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Has Representative Democracy Broken Down at Oakland Unified?

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Local residents are raising concerns about “meeting procedures” and “meeting norms” dictating the behavior of the Oakland Board of Education, which could limit board members’ ability to lead the district, as they were elected to do.

Some of the norms and procedures, adopted unanimously by the board and implemented at last week’s meeting, might sound innocuous, though they have a paternalistic air that does not seem appropriate to a body that is elected to set policy that is supposed to represent the beliefs and needs of Oakland residents.

 

“Five minute speaking limit, no mingling with the audience, focus on agenda items, always be respectful, no interruptions, model desired behavior, no personal attacks,” says the list says, along with “honor the time, no sidebars, technology aligned to meeting purpose.”

 

However, at least one of the norms for board members has members of the community worried.

 

“Act as a collective body – honor confidentiality,” is a norm that appears on the surface to call on board members to close ranks, refrain from publically disagreeing with each other or the administration and avoid revealing too much about district proposals. But the Board is responsible for setting policy for the district and California law requires that those policy discussions be held in public

 

Recognizing the public’s concerns, School Board President James Harris said the changes are not designed to limit transparency or stifle the voice of elected officials but to guarantee that meetings are conducted legally and with civility.

 

“Some things are confidential to board members, such as closed session things,” said Harris. “We’ve had a few board members break those rules. You’ve got to respect the laws.”

 

Additionally, he said, “You don’t want personal attacks on board members,” he said. “We all need to get better. We need to be better communicators. “

 

However, there are community members who see this new policy as symptomatic of a school board that has lost its sense of responsibility as an elected body and generally passively follows the lead of the latest superintendent and his team of administrators

 

The problem goes back to Oakland’s loss of local control of the school district in 2003 when the district went bankrupt and took a $100 million loan (still not repaid).

 

The State Supt. of Instruction installed a trustee, Randy Ward, who ran the district singlehandedly. Working closely with a team of administrative advisors from Bakersfield, Ward fired principals and veteran administrators, in one shot eliminating much of the district’s diversity and the historical memory of the institution.

 

Over the course of the years, despite the return of local control to the school district in 2009, the balance of power has continued to shift away from the board and to the administration.

 

The attorney for the district used to be an employee of the board, but that has been changed. The general counsel now reports to the board and the superintendent.

 

The board secretary used to be an employee of the board. The superintendent is now the board secretary and sets the agenda of board meetings in conjunction with the board president.

 

Like the City Council, the board used to have a number of committees, including curriculum, facilities and business and finance. With the committees, board members could gather information, listen to community input and make informed decisions.

 

Without the committees, they lost their eyes and ears. They were forced to rely on what staff told them at board meetings, along with some one- or two-minute presentations from the public.

 

In addition, the board several years ago agreed in principle that it would not ask questions or disagree with the administration in public. Instead, individual board members are supposed to ask questions or disagree by email.

 

As a result, many policy differences among board members never come to public attention.

 

Though concerns about the board not fulfilling its role as an elected body have been raised under the one-year-old administration of Supt. Antwan Wilson, the same issues existed and were compounded under former superintendents Gary Yee and Tony Smith.

 

While some on the board are committed to the idea that board members should “not disagree publically on things, I think people should know if we are having disagreement on things. There’s nothing bad about disagreement,” said a board member who did not want to be identified.

 

Jim Mordecai

Jim Mordecai

Another board member, who also asked not to be identified, said she and her colleagues were under tremendous pressure not to disagree with each other or with the district staff in public.

 

Staff also uses pressure to try to silence teachers and students who speak up at meetings, the board member said.

 

According to Jim Mordecai, a retired teacher who attends and speaks at most board meetings, the erosion of democracy in the Oakland district is also occurring in other school districts around the country, related to growth of corporate involvement and privatization of public education.

 

Much of the erosion of democracy norms is tied to a variety of corporate reformers, who want to run the school like their companies, such as billionaire Eli Broad and his Broad Foundation and the Broad Academy, where many of the nation’s new superintendents are trained he said.

 

Oakland’s State Trustee Randy Ward was an early Broad trainee, and he staffed the district with a crew of Broadees (rhymes with roadies).

 

People coming from the corporate mindset “prefer a board that is just a rubber stamp, “ Mordecai said.

 

“(But) Some of the women on the board are pretty strong, and sometimes they stand up and fight back,” he said.

 

But they are still struggling to understand the issues, which are not simple.

 

Book by school board trainer Don McAdams

Book by school board trainer Don McAdams

“It takes a lot of time to understand,” he said. “It’s complicated. (For example) they don’t come on the board understanding about Broad training.”

