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Black Contractors Call the City of Oakland’s Proposed Project Labor Agreement a Form of Modern-Day Slavery!

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The City of Oakland held a workshop Aug. 10 at the West Oakland Youth Center. to seek input on the potential impacts of a proposed citywide Proj­ect Labor Agreement (PLA), which is attached to a proposed, Surplus Land Ordinance.

The discussion also includ­ed a Community Workforce Agreement.

Darlene Flynn

Darlene Flynn, director of the City’s Race and Equity Department, provided a sta­tistical analysis of the current landscape in the city and Junious Williams was the moderator.

Unlike the previous work­shop held in East Oakland, union representatives were notice­ably absent. But Brigitte J. Cook, chief of staff for Coun­cil Member Lynette Gibson McElhaney was present to wit­ness an audience of predomi­nantly Black contractors who were opposed the concept of a blanket PLA.

Willie McGary, a 30-year Black contractor and owner of Hercules Builders, said, “(A) Project Labor Agreement is a form of modern-day slavery. Just like crop sharing unions, they force you to pay union dues and give you nothing in return. If you don’t pay, they boycott your business and make it difficult for you to get work.”

The workshop created 25 rec­ommendations to the City Coun­cil for action pri­or to adoption of a Project Labor Agreement.

City staff as­sured participants that their concerns would be relayed to the full Council and not altered.

The Black contractors re­quested an education meeting with City Council members.

Monsa Nitoto

“A policy decision of this magnitude deserves the Coun­cil’s full participation, not lip service. This issue is just as im­portant as the homeless crisis,” said Monsa Nitoto, executive director of the Workforce Col­laborative.

When the late Ray Dones set up the National Association of Minority Contractors in the 1960s, there were 350 Black construction firms in Oakland. Now there are less than 100. Black contractors are on a path to ex­tinction.

Community Ac­tivist Gene Haz­zard said, “It is a falsehood that Oakland Blacks are not skilled enough to get work in the construction industry. These white general contrac­tors import workers from out­side Oakland and put them up in local hotels and claim them as Oakland residents.

Gene Hazard

“With the office of Contract Compliance having one person to monitor 80+ projects, no one verifies compliance of lo­cal hire. You look at the 15 plus large projects in Downtown Oakland with large cranes, and you will see none of them have Black contractor participa­tion. A majority have no Black workers on the job site.”

Jonathan Dumas, employ­ment services supervisor of the city’s Contracts and Compli­ance department, stated, “The (City) cannot require local hire or local business participation on privately financed proj­ects”.

Louis Summerhill, a 25-year electrical contractor, said, “(Union) policies are designed to discriminate against Black contractors and Black work­ers.

“The unions have by design moved all their certified, state-approved apprenticeship train­ing programs out of Oakland. They have set up training pro­grams in Pleasanton, Fairfield, Benicia, Sacramento, Concord and San Jose; locations that are difficult for Oakland residents to access.

“I believe that unless and until unions agree and dem­onstrate an adjustment to their policies and practices, we should not give them the privilege of having a dedicated Project Labor Agreement on City-sponsored projects.”

Jabari Herbert, Focon Con­struction, a 20-year Black general contractor, said, “The only way

Jabari Herbert

to ad­dress this issue of developers and general con­tractors not be­ing inclusive of local and minor­ity participation on privately financed projects is by amend­ing the Building Permit code to require any project which requires a conditional or un­conditional use permit by the Oakland Planning Commis­sion, to comply with the City of Oakland’s 50 percent resident, and local hire requirement.

“There are three ways this can be done; 1) voluntarily by the applicant for the permit, 2) by direction of the City Coun­cil, and 3) by Oakland ballot approval”.

He further stated, “In ad­dition, developers and prime contractors should be fined a substantial amount for non-compliance with local hire goals. If they choose to pay a minimal fee for noncompli­ance, they should be barred from future city contracts.”.

Bernida Reagan

Bernida Reagan, an execu­tive with Merriwether and Wil­liams Insurance Services, stated, “Black contrac­tors need help because they cannot get the performance bonds required to work on Public Works projects. There needs to be a technical as­sistance provision in the pro­posed Project Labor Agree­ment to address this barrier for small, minority and woman owned businesses.”

