidentiality shall extend to staff personnel
assigned to the ePRS by the City Manager or the City Attorney. The contents may be
discussed in a closed deliberative meeting of CPRS members, but shall not be revealed
to members of the general public, the media, or any other person or body, except by way
of communication, oral or written, again to be confidential, to the Office of the City
Manager or the Director of Police Services. Any confidential communication under this
MOU to the City Manager or Director of Police Services shall be supplemental to any
report or recommendation referenced in the ordinance. Any communication from the City
Manager or the Director of Police Services in response to said supplementary confidential
communication shall, in turn, be confidential and supplemental to any reports, or
responses by the City Manage required by the ordinance. This commitment of
confidentiality does not preclude the CPRS or its members from issuing any report,
conclusions or recommendations to the general public which do not reveal information or
facts obtained from the PSS documents. This commitment of confidentiality specifically
includes any communications that might be made to parties, witnesses or members of the
general public at CPRS hearings.
F. Employees represented by the OPOA whose records are contained
in such PSS documents, or whose na1es, actions, or omissions are described therein,
are third-party beneficiaries of the ornmitments made under this MOU. Such
beneficiaries may seek whatever relie is appropriate before the appropriate forum, for
violations of this agreement. If there is al violation of this agreement, the prevailing party,
including third-party beneficiaries, shall (eCeiVe reasonable attorney's fees.
6. Members of the CPRS, rto officially assuming their duties, shall sign an
agreement indicating their awareness of he terms of this MOU, their willingness to abide
by its terms, and their willingness to car out the commitments of confidentiality contained
herein. Such agreement shall be in of an exhibit which is attached hereto and
incorporated herein by reference. Copi s of such agreements shall be forwarded to the
OPOA for its records, prior to the assu ption of duties by the CPRS members.
7. The OPOAwaives any rig ts it may have to object to the revelation to CPRB
members (or members of a similar ody), in the manner herein described of non-
"personnel records" (as defined in appro riate Penal Code and Evidence Code Sections),
whether those rights arise under the Pen I Code, Evidence Code, or otherwise. Provided
also there may be no challenge to the dOfuments released pursuant to paragraph nine (9)
of this agreement. 1
8. The OPOAwill furnish to Police Department sufficient names of OPOA
representatives (observers) as descri ed herein such that cost to the City may be
minimized by having such officer act as an observer during his/her normal on-duty shift.
9. It is understood that an officer may waive confidentiality by authorizing
release of any and all statements provided by him/her to the Professional Standards
Section, and the aforementioned provisions of paragraph five (5) shall not apply to such
10. The parties contemplate that the representative from the Office of the City
Attorney referenced in Section 6 (E) of the attached ordinance will act in a quasi-judicial
manner and the Board will solely find fact, draw conclusions, and make recommendations
consistent therewith. The roles are generally analogous to a judge and jury, respectively.
The representative (attorney) from the City Attorney's office may determine as "out of
order" or as inappropriate statements by complainants, officers, their representatives,
witnesses, or members of the Board, or any other person present at the hearing.
11. Neither the City Council collectively as a body nor any City Official,
employee, or agent acting in the course and scope of his/her employment, agency or
office, shall directly or indirectly, support any initiative (Charter or otherwise) to alter,
amend, or create a substitute for the CPRB as it existed as of July 31, 1996.
12. The term of this agreement shall be from July 31,1996 to June 30,1998
except as follows:
The terms of this agreement shall not be binding upon the parties if the CPRB as
described in the attached ordinance ceases to exist and as long as no similar body
replaces it.
CITY OF OAKLAND, a municipal
Employee Relations Officer
Agreement to abide by terms of the MEMORANDUM OF UNDERSTANDING and
confidentiality provisions thereof.
I, , have read and am familiar with the terms and
commitments of an MOU between the City of Oakland and the Oakland Police Officers'
Association (OPOA) effective July 31, 1996. A copy of that agreement is attached hereto,
incorporated herein, and is initialed by me on its pages.
I do agree to be bound as a member of the CPRB to the commitments of CPRB
members and of the City of Oakland as described in said Memorandum of Understanding.
CPRB Member's Signature Date
NOTE: This exhibit is signed by all members of the Citizens' Police Review Board to acknowledge that the
member is familiar with the MOU, agrees to abide ~ terms of the MOU and its confidentiality
July 30,1996
Release of Statement
Pursuant to Section 6, F, (4) of the Citizen Police Review Board Ordinance, I
authorize the release to the CPRB of any and all statements I have made to the Police
Department relative to CPRB complaint # _
Date: _
Officer's Name:
Officer's Signature
WHEREAS, the Citizens' Police Review Board was established by ordinance by the City
Council of the City of Oakland for the pUI1'0se of reviewing certain complaints of conduct by
police officers, conducting fact-finding investigations of these complaints, and thereafter making
advisory reports to the City Manager of the facts ofthese complaints; and
WHEREAS, notions of the public accountability and procedural fairness invite expansion
and refinement ofthe Board's jurisdiction and its processes tor fact-finding and recommendations;
WHEREAS, at a Special Meeting ofthe City Council convened on or about April 26,
1994, the City Council determined that existing boards and commissions should be amended to
incorporate unifonn requirements regarding the selection of members, the duties of said members,
and the general responsibilities ofboards and commissions; now therefore
The Council ofthe City of Oakland does ordain as follows:
SECTION 1. Ordinance No. 11567 C.MS. is hereby repealed.
