Ousted Oakland police Chief Anne Kirkpatrick on Wednesday filed a whistleblower claim against the city, the first step toward filing a lawsuit over her termination in February.
The former chief says in the claim that she “raised a series of alarms” but was “alone and unsupported” during her three years as chief, beginning in February 2017.
The claim filed by her attorneys, the San Francisco-based firm of Keker, Van Nest & Peters LLP, list a series of incidents in a volatile relationship between Kirkpatrick and the citizen police commission, similar to the allegations Kirkpatrick publicly raised in the days after Mayor Libby Schaaf and the commission jointly fired her.
Kirkpatrick claims she filed at least seven reports of “inappropriate and unlawful conduct” by members of the citizen police commission to the Oakland City Attorney’s office, the city administrator and Mayor Schaaf.
“The Police Commission and Mayor orchestrated Chief Kirkpatrick’s termination in retaliation for the Chief’s repeated whistleblowing,” according to the claim filed with the City Attorney’s Office on Wednesday.
According to the claim, Mayor Schaaf in February visited Kirkpatrick at her home and told her that the police commission intended to fire her, and suggested that federal monitor Robert Warshaw supported the decision. The mayor asked Kirkpatrick not to return to work.
Warshaw oversees the Oakland Police Department as part of a court-mandated reform effort stemming from the 2003 settlement of the infamous Riders case.
On Feb. 20, the mayor called Kirkpatrick to inform her that she had been fired, according to the claim.
The claims outlines allegations of “inappropriate conduct” such as police commissioners seeking special treatment, commission members’ behavior toward elected officials and harassment and intimidation of senior staff during commission meetings and the commission’s seeking of confidential court records.
The claim states that the commission made unlawful attempts to obtain confidential officer personnel records; attempted to misuse official positions for personal gain and had abused their authority. Kirkpatrick singled out conduct by Commissioner Ginale Harris. Harris has previously denied claims the former chief has made against her.
Harris’ attorney, Dan Siegel, on Wednesday, said he found it “surprising that Chief Kirkpatrick thinks that she can sue the city for its decision to terminate her.”
“That decision was more than justified, for a variety of reasons, including her lack of candor and failure to resolve the ongoing disaster” of the department’s ongoing federal monitoring, Siegel said. “Her inability to get along with Police Commissioner Ginale Harris has to be seen as a minor issue, but one which underlines Kirkpatrick’s failure to live up to the City’s expectations.”
Kirkpatrick does not seek a specific amount, but makes a claim for lost wages, pension benefits and “damages for emotional distress” for her “illegal firing.”
A claim is a precursor to filing a lawsuit. With all claims, City Attorney Barbara Parker has 45 days to review and decide whether to accept or reject the allegations. Denying a claim paves the way for a lawsuit to be filed.
Supervising Deputy City Attorney Erin Bernstein on Wednesday said the city had no comment.Kirkpatrick is the first Oakland chief to sue over a termination or departure. Over the past decade, Oakland police have had eight chiefs. In 2013 and again in 2016, the city underwent three chiefs within a week.
“The facts show that Chief Kirkpatrick repeatedly blew the whistle on corrupt actions by the Police Commission, shining a light on their illegal actions, inappropriate influence, abuse of powers, and harassment of city staff,” said Jamie Slaughter, Kirkpatrick’s attorney.
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