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Independent Monitor Says Police Department is Backsliding

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Robert Warshaw

Mayor Jean Quan

Police Chief Howard Jordan

Judge Thelton Henderson

By Ken A. Epstein

The Oakland Police Department’s performance is “unacceptable” and shifting “from stagnation to decline” on several key federal court-ordered reforms – especially failing to remedy commanders’ insufficient oversight of officers’ use of force, according to a new quarterly report issued by independent police monitor Robert Warshaw.
“A common thread that again runs through many of the (reforms) that have not yet achieved compliance levels deals with critical supervisory and investigative tasks,” said Warshaw in the Jan. 30 report, the 12th quarterly update he has produced.
The failures are related to the responsibility of officers “to report misconduct by other officers” and the ability of supervisors “to critically evaluate the use of force by the officers they supervise,” Warshaw wrote.
The monitor’s oversight is part of the legal resolution of the Riders Scandal, an ongoing civil rights lawsuit in Federal District Court regarding police misconduct in Oakland, overseen by Judge Thelton Henderson. In 2003, the city entered into a settlement requiring OPD to comply with a series of reforms, which remain uncompleted.
“While we respectfully disagree or hold concerns with some of the methodologies and findings of the monitor’s report, we have already made progress discussing them with Monitor Warshaw,” said Police Chief Howard Jordan. “We plan to continue working through our concerns with his team in February, and we look forward to doing that work together.”
Looking at the failure of commanders to properly supervise during the Occupy Oakland protests and arrests, the monitor found that none of seven cases included “an analysis of the accountability of any supervisor above the rank of sergeant, leading us to question where the other officers, supervisor, or commanders were while the sustained misconduct occurred,” he said.
“The investigation did not include any review of the demonstration response planning by OPD command,” Warshaw wrote.
The report also cited  four other investigations that did not “sufficiently or completely analyze the role of the supervisor involved – the improper detention of a subject and (sustained) allegation of racial profiling; a vehicle pursuit where the officer intentionally struck the subject; the use of a canine where improper commands were given; and the use of a force in striking a mental patient.”
“In each of these cases, OPD did not sufficiently analyze the role of the supervisor in the misconduct. It was not until each of the four cases made it to the Force Review Board that the Chief of Police identified the supervisors’ misconduct.”
The reforms, “which are not now in compliance … address issues at the very core of Constitutional policing…. One thing should be clear from the long history of this agreement: stagnation – and, now, decline – will not diminish the court’s expectation, or the monitor’s resolve that the department live up to the terms of the agreement,” Warshaw wrote.
Mayor Jean Quan in a statement Thursday pointed to disciplinary action against a number of officers in Occupy-related cases as a sign of progress.
She said those actions proved the city was serious about curbing police misconduct. “That’s a much stronger story,” said Quan, who added that her goal was to have the department emerge from court oversight within a year.
City officials also say they look forward to the appointment of a court-appointed compliance director who will have wide authority over OPD.
“The compliance director is not yet in place, but we expect that to happen soon,” said Chief Jordan. “The administration and the plaintiffs’ attorneys submitted nominations for candidates to that role on January 11, as directed by the court. We await Judge Henderson’s decision and are pleased to be moving forward.”

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Arts and Culture

Rise East Project: Part 3

Between 1990 and 2020, Oakland lost nearly half of its Black population due to economic and social forces. East Oakland, once a middle-class community, is now home to mostly Black families living in poverty.

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CEO of Black Culture Zone Carolyn Johnson, a native from Deep East Oakland is making the change she wishes to see in her community and in her people. Black Culture Zone has created a power base of Black folks making a difference in Deep East Oakland. Photo by Kumi Rauf.
CEO of Black Culture Zone Carolyn Johnson, a native from Deep East Oakland is making the change she wishes to see in her community and in her people. Black Culture Zone has created a power base of Black folks making a difference in Deep East Oakland. Photo by Kumi Rauf.

The Black Cultural Zone’s Pivotal Role in Rebuilding Oakland’s Black Community

By Tanya Dennis

 

Between 1990 and 2020, Oakland lost nearly half of its Black population due to economic and social forces.  East Oakland, once a middle-class community, is now home to mostly Black families living in poverty.

 

In 2021, 314 Oakland residents died from COVID-19.  More than 100 of them, or about 33.8%, were Black, a high rate of death as Blacks constitute only 22.8% of Oakland’s population.

