Archive for September, 2019

Bernie Sanders Stands With Oakland City Workers

Presidential candidate Bernie Sanders meets with members of the unions fighting for a new contract with the City of Oakland, August 201. Photo courtesy of IFPTE Local 21.

By Post Staff

 

Presidential candidate Senator Bernie Sanders tweeted his support for City of Oakland workers last weekend, supporting union negotiations and calling on Oakland City administration to fill over 600 unfilled city jobs.

Senator Sanders met with some Oakland city workers in late August to learn about their efforts to improve public services amidst an under-staffing crisis.

Mayor Created Oakland Promise by Approving Resolution While City Council Was on Summer Break

City Attorney memorandum says city rules “prohibit the mayor from approving ordinances during council’s annual recess”

Oakland Mayor Libby Schaaf

By Ken Epstein

Local residents who follow city government might well wonder why Oakland City Council members allowed Mayor Libby Schaaf to set up her signature multi-million dollar college scholarship program, Oakland Promise, placing complete control of the program in the hands of the mayor with a minimum of oversight or transparency.

The short answer: they didn’t.

Oakland Promise was created and approved by Mayor Schaaf on the Mayor’s Summer Recess Agenda on Aug. 25, 2015. In other words, while the council was on its annual summer recess, the Mayor’s Office single handedly approved a Memorandum of Understanding (MOU) with the East Bay College Fund (EBCF), which went into effect in September 2015, bypassing public input and council approval.

In a legal opinion requested by Council President Rebecca Kaplan, City Attorney Barbara Parker wrote a memorandum last week, saying that the City Council Rules of Procedure 21 “prohibits the mayor from approving ordinances during the council’s annual recess.”

In response to Parker’s opinion, City Council President Kaplan wrote in an email, “There was no funding or urgent need to bring (the MOU) as a recess action. So, it was hidden from the public without a valid reason for doing so. The 2015 recess action clearly contains legislative action, which is prohibited.”

The 2015 MOU authorizes the Mayor’s Office to appoint one voting member of the EBCF Board of Directors and members of the Oakland Promise Advisory Committee. In addition, “The Mayor’s office will provide communication support, marketing collateral, engagement opportunities and support for promotion and collaborate on annual fundraising events for Oakland Promise,” according to the MOU.

The City of Oakland from 2016-2018 gave $1.15 million to Oakland Promise’s Kindergarten to College Program. In addition, Oakland Promise received 11th floor City Hall office space, as well as “desktop computers, phone and internet service for approximately five Oakland Promise staff,” according to an administrative report to the city/school district Education Partnership Committee.

Until recently David Silver, Special Assistant to the Mayor III, served as the head of Oakland Promise. While receiving no salary from Oakland Promise, Silver’s city salary in 2018 was $261,961.45, salary plus benefits.

In her cover memo to the August 2015 M.O.U., Mayor Schaaf wrote that the MOU “has no cost implications to the City of Oakland,” though that does not appear to be the case.

Council President Kaplan, following up on the issue after it was raised by community activist Gene Hazzard, requested an opinion from City Attorney Parker about the legality of the mayor’s decision to approve the MOU without going to the City Council.

The City Attorney on Sept. 11 wrote that Rule 21 of the Council’s Rules of Procedure that the mayor may make decisions “during the annual recess except for those matters specifically set forth herein.”

Restrictions on the mayor’s authority to bypass the City Council:

  • “Rule 21 prohibits the mayor from approving ordinances during the council’s annual recess.”
  • The mayor must “set for reasons in the agenda reports and resolutions why approval cannot be deferred for council approval after the recess.”
  • The Mayor cannot “appropriate funds without prior council authorization and approval.”
  • The Council “is required to approve by ordinance any lease with rent at below fair market value. “

“The (City Attorney’s) legal memo says that anything that requires legislative action —  like renting space in city hall for free or changing how board members get appointed by moving the power out of the hands of the council and into the hands of the mayor — cannot be done by recess action,” Kaplan wrote in an email on Wednesday.

In July, the Oakland Promise appears to have merged with the EBCF. The governing board of the EBCF voted to convert their nonprofit to Oakland Promise, filing with the Secretary of State,  according to newly hired  Oakland Promise CEO Mialisa Bonta, president of the Alameda Unified School Board and wife of Assemblyman Rob Bonta.

“Functionally, that means that Oakland Promise has the EIN (nonprofit tax IRS tax identification number) of the East Bay College Fund,” she said.

Oakland Post Questions to Mayor Schaaf’s office were unanswered by press time.

