Category: Rebecca Kaplan

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

 

$44.4 More Million for Homeless

Affordable housing, parks, illegal dumping, potholes are top priorities

Clockwise from top, Councilmembers Loren Taylor, Nikki Fortunato Bas,Rebecca Kaplan, Sheng Thao, who introduced the budget that the Council passed on June 24.

By Post Staff

In an unusual unanimous vote, the Oakland City Council passed the Oakland Together budget that included $44.4 million in amendments to the administration’s original proposal, focusing city investments on the homeless crisis, affordable housing, maintaining local parks and tackling illegal blight remediation.

The Oakland Together budget, approved on June 24, also restored cuts to Parks Maintenance positions and increased funding around police accountability and workforce development.

The budget was introduced by Council President Rebecca Kaplan together with Council­members Nikki Fortunato Bas, Loren Taylor, and Sheng Thao.

“I want to thank my colleagues for working hard to provide for the needs of our community,” said Council President Kaplan. “A special thank you to Councilmembers Thao, Bas and Taylor for serving on the budget team, and to Councilmembers McElhaney and Kalb for their thoughtful amendments. And to Vice Mayor Reid and Councilmem­ber Gallo for their successful advocacy for pro-active illegal dumping removal and cracking down on people who trash Oakland. “Although we made significant progress, there is still critical work to do including valuing working people and increasing funding for workforce development.”

One key inclusion for police reform was funding to study the CAHOOTS model of sending EMT and mental health workers to respond to appropriate 911 calls reducing the need for police to intervene in an individual experiencing a mental health crisis.

For housing and unsheltered neighbors there is funding for mobile showers and restrooms, a navigation center, a tiny house village project and additional safe parking sites.

The Oakland Together bud­get adds funding for food se­curity and healthy options by adding funding to Meals on Wheels and the Alameda Food Bank and piloting a healthy food conversion program in corner stores in East and West Oakland.

To alleviate blight and il­legal dumping, the Council added a fourth illegal dump­ing crew, additional cameras and enforcement measures, and an educational outreach program to assure that people know Oakland is not the place to dump their trash; and assist homeowners and other small property owners in adding an Accessory Dwelling Units (ADUs) or other projects to their properties, the budget adds evening hours at the per­mit desks for planning/build­ing.

The budget amendments se­cured funding for workforce development programs, and the council still needs to assure the programs are fully funded and working to help unem­ployed and underemployed community members get the training they need to secure living wage jobs, said Kaplan. Employment in the Black com­munity is much higher than their unemployed white coun­terparts, and a thriving work­force development program that focuses on equity is a solid step to balance the inequity, she said.

There is also the issue of impact fees. It is important to have transparency around funds paid to the city for the benefit of community.

Finally, city staff gave much in the downturn, some even count among Oakland’s working homeless. It’s time to thank them for making the sac­rifices the city needed and re­ward them with a contract that shows that residents value the work they do every day to keep the city running efficiently and effectively, said Kaplan.

Published Jul 3, 2019, courtesy of the Oakland Post

Council Adopts Kaplan’s $3.2 Billion Budget

Bas wins $12 million for Community Land Trust affordable housing fund

 

Hundreds of supporters of the City Council’s modifications to Mayor Schaaf’s proposed budget filled City Hall during the council’s budget deliberations over the past month. Photo by Ken Epstein.

By Ken Epstein

Voting Tuesday night, the Oakland City Council adopted a two-year, $3.2 billion budget, partially resolving the ongoing political fight with Mayor Libby Schaaf’s administration over how much of the city’s income will be directed toward services for residents  and wages for the city workers who deliver many of those services.

The new budget, named the “Oakland Together” budget, directs $87 million to priorities identified by council members and supported by community members and groups, including the ReFund Coalition, which represents a number of community organizations and city worker unions.

