Case3:00-cv TEH Document858 Filed11/08/12 Page1 of 5

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1 Case:00-cv-0-TEH Document Filed/0/ Page of OFFICE OF THE CITY ATTORNEY CITY OF OAKLAND Barbara J. Parker, SBN City Attorney Randolph W. Hall, SBN 0 Chief Assistant City Attorney Rocio V. Fierro, SBN Supervising Deputy City Attorney, Jamilah A. Jefferson, SBN 0 Deputy City Attorney One Frank H. Ogawa Plaza, Sixth Floor Oakland, CA Telephone: () -0 Facsimile: () -00 GREGORY M. FOX, State Bar #00 Bertrand, Fox & Elliot The Waterfront Building Hyde Street San Francisco, CA Telephone: ()-0 Facsimile: ()-00 [email protected] Attorneys for Defendants City of Oakland, et al. HANSON BRIDGETT LLP PAUL B. MELLO, SBN WALTER R. SCHNEIDER, SBN SAMANTHA D. WOLFF, SBN 00 PAUL B. GRUWELL, SBN Market Street, th Floor San Francisco, CA Telephone: () -0 Facsimile: () - [email protected] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION DELPHINE ALLEN, et al., Plaintiffs, v. CITY OF OAKLAND, et al., Defendants. I, Gerald Chaleff, declare that: Case No. C-00- TEH DECLARATION OF GERALD CHALEFF IN OPPOSITION TO PLAINTIFFS' MOTION FOR APPOINTMENT OF A RECEIVER Judge: Honorable Thelton E. Henderson Date: December, Time: :00 a.m. Ctrm.:, th Floor.. I am a graduate of Harvard Law School and was admitted to the State Bar of California in. I began my career as a Los Angeles County Deputy District

2 Case:00-cv-0-TEH Document Filed/0/ Page of Attorney and after two years became a Deputy Public Defender. I remained as a Deputy Public Defender for eight years and then formed a small law firm where I remained for twenty years. I then became a partner at Orrick Herrington and Sutcliffe LLP, where I chaired the white-collar criminal defense practice group. I then became a Senior Adviser to the Los Angeles City Attorney and then was appointed to the Los Angeles Police Department in 0 as a civilian equivalent of a Deputy Chief of Police.. I am a former President of the Los Angeles County Bar Association and served as Deputy General Counsel to the Webster Commission, which conducted an independent investigation into how the Los Angeles Police Department responded to civil unrest in. In, I was appointed to the Los Angeles Board of Police Commissioners and in July of, I was elected its President.. In May of 00, the City of Los Angeles was informed by the United States Department of Justice that it intended to institute an action establishing a pattern or practice of unlawful misconduct, pursuant to Section of the U.S.C and invited the City to negotiate a Consent Decree. As President of the Police Commission, I was the representative of the Los Angeles Police Department on the team that negotiated the Consent Decree, which was signed by the parties in November 00 and approved by Judge Gary Fees of the Central District Court in June 0. As Senior Adviser to the City Attorney, in 0 I was involved in the City s and the Police Department s compliance with the provisions of the decree. In 0, I was appointed to the Los Angeles Police Department by Chief of Police William J. Bratton as commanding officer of the Consent Decree Bureau. My principal responsibility was to bring the Los Angeles Police Department into compliance with the Consent Decree and to maintain adherence to Constitutional policing and to ensure that police officers and commanders at all levels be held accountable for meeting the standards or facing discipline. In 0, the City and the Department were relieved from the great majority of the requirements of the decree, as compliance with these provisions had been achieved, and a Transition Agreement replaced the Consent Decree, which contained requirements in four limited areas and. --

