After Redevelopment: City Council to Consider Budget Adjustments Wednesday Night

At City Hall, on Wednesday, January 25, at 5:30 p.m., Mayor Quan and City Administrator Santana will present their plan to adjust the budget for lost Redevelopment Agency revenue.  While there are still unanswered questions, we don’t see any smoke, mirrors, accounting tricks or use of one-time revenue sources (if anyone else does see tricks, please let everyone know in the comments).  The plan seems to propose some genuine structural changes, and to mostly avoid wishful thinking. Furthermore, after addressing the immediate balancing needs, the Mayor and City Administrator raise a number of the major, difficult and politically volatile issues the City will have to grapple with to accomplish real budget reform.  The major elements of the plan are as follows:

  • The plan eliminates 105 positions. Twenty-three of these are in the Department of Public Works and 6.7 in Parks and Recreation; a reduction of recreation center hours would take place also.  The narrative description says the plan eliminates the head of Information Technology (a vacant position) and the head of the Department of Human Services, although whether this latter elimination will actually take place is not clear from the accompanying spread sheets.
  • Reductions of sworn police or fire personnel are not possible under the contracts between the City and the public safety unions, so there are no police or fire layoffs in the proposal.  Parking enforcement apparently gets moved from Finance to the Police Department. There are some consolidations between the two departments, and—as happens in nearly every budget discussion—a proposal to eliminate Neighborhood Safety Coordinators (this time 4 out of 9).
  • There are no reductions to Human Services or Library programs.
  • The one area of the plan that is largely undefined involves significant reductions to the Mayor’s office, City Council and City Attorney.  In each case, the proposal reduces each of these departments by “40% of Department’s Redevelopment Budget,” but offers no guidance on what the reductions might actually involve.  Unlike recent budget adjustment proposals, this one does not suggest a reduction to the City Auditor’s office.  The City Auditor has, by far, the lowest budget of any elected official.
  • KTOP, the City’s television station, faces very significant cuts.  It is not clear how this will affect the station’s ability to broadcast and archive public meetings, an important issue for government transparency.
  • The proposal substantially reduces City subsidies in 2012-13 for Children’s Fairyland (a reduction of $54,600) Hacienda Peralta (a reduction of $18,360) and the Oakland Zoo (a reduction of $216,000).
  • The Community & Economic Development Agency (CEDA) is dissolved.
  • The plan establishes an “Administrative Services Agency” to assume consolidated administrative functions related to the Finance & Management Agency, Department of Human Resources Management, Department of Information Technology, and the City Administrator’s Office.
  • The plan establishes a new “Community Services Department,” entirely focused on direct service to residents, which assumes responsibilities of the existing Office of Parks & Recreation and Department of Human Services, along with other services.

To their credit, the Mayor and City Administrator also highlight some very difficult and politically volatile issues the City will have to face to accomplish long-term budget reform. Some examples:

On the impact of voter mandates:

Ballot Measures—The City’s ballot measures that support the library system and youth programs (Kids First) should be evaluated by the City Council to determine if there is a more modem structure that allows for the City to continue to fund library and youth services, but not at the levels envisioned when the City experienced better fiscal conditions. The past budget cycles have been particularly burdened by the requirements to fund the libraries at a certain level ($9M) in order to be eligible for voter approved funds ($14M).  Additionally, the youth services funded by the Kids First measure requires that a certain percent be taken from the General Purpose Fund, but the base year is set at a time when revenues were higher; the The Measure does not allow the baseline or the set-aside percent to fluctuate based on current economic conditions experienced by the City.

On restrictions on contracting out services:

Contracting In and Out—The City Charter, Title 2-Administration and Personnel, Chapter 2.04.020 (E) (Authority of the City Administrator) has the following provision:

(3) Loss of Employment or Salary. Contracts for professional services or service-only shall not result in the loss of employment or salary by any person having permanent status in the competitive service.

This provision does not allow the City to contract out for services offered by the City, yet available in the local market; however, it should be acknowledged that some services are already obtained through this model. Many local govemments have begun the process of outsourcing services traditionally offered through civil service and procuring such services from local and regional markets. The City could look at the whole issue of both contracting in-and out services for the purpose of identifying cost savings and stabilizing services.

On benefits:

Convene Labor Management Committee on Healthcare—Staff can convene the Labor Management Committee to explore strategies related to healthcare benefits provided to the workforce. Possible options for evaluation could include: increased cost sharing, reduced benefit level, increased co-payments, reduced health and dental in-lieu payments, and/or eliminate dual coverage. Estimated cost savings could not be determined until analysis has been completed and direction is set by the City Council.

