Oakland officials have flagrantly violated transparency law

Public belief in Oakland’s management hit a nadir final yr.

Residents had seen crime charges shoot up, federal brokers raid the mayor’s home, voters recall mentioned mayor, and the town plunge right into a monetary disaster. It’s no marvel {that a} metropolis funds survey present in 2024 that “satisfaction with native authorities is at a document low.”

In any respect ranges of presidency, there are legal guidelines designed to construct public belief by offering transparency into what highly effective officers are doing and saying, so residents and taxpayers can maintain them to account and weigh in. One such legislation is the California Public Records Act. This act was modeled on a federal legislation you’ll have heard of known as the Freedom of Data Act. 

Enacted in 1968, the state legislation established a “fundamental and necessary right” to entry state and native authorities data. The legislation says that each one authorities data are open to the general public except it supplies an eligible cause — an “exemption” — for why a specific document could be saved secret. And the legislation spells out precisely what authorities officers have to do after they get a public data request: promptly seek for and hand over data.

Elected officers in Oakland know all of this, as a result of they and their workers are trained within the California Public Information Act after they enter workplace, in keeping with the town. Every councilmember has workers members who usually help with data requests. In addition they have entry to the City Attorney’s Office, a spokesperson instructed us, the place they will ask questions on compliance with difficult requests.

However The Oaklandside has discovered most of them usually flout their obligations beneath the legislation, both replying to requests weeks or months after the authorized deadline, offering incomplete responses, or ignoring requests altogether. 

Longstanding Councilmember Noel Gallo stands out: he has illegally ignored nearly the entire 14 requests we’ve filed along with his workplace.

We reviewed 179 data requests submitted by our information group to elected officers throughout the town since 2023. What we discovered is a usually abysmal response price. Except for the Oakland Metropolis Legal professional’s workplace, practically all officers and their workers persistently didn’t adjust to the legislation, however a few them, together with Gallo, have notably egregious data. For this story, we centered on 91 requests to the present sitting councilmembers, since they’re among the many strongest elected officers in Oakland’s authorities. The Oaklandside additionally recordsdata requests with metropolis departments however we’re not addressing these on this article. 

Sam Ferguson, an East Bay legal professional who focuses on suing authorities businesses for failing to adjust to public data legal guidelines, instructed The Oaklandside that the Oakland Metropolis Council’s observe document isn’t in compliance with the legislation. (Ferguson represented a gaggle of journalists who sued the Oakland Police Division for failing to adjust to public data legislation. In 2021, the town agreed to settle the case by clearing its backlog of data requests. Ferguson additionally represented The Oaklandside information editor Darwin BondGraham in a special lawsuit.) 

“It’s unhappy to see Oakland’s leaders undermining transparency. Our elected leaders set the tone for the town,” mentioned Ferguson. “Why ought to we anticipate metropolis businesses to facilitate public entry when these on the prime fail to take action?” 

Solely 39% of our data requests to councilmembers have been fulfilled

The Public Information Act broadly defines public data as “Any writing containing info referring to the conduct of the general public’s enterprise ready, owned, used, or retained by any state or native company no matter bodily kind or traits.”

The legislation goes additional, making clear that “writing” truly means each attainable type of communication or illustration, “together with letters, phrases, footage, sounds, or symbols, or combos thereof, and any document thereby created, whatever the method wherein the document has been saved.” Which means datasets, movies, audio recordsdata, and all types of different stuff are included in the definition of what a public record is. The legislation additionally applies to private units utilized by officers for metropolis enterprise. 

Once they obtain a public data request, officers, together with elected leaders and authorities workers, should reply inside 10 calendar days to let the requester know whether or not the data exist, though they will request a 14-day extension. 

The legislation doesn’t require officers to supply data inside a sure timeframe, simply that they achieve this “promptly.”

We wished to find out if Oakland’s elected officers – and particularly present members of the town council – are following the legislation. There are some limits to our findings. Our story solely covers public data requests filed by reporters who work for The Oaklandside; we didn’t embrace requests filed by different newsrooms or members of the general public. We didn’t file an equal variety of CPRA requests with every elected official, and our complete tally contains some councilmembers who’re not in workplace. 

What we will say with confidence is that nearly each official who has gotten at the least one public data request from us is failing to observe the legislation. 

