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OPD Must Seek Ways to Avoid Deadly Force, Says Federal Monitor

Published

9 years ago

August 11, 2015

Independent Monitor Robert Warshaw, federal Judge Thelton Henderson’s representative in Oakland, is putting a spotlight on police shootings in cases that may be “by the book” and “legally defensible” but result in injuries and deaths that could have been avoided.

“Any use of deadly force should serve as an opportunity to look beyond the customary questions of policy compliance and legal justification. The department should consider whether the use of that level of force might have been avoidable – even when the application of that force is consistent with departmental policy,” said Warshaw in his latest update on oversight of the Oakland Police Department, which has been ongoing for 12 years.

“Taking seriously the question of whether deadly force could have been avoided is recognition of the value of all human life, and it is a way for the department to not only reflect that principle but also to practice it,” he said.

“The loss of life itself demands this higher level of questioning.”

Warshaw’s report focuses on a central issue that is being raised by protesters across the country, said police accountability activist Rashidah Grinage, coordinator of the Coalition for Police Accountability.

“The deaths of Eric Garner, (Water Scott) in South Carolina and other places did not have to happen,” she said. “If police policy says otherwise, then policy has to change,” she said.

Police departments have to ask themselves not just whether a shooting can be defended legally, but whether it could have been avoided, Grinage said.

“Police policy and general orders combined with a certain amount of officer discretion produces a lethal combination, allowing officers to act in ways that are not fair or racially just,” she said.

Warshaw’s report also published citywide police stop data for June 2014 to June 2015, which included 27,492 vehicle stops and 7,059 pedestrian stops.

Fifty-five percent of the vehicle stops involved African Americans, and they were searched in 23 percent of the cases. However, the percent of searches that resulted in finding something was 32 percent, the lowest recovery rate for any racial group.

Sixty-eight percent of the pedestrian stops involved African Americans, and they were searched in 48 percent of the cases. Searches resulted in finding something 26 percent of the time, compared with a recovery rate of 20 percent for whites and 26 percent for Asians.

Nineteen percent of vehicle stops involved Latinos, the second highest percentage after African Americans. Police searches resulted in recovering something in 40 percent of the cases.

Pedestrian stops for Latinos were second most prevalent – 14 percent of the total. Police searches recovered something in 25 percent of the cases.

Twenty-eight percent of Oakland’s population is African American and 25 percent Latino.

“Assessments covering the past several reporting periods have verified the presence of sufficient cause for the searches in a high percentage of the cases,” said Warshaw.

However, Warshaw said, “We stress the importance of OPD taking steps to ensure to the degree possible, that the process is not only legal, but also seen as legitimate in the eyes of those involved.”

According to Grinage, people have to ask themselves why the police are “stopping African Americans more and recovering less.”

“What is the decision making behind these stops?” She asked.

At present, residents who are on probation or parole are generally subject to stop and search. “If that’s the assumption, maybe that’s a really poor decision,” she said.

Grinage said the Oakland Coalition for Police Accountability is currently meeting with city councilmembers and is doing research on a proposition for an independent police oversight commission that will go on the ballot for November 2016.

She said that the coalition will ask the council to vote next June to put the proposal on the ballot.

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Arts and Culture

Rise East Project: Part 3

Between 1990 and 2020, Oakland lost nearly half of its Black population due to economic and social forces. East Oakland, once a middle-class community, is now home to mostly Black families living in poverty.

Published

1 year ago

October 12, 2023

Oakland Post

CEO of Black Culture Zone Carolyn Johnson, a native from Deep East Oakland is making the change she wishes to see in her community and in her people. Black Culture Zone has created a power base of Black folks making a difference in Deep East Oakland. Photo by Kumi Rauf.

The Black Cultural Zone’s Pivotal Role in Rebuilding Oakland’s Black Community

By Tanya Dennis

In 2021, 314 Oakland residents died from COVID-19. More than 100 of them, or about 33.8%, were Black, a high rate of death as Blacks constitute only 22.8% of Oakland’s population.