Employee Benefits—Similar to the above effort, cost containment strategies related to the level of employee benefits could be further explored. Possible options for consideration could include:

retirement (e.g., pension and retiree healthcare); sick leave payout structure; premium pays or pay associated with certificates, education levels, etc; and, compensation structure (e.g., step increases, overtime eligibility, salary ranges, etc.). Estimated cost savings could not be determined until analysis has been completed and direction is set by the City Council.

Council member De La Fuente is hosting a program on the budget cuts for constituents Tonight at 6:00 p.m. at St. Jarlath’s Church/School Campus, 2634 Pleasant Street in the school auditorium (at Fruitvale Ave just below I 580) .  Council member Brunner is hosting a similar program, also Tonight, at 7:00 p.m. at North Oakland Senior Center, 5714 Martin Luther King.

A Recall In Oakland? What’s The Real Story?

On Wednesday, January 25, 6:00 p.m., at Nile Hall, Preservation Park, 668 1th Street, the Oakland Tribune, League of Women Voters of Oakland, Maynard Institute for Journalism Education and Laney Tower present RECALL:  A Panel Discussion, The Issues, The Rules, The Risks.              

Panelists  include Oakland City Attorney Barbara Parker, Max Neiman from UC Berkeley’s Institute for Governmental Studies and Professor Cory Cook, Department of Politics, University of San Francisco.  More information in the flyer below:

Cal Supremes Shrink Oakland’s Purse–Now What’s The City’s Plan?

When I was mayor of Oakland, I built a lot of good things. I liked redevelopment. Didn’t quite understand it; seemed kind of magical. It was the money that you could spend on stuff that they wouldn’t otherwise let you spend.

— California Governor   (and former Oakland Mayor)  Jerry Brown, quoted on NPR.

Oakland’s operations budget just shrank by $26 million.  What is the City going to do about it?  That’s a big part of what was at stake in the Redevelopment Agencies’ lawsuit against the State, which the State won today.

Here’s what happened:  California has about 400 redevelopment agencies.  Their mission is to clear and replace blight and to provide low and moderate income housing.  The Oakland Redevelopment Agency, like many others, is run by the City Council, whose members are also directors of the agency.  Although  Oakland has not yet published a Redevelopment Agency Budget for 2011-12 (and it isn’t clear to us if the City Council has adopted such a budget), the Oakland Redevelopment Agency Budget for 2010-11 was about $127 million. By law, redevelopment agencies are funded primarily by “tax increment,” the portion of property taxes generated by increasing the assessed value of redeveloped property.  Planned redevelopment projects in Oakland include the Coliseum and MacArthur BART transit villages and Oakland Army Base development.  A new A’s stadium has been discussed as a potential redevelopment project if the A’s do not leave for San Jose, although there is some doubt about whether there could be sufficient funding for any significant portion of a stadium.

But Oakland didn’t just use it’s redevelopment funds for tearing down and building things.  About $26 million per year from the Redevelopment Agency goes toward Oakland’s operational expenses.  RDA funds pay for 17 police officers, large portions of the City Council and Mayor’s offices, more than 10 employees each in the City Administrator’s and City Attorney’s offices and 83 employees in CEDA.  All told, for 2011-12, RDA funds are budgeted to pay for 159 FTE’s outside the Agency.

For years, the legislature would routinely reroute tax increment monies to the State to help balance California’s budget.  So in 2010, the agencies sponsored, and the voters passed, Proposition 22, which amended the State Constitution by prohibiting the State’s  “raiding” of redevelopment funds.

To balance this year’s, and future years’ budgets, the California legislature passed two redevelopment-related bills.  The first (AB 26X1)  abolished redevelopment agencies effective October 1 of this year, stopping new projects and rerouting the tax increment not needed for existing agency debt to schools and other districts.  The second (AB27X1) exempted cities and counties from the dissolution  if they made annual payments to the state to be allocated among schools and districts.  According to the State Department of Finance, Oakland’s payment for 2011-12 would be $39.6 million.  Clearly, AB27X1 was intended to mitigate the impact of AB26X1.  We understand Oakland planned to pay this out of redevelopment funds.

This morning, the California Supreme Court issued its ruling upholding the abolition of the agencies.  But it also invalidated the mitigation measure as a violation of Proposition 22.

