Oakland police commissioners lose bid to block their ouster from panel

OAKLAND, Calif. - An Alameda County judge ruled that two outgoing members of the Oakland Police Commission have no legal basis to block the city's selection panel from replacing them.

In a written order, Judge Jenna Whitman on Tuesday denied Police Commission Chair Tyfahra Milele and Commissioner David Jordan's temporary restraining order request and accompanying lawsuit against civil rights attorney Jim Chanin, saying their claims were "weak" and "lacked diligence." 

Chanin also sits on the commission's selection panel committee; which recently did not reappoint Milele and Jordan.

Milele's suit accused Chanin of having a conflict of interest because he and civil rights attorney John Burris, sued Oakland 20 years ago to push for police reforms. Her suit also said Chanin has a "profound" bias against current and former members of the Oakland Police Commission.

The suit alleged that Chanin has a vested interest in keeping federal oversight of the police department because he earns between $80,000 to $100,000 in legal fees. 

But the judge said that Milele and Jordan did not adequately state how they had been harmed or prove how Chanin is biased. 

The judge noted that Chanin has been the head of the selection panel for years and there have been no conflict-of-interest issues ever raised before this. 

In terms of financial gain, the judge said that the allegation that Chanin is taking steps to further prolong oversight "rests on the presumption that Mr. Chanin has more power than he really has." 

Only a federal court has the authority to decide when the Oakland Police Department has met its reform requirements, the judge noted, and the federal court supervises Chanin’s work and determines his attorney fees.

In July, the selection committee panel chose Karely Ordaz and Wilson Riles to fill two vacancies on the commission and with city council approval, will replace Milele and Jordan in October.