A federal judge has affirmed that the Oakland Police Department (OPD) still has not achieved full compliance with its long-standing federal oversight program, which is now entering its 22nd year.
U.S. District Judge William Orrick highlighted the strides the department has made recently but emphasized that full compliance has yet to be realized.
At a hearing held in San Francisco, Judge Orrick stated, “We’re not there yet.” He acknowledged that the OPD has tackled essential issues, including reducing racial profiling during traffic stops and employing technology to combat crime.
Despite these advances, Orrick noted that the OPD still must meet three court-mandated reforms focused on the timely execution and quality of internal investigations, as well as the fair administration of discipline.
The judge asserted that the ability of OPD to investigate officer misconduct and ensure accountability is crucial for demonstrating that the department can operate independently of court supervision.
“It is time for the court oversight to end… but with full compliance,” Orrick declared. “I want the city to move rapidly to full compliance. The entire community wants to see this happen.”
The oversight program was initiated following a civil rights lawsuit from 2003, which represented 119 residents—predominantly Black men—who alleged excessive force and evidence manipulation by multiple Oakland officers in what became known as the Riders scandal.
As part of the Negotiated Settlement Agreement (NSA), the OPD agreed to implement 52 specific reforms, with regular hearings held by the federal judge to assess progress and determine if the department can function independently.
After entering a “sustainability period,” wherein OPD was expected to maintain progress for an entire year, setbacks emerged in 2023.
In April 2022, the OPD had demonstrated compliance with nearly all court-mandated tasks and seemed poised to conclude the NSA.
However, internal affairs issues began to surface, notably concerning Sergeant Michael Chung, who had been involved in incidents including a vehicle crash and the destruction of evidence related to a weapon discharge incident.
Criticism was directed at then-Chief LeRonne Armstrong and other leaders for their failure to ensure internal affairs held Chung accountable.
Furthermore, Alameda County prosecutors flagged another troubling situation involving veteran homicide investigator Phong Tran, who had been accused of misconduct during a recent murder trial.
Despite internal investigations concluding that Tran did not engage in wrongdoing, critics pointed to failures in OPD leadership to meet basic internal standards.
In response to these challenges, Judge Orrick revamped the OPD’s structure, ensuring that the Internal Affairs Division reports directly to the police chief, aiming to eliminate claims of ignorance regarding internal affairs shortcomings.
Yet, OPD’s capacity to uphold the NSA reforms has faced difficulties across various fronts.
A key concern lies with the duration taken to complete internal investigations, a critical metric under California’s Public Safety Officers Procedural Bill of Rights Act.
This law mandates that police departments must complete investigations into officer misconduct within one year, or they lose the ability to discipline implicated officers.
Civil rights attorneys representing the plaintiffs indicated that during the last quarter of 2024, OPD managed to complete 84% of Class I internal investigations—those involving serious allegations—within the established 180-day timeline.
However, to achieve compliance, the department needs to reach an 85% success rate, which they narrowly missed.
The city contended that had it not been for a specific case completed just two days late, the threshold would have been met.
Police Chief Floyd Mitchell cited several reasons for the delays, mentioning the complexity of cases, external delays, scheduling conflicts, and issues stemming from the city’s 2023 ransomware attack.
But Chanin, one of the attorneys, suggested that the ransomware issue was a
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