Former Oakland police commissioner files complaint against city councilman
OAKLAND - A former judge and member of the Oakland Police Commission filed an ethics complaint last week against Oakland City Councilmember Kevin Jenkins, who dismissed the allegations as false in an interview on Friday.
Retired Alameda County Superior Court Judge Brenda Harbin-Forte alleges Jenkins bullied, threatened and retaliated against Oakland Police Commission Chair Tyfahra Milele.
Harbin-Forte filed the complaint as an Oakland resident. She is demanding Jenkins recuse himself from any decision on the police commission budget and resign from the council.
Simon Russell, chief of enforcement for the Oakland Public Ethics Commission, confirmed Friday that the commission received the ethics complaint against Jenkins last Wednesday. The ethics commission has not begun an investigation, Russell said.
The unethical behavior alleged by Harbin-Forte is partly contained in an email exchange earlier this month between Jenkins' Chief of Staff Patricia Brooks and the police commission's Chief of Staff Kelly Yun.
According to the complaint, Brooks allegedly sent an "unprofessional and bullying email to Ms. Yun, which excoriated Chair Milele and Ms. Yun for Chair Milele's inability to rearrange her schedule to meet with the councilmember, and which contained this threat, in bold type: 'At this point, the councilmember is ready to join the press, community and others in asking for the resignation of Ms. Milele.' "
Harbin-Forte also alleges Jenkins "is going on a retaliatory attack against Chair Milele" because Brooks blind-copied Oakland Inspector General Michelle Phillips on the email she sent to Yun, according to the complaint.
Jenkins said he was not copied on the email exchange.
In addition to dismissing the allegations, Jenkins said a bigger picture surrounds the allegations against him but wouldn't elaborate on the record.
Harbin-Forte further alleges in the complaint that Jenkins violated state law by demanding a public discussion on an item not on the agenda. Jenkins maintained Friday the item was on the agenda because the city council was discussing the police commission budget.
Jenkins allegedly violated state law and "other provisions governing" city officials by asking Milele during a meeting on the city budget to address allegations made by the Coalition for Police Accountability and that group's demand that Milele resign as chair of the police commission, the complaint said.
The coalition alleged in a letter issued June 2 that Milele violated the Enabling Ordinance, Charter Section 604, Measure S1 and the Police Commission's Code of Conduct. In the letter, the coalition demanded that Milele resign as chair by June 8, but maintained that she stays on as a commissioner.
Milele, the coalition alleged, violated Charter Section 604 -- which was amended by Measure S1 -- by interfering with the inspector general's duties. The coalition also criticized Milele for a "lack of transparency," alleging that Milele submitted a budget to the city of Oakland without sharing it with commissioners.
The coalition's letter further claimed that Milele attempted to undermine Measure LL, a measure which first established the Police Commission and the Community Police Agency and solidified the structure of the commission, by suggesting that the commission shift to a board-of-directors model.
Harbin-Forte said Monday that the commission can choose a different governing model.
The first step the ethics commission will take is a preliminary review, which involves figuring out whether the allegations are a violation of the laws the commission enforces and if sufficient evidence exists to open an investigation.
In the preliminary review, the ethics commission is not bound by the evidence in the complaint, Russell said. The commission may do its own evidence gathering, he said.
A rally is planned for Tuesday at noon at Oakland City Hall to demand Milele and Harbin-Forte resign.