SAN FRANCISCO — From the mayor on down, a court-appointed investigator said Wednesday that Oakland city officials mishandled and downplayed sexual misconduct allegations about the city's police department that turned into a far-reaching scandal.

In a court filing, investigator Ed Swanson put most of the blame for the bungled probe on former police chief Sean Whent, who resigned under pressure last year. Swanson said Whent's disinterest in the case set the tone for the department.

But Swanson also singled out Mayor Libby Schaaf for failing to monitor the case after she vowed dramatic reforms in the police department.

Schaaf declared in 2016 that her job was to run a "police department, not a frat house" after the teenage daughter of a police dispatcher said several officers exploited her while she was working as a prostitute. Swanson credited the mayor with acting quickly when she was first informed of the scandal and a federal judge ordered an in-depth investigation.

Continue reading the main story"But after the investigation concluded, the mayor and city administrator did not do enough to determine why the department had not investigated the case more thoroughly before the court got involved," Swanson wrote. "Although they took the appropriate step of hiring an outside attorney to investigate this issue many months passed with no investigative progress, and there is no evidence city leaders pressed to ensure this troubling and important question was being answered."

Schaaf said at a press conference Wednesday afternoon that she accepts the report's conclusions.

She said a Dec. 2 fire that killed three dozen people in a warehouse and the search for a new police chief distracted from the sex misconduct investigation in December and January.

"We agree that tone comes from the top," said Schaaf, who recently said she'll seek a second 4-year term as mayor in 2018. "That's why we set out to find a new chief."

Schaaf swore in Anne Kirkpatrick as chief on March 1 out of 30 candidates. Kirkpatrick was the second-in-command and in charge of reforming the Chicago Police Department when hired in Oakland.

"It is all repairable," Kirkpatrick said of the report's conclusions.

City administrator Sabrina Landreth said she agreed the investigation took too long to conclude, but she said city officials didn't want to interfere with the criminal prosecutions of the officers.

Four officers were fired and face criminal charges and eight others disciplined.

Swanson was appointed by a federal judge who oversees the troubled department as part of a 2002 settlement of a civil rights lawsuit. Swanson has no authority to order changes in the department, but the judge does. Swanson recommended a number of training reforms and policy changes, including involving the district attorney in internal investigations of officers under criminal suspicion and consulting the city attorney.

The department implemented many court-ordered reforms during Whent's three years as chief and was close to shedding the court oversight when officer Brendan O'Brien killed himself in 2015. O'Brien in his suicide note denied having sex with the victim despite her claims that he did. O'Brien also implicated several officers who he said had sex with the girl.

"It's a pretty devastating report," said lawyer John Burris, who represents the victim and is the lead attorney on the 2002 civil rights case that led to court oversight. "I thought the department was making real progress."

Swanson said Whent appeared disinterested in the case from the start and his attitude set the tone for the rest of the department.

Whent told investigators that he "misread" O'Brien's suicide note and a lieutenant's email message that the case was being sent to internal affairs. Whent said he read the note and the lieutenant's email but did not grasp their importance, an excuse Swanson called "not credible" in his report.

Whent failed to notify the mayor, district attorney and the federal judge about the suicide note and internal affairs investigation. Swanson said it is unclear why Whent downplayed the case.

The chief retired under pressure in June 2016 after news of the scandal emerged. His phone rang unanswered Wednesday after the report was released.

Swanson also said investigators dismissed the victim's claims because she was a prostitute.

Criminal investigators initially closed their probe after a strained, two-hour interview with the victim, who gave muddled and conflicting accounts. During that interview, they watched her delete messages on her phone sent by officers.

Swanson's report also faulted police internal affairs investigators for lackluster work. The victim was interviewed once on the phone. And two officers implicated by the victim were considered witnesses, rather than targets.

One of those officers said he was mentoring the victim to get her out of prostitution, but then admitted he texted her a photograph of his penis.
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The city paid the victim almost $1 million to settle her legal claims.

