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Alameda County

Alameda County Grand Jury Says Former D.A. O’Malley Violated State, County Regulations to Win 2018 Reelection

An investigation conducted by the Alameda County Civil Grand Jury has revealed that employees in the office of former District Attorney Nancy O’Malley, including prosecutors, may have violated state and county laws and regulations by using work emails and county-owned equipment to raise money and campaign for their boss in the 2018 election, according to the recent annual Grand Jury’s report.

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Former District Attorney Nancy O’Malley (left) and current District Attorney Pamela Price. Post file photos.
Former District Attorney Nancy O’Malley (left) and current District Attorney Pamela Price. Post file photos.

By Ken Epstein

An investigation conducted by the Alameda County Civil Grand Jury has revealed that employees in the office of former District Attorney Nancy O’Malley, including prosecutors, may have violated state and county laws and regulations by using work emails and county-owned equipment to raise money and campaign for their boss in the 2018 election, according to the recent annual Grand Jury’s report.

“When the District Attorney’s Office management learned that there was improper behavior among District Attorney staff, they took no immediate corrective action, and staff faced no consequences related to that behavior,” according to the report, which was released on June 23.

The grand jury’s investigation, which reviewed hundreds of documents and interviewed more than 30 people, concluded that about 25 staff in the district attorney’s office campaigned during work hours, using county-owned computers and the county-operated email system to raise money for O’Malley’s 2018 reelection campaign.

“(Violations) included requests from district attorney staff to donate to O’Malley’s campaign, as well as attending campaign events, distributing of campaign flyers, and participating in photographs that district attorney staff believed were used to help her candidacy,” the report said.

In addition, the emails were coordinated with police unions in other cities and counties to request their attendance at campaign events and to discuss campaign strategy.

According to the grand jury report, county ordinances, policies and state laws governing campaign activities include:

  • Government Code §8314, which forbids using public resources for unauthorized use, saying it is unlawful to use public resources for political campaign activities.
  • California Government Code §3205, which says employees of a government agency shall not solicit political contributions from an employee of the same or another government agency.
  • California Penal Code §424, which makes illegal misappropriation of public funds by public officials or any other individual who has been entrusted with public funds.
  • Alameda County Administrative Code Chapter 3.40.020, which provides that the county’s communications system shall only be used in the conduct of county business and that no county officer shall use or permit the use of the system for other than county business.

O’Malley won reelection in 2018, defeating civil rights attorney Pamela Price. O’Malley retired at the end of her term in 2022, and Price won election as district attorney against an opponent backed by the former D.A.

Among other policies, Price’s progressive campaign pledged to shake up the staff in the district attorney’s office, end racial disparities in prosecutions, stop mass incarceration, and end prosecution of minors as adults.

According to its website, the civil grand jury works “as an arm of the Superior Court, (and) is comprised of 19 citizens authorized to investigate local government to ensure that public agencies are working in the best interests of the public… (giving) the grand jury a unique role in securing local government accountability and in examining allegations of misconduct.”

Based on its interviews, the grand jury offered two reasons that may have motivated inappropriate staff behavior:

The 2018 election was the first in many years where an incumbent district attorney faced a challenger: “The Grand Jury learned that staff of the Office of the District Attorney had very strong concerns about the outcome of the election,” the report said.

Further, staff was deeply worried that Price would shake up the D.A.’s staff. “The fear that the election of a new district attorney, who had hinted at staff layoffs or terminations, was so overwhelming that staff failed to recognize their disregard of policies regarding campaign-related behavior as potentially illegal,” according to the report.

In its interviews the grand jury found that “while some staff recognized that these emails violated policies forbidding use of the county email system for political purposes, many engaged with colleagues and others in the campaign for district attorney …. No one appears to have spoken up to remind others of policies prohibiting use of county equipment and time on activities related to a political campaign.”

In a statement released this week, District Attorney Price wrote, “The Grand Jury exposed behavior that is unacceptable and especially inexcusable for lawyers. Our new administration will not make those same mistakes or violate the laws and policies ignored by the previous administration. We will not sacrifice our integrity or the public trust for political gain.