We’ve filed 91 public data requests with present members of the Oakland Metropolis Council. In solely 13 of these circumstances did an official tell us throughout the legally mandated 10-day interval whether or not or not they’d data. And as of early September, after we first reached out to councilmembers for this story, they’d solely accomplished 36 of our requests — roughly 39%. The newest request in our evaluation is 5 weeks overdue, and lots of have been languishing for months and even years. 

In some circumstances councilmembers turned over data that weren’t usable. For instance, one councilmember shared a replica of their month-to-month calendar however as a single screenshot, which prevented us from seeing their particular person day by day conferences. In different circumstances councilmembers notified us they had been withholding data that we later decided they possessed. And in others, councilmembers partially complied by offering some data and are nonetheless within the strategy of turning over extra. For the aim of this story, we didn’t rely these data as “full.” 

When councilmembers responded to our requests, they typically interpreted the legislation’s exemptions very otherwise. The legislation permits authorities officers to redact — blackout — info in a document that doesn’t need to be launched. This will embrace personal cellphone numbers, emails, or different delicate info. Oakland’s metropolis leaders had been inconsistent about what they selected to redact. 

For instance, councilmembers Charlene Wang and Rowena Brown every offered us the identical document of an electronic mail invitation to a closed Metropolis Council assembly in response to requests we made to each places of work. Wang offered the entire invitation, whereas Brown redacted the names and electronic mail addresses of each invitee, basically sending us a piece of black ink.

One document we ceaselessly ask councilmembers for is their calendar of appointments. This provides us a transparent image of who elected officers are spending time with, and how much work they’re doing for constituents. We’ve used these data to write down tales about insurance policies that is likely to be on the horizon. Some councilmembers have by no means given us a replica of their calendar, together with Gallo and former Councilmember Treva Reid. Others have turned over schedules in a format that cuts off important quantities of textual content, making it inconceivable to inform who was at a gathering or what was being mentioned. 

The town legal professional, who can be an elected official, has a considerably higher response price than the councilmembers. Of the 39 requests we filed with the town legal professional since 2023, 24 led to a response inside 10 or fewer days. General, the Metropolis Legal professional’s Workplace accomplished 38 of our public data requests and partially accomplished one. 

We contacted every present councilmember and requested interviews with them for this story. We additionally despatched them hyperlinks to the excellent requests we’ve with their places of work and requested them to elucidate why they haven’t fulfilled them but. 

A number of of them didn’t reply, however some started fulfilling requests shortly after we reached out to them. Councilmember Carroll Fife — whose spokesperson mentioned she was “not obtainable” for the request after which didn’t reply to a number of follow-ups — later posted a video on Instagram the place she defined to constituents and the press how her workplace handles public data requests. We discovered that some newer councilmembers, resembling Zac Unger, have been diligent about finishing public data requests. Different legislators who’ve been on the council longer have a lot spottier observe data. 

Oakland’s longest serving councilmember, Noel Gallo, nearly by no means responds to public data requests

Noel Gallo was elected in 2012, making him the longest-serving member of the Oakland Metropolis Council. Gallo has served because the chair of assorted council subcommittees, and earlier this yr his colleagues voted for him to serve briefly because the council president, which gave him the facility to schedule laws and run conferences.

The Oaklandside has filed 14 public data requests with Gallo since 2023. The councilmember solely responded to 2. Even in these circumstances, Gallo didn’t reply throughout the legally required 10 days. 

Listed below are a number of the data we’ve requested for that Gallo by no means offered:

• A duplicate of his calendar
• Communications he obtained earlier than and after a council vote on a hotly debated decision in help of a Gaza ceasefire
• His communications with lobbyists for the recycling firm Argent Supplies, which had reported to the town that they had been involved with Gallo’s workplace
• Communications associated to a council decision concerning PG&E 
• Communications concerning safety corporations bidding on a metropolis contract

Gallo didn’t reply to a number of interview requests for this story. 

Council President Kevin Jenkins didn’t present data we imagine he has

Kevin Jenkins is Oakland’s council president and earlier this yr served as interim mayor. We’ve filed 25 public data requests with Jenkins, lots of them this yr as a result of we wished to find out about his actions as the top of the town. 

