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See you at 6pm tonight at City Hall, room 4 (second floor). Focus: implementation feedback from those who’ll have to make the policy work. Where-the-rubber-meets-the-road talk.

From Joe DeVries:

I am pleased to announce that we will have several guests to discuss certain components of the draft Policy and the additional recommendations that the Advisory Committee is recommending to the City Council. The guests include our Newly Elected City Auditor Brenda Roberts, the Executive Director of our Public Ethics Commission, Whitney Barazoto, and the City’s Employee Relations Manager, Renee Mayne. Also available will be our EOC Acting Manager, Deputy Chief David Downing from OPD, and other city support staff to further discuss issues raised about the Policy.


  1. 6:00pm: Call to Order, determination of Quorum
  1. 6:05pm: Recap of discussion and action taken by the City Council Public Safety Committee on February 10th.
  • Public Comment Period with Website Presence
  • Concerns around Staffing of DAC and Auditing Procedures
  • Return on April 14th, 2015
  1. 6:15: Discussion with City Auditor Brenda Roberts regarding the Auditor’s role in the Policy

ROUGH NOTES IN MY WORDS: The City Auditor’s office is independent, so can’t be compelled what to audit or when to perform them. The Auditor will prioritize auditing what goes on at the DAC against everything else the City does, weighing the cost, time, and impact of the systems and services being audited. So, if the Council wants regularly scheduled audits to confirm that the system is being well supervised and remains aligned with the Policy’s privacy protection and liability avoidance purposes, then the City should hire an outside auditor.

The City Auditor operates a whistleblower hotline. All calls receive at least a preliminary investigation.

  1. 6:40: Discussion with the Public Ethics Commission regarding their role in the Policy (Executive Director, Whitney Barazoto)

ROUGH NOTES: A few concerns about the scale of DAC-related whistleblower activity the PEC might face without additional headcount.

The next PEC meeting (Monday, 2 March, 6:30pm Hearing Room 1) will include a presentation and Q&A with DeVries and Hofer about the Policy. From Monday’s agenda… (pdf)

“5. City of Oakland Domain Awareness Center Privacy and Data Retention Policy. During discussions of the Oakland Port Domain Awareness Center (DAC) in March 2014, the City Council adopted a resolution requiring the City Administrator’s office to convene an advisory committee to develop a data retention and privacy policy to address public concerns about the DAC and its surveillance system. The DAC Ad Hoc Privacy and Data Retention Advisory Committee has been meeting since May 2014 and developed a policy and several additional recommendations to present to City Council. Joe DeVries, Assistant to the City Administrator and staff to the Ad Hoc Advisory Committee, and Brian Hofer, the Committee Chair, will provide an overview of the issue and the advisory committee process and will share the details of the proposal that is being developed. The recommendations include a potential role for the Public Ethics Commission as an impartial oversight entity. The Commission will review and discuss this issue and may take action regarding the proposal.”

  1. 7:00: Discussion with the City’s Employee Relations Manager (Renee Mayne) regarding the impact of the proposed penalties for violations of the Policy.

ROUGH NOTES: “Employees shall follow laws with punishments up to and including termination” is common boilerplate. “Just cause” is the standard for discipline; its seven elements: fair, reasonable, known, consistent, investigation, fair investigation (and one more). employees have a property right and a due process right in their jobs.

For any change to employee penalties, unions and their bargaining units must agree to be bound by those new terms of employment. Failing that, an issue goes to arbitration. Although the City is entering collective bargaining talks, the Policy’s new terms will not be part of the negotiation.

  1. 7:30: Discussion with Deputy Chief Downing (OPD) and Cathey Eide (EOC), and Ahsan Baig (ITD) regarding functional concerns about the Policy and/or external recommendations to the Policy.

NOTES: Wants covering peaceful marches and protests to be an “acceptable use.” Same for planned “special events” like marathons and Presidential visits.

  1. 7:50: Next Steps/Adjournment.