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Opinion: City Attorney Should Not Be Allowed to Undermine Police Commission

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By Larry White |Attorney
Oakland’s City Council is poised to enact an enabling ordinance that would fill in the gaps in Measure LL, which created the Oakland Police Commission and the Civilian Police Review Agency and that was approved by 83 percent of the city’s voters.Our new Police Commission is one of the strongest and most independent civilian oversight bodies in the country. The City Council will take a vote on July 10 that could affirm that independence—or undermine it.

The Coalition for Police Accountability drafted the original City Charter amendment and gave it to the City Council, which made changes and put it on the ballot in 2016.

Unfortunately, the messy process of amending the Charter—the back and forth of compromise and re-drafting the measures, as well as the influence of the police union—resulted in language wasn’t always crystal clear.
At least one important item was left out completely—a civilian Inspector General of the Police Department. Another matter was left murky: can the Commission have its own lawyer, or must its lawyer be under the thumb of the City Attorney?

Although Measure LL twice calls for a “non-City Attorney legal advisor,” City Attorney Barbara Parker says that another section of the Charter overrules the voters’ wishes and makes her the Commission’s legal advisor.
That’s a misreading of the Charter, which gives her office the right to represent the Commission in lawsuits against it but does not require the Commission to request legal advice from her.

Oakland’s Police Department has been under the supervision of a federal judge since 2003. In 2015, Judge Thelton Henderson commissioned attorney Edward Swanson to report on why so many Oakland police officers accused of misconduct were never punished.

Swanson found that the City usually lost the arbitrations that are police officers’ last step in discipline.  “Time and again, the City wrote checks to settle civil lawsuits arising out of police misconduct, only to see the City Attorney’s Office fail to uphold discipline for that very same misconduct,” he wrote.

The City Attorney’s office, Swanson charged, failed to prepare cases, delayed in assigning cases to outside counsel, didn’t select outside counsel with police discipline expertise, and failed to prosecute cases vigorously.
The City Attorney’s office didn’t get evidence ahead of time, rarely if ever called civilian witnesses, and didn’t use outside expert witnesses.

Swanson concluded that “the same problems arose again and again—vague policies, incomplete investigations, unprepared attorneys—with nothing done to ensure that the problems were corrected before they arose again.”

Since then, the City Attorney’s office, under intense scrutiny, has somewhat improved its performance. Swanson was still worried. Eventually, Court supervision will end. “The question, then, is how to make sure that when the Court and the key individuals in the City working on discipline have moved on, the discipline system will not revert to its former, ineffectual state,” wrote Swanson.

That was written before the November 2016 vote that created the Oakland Police Commission.  The Commission was designed by people who believed that the City of Oakland had failed for many years to effectively oversee the police and that none of the City’s existing institutions were capable of doing so.

The Commission’s sole mission is to oversee the Police Department, to promote constitutional policing that is free of racial bias and to make sure that police misconduct is punished effectively.

Court supervision, even if it lasts for another decade, is temporary. The Police Commission is here to stay.
The battle for effective civilian oversight goes on.

When the City Council considers approving an ordinance with a lawyer and an Inspector General reporting to the Police Commission, we hope they will heed the wish of the voters and make the Police Commission as independent and effective as it was designed to be.

The Council should also go one step further: put on this year’s ballot a clean-up to Measure LL that settles these matters once and for all.

Attorney Larry White is a member of the Oakland Coalition for Police Accountability.  He served as a Senior Staff Counsel for the California Department of Insurance from 1992 to 2013. His responsibilities included reviewing and commenting on dozens of pieces of legislation every year as well as drafting new legislation and regulations.
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Activism

Oakland Post: Week of April 17 – 23, 2024

The printed Weekly Edition of the Oakland Post: Week of April 17 – 23, 2024

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Activism

Oakland Schools Honor Fred Korematsu Day of Civil Liberties

Every Jan. 30, OUSD commemorates the legacy of Fred Korematsu, an Oakland native, a Castlemont High School graduate, and a national symbol of resistance, resilience, and justice. His defiant stand against racial injustice and his unwavering commitment to civil rights continue to inspire the local community and the nation. Tuesday was “Fred Korematsu Day of Civil Liberties and the Constitution” in the state of California and a growing number of states across the country.

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Fred Korematsu. Courtesy of OUSD.
Fred Korematsu. Courtesy of OUSD.

By Post Staff

Every Jan. 30, OUSD commemorates the legacy of Fred Korematsu, an Oakland native, a Castlemont High School graduate, and a national symbol of resistance, resilience, and justice.

His defiant stand against racial injustice and his unwavering commitment to civil rights continue to inspire the local community and the nation. Tuesday was “Fred Korematsu Day of Civil Liberties and the Constitution” in the state of California and a growing number of states across the country.
One OUSD school is named in his honor: Fred T. Korematsu Discovery Academy (KDA) elementary in East Oakland.

Several years ago, founding KDA Principal Charles Wilson, in a video interview with anti-hate organization “Not In Our Town,” said, “We chose the name Fred Korematsu because we really felt like the attributes that he showed in his work are things that the children need to learn … that common people can stand up and make differences in a large number of people’s lives.”

Fred Korematsu was born in Oakland on Jan. 30, 1919. His parents ran a floral nursery business, and his upbringing in Oakland shaped his worldview. His belief in the importance of standing up for your rights and the rights of others, regardless of race or background, was the foundation for his activism against racial prejudice and for the rights of Japanese Americans during World War II.

