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OP-ED: Cities That Ignore the Need for Police Reform Will Pay Dearly

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Bay area city governments cannot afford to ignore Oakland’s struggles with police reform. The Oakland Police Department is under the control of federal judge Thelton Henderson and his appointed monitor. Oakland refers to him as the “compliance director” rather than the “court-appointed receiver”. This arrangement, which features a stripped-down police chief, handcuffs Oakland’s ability to deliver effective Police services.

Oakland’s Police Department (OPD) is dysfunctional because of its own inaction and lack of accountability. In 2000, attorneys sued the city and individual police officers in the notorious “Riders” case, a group of Oakland police officers who terrorized West Oakland, under the guise of fighting crime. Oakland settled with the 119 plaintiffs for $11 million and agreed to implement 51 police reforms.

Regrettably, after 7 years of ignoring the reforms, the city paid $1 million a year to the court-appointed monitor who faithfully reported how the city failed to implement the reforms.

In 2010, the court appointed a receiver to run the department, taking control away from the city.

After spending more than $15 million to fight reforms, Oakland still won’t address a process to identify problem officers, internal investigations and eliminate racial profiling. The city would rather pay millions for police misconduct while no one is held accountable.

The lesson is: Implement basic control of the Police Department accountability and other simple reforms and funds are available to make citizens safer.

Talk about the inmates policing themselves. Oakland’s city auditor claims to investigate city mismanagement and the lack of performance, yet there has been no audit of the millions spent by OPD for a failed computer tracking system.

The OPD’s $200 million budget, nearly half of the city’s general budget, is a major drain because 92% of the police officers live outside the city.

Six reforms that can make a difference:

1) The city auditor should divert her resources from petty investigations and do a performance and budget audit of the Police Department and identify basic cost savings reforms that will put more officers on the street.

2) Oakland should hire civilians, instead of patrol officers, to investigate nonviolent crimes such as auto thefts and burglaries. 3) Establish civilian review of the Police Department, implement the internal investigation reforms, and eliminate the obscene current condition of more internal investigators than homicide investigators. 4) implement the remainder reforms so that the department is freed from federal jurisdiction and cost.

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5) Implement technology that will improve police services. Keep the shot tracker program in place. Yes, put cameras throughout the city of Oakland. This technology exposed the Rodney King beating, the Boston marathon bombers, freed a New Jersey driver, and the out-of-control Albuquerque Police Department. 6) The city should require every police car and officer to have cameras that records every citizen interaction.

Every city has to show the courage to implement reforms that run an efficient department and accountability of its officers. Money without reforms will not reduce crime.

Clinton Killian

Clinton Killian

Clinton Killian is an attorney at Oakland downtown Oakland law firm Fried & Williams LLP and former public official. He can be reached at ckillian@postnewsgroup.com.

Activism

California Pushes Back on Judge’s Decision to Outlaw State’s Ban on Assault Weapons

According to Statista Research Department, California had a total of 22 mass shootings  between 1982 and 2021.

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assault rifle courtesy sctimes

California Gov. Gavin Newsom and Attorney General Rob Bonta announced last week that the state has appealed a federal court’s decision that declared California’s ban on assault weapons unconstitutional.

Several state officials, including San Francisco Mayor London Breed, also shared their disagreement with the court’s ruling during a press conference held at the Zuckerberg San Francisco General Hospital. The state partnered with a number of gun control advocate groups for the event, including the Brady Center to Prevent Gun Violence and the Giffords Law Center.

“We can agree that the decision was disappointing,” said Bonta. “In many ways, the opinion was disturbing and troubling and a big concern, but we cannot be, and we are not, deterred by this,” he said.

Federal Judge Roger Thomas Benitez presided over the decision in Miller v. Bonta. The case was heard at the United States District Court for the Southern District of California.

Bonta said his office has appealed the decision, requesting that the U.S. Court of Appeals for the Ninth Circuit leave the current laws in effect for 30 days.

California’s gun laws are some of the strictest in the nation under the Roberti–Roos Assault Weapons Control Act of 1989 (AWCA) which bans the use of specific models of firearms classified as assault weapons.

In the pending court case Miller v. Bonta, James Miller, a lawyer who serves as a board member of the San Diego County Gun Owners, advocated for the use of the AR-15 rifle. However, the semiautomatic rifle with certain features is an illegal assault weapon according to California gun laws.

Miller argued that AR-15 rifles can be used for self-defense under the second amendment. Miller, who also serves on the Cajon Valley School Board, initially challenged former Attorney General Xavier Becerra on California’s criminalization of AR-15 rifles in April this year.

The ongoing case, which Bonta inherited, sparked heated debates about gun laws in the wake of increasing gun violence and mass shootings.

