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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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Activism

Youth-Led Black August Event Brings Past to Present at East Oakland Boxing Association

The mission of Youth Alive! Is to “break the cycle of violence, heal trauma, and uplift a thriving community of leaders, to save lives in Oakland and beyond” by serving “as mentors, youth leaders, counselors, case managers, intervention specialists and violence interrupters,” working “to help violently wounded people heal themselves and their community.”

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Dawna Williams, EOBA executive director speaks to attendees at the Black August Eperience on Aug. 21. Photo courtesy of Carolyn Flynn of EOBA.
Dawna Williams, EOBA executive director speaks to attendees at the Black August Eperience on Aug. 21. Photo courtesy of Carolyn Flynn of EOBA.

Youth-Led Black August Event Brings Past to Present at East Oakland Boxing Association

The East Oakland Boxing Association (EOBA) and Youth Alive! came together on Aug. 21 to share with their community all that Black August means to them.

Held on EOBA’s patio at 816 98th Ave. in Deep East Oakland, the two organizations hosted their second annual Black August Experience, featuring a food tasting, financial literacy and mindfulness workshops, and voter registration with the League of Women Voters Oakland (LWV).

Black August is known as a time to uphold the legacy of prisoners who protested their conditions by fasting, fighting, and educating themselves on the economic and political circumstances that contributed to their incarceration.

According to its website, “EOBA is a multi-service youth and community development hub that goes far beyond the ring. While rooted in the discipline of boxing, for nearly 40 years EOBA has also integrated robust programs in workforce development, food justice, afterschool enrichment, financial literacy, mentorship, and wellness.”.

The mission of Youth Alive! Is to “break the cycle of violence, heal trauma, and uplift a thriving community of leaders, to save lives in Oakland and beyond” by serving “as mentors, youth leaders, counselors, case managers, intervention specialists and violence interrupters,” working “to help violently wounded people heal themselves and their community.”

Through Coro California, another leadership organization serving young people across the state for 80 years, they gained a broader understanding of Black August.

EOBA Executive Director Dawna Williams spoke about how much she learned about Black August from the youth who created it. “I let them educate me,” she said. Instead of talking about prison reform and mass incarceration, Williams and youth interns found that Black August meant so much more. “We would have done a disservice if we had just focused on who the people were and what their situation was…We tried to take their message from back in the day and make it relevant to the young people today. What do they need to know?”

Youth interns created and placed posters around the patio to help participants understand how traditional Black foodways, civic engagement, financial literacy, and the power of education are relevant to Black resistance today.

An EOBA member described Black August with Youth ALIVE! as “a whole vibe. “This year we added the Fun Zone for the kids, because you really cannot go wrong with a Fun Zone. I also loved seeing everyone chillin’ in the outdoor lounge, catching some Vitamin D and just enjoying a Friday evening together.”

The food tasting, a popular event from last year, featured traditional Black foods such as black-eyed peas, johnny cakes, and fried chicken. Led by Williams, the tasting included a talk about how these traditional foods were made and why they are forms of Black resilience.

The “‘Plate of History’ was a favorite of the online writers. “Fun, educational, and did I mention delicious? Our Taste of History cook, Angela Southall, served up some good eats while connecting food to history and culture.”

The writer also commended the “League of Women Voters Oakland for their civic leadership and for getting our young people informed, ready, and registered to vote.”

Overall, it was a “good Friday event in East Oakland,” the writer said.

Upcoming Black August events: Building Opportunities for Self-Sufficiency (BOSS), will host “Black August: The Arc of Liberation” at Oakland City Hall on Sat. Aug. 29, from 11 a.m. to 3 p.m.

The websites for East Oakland Boxing Association, Youth Alive! and CORO are sources for this report.

Jana Lang is an Oakland resident, teacher, gardener and poet participating in the Propel News Initiative.