SECTION 2. Creation of the Citizens' Ponce Review Board
Pursuant to Section 601 of the Charter ofthe City of Oakland there is hereby created a
Citizens' Police Review Board (hereafter "Board"). It shall be the duty ofthe Board to investigate
and review certain complaints regarding the conduct of Oakland police officers and park rangers
and thereafter deliver in a timely manner advisory reports to the City Manager regarding the facts
of and a recommended disposition ofthese complaints. In addition, the Board may, consistent
"With the limitations set forth in section 6.CA ofthis Ordinance, recommend policy changes to the
Public Safety Committee "With regards to matters within its jurisdiction.
SECTION 3. Membership of the Board
A. Composition of the Board
The Citizens' Police Review Board shall consist of nine (9) members who shall serve
'Without compensation.
1. To the extent practicable,. appointments to the Board shall be made in accordance with the
Cit1s affirmative action policies.
" To the extent practicable, appointments to the Board shall reflect the geographical
.. diversity of the City.
B. Board Member Qualifications
1. The members of the Board shall be Oakland residents who have attained a
minimum eighteen (18) years of age.
" Within nine months of appointment each Board member must complete the
Citizens' Police Academy and the Police Deparnnent's "ride-along" program.
C. Appointment of Board Members
1. Members will be appointed as follows: recommendation by Council members,
appointment by the Mayor, and confirmation by the Council.
" Council members must submit recommendations to the Mayor for consideration at
least 30 days prior to expiration of an existing board members term.
D. Term of Board Members
1. Commencing July 1, 1996, members shall be appointed to staggered. terms, said
terms to commence upon the date of appointment, except that an appointment to fill a vacancy
shall be for the unexpired portion of the term only.
2. Length of Terms: Except for the initial appointments made immediately following
passage of this Ordinance which may be for a lesser term of one (1) year in order to establish
staggered. terms pursuant to subsection A, all appointments shall be for a period oftwo (2) years.
3. Limit on Consecutive Terms: Commencing with the effective date ofthis
Ordinance, no person shall be appointed to serve more than two (2) consecutive terms as a
member ofthe Board. Members sitting on the effective date ofthis Ordinance shall not be
appointed to serve more than (1) additional consecutive term as a member ofthe Board.
4. In the event an appointment to fill a vacancy has not occurred by the conclusion of
a Board members teIlIl, that member may continue to serve as a member of the Board during the
subsequent term in a holdover capacity for a period not to exceed. one year, to allow for the
appointment of a Board member to serve the remainder of said. subsequent term.
E. Elections of Officers and Meetings
The Board shall elect a chairperson and vice chairperson from its members. These
members shall serve in such capacity for a period of one (1) year from the effective date ofthis
. Ordinance, except that in the event of a vacancy, the duly elected member shall serve in the
capacity for the remainder ofthe term. The Board shall meet at least once each month at an
established. time suitable for its purpose. Such meetings shall be designated regular meetings.
Meetings called by the chairperson and meetings scheduled for a time or place other than for
regular meetings shall be designated special meetings. Written notice of special meetings shall be
given to the City Clerk, Board members, the Council and the press at least twenty-four (24) hours
before the meeting is scheduled to convene.
F. Removal of Board Members
A member may be removed. pursuant to Section 601 ofthe City Charter for, among other
things, a conviction of a felony, misconduct, incompetence, inattention to or inability to perform
duties. To assure participation ofBoard members, attendance by the members ofthe Board at all
regularly scheduled and special meetings of the Board shall be recorded, and such record shall be
provided semi-annually to the Office ofthe Mayor for review. Absence of a Board member from
three (3) consecutive regular meetings or from five (5) regular meetings in a calendar year shall
constitute cause for removal.
SECTION 4. Vacancies
A vacancy on the Board will exist whenever a member d.ies, resigns, or is removed or
whenever an appointee fails to be confirmed by the Council within thirty (30) days of
SECTION 5. Jurisdiction of the Board
The jurisdiction ofthe Board shall be as follows:
A. (1) The Board may exercise concurrent (with the Director ofPolice Services)
original jurisdiction over individuals' complaints against police officer's or park rangers' use of
excessive force, or communication of bias based upon an individual's legally protected status
(race, gender, national origin, religion, sexual orientation or disability). The Director ofPolice
Services shall be empowered to investigate such complaints concurrently "With the Board and
make a detennination thereon.