“In the Alameda County District Attorney’s Office of today, you can no longer prosecute the law and violate the law at the same time,” she said.

Price said that because she was involved in the original complaint, the DA’s office was recused from the grand jury investigation.

The Oakland Post attempted to contact O’Malley for a response to the allegations but by the newspaper’s deadline had received no reply.

In addition to the original complaint filed with the grand jury in September 2021, a complaint was also filed with the California Fair Political Practices Commission (FPPC), and the California Attorney General.   On May 10, 2023, the FPPC complaint was resolved as “No Violation Found.”

While the grand jury conducted a similar investigation of the 2022 election, it found “only a handful of inappropriate campaign-related emails.”

The grand jury’s recommendations included “rigorous education” of all county employees “about policies related to State and County rules regarding their behavior during political campaigns.”

In addition, the grand jury also said county employees and the public “need to know that complaints will be investigated, that consequences of policy infringement will be administered promptly and fairly, and that a complainant will know that their complaint has been addressed.”

Response to Report by Alameda County Grand Jury: “Misuse of County Information Technology Systems During the 2018 Election Cycle”

The Grand Jury Report is important and needs to be seen in proper context to be fully appreciated as the problem-solving document it should be – not the political hammer some would like it to be.

In every election cycle since 2009, the District Attorney’s office issued clear policies reminding staff of prohibitions against personal or political uses of the county IT system.  Because of an oversight, the policy was not distributed in the 2018 election cycle but verbal reminders were widespread.  As a result, fewer than 1% of employees were found to have run afoul of the law.

Looking at the numbers, of 363 employees of the District Attorney’s office, approximately just 25 inadvertently, inappropriately and minimally used the County IT system for campaign related communications.  During that same time period, more than 77,000 emails were sent or received by the District Attorney’s office, and a statistically immeasurable number were campaign activity. No amount of improper IT use can ever be condoned, but the numbers show actual abuse was very infrequent. The Grand Jury report makes clear that when the District Attorney learned of even this small breach, every employee was required to participate in a training, which was well-documented.  It is unclear why the Grand Jury did not receive the documentation.

The recommendations of the Grand Jury — particularly universal training and documentation — will ensure no errors and/or misuse of county property going forward.  That’s where this discussion should end.

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Alameda County

DA Pamela Price Stands by Mom Who Lost Son to Gun Violence in Oakland

Last week, The Post published a photo showing Alameda County District Attorney Pamela Price with Carol Jones, whose son, Patrick DeMarco Scott, was gunned down by an unknown assailant in 2018.

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District Attorney Pamela Price with Carol Jones
District Attorney Pamela Price with Carol Jones

Publisher’s note: Last week, The Post published a photo showing Alameda County District Attorney Pamela Price with Carol Jones, whose son, Patrick DeMarco Scott, was gunned down by an unknown assailant in 2018. The photo was too small for readers to see where the women were and what they were doing.  Here we show Price and Jones as they complete a walk in memory of Scott. For more information and to contribute, please contact Carol Jones at 510-978-5517 at morefoundation.help@gmail.com. Courtesy photo.

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Alameda County

Oakland Conducts Its Biennial ‘Point in Time’ Homelessness Count

Oakland, along with other cities in Alameda County, conducted their biennial ‘Point In Time’ census count on Feb. 1 to gain a thorough understanding of the size and dispersion of the homeless population in the region. The Point In Time (PIT) count is federally required by the Housing and Urban Development Department as a requirement to receive funding and resources to tackle homelessness in the area.

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Abandoned vehicles on 24th and Wood St where volunteers conducted the count and surveys. Photo by Magaly Muñoz.
Abandoned vehicles on 24th and Wood St where volunteers conducted the count and surveys. Photo by Magaly Muñoz.

By Magaly Muñoz

Oakland, along with other cities in Alameda County, conducted their biennial ‘Point In Time’ census count on Feb. 1 to gain a thorough understanding of the size and dispersion of the homeless population in the region.

The Point In Time (PIT) count is federally required by the Housing and Urban Development Department as a requirement to receive funding and resources to tackle homelessness in the area.

David Modersbach, Grants Manager of Alameda County Health Care for the Homeless program, said that the methodology this time around was different, as this count had a much more personal “lived experience” aspect that previous counts did not have.