Regardless of what one thinks of the redevelopment process or the Oakland RDA, this seems to constitute an enormous hit to the City’s General Purpose fund.  The $26 million loss is more than 2 1/2 times the amount of the recent, failed parcel tax.  Put differently, the total budget for the mayor, city council, city administrator, city clerk and city auditor totals about $24.7 million.  The loss of redevelopment dollars the City planned to use for operational expenses is even more than that.

Throughout 2011, Mayor Quan has repeatedly warned of the dire consequences of having to make the payments required by the now voided   AB27X1.  But the recently released Adopted Policy Budget for the City (warning — large, slow-loading file) does not appear to contain any contingency for losing the RDA altogether.  It has been clear at least since the Supreme Court’s hearing that this was a distinct possibility.  Oakland needs to hear from its leadership what the plan is to fill the void.

Public Pension Workshop This Thursday

Nobody who is concerned about stable and responsible state, county or city budgeting can ignore the issues presented by public pensions.  Whether it’s Governor Brown’s recent proposal, San Francisco’s recent Measure C or some of the recently proposed state ballot initiatives, pensions and how to fund them are critical parts of our policy and political discussion.

This Thursday evening, Oakland City Auditor Courtney Ruby and First District State Board of Equalization Member Betty Yee present what promises to be a very valuable workshop on these issues:

Pension Reform Explained

Thursday, December 8, 2011

Time:    6:00 PM – 8:00 PM

Place:    Oakland City Hall

1 Frank H. Ogawa Plaza

Oakland, CA 94612

City Auditor Ruby’s staff tell us there will be two guest speakers providing 20-30 minute presentations on pension reform from the administrative (CalPERS) and ballot initiative (Proposition C, San Francisco) perspectives.  After the presentations, the program will shift to a Q&A/discussion period moderated by Board of Equalization Member Yee and Auditor Ruby.

Confirmed speakers:

Alan Milligan, Chief Actuary, CalPERS

Mr. Milligan serves as Chair of the Californian Actuarial Advisory Panel, which provides information to the Legislature, Governor, public retirement systems, and other public agencies on pensions and other post-employment benefits, as well as guidance for best practices.

Micki Callahan, Human Resource Director, City and County of San Francisco

Ms. Callahan is a recognized expert on pension systems and San Francisco’s Proposition C, a pension reform measure passed last month by San Francisco voters.

Call-ins and Crime Reduction in Oakland, Part II

In our last post, we talked about David Kennedy’s violence reduction strategy, sometimes known as the “Ceasefire” program. 

Guess what? We actually started a Kennedy-inspired violence-reduction program here in Oakland. We called the heart of the program “call-ins.” It was operated by Oakland’s Department of Human Services together with the police, Oakland Community Organizations (“OCO”) and with Measure-Y funded “outreach workers.”  

In the spring of 2010, OCO put together one of its “actions” to bring attention to the need for more funding for the “call-ins.” OCO asked for $1 million to save young lives. Three Councilmembers (Quan, Kaplan and Reid) attended the action.  All spoke enthusiastically about the program.  None promised funding.  

But Oakland received literally millions of dollars from the State and Federal government to support the Call-in program. As described on the Governor’s web site

Oakland Gang Reduction, Intervention, and Prevention Program (O-GRIPP) will build upon the City’s Measure Y, a $20 million per year investment in crime reduction, to implement a strategy modeled after the Boston Operation Ceasefire project.  O-GRIPP will target six contiguous police beats in West Oakland.  It will fund a data analyst, case manager, expanded involvement of the Mayor’s Street Outreach Coordinator and a targeted community education message.  It will also form a West Oakland Public Safety Council that will be the focus of neighborhood crime reduction planning.  O-GRIPP will use data from probation, parole and police to identify gang-involved individuals and invite them to Call-Ins where law enforcement will outline sanctions for future violence, and job support service programs and employers will offer training, services and jobs. 

But the program really never got off the ground.  First, it operated mostly as a program offering social services, not the kind of “carrot and stick” program envisioned by Cease Fire.  Second, it brought in ridiculously small numbers of participants.  From September, 2009 until June, 2011, there were 15 call-ins, with a total of only 113 participants.  Two of the call-ins yielded only one participant.  By comparison, we understand a recent Bakersfield call-in had 350 participants. 