Breed recalled her personal experience with gun violence growing up in the Bay Area.

“We’re here at San Francisco General Hospital. I can’t tell you how many times I’ve been here after a friend that I grew up with was shot,” she said.

Breed was joined by Mattie Scott who lost her son to gun violence. The mayor grew up with Scott’s son who was killed in 1996 at a graduation party in San Francisco.

“We don’t want to see another person, another child lost to gun violence in this city in this state in this country,” said Breed.

“We’ve had a law on the books in the state for over 30 years, and a judge decides that our law is no longer constitutional. That law has saved countless numbers of lives,” she said.

According to Statista Research Department, California had a total of 22 mass shootings  between 1982 and 2021. In the court decision, Benitez compared the effectiveness of an AR-15 rifle to a Swiss Army Knife. Based on the federal court’s ruling, the semiautomatic machine gun is, “Good for both home and battle,” said Benitez.

“Like the Swiss Army Knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment,” the federal judge said in favor of Miller.

Although the murder of Scott’s son remains unsolved, she is an avid activist for social justice related to gun violence.

“The judge who issued this decision is wrong,” said Scott. “It is insulting to read his decision when he called the kind of weapon that killed my son akin to a pocketknife,” she said.

“Pocket knives don’t tear families apart. They don’t shoot up schools, churches, movie theaters, and street corners,” she said in reference to the recent mass shootings across the country.

Contrary Benitez’s belief that AR-15 rifles can be compared to pocket knives, trauma surgeon Dr. Andre Campbell said that the semiautomatic rifle is a lethal assault weapon designed for the battlefield.

“An AR-15 is a weapon of mass destruction. It is used in the battlefield to kill the enemy. It’s a gun that is used in warfare and should not be available or used in the streets of the United States,” said Campbell.

Campbell has treated many bullet wounds on the frontlines of trauma care for more than two decades and has witnessed the devastation a single bullet can cause to the human body.

“It is as if a bomb went off in the tissues of patients,” said Campbell describing the impact of an AR-15 bullet in patients he’s treated over the years.

Giffords Law Center Executive Director Robyn Thomas said that the federal judge’s decision to give civilians access to military-grade weapons sets California’s gun laws back by 32 years.

“The decision is not based on the correct interpretation of the law,” said Thomas.  “The comprehensive gun regulation which we have pioneered here in the state is protecting the lives of Californians. It is making us safer,” she said.

In its budget for 2021-22, the state has allocated $200 million for the California Violence Intervention and Prevention Grant Program. The investment was set up to prevent gun violence in high-risk communities statewide.

“Folks that wax on about public safety and (then) they sit back passively and say nothing about this outrageous decision. Shame on them. What frauds,” said Newsom.

The governor urged lawmakers to evaluate the absurdity of the court’s decision to justify the personal use of a rifle that is, “nothing more than a weapon of war,” he said.

The governor said that gun control has always been a bipartisan issue that helped California lawmakers enact, “progressive and aggressive,” gun safety laws that regulated the people’s right to bear arms for over three decades.

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Community

Ramachandran is the Only Candidate Who Lives in Oakland in the District 18 Assembly Race 

Oakland makes up 66% of Assembly District 18. Yet all the other major candidates live in Alameda or San Leandro. Our district has not had a representative from Oakland since the 1990s.

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Janani Ramachandran

Note: Janani Ramachandran is a social justice attorney. She has the sole endorsement of organizations rooted in Oakland, including ILWU, Oakland East Bay Democratic Club, Wellstone Democratic Renewal Club and Oakland Tenants Union. 

Oakland makes up 66% of Assembly District 18. Yet all the other major candidates live in Alameda or San Leandro. Our district has not had a representative from Oakland since the 1990s. Oakland deserves true representation in our Legislature, and here are some reasons why:

Howard Terminal

Look no further than the Howard Terminal to see the power that state legislation can have on local issues. Our most recent District 18 assembly member who lives in Alameda, facilitated the development of Howard Terminal by introducing AB 1191 and AB 734 – ultimately to benefit the billionaire Fisher family and their allies. By contrast, a legislator from Oakland would understand the disastrous consequences of the project for West Oakland residents, such as worsening air quality and stimulating rapid gentrification. 

A legislator from Oakland would also understand that such a project would threaten the job security of 85,000 workers at the Port of Oakland. As the only major candidate in this election publicly opposed to Howard Terminal, I promise to stand firmly by Oakland community groups in vocalizing my opposition to this project, and any others that prioritize billionaire interests over those of our neighbors.