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Activism

Agricultural Engineer Effie Gant Plans Bay Area Farmers Market Initiative

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Agricultural Engineer Effie Gant displays watermelons from her Sacramento farm at the Temescal Festival in Oakland. Photo by Carla Thomas.

In her 80s and still actively working as an agricultural engineer, Effie Gant continues to break barriers in urban farming and community leadership.

The certified USDA grower and respected urban farmer, based in South Sacramento, was recently spotted vending at the Freedom Farmers’ Market by the Temescal Street Fair on Saturday, July 11, where she proudly displayed dozens of sweet, juicy watermelons.

Festivalgoers gathered not only to purchase her produce but also to enjoy activities like the popular watermelon-eating contest. Yet beyond the festive atmosphere, Gant has a larger vision.

Gant is now setting her sights on the Bay Area, where she plans to launch a farmers’ market to increase access to fresh, locally grown food.

Known for her leadership in sustainable agriculture and food justice, she brings decades of hands-on experience and community advocacy to regions where food access remains inconsistent.

She has built a strong reputation through her work with Meadowview Urban Farm and the Yisrael Family Urban Farm, cultivating crops such as watermelons, honeydew melons, and collard greens. Her approach emphasizes sustainability, education, and empowering residents to grow their own food, even in small urban spaces. 

As a USDA-certified grower, Gant blends technical expertise with grassroots engagement to combat food insecurity.

Beyond farming, Gant serves as CEO and President of Highways to Hedges, a nonprofit focused on environmental justice and community development. She is also president of the Hampton Station Neighborhood Association and board chairman for HHCORE, where she advocates for safety, equity, and economic opportunity.

Her proposed farmers market will connect small-scale farmers with urban communities while elevating Black farmers and other underrepresented growers.

“I want to teach the next generation about farming and how lucrative it can be,” Gant said. “You don’t need hundreds of acres. You can start with one acre or even your backyard.”Gant also noted her involvement in a collective of farmers who supply produce through government-supported programs.

“We operate as a team, and we all benefit,” she said.

Through workshops, speaking engagements, and hands-on training, Gant and her organization continue to educate communities about agriculture and food justice. Her market initiative will emphasize affordability, cultural relevance, and nutrition education.

Her broader work includes creating edible forests in partnership with Soil Born Farms, planting fruit trees directly in neighborhoods to expand food access. As a mentor with the Center of Expertise on Food Justice and Health Equity, Gant remains a leading voice in building sustainable and resilient food systems.

Gant says she welcomes the community to join her in creating a new farmer’s market. 

“Farming is essential to life,” she said. “I want to train as many people as I can to use food and farming as a tool for empowerment, health, and long-term change.”



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Activism

From Disparity Study to Solutions: Oakland Coalition and Mayor Barbara Lee Renew Commitment to Reform City Contracting

She committed to ensuring the coalition has direct access to City leadership by designating Assistant Deputy City Administrator Chuck Baker the primary liaison. Working alongside Deputy City Administrator Sofia Navarro, DWES Director Emylene Aspilla, Race and Equity Director Darlene Flynn, and other City departments, the coalition will continue advancing these priorities while maintaining regular communication with City leadership.

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Present at the recent meeting on implementing recommendations on Oakland’s Disparity Study on city work contracts were (first row, l. to r.):  Chuck Baker, Oakland Mayor Barbara Lee and Darlene Flynn. Second row, l. to r.) Samuel Adams, Erica Astrella, Chadwick Spell, Cathy Adams, Stanley Cooper, Maria Wagner, Len Turner, Derek Barnes, Paul Cobb. Photo courtesy of Oakland Mayor’s Office.
Present at the recent meeting on implementing recommendations on Oakland’s Disparity Study on city work contracts were (first row, l. to r.):  Chuck Baker, Oakland Mayor Barbara Lee and Darlene Flynn. Second row, l. to r.) Samuel Adams, Erica Astrella, Chadwick Spell, Cathy Adams, Stanley Cooper, Maria Wagner, Len Turner, Derek Barnes, Paul Cobb. Photo courtesy of Oakland Mayor’s Office.