To this point, Jenkins has accomplished six of those requests. He has ignored the bulk we filed between 2023 and 2025. These embrace requests asking for: 

• His communications with lobbyists for Northeastern College a few personal police power
• Communications with constituents about proposed adjustments to OPD’s car pursuit coverage
• Textual content messages with San Francisco Mayor Daniel Lurie 

Earlier this yr, Jenkins instructed an Oaklandside reporter that he has textual content messages from group members describing what they see as disparate and unfair protection by The Oaklandside of Black officers and leaders. After listening to this, we filed a public data request for the textual content messages. 

In a cellphone name two weeks later, Jenkins instructed the reporter he wasn’t ignoring the request, however mentioned he wasn’t certain they had been public data. He by no means ended up turning over the data or citing a authorized exemption for why he couldn’t. 

In one other case, Jenkins claimed he didn’t have data that we later confirmed had been in his possession. On April 30, we filed a request for Jenkins’ communications with lobbyists for Airbnb. The corporate’s lobbyists reported earlier this yr that they’d contact with Jenkins to debate short-term rental insurance policies and partnering with native organizations to help the humanities, housing, and particular occasions. 

A Jenkins staffer dealing with the request responded on June 30 claiming there have been “no data conscious of this request.” 

Nonetheless, later, we discovered on the town’s data portal {that a} totally different individual had requested communication data from Jenkins’ mayoral workplace whereas he was in that function. We had been capable of evaluation the data Jenkins produced in response to this request, and we discovered inside these recordsdata a number of emails between Airbnb lobbyists and Jenkins. (We additionally discovered that a type of lobbyists solicited marketing campaign contributions from Airbnb for Jenkins. Jenkins instructed us he was unaware of this effort and a contribution was by no means made.)

On April 17, we filed a request asking Jenkins for any direct messages he despatched or obtained by his social media accounts, together with X. On June 30, Jenkins’ workplace responded, claiming he had no data. Nonetheless, we independently obtained data of Jenkins speaking with a neighborhood political activist by direct messages on his X account throughout the time interval lined by our request. 

Jenkins declined a number of instances to be interviewed for this story. However Jenkins’ chief of workers, Patricia Brooks, instructed The Oaklandside that a number of the requests we filed along with her boss had been delayed because of a mixture of technical and communication points with the town’s IT Division. IT helps course of lots of the requests that contain looking out digital data, resembling emails. 

Brooks additionally famous that the District 6 workplace was not chargeable for the requests we filed when Jenkins was interim mayor between January and Might. These requests would have been dealt with by workers within the mayor’s workplace.  

A few of these requests took a tortured path between the 2 places of work. 

For instance, on March 20 The Oaklandside filed a request for data of text messages between Jenkins and San Francisco Mayor Daniel Lurie. The request was assigned to a staffer within the mayor’s workplace who by no means instructed us whether or not any responsive data had been situated. 

In line with Brooks, the request was then moved to the District 6 workplace on June 30, roughly a month after Jenkins returned to his function on the town council. Worker turnover within the district workplace resulted within the request not being addressed for a number of extra weeks. Brooks mentioned she grew to become conscious of the request after the IT Division notified her that it was overdue. After gaining authority over the request, Brooks reassigned it on September 17 to return to the mayor’s workplace. To this point, this request has not been accomplished. 

Different councilmembers have combined data

Zac Unger, who represents District 1, had the only real good observe document — however he solely entered workplace this yr and we’ve solely requested data from him 4 instances.

Unger instructed us he has a staffer who jumps on requests as they arrive in. 

“He is aware of my philosophy is I wish to reply to them as rapidly as attainable,” he mentioned. 

Unger known as the Public Information Act a “well-intentioned act with some unintended penalties that make life troublesome.” 

Unger recalled a time when somebody sought each electronic mail their workplace had obtained that included the phrase “fireplace.”

“I had simply taken workplace, and each electronic mail was, ‘Hey, I was a firefighter too.’” (Unger was an Oakland firefighter previous to his election.) “It takes us an infinite period of time to undergo and redact; it’s a must to undergo 1000’s and 1000’s of emails to ensure you’re not sending out privileged info.”

However, he mentioned, “it’s not for me to say what’s legit or not. The legislation is the legislation.”

The legislation, because it has been interpreted by courts, does permit officers to disclaim a data request whether it is “unduly burdensome” and “overbroad.” 

