City Government
Attorneys Burris, Chanin Meet with Community to “Sustain” Police Accountability
Two leading local civil rights attorneys, John Burris and Jim Chanin, met this week with community members who belong to an Oakland police accountability coalition that is seeking ways to improve oversight of police and sustain reforms that have been achieved over the last 12 years while the Oakland Police Department has been under federal court supervision.
Burris and Chanin were two of the main lawyers who helped develop the Negotiated Settlement Agreement (NSA) with the federal court and the City of Oakland and have been involved in its implementation since the beginning.
The NSA is likely to begin winding down within the next year or so, the attorneys have said.
“There needs to be some accountability. Some kind of continued review has to occur,” said Burris, agreeing with community concerns that OPD could backslide once the department is no longer under court supervision.
“The number one issue is the racial profiling issue,” said Chanin. “That’s why we started the NSA to begin with. It was not clear at the beginning that this was the massive kind of systemic failure that it turned out to be – of an amazing and horrible nature,” he said.
“We thought it would never end, but now it’s clear that (the NSA) will end,” Chanin said. In the last few years, there has been significant progress, including a reduction in the number of officer involved shootings, he said.
In the past, he said, officers had resisted turning on lapel video recorders when making arrests, but now do so after they heard directly from commanders that they would face dire consequences if they fail to activate their recorders.
There are now early warning systems for police misconduct in place, said Burris, “But none of it works if you don’t do anything about it. Ultimately, what counts is the integrity of the people at the top,” he said.
Praising Burris and Chanin for making a “heroic” commitment to the people of Oakland, community members talked about their ongoing concerns about police accountability.
Attorney Yolanda Huang mentioned the persistent difficulties she faces when representing criminal defendants. “(Written) police reports are inaccurate to the point of wondering if they are falsehoods,” she said, also complaining of photo lineups, “which Oakland police do terribly.”
“We want effective public oversight, that is transparent,” said community activist Paula Hawthorne.
Before federal oversight ends, “There must be some structural change the city must commit to,” said Rashidah Grinage of People United for a Better Life in Oakland (PUEBLO).
“At some point, the city will petition the judge to vacate this judgment,” Grinage said. At that point, the court needs to say, “The city is not in full compliance until it has made a commitment to assure that the compliance will be sustainable and ongoing,” enacting something like an independent police oversight commission, she said.
Chanin said that he was surprised when he and Burris were originally picked to be involved in the NSA.
“They limited our salary to $5,000 a year for the first five years. I believe they thought we would not actually go through with it,” he said, pointing out that he would receive $5,000 for his fee in January and then work February through December for free.
The Negotiated Settlement Agreement can be traced back to the Allen v. City of Oakland federal civil lawsuit, which began in December 2000 when Chanin, Julie Houk and Burris became involved in what they saw as a pattern of civil rights abuses by members of OPD in what became known as the “Riders” scandal.
Eventually, 119 individual plaintiffs, almost all African American, joined the lawsuit. Their claims involved many constitutional violations, including false arrests, unreasonable seizures, false imprisonments, the planting of evidence, excessive use of force, falsification of police reports, racially biased policing and kidnapping.
Criminal cases were brought by the District Attorney’s Office, but many of these cases were dismissed or overturned.
The plaintiffs in the lawsuit settled with the city for $10.5 million. The city also agreed to enact and implement institutional reforms by means of a non-monetary settlement agreement, the NSA, to prevent the recurrence of the civil rights violations that gave rise to this litigation and to bring OPD in line with professional policing practices.
The NSA was the product of more than a year of negotiations between plaintiffs, the city and OPD. The NSA became a federal court order in January 2003.
Bay Area
Homelessness Committee and Advocates Urge City to Stop Confiscating Unhoused People’s Belongings
Encampment sweeps are not a new method of action to evict people from living and sleeping on the streets in San Francisco. However, recent reports indicate that city staff are not following proper policy, exacerbating the problems for unhoused people. Homeless advocates and allies held a press conference on Thursday at City Hall, condemning staff workers for destroying people’s property during encampment evictions and asking officials to ensure that important documents and medication are not being stripped from these individuals.
By Magaly Muñoz
Encampment sweeps are not a new method of action to evict people from living and sleeping on the streets in San Francisco. However, recent reports indicate that city staff are not following proper policy, exacerbating the problems for unhoused people.
Homeless advocates and allies held a press conference on Thursday at City Hall, condemning staff workers for destroying people’s property during encampment evictions and asking officials to ensure that important documents and medication are not being stripped from these individuals.
