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8/11/2019 Attachments - Kalb - 5505

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June 23, 2014

Via E-Mail

Oakland City CouncilPublic Safety CommitteeChair Person Noel GalloCouncil Members Dan Kalb,Lynette Gibson-McElhaney,Libby Schaaf

Re: Public Safety Ballot MeasureDraft Resolution Language,June 24, 2014, Agenda Item 3

Dear Public Safety Committee Members:

Make Oakland Better Now! is a citizens advocacy group focused on improving public safety,transparency, accountability and budget reform in the City of Oakland. We write today topropose alternatives to staffs draft resolution language. Together with this letter, we areproviding you with two documents: a red-lined document showing changes we are proposing

to Part 1, Sections 1 through 4 of the staffs document, and a clean version of the samedocument. This document, and our proposals, have been discussed extensively withrepresentatives of the City Administrators office, Department of Human Services andOakland Police Department command staff.

Our guiding principles, and key proposed changes, are as follows:

1. Baseline sworn personnel requirement (Part 11, Section 3, subpart (C) (2) (a)-(c)): Inan environment where the Mayor, City Council and more than 75% of likely votersbelieve we need more police officers, the sworn staffing component of the ballotmeasure must be demonstrably, irrefutably real, and not illusory. Our proposalassures voters that if they agree to renew their parcel tax obligation, their money will

buy them 50 more sworn police than the City could otherwise provide. And unlikeMeasure Y, this measure will provide actual officers, not just budgeted FTEs. Withcertain defined exceptions, our proposal prohibits collection of the taxes if the staffingrequirement is not met by July 1, 2016.

2. Limited, well-defined exemptions from the baseline requirement (Part 1, Section 3,subpart (C) (2)(e)): We are mindful that a significant number of the Citys officers are

1All of our proposed changes are to Part 1 of staffs proposal.

e-mail: [email protected] site: www.makeoaklandbetternow.orgblog: www.oaktalk.com
mailto:[email protected]:[email protected]://www.makeoaklandbetternow.org/http://www.makeoaklandbetternow.org/http://www.oaktalk.com/http://www.oaktalk.com/http://www.oaktalk.com/http://www.oaktalk.com/http://www.makeoaklandbetternow.org/mailto:[email protected]


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Oakland City CouncilPublic Safety CommitteeJune 23, 2014Re: Public Safety Ballot Measure

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funded by grant funds outside the general purpose fund, and that there is no guarantythat grant funding will continue. Furthermore, we well remember the GreatRecessions impact on the Citys budget, and we understand the concept of thebusiness cycle. However, staffs proposed answer to these issues limits the baselineto GPF-funded staff, and allows an out from the baseline requirement if staff providesa public report. This is an easy requirement and places no obligations on the CityCouncil if it chooses to collect the tax without meeting the police baseline.

Our proposal recognizes that there will always be competing priorities for City funds.If grant funding vanishes, or the economy collapses, the City Council may choose toresolve that competition in favor of a spending priority other than meeting the baselinepolice staffing requirement. If it makes that choice and still wishes to collect the taxes,

our proposal requires Council to make a specific factual finding that despite thereduction in staffing, it is still making the choice least harmful to public safety.

Finally in this regard, our proposal recognizes that the City may do everything right interms of recruiting, training and attrition reduction but still come up short forunexpected and unpredictable reasons. Our proposal requires a realistic hiring plan(Subpart (C)(2)(d)) and allows a limited, one-year only exception for such acircumstance.

3. Emphasis on Operation Ceasefire: We have been repeatedly told that OperationCeasefire is Oaklands key strategy for reducing gun violence. Most persons involvedagree that case management and data analysis for Ceasefire are underfunded.

Program management is being funded by a grant that will soon expire. While weunderstand the logic that specific programs and strategies should not be baked intothe ballot measure, we believe it is important that for the present, ballot measurefunds be available to ensure that this key strategy is fully funded. We haveaddressed this at Section 3, subparts (C)(1)(e) and (C)(3)(a).

4. Upgrade qualifications and responsibilities of Public Safety and Services ViolencePrevention Commission: Our proposal increases the targeted number of commissionmembers with law enforcement or criminal justice backgrounds and provides formembers with professional experience in evaluation and research (Section 4,subparts (A)(1) and (A)(3). It takes more steps to ensure interaction and collaborationbetween Council, the Commission, police command staff and other departments and

commissions involved in the violence prevention effort. (Section 4, subparts (A)(4)and (6)(a), (b),(e), (f) and (g). It beefs up the oversight requirements (Section 4,subpart (B)(1). And it adds a conflict of interest provision similar to that applied to theOFCY Oversight committee.

