Allen, et al v. City of Oakland, et al
Filing
708
ORDER denying 701 Intervenor's motion for clarification. Signed by Judge Thelton E. Henderson on 08/07/12. (tehlc3, COURT STAFF) (Filed on 8/7/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DELPHINE ALLEN, et al.,
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Plaintiffs,
v.
CITY OF OAKLAND, et al.,
MASTER CASE FILE
NO. C00-4599 TEH
ORDER DENYING
INTERVENOR’S MOTION FOR
CLARIFICATION
Defendants.
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For the Northern District of California
United States District Court
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Intervenor Oakland Police Officers’ Association (“OPOA”) has filed a motion for
12 clarification of this Court’s order concerning the confidentiality of communications by the
13 Monitor. The OPOA has no objection to keeping all such communications confidential from
14 the public, but it does object to preventing its members from learning about conversations the
15 Monitor may have with the Chief of Police concerning discipline of individual officers. The
16 OPOA requests that the Court clarify that its confidentiality order does not apply to those
17 situations. The Court now DENIES that request for the reasons discussed below.
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As an initial matter, the OPOA’s reliance on policies referring to the “chain of
19 command” or the “Discipline Officer” is misplaced. The Monitor is neither the Department’s
20 “Discipline Officer” nor in the Chief’s chain of command. Instead, the Monitor
21 communicates with the Chief of Police only as an agent of the Court, and his
22 communications therefore bear the same protection as communications from this Court.
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Moreover, the Court is not persuaded that any officer’s due process rights will be
24 impacted by its order. The Monitor currently does not have the power to exercise the duties
25 of the Chief of Police, City Administrator, Mayor, or any other City official. Thus, unless
26 and until there is a receivership in place or the Court confers additional authorities on the
27 Monitor, the Chief’s disciplinary decisions remain his own, based on his own judgment and
28 review of records contained in the disciplinary file. If the Chief’s judgment differs from the
1 Monitor’s, the Monitor will bring that issue to the Court, and the OPOA will have a full and
2 fair opportunity to discuss the issue if the Court contemplates ordering the Chief to take a
3 particular action. Under these circumstances, the Court does not find the confidentiality of
4 communications between the Monitor and the Chief to violate any officer’s due process
5 rights.
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Accordingly, with good cause appearing, the OPOA’s motion for clarification is
7 DENIED.1
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9 IT IS SO ORDERED.
11 Dated: 08/07/12
For the Northern District of California
United States District Court
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THELTON E. HENDERSON, JUDGE
UNITED STATES DISTRICT COURT
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Plaintiffs correctly observe in their opposition that the OPOA did not follow the
27 Court’s Civil Local Rules in filing its motion. Nonetheless, because Plaintiffs have been
heard in opposition and the Court is denying the requested relief, the Court finds no prejudice
28 to ruling on the motion despite the procedural improprieties.
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