The Upside Down, Welcome to Oakland

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If you haven’t heard of the series, Stranger Things, you’re missing out but you can attend Oakland City Council meetings, no subscription required, and find yourself in another dimension – The Upside Down- in which one thing may mean its opposite but not always…..there often is no logical explanation for how our city plays fast and loose with their stated goals and even their lawful resolutions. But don’t worry, unlike the evil critters in Stranger Things, they don’t mean anything by it.

Item 7.13 Oak Knoll final Vote

On the agenda tonight are some interesting discussions/votes. The City Council will finally dispense with the Oak Knoll property, a large parcel of formerly publicly owned land that the city managed to lose long ago. They had one final chance to make it work for more than the 2% of Oaklanders (that’s a generous estimate) who got their way. But no, with a vote of 5 to 3-Kalb, Guillen, and Gallo voting no- they are sending it to the cheerful world of wealthy Nimbiism. Never forget-not one unit of affordable housing will be built in this project.

Item 17–Stop ICE Complicity

Please sign up to speak or just listen to the mind boggling excuses our Chief of Police, Anne Kirkpatrick, has given that allowed OPD to assist ICE and Homeland Security Investigations while they arrested a Guatemalan refugee last August. He awaits deportation hearings now as a result of this activity.

Here’s an op-ed Seven Days” Robert Gammon in the East Bay Express:

https://www.eastbayexpress.com/oakland/why-oakland-should-cut-off-ice/Content?oid=11028169

In the agenda packet for tonight, you can view this report from the city administrator which contains a copy of one of the council’s resolutions against assisting ICE in civil investigations or apprehensions. Civil in this case means, immigration laws rather than criminal, which means the person or persons may be engaged in criminal activities that have nothing to do with immigration violations-got it?

“Further Resolved: That, in accordance with state and federal laws, City employees
including members of the Oakland Police Department shall not enforce federal civil
immigration laws and shall not use city monies, resources, or personnel to investigate, question, detect or apprehend persons whose only violation is or may be a civil violation of immigration law; and be it
Further Resolved: That, in accordance with state and federal laws, the Oakland Police
Department will continue to cooperate with federal immigration agencies in matters involving criminal activity and the protection of public safety:”   

Also from the city administrator’s report:
OPD has fully complied with all City of Oakland resolutions concerning the status of Oakland as a sanctuary city in immigration actions. Two of the three relevant resolutions prohibit city departments and employees from assisting or cooperating with ICE (formerly INS, Immigration and Naturalization Service) in relation to civil provisions of immigration law. The two more recent relevant resolutions both specifically state that OPD “will continue to cooperate with federal immigration agencies in matters involving criminal activity and the protection of public safety.”

Since the city can aid in the investigation of criminal activity, did ICE and/or HSI lie to the police chief  and if so, why would she not admit she had made a mistake in believing them or had not read the charge or did she go ahead anyway because…well.. the language of sanctuary is riddled with loopholes and she used one. However, the majority of Oaklanders have been pretty clear that they don’t want to be complicit in criminalizing refugees or terrorizing our hard working immigrant communities.

This is What OPD is offering as a Fix:

In order to provide greater transparency in operations with ICE, OPD will modify its
immigration policy to include the following language:
As a follow up to all cooperation OPD provides to ICE in criminal investigations,
the Department will publish an after-action report on its website within 15 days of
the operation. The public report will include:
• The date, time, and unit-block location of the operation
• The number and cost of OPD personnel involved”

It’s pretty easy to pass ordinances that say we won’t hire firms who help build the border wall but, it turns out to be much harder to really provide sanctuary to our otherwise law-abiding immigrant community. That doesn’t mean that socially conscious Oaklanders won’t continue to push the envelope and demand accountability on this and other forms of tangible resistance to our rogue government in Washingtion DC.

Come out tonight and again on December 5th to the Public Safety Committee Meeting if you want to continue closing those loopholes or, as they say in Stranger Things, closing the gate to the Upside Downimages (9)

Notice: New Information–Join our Complaint–No Complicity with ICE in this Sanctuary City

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Breaking: Although the complaint has been removed from next Tuesday’s agenda  by Council Members Annie Campbell Washington and Abel Guillen with no new date, we plan on packing the chambers and speaking during Open Forum. Be sure to sign up for Open Forum and/or item 2, Determination of Scheduling Outstanding items, on the link in the article.

From the Supplemental Meeting Agenda: “The Item Regarding “HSI/ICE Raid In West Oakland On August 16, 2017” Was Moved To The Pending List No Date Specific By The November 9, 2017 Rules And Legislation
Committee.

The situation is untenable for paperless immigrants who live in fear of being ripped from their lives and creates more distrust among Oaklanders when the department issues conflicting or false reports. This cannot and should not have to wait for a lengthy investigation, and until the Police Commission is seated this December, the department will continue to investigate itself.