Rebecca Kaplan

Council President Rebecca Kaplan, who had faced attacks from Mayor Libby Schaaf and the media for her leadership in producing the Oakland Together budget, told the Oakland Post she was pleased with what was in the new spending package but that several key issues were still unresolved.

“Even though many, many great items were  included in the budget we passed (Tuesday) night, I’m not celebrating yet because we are still working to finish up some very important final items, specifically, resolving the (funding) situation with our workforce development funding and issues of our own city workers.”

In a statement to the Post, Mayor Schaaf said, “I’m grateful our City Council kept the administration’s proposal as the framework for the budget it unanimously adopted last night. The last-minute augmentations still warrant close review, yet I’m pleased the Council’s unified action will allow us to make unprecedented investments in homelessness and affordable housing and to start a historic road-paving plan on July 1.”

The City Council’s changes in the Schaaf administration budget included:

• A study of Cahoots, a program that would utilize mental  health workers to respond to mental health crises instead of police;

• Remove the Mayor’s proposal to cut parks maintenance workers, which would have primarily impacted parks in flatland neighborhoods;

• Conduct an audit of the Oakland Police Department, which would examine police overtime costs;

• Substantial increase of homeless services;

• Some additional funding for the Private Industry Council and other workforce development;

• East Oakland healthy corner store conversions;

• Public bathrooms;

• Evening hours for permits at Planning and Building so small property owners can get timely approval of projects.

Nikki Fortunato Bas

Councilmember Nikki Fortunato Bas said in a statement that she was pleased the council passed her proposal, the Preservation of Affordable Housing Fund (PAHF), to allocate $12 million to create a municipal fund for community land trusts and limited equity housing cooperatives to take housing off of the speculative market by acquiring and preserving rental properties with 25 or fewer units.

“This fund is a bold investment in a visionary solution that…puts (properties) permanently in the hands of Oaklanders,” said Fortunato Bas, who developed the proposal with local grassroots organizations Alliance of Californians for Community Empowerment (ACCE) Action and Oakland Community Land Trust (OakCLT).

She emphasized that the new budget also includes programs to address Oakland’s housing, displacement, and homelessness crises, including hiring a mobile outreach team and full-time administrator focused on homelessness, creating homeless navigation centers, and expanding direct legal and emergency rent assistance for tenants.

“Our longtime neighbors are being pushed out while thousands of luxury housing units are being developed. This budget is a huge systemic opportunity to fix a crisis that is everywhere we look and only getting worse,” said Fortunato Bas. “We can’t solve it by tinkering at the margins, dedicating resources only a fraction the size of the challenges we face.”

Carroll Fife, director of Oakland ACCE and part  of the Refund Oakland Community and Labor Coalition, told the Post that the coalition had realized many of the demands they had sought to achieve this year, “from funds for affordable housing and anti-displacement to additional resources to address the city’s illegal dumping epidemic.”

However, she said “There is a great deal of work to do. One budget cycle will not rectify the years of disinvestment that have impacted our most disenfranchised residents.”

Fife also called on people to support city workers in their fight for a pay raise and the filling of vacant jobs. “Vacancies in Housing and Community Development, Public Works and the Sewer department, to name a few, have direct and immediate repercussions on the entire city,” she said.

Former mayoral candidate Cat Brooks told the Post, “This is the most progressive budget Oakland has ever passed. It’s a big step in the right direction.”

But “It still does not go far enough in terms of divesting some monies from the bloated police budget and redirecting those dollars to critical needs for Oakland that actually keep us safe,” she said.

Published June 28, 2019, courtesy of the Oakland Post

Oakland May Name Road in Honor of Oscar Grant

Community leaders join together to endorse naming road next to the Fruitvale BART station as “Oscar Grant Way.” Shown (L to R) are: BART Board President Bevan Dufty, BART Director Lateefah Simon, Oscar Grant’s aunt Bernice Johnson, Council President Rebecca Kaplan, Oscar Grant’s mother Wanda Johnson and Cephus “Uncle Bobby” Johnson. Photo by Gene Hazzard.