As the members of the Public Safety Committee surely understand, Oakland will need farmore than this ballot measure to address its ongoing public safety crisis. As we havediscussed with you, and with Council in the past, we continue to need a comprehensivepublic safety plan, a resource allocation study and a solution to the intractable issue of court


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Oakland City CouncilPublic Safety CommitteeJune 23, 2014Re: Public Safety Ballot Measure

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supervision of the OPD. Budget challenges will likely continue to impact the citys publicsafety effort for years to come.

But while this ballot measure cannot come close to solving all public safety problems, placingour recommended measure on the ballot is one firm, committed step in the right direction. Itprovides a baseline number of police officers without punishing the City for unforeseeableeconomic hardships beyond the Citys control. It focuses programmatic expenditures onCeasefire and on other proven strategies, while requiring an increased emphasis onaccountability and metrics. It increases coordination among all elements in the City involvedin our public safety effort.

While we have had insufficient time to vet our proposal in the community (staffs proposal,

which we modified, was only released to the public on June 12) we are hopeful that thisproposal can obtain the support of neighborhood groups, nonprofit stakeholders, thebusiness community and police and fire representatives.

We look forward to engaging you on this at Tuesdays meeting.

Thank you.

Sincerely,

Bruce NyeBoard ChairMake Oakland Better Now!


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Overview

You have recommended language from staff proposing a renewal of Measure Y. This

language includes a detailed staff report. In addition, since the proposed language

was released you have received at least three sets of proposed changes from threedifferent groups: OCO, Youth Alive and MOBN. These changes reflect the interests

and concerns of constituencies well beyond these three groups.

The following recommends the course you should chart with respect to these

proposed changes.

Big Picture

The best renewal measure will balance the interests of the many groups across

Oakland who have an interest in the way the City approaches public safety while at

the same time remaining simple, clear and honest for voters. It is in that spirit thatthe following recommendations are made.

In addition, you need to FOCUS on this measure and what it means for Oakland

voters. It, not the myriad other distractions, is the single most important public

safety related issue you will face between now and the November, 2014 election.

Proposed Course of Action

Staff will need you to sift through the proposed language and revisions and provide

them with policy recommendations about what to bring back to the full council on

July 15. Put another way, as a committee, you need to make recommendations onthese proposed changes to staff with the request that they revise their proposed

language and bring back the revised language to your full council on its July 15

docket.

Recommended Edits

Make Oakland Better Now (MOBN)

MOBN presented redline edits to the ballot measure language. The following is a

recommendation on each general category. Again the process is to direct staff to

accomplish these edits in consultation with the community groups and presentthe complete edited version to full city council in advance of its July 15 meeting.

-

Accept strengthening Ceasefire language at 1(e).- Discuss and accept some version (perhaps altered by dialogue at

the committee hearing) of minimum staffing (2(a)-(e)) and be

sure include the three safe harbor provisions at 2(e)i,ii and iii.


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-

Strike reference to operation ceasefire in 3(a). Instead

describe a strengthening of the program-side activities thatsupport ceasefire without naming ceasefire.

- Accept proposed changes to Oversight Commission with the

following exceptions:

o Part 6 (of redline) (b)eliminate the word collaborate. This

is an oversight commission, it should be overseeing, notcollaborating.

o Part 6 (of redline) (f) insert at least before every three

years.

Oakland Community Organizations (OCO)

OCO offered a one-page description of edits to the Oversight Commission. Their

write-up has four paragraphs which will be tracked in the followingrecommendation:

- Paragraph 1: Accept and integrate additional language about the

kind of expertise the oversight commissioners must have. Stay at

a minimum of 9 members on the oversight commission (OCOrecommends 5-7). Do not accept proposed changes to the way

that members are appointed.

- Paragraph 2: Accept this language, with one caveat: thecommission shall work with the City through its RFP process to

select the third party evaluator for program only. The financial

audit shall remain the same (an audit is an audit)- Paragraphs 3 and 4: At least every 36 months, not every 24

months. Otherwise accept this language but reconcile with

MOBN edits and with what is realistic for the City departments.

Youth Alive

Youth Alive offered two edits, but has withdrawn the first edit, so the following is

the recommendation on that sole edit.

- Suggested edit: strike 3(d) Coordination of public systems

(including law enforcement) and community based social servicethrough sharing of resources, joint training and multi-

disciplinary case reviews.

