Oakland hiring constitutional policing head as federal oversight nears end. What does this mean?

OAKLAND, Calif. - As Oakland nears the end of more than 20 years of federal oversight over its police department, the city is hiring for a brand-new position: constitutional policing administrator. 

The pay range is between $175,000 and $263,000 and the job description essentially means serving as a high-level adviser to the Oakland police chief to ensure that reform efforts made over the last two decades remain intact. 

The administrator will report to the city administrator and physically work out of the police administration building. 

Eligible candidates might have a background of being a private investigator, probation or police officer, an independent police auditor or an attorney. 

"It's a vital role," said Michelle Phillips, who is both an assistant city administrator for Oakland and has also been serving as the constitutional policing administrator after being tapped by Mayor Barbara Lee for the job. "It's a fluid role. It's really the glue that brings everyone together. We're looking for someone who is open-minded, someone to come in with really great ideas for amazing public service and constitutional policing for the city of Oakland." 

What is constitutional policing?

Constitutional policing is a lofty term for what many might say is common sense.

"At the bare minimum, it is to ensure that we preserve the civil rights and civil liberties of the residents that we serve," Phillips said in a recent interview. "To ensure that we're not engaging in bias-based policing, we're not harassing, we're not violating the rights of any of the residents or individuals that we engage in." 

To that end, Phillips said that constitutional policing often begins with the hiring practices of OPD. 

Other cities have constitutional policing

The city of Oakland has looked to similar constitutional policing efforts in Los Angeles, Cleveland and Chicago to devise its own system, which was created at the beginning of Lee's tenure as mayor in May 2025, after the former mayor, Sheng Thao, was recalled. 

Though many mayors have worked alongside the police department to end the oversight, Lee was the first mayor to hire someone to specifically work at City Hall to bridge the gap between the city and OPD to finish the job. A federal judge and monitor noted this at a recent court hearing. 

"A lot of people don't realize the Negotiated Settlement Agreement was with the city of Oakland as a whole," Phillips said, "which is why the mayor was like, ‘OK, I have to have some ownership of this. What can we do to get us across the finish line?' "

Why does Oakland need it? 

Oakland finds itself looking for a constitutional policing administrator because of the infamous "Riders" lawsuit filed in 2000, named after rogue officers who were accused of beating Black and brown men and planting drugs on them. 

As part of a civil lawsuit filed by attorneys Jim Chanin and John Burris, the city of Oakland in 2003 agreed to a Negotiated Settlement Agreement, which mandated 51 police reforms.

It took all these years for OPD to comply with these reforms — amid several setbacks and scandals — and a federal judge is poised to end the oversight on Sept. 29.

Phillips said there was "quite a bit of tension" with "past leadership" between departments in making sure the police reforms – which include racial profiling and conducting fair and timely Internal Affairs investigations – were seen to completion. 

What is the job? 

The constitutional police administrator will have a variety of tasks which will include reviewing Internal Affairs reports in draft form and making recommendations before they are complete. The administrator will provide technical assistance and guidance on police policies and suggest how to make things operate through a civilian lens, Phillips explained.

"We have to think about how this will be received by our constituents," she said. 

The administrator will also go out and observe police interactions, which Phillips did herself on a recent First Friday, recommending some street closures to make the event safer. 

The administrator will also work across departments, including the Department of Transportation and Department of Public Works, and with the Police Commission, the Bureau of Risk Management and Office of Internal Accountability, to collaborate and brainstorm. 

Already, Phillips suggested that the city create a role of "data strategy manger" to provide the public with timely OPD data analysis and transparency.

"That was not happening previously," Phillips said. 

What others are saying 

The new police chief, James Beere, recently told KTVU that these reforms made him a better police officer, and he is committed to constitutional policing, even though the formal oversight is set to end. He gave credit to the federal oversight monitor, Robert Warshaw, for making OPD a better department. 

Ricardo Garcia Acosta, the chair of the police commission, did not respond for comment on the new job posting. 

But Chanin, the civil rights attorney who sued Oakland, said the role has potential if it is fully funded. 

But he did raise some questions, including what will happen to this job when Lee is no longer mayor, and will this administrator eclipse the role of the police commission? 

"This could work," Chanin said. "But I do think there are some problems that haven't been thought all the way through." 

According to the city, the constitutional policing administrator will not replace the police commission and does not change the role of civilian oversight. 

Measuring success 

For her part, Phillips wants to decrease the number of complaints that come in about police officers, specifically the complaints that allege the use of excessive police force.

"That will mean our customer service is getting better," she said.

A KTVU investigation shows this is already happening. 

From 2018 to 2023, Oakland paid out $1.7 million to settle police force cases. Before the Oakland Police Department was put under federal oversight, excessive force police payouts cost the city tens of millions of dollars, records show. For example, Oakland paid out $35 million for police misconduct cases from January 2011 to December 2021, and before that, Oakland paid out $57 million from 2001 to 2011.

Phillips would also like to also maintain the status quo. 

"Because we are in compliance with the 51 tasks of the negotiated settlement agreement that are now policy, we don't want to recidivate," she said. "So having an internal entity that quite frankly provides technical assistance embedded in the department at the city administration level is huge." 

IF YOU'RE INTERESTED: The city of Oakland is asking candidates to send a resume and cover letter to Ralph Andersen & Associates via apply@ralphandersen.com by Sept. 9.  Questions can be sent to Daniel Hahn at (916) 630-4900 or Daniel@ralphandersen.com. 

 

OaklandOakland Police Department