 

This troubling fact did not go unnoticed by City and County agencies, and the public-at-large, ultimately leading to the development of several community organizations determined to combat what many deemed an existential threat to Oakland’s African American residents.

 

Eastside Arts Alliance had already proposed that a Black Cultural Zone be established in Deep East Oakland in 2010, but 2020’s COVID-19 pandemic galvanized the community.

 

Demanding Black legacy preservation, the Black Cultural Zone (BCZ) called for East Oakland to be made an “unapologetically Black” business, commercial, economic development community.

 

Established initially as a welcoming space for Black art and culture, BCZ emerged into a a community development collective, and acquired the Eastmont police substation in Eastmont Town Center from the City of Oakland in 2020.

 

Once there, BCZ immediately began combating the COVID-19 pandemic with drive-thru PPE distribution and food giveaways. BCZ’s Akoma Market program allowed businesses to sell their products and wares safely in a COVID-compliant space during the COVID-19 shutdown.

 

Currently, Akoma Market is operated twice a month at 73rd and Foothill Boulevard and Akoma vendors ‘pop up’ throughout the state at festivals and community-centered events like health fairs.

 

“Before BCZ existed, East Oakland was a very depressing place to live,” said Ari Curry, BCZ’s chief experience officer and a resident of East Oakland. “There was a sense of hopelessness and not being seen. BCZ allows us to be seen by bringing in the best of our culture and positive change into some of our most depressed areas.”

 

The culture zone innovates, incubates, informs, and elevates the Black community and centers it in arts and culture, Curry went on.

 

“With the mission to center ourselves unapologetically in arts, culture, and economics, BCZ allows us to design, resource, and build on collective power within our community for transformation,” Curry concluded.

 

As a part of Oakland Thrives, another community collective, BCZ began working to secure $100 million to develop a ‘40 by 40’ block area that runs from Seminary Avenue to the Oakland-San Leandro border and from MacArthur Boulevard to the Bay.

The project would come to be known as Rise East.

 

Carolyn Johnson, CEO of BCZ says, “Our mission is to build a vibrant legacy where we thrive economically, anchored in Black art and commerce. The power to do this is being realized with the Rise East Project.

 

“With collective power, we are pushing for good health and self-determination, which is true freedom,” Johnson says. “BCZ’s purpose is to innovate, to change something already established; to incubate, optimizing growth and development, and boost businesses’ economic growth with our programs; we inform as we serve as a trusted source of information for resources to help people; and most important, we elevate, promoting and boosting Black folks up higher with the services we deliver with excellence.

 

“Rise East powers our work in economics, Black health, education, and power building. Rise East is the way to get people to focus on what BCZ has been doing. The funding for the 40 by 40 Rise East project is funding the Black Culture Zone,” Johnson said.

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Alameda County

Help Protect D.A. Pamela Price’s Victory

Alameda County District Attorney Pamela Price is asking supporters of the justice reform agenda that led her to victory last November to come to a Town Hall on public safety at Montclair Presbyterian Church on July 27.

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D.A. Pamela Price
D.A. Pamela Price

By Post Staff

 

Alameda County District Attorney Pamela Price is asking supporters of the justice reform agenda that led her to victory last November to come to a Town Hall on public safety at Montclair Presbyterian Church on July 27.

Price is facing a possible recall election just six months into her term by civic and business interests, some of whom will be at the in-person meeting from 6:00-9:00 p.m. at 5701 Thornhill Dr. in Oakland.

“We know that opponents of criminal justice reform plan to attend this meeting and use it as a forum against the policies that Alameda County voters mandated DA Price to deliver. We cannot let them succeed,” her campaign team’s email appeal said.

“That’s why I’m asking you to join us at the town hall,” the email continued.  “We need to show up in force and make sure that our voices are heard.”

Price’s campaign is also seeking donations to fight the effort to have her recalled.

Her history-making election as the first African American woman to hold the office had been a surprise to insiders who had expected that Terry Wiley, who served as assistant district attorney under outgoing D.A. Nancy O’Malley, would win.

Price campaigned as a progressive, making it clear to voters that she wanted to curb both pretrial detention and life-without-parole sentences among other things. She won, taking 53% of the vote.

Almost immediately, Price was challenged by some media outlets as well as business and civic groups who alleged, as she began to fulfill those campaign promises, that she was soft on crime.