In reply to an Oakland Post email, the City Attorney’s office said that Parker’s legal memo was written about the rules governing mayoral recess decisions in the current year, not about what Mayor Schaaf did in 2015.

“The City Attorney’s memo was written in response to a Councilmember’s request to explain the current rules of procedure regarding the mayor’s recess authority. It does not address or make a determination regarding whether any particular action was, or was not, in compliance with the rules. We will review the 2015 action and the rules that were in place at the time,” said Alex Katz,  Barbra Parker’s representative.

For Gene Hazzard’s website, including his blog, go to www.cleanoakland.com

Published September 21, 2019, courtesy of the Oakland Post

 

School Board Votes to Close Kaiser Elementary School

Teachers, students and parents speak at standing-room only Oakland Board of Education meeting, Wednesday, Sept. 11. (Photo courtesy of Chastity Garcia, Facebook)

 

By Ken Epstein

The Oakland Unified School District (OUSD) Oakland Board of Education voted this week to close Kaiser Elementary School and move as many of the school’s staff and families as the district can to Sankofa Academy.

Facing an angry standing-room only crowd of parents, students and teachers who booed their decision, the board voted 5-2 in favor of the “merger” of the two schools. Supporting the motion were James Harris, Gary Yee, Jumoke Hinton Hodge, Jody London and Aimee Eng. Roseann Torres and Shanthi Gonzales opposed the decision. The meeting did not end until 1:30 a.m.

The Kaiser closure was a continuation of OUSD’s “right-sizing” policy to close or merge 24 or more schools in the next few years. According to district leaders, right-sizing the district will free up resources and staff that will lead to more high quality and equitable programs at the schools that remain open.

Kaiser Elementary is a high performing small school in the affluent Hiller Highlands neighborhood. Sankofa Academy, a low-enrollment school in the flatlands of North Oakland, has struggled for years as a result of the district’s failure to keep its promises to the community of increased resources and the disruption of continually shifting reform efforts.

Opponents of school closures and privatization argue that an unstated 20-year policy of disrupting and closing schools that serve African American and Latino students, led by the school board and administration, has undermined public education in Oakland and is putting public school property on the block for sale or lease to charter schools.

In a statement released this week, Oakland Education Association (OEA) President Keith Brown blasted OUSD’s repeated references to budget deficits as a false justification for closing schools.

“Three months ago, Oakland Unified projected a $19 million year-end deficit. In a revision to be presented to the school board this week, it has now become a $21 million surplus,” Brown said.

“OUSD (has) claimed to be in a fiscal crisis, using it to justify school closures, hardball negotiations with teachers, classified employee layoffs, cuts to important students’ services, and more recently withholding payments to the employee healthcare fund.”

“Now, as then, OUSD has zero budget credibility.”

Published September 12, 2019, courtesy of the Oakland Post

Big Win in Sacramento for Anti Rent-Gouging and Eviction Protections

Tenant leaders of the Alliance of Californians for Community Empowerment (ACCE) and other organizing groups fill the California State Capitol, Wednesday, Sept. 11, to back the Tenant Protection Act, AB 1482. Photo courtesy of ACCE.

By Post Staff

After years of escalating and brutal displacement driving millions of Californians into poverty or homelessness, today, the California legislature this week passed Assembly Bill 1482 (Chiu) which is now headed to Governor Gavin Newsom’s desk.
If approved by the governor, this could become the strongest anti rent-gouging and just-cause eviction law in the nation.

AB 1482, also known as the Tenant Protection Act of 2019, has been driven in large part by the advocacy of tenant leaders of the Alliance of Californians for Community Empowerment (ACCE) and other organizing groups. The bill gives protections to 7 million tenants, covering more tenants than any single tenant protection bill in recent US history. It will cap rent increases statewide at 5 percent plus the Consumer Price Index (CPI) as well as stop unfair evictions by requiring landlords to have a “just cause” for evicting their tenants.

“This victory proves that California’s renters are a force to be reckoned with, and we aren’t done yet. Led by people of color and seniors, the renters most likely to become homeless without these types of protections, ACCE members will keep fighting and keep winning until every single Californian is guaranteed a safe and affordable home,” said Christina Livingston, the executive director of ACCE.

Since April of this year, ACCE leaders have made over one hundred in-district visits to key legislators, generated 1,646 calls across 18 assembly & senate districts, and brought hundreds of tenants from across the state to the capitol in Sacramento nearly a dozen times to lobby. In April, two ACCE members staged a sit-in overnight inside the Governor’s office to urge him to step up for the bill and take a leadership role in its passage.