“By destroying the very items that could help people regain stability, the city is not just punishing people for being poor, but actively making it harder for them to escape homelessness,” Jennifer Friedenbach, executive director of the Coalition on Homelessness, said.
Friedenbach criticized the city for not fixing their housing problem or finding new ways to shelter people, instead they are further adding to the harm of the “humanitarian crisis that San Francisco is facing.”
The press conference was held before the monthly Homelessness Oversight Commission (HOC) meeting, where commissioners discussed a draft resolution to submit to city staff highlighting the importance of not separating people from their items as this might cause further distress.
The resolution lists ssential items that workers should be cautious of not destroying or throwing away including medical documents and medication, work permits, identification, and survival gear, such as blankets or tents.
City policy instructs workers to “bag and tag” items left behind after an encampment sweep. These items are labeled by Public Works and kept at their operations yard for 90 days before being discarded.
But according to several reports and videos of the sweeps, the city has not always followed this policy and has on numerous occasions thrown away people’s medications or tents, leaving individuals without their essentials.
During the meeting, commissioners suggested adding school records and family related support items, such as diapers, to the resolution because of the increasing number of families living on the streets.
Virginia Taylor, senior policy advisor for Safe & Sound, said 531 families are waiting for housing in San Francisco. Many of these families are living out of their cars or in RVs, yet the city has limited safe parking spots where people can situate themselves.
Along with not throwing out people’s belongings, advocates are also continuing to ask the city to stop the encampment sweeps because all they are accomplishing is moving unhoused folks block to block without solving the root problem of lack of consistent housing.
“We need urgent action, more family shelter beds, a stop to vehicle sweeps, expanded safe parking programs and housing solutions that keep our multi-generational families together. Our children’s futures depend on it. Let’s build a San Francisco where no family falls through the crack and every child has the opportunity to thrive,” Taylor said.
Speakers referenced the RV sweep conducted in early August on Zoo Road, where dozens of people, many of them non-English speaking immigrants, were asked to leave the parking lot or else their vehicles would be towed and they would be cited.
While people were offered shelter beds or housing vouchers, some worried about where they would stay while the city processed their applications. This drew criticism of San Francisco’s method of not always having immediate options for people yet continuing to sweep unhoused folks with nowhere to go.
Commissioners of HOC agreed that the city is not trying to exacerbate the issue and the resolution is one of many steps to ensure that there are no setbacks in the progress to ending homelessness in San Francisco.
The HOC will approve the resolution at a later meeting once amendments and changes are made.
Bay Area
Mayor Sheng Thao Issues Executive Order to Shut Down Homeless Encampments
Oakland Mayor Sheng Thao issued an executive order on Monday directing all city departments to enforce the 2020 encampment management policy and begin a much more diligent approach to homeless encampment sweeping. “Being homeless is not a crime in Oakland, but it doesn’t give the right to break other laws,” Thao said in a video statement.
The order comes months after the U.S. Supreme Court’s Grants Pass v Johnson decision to allow local municipalities the right to close encampments even if no shelter is available.
By Magaly Muñoz
Oakland Mayor Sheng Thao issued an executive order on Monday directing all city departments to enforce the 2020 encampment management policy and begin a much more diligent approach to homeless encampment sweeping.
“Being homeless is not a crime in Oakland, but it doesn’t give the right to break other laws,” Thao said in a video statement.
The order comes months after the U.S. Supreme Court’s Grants Pass v Johnson decision to allow local municipalities the right to close encampments even if no shelter is available.
The encampment policy prohibits camps in “high sensitivity areas” such as schools, businesses, walkways, recreational centers, and parks.
Thao said that prioritizing which camps will close down immediately will come down to where they are located, such as the high sensitivity areas, and the public safety concerns the camps attract, such as fires, violent crimes, and illegal dumping.
Oakland joins other California cities, including their Bay Area neighbors San Francisco and Berkeley, in a calculated approach to cracking down on the homelessness crisis.
San Francisco Mayor London Breed has been vocal in her decision to increase sweeping and get people off of the streets, which many have criticized as a political ploy as she seeks reelection this fall.
Thao followed up her executive order with another video Tuesday afternoon, where she and Assistant City Administrator Harold Duffey walked through the Martin Luther King Way encampment, stating the city recently cleared out 40 tons of debris from the littered area.
The city began clearing out the encampment early last week with some reports saying that staff threw away people’s personal belongings, including a wheelchair.
The mayor’s office did not respond for comment at the time of publication.