This troubling fact did not go unnoticed by City and County agencies, and the public-at-large, ultimately leading to the development of several community organizations determined to combat what many deemed an existential threat to Oakland’s African American residents.

Eastside Arts Alliance had already proposed that a Black Cultural Zone be established in Deep East Oakland in 2010, but 2020’s COVID-19 pandemic galvanized the community.

Demanding Black legacy preservation, the Black Cultural Zone (BCZ) called for East Oakland to be made an “unapologetically Black” business, commercial, economic development community.

Established initially as a welcoming space for Black art and culture, BCZ emerged into a a community development collective, and acquired the Eastmont police substation in Eastmont Town Center from the City of Oakland in 2020.

Once there, BCZ immediately began combating the COVID-19 pandemic with drive-thru PPE distribution and food giveaways. BCZ’s Akoma Market program allowed businesses to sell their products and wares safely in a COVID-compliant space during the COVID-19 shutdown.

Currently, Akoma Market is operated twice a month at 73^rd and Foothill Boulevard and Akoma vendors ‘pop up’ throughout the state at festivals and community-centered events like health fairs.

“Before BCZ existed, East Oakland was a very depressing place to live,” said Ari Curry, BCZ’s chief experience officer and a resident of East Oakland. “There was a sense of hopelessness and not being seen. BCZ allows us to be seen by bringing in the best of our culture and positive change into some of our most depressed areas.”

The culture zone innovates, incubates, informs, and elevates the Black community and centers it in arts and culture, Curry went on.

“With the mission to center ourselves unapologetically in arts, culture, and economics, BCZ allows us to design, resource, and build on collective power within our community for transformation,” Curry concluded.

As a part of Oakland Thrives, another community collective, BCZ began working to secure $100 million to develop a ‘40 by 40’ block area that runs from Seminary Avenue to the Oakland-San Leandro border and from MacArthur Boulevard to the Bay.

The project would come to be known as Rise East.

Carolyn Johnson, CEO of BCZ says, “Our mission is to build a vibrant legacy where we thrive economically, anchored in Black art and commerce. The power to do this is being realized with the Rise East Project.

“With collective power, we are pushing for good health and self-determination, which is true freedom,” Johnson says. “BCZ’s purpose is to innovate, to change something already established; to incubate, optimizing growth and development, and boost businesses’ economic growth with our programs; we inform as we serve as a trusted source of information for resources to help people; and most important, we elevate, promoting and boosting Black folks up higher with the services we deliver with excellence.

“Rise East powers our work in economics, Black health, education, and power building. Rise East is the way to get people to focus on what BCZ has been doing. The funding for the 40 by 40 Rise East project is funding the Black Culture Zone,” Johnson said.

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Alameda County

Help Protect D.A. Pamela Price’s Victory

Alameda County District Attorney Pamela Price is asking supporters of the justice reform agenda that led her to victory last November to come to a Town Hall on public safety at Montclair Presbyterian Church on July 27.

Published

1 year ago

July 25, 2023

Oakland Post

D.A. Pamela Price

By Post Staff

Price is facing a possible recall election just six months into her term by civic and business interests, some of whom will be at the in-person meeting from 6:00-9:00 p.m. at 5701 Thornhill Dr. in Oakland.

“We know that opponents of criminal justice reform plan to attend this meeting and use it as a forum against the policies that Alameda County voters mandated DA Price to deliver. We cannot let them succeed,” her campaign team’s email appeal said.

“That’s why I’m asking you to join us at the town hall,” the email continued. “We need to show up in force and make sure that our voices are heard.”

Price’s campaign is also seeking donations to fight the effort to have her recalled.

Her history-making election as the first African American woman to hold the office had been a surprise to insiders who had expected that Terry Wiley, who served as assistant district attorney under outgoing D.A. Nancy O’Malley, would win.

Price campaigned as a progressive, making it clear to voters that she wanted to curb both pretrial detention and life-without-parole sentences among other things. She won, taking 53% of the vote.

Almost immediately, Price was challenged by some media outlets as well as business and civic groups who alleged, as she began to fulfill those campaign promises, that she was soft on crime.

