Judge Strips Power from Oakland Police Decisions must now go through court monitors, as department steps closer to federal takeover

A federal judge has granted significant decision-making powers to the monitors charged with overseeing court-ordered reforms at the Oakland Police Department, a move that brings the department one step closer to a federal takeover.

In an order issued late Tuesday, Judge Thelton Henderson wrote that he was in “disbelief” that the department had yet to finish the reforms, adding that the department remains “woefully behind its peers around the state and nation,” and that “words and promises are not enough.”

The department has been under court monitoring since 2003, when the city settled a civil suit over the Riders case, in which several officers were accused of planting drugs on suspects in East Oakland. As a result of the settlement agreement, the department agreed to implement a series of misconduct-related reforms, including an overhaul of disciplinary procedures and use-of-force reporting. But two missed deadlines later, the department has yet to complete the tasks.

“The Court remains in disbelief that Defendants have yet – nine years later – to achieve what they themselves agreed was doable in no more than five years,” Henderson wrote. He canceled a hearing on the case that had been scheduled for Thursday. “As both Plaintiffs and Defendants recognize, something must change if full compliance is to be achieved.”

The order comes just one week after the monitors wrote in their quarterly report that the police response to Occupy Oakland protests this fall raised “serious concerns” about the department’s ability to “hold true to the best practices in American policing.” The monitors promised a thorough investigation of the matter.

In a written response to that report, the city and police department said they had made significant progress over a period of years and reaffirmed their commitment to implementing the court-ordered reforms.

Under Henderson’s order, police Chief Howard Jordan is required to begin meeting with the monitors immediately regarding any major decisions that “may impact compliance” with the settlement agreement, including disciplinary actions, staff promotions and equipment purchases. The requirement also applies to “tactical initiatives,” such as Mayor Jean Quan’s high-profile plan to increase law enforcement activity in the 100 blocks where most of the city’s violent crime occurs.

If Jordan disagrees with a monitor’s recommendations, the monitor must meet with the city administrator and the mayor. If both officials decline to follow the monitor’s directions, the court may order them to comply. The “burden of proof,” Henderson wrote, is on the officials to convince him why the monitor should follow their lead.

“The Court hopes that these intermediate measures will be sufficient to move Defendants into full compliance,” Henderson wrote.

If the department has not finished implementing the reforms by July, Henderson said he would consider the possibility of receivership proceedings, during which he could decide whether to place the department under federal authority.

The police chief and the president of the police union could not immediately be reached for comment.

Sue Piper, Quan’s spokeswoman, declined to comment on the order Tuesday night, saying the mayor planned to meet with police and city officials Wednesday morning to discuss it. “We have to digest it,” she said.

Reached Tuesday night, Jim Chanin, one of the lawyers who brought the lawsuit against the city and department in the Riders case, said he was pleased with the judge’s decision. He and lawyer John Burris filed a motion last week asking the judge to consider scheduling a hearing on receivership.

“Up till now they’ve had the option of ignoring the monitor,” he said. “That option’s been taken away by this order. So the monitor’s going to be able to make enforceable decisions and hopefully that will jump-start compliance, which has been a complete failure.”