Sasha Graham, the state board chair of ACCE, who was homeless for three years after receiving a 200 percent rent increase and no-cause eviction, says she is incredibly grateful that families will never have to go through what she and her son went through. “This is an incredible victory for families. It demonstrates what people power can do. It is inhumane what my son and I went through, and I am incredibly grateful and take so much comfort in knowing that there is a safety net for my family,” said Graham. “ACCE is the backbone to this movement, and without them I wouldn’t have found my voice and the tenants’ rights movement in California wouldn’t be where it is today.”

Cecilia Reyna, an ACCE member based in Compton and a tenant of Invitation Homes, a subsidiary of the private equity giant the Blackstone Group, says she is elated. The corporation, which bought up tens of thousands of single-family homes in the wake of the foreclosure crisis and turned them to rentals, is known for predatory practices of excessive rent increases, uninhabitable living conditions, arbitrary evictions and fee gouging.

Because of the Costa Hawkins Rental Housing Act, AB 1482 will be the first time that single family rentals owned by corporate landlords will have any form of renter protections.
“Despite our complaints, my landlord has been so incredibly negligent with maintaining our home that the city of Compton has condemned it and I now face a no-cause eviction. Invitation Homes has offered me zero support in moving. With AB 1482 passing, I now am due relocation assistance. This is huge for our family and huge for all tenants of corporate landlords,” said Reyna.

Published September 11, 2019, courtesy of the Oakland Post

Community Raises Questions Over City Funds, Staff Given to Mayor Schaaf’s Favored Education Nonprofit

Assata Olugbala

By Ken Epstein
Questions are being raised by members of the community whether city staff, funds and resources have been improperly utilized to support Oakland Promise, an education nonprofit that has been widely touted by Libby Schaaf as her greatest accomplishment while mayor of Oakland.

A number of these issues have been have raised at public meetings by community activists Gene Hazzard, Assata Olugbala and others.  Based on these concerns and information, City Council President Rebecca Kaplan requested on Aug. 26 that City Auditor Courtney Ruby audit the Mayor Office’s support for Oakland Promise.

David Silver

“Since it’s the auditor who has the legal authority to investigate those issues, I’ve forwarded the information to her, so we and the public can learn what happened to the public funds,” Kaplan told the Oakland Post.

One question has to do with do with role of Mayor Schaaf’s education czar, David Silver, whose official title is Special Assistant to the Mayor III.  In this capacity, according to the website Transparent California, his city salary for 2018 was $173,627.18 plus $88,334.27 in benefits for a total of $261,961.45.

Gene Hazzard

Yet in addition to working for the Mayor’s Office, Silver has served as staff of Oakland Promise. In an email response to a request for information from the Oakland Post, Oakland Promise reported on Aug. 29, 2018 that Silver was a member of the nonprofit’s staff.

In the 2018 Oakland Promise Annual Report, he was listed a member of Oakland Promise’s “Operations Team.”

In response to questions this week from the Post, Oakland Promise told the Post in an email that Silver received no salary, payment or other benefits for his work at the nonprofit, beyond the salary he earned working for the city.

“Prior to July 1, 2019, while Oakland Promise was a city-driven initiative and a project of the Oakland Public Education Fund, David Silver, in his role as Director of Education for Oakland Mayor Libby Schaaf, worked with City staff, OUSD, the East Bay College Fund, and the Ed Fund to help coordinate the activities of the Oakland Promise to ensure that they served the City’s goals,” according to Maggie Croushore, a member of the Oakland Promise Operations Team and also “Communications & Partnerships, Education, Office of Mayor Libby Schaaf.”

“As of July 1, 2019, as an independent 501c3, Oakland Promise has hired a CEO, Mia Bonta, to set the strategic direction and lead Oakland Promise, reporting to a governing board of the nonprofit organization,” wrote Croushore in an email to the Post on Wednesday.

Asked about Silver’s work schedule, how his work time was separated between his city-paid duties and Oakland Promise responsibilities, Croushore replied:

“This question regarding Mr. Silver’s schedule is best directed to the Mayor’s office or to David Silver directly, as he does not have scheduled hours at Oakland Promise. David Silver serves as a non-voting member of the governing board.”

Silver did not respond to the Oakland Post’s emailed questions.

However, a recent report from the administration on Oakland Promise, presented to the Education Partnership Committee, referred to David Silver’s responsibilities for the nonprofit.

