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Oakland, Calif. – Today, Oakland City Attorney Barbara J. Parker filed a lawsuit on behalf of the City of Oakland against Oakland Unified School District (OUSD) for the district’s ongoing refusal to pay its fair share of election costs for school board director elections. The Oakland City Charter and the California Education Code require that OUSD cover such costs.

OUSD has refused to pay its outstanding invoice for the 2023 special election that was held to fill the OUSD District 5 vacancy. This special election, which came at a cost of nearly $600,000, was required only because the OUSD Board of Education did not appoint a provisional board member and instead chose to proceed by special election. The Oakland City Council had no role in calling the 2023 special election and there is no basis for the City of Oakland to be responsible for covering those costs.

OUSD also has refused to pay its proportionate share of general election costs for recent school board director elections in 2022 and 2020, despite a history of past payment and clear requirements under California law, which provides that school districts must pay their share of election costs for school board offices and other ballot measures.

The City’s total cost for the 2022 general election was approximately $4.8 million; OUSD’s share represented approximately $860,700. The City’s total cost for the 2020 general election was approximately $2.2 million; OUSD’s share represented approximately $679,000. At the time this lawsuit was filed, OUSD owed the City approximately $1.5 million for election-related costs. 

“The law is clear that OUSD is responsible for paying the costs of the 2023 special election that it called to fill a vacancy on the OUSD Board, and for paying its fair share of other election costs. The City always strives to resolve issues without resorting to litigation. Unfortunately, after nearly a year of attempting to work in good faith with OUSD to resolve this dispute, OUSD has remained steadfast in its refusal to acknowledge its basic legal responsibility. Accordingly, seeking relief in court is the City’s only option to recover the money OUSD indisputably owes and to ensure it will pay its fair share of election costs going forward,” said Oakland City Attorney Barbara J. Parker.

The Office of the City Attorney issued a document that answers Frequently Asked Questions (FAQs) about the lawsuit. Please refer to the FAQs and the complaint for more information.