Category: Oakland Promise

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

 

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