Special to The Post

On June 30, a coalition of minority business leaders, contractors and others met with Oakland Mayor Barbara Lee to discuss the City’s commitment to implement recommendations outlined in Oakland’s Disparity Study and eliminate barriers that have historically prevented Black and minority-owned businesses from fully participating in public contracting opportunities.

Representatives of the Oakland African American Chamber of Commerce (OAACC), National Association of Minority Contractors Northern California (NAMC NorCal), Construction Resource Center (CRC), and the East Bay Rental Housing Association (EBRHA) said the meeting represented an important milestone in a process that has been underway for several months.

On April 21, the Oakland City Council’s Life Enrichment Committee received a progress report from the Department of Workplace and Employment Standards (DWES), where Director Emylene Aspilla presented the coalition’s working document and outlined a collaborative implementation plan between the coalition and the City. That report established 30-, 60-, and 90-day objectives focused on five key priorities:

  • Reforming Local and Small Local Business Enterprise (L/SLBE) waiver practices
  • Strengthening prompt payment compliance
  • Improving procurement forecasting and transparency
  • Expanding contractor capacity building and business development
  • Increasing oversight, accountability, and public reporting

A series of working sessions was scheduled between coalition representatives, DWES, and the City Administrator’s Office to begin implementing those priorities but were temporarily delayed by the resignation of former City Administrator Jestin Johnson.

Rather than allowing that momentum to stall, OAACC President and CEO Cathy Adams requested a meeting with Lee to gain clarity on the City’s direction and reaffirm its commitment to implementing the recommendations contained within the Disparity Study.

Coalition leaders described the meeting as productive, candid, collaborative, and encouraging.

During the meeting, Lee spoke not only from her role as mayor but also from her experience as an 8(a) contractor and business owner, sharing that she understands firsthand what it takes to build and grow a successful company, employ a substantial workforce, compete for public work, and navigate the complexities of municipal contracting.

She committed to ensuring the coalition has direct access to City leadership by designating Assistant Deputy City Administrator Chuck Baker the primary liaison. Working alongside Deputy City Administrator Sofia Navarro, DWES Director Emylene Aspilla, Race and Equity Director Darlene Flynn, and other City departments, the coalition will continue advancing these priorities while maintaining regular communication with City leadership.

Mayor Lee also expressed her commitment to personally participate in future working meetings with the coalition.

“This meeting represents a renewed commitment to partnership,” said Adams. “Mayor Lee listened, engaged, and demonstrated that she wants to move beyond conversation and into implementation.”

CRC’s Len Turner said the roadmap is already in place. ““The City already has the evidence. What’s been missing is execution. …Now it’s time to deliver results.”

Mario Wagner, president of NAMC NorCal agreed that the next phase must focus on implementation, funding, and accountability.

“The coalition is ready to get to work. …The next step is ensuring these initiatives receive meaningful funding in the upcoming fiscal budget cycle. Just as important, the City must establish transparent reporting mechanisms that keep the public informed through regular progress reports, measurable benchmarks, and accountability.”

Coalition leaders also acknowledged that while City leadership has indicated it is reviewing Local and Small Local Business Enterprise waiver practices, the community continues to seek a formal response regarding existing long-term waivers, including waivers extending 10 and 25 years. The coalition believes those waivers should be comprehensively reviewed and, where appropriate, rolled back as part of the City’s broader contracting reforms.

The coalition is also calling on the City to include meaningful funding in the upcoming fiscal budget cycle to support implementation of the Disparity Study recommendations and establish better methods and mechanisms to keep the public informed through regular progress reports, measurable benchmarks, and transparent accountability.

The coalition’s immediate next step is to schedule a working meeting with Baker, Aspilla, Lee, and the appropriate City staff to review what has already been accomplished under the implementation framework.

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