“The Mayor’s Director of Education funded by the city for 2017-2018 and 2018-2019” had decision-making authority on the Oakland Promise, until the hiring of CEO Mia Bonta in July.

Justin Berton, a spokesperson for the mayor, did not respond the Post’s questions but instead praised the work of the nonprofit.

“The Oakland Promise was created by the City of Oakland in partnership with Oakland Unified School District and community partners to dramatically increase the number of Oakland public school students who go to college or trade programs with scholarships, mentors, and the life-skills to end the pattern of generational poverty and institutionalized racism,” he said.

In her letter to the City Auditor, Kaplan said that from 2016-2018, she heard allegations that Mayor Schaaf had ordered that city hall facilities “be given, free of charge, to the Oakland Promise without going through (the) legally-mandated process for use of public facilities.”

Kaplan said she had requested a list of organizations that had been given space in City Hall, but that list did not include Oakland Promise.

Kaplan also pointed out that the administration’s report to the Education Partnership Committee said the City of Oakland from 2016-2018 gave $1.15 million to Oakland Promise’s Kindergarten to College Program and 11th floor City Hall office space, as well as “desktop computers, phone and internet service for approximately five Oakland Promise staff.”

While many people are enthusiastic about the nonprofit if it lives up to its promises for students, several people are  requesting a public  accounting of how Oakland Promise has spent the public money it has collected and to make sure the money it actually being spent the way it claims.

At press time, the City Auditor’s Office had not replied  to the Oakland Post’s questions.

For Gene Hazzard’s website, including his blog, go to www.cleanoakland.com

Published September 6, 2019, courtesy of the Oakland Post

Parents Push Back Against School District Plan to Close and Merge Schools

Kaiser Elementary School parents meet with school district administrator about school closing, Photo by Ken Epstein.

By Ken Epstein

Running into a wall of outrage from school families and community groups, the Oakland Unified School District (OUSD) administration and the Oakland Board of Education are struggling to come up with a coherent rationale and reasonable plans to close Oakland neighborhood schools that they hope Oaklanders would be willing to accept.

OUSD is  currently operating under the supervision and fiscal austerity regime imposed by the State of California’s  local representatives – the Alameda County Office of Education and the state-funded Fiscal Crisis Management and Assistance Team (FCMAT) – which are demanding that the district close 24 or more schools in the next few years, which variously has been called right-sizing, merging, relocating or consolidating.

None of the euphemisms for school closing seem to have gained much credibility from parent groups that are fighting to keep from losing their established school communities or face major upheavals  as they move to new schools or try to adapt to new groups of students and teachers on their campuses with what they fear will be  inadequate planning, lack of resources and little to no school community input.

In past presentations to the board and press interviews, FCMAT has said the district has too many schools and cannot afford to operate them, while acknowledging that school closures do not save money.

This year, the administration, under Cohort 2 plans, is urging the school board to close the Henry J. Kaiser campus and merge the school’s students, families and teachers with Sankofa Academy in North Oakland.

Variations of the plan, backed by individual school board members, would merge Kaiser and Sankofa with Peralta Elementary School or Santa Fe Elementary (which is presently closed but temporarily serving the Glenview Elementary community, while their campus is being rebuilt).

The Cohort 2 plan also calls to expand Melrose Leadership Academy and move Oakland SOL, which are outgrowing their campuses. Impacted schools could be Sherman Elementary, Frick Middle School and Maxwell Park.

The district says the merging and closing of schools will free up resources and funds, according to the OUSD Blueprint for Quality Schools Action Plan, is to create “high quality and sustainable schools in every neighborhood,” particularly in flatland schools that have been historically under-resourced and have faced institutionalized disparities.

Speaking at last week’s board meeting, Kaiser parents pleaded with the board not to close their school.

In a Facebook post, the Kaiser advocacy Committee urged  the pubic to attend last week’s school board meeting to “make your voice heard and stand with us as we advocate that the board do right by Oakland children and put a stop to all school closures and consolidations.”

Facing criticisms as a privileged hill school, Kaiser parents emphasized the school’s diversity, high test scores and significantly increasing test scores for African American students.

Kaiser’s student population, which is fairly stable at 268 students, is 21 percent African American, 16 percent Latino and 36 percent white. A majority of the students come from outside the school’s neighborhood attendance area.

If the school were closed, students in the Kaiser attendance area would be eligible to attend Chabot Elementary, where 3.9 percent of the students are African American. Students from outside the Kaiser attendance area would go to Sankofa or could apply to another school in the district.