Let us know if you still wish to join the complaint–the more the merrier politically speaking. You can email pamelaadrake@gmail.com. See you on Tuesday.

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On an August morning I awoke to find that Oakland twitter was freaking out over what many supposed was an ICE raid in West Oakland. It turns out they were right. The DHS, Department of Homeland Security and ICE, Immigration and Customs Enforcement, was in the process of hauling several members of a Guatemalan family out of their homes with the assistance of the Oakland Police Department. One was detained and another was returned to the home, purportedly a male teenager who was in no danger of being trafficked by anyone in that home.

I am a member of a group called the California Sanctuary Campaign. We’ve pushed the city to enact ordinances to prevent the local administration including our police department from becoming complicit in the harassment and removal of  hardworking but paperless residents from the city they call home. The Oakland Privacy Advisory Commission led by attorney Brian Hofer has taken the lead in proposing legislation to protect residents from the predatory folks in DC.

But this particular morning OPD soon sent out a press advisory that they were assisting ICE in detaining suspects in a sex trafficking operation involving youth. So I suspended judgement because I never want to find myself on the wrong side of protecting children, mostly young women, from the horrors of that trade. I trusted the OPD’s Media Relations folks not to lie on something this important, even given that they have done this many times before. See the Celeste Guap case, etc. http://reason.com/blog/2017/07/13/oakland-police-corruption-comes-out

Here is what has been documented so far on  the issue of youth sex trafficking — “But there is no evidence that the raid was conducted pursuant to any sex trafficking allegations. OPD later deleted the notification and issued a different one stating it was a “human trafficking” investigation instead.

However, there is no evidence of human trafficking in the case. At last week’s hearing, Hofer said, “The chief repeatedly supplied false information.”  Here’s more about the hearing the Privacy Advisory Commission held into the case and their findings so far– https://www.eastbayexpress.com/SevenDays/archives/2017/10/12/oakland-city-council-to-hold-hearing-on-controversial-ice-raid-and-oakland-police-misinformation

The one person who was arrested by HSI or ICE is now awaiting deportation proceedings. So here we have a situation in which the people of Oakland’s reps voted to withdraw our city from assisting ICE in enforcing civil immigration laws but they continue to do so. Did ICE lie to OPD to get their assistance when it was not a criminal pursuit? That’s entirely possible but we don’t know as Chief Kirkpatrick insists that OPD had to assist, using whatever reasoning is available, depending on the day the department is asked.

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Photo by Darwin BondGraham

To make matters worse, the City Council passed two ordinances that deal with how we react when the Feds say jump–one that eliminates MOUs in which OPD can join federal task forces and operate within them with impunity-and another that requires public hearings when new agreements are even being considered. OPD’s actions seem to have violated both these progressive policies.

I know that when Chief Kirkpatrick came to town, most folks were open to giving her a chance to pull together our demoralized and disgraced police force. We wanted and needed that to happen. I was a member of at least two groups that met with and are still meeting with her but I think I’ve seen and heard enough.

As Privacy Chair Brian Hofer said, “The Oakland Police Department will never change if those at the top are not held accountable for their actions. When she was hired, Chief Kirkpatrick raised the issue of accountability, yet since her hiring she has promoted officers suspected of covering up the Jasmin [Celeste Guap] scandal https://www.eastbayexpress.com/oakland/oakland-police-chief-doubles-down-on-promoting-the-cops-who-covered-up-the-celeste-guap-case/Content?oid=7922863, issued a ‘fake discipline’ report about the cover up, and attempted to derail two federal task force proposals earlier this summer.

Hofer continues, “It’s this last issue that is motivating me to hold her accountable – by attempting to maintain the ICE MOU, and attempting to derail a federal task-force transparency ordinance, the Chief has twice chosen the feds over the people of Oakland. We do not share the same values, and in the era of Trump and Sessions, this is dangerous for the people of Oakland.”

As a result of these actions, Chair Hofer has filed a complaint against OPD that is now being investigated by Internal Affairs, not the new police commission since it has not been seated yet, that accuses the chief of making numerous false statements to the public about the need to assist ICE in a civil detainment plus of asserting that the new city policy had not gone into effect at that time. I have joined that complaint along with Pastor J Alfred Smith Jr, Margaret Cunningham, Judith Stacey, Sharon Rose and Linda Olvera, all of the California Sanctuary Campaign and Tracy Rosenberg of Media Alliance.

We would be happy to have you or your organization join us in signing the complaint. John Jones III of CURYJ has already joined us and we are expecting others, many others. Notify me by responding to this blog and then please attend the Oakland City Council Public Safety Committee Meeting, November 14th, 6 pm, agenda Item no. 4 fill out a speaker card online.

If we want sanctuary to mean something, if we want an accountable police department–and humane policies for all our residents–we have to back up our stated goals with actions. Join us.