The call-in program did not measure violence reduction.  Instead, the goal seemed to be how many participants received job or education referrals, obtained jobs, received transportation passes, legal services, resume assistance, etc.  So the one reason for this violence reduction strategy – reducing firearm violence – has never been measured. 

And then we abandoned the program.  The police declined to participate further.  And nobody seems to know what, if anything, will happen next. 

As Kennedy puts it, dealing with the “bad” guys is not the problem–we do know how to deal with them, justly and effectively. The problem is dealing with the “good” guys–the well-intended but short-sighted elected officials who fail to properly manage programs and fail to provide ongoing support. 

Violent crime in Boston, after it declined greatly for a few years, came back up. The Kennedy-style programs were stopped. Now the programs are starting up again. Oakland’s program barely got started and then had implementation problems, so it was dropped. According to Oakland Deputy Police Chief Ersie Joyner, our problem was finding jobs for the young criminals who wanted to abandon violence and change their lives. So we dropped the program. 

Here we are, well into a fifth decade of more than 100 homicides on average annually in Oakland. There is plenty of evidence that properly implemented cease-fire programs really work. Indeed, one of Kennedy’s colleagues in violence-reduction program development has his office here in crime-ridden Oakland–he is Stewart Wakeling of the Public Health Institute. 

As with so many of Oakland’s problems, what we are lacking is the leadership and focus of our “good” guys. We need to deal effectively with our “good” guys so that we can start dealing  effectively with the bad ones.

Call-ins and Crime Reduction in Oakland, Part I

For the last several weeks, much of the political talk in Oakland has centered around Occupy Oakland, the encampment, responses by the mayor, police and city council, and whether the mayor should be recalled.

These are important issues of the moment.  But once they have faded, Oaklanders will still have to face the fact that their city has the fifth highest crime rate in the United States and its homicide rate is on a pace to hit 107 in 2011.  With a twenty percent drop in sworn officers and plans to reduce police staffing even further, Oakland has no meaningful plan to reverse these trends and address the largest problem our City faces.

In the next week to ten days, we will be talking about a true gun violence reduction strategy that has worked in ten other American cities.  This strategy does not require an enormous influx of police officers.  The strategy acknowledges what Oakland politicians have long said: that you “can’t arrest your way out” of violent crime and that the continued incarceration of young, poor black men is getting us nowhere.  The strategy depends on a coordination of strict, police-enforced rules of conduct, availability of social services and most importantly, an understanding of this fundamental fact:  the people involved in most of our violent crime absolutely hate the violence.

Members of our community who believe that only policing will end crime will have a difficult time with what is sometimes disparagingly referred to as the “hug a thug” aspects of this strategy.  Activists who believe on ideological grounds that police are the problem and not the solution will likewise object.

But neither side of this debate can quarrel with what the numbers show.  This strategy results in dramatic reductions of violent crime for as long as the strategy is followed.  And the crime rate goes right back up again when the strategy is abandoned.

Today we talk about the strategy and its measured results.  In part II, we will talk about Oakland’s “Call-In” program, why it doesn’t work, and how it can be fixed.  And in part III, we will talk about lessons Oakland can learn from other cities.

Don’t Shoot

 Last month, David Kennedy, a criminologist at New York’s John Jay College, spoke in Oakland and elsewhere locally about proven methods for reducing urban violence, especially among young men involved in gangs. Kennedy’s book, Don’t Shoot: One Man, A Street Fellowship, and the End of Violence in Inner-City America describes dramatic successes in reducing homicides and other violent acts by 50% within a short period of time in Boston and in other cities. A shorter version of Kennedy’s story, from the June 22, 2009 New Yorker, is available here.

At first blush, the Kennedy strategy seems naïve.  But it actually works.  While the strategy varies from city to city, the basic components are these:  Young gang members are asked to come to a meeting of community members, clergymen, local officials, city and federal law enforcement officers. At these “call-ins” the young people are told that there is enough evidence of their criminal activities to put them in jail. They are also told that all the community members and others present care about them and believe that they are essentially good people with potential to live socially productive lives. They are offered help to learn how to get along in mainstream society, and to contribute to it without violence. They are offered the choice of jail or joining society.

This is a carrot and stick strategy.  Gang members are told that if they continue their violent ways, law enforcement will come down on them like a ton of bricks.  If they renounce violence, the community will make job, remedial education and other services available to them.  It is essential that “you don’t write checks you can’t cash.”  This means that both services and suppression have to be fully available.