​June 21, 2017

Karen Boyd
City of Oakland
City Administrator’s Office
(510) 449-4401
KBoyd@oaklandnet.com
​

Oakland, CA — Federal Court-appointed investigator Edward Swanson released the findings today of an extensive investigation into the City of Oakland’s response to allegations of officer sexual misconduct last year. Mr. Swanson is a private attorney who was appointed by United States District Court Judge Thelton Henderson to review the adequacy of the Oakland Police Department’s investigations into potential officer sexual misconduct, what can be learned from how the initial investigations were handled, and whether City leadership responded adequately to the allegations.
 
“Last year’s sexual misconduct scandal rattled public trust in the Oakland Police Department,” stated Oakland Mayor Libby Schaaf. “We are determined to restore that public trust. We will not stop until we’ve rooted out a culture that tolerates misconduct from officers, whether they are in uniform or off duty. Simply put, we will not tolerate this kind of behavior in Oakland.
 
“We appreciate the report from Mr. Swanson and the court, and we are completely prepared to implement all of its recommendations. As an organization, this City is committed to constant self-examination and improvement. That will be true with or without Federal Court supervision.
 
“Most importantly, we now have in place Chief Anne Kirkpatrick, a leader with a track record for culture change, of holding officers accountable, who has the experience and moral character to lead the department into a bright future.”
 
The City of Oakland wholly embraces the findings and recommendations identified in Mr. Swanson’s report as essential to sustaining lasting police reforms and restoring public trust in the Oakland Police Department.
 
City Administrator Sabrina Landreth stated, “We appreciate Mr. Swanson for providing an independent lens and thorough review and analysis of the systems, processes and internal controls that must be in place to strengthen the integrity of police misconduct investigations. I firmly believe that an outside audit of our organization such as the one Mr. Swanson completed provides us with an important opportunity to evaluate the adequacy of our rules and procedures and make necessary changes to ensure we are meeting the highest standards.”
 
The report outlines nine recommendations for improvements to OPD’s investigative process. OPD has already begun to institute new practices and significant process changes designed to ensure more robust review of officer misconduct allegations and provide better and higher-level oversight of criminal and internal affairs investigations.
 
Oakland Police Chief Anne Kirkpatrick stated, "First and foremost, I hold myself accountable. I’m a police officer and have been for 35 years. I will be a steward of the power and authority that you’ve given me.
 
“Along those lines I fully accept this report and appreciate its findings. It has diagnosed a problem, but as Mr. Swanson said, in his own words, it is all repairable. He points to strong leadership, clear procedures, and a commitment on our part to view and treat all victims with care and intention. I commit to you that I can provide that type of leadership. Our past does indeed inform our future. My presence here is all about our future.”
 
Referring to the officers who engaged in misconduct, Chief Kirkpatrick added, “I represent 1,250 members of this department. Twelve people wounded 1,238 members of this department and I am a voice for them. They are hurt by and disappointed in their fellow members, but we are now all about going forward.  I personally apologize when law enforcement fails our citizens and ourselves. I come knowing about our past. I own it. And I will move us forward.
 
“Now, some people will say this as a setback. I don't see it as a setback. I see reports like this as a mirror, a launching pad for the future. We are ready to move forward. And I am proud to be your chief. I do thank Mr. Swanson for this report. We are committed to being the best of the best in law enforcement."
 
 
A video of the news conference can be viewed here.
 
 
 
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​The city’s process for selection of developers for city-owned property is not open and transparent. The real estate exception to the Brown Act does not give the council free reign to discuss policy, project vision, and RFP terms, or the authority to deliberate about and select developers, in private meetings. These matters are intended to be discussed openly in public, not behind closed doors. When deliberations occur in closed sessions, the public and those doing business with the city are given the perception that backroom deals are being made. Key questions are left unanswered for the public. Intended to protect the financial interests and negotiating position of a public agency, the Brown Act’s real estate negotiation exception limits closed-door discussions to providing direction to its negotiator regarding the price and terms of payment.