(2) All complaints falling "Within the concurrent original jurisdiction of the Board
must be filed with the Board within one hundred and twenty (120) days ofthe incident
complained of. A complaint may be filed by the individual or by hislher representative so
designated in writing by the complainant The filing of a complaint pursuant to this Ordinance
does not constitute the filing ofa tort claim against the City ofOaklandpursuant to California
Government Code section 900 et. seq.
B. (1) With the exception of complaints over which the Board has concurrent original
jurisdiction, the Board shall have supplemental jurisdiction over all other complaints (including
.any complaint of excessive force or bias a complainant may elect to file initially with the Police
Department )as follows: Ifafter filing a complaint with the Police the Police
Department has either failed to complete its investigation within ninety (90) days from the date of
filing or ifthe individual is dissatisfied with the investigative disposition, the individual may then
file a complaint 'With the Board. The Police Department shall give each individual who files a
complaint 'With it notice ofthis provision and the time lines set forth below.
(2) All complaints falling 'Within the supplemental jurisdiction of the Board must
be filed 'With the Board within thirty (30) days from either (a.) the date ofthe Director ofPolice
Services disposes of the complaint, or (b.) the expiration, without disposition, of ninety (90) days
from the date ofthe initial filing ofthe complaint 'With the Department.
SECTION 6. Rules and Procedures
A. Adoption of Rules
The Board shall, in consultation 'With the City Manager and the City Attorney, and 'With
the approval ofthe City Council, establish rules and procedures, except as provided herein, for the
conduct of its business.
B. Voting Requirements
The affirmative vote of five (5) members ofthe Board shall be required for the adoption of
any motion or resolution 'With regard to recommendations for findings or discipline againSt an
officer, or for policy recommendations, or for any actions affecting the Police Department.
Motions on all other matters, not otherwise established herein, may be approved by a majority of
those Board members present.
C. Reports bv the Board
1. The Board shall make its reports and recommendations in writing unless otherwise
directed by the City Council.
2. All reports and recommendations regarding proposed discipline of a police officer or
ranger shall be sent in writing to the City Manager. After careful consideration the City Manager
shall respond in writing to the Board as to whether or not the recommendations were
implemented as recommended, implemented with modifiC3iioris, or not implemented and the
reasons therefore.
3. No less than twice each year the Board shall issue a detailed statistical report to the Public
Safety Committee regarding complaints filed with the Board, the processing of these complaints
and their dispositions.
4 The Board may on a quarterly basis recommend in writing policy changes with regards to
. matters within its original jurisdiction and on an annual basis with regard. to any other matter
within its supplemental jurisdiction.
D. Board Committees
City Council approval must be obtained prior to the creation of any standing committee of
the Board. A proposal to create a standing committee ofthe Board must include infoIlIlation
regarding the costs associated with staffing the standing committee, and the costs of complying
with noticing and reporting requirements resulting from the establishment of any such standing
committee ofthe Board.
E. Staff to the Board
1. The Board shall be assisted by a staff of civilian investigator(s) (hereafter "Board's
) who shall work in the Office ofthe City Manager.
2. A representative ofthe City Attorney licensed to practice law in the State of California
shall be assigned to serve the Board when the Board is receiving testimonial evidence or receiving
evidence that could lead to an adverse factual finding or recommendation for discipline. The
Board's attorney shall not in the regular course ofbis her legal practice defend law enforcement
officers. The Board's attorney shall not participate in, nor serve as counsel to the City or any of
its Council members or employees in defense of any law suit arising from the incident(s) that is
before the Board.
F. Pre-Hearing Processing and Investigation of Complaints
1. Individual complaints filed. with the Board shall be received and individuals shall be
interviewed at a location other than the Police Administration Building or any satellite station
thereof .
2. Copies of all complaints filed with the Board shall be forwarded immediately to the
Director of Police Services.
3. Ifthe Board, or assigned staff so authorized, determines upon initial review that the
complaint does not fall within the jurisdiction ofthe Board or is untimely, the complaint shall be
referred to the Director ofPolice Services for appropriate investigation and disposition.
4. The Chief shall order all officers subject to subpoena (as set forth in Section G.2. below)
to fully cooperate with the Board's investigator either, at the election of the officer, by
authorizing release of any and all statements the officer provided to the Police Department in its
investigation of the below- mentioned complaint or by responding directly to the Board
investigator's inquiries.
5. A.ll records ofthe Police Deparnnent relating to the incident which gave rise to the
complaint that is being investigated. by the Board, with the exception of personnel records, or
other privileged records, shall be made available to the Board through its investigator within the
restrictions of applicable federal, State, local law and appropriate contractual agreements.
