Police hiring, training, and disciplinary requirements in Oakland, California
| Police hiring, training, and discipline |
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This page provides an overview of policies related to the hiring, training, and discipline of police officers in Oakland, Calif. It is part of an analysis of police union collective bargaining agreements and related arrangements with police unions concerning hiring, training, and disciplinary requirements in the 50 states and top 100 cities by population.
Background
Ballotpedia in 2023 examined the collective bargaining agreements, statutes, and regulatory codes governing the 50 states and the top 100 US cities by population through the lens of a series of research questions related to police hiring, training, and discipline.
Some of the hiring, training, and discipline standards for police officers not established by statutes or regulations arise from negotiations with police unions. Those negotiations are often codified in collective bargaining agreements (CBAs). Those agreements are the contracts that states and cities sign following negotiations with police unions. Some states and cities restrict collective bargaining, but may still negotiate with police unions using other methods. After negotiating with the unions, those jurisdictions sometimes establish police standards through documents including memoranda of understanding or meet and confer agreements.
Results
The tables below link to each question Ballotpedia used to analyze the states and cities and indicate how Oakland handles police hiring, training, and discipline. To see the provisions Ballotpedia used to support these results, click here.
CBA basics
| CBA basics | Results |
|---|---|
| Is there a CBA with the police union? | YES |
| Is the current CBA publicly available online? | YES |
Discipline and accountability
| Discipline and accountability | Results |
|---|---|
| Does the CBA forbid the transfer or reassignment of an officer as a form of discipline? | NO |
| Do officers have a right to request third-party arbitration for grievances, including over disciplinary actions? | YES |
Condition: Certain disciplinary action may be subject to the grievance/arbitration procedure; Selection: Both parties agree on an arbitrator or alternately strike names from a provided list; Provider: The parties agree on a list of potential arbitrators or request a list from the California State Mediation and Conciliation Service; Arbitrator authority: The arbitrator's decision is final and bindingWritten reprimands, suspension, or termination may be appealed through the grievance/arbitration procedure. Employees can also elect to appeal suspensions, fines, demotions, or discharges to the Civil Service Board. Appeals to arbitration must be submitted within 14 days of the grievance procedure decision. | |
| Does the CBA contain provisions related to discipline for misconduct? | YES |
Primary discipline authority: City of Oakland, Police Department; Types: Fine, demotion, suspension, termination; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure | |
| Does the CBA explicitly allow for a state ombudsman outside particular police departments to hold law enforcement officers accountable for misconduct? | NO |
Legal limitations or provisions
| Legal limitations or provisions | Results |
|---|---|
| Does the city CBA prohibit felons from becoming law enforcement officers? | NO |
| Are there any statutes or regulations that prohibit collective bargaining with police unions? | NO |
Training and counseling
| Training and counseling | Results |
|---|---|
| Does the CBA require or incentivize college or post-secondary education? | YES |
Incentive pay for post-secondary education | |
| Does the CBA require or incentivize law enforcement officers to learn first aid skills? | YES |
Incentivizes Intermediate and Advanced POST certifications, which may include first aid training | |
| Does the CBA have provisions related to firearms training? | NO |
| Does the CBA have provisions related to training with tasers or other nonlethal weapons? | NO |
| Does the CBA require law enforcement officers to learn any martial arts? | NO |
| Does the CBA require law enforcement officers to submit to regular psychological counseling/evaluation? | NO |
Psychological counseling is confidential | |
| Does the state/city CBA require law enforcement officers to do driving training regularly? | NO |
| Does the state/city CBA require law enforcement officers to do driving training regularly? | NO |
| Does the CBA require law enforcement officers to take regular mental health training? | NO |
Community relations and oversight
| Community relations and oversight | Results |
|---|---|
| Does the CBA reference citizen review boards? | NO |
| Does the CBA have provisions related to community policing? | NO |
Investigations
| Investigations | Results |
|---|---|
| Does the CBA contain provisions related to misconduct investigations? | YES |
Grievance procedure mentions "the City shall thoroughly and adequately investigate all allegations and comply with the members' due process rights." No further detail of procedure given. | |
| Does the CBA require notice to officers of investigations? | NO |
| Does the CBA determine a timeline for investigations? | NO |
| Does the CBA contain provisions related to compensation during misconduct investigations? | NO |
Evidence and records
| Evidence and records | Results |
|---|---|
| Does the CBA have provisions related to the use of body-worn cameras or body-worn camera video evidence? | NO |
| Does the CBA regulate processes for retaining officer disciplinary records? | NO |
Record storage: N/A; Storage authority: N/A; Types of records: Complaints; Timeline: Complaints are removed after 5 years, not including files in the Internal Affairs Department; Access and use: N/A; Use in decisions: N/A | |
Qualifications and evaluation
| Qualifications and evaluation | Results |
|---|---|
| Does the CBA require performance evaluations? | YES |
Performance evaluations are mentioned throughout the CBA, but the frequency of these evaluations is not included | |
| Does the CBA restrict licensing procedures for law enforcement officers or departments? | NO |
Union authority
See also
Footnotes
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