 

By Post Staff

The Oakland City Coun­cil’s Life Enrichment Com­mittee passed a resolution this week to name the un­named road adjacent to the West side of the Fruitvale BART Station between 33rd to 35th Avenues as “Oscar Grant Way.”

The resolution was in­troduced last year by Coun­cilmember Desley Brooks in one of her last official acts and co-authored by Council President Rebecca Kaplan. At the Tuesday meeting, Councilmembers Loren Taylor and Lynette McElhaney were added as co-sponsors of the resolu­tion, which will be heard at the council meeting on Tuesday, Jan. 22.

It was determined the street was on BART prop­erty, and, BART Board Presi­dent Bevan Dufty and BART Director Lateefah Simon spoke at the committee meeting in fa­vor of the resolution.

“I want to thank Desley Brooks for putting in an effort to put this in today,” said Oscar Grant’s relative, Ceogus “Un­cle Bobby” Cephus Johnson.

“For 10 years I have been saying it is because of the com­munity and political figures and clergy and activists in the streets that prayed with and for us and speaking on behalf of us for Oscar’s name to never be forgotten. Thank you. We will do what we’ve got to do to name this street,” he said.

Said Oscar Grant’s mother Wanda Johnson, “I would first like to thank God and to the BART Directors for carrying this forward. I am so grateful today that you all see that Os­car’s life lost was not in vain.”

“His death has sparked a movement. One of the atone­ments is for BART to name the street after my son, Oscar Grant. Thank you for seeing this injustice and not ignoring it but acting,” she said.

Council President Kaplan said, “We are here…to honor a life that was tragically cut short at the Fruitvale BART station. The activism of the family and the community sparked an international move­ment. We need to honor the life of Oscar Grant, the activism his death has sparked, and we need to continue to fight for a world where Black men and boys are not targets of these types of killings.”

Said BART Board President Dufty: “I want to thank Oscar’s mother for working with me. I want to apologize to the com­munity, and to take account­ability for the delays that have occurred in naming this road. I am 100 percent in support and am committed to working with my colleague Lateefah Simon to correct this at the upcoming BART Board meeting on Feb. 14.”

In her remarks, Simon said, “We are 10 years too late. I apologize to the community. The BART Board will move mountains to name this street after Oscar Grant. We will or­ganize like Oscar’s mother has organized internationally. We will do this. We have no choice.”

Oscar Grant III was a 22-year-old African-American man who was fatally shot in the early morning hours of New Year’s Day 2009 by BART Po­lice Officer Johannes Mehserle in Oakland.

Responding to reports of a fight on a crowded Bay Area Rapid Transit train returning from San Francisco, BART Police officers detained Grant and several other passengers on the platform at the Fruitvale BART Station. Two officers, including Mehserle, forced the unarmed Grant to lie face down on the platform.

Mehserle drew his pistol and shot Grant in the back. Grant was rushed to Highland Hospi­tal in Oakland and pronounced dead later that day.

The events were captured on multiple official and pri­vate digital video and private­ly-owned cell phone cameras and went viral. Huge protests against police actions took place in the following days.

Published January 18, 2019, courtesy of the Oakland Post

New Year, New Leadership, New Oakland?

 Rebecca Kaplan unanimously elected City Council President

Oakland swears in new City Council members (L to R): Nikki Fortunato Bas, District 2; Sheng Thao, Disrict 4: and Loren Taylor, District 6. Photo by Howard Dyckoff.

By Ken Epstein

Oakland honored its newly elected city leaders this week at a swearing-in ceremony held in the City Council Chambers of Oakland City Hall.

Sworn in were Mayor Libby Schaaf, who elected to a second term: Nikki For­tunato Bas, the city’s first Filipina-American council member, representing Dis­trict 2. Sheng Thao, the first Hmong-American council member in the state of Cali­fornia, representing District 4; and Loren Taylor, a third generation Oakland resident, representing District 6.