Parents from Sankofa told the school board that they are open to merging with any other school at their campus, as long as they receive resources and support from the district.

Over the course of a number of years and different superintendents, according to parents and district administrators, many promises were made to Sankofa, including active support, new programs and other resources. But the promises were never kept, and existing resources continued to dry up.

At present, Sankofa has 189 students, 71 percent African American, 11 percent Latino and 3 percent white.

Speakers at the board meeting from Oakland SOL, Frick Middle and Melrose Leadership Academy told the board they needed more time to make sure the moves at their campuses would strengthen, not undermine their schools.  Rather than the board adopting a timeline that institutes changes next school year, they asked board members to give them an additional year to develop collaborative relationships with their newly merged school communities.

Most of the school board members who spoke supported the closure of the Kaiser site but had differing ideas about combining the Kaiser, Santa Fe, Peralta and Sankofa school communities.   However, breaking with the board’s approach, Boardmember Rosie Torres sharply criticized the plan.

She said the district’s promises of supporting the schools – “the ideas, the dreams and pipelines – are not realistic in my view” because OUSD does not have sufficient central office staff to do the work.

When the district closed Roots Academy in June, it promised the school community resources. “(But) we barely offered Roots boxes, when we told them (they would receive) counseling and help transitioning. We’re not doing it right. Let’s not pretend we’re going to do it any better next time.”

She criticized the superintendent’s and staff’s timeline as unrealistic.

Interrupting Torres, School Boardmember Gary Yee accused her of disrespecting the superintendent. “I find that offensive,” he said.  Supt. Kyla Johnson-Trammell told Torres said the board member should not disrespect her staff.

The board is scheduled to vote on the Cohort 2 mergers and closures at its Wednesday, Sept. 11 meeting.

Published September 5, 2019, courtesy of the Oakland Post

Actor Danny Glover Joins Kaiser Permanente Workers to Protest as Strike Nears

Hospital workers block street on Labor Day,, Sept.2., at Kaiser headquarters in Oakland, protesting as strike against Kaiser Permanente nears. Photo courtesy of Coalition of Kaiser Permanente Unions.

By Post staff

 Actor Danny Glover joined thousands of workers, patients, clergy, elected leaders and community allies Monday, Sept. 2 to protest against Kaiser Permanente’s labor practices at the healthcare company’s headquarters in Oakland, as 80,000 Kaiser workers nationwide are set to strike in early October.

Following a short rally, workers marched to the Kaiser Permanente Medical Center, 3600 Broadway in Oakland, where 70 of them engaged in civil disobedience by blocking an intersection near the facility.

“On the one day meant to recognize working people, it’s a shame that Kaiser Permanente is attacking the same employees who made it successful in the first place,” said Isis Acevedo, a schedule maintenance clerk at Kaiser Permanente in South San Francisco. “We reject what Kaiser has become, and instead urge the corporation to join us in the fight to provide quality patient care and protect good, middle-class jobs that America needs.”

Labor Day protest in Oakland. Photo courtesy of Coalition of Kaiser Permanente Unions.

Similar Labor Day protests of Kaiser Permanente workers were held in Los Angeles, Sacramento, Denver and Portland, Ore., where thousands more combined demonstrated against what they are calling Kaiser’s “failure to bargain in good faith.”

While Kaiser Permanente is a “non-profit,” it has reported profits of $11 billion since Jan. 1, 2017, including $5.2 billion just in the first half of 2019. In addition, it has more than $37 billion in reserves and pays at least 36 executives more than $1 million annually, led by CEO Bernard Tyson and his $16 million-a-year compensation.

The strike would begin in early October and affect more than 80,000 Kaiser Permanente employees nationwide, of which 66,000 are based in California. It would be the largest walkout since 185,000 Teamsters went on strike at United Parcel Service in 1997.

In December 2018, the National Labor Relations Board charged Kaiser Permanente with failing to bargain in good faith.

The Coalition of Kaiser Permanente Unions comprises unions in California, Oregon, Washington, Colorado, Hawaii, Maryland, Virginia and the District of Columbia. Their national contract with Kaiser Permanente expired Sept. 30, 2018.

Kaiser Permanente workers are bargaining to:

  • Restore a true worker-management partnership, and have Kaiser bargain in good faith;
  • Ensure safe staffing and compassionate use of technology;
  • Build the workforce of the future to deal with major projected shortages of licensed and accredited staff in the coming years; and
  • Protect middle-class jobs with wages and benefits that can support families.

Published September 4, 2019, courtesy of the Post News Group