As Kennedy said at his presentations, “We know how to end violence in our communities.”  These programs really seem to work.  The programs have been tried in eleven different communities.  While the programs and the metrics have differed, the outcomes have almost always been remarkable:

Study                                                              Main Outcome

Boston Operation Ceasefire                          -63% youth homicide

Indianapolis IVRP                                            -34% total homicide

Stockton Operation Ceasefire                     -42% gun homicide

Lowell PSN                                                          -44% gun assaults

Cincinnati CIRV                                                -36% GMI  involved homicides

Newark Ceasefire                                              NS  reduction gunshot wound incidents

LA Operation Ceasefire                                  Sig short-term red. violent gun crime

Chicago PSN                                                        -37% homicide, -30% recidivism rate

Nashville DMI                                                  -56% reduction drug offenses

Rockford DMI                                                  -22% non-violent offenses

Hawaii HOPE                                                     -26% recidivism rate

Source:  Braga & Weisburd, 2011, The Campbell Collaboration, The Effects of the Approach on Crime.

Kennedy observes that this strategy does not work if it is looked at as another program.  It needs to be a way of life.  If it is a “program,” cities eventually stop using it, and the crime begins to rise again.  This happened in Boston and many of the other cities where the strategy initially had success.  The strategy requires institutional memory and the departments implementing it must take the long view.

In our next post, we will talk about Oakland’s version of the Kennedy-inspired violence reduction strategy.

A Letter To All Oaklanders: We Need Your Help Tomorrow

Dear Oaklanders,

Tomorrow, October 29 at 10:00 a.m. at 1148 E. 18th Street, Suite 10, Make Oakland Better Now! co-hosts the kickoff meeting for two critical signature gathering campaigns, one for City Council term limits and one for a budget reform charter amendment imposing a rainy day fund – a forced savings account – on the City once its finances begin to recover.

Those of you receiving this message – the 300+ of you on our e-mail list and the 400+ members of our Facebook Group – have already heard about these measures and tomorrow’s event. But this is a special request to all of you from the MOBN! board – please come out on Saturday; we really need you.

For the past 27 months, here are some of the things we have done:

  • In our posts, first at our web site and now at Oaktalk, we brought you information about what’s going on in City Hall and ideas about how to make our City a safer and better functioning place to live and work.
  • In our “Tasty Pastry” series, we brought you detailed information about Oakland’s budgetand its budget processes.
  • During the Mayor’s race, we obtained answers to detailed questionnaires from nearly allhe mayoral candidates (including all the major candidates). Unlike many unions and other organizations who use candidate questionnaires, we made ours available to the public, publishing them on Oaktalk and at Oakland Local.
  • We are continuing our efforts to be effective advocates at City Hall for the manyOaklanders who believe the crime rate in our beautiful city is morally unacceptable,that our streets cannot be allowed to continue to crumble, that the culture of governmental secrecy must stop, and the broken budget process must be fixed.

Our next step is something we cannot do alone. We need boots on the ground, and that means we need you.

We realize term limits and this budget reform won’t come close to solving all of Oakland’s problems. And in the coming months, you will be hearing from us about more measures. But these are the first steps we must take in order to end the political atrophy at City Hall and prevent our elected officials from engaging in the repeated overpromising and overspending that has caused our current predicament.

We have less than six months to collect almost 40,000 signatures in order to place these measures on the 2012 ballot. This will take hard work, dedication and many, many volunteers. The road to real reform will be a long one. But we take our first steps tomorrow.

Please join us.

If you can make it and you haven’t told us already, please RSVP to

Oaklanders@MakeOaklandBetterNow.org.

If you can’t make it tomorrow but you still want to help, please send an e-mail with that information to Oaklanders@MakeOaklandBetterNow.org. One of our organizers will contact you soon.

Thanks for any help you can give. We look forward to working with you as we Make Oakland Better.

Sincerely,

The Make Oakland Better Now! Executive Board

What Does It Take To Reduce Crime? A Report On Professor Zimring’s Presentation, Part II

In our first post on this subject, we provided some of the remarkable crime reduction figures from Professor Franklin Zimring’s study of New York City.  Today, we will review some of his views about what works, what doesn’t work, and what the unknowns are.