Making the increased strength of local progres­sives, Councilmember-at- Large Rebecca Kaplan was unanimously elected council president by her colleagues. , The council’s most powerful position, the president pre­sides over City Council meet­ings, influences the council’s agenda and makes appoint­ments to council committees and some outside agencies.

Newly Elected Council President Rebecca Kaplan (left) stands with Cat Brooks, a progressive runner-up in the Oakland mayoral race and co-founder of the Anti Police-Terror Project. Photo by Howard Dyckoff.

Kaplan, the first openly LGBT+ Council President in Oakland’s history, distanced herself from some of the city government’s past practices, pledging that her leadership would be based on a commit­ment to social justice, inclu­sivity and working closely in coalition with the local com­munity.

“We must acknowledge injustice and prejudice exist and we need leaders to assure we work together to move our city forward,” Kaplan said in a prepared statement.

“I believe in giving all Councilmembers the oppor­tunity to affect change, and all council members will have an opportunity to chair a commit­tee.,” she said. “I look forward to working together in coalition with community to advance Oakland’s vital needs.”

Her priorities include reor­ganizing council meetings so community members do not have to wait until past mid­night talk about major issues, strengthening the city’s com­mitment to providing afford­able housing and to responding more effectively to homeless­ness and displacement of resi­dents, as well as providing ac­cess to job training and taking aggressive steps to reduce il­legal dumping.

In her remarks after she was sworn-in, Councilmember Bas said laid out an agenda focused on “equity, inclusion and community participa­tion.”

“More and more (working and middle class families) are feeling left out, feeling the impact of gentrification, rac­ism and income inequality,” she said. “Decisions (will) not made for you but with you. These are all problems that we can solve together.”

“We want developers and corporation that are part of our city but not to tear our city apart,” said Bas, emphasizing that the Black community is “disproportionately impacted by homelessness, joblessness and over-policing.”

Sheng Thao, a daughter of Hmong refugees, said, thanked Councilmember Ka­plan for hiring her as an intern as later as a staff member and her family and the community for backing her.

“I want to be a voice for those who don’t have a voice, because I understand what that looks like,” she said. “I under­stand what it looks like to have to work multiple different jobs just to make rent.”

Acknowledging the efforts of outgoing District 6 Council­member Desley Brooks, Tay­lor said:

“I look forward to serving and delivering greater eco­nomic opportunity, especially for those who have been left out, underserved and under­represented in our communi­ty. We are fully committed to stopping the pushing out and pricing out of the residents of our city.”

Mayor Schaaf, celebrating her 20 years in city govern­ment, said her priorities re­main the same.

She said, “We are ready to bring even more dramat­ic changes in the next four years,” including “an even greater reduction” in homi­cides and violence, support for her favored nonprofit – Oak­land Promise, road repair “in the neighborhoods,” as well as building more units of housing and increasing ways to make “headway on homelessness.”

The council elected District 7 Councilmember Larry Reid to serve as vice mayor and Dis­trict 1 Councilmember Dan Kalb as mayor pro tem. Reid (a reappointment) and Taylor were picked to represent the city on the Oakland-Alameda County Coliseum Authority board of commissioners.

Published January 10, 2019, courtesy of the Oakland Post

Open Letter: Support Rebecca Kaplan for City Council President

Rebecca Kaplan

Oakland City Council will be sworn in to office, including three newly-elected members. Immediately after the swear­ing-in (which starts at 11 a.m.), the Council will have the op­portunity to select its leaders for the coming year, including selecting the Council Presi­dent.

The President runs the meet­ings, initiates the Commit­tee assignments and takes the lead on crafting the agenda and making sure participation hap­pens smoothly. For the com­ing term, we urge the Council to support Councilmember-at-large Rebecca Kaplan for the position of Council President.