G. Hearings
1. The Board's attorney and other staff members as needed, shall train the Board in basic
principles of due process and administrative hearing procedures.
2. The Board shall have the power to subpoena civilian witnesses, and those police officers
and park rangers who are identified in a complaint as having engaged in or witnessed conduct
whose review is within the original or supplemental jurisdiction ofthe Board.
3. It shall be the sole and exclusive"responsibility of the Board's attorney to determine the
order and conduct of any public hearing conducted pursuant to this Ordinance and to rule on the
admissibility of any evidence in any hearing which may lead to an adverse finding offact or
recommendation for discipline against a police officer, provided that the Board by motion may, by
six (6) votes, overrule any ruling under this provision made by the Board'
4. The hearing may follow an informal hearing procedure consistent with accepted practices
of administrative procedure. Board members, the Board's attorney, and the Board's investigator
may question all witnesses. The officer who is the subject of the complaint or the officer's
representative will be allowed reasonable cross examination ofthe complainant and wimesses and
the complainant or the complainant's representative will be allowed. reasonable cross-examination
ofthe officer and witnesses.
5. The burden shall be placed upon the complainant to prove, by a preponderance of the
evidence, the allegation(s) of the complaint.
6. The Board's attorney may at the request of the Board assist it in fonnulating factUal
findings and legal conclusions but shall have no voting role in any Board action.
7. Prior to the Board's making any findings or recommendations, the Board's attorney with
the assistance of the Police Deparnnent staff: as needed, shall instruct the Board on the Police
Department's applicable rules, orders, and regulations and law. The Board shall take into account
ail pertinent City and Police Deparnnent rules and regulations and orders in making its findings
and recommendations.
8. The Board shall have a goal of completing its act finding and conclusions on an individuaL
complaint within stay days from tile date ofits :filing with the Board. In those instances where
the goal cannot be achieved., the Board shall assure tbat the comp1ainant receives notification of
the status ofthe disposition iniiialIy upon the expiration ofsixty days following the
registrarion ofthe complaint and. every sixty (60) days thereafter until disposition. The written
results ofthe Board's findings and recommendation(s) sba1l be forwarded. to the City Manager for
. his or her consideration.
9. If, after the appropriate investigation and upon the recommendation ofstaf( the Board
may dismiss a complaint withOut hearing it ifit concludes that a hearing. would not fu.cilitate. the
fact-finding process and tha:tno good cause is shownforfunheraction..
SECTION 7. Mediation
Upon the consent oithe complainant and the officer against whom a complaint is filed. a.
civilian investigator and/or the Board.' s attorney, is authorized to mediate. a. final. andbinding
resolution of any complaint in accordance with. the Board's established rules and procedures.
SECTION 8. Effective Date
This Ordinance shall take effect upon the date ofpassage.
r certify that the foregoing is a f u l ~ t:rue a.nd. COTT1!cr CDpy of an Ordi1Ul.1ZC2
passed by the Citlj CaunciZ ofthe Cit:y of Oakland, Cillifomia. on
CitlJ Cleric
WHEREAS, the Memorandum of Understanding on the continuation of the
Citizens' Police Review Board to be entered into between the City of Oakland and the
Oakland Police Officers' Association has been presented to the City Council for
determination pursuant to Section 3505.1 of the Government Code of the State of
California; and
WHEREAS, the terms and conditions contained in said Memorandum of
Understanding are in the best interests of the City, now, therefore; be it
RESOLVED: That said agreement be, and it is, hereby approved; and be
FURTHER RESOLVED: That the provisions of said Memorandum of
Understanding are to be effective July 31, 1996.
I certify that the foregoing is a full, true and correct copy of a Resolution
passed by the City Council of the City of Oakland, California,
City Clerk and Clerk of the Council
Per Deputy

Office of the City Attorney
Jayne W. Williams
City Attorney
Oakland, California
June 25, 1996
(510) 238-3601
FAX: (510) 238-6500
TOO: (510) 839-6451
Subject: Ordinance Repealing Ordinance No. 11567 C.M.S. And Creating A Citizens'
Police Review Board Pursuant to Article VI of The Charter To Assist And
Advise The City Manager And The City Council
Dear Mayor Harris and Members ofthe City Council:
A Ordinance has been prepared repealing the prior Ordinance and creating a Citizens'
Police Review Board pursuant to Article VI ofthe Charter.
The Ordinance provides for the creation of a Citizens' Police Review Board with the
authority to, recommend to the City Manager discipline for peace or correctional officers who are
found to have exercised unlawful authority against a citizen and to recommend lawful changes in
police and custodial practices.
A copy ofthe Ordinance is attached for your information and review.
Respectfully submitted,
City Attorney
Attorney assigned:
Marcia Meyers
", ,\ lJd c7.Nnr96
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