Currently, the City issues less than 5 percent of its con­tracts to African American businesses. The City is con­ducting a voter-mandated Dis­parity Study to identify areas of discrimination and potential recommendations to remedy the disparities. The Surplus Lands policy should not be adopted prior to the release of this very important Disparity Study.

The third and final commu­nity engagement workshop will be held on Monday, Aug. 19 at the San Antonio Senior Center, 3301 E. 12th St. in Oakland from 7 p.m. to 9 p.m.

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Activism

Discrimination in City Contracts

The report was made public by Councilmember Carroll Fife, who brought it this week to the Council’s Life Enrichment Committee, which she chairs. Councilmembers, angry at the conditions revealed, unanimously approved the informational report, which is scheduled to go to an upcoming council meeting for discussion and action. The current study covers five years, 2016-2021, roughly overlapping the two tenures of Libby Schaaf, who served as mayor from January 2015 to January 2023.

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Dr. Eleanor Ramsey (top, left) founder, and CEO of Mason Tillman Associates, which conducted the study revealing contract disparities, was invited by District 3 Councilmember Carroll Fife (top center) to a Council committee meeting attended by Oakland entrepreneur Cathy Adams (top right) and (bottom row, left to right) Brenda Harbin-Forte, Carol Wyatt, and councilmembers Charlene Wang and Ken Houston. Courtesy photos.
Dr. Eleanor Ramsey (top, left) founder, and CEO of Mason Tillman Associates, which conducted the study revealing contract disparities, was invited by District 3 Councilmember Carroll Fife (top center) to a Council committee meeting attended by Oakland entrepreneur Cathy Adams (top right) and (bottom row, left to right) Brenda Harbin-Forte, Carol Wyatt, and councilmembers Charlene Wang and Ken Houston. Courtesy photos.

Disparity Study Exposes Oakland’s Lack of Race and Equity Inclusion

Part 1

By Ken Epstein

A long-awaited disparity study funded by the City of Oakland shows dramatic evidence that city government is practicing a deeply embedded pattern of systemic discrimination in the spending of public money on outside contracts that excludes minority- and woman-owned businesses, especially African Americans.

Instead, a majority of public money goes to a disproportionate handful of white male-owned companies that are based outside of Oakland, according to the 369-page report produced for the city by Mason Tillman Associates, an Oakland-based firm that performs statistical, legal and economic analyses of contracting and hiring.

The report was made public by Councilmember Carroll Fife, who brought it this week to the Council’s Life Enrichment Committee, which she chairs. Councilmembers, angry at the conditions revealed, unanimously approved the informational report, which is scheduled to go to an upcoming council meeting for discussion and action.

The current study covers five years, 2016-2021, roughly overlapping the two tenures of Libby Schaaf, who served as mayor from January 2015 to January 2023.

The amount of dollars at stake in these contracts was significant in the four areas that were studied, a total of $486.7 million including $214.6 million on construction, $28.6 million on architecture, and engineering, $78.9 million on professional services, and $164.6 million on goods and services.

While the city’s policies are good, “the practices are not consistent with policy,” said Dr. Eleanor Ramsey, founder and CEO of Mason Tillman Associates.

There have been four disparity studies during the last 20 years, all showing a pattern of discrimination against women and minorities, especially African Americans, she said. “You have good procurement policy but poor enforcement.”

“Most minority- and women-owned businesses did not receive their fair share of city-funded contracts,” she continued.  “Over 50% of the city’s prime contract dollars were awarded to white-owned male businesses that controlled most subcontracting awards. And nearly 65% of the city’s prime contracts were awarded to non-Oakland businesses.”

As a result, she said, “there is a direct loss of revenue to Oakland businesses and to business tax in the city…  There is also an indirect loss of sales and property taxes (and) increased commercial office vacancies and empty retail space.”

Much of the discrimination occurs in the methods used by individual city departments when issuing outside contracts. Many departments have found “creative” ways to circumvent policies, including issuing “emergency” contracts for emergencies that do not exist and providing waivers to requirements to contract with women- and minority-owned businesses, Ramsey said.