Kaplan has served on the Council for 10 years and has been re-elected by large mar­gins, city-wide, representing all the people of Oakland, and has a track record of working successfully to build broad co­alitions and advance policies to protect the needs of our com­munity.

She holds a bachelor’s de­gree from MIT, a Master’s in Urban and Environmental Policy, and a J.D. from Stan­ford Law School and is well equipped to handle the work of the Council Presidency, both in terms of understanding policy and for handling the procedural rules that govern Council meet­ings.

Kaplan was elected unani­mously, twice, as Chair of an­other government Board, the Alameda County Transporta­tion Commission, which in­cludes representatives from all of the cities in Alameda County, along with transit agencies and County Supervisors.

Therefore, Rebecca has ex­perience chairing meetings, making committee assign­ments, and leading the passage and implementation of suc­cessful ballot measures, with an even larger and more com­plicated Board.

Rebecca has a track re­cord of successfully bringing people together to develop and pass important initiatives, including the recent Oakland Vacant Property tax to fund homeless solutions, passing a citywide public lands policy for Oakland, Alameda Coun­ty’s Measure BB to fund trans­portation and infrastructure, and winning over $50 million in regional funding to clean up air pollution in Oakland’s hardest-hit communities from trucks, trains, and more.

Kaplan has helped to fight for fairness in employment and contracting, including for a disparity study, to improve access and equity in bank­ing, for meaningful commu­nity police oversight, and will work to help make sure home­less solutions and job training are strengthened.

Recently, Kaplan success­fully intervened to help reject racial profiling and strengthen the police commission, includ­ing regarding the problem of searches of people on parole and probation.

As a person who treats oth­ers with respect and under­stands that we are to be judged by how we treat the least of these, and as a person of faith and bible scholar who works well with those of all back­grounds, Kaplan will ensure a welcoming and harmonious environment at Council meet­ings.

For all these reasons and more, we urge the Council to elect Rebecca Kaplan as Coun­cil President for the coming term.

Co-signers of open letter supporting Kaplan for council president are:

Noni Session,

John Jones III,

Kimberly Mayfield,

Rev. Dr. Harold R. Mayberry, Henry Gage III,

James Vann,

Lynette Nei­dhardt,

Rashidah Grinage,

Henry Hitz,

Pamela Drake,

Gary Jimenez (VP of Politics, SEIU 1021*)

*Organization listed for iden­tification only.

Published December 27, 2018, courtesy of the Oakland Post

 

Council Rushes to Approve Five-Year Police Agreement

APTP activist James Burch tells City Council to stop putting the Oakland Police Officers Association’s needs above those of the community at Tuesday’s meeting. Photo by Zack Haber.

Zack Haber

 At a meeting that lasted over eight hours, continuing from Tuesday evening until 2 a.m. Wednesday morning, community members and activists from the Anti Police-Terror Project, the Coalition for Police Accountability, Alliance of Californians for Community Empowerment (ACCE) and the First Congregational Church of Oakland criticized a proposed new Memorandum of Understanding (MOU) between the City of Oakland and the Oakland Police Officers Association.

The new MOU grants officers a 12.5 percent salary increase spread over five years.

All council members voted in favor of the MOU except Rebecca Kaplan, who voted no. Noel Gallo abstained, and Desley Brooks was absent.

James Burch, an activist with the Anti Police-Terror Project, wanted the council to delay the vote to seek input from the community.

“In crafting a new MOU, the City Council is more concerned with their relationship with the Oakland Police Officers Association than they are with the wants and needs of the people of Oakland,” he said.

Burch said the timing of the vote shows the council does not respect the will of Oakland residents. The current OPOA agreement does not expire for over six months, leaving plenty of time to seek the views of the police commission and other city residents.

By settling the agreement early, the council and the administration locked up wages and rules governing the police before recently elected City Councilmembers Nikki Fortunato Bas, Loren Taylor and Sheng Thao take office.

“Nikki Fortunato Bas was voted in over Abel Gullén because Gullén was being held accountable for his failure to work with community over the last several years,” Burch said. “Bas has promised to work with community, and I believe her.” But Oakland’s newly elected council members will not have a say in Oakland’s MOU with its police union.

Rashidah Grinage, a member of the Coalition for Police Accountability, was also concerned with the rush to vote on the agreement. “The whole thing was a stealth attack,” Grinage said. “We had no advance knowledge that this was on the agenda, so we had no time to organize around it.”

Grinage said parts of the MOU were overlooked like the overtime budget, how officers are promoted and oversight on police discipline is handled. She said the newly elected Council members might have wanted to work with Oakland residents to change the language in the MOU before voting on it.

Published December 15 2018, courtesy of the Oakland Post

Community Wins Major Victory for Independent Police Oversight Commission

Police Commission Chair Thomas Smith. Photo courtesy East Bay Express.

By Ken Epstein

The debate at the City Council meeting went on for hours into the night, deciding the fate of the Oakland Police Commission. Would it be allowed to gain strength as an independent body that deliberates issues of police accountability and discipline, in the manner promised by Measure LL when it was passed by 83 percent of the voters in 2016?

Rebecca Kaplan

Or would the commission be required to operate like all other departments and commissions in the city, overseen by the City Attorney and City Administrator, who have not managed to produce a scandal-free police department after 15 years of federal oversight of OPD.

Ultimately, the debate ended Tuesday night in a major victory for the supporters of Measure LL and community members who were determined to hold onto the promise of an independent police commission.

Community members, over 80 of whom signed up to defend the commission, were backed by City Councilmember-at-Large Rebecca Kaplan, who fought hard on the council for their proposal. After two resolutions failed, she backed a resolution that most councilmembers were willing to accept in the face of the determined opposition of both City Attorney Barbara Parker and City Administrator Sabrina Landreth.

The vote was 6-1 in support of the resolution. Kaplan, Desley Brooks, Noel Gallo, Lynette Gibson McElhaney, Dan Kalb and Abel Guillén voted in favor.  Annie Campbell Washington voted “no.”

City Administrator Sabrina Landreth ran the Oakland Police Department for one year after the resignation of successive police chiefs. Photo courtesy of ABC7.

Despite the victory, the conflict might not be settled. The ordinance must pass again at a second reading at the next council meeting, and there are indications that Landreth and Parker may try to influence councilmembers to reverse their position, according to police commission supporters.

The disagreements centered on the content of the enabling ordinance, which will establish the guidelines for how the police commission will function. The commission itself was established by passing an amendment to the City Charter, Measure LL.

The enabling ordinance has been tied up in behind the scenes discussions with city staff for over 18 months since Measure LL’s passage.

Barbara Parker

At the heart of the dispute is whether those who staff the police commission, an inspector general and an attorney, will be hired by and report to the commissioners, who are volunteers, or if the inspector general will report to the city administrator and the attorney to City Attorney Parker.

The whole point of creating the police commission, according to its supporters, was to establish oversight of the police that is independent of the city administration.

Pointing out that the City Administrator Landreth serves as supervisor of the Chief of Police, and the City Attorney represents the police department, police commission supporters argue there is a clear conflict of interest if these two officials are allowed to be in charge of police oversight.

“I feel like a broken record. I keep coming here saying the same thing…We need an independent police commission, and every time I turn around, someone else is trying to undermine that independence,” said Lorelei Bosserman, one of those who spoke in favor of maintaining the independent of the police commission.

“The City Attorney should have no authority over the legal counsel for the police commission. (She) represents the Oakland Police Department. There is an inherent conflict of interest there,” she said.

However, Parker’s legal opinion said the Police Commission’s recommendations for the enabling ordinance the draft ordinance that was already passed once by the City Council are “not in compliance with the City Charter.”

According to Parker in her legal opinion, “The staff who provide services to the commission are under the City Administrator’s personnel jurisdiction because the Charter does not provide an exception to the City Administrator’s jurisdiction.” (For the legal opinions, go the City Attorney’s website: oaklandcityattorney.org and click on the “Opinions and Reports” link.)

Speaking to the council meeting, Chair of the Police Commission Thomas Smith said that in order for the commission to do its job, it needs a “non-City Attorney-appointed legal advisor” and “an inspector general (who) reports directly to the commission—not somewhere else within the chain (of command).”

He said, “When you consider the fact that there is a constant interaction…between the police department and the people who serve the City Attorney, there is a relationship there… Does it have some influence? Is there some bias?”

Councilmember Kaplan, backing the police commissioners’ requests, said, “I think it is very important that we stick to the commitment that was made when this was being written, which is independent oversight.”

“We need independent oversight both so the commission can actually be independent and do the functions it was intended to by the voters and also so the commission can maintain its credibility, so its actions can be trusted and not seen as under the control of anyone who might have a dual role in terms of their management of the police department.”

Councilmember Kalb’s motion to accept the City Attorney’s changes to the enabling ordinance failed to pass, as did Kaplan’s motion to adopt the community coalition’s proposal.

What finally passed was a compromise motion, crafted by Kalb and Kaplan, that contained the two most important provisions of the commission’s recommendations.

Published June 23, 2018, Courtesy of the Oakland Post

Moratorium on Public Land Sales Goes to CED Committee

Representatives of the Post Salon community – Kitty Kelly Epstein (Left), James Vann and Cathy Leonard – speak to a council committee about putting a moratorium on sale of publicly owned land on the City Council’s agenda. Photo by Ken Epstein.

By Post staff

The City Council’s Community and Economic Development (CED) Committee will hear a community-initiated proposal for a Moratorium on Public Land Sales at the committee’s next meeting.

The item was originally scheduled for Tuesday, June but postponed due to the Warriors victory parade. The issue may be discussed at the next CED committee meeting, which will be held June 26.

The moratorium originally was proposed at a Post Salon community assembly discussion on April 29 concerning the lack of a city policy to protect public land and utilize it for truly affordable housing.

“The city allegedly has a policy of preserving publicly-owned land as an irreplaceable resource and giving preference to ‘leasing’ city land, rather than to sell for private profit,” said housing activist James Vann, a spokesman for the Post Salon.
“Despite adopting a policy favoring leasing, the city has continued to sell valuable public property to private developers and corporations for expensive housing, luxury condominiums, corporate offices, and market-oriented development,” said Vann.

Over the last two years, the city has received numerous complaints from the community that “public land should be used for public good,” and lobbying from non-profit housing organizations that public land should be used for affordable housing to aid the city’s critical affordable housing crisis.

A joint committee of city staff and community representatives met for almost two years to develop a new policy on the disposal of city-owned land. Early this year, the badly divided joint committee disbanded, according to Vann.

In the meantime, city staff continues to recommend parcel sales, approved by the City Council with little deliberation.

With the assistance of Councilperson Rebecca Kaplan and her staff, the Salon’s resolution to enact a “180-Day Moratorium of the Sale of Public Land Until the Council Adopts a Public Land Policy” was written as a resolution and placed on the June 12 CED Committee agenda.

Published June 11, 2018, courtesy of the Oakland Post

 

Councilmembers, Community Groups Push Mayor for Funding for Homeless, Job Training and Trash Cleanup

Members of East Oakland Congress of Neighborhoods demand the city keep its promises to clean up trash and illegal dumping. Photos by Ken Epstein

By Ken Epstein

As the City Council examines a “midcycle” revision of the city’s two-year budget, community groups are demanding the city allocate money to relieve the suffering of Oakland’s rapidly growing homeless population, clean up illegal dumping and trash in flatland neighborhoods, support job-training for low-income Oaklanders and fund social programs for vulnerable residents by reducing out-of-control spending on the Oakland Police Department.

The budget revisions were discussed at Tuesday’s special City Council meeting and  scheduled to be finalized before the end of June.

Mayor Libby Schaaf and the City Administration, in a move that dampened demands for new spending coming from the community and some councilmembers, released a report showing that the 2018-2019 budget includes a projected deficit of $11 million.

To close the deficit, the City Administrator has asked departments to cut two percent of their expenditures.

At the same time the administration is proposing cuts, it is requesting the council adopt $31.3 million in new spending, including $1 million for the homeless, $27.5 million for new appropriations for affordable housing, $982,000 for trash cleanup, $1.6 million to hire three new staff in the Human Resources Department and conduct a Fire Academy, and $167,000 for two new employees for the Oakland Animal Shelter.

No mention was made in the City Administrator’s report of going over the budgeted spending limit for police overtime by $17 million, which more than accounted for the hole in the city’s budget.

Most of those who spoke at the meeting—residents and councilmembers—called on the city to fund concerns and community needs that they said had been shortchanged or ignored when the budget was adopted last year.

Rebecca Kaplan presented a list of new expenditures she is supporting, including cleanup crews for illegal dumping hot spots, public toilets and expanded support for homeless sanitation, job training and apprenticeship programs and support for the Oakland Animal Shelter.

Kaplan also requested changes in administrative practices that would not cost additional money but would require new ways of relating to the community: proactive trash pickup based on focusing on hotspots, not just responding to complaints; working with congregations and community-based organizations to establish alternative homeless encampments; and utilizing less costly security guards instead of police for City Hall security that is being requested by the administration.

Noel Gallo

The city needs to adopt real homeless solutions that “don’t just push the problem from one underpass to the next, at great expense,” she said.

She was also skeptical of the new horse-mounted police unit OPD is reportedly organizing. She asked: who authorized the “ponies”, how much money is being spent and what fund is the money coming from?

Kaplan also raised concerns that the administration has repeatedly failed to carry out resolutions the Council has passed.

“We on the Council should consider that what actually gets implemented is so different than what we voted for,” she said.

OPD overspending for police overtime “essentially accounts for the entire (budget) gap we are talking about,” she said.

Councilmember Noel Gallo proposed that he and his fellow Councilmembers help pay for homeless and trash services by contributing as much as much half of the $600,000 a year each of them receives from the city to operate their offices.

He also said Mayor Schaaf’s office budget is over $3 million. “The mayor should at least contribute a million dollars from her budget,” he said.
A large group from East Oakland Congress of Neighborhoods demanded full funding for their proposals to clean up flatland streets.

“Our children pass through piles of filthy, stinking garbage, human feces and the carcasses of dead animals to walk to school,” said Lidia, a spokesperson for the Congress.
“Some of you live in neighborhoods where this would never be allowed,” she said.

Carroll Fife, also speaking for the Congress, criticized the Mayor’s trash proposals.

“We see the proclamations the Mayor is making to the news media about the wonderful things that she is doing… to address the trash issue. We’re here to say it is not enough. It is not even real,” said Fife.

“You have to be honest with the residents of this city,” she said.

James Vann was one of the speakers with the Homeless Advocacy Working Group (HAWG), which is requesting $4.2 million to provide portable bathrooms, shower facilities and clean water at homeless encampments throughout the city.

The $1 million the Mayor is proposing for homeless services is “a pittance—that’s nothing, and it’s not (even) true,” said Vann.

He said the city’s proposed $1 million in new homeless spending is eaten up by the $500,000 the city owes for work on Tuff Sheds that is already completed. In addition, he said providing sanitary services at one site costs about $250,000 a year.

Speakers for the Anti Police-Terror Project (APTP) called for redirecting some of the money that currently goes to OPD, which accounts for about 43 percent of the general fund.

As little as $10 million taken from police spending would make a dramatic difference in services for the homeless and elimination of trash on the streets, ATPT speakers said.

Posted June 3, 2018, courtesy of the Oakland Post