On July 11, the recall committee called Save Alameda for Everyone (S.A.F.E.) filed paperwork with the county elections office to begin raising money for the next step toward Price’s ouster: gathering signatures of at least 10% of the electorate.

S.A.F.E. has its work cut out for them, but Price needs to be prepared to fight them to keep her office.

In a separate sponsored letter to voters, Price supporters wrote:

“We know that you supported DA Price because you believe in her vision for a more just and equitable Alameda County. We hope you share our belief that our criminal justice system has to be fair to everyone, regardless of their race, gender, ethnicity, religion, or socioeconomic status.

“The Republican-endorsed effort is a blatant attempt to overturn the will of the voters and a waste of time and money. It is an attempt to silence the voices of those who want real justice. We cannot let these election deniers succeed.

Will you make a donation today to help us protect the win?

“Please watch this video and share it with your friends and family. We need to stand up to the sore losers and protect the win. Together, we can continue to make Alameda County a more just, safe and equitable place for everyone.”

For more information, go to the website: pamelaprice4da.com
or send an e-mail to info@pamelaprice4da.com

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Bay Area

Oakland Teachers Walk Out

After negotiating late into the night and months of fruitless bargaining with the Oakland Unified School District, Oakland teachers went out on strike Thursday morning. “Our (50-member) bargaining team has been working for seven months working, making meaningful proposals that will strengthen our schools for our students,” said Oakland Education Association (OEA) Interim President Ismael “Ish” Armendariz, speaking at press conference Monday afternoon.

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Gearing up for this week's strike, Oakland parents, students, educators and families at United for Success Academy held a press conference April 28 to explain why they are standing together for a safer building and stable and racially justified schools. Photo courtesy of Oakland Education Association.
Gearing up for this week's strike, Oakland parents, students, educators and families at United for Success Academy held a press conference April 28 to explain why they are standing together for a safer building and stable and racially justified schools. Photo courtesy of Oakland Education Association.

OEA calls unfair labor practices strike after 7 months of negotiations.

By Ken Epstein

After negotiating late into the night and months of fruitless bargaining with the Oakland Unified School District, Oakland teachers went out on strike Thursday morning.

“Our (50-member) bargaining team has been working for seven months working, making meaningful proposals that will strengthen our schools for our students,” said Oakland Education Association (OEA) Interim President Ismael “Ish” Armendariz, speaking at press conference Monday afternoon.

“OUSD has repeatedly canceled bargaining sessions, has failed to offer meaningful proposals or counterproposals at a majority of the bargaining sessions and has repeatedly failed to discuss certain items,” Armendariz said.

“The days (of bargaining) have been long, and after hours of waiting, the superintendent finally showed up on Sunday night at 11:00 p.m.to meet with our team (for the first time),” he said. “(But) the district continues to come to the table unprepared, and this is unacceptable.”

“This is illegal, and OEA has filed an Unfair Labor Practice charge with the state Public Employment Relations Board (PERB). Under California law, OEA has a right to strike over unfair labor practices,” he said.

OEA represents 3,000 teachers, counselors, psychologists, speech pathologists, early childhood educators, nurses, adult education instructors and substitute teachers, serving 35,000 Oakland public school students. Other labor groups representing school employees include SEIU 1021 and construction unions.

In a press statement released on Tuesday, OUSD said it has been trying to avert a strike.

“The district will remain ready to meet with the teachers’ union at any time and looks forward to continuing our efforts to reach an agreement with OEA … We will continue to do everything possible to avoid a work stoppage.”

“Our children’s education does not need to be interrupted by negotiations with our union, especially given the major offer the District made on Monday,” other district press statements said. “We are committed to continuing to work with our labor leaders to discuss their salaries and support services for our students without the need for a strike.

OUSD’s latest salary proposal, released this week, includes a 10% raise retroactive to Nov. 1, 2022, and a $5,000, one-time payment to all members.

OEA’s recent salary proposal asked for a 10% retroactive raise to all members, a one-time $10,000 payment to members who return for the 2023-2024 school year, and increases from $7,500 to $10,000 to salaries, based on years of experience.

In addition to pay demands, OEA is making “common good” proposals that serve families and the community, including protecting and enhancing special education programs, putting the brakes on closing schools in flatland neighborhoods, shared school leadership, safety, and support for students.

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