At the start of the war, Korematsu was turned away from enlisting in the National Guard and the Coast Guard because of his race. He trained as a welder, working at the docks in Oakland, but was fired after the bombing of Pearl Harbor in 1941. Fear and prejudice led to federal Executive Order 9066, which forced more than 120,000 Japanese Americans out of their homes and neighborhoods and into remote internment camps.

The 23-year-old Korematsu resisted the order. He underwent cosmetic surgery and assumed a false identity, choosing freedom over unjust imprisonment. His later arrest and conviction sparked a legal battle that would challenge the foundation of civil liberties in America.

Korematsu’s fight culminated in the Supreme Court’s initial ruling against him in 1944. He spent years in a Utah internment camp with his family, followed by time living in Salt Lake City where he was dogged by racism.

In 1976, President Gerald Ford overturned Executive Order 9066. Seven years later, the 9th Circuit Court of Appeals in San Francisco vacated Korematsu’s conviction. He said in court, “I would like to see the government admit that they were wrong and do something about it so this will never happen again to any American citizen of any race, creed, or color.”

Korematsu’s dedication and determination established him as a national icon of civil rights and social justice. He advocated for justice with Rosa Parks. In 1998, President Bill Clinton gave him the Presidential Medal of Freedom saying, “In the long history of our country’s constant search for justice, some names of ordinary citizens stand for millions of souls … To that distinguished list, today we add the name of Fred Korematsu.”

After Sept. 11, 2001, Korematsu spoke out against hatred and discrimination, saying what happened to Japanese Americans should not happen to people of Middle Eastern descent.
Korematsu’s roots in Oakland and his education in OUSD are a source of great pride for the city, according to the school district. His most famous quote, which is on the Korematsu elementary school mural, is as relevant now as ever, “If you have the feeling that something is wrong, don’t be afraid to speak up.”

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Bay Area

Port of Oakland Commission Votes to Change Oakland Airport to ‘San Francisco Bay Oakland International Airport’

The Port of Oakland Commission voted unanimously to change the name of Metropolitan Oakland International Airport to San Francisco Bay Oakland International Airport at a commission meeting Thursday afternoon. The Port initially announced the name change on March 29, claiming that the change will attract more passengers and enhance the airport’s visibility. They contend that the airport often gets neglected by the public’s lack of knowledge of Oakland’s proximity to San Francisco.

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Port of Oakland commissioners voted unanimously to change the name of the Metropolitan Oakland International Airport to San Francisco Bay Oakland Airport at Commission meeting on April 11.
Port of Oakland commissioners voted unanimously to change the name of the Metropolitan Oakland International Airport to San Francisco Bay Oakland Airport at Commission meeting on April 11.

By Magaly Muñoz

The Port of Oakland Commission voted unanimously to change the name of Metropolitan Oakland International Airport to San Francisco Bay Oakland International Airport at a commission meeting Thursday afternoon.

The Port initially announced the name change on March 29, claiming that the change will attract more passengers and enhance the airport’s visibility. They contend that the airport often gets neglected by the public’s lack of knowledge of Oakland’s proximity to San Francisco.

“We want people to know where Oakland is and how beautiful our city is. We want them to visit, we want them to spend their money, and we want to keep our money into our local economy,” Port Commission President Barbara Leslie said at the meeting.

The commissioners shared anecdotal experiences and research to explain how this new name change will elevate and add to the growth of Oakland, not take away from their Bay Area neighbors.

The Port claimed that local residents had been asking for more options in domestic and international flights, but in order to do that, outside travelers need to be aware of Oakland’s presence first.

Since the announcement of the new name, San Francisco leaders strongly opposed the suggestion for a change, the City Attorney going as far as threatening legal action.

SF City Attorney David Chiu announced Monday that his team sent a letter to the Port of Oakland, writing that if Oakland goes forward with the name change, the city will go forward with a lawsuit to prevent the use of their trademarked name.

San Francisco owns U.S. federal trademark registrations for the marks “San Francisco International Airport”, the letter says.

Chiu further claimed that the name change will only cause confusion and chaos for travelers who are used to seeing the San Francisco name in the SFO trademark.

“We want to see the entire Bay Area thrive as a tourist destination and expand our offerings to visitors, but this proposal is not a legal or practical way to go about it. If Oakland moves forward with this proposal, San Francisco will pursue legal action to prevent misuse of our trademark,” Chiu said.

SF Mayor London Breed joined Chiu’s letter, stating that Oakland does not need to add the internationally popular city to its brand in order to grow its services.

“[Oakland] is rich in culture and wonderful people and has its own unique identity. It does not need the name San Francisco as part of its airport to stand out,” Breed wrote.

The Port defended its proposed actions, saying that if the vote did go forward, they would “take all appropriate measures to defend its right to use this accurate geographic identifier.”

“The proposed name modification will clarify, not confuse. The new name identifies where OAK is actually located, which is on the San Francisco Bay,” a spokesperson said on behalf of the Port.

Support for the name change extends beyond the Port. Several regional leaders, airlines and community members have come out in support of the name change, including Oakland Mayor Sheng Thao.

“This adjustment isn’t just about signage—it’s about inviting travelers to discover all that Oakland and the region have to offer. From our local dining scene to unique shopping spots and cozy hotels, there’s something here for everyone. Let’s work together to ensure that Oakland Airport continues to serve as a welcoming gateway for visitors and a source of pride for our community,” Thao said.

Because of public outcry amongst residents and leaders in Oakland and San Francisco before and during the Commission meeting, the Board decided to extend the second reading for the proposed name change from the end of April to the first meeting in May. This decision will allow commissioners to connect with community groups and leaders over their concerns for the change.

The Port Commission is scheduled to hold a second reading of the proposed name change on May 9.

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