On July 11, the recall committee called Save Alameda for Everyone (S.A.F.E.) filed paperwork with the county elections office to begin raising money for the next step toward Price’s ouster: gathering signatures of at least 10% of the electorate.

S.A.F.E. has its work cut out for them, but Price needs to be prepared to fight them to keep her office.

In a separate sponsored letter to voters, Price supporters wrote:

“We know that you supported DA Price because you believe in her vision for a more just and equitable Alameda County. We hope you share our belief that our criminal justice system has to be fair to everyone, regardless of their race, gender, ethnicity, religion, or socioeconomic status.

“The Republican-endorsed effort is a blatant attempt to overturn the will of the voters and a waste of time and money. It is an attempt to silence the voices of those who want real justice. We cannot let these election deniers succeed.

“Will you make a donation today to help us protect the win?

“Please watch this video and share it with your friends and family. We need to stand up to the sore losers and protect the win. Together, we can continue to make Alameda County a more just, safe and equitable place for everyone.”

For more information, go to the website: pamelaprice4da.com
or send an e-mail to info@pamelaprice4da.com

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Bay Area

Oakland Teachers Walk Out

After negotiating late into the night and months of fruitless bargaining with the Oakland Unified School District, Oakland teachers went out on strike Thursday morning. “Our (50-member) bargaining team has been working for seven months working, making meaningful proposals that will strengthen our schools for our students,” said Oakland Education Association (OEA) Interim President Ismael “Ish” Armendariz, speaking at press conference Monday afternoon.

Published

1 year ago

May 12, 2023

Oakland Post

Gearing up for this week's strike, Oakland parents, students, educators and families at United for Success Academy held a press conference April 28 to explain why they are standing together for a safer building and stable and racially justified schools. Photo courtesy of Oakland Education Association.

OEA calls unfair labor practices strike after 7 months of negotiations.

By Ken Epstein

After negotiating late into the night and months of fruitless bargaining with the Oakland Unified School District, Oakland teachers went out on strike Thursday morning.

“Our (50-member) bargaining team has been working for seven months working, making meaningful proposals that will strengthen our schools for our students,” said Oakland Education Association (OEA) Interim President Ismael “Ish” Armendariz, speaking at press conference Monday afternoon.

“OUSD has repeatedly canceled bargaining sessions, has failed to offer meaningful proposals or counterproposals at a majority of the bargaining sessions and has repeatedly failed to discuss certain items,” Armendariz said.

“The days (of bargaining) have been long, and after hours of waiting, the superintendent finally showed up on Sunday night at 11:00 p.m.to meet with our team (for the first time),” he said. “(But) the district continues to come to the table unprepared, and this is unacceptable.”

“This is illegal, and OEA has filed an Unfair Labor Practice charge with the state Public Employment Relations Board (PERB). Under California law, OEA has a right to strike over unfair labor practices,” he said.

OEA represents 3,000 teachers, counselors, psychologists, speech pathologists, early childhood educators, nurses, adult education instructors and substitute teachers, serving 35,000 Oakland public school students. Other labor groups representing school employees include SEIU 1021 and construction unions.

In a press statement released on Tuesday, OUSD said it has been trying to avert a strike.

“The district will remain ready to meet with the teachers’ union at any time and looks forward to continuing our efforts to reach an agreement with OEA … We will continue to do everything possible to avoid a work stoppage.”

“Our children’s education does not need to be interrupted by negotiations with our union, especially given the major offer the District made on Monday,” other district press statements said. “We are committed to continuing to work with our labor leaders to discuss their salaries and support services for our students without the need for a strike.”

OUSD’s latest salary proposal, released this week, includes a 10% raise retroactive to Nov. 1, 2022, and a $5,000, one-time payment to all members.

OEA’s recent salary proposal asked for a 10% retroactive raise to all members, a one-time $10,000 payment to members who return for the 2023-2024 school year, and increases from $7,500 to $10,000 to salaries, based on years of experience.

In addition to pay demands, OEA is making “common good” proposals that serve families and the community, including protecting and enhancing special education programs, putting the brakes on closing schools in flatland neighborhoods, shared school leadership, safety, and support for students.