 

Making their job more difficult, he said, Oakland school board members attend retreats where they learn from “experts” that their proper role is to be a cheering team for the administration.

 

Oakland School board members have attended two trainings by Texas based consultant Don McAdams, who worked for Eli Broad when he was setting up his superintendent academy.

 

According to critics around the country, McAdams suggests that board members not “interrogate” staffers during board meetings.

 

Board members are encouraged to vote unanimously, if possible, on important issues, such as school closings and bond proposals, sending a message to the public and workforce that the issue is a done deal, McAadams says in his trainings according to reports.

 

This approach is deeply flawed says civil rights attorney Dan Siegel, who served on the school board and worked as the district’s general counsel.

 

“As voters, we’re entitled to hear board members express their best opinions and if they disagree and to make decisions,” he said.

 

In reality, the board trainings are not neutral but ideological, encouraging the board to get out of the way of the experts, said Mordecai,

 

“But that’s not the process. The process has to be inclusive of the community. It’s supposed to be a democratic institution.”

 

The Post is printing this article in response to questions and concerns that have come up in the course of our coverage of Oakland schools. We look forward to publishing your reactions and thoughts on these issues.

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Rest in Peace: A.M.E. Pastor and L.A Civil Rights Icon Cecil “Chip” Murray Passes

The Rev. Dr. Cecil L. “Chip” Murray, former pastor of First African Methodist Episcopal Church (FAME) in Los Angeles, died of natural causes April 6 at his Windsor Hills Home. He was 94. “Today, we lost a giant. Reverend Dr. Cecil Murray dedicated his life to service, community, and putting God first in all things. I had the absolute honor of working with him, worshiping with him, and seeking his counsel,” said Los Angeles Mayor Karen Bass of the dynamic religious leader whose ministry inspired and attracted millionaires as well as former gang bangers and people dealing with substance use disorder (SUD).

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The Rev. Dr. Cecil L. “Chip” Murray, former pastor of First African Methodist Episcopal Church (FAME) in Los Angeles, died of natural causes April 6 at his Windsor Hills Home. He was 94.

“Today, we lost a giant. Reverend Dr. Cecil Murray dedicated his life to service, community, and putting God first in all things. I had the absolute honor of working with him, worshiping with him, and seeking his counsel,” said Los Angeles Mayor Karen Bass of the dynamic religious leader whose ministry inspired and attracted millionaires as well as former gang bangers and people dealing with substance use disorder (SUD).

Murray oversaw the growth of FAME’s congregation from 250 members to 18,000.

“My heart is with the First AME congregation and community today as we reflect on a legacy that changed this city forever,” Bass continued.

Murray served as Senior Minister at FAME, the oldest Black congregation in the city, for 27 years. During that time, various dignitaries visited and he built strong relationships with political and civic leaders in the city and across the state, as well as a number of Hollywood figures. Several national political leaders also visited with Murray and his congregation at FAME, including Presidents George W. Bush and Bill Clinton.

Murray, a Florida native and U.S. Air Force vet, attended Florida A&M University, where he majored in history, worked on the school newspaper and pledged Alpha Phi Alpha Fraternity.  He later attended Claremont School of Theology in Los Angeles County, where he earned his doctorate in Divinity.

Murray is survived by his son Drew. His wife Bernadine, who was a committed member of the A.M.E. church and the daughter of his childhood pastor, died in 2013.

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Court Throws Out Law That Allowed Californians to Build Duplexes, Triplexes and RDUs on Their Properties

Charter cities in California won a lawsuit last week against the state that declared Senate Bill (SB) 9, a pro-housing bill, unconstitutional. Passed in 2021, SB 9 is also known as the California Housing Opportunity and More Efficiency Act (HOME). That law permits up to four residential units — counting individual units of duplexes, triplexes and residential dwelling units (RDUs) – to be built on properties in neighborhoods that were previously zoned for only single-family homes.

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Charter cities in California won a lawsuit last week against the state that declared Senate Bill (SB) 9, a pro-housing bill, unconstitutional.

Passed in 2021, SB 9 is also known as the California Housing Opportunity and More Efficiency Act (HOME). That law permits up to four residential units — counting individual units of duplexes, triplexes and residential dwelling units (RDUs) – to be built on properties in neighborhoods that were previously zoned for only single-family homes.

A Los Angeles Superior Court Judge ruled in favor of the cities, pointing out that SB 9 discredited charter cities that were granted jurisdiction to create new governance systems and enact policy reforms. The court ruling affects 121 charter cities that have local constitutions.