About 40 people were living in the camp, according to the City. Sixteen people received shelter, nine enrolled in a county medical respite program, and 12 individuals declined offers of shelter and self-relocated. An individual with two broken legs was also taken to the hospital.
In the video, Duffey explained that two weeks prior to an encampment closure, outreach teams are asked to visit the site and pair people with services and offer temporary housing.
Although there are offers of shelter being made at sweeps, Thao’s executive order states that in no way will “emergency or urgent closures be delayed for shelter unavailability,” meaning sites can be closed down and people will have to disperse even if they have nowhere else to go.
Duffey clarified that although workers cleared out a massive amount of debris from the MLK site, the city is aware that the illegal dumping is often coming from individuals targeting encampments to litter the area because it’s easier to place blame on the people already living there.
Thao shared her experience of homelessness in both video statements, saying she lived in her car with her son after she escaped an abusive relationship. She added that she never once thought about “pitching a tent on the streets.”
Advocates are upset at the recent order, arguing it will exacerbate the harm to unhoused Oaklanders.
Talya Husbands-Hankin, founder of Love and Justice in the Streets, said the order will force these vulnerable residents into unsafe conditions because of the failure to provide permanent housing. She added that this action is aligning itself with values of a Trump-appointed Supreme Court and is “contrary to the values of justice and equity that Oaklanders want to uphold.”
“We know that sweeps are not the answer, and we urge Mayor Thao to redirect all resources into immediately opening public land for community-led solutions and funding permanent housing to uplift human rights for all Oakland residents,” Husbands-Hankin said.
Bay Area
Alameda County Supervisors Keith Carson and Nate Miley Endorse Dana Lang for BART Board District 7
Alameda County Supervisors Nate Miley and Keith Carson have announced their support for Dana Lang for the BART Board District 7 Seat. These supervisors say that Lang has been a behind-the-scenes force in transportation funding for many years and can help BART manage its financial challenges.
By Oakland Post Staff
Alameda County Supervisors Nate Miley and Keith Carson have announced their support for Dana Lang for the BART Board District 7 Seat.
These supervisors say that Lang has been a behind-the-scenes force in transportation funding for many years and can help BART manage its financial challenges.
Supervisor Nate Miley acknowledges that, “At a time when BART is facing a “fiscal cliff” and an upcoming deficit of nearly $360 million per year, Dana is the person for the job. As a transportation leader, Dana Lang is exactly ready to meet this moment.”
Over the past 24 years, Lang has been a funding and grants specialist with several municipal transportation agencies, including the Metropolitan Transportation Commission, San Francisco Muni, San Francisco Police Department and San Francisco International Airport (SFO).
Dana Lang says, “I’ve faced a number of fiscal crises in my career — such as securing $52 million in new transit security funding for SFMTA (Muni) during the 2008 Great Recession, when others thought it was not possible. I have always managed to identify new funding and ways to make transit more secure. Facing a crisis is the best time to act, through advocacy and policy setting. We’ve got to keep BART running and make it safer and more vibrant in order to meet the needs of our riders, our work force, and our community.”
Lang grew up in the low-income minority community of East Palo Alto and knew that locating grants and resources could positively impact an entire city and its surrounding region — helping to create and retain agency jobs, getting riders to their workplaces, and encouraging small business development near transit hubs. With that in mind, she pursued a bachelor’s degree in economics from Wellesley College, then an MBA from Cal Berkeley Haas School of Business.
She started her municipal career as a policy advisor to Mayor Elihu Harris and helped secure grants for the City of Oakland before moving to the Metropolitan Transportation Commission. During her 24-year career she has helped secure hundreds of millions of dollars for Bay Area transit agencies and municipalities. In addition to BART’s financial health, Lang’s priorities for BART also include safety, cleanliness, station vitality and bringing riders back to BART.
She has served on the BART Police Civilian Review Board since 2022.
Lang is also endorsed by BART Board Director Robert Raburn, former BART Board Director Carole Ward Allen, Oakland City Attorney Barbara Parker, former Oakland Mayor Elihu Harris, former San Francisco Mayor Willie L. Brown, Oakland Councilperson Janani Ramachandran, Alameda Councilperson Tracy Jensen, Oakland Chinatown leader Carl Chan, and many others.
Lang is seeking the BART Board District 7 Seat, which covers most of the East Bay, including Oakland, Alameda, Emeryville, Piedmont, and a small portion of Berkeley. The district also includes Bay View Hunters Point and Treasure Island in San Francisco.
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