District 7 Councilmember Ken Houston was elected similtaneously Unger, in November 2024. Once we reached out to Houston in September, he had accomplished 5 of the seven requests we filed along with his workplace. Within the final three months he’s accomplished the opposite two. 

Houston mentioned he appreciates the California Public Information Act and made use of the legislation himself earlier than he was a part of the federal government.

“The general public ought to have readability on what you’re doing,” Houston mentioned. “However somewhat extra time can be appreciated.” 

As a brand new official, “you get bombarded” with emails and requests, he defined. “Once they see you making strikes and getting issues finished, you get extra.” It takes longer than folks suppose to undergo the data and redact personal info, he mentioned.

His workplace has a day by day morning assembly, the place they focus on requests which have are available in and divide the labor. Houston lately employed a brand new staffer who will have the ability to work by them extra rapidly, he mentioned.

Charlene Wang, the council’s latest member, was elected in April. We’ve filed 5 data requests along with her workplace. Once we reached out to Wang in early September, she had partially accomplished one request. Within the weeks following, Wang accomplished a second request. Wang has not but accomplished the next requests, which had been filed in July. 

In a single request for communications with PG&E lobbyists, Wang responded saying no data exist, however we imagine they do primarily based on data we obtained from a special councilmember.

In a quick interview, Wang mentioned a staffer in her workplace solely lately obtained coaching to deal with public data requests. She emphasised that data requests could be time- and resource-intensive. 

A consultant for Fife instructed us she was not obtainable for an interview. Per week later, Fife uploaded a video on Instagram the place she defined the Public Information Act and the way her workplace handles requests. 

Whereas stressing that she is dedicated to transparency, Fife defined within the video that she doesn’t have a devoted workers individual to deal with requests, and that it will be useful if the town offered extra authorized and administrative help. Given the opposite urgent points in her district like homelessness and public security, Fife mentioned public data requests can generally be “cumbersome” and “an enormous administrative burden.” 

For instance, Fife talked about a request her workplace obtained in November 2023 for communications a few decision the council accredited that known as for a ceasefire in Gaza. Fife mentioned her workplace obtained “1000’s” of emails, every of which her workers must undergo to redact personally figuring out info, resembling electronic mail addresses or cellphone numbers.  

“We’ve 10 days to answer the general public by legislation, to get that info to the person or the general public that requested,” Fife mentioned. Later within the video, Fife added that “we’ve to do it inside 10 days or face some type of problem there.” 

This isn’t fairly proper. The legislation requires authorities businesses to make a dedication inside 10 days. A dedication is just a requirement to inform the requester whether or not or not there are any data conscious of their request. However there’s no deadline for when officers want to show over data, apart from an obligation to make them “promptly obtainable.” 

The Oaklandside, which filed two requests with Fife’s workplace for communications concerning the Gaza decision, by no means obtained a discover from Fife’s workplace about whether or not or not she had any responsive data. We nonetheless haven’t obtained that discover or any data for these requests, which had been filed 686 and 694 days in the past, respectively. 

General, Fife has accomplished 5 of the 15 requests we’ve despatched her between 2023 and 2025.

Among the others that we’re nonetheless ready on:

We’ve filed 14 public data requests with Councilmember Janani Ramachandran, who has totally or partially accomplished 10. 

Ramachandran has not responded to or accomplished 4 requests we despatched her in June and July. together with:

Ramachandran didn’t reply to interview requests. 

In 2024, Ramachandran received an award from the Society of Skilled Journalists for utilizing Oakland public data herself, to “maintain metropolis leaders accountable” for failing to course of police dispatcher functions. 

We filed six requests with Councilmember Rowena Brown, who took workplace in January. She has responded to a few of these requests and turned over data. Shortly after we contacted Brown for an interview, her workplace accomplished one other request, releasing copies of her calendar for the primary half of 2025. It took Brown 79 days to finish this request. There’s one remaining uncompleted request from July for communications along with her a few decision to help a state vitality invoice. Brown’s workplace additionally launched data associated to communications with PG&E lobbyists. Nonetheless, we imagine there are extra her workplace has, primarily based on supplies we bought from a special councilmember. 

The Oaklandside will publish a follow-up story exploring the issues underlying Oakland’s public data system and why it takes officers so lengthy to adjust to the legislation.