In 2022, the county relied more on statistical extrapolation and assumptions, but this year’s survey questionnaires allowed for details on substance abuse issues, how long someone has been living without proper housing, what resources people are in need of and much more.

“[The PIT count is] a critical opportunity for the county, Continuum of Care, and cities to understand the magnitude of homelessness in Alameda County. [The count] enables us to better allocate resources and implement effective programs to tackle this issue head-on in a compassionate and inclusive way,” Modersbach said.

St. Mary’s Center was one of the many meeting hubs across the county that hosted volunteers and community officials the morning of the count. The organization has been deeply involved in the effort to provide resources for unhoused people and others in need.

St. Mary’s is a nonprofit in West Oakland that helps seniors and preschool families with food and housing. Last year, the organization helped about 50 seniors find housing after they had fallen on hard times.

Sharon Cornu, executive director of St. Mary’s, said a lot of the older couples and individuals that come into the center have borne the brunt of the skyrocketing cost of living in the Bay Area. The most recent influx of seniors St. Mary’s has seen coming in for help has been made up of people who were evicted when the COVID-19-related moratorium on rent payment ended.

“Seniors are the fastest growing segment of the unhoused and the incredibly high cost of housing is driving them to the streets,” Cornu said.

Among the volunteers were workers with Operation Dignity, a nonprofit organization that helps veterans and those living on the street find shelter, transitional housing and supportive services.

“These are our stomping grounds,” Ivan Magana, program manager for Operation Dignity said.

Magana stated that his team was extremely familiar with the people residing in the encampments they were conducting the count in since Operation Dignity made many visits to these areas while doing community outreach. He said they had even informed some of the unhoused people they knew about the count a few days prior so they would not be alarmed when the enumerators showed up early in the morning to conduct the count.

Not everyone got the memo though, as the volunteers encountered an almost violent situation around the 6 a.m.  when a young woman living in a bus yelled at the Operation Dignity workers to leave her alone.

Luckily, the three-year experience Mangana has working with Operation Dignity and his knowledge of therapeutic health services, equipped him with the techniques needed to deescalate the tension. The woman soon realized who the volunteers were and apologized, he said.

Another volunteer and Operation Dignity worker, Yolanda Kirkpatrick, noted that she was initially hesitant because of the early schedule. She felt the time deterred others from participating, too.

Her prediction would come true as the hours went on and they continued to walk along 24th St in downtown Oakland and there was very little activity on the streets.

The volunteers shared similar sentiments. Although the community the people they were engaging for the count and surveys encounter tend to distrust outsiders, the PIT count was necessary for the city to receive the appropriate level of federal funds to address a crisis that is spiraling out of control in California.

A full analysis and report of the count will be made available in the summer.

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Activism

Who are the Alameda County District 4 Supervisor Candidates’ Top Campaign Contributors?

Below, we’ve listed each candidate’s 10 highest campaign contributors. For Miley, two of his top campaign donors also bought their own advertisements to support him and/or oppose Esteen through independent expenditures. Such expenditures, though separate from campaign donations, are also public record, and we listed them. Additionally, the National Organization of Realtors has spent about $70,500 on their own independent expenditures to support Miley.

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Jennifer Esteen. (Campaign photo) and Supervisor Nate Miley. (Official photo).
Jennifer Esteen. (Campaign photo) and Supervisor Nate Miley. (Official photo).

By Zack Haber

Nate Miley, who has served on Alameda County’s Board of Supervisors since 2000, is running for reelection to the District 4 supervisor seat.

Jennifer Esteen, a nurse and activist, is seeking to unseat him and become one of the five members of the powerful board that sets the county’s budget, governs its unincorporated areas, and oversees the sheriff, Alameda Health System, and mental health system.

District 4 includes most of East Oakland’s hills and flatlands beyond Fruitvale, part of Pleasanton and unincorporated areas south of San Leandro like Ashland and Castro Valley.

Voting is open and will remain open until March 5.

In California, campaign donations of $100 or more are public record. The records show that Miley has received about $550,000 in total campaign donations since he won the previous District 4 election in March 2020. Esteen has raised about $255,000 in total campaign donations since she started collecting them last July. All figures are accurate through Feb. 20.