OUSD Takeover

Oakland has been unable to run our own public schools since the deeply problematic state takeover of OUSD in 2003. This takeover, and the actions by the State-appointed administrator  in running up OUSD’s debt, led to the closure of many majority-Black public schools and the proliferation of charter schools (in fact, OUSD has the highest percentage of charter schools out of any school district in the state). 

Oakland deserves a legislator who will prioritize winning immediate return of full local control of our schools to our residents as soon as possible. It takes a genuine understanding of the hardship and trauma that the state takeover inflicted on our City to meaningfully fight for Oakland’s youth at the State Legislature – something that I unequivocally vow to do.

Tenant Protections

Tenants comprise over 60% of our city’s residents. Thanks to decades of local activism, Oakland has one of the strongest rent control ordinances in the state. However, our city’s hands are tied on many state laws that prevent tenants from being meaningfully protected. For example, the state law Costa Hawkins prevents Oakland from being able to expand rent control to units constructed after 1983 and to single-family homes. Having supported tenants facing eviction in Oakland in the course of my legal career – including during the pandemic –  I’m acutely aware of the need for stronger statewide tenant protections to support our city.

 For example, despite Oakland City Council passing a resolution calling upon the State Legislature to repeal the Ellis Act, or at least suspend these evictions during the pandemic, our legislature refused to act. As a tenant advocate who helped launch the coalition that spearheaded Ellis Act legislation, and as a tenant myself (if elected, I would be just 1 of 3 tenants, out of 120 state lawmakers), I would bring a tenants rights framework to our legislature to support the needs of Oakland tenants.

Gun Violence

Last year, nearly as many Black Oaklanders died from a gunfire as did from COVID-19. It isn’t enough to just say we need tougher statewide gun control laws – California already has some of the strongest in the country.

 Oakland deserves a state legislator who understands the root causes of this violence and the state action needed to address it – including more funding for community-based organizations that do meaningful prevention work, economic development and expanded career opportunities for our youth, and more broadly, treating gun violence as a public health crisis – all of which are pillars of my platform.

This special election, vote for the only Oakland candidate on the ballot, a person who will take action based on the needs of our city, and work towards achieving economic, educational, racial, and environmental justice. Learn more at www.jananiforca.com 

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Community

Legislative Summary from State Senator Nancy Skinner

I invite you to follow me on Twitter @NancySkinnerCA and Facebook and to visit my Senate website for regular updates on the status of my legislation and information on the state budget. It is a pleasure serving you in the state Senate.

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Sen. Nancy Skinner. Photo courtesy of Nancy Skinner.

Here’s a brief summary of the bills I introduced this year that are still moving through the legislative process. All so far were passed by the state Senate and are now on their way to the Assembly:

  • SB 8 Extends Housing Crisis Act of 2019: The Housing Crisis Act helped expedite housing that meets local rules by asking local governments to process permits faster and not change the rules midstream. SB 8 extends the sunset on the Housing Crisis Act until 2030.
  • SB 16 Coming Clean on Police Records: Thanks to my 2018 bill, SB 1421, Californians now have access to a limited set of police misconduct records. SB 16 expands access to records on officers who have engaged in biased or discriminatory behavior, unlawful arrests and searches, and excessive force.
  • SB 65 California Momnibus Act: California’s infant and maternal death rates, especially for families of color, persist at high rates. SB 65 expands pre- and postpartum services, such as doula care and financial support, to reduce death rates and ensures data is collected to understand what’s causing these disparities.
  • SB 65 California Momnibus Act: California’s infant and maternal death rates, especially for families of color, persist at high rates. SB 65 expands pre- and postpartum services, such as doula care and financial support, to reduce death rates and ensures data is collected to understand what’s causing these disparities.
  • SB 81 Judicial Guidelines for Sentencing Enhancements: California has over 160 enhancements that add time to a prison sentence over and above the time required for the crime committed. SB 81 establishes parameters for judges to determine whether a sentence enhancement is needed to help ensure that sentences are the length the judge believes is necessary to protect public safety.
  • SB 262 Bail Reform: I’m a joint author of SB 262 to reform CA’s bail system so no one is kept in jail simply because they can’t afford bail.
  • SB 290 Clarifying CA’s Density Bonus Law: Allows low-income student housing and for-sale low- and moderate-income housing to benefit from California’s Density Bonus law.
  • SB 354 Relative Placement: Reduces barriers that prevent children in foster care from being placed with relatives and extended family.

And great news, the funding to support my bill, SB 364, Free School Meals for All, was included in the Legislature’s budget proposal, which means millions of our K-12 students will get a free meal at school.

I invite you to follow me on Twitter @NancySkinnerCA and Facebook and to visit my Senate website for regular updates on the status of my legislation and information on the state budget. It is a pleasure serving you in the state Senate.

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