Professor Zimring presented a chart categorizing changes in New York policing as either effective, probably effective, unknown as to effectiveness or not implemented.  The changes, categorization and his comments are as follows:

Effective Hot spot policing;Destruction of publicdrug markets He observed that destroying the public drug markets does not reduce drug use, but significantly reduces violence associated with the drug trade
Probably effective Increased manpower;Compstat management and Mapping;Gun program Answering a question about Oakland, he (a) declined to state how many police officers were needed, saying there was no “optimum” number;  (b) said that Oakland needs ten times its current number of crime analysts, that these are inexpensive force multipliers and Chief Batts had been frustrated by having almost none;  and (c) addressed the issue of “cease fire” gun programs by observing that this meant different things in different cities, with different levels of proven effectiveness.
Effectiveness not known Aggressive arrests and stops He noted that in 2009, New York City police made 581,000 stops and frisks, that while the number of felony arrests went down the number of misdemeanor arrests went up, and said the purpose of these stops, frisks and misdemeanor arrests was to either to make the arrest itself the punishment (without regard to the criminal justice system) or to get finger prints.  He stated there was insufficient evidence one way or the other as to whether these practices played a role in reducing crime.
Not implemented. . “Zero tolerance policy”“Broken windows policy” Professor Zimring called these “urban legends,” adding that “zero tolerance” hasn’t been tried in New York and hasn’t been tried in Moscow.

Professor Zimring identified a number of other important findings, some of which are critical for Oakland. Among these:

From 1990 to 2006, jailing and imprisonment nationwide increased by 63%. In New York, it decreased 21%. By 2006, the incarceration rate in New York was half that of the country as a whole. So its not that incarceration decreases crime. The opposite is true: decreasing crime decreases incarceration, and its very substantial cost. And conceptually, of course, decreasing the cost of incarceration makes money available for many other government services, including, potentially, more police.

Also, while decreasing crime in the population as a whole, New York decreased it among previously convicted persons even more. In 1985, the New York recidivism rate (defined as reconviction by persons incarcerated for felonies in the previous three years) was 21%. By 1990, it had climbed to 28%. In 2005, it had dropped to 10%, a 64% drop in 15 years. In the rest of the country, of course, recidivism rates have climbed (to a stunning 67.5% in California).

Finally, while more job opportunities are good, the state of the economy and the availability of jobs does not affect the amount of crime.  As the United States experienced the recession of 2007-2009, its urban violence dropped during the same period. With the exception of drug dealing, urban criminal activities are not meaningful economic efforts. They are situational, contingent activities, which Zimring describes as recreational, and they shut right down under increased law enforcement.

Professor Zimring offered four takeaways from his research:

First, police matter.  Sufficient police staffing is essential to making cities safe.

Second, focusing on drug crime violence goes a long way toward reducing the homicide rate.

Third, we don’t have to continue investing in imprisonment to lower crime rates.

Finally, cities, or certain city neighborhoods, do not have to be crime factories. Most of those who commit crimes act contingently and opportunistically; so effective police work can greatly reduce the amount of crime.

Occupy Oakland Police Sweep Resulted From A Failure of City Leadership

No one who watched the eviction of demonstrators from Frank Ogawa Plaza can feel good about the way this situation was handled.  Nor can anyone fail to be stunned and saddened by the serious injuries sustained by Iraqui War veteran Scott Olson.  The failures at the root of Tuesday’s terrible events, however, were not policing failures; they were failures of City leadership and management. For that we have to look to the Mayor’s office.

History tells us that even the best planned and most carefully executed police action of this type, involving demonstrators who typically show a range of behavior from absolute non-violence to provocation to assaults on officers, will invariably result in some injuries.   Notwithstanding Mayor Quan’s attempts yesterday to minimize her own knowledge and involvement, the police in this case were simply doing as they were told.

Questions to be answered are these: how did things reach the point where this police action was necessary? Why did the Mayor and City Council send mixed messages to the demonstrators–one day “showing solidarity,”  camping with them, leading them to believe they were welcome at the Plaza, and then later moving to an action like this when the demonstrators settled in for a prolonged stay?

The demonstrators had a right to peacefully assemble and express themselves. However, this was public land designated for multiple purposes. The City is responsible for that land.   Well-settled law tells us that the City had both a right and a responsibility to balance the right to demonstrate on public land with narrowly constructed, content neutral restrictions that still allowed the demonstrators to get their message out.  The responsible course of management from the start was to make very clear the city’s reasonable time, place and manner rules for the use of the plaza.  No mixed messages, no trying to have it both ways.