While Miley has raised more money, Esteen has received donations from more sources. Miley received donations of $100 or more from 439 different sources. Esteen received such donations from 507 different sources.

Below, we’ve listed each candidate’s 10 highest campaign contributors. For Miley, two of his top campaign donors also bought their own advertisements to support him and/or oppose Esteen through independent expenditures. Such expenditures, though separate from campaign donations, are also public record, and we listed them. Additionally, the National Organization of Realtors has spent about $70,500 on their own independent expenditures to support Miley.

Nate Miley’s top campaign contributors:

The California Apartment Association, a trade group representing landlords and investors in California’s rental housing business, has spent about $129,500 supporting Miley’s election bid through about $59,500 in ads against Esteen$55,000 in ads supporting Miley, and $15,000 in campaign donations.

The independent expenditure committee Preserve Agriculture in Alameda County has spent about $46,025 supporting Miley through about $27,200 in their own ads, and $18,825 in donations to his campaign. Preserve Agriculture has supported reelection efforts for former Alameda County DA Nancy O’Malley, and Sheriff Greg Ahern, a republican. It’s received funding from ChevronPG&E, and a the California Apartment Association.

Organizations associated with the Laborers’ International Union of North America, or LiUNA, have donated about $35,000 in total. Construction and General Laborers Local 304, a local chapter of the union representing which represents over 4,000 workers, donated $20,000.

Laborers Pacific Southwest Regional Organizing Coalition, which represents 70,000 LiUNA members in Arizona, California, Hawaii and New Mexico, donated $15,000.

William ‘Bill’ Crotinger and the East Oakland-based company Argent Materials have donated $26,000. Crotinger is the president and founder of Argent, a concrete and asphalt recycling yard. Argent’s website says it is an eco-friendly company that diverts materials from landfills. In 2018, Argent paid the EPA $27,000 under a settlement for committing Clean Water Act violations.

Michael Morgan of Hayward, owner of We Are Hemp, a marijuana dispensary in Ashland, has donated $21,500.

Alameda County District 1 Supervisor David Haubert has donated $21,250 from his 2024 reelection campaign. He’s running unopposed for the District 1 seat.

SEIU 1021which represents over 60,000 workers in local governments, non-profit agencies, healthcare programs, and schools in Northern California, has donated $20,000.

UA Local 342, which represents around 4,000 pipe trades industry workers in Contra Costa and Alameda counties, donated $20,000.

The union representing the county’s deputy sheriffs, Deputy Sheriff’s Association of Alameda County, has donated $17,000.

Becton Healthcare Resources and its managers have donated $14,625. Becton’s mission statement says it provides “behavioral health management services to organizations and groups that serve the serious and persistent mentally ill population.”

Jennifer Esteen’s top campaign contributors:

Mary Quinn Delaney of Piedmont, founder of Akonadi Foundation, has donated $20,000. Akonadi Foundation gives grants to nonprofit organizations, especially focusing on racial justice organizing,

Bridget Galli of Castro Valley has donated $7,000. Galli is a yoga instructor and a co-owner of Castro Valley Yoga.

Rachel Gelman of Oakland has donated $5,000. Gelman is an activist who has vowed to redistribute her inherited wealth to working class, Indigenous and Black communities.

California Worker Families Party has donated $5,000. The organization’s website describes itself as a “grassroots party for the multiracial working class.”

David Stern of Albany has donated $5,000. Stern is a retired UC Berkeley Professor of Education.

Oakland Rising Committee—a collaborative of racial, economic, and environmental justice organizations—has donated about $3,050.

Fredeke Von Bothmer-Goodyear, an unemployed resident of San Francisco, has donated $2,600.

Robert Britton of Castro Valley has donated $2,500. Britton is retired and worked in the labor movement for decades.

Progressive Era PAC has donated about $2,400. Its mission statement says it “exists to elect governing majorities of leaders in California committed to building a progressive era for people of color.”

East Bay Stonewall Democrats Club has donated $2,250. The club was founded in 1982 to give voice to the East Bay LGBTQIA+ communities.

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