3 Case:00-cv-0-TEH Document Filed/0/ Page of compliance has been achieved with these requirements. I remain with the Department and now have the title of Special Assistant for Constitutional Policing to the Chief of Police and remain as one of six who report directly to the Chief of Police.. When I first joined the LAPD, there was considerable resistance within the Department to me personally and to the Consent Decree. Chief Bratton gave me his full support and announced to the entire department that I spoke for him with respect to anything related to bringing the Department in compliance with the Consent Decree. I also held the official rank of Police Administrator III, which is the equivalent to a Deputy Police Chief and was a direct report to Chief Bratton. From my long tenure as a criminal defense attorney in the Los Angeles area, and as a member of the Board of Police Commissioners, I was cognizant of the allegations of police misconduct and the culture of the LAPD that led to the Consent Decree. That type of culture can only be changed with persistent attention to Constitutional policing from the very top of the Department and by holding officers of all ranks accountable for failing to meet those requirements. After I joined the LAPD, I was assigned staff officers to assist me with bringing the Department into compliance with the Consent Decree. In addition to having the full support of Chief Bratton, the officers under my command who performed well were promoted, which sent a strong signal to sworn personnel throughout the LAPD. Even though the LAPD has achieved compliance with a Consent Decree, vigilant attention to Constitutional policing remains a core mission of the Department.. I was recently retained by the City of New Orleans in their negotiation of a Consent Decree with the United States Department of Justice. These negotiations were conducted from October to May and resulted in a Consent Decree which is presently before a federal court in New Orleans. I have also have been retained by the City of East Haven, CT to advise them on their negotiations and have had conversations with other departments concerning Consent Decrees and various aspects of the requirements of Consent Decrees. ///. --

4 Case:00-cv-0-TEH Document Filed/0/ Page of. I have reviewed portions of the plaintiff's Motion to Appoint a Receiver in the case of Allen v. City of Oakland et al. and am familiar with the issues confronting the Oakland Police Department ( OPD ) and its failure to achieve full compliance with the Negotiated Settlement Agreement ( NSA ) over the last ten years. Given this record, it is not surprising that the Court would consider appointing a receiver at this time, but in my opinion, this is not the best way to move the OPD into compliance with the NSA. Based on my experience with the LAPD, I believe that OPD should find someone from outside the Department that has the respect and confidence of the community to occupy a position similar to the one Chief Bratton appointed me to in 0. I understand that OPD and City leaders are proposing to create a new Assistant Chief of Police position dedicated solely to bringing OPD into compliance with the NSA. This is the type of rank that is appropriate given the importance of this task. Police Chief Howard Jordan would need to give his full support to the new Assistant Chief of Police with respect to all things related to compliance with the NSA, particularly with respect to holding officers accountable for their actions.. One of my most important priorities in bringing the LAPD into compliance was to develop a good working relationship with the court-appointed monitor. The appointment of a new Assistant Chief of Police creates an opportunity to improve communications and cooperation with the monitor, Chief Warshaw, who will continue monitoring for compliance with the NSA under the defendant's proposal. This would be an important step in moving OPD into compliance as soon as possible.. The alternative of appointing a receiver raises certain concerns. Imposing what in essence would be a new Chief on the OPD would cause extreme resistance to the NSA within the Department and it is my opinion that sustained compliance with Constitutional Policing can only come from within and with the support of the leaders and officers of the Department. The appointment of an Assistant Chief with the duty and responsibility of achieving compliance and working from within would assist in achieving and maintain compliance with NSA. The other significant concern I have is that while. --

5 Case:00-cv-0-TEH Document Filed/0/ Page of there is considerable experience with police departments operating under consent decrees, I am not aware of any police departments being taken over by a receiver and it is difficult to predict how such an arrangement would work on a day-to-day basis. In my opinion, assuming the right candidate can be selected, the new Assistant Chief of Police reinforces the existing command structure and gives notice to all sworn personnel that the policies and procedures will be enforced to achieve compliance with the NSA. Further, lasting change of the Oakland Police Department has to come from within. I declare under penalty of perjury under the laws of the State of California and the United States of America that the foregoing is true and correct. Executed this _th_ day of November, at Los Angeles, California. /s/ Gerald Chaleff Gerald Chaleff. --