Many of the smaller contracts – 59% of total contracts issued – never go to the City Council for approval.

Some people argue that the contracts go to a few big companies because small businesses either do not exist or cannot do the work. But the reality is that a majority of city contracts are small, under $100,000, and there are many Black-, woman- and minority-owned companies available in Oakland, said Ramsey.

“Until we address the disparities that we are seeing, not just in this report but with our own eyes, we will be consistently challenged to create safety, to create equity, and to create the city that we all deserve,” said Fife.

A special issue highlighted in the disparity report was the way city departments handled spending of federal money issued in grants through a state agency, Caltrans. Under federal guidelines, 17.06%. of the dollars should go to Disadvantaged Business Enterprises (DBEs).

“The fact is that only 2.16% of all the dollars awarded on contracts (went to) DBEs,” Ramsey said.

Speaking at the committee meeting, City Councilmember Ken Houston said, “It’s not fair, it’s not right.  If we had implemented (city policies) 24 years ago, we wouldn’t be sitting here (now) waiving (policies).”

“What about us? We want vacations. We want to have savings for our children. We’re dying out here,” he said.

Councilmember Charlene Wang said that she noticed when reading the report that “two types of business owners that are consistently experiencing the most appalling discrimination” are African Americans and minority females.

“It’s gotten worse” over the past 20 years, she said. “It’s notable that businesses have survived despite the fact that they have not been able to do business with their own city.”

Also speaking at the meeting, Brenda Harbin-Forte, a retired Alameda County Superior Court judge, and chair of the Legal Redress Committee for the Oakland NAACP, said, “I am so glad this disparity study finally was made public. These findings … are not just troubling, they are appalling, that we have let  these things go on in our city.”

“We need action, we need activity,” she said. “We need for the City Council and others to recognize that you must immediately do something to rectify the situation that has been allowed to go on. The report says that the city was an active or inactive or unintentional or whatever participant in what has been going on in the city. We need fairness.”

Cathy Adams, president of the Oakland African American Chamber of Commerce, said, “The report in my opinion was very clear. It gave directions, and I feel that we should accept the consultant Dr. Ramsey’s recommendations.

“We understand what the disparities are; it’s going to be upon the city, our councilmembers, and our department heads to just get in alignment,” she said.

Said West Oakland activist Carol Wyatt, “For a diverse city to produce these results is a disgrace. The study shows that roughly 83% of the city contracting dollars went to non-minority white male-owned firms under so-called race neutral policies

These conditions are not “a reflection of a lack of qualified local firms,” she continued. “Oakland does not have a workforce shortage; it has a training, local hire, and capacity-building problem.”

“That failure must be examined and corrected,” she said. “The length of time the study sat without action, only further heightens the need for accountability.”

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Activism

New Bill, the RIDER Safety Act, Would Support Transit Ambassadors and Safety on Public Transit

The RIDER Safety Act would allow public transit agencies to hire transit ambassadors trained in de-escalation, crisis response, and rider education and engagement. Acting as a visible, non-enforcement presence to deter low-level incidents and reduce conflict, transit ambassadors would ease the burden from law enforcement and enhance public safety.

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BART train. Photo courtesy of ABC7.
BART train. Photo courtesy of ABC7.

By Post Staff

A new federal bill would support transit ambassador, or transit support specialist, programs at public transit agencies across the country.

The bill, (D-CA-12), H.R. 6069, the Rapid Intervention and Deterrence for Enhanced Rider Safety Act, or the RIDER Safety Act, was introduced Jan. 30 by Congresswoman Lateefah Simon. (D-CA-12), H.R. 6069, the Rapid Intervention and Deterrence for Enhanced Rider Safety Act, or the RIDER Safety Act.

This legislation is based on Congresswoman Simon’s work at Bay Area Rapid Transit (BART) to create a first-in-the-nation Transit Ambassador Program, which previously earned a prestigious nationwide award for “Innovation in Public Safety.”