- Proposed Approach: Direct staff to evaluate the Youth Alive

change and revise the next version in a manner that reflects the

result of discussion with key stakeholders on this issue


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Conclusion

Tonight the public safety committee has a chance to move an improved ballot

measure to the full city council on July 15. If navigated properly can allow for the

best edits from each groups while balancing public interests in a wise andcompelling way. This approach, along with a commitment to focusing on this

measure will take you one important step closer to renewal of these important

funds.


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Talking Points for Press Encounters

Overview

While we do not yet have final language for a Measure Y renewal, it is important that

you and your colleagues begin to speak with a unified voice on this measure. To thatend, the follow are a few brief talking points to guide any encounters you may have

with press tonight or as this measure moves forward.

Again, these are points for press encounters. Because we ve not struck agreement

for all groups, we are not shopping press on this matter. These are merely points

you can use to stay on message with the rest of your council.

Talking Points

(1)We can win. This will take hard work and a clear and honest measure, but

polling suggests that a renewal of this measure is possible.

(2)

This renewed measure will be honest and clear. Though it is not yet final

and we are still incorporating important feedback from many community

organizations, the measure will be more focused on reduction of violence,

particularly gun violence, and support for at risk youth and young adults.

(3)

Fire: focused on staffing one or two engine companies to keep high levels of

emergency response

(4)Police: focused on staffing crime reduction teams and fully supporting the

PSO model, including staffing NCPC meetings, working the SERA process andmore. Again, this measure is committed to community policing and tostaffing the Ceasefire model.

(5)Programs: Focused on support for at risk youth and young adults. Current

programs have been able to reduce recidivism by 80% for the population

these programs actually touches. Programs will double down on what isproven and works.

(6)We are making some changes to the measure in response to great issues

raised by community groups. We expect to review this stronger proposed

ballot resolution at our full council meeting on July 15.


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Proposed Oversight Language for the 2014 MeasureSubmitted by Oakland Community OrganizationsJune 22, 2014

The City Administrator shall submit a slate of five (maybe up to 7, but not more than)individuals to serve as members of the Measure XYZ Planning and OversightCommission to be approved by the City Council. The Commission shall be comprisedof individuals with expertise in criminal justice and public health research, andevaluation; financial management and audits; and public policy analysis anddevelopment.

The Commission shall shape and review annual and multiyear financial and programaudit reports and projections, measures of internal processes and external outcomes,and other evaluation reports it shall require from each Department receiving funds. Itshall also select a third-party evaluator.

Every 24 months, The Planning and Oversight Commission shall meet with DepartmentHeads from departments receiving and/or administering Measure XYZ funds (OaklandPolice Chief, Oakland Fire Chief, Director of the Department of Human Services) toreceive a priority spending plan for funds received from the measure. The plan shallinclude proposed expenditures, strategic rationales for those expenditures andintended, measurable outcomes and metrics expected from those expenditures.Department heads and the Commission shall have the opportunity to engage in criticaldialogue regarding proposed expenditures, strategies, and outcomes. Following thisdialogue The Commission shall report and make recommendations to the Mayor, CityCouncil, and Department Heads regarding any new practices, allocations, or regulations

to ensure compliance with the requirements and intent of this Measure. The CityCouncil must hear The Commissions report and recommendations prior to approvingany funding allocations (by April 1, approximately). Twice yearly, the DepartmentHeads and Commission will meet to receive and review actualized data from thedepartments demonstrating progress towards the intended outcomes.

At the end of the 24 month period, the Department Heads and Commission will reviewprogress towards outcomes and other evaluation measures from the previous 24months and detail plans for the expenditure of funds for the next 24 months or othertime period as requested by The Commission.

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Proposed revisions to draft ballot initiative:

Revision 1 (from Page 4)

current language:

3. Community-focused Violence Prevention and Intervention Services and Strategies:Invest in data-driven proven strategies such as:

revised language:

3. Community-focused Violence Prevention and Intervention Services and Strategies:Invest in data-driven proven strategies such as:

Revision 2 (from Page 4)

current language:

(d) Coordination of public systems (including law enforcement) and community-based

social services through sharing of resources, joint trainings and multidisciplinary casereviews.

revised language:

Either

Option 1) Strike all:

(d) Coordination of public systems (including law enforcement) and community-basedsocial services through sharing of resources, joint trainings and multidisciplinary case

reviews.

Or

Option 2) Change to:

(d) SharedCcoordination of public systems (including law enforcement) and community-based social services through sharing of resources, joint trainings and multidisciplinary

case reviews.

And, add under:

(Page 3)1. Geographic Policing: hire, deploy and maintain police officers assigned to

specific geographic areas or neighborhoods, performing duties such as:

(e) Shared coordination of public systems (including law enforcement) and community-

based social services through sharing of resources, joint trainings and multidisciplinary

case reviews.

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