Oakland, California, Civilian Police Commission, Measure LL (November 2016)

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Local ballot measure elections in 2016

Measure LL: Oakland Civilian Police Commission
LocalBallotMeasures Final.png
The basics
Election date:
November 8, 2016
Status:
Approveda Approved
Topic:
Local law enforcement
Related articles
Local law enforcement on the ballot
November 8, 2016 ballot measures in California
Alameda County, California ballot measures
Local charter amendments on the ballot
See also
Oakland, California

A civilian police commission measure was on the ballot for Oakland voters in Alameda County, California, on November 8, 2016. It was approved.

A yes vote was a vote in favor of creating a Police Commission run by civilian commissioners to oversee the Oakland Police Department as well as a Community Police Review Agency To investigate complaints of police misconduct.
A no vote was a vote against creating a Police Commission run by civilian commissioners to oversee the Oakland Police Department as well as a Community Police Review Agency To investigate complaints of police misconduct.

Election results

Measure LL
ResultVotesPercentage
Approveda Yes 137,032 83.19%
No27,69516.81%
Election results from Alameda County Registrar of Voters

Text of measure

Ballot question

The following question appeared on the ballot:[1]

Shall Oakland’s City Charter be amended to establish: (1) a Police Commission of civilian commissioners to oversee the Police Department by reviewing and proposing changes to Department policies and procedures, requiring the Mayor to appoint any new Chief of Police from a list of candidates provided by the Commission, and having the authority to terminate the Chief of Police for cause; and (2) a Community Police Review Agency to investigate complaints of police misconduct and recommend discipline?[2]

Impartial analysis

The following impartial analysis of the measure was prepared by the office of the Oakland City Attorney:

Currently, the City Administrator supervises the Oakland Police Department (“OPD”). The Chief of Police (“Chief”) is responsible for the OPD’s day-to-day operations. The Chief investigates possible police misconduct, but the City Administrator must approve all suspensions of five or more days, fines, demotions or discharges. The City’s Citizens’ Police Review Board (“CPRB”) investigates citizen complaints of police misconduct.

This measure would establish a Police Commission (“Commission”) to oversee the Police Department’s policies and procedures, and a Community Police Review Agency (“Agency”) to investigate complaints of police misconduct and recommend discipline.

Police Commission The Commission would review the OPD’s policies, procedures and General Orders. The Commission may also propose changes, and approve or reject the OPD’s proposed changes, to those policies, procedures and General Orders that govern use of force, profiling, and general assemblies. The Commission’s proposed changes, and any rejections of the OPD’s proposed changes, would be subject to the City Council’s review and approval. The Commission would also conduct at least one public hearing a year on OPD policies, procedures and General Orders. The Commission would consist of seven regular and two alternate members. The Mayor would nominate three regular Commissioners and one alternate, subject to the City Council’s approval. At least one of the three appointees must be a retired judge or lawyer with trial experience in criminal law or police misconduct.

A nine-member Selection Panel would nominate four regular Commissioners and one alternate. Each member of the City Council and the Mayor would appoint one member to the Selection Panel. The Selection Panel’s nominees would become members of the Commission, unless the City Council rejects all of the panel’s nominees.

Community Police Review Agency Currently, after investigating a complaint of police misconduct, the CPRB may recommend proposed discipline. The CPRB must submit any recommendations regarding discipline to the City Administrator, who must respond to the CPRB in writing and make the final decision. Under the proposed measure, the Commission would establish the Agency, which would receive and review all complaints of police misconduct. The Agency would be required to investigate all complaints involving use of force, in-custody deaths, profiling and public assemblies. The Commission could also direct the Agency to investigate other possible police misconduct. After completing its investigation of a complaint, the Agency would submit its findings and proposed discipline to the Commission and the Chief.

If the Chief agrees with the Agency’s findings and proposed discipline, the Chief would notify the officer who is the subject of the complaint. If the Chief disagrees with the Agency’s findings and proposed discipline, the Chief would be required to prepare separate findings and proposed discipline. A three-member committee of the Commission would consider the Agency’s and the Chief’s recommendations and make a final decision, subject to the officer’s ability to file a grievance.

Budget and Staffing The City must allocate enough money to the Commission and the Agency so that they can perform their required functions and duties.

After the City Council confirms the first group of Commissioners, the CPRB’s pending business would be transferred to the Commission and the Agency. The CPRB’s Executive Director would become the Agency’s Interim Director, and all other CPRB staff would become Agency staff. s[2]

—Oakland City Attorney[3]

Full text

The full text of the measure is available here.

Path to the ballot

See also: Laws governing local ballot measures in California

This measure was put on the ballot through a vote of the governing officials of Oakland, California.

Recent news

The link below is to the most recent stories in a Google news search for the terms Oakland Local law enforcement. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

See also

External links

Footnotes

  1. Alameda County, "November 8, 2016 General Election Local Measures," accessed October 12, 2016
  2. 2.0 2.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. Alameda County, "Measure LL," accessed October 30, 2016