She announced the bill at a press conference at the 19th Street BART Station alongside BART leaders and other supporters

The RIDER Safety Act would allow public transit agencies to hire transit ambassadors trained in de-escalation, crisis response, and rider education and engagement. Acting as a visible, non-enforcement presence to deter low-level incidents and reduce conflict, transit ambassadors would ease the burden from law enforcement and enhance public safety.

This bill would also create jobs provide meaningful work, training opportunities, and a pathway for career growth in local communities. In the House of Representatives, the bill is also co-led by Representatives Shomari Figures (AL-02), Nellie Pou (NJ-09), Mark DeSaulnier (CA-10), and John Garamendi (CA-08).

“I am incredibly proud to champion the RIDER Safety Act in Congress and continue my work to ensure transit is safe, accessible, and affordable to everyone. We have seen the success of the transit ambassador programs here in the East Bay, and I am dedicated to bringing this proven public safety model to the rest of the country,” said Congresswoman Simon.

“These are strong local jobs for people who want to support public safety on transit and serve as a resource to individuals who may be in crisis or in need of services,” she continued. “Strengthening safety on transit benefits us all and helps ensure our public transportation systems remain places of opportunity, dignity, and trust.”

“This bill is critical to ensure the safety of every passenger who relies on public transportation across the country,” said Congresswoman Nellie Pou. “The RIDER Safety Act builds on successful transit models already implemented in communities, including the Bay Area Rapid Transit (BART) through the leadership of Congresswoman Lateefah Simon during her time as BART President. By providing transit stations with medically trained, unarmed personnel, we can strengthen safety standards, reduce fare evasion, and give riders a greater peace of mind when getting from one place to the next.”

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Activism

Dorothy Lee Bolden: Uniting Domestic Workers

Domestic work followed Bolden beyond high school. According to sources from the New York Times, Bolden said she would wake “at 4 a.m. to leave home by 6 a.m., and be on the job by 8 a.m., perform all those duties necessary to the proper management of a household for eight hours, leave there by 4 p.m. to be home by 6 p.m. where I would do the same things I’ve done all over again for my own family.”

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Dorothy Lee Bolden. File photo.
Dorothy Lee Bolden. File photo.

By Tamara Shiloh

Her first experience with domestic work was at the age of nine. For $1.25 per week, Alabama-born Dorothy Lee Bolden (1923–2005), alongside her mother, washed soiled diapers for a White employer. Little did anyone know that this profession would spur Bolden to spearhead the movement for basic dignity and respect for generations of domestic workers.

Domestic work followed Bolden beyond high school. According to sources from the New York Times, Bolden said she would wake “at 4 a.m. to leave home by 6 a.m., and be on the job by 8 a.m., perform all those duties necessary to the proper management of a household for eight hours, leave there by 4 p.m. to be home by 6 p.m. where I would do the same things I’ve done all over again for my own family.”

It was Bolden’s experiences working as a domestic in 1940’s Atlanta that inspired her civil rights activism. A White female employer demanded that Bolden remain beyond her shift and wash dishes. Bolden refused. She was arrested and held in a county jail because “she was crazy.” There was no other reason for disobeying an order from a White person.

Bolden was never sentenced or institutionalized, but this event was the seed that grew into organization that would protect domestic workers across the United States: the National Domestic Workers Union of America.

Rosa Parks had made public transportation a major breeding ground for civil rights activism, so Bolden began organizing during the long bus rides her peers made to the wealthy neighborhoods. Many were fed up, working long hours for little pay, with little to no worker protections.

This organization of women would go on to fight for worker’s rights, create training programs, and teach workers to advocate for themselves. It was also important to Bolden to teach communication skills.

In the book Household Workers Unite, Bolden is quoted as saying: “You have to teach each maid how to negotiate… And this is the most important thing — communication. I would tell them it was up to them to communicate.”

But respect for Bolden’s activism was not shared by everyone. Although she consulted presidents Ford, Reagan, and Carter, she received several death threats from the Ku Klux Klan.

The New York Times reported that during the makings of an oral history project, Bolden said that “men claiming to be members of the KKK called her house and spoke about “whipping my behind,” but in coarser terms. “I told them any time they wanted to, come on over and grab it,” Bolden said during the interview. “It didn’t scare me, didn’t bother me. It made me angry. It made me determined to