Here is how it should have worked. The Mayor should have communicated with the group once it arrived two weeks ago, advised them of the need for a permit to occupy the plaza, and then spelled out what the requirements for the permit would be.  In other cities (and here too), camping in a public plaza or city park is not permitted–but assembling for free speech is.  As an example, a permit could have stipulated that the group may assemble, but could not camp. Group members would not be allowed there if they destroyed or damaged property, or impeded the ability of others to also use the plaza. As long as the permit restrictions were not drawn to censor what the demonstrators were saying, AND so long as the restrictions were narrow (not a big infringement) and tailored to advance a public interest (e.g., public safety) AND allowed the demonstrators to get their message out–the permit would be lawful under the First Amendment. The demonstrators would still be allowed to protest–and Tuesday’s chaos would not have occurred.

Mayor Quan managed the last two weeks’ events very badly.  She exacerbated the management failure yesterday by denying involvement in the planning of the police action and trying to pass the blame to the City Administrator.  While offering at best faint praise for the police  (“The mayor said ‘I don’t know everything’ when asked by reporters if she was satisfied with how police conducted the sweep”) she inferentially faulted 1% of them.

This week’s episode conjures memories of 2010, when City Council members, including then Council Member Quan, inserted themselves between police and demonstrators  in the aftermath of the Oscar Grant verdict, allegedly to protect the demonstrators from the police–but more likely to posture for news pictures in the middle of an election.

We don’t know if every officer at the scene did everything correctly.  But we do know that the entire problem could have been avoided if the City had laid out reasonable, clear and consistent conditions for allowing the Occupy Oakland demonstration from the start. Tragically, the City’s leadership sacrificed clarity of position in favor of photo opportunities and mixed messages.

 

What Does It Take To Reduce Crime? A Report On Professor Zimring’s Presentation, Part I

Nearly everyone in Oakland has opinions about crime and how to reduce it.  Often public discussions in Oakland about these subjects devolve into an ideological conflict. Some think more police are the answer.  Others feel that police can’t be trusted and social programs are all we need. Meanwhile, our mayor supports a “balanced approach” without offering any metrics or data to show us which of the elements in that “balanced approach” actually reduce crime.

Make Oakland Better Now! believes that in public safety, as in every governmental endeavor, decisions must be made on the basis of data and metrics, not on opinion or ideology.   MOBN believes that in public safety, government decisions must be based on competent analysis of data rather than on ideology or opinion. We also are convinced that there are not sufficient data or analysis of data to show whether our non-police social programs are effective in reducing crime. We believe that Oakland cannot afford to spend any money at all on either police efforts or violence prevention programs that cannot be shown to reduce crime.

So we were very pleased that Oakland City Council Members Libby Schaaf and Pat Kernighan invited Professor Franklin Zimring to speak at a public meeting Sunday.  Professor Zimring, Berkeley Law Professor and recognized  dean of the academic study of American criminal justice, is the author of “The City that Became Safe;  New York’s Lessons for Urban Crime and Its Control.”   He spoke before a group of more than 50 community members at St. Lawrence O’Toole Church, describing his study of New York’s crime rate reduction between 1990 and 2009.   Zimring shows clearly that increased police staffing combined with properly-focused police work can greatly reduce crime.

The numbers from New York City are truly stunning. Starting in  1990, New York added about 7,000 police officers.  The force also began using much more aggressive policing tactics.

From 1990 to about 1999, the entire United States, including Oakland, experienced a substantial reduction in crime.  But New York City, unlike any other major city in the country, experienced a drop in crime twice as big and lasting twice as long.  A comparison of the drop in  “index” crimes of homicide, robbery, rape, assault, burglary, auto theft and larceny shows that in 2009, New York City experienced:

  • 18% the number of homicides as in 1990;
  • 16% the number of robberies;
  • 23% the number of rapes;
  • 33% the number of assaults;
  • 14% the number of burglaries;
  • 6% the number of automobile thefts;
  • 37% the number of larcenies.

After controlling for the national decrease in crime and some other factors affecting Manhattan but not the other boroughs (significant per capita income increase and gentrification), Zimring noted that the overall decrease in crime was consistently 21% greater than the national average for 19 years.  He concluded that once other factors were teased out, police efforts could be shown to have caused the following reductions in crime:
Homicide:      12%
Rape:          15%
Robbery:       32%
Assault:        4%
Burglary:      32%
Auto theft:    21%
Larceny:        2%

In our next post on Thursday, we will review Professor Zimring’s research on what works and what doesn’t work.