Attorney Pam Lee represented five Southern California cities in the lawsuit against the state and Attorney General Rob Bonta.

“This is a monumental victory for all charter cities in California,” Lee said.

However, general law cities are excluded from the court ruling as state housing laws still apply in residential areas.

Attorney General Bonta and his team are working to review the decision and consider all options that will protect SB 9 as a state law. Bonta said the law has helped provide affordable housing for residents in California.

“Our statewide housing shortage and affordability crisis requires collaboration, innovation, and a good faith effort by local governments to increase the housing supply,” Bonta said.

“SB9 is an important tool in this effort, and we’re going to make sure homeowners have the opportunity to utilize it,” he said.

Charter cities remain adamant that the state should refrain from making land-use decisions on their behalf. In the lawsuit, city representatives argued that SB 9 eliminates local authority to create single-family zoning districts and approve housing developments.

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Funds for Down Payments and Credit Repair Given to Black First Time Homebuyers

The California Civil Rights Department (CRD) won a $10,000 fair housing settlement last November against a property management company, CIM Group LP, a global real estate company headquartered in Los Angeles, and property owner, RACR Sora, LLC, for implementing a blanket ban on renting to tenants with criminal histories at Sora Apartments in Inglewood. Three months earlier, the department, which enforces California’s civil rights laws, won another $20,000 civil rights settlement against a Lemon Grove property manager, who had targeted a Black tenant with a series of racist actions and threats of violence.

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By McKenzie Jackson, California Black Media

The California Civil Rights Department (CRD) won a $10,000 fair housing settlement last November against a property management company, CIM Group LP, a global real estate company headquartered in Los Angeles, and property owner, RACR Sora, LLC, for implementing a blanket ban on renting to tenants with criminal histories at Sora Apartments in Inglewood.

Three months earlier, the department, which enforces California’s civil rights laws, won another $20,000 civil rights settlement against a Lemon Grove property manager, who had targeted a Black tenant with a series of racist actions and threats of violence.

CRD Director Kevin Kish said the department investigates cases of apparent racial bias in housing and sometimes more subtle acts of prejudice like nuisance-free or crime-free housing policies or holding tenants to different standards based on their race.

Kish said, “People will get evicted if they call the police. This can negatively impact victims of domestic violence. We also see these no-crime ordinances, or no-crime policies, used in racially discriminatory ways. If there is some kind of incident, and the police are called and it involves a Black family, then they get evicted, but other folks aren’t necessarily evicted.”

On April 11,1968, a week after Rev. Dr. Martin Luther King, Jr. was assassinated, President Lydon B. Johnson signed the Fair Housing Act, which prohibits discrimination in the sale, rental, and financing of housing based on race, color, religion, and nationality.

Kish noted that William Byron Rumford, the first Black California State Assemblymember, who represented Berkley and Oakland, spearheaded the passing of the Rumford Act in 1963. That law sought to end discriminatory housing practices in the Golden State, five years before the Fair Housing Act became law.
Real estate agent and housing advocate Ashley Garner is the director of the CLTRE Keeper Home Ownership program. That organization gave 25 Black, indigenous, and people of color $17,500 each in down payment and credit repair support to purchase a home in Oak Park, a traditionally Black neighborhood in Sacramento, last fall. CLTRE obtained a $500,000 grant from the city of Sacramento to award the funds to the residents after they completed an eight-week homeownership program.

In 2021, the California Housing Finance Agency (CalHFA) noted that around four in 10 Black California families owned homes, which trails that of White, Asian-American and Latinos.
According to Forbes, the median price for a home in California is over $500,000, which is double the cost of a home in the rest of the country.

Black lawmakers recently introduced their Reparations Priority Bill Package that includes support for Black first-time homebuyers, homeowners’ mortgage assistance and property tax relief for neighborhoods restricted by historic redlining.

California Housing Finance Agency (CalHFA) spokesperson Eric Johnson said CalHFA helps prospective low-income and moderate-income Californians purchase homes by offering down payment and closing cost aid. “There are lots of people who have steady jobs, good credit scores, constant income, but they haven’t been able to save up the money that traditional banks need or want to see for a down payment,” Johnson stated. “We help those folks out. We give a loan for the down payment to get them over that hurdle.”
CRD and the Department of Real Estate hosted “Fair Housing Protections for People with Criminal Histories” Zoom call on April 10.

On April 25, CRD will also hold Zoom seminars focused on advocating for fair housing for people with disabilities.

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