Oversight
The Oakland Police Commission
The Oakland Police Commission is a civilian- led body responsible for overseeing the policies, practices, and disciplinary systems of the Oakland Police Department. The Commission has the authority to review and recommend changes to OPD policies and to make final disciplinary recommendations when there is a disagreement between the Chief of Police and the investigative agency.
Community Police Review Agency (CPRA)
CPRA serves as the independent investigative arm of the Commission. It receives and investigates public complaints involving police conduct, including use of force, racial profiling, First Amendment violations, and other potential misconduct. CPRA may recommend disciplinary action and works independently of OPD's internal affairs system.
Office of the Inspector General (OIG)
The OIG is responsible for auditing and reviewing the performance of both OPD and CPRA. It conducts regular audits, evaluates whether investigations and internal processes meet established standards and identifies areas for improvement. The OIG helps ensure transparency, consistency, and systemic accountability throughout the oversight process.
The Police Commission Selection Panel includes nine members selected by each City Council member. The Panel makes recommendations for police commissioners to the Oakland City Council.
1999: Four OPD officers known as "The Riders" are accused of racial profiling, beating people, framing them, and planting drugs.
2003: A $10+ million settlement of a civil lawsuit by 119 plaintiffs against 19 OPD officers includes federal oversight through the Negotiated Settlement Agreement (NSA).
2008: The original monitor team which included former law enforcement officials refused to renew their lucrative contract because of the intransigence of OPD and resistance to reform.
2012: After persistent problems and ongoing backsliding, plaintiffs’ attorneys ask the judge to put OPD into receivership. Receivership would put all aspects of OPD under federal control, including day-to-day operations. Parties create an alternative. The Judge agrees to modify NSA by adding the compliance position and giving the monitor more authority over OPD’s top personnel and financial decisions.
2013: Within months, there are serious problems. Chief Jordan fails to comply with the agreement he participated in or to confer with the monitor about personnel decisions. His obstruction puts the agreement in jeopardy and makes receivership more likely. Chief Jordan retires in May 2013 for “medical reasons.”
2013: Anthony Toribio becomes interim chief. Two days later, Sean Whent is appointed permanent chief. There is forward progress under the NSA and optimism grows that Oakland can demonstrate a commitment to constitutional policing and accountability.
September 2015: OPD Officer Brendan O'Brien kills himself, leaving a suicide note that revealed his statutory rape of a sex trafficking victim and implicates 13 other OPD officers. OPD’s criminal and internal investigations into the death of O’Brien’s wife earlier in 2015 do not follow protocol and appear to have protected O’Brien.
Chief Wendt covers up the brewing scandal and does not inform the compliance monitor, the mayor, or city officials.
Compliance Monitor Warshaw finds out about the circumstances of the officer's suicide. The next day, Chief Wendt resigns.
A wide-ranging investigation implicates 14 OPD officers with charges ranging from rape of a minor, paying for sex, accessing OPD databases for personal gain, leaking confidential information to targets, failing to report violations of law, and bringing disrepute onto OPD. This leads to a cascade of resignations and disciplinary actions, although many involved officers remain in OPD, and several receive promotions.
More details emerge about OPD Internal Affairs and OPD command staff efforts to deflect suspicion away from their colleagues, by pressuring victims and witnesses to change their statements, burying evidence and internal complaints, and delaying action on officers accused of criminal activity.
Independent report finds Chief Sean Whent and top city officials, including Mayor Libby Schaaf, were inept in their handling of the rape scandal and that officers involved in cover-up were promoted.
In the fallout of the scandal and cover-up, Ben Fairow and Paul Figueroa are briefly acting chiefs.
June 2016 to February 2017: City Administrator Sabrina Landreth oversees OPD while a permanent chief is recruited.
Nov 2016: 82% of voters pass a ballot Measure LL to create Police Commission.
Feb 2017: Anne Kirkpatrick is named the first female chief.
March 2018: Five officers shoot and kill Joshua Pawlik, a sleeping homeless man with a gun nearby. The incident calls into question Chief Anne Kirkpatrick’s leadership, use-of-force policies, and reforms.
2019: Federal monitor issues report outlining how the department is backsliding and falling out of compliance. Kirkpatrick tells the judge that nothing is wrong at OPD, claims it's just a problem with “the narrative.”
2020: Chief Anne Kirkpatrick is fired by Libby Schaff with the support of the Police Commission. Kirkpatrick sues and wins the same payout she would have received under her employment contract. Darren Allison is appointed acting chief until Susan Manheimer is appointed interim chief during the search for a permanent chief.
Nov 2020: 83% of Oakland voters approve ballot Measure S1 to amend the powers and staffing of the Oakland Police Commission and the Community Police Review Agency, and create the Office of Inspector General.
2021: LeRonne Armstrong is appointed police chief by Mayor Libby Schaaf.
2021: Nine officers are disciplined for their part in an offensive Instagram account involving social media posts that were sexist, racist, and hostile to reform and oversight.
March 2022: OPD Officer Michael Chung crashes his police vehicle into a parked car in a SF garage and does not report the hit-and-run. In a separate incident, he fires his gun in an elevator inside OPD headquarters and destroys the evidence.
City of Oakland learns of Chung’s hit-and-run, with camera footage, when the owner of the car files a complaint. Chung’s supervisor violates policy by instructing him to file an accident report months later. OPD IAD investigator reports violations including the hit-and-run, disobedience to law, lying, and an unreported personal relationship (girlfriend in car is an OPD officer). IAD supervisor instructs the investigator to reduce the charges. Investigator: “is this a direct order?” Svr: “yes, it's a direct order.” 4 months later, at a weekly chief's meeting, Deputy Chief Angelica Mendoza (who is subsequently demoted) raises a concern because she saw the original report and now sees the less serious report. Armstrong cuts her off and signs off on the less serious report.
May 2022: In Alameda County Superior Court, a witness in a murder conviction testifies that OPD Homicide Detective Phong Tran pressured and paid her for false testimony. DA O'Malley calls Armstrong to warn him that Tran faces bribery and perjury charges and that other convictions will likely be affected.
Armstrong puts Tran on paid administrative leave for two weeks and then restores Tran to duty with the same work, the same supervisor, and the same area of city.
April 2023: City is finally notified of Tran case, hires an independent law firm and refers the case to the independent Community Police Review Agency. Both reports have extremely adverse findings highlighting the decision to return Tran to work, reducing the seriousness of the charges, and the cover-up; 8 OPD officers, including 4 commanders are recommended for 6 month suspensions or termination for botched investigation of bribery and perjury charges against Tran. The entire senior leadership of OPD leaves.
Two men have murder convictions overturned. Innocence Project conducts an audit and more cases are investigated and appealed based on Tran’s involvement.
2023: Armstrong is placed on paid administrative leave during the Chung investigation. He publicly condemns and indicates an unwillingness to work with the Federal Monitor.
2023: Mayor Sheng Thao fires Armstrong. He is under investigation; had he not been fired would be facing a six month suspension for his part in the Tran case cover-up.
Darren Allison is again named acting chief. Darren Allison retires while under investigation for his part in the cover-up of the Detective Tran case.
May 2024: City hires Chief Floyd Mitchell. During the interview process, he states that he is ready to work with the Police Commission and hopes to bring oversight within the city so that federal NSA can end. Once hired, he explains that the current workforce is all new and thus, the problems leading to oversight are gone. He repeatedly minimizes the need to discipline officers for a broad range of offenses. He is hostile to the Police Commission, the Community Police Review Agency, and the Inspector General. At the first federal court conference, he is recalcitrant and combative with the federal judge. Soon, many observers conclude he is unprepared for the job.
One-year sustainability period: during which OPD must demonstrate sustained compliance with the Negotiated Settlement Agreement, engage in internal oversight, and cooperate with federal oversight. First period begins in June 2022 but OPD continues ongoing deficiencies in accountability, discipline, and resistance to reform. Judge does not expect there to be no problems or scandals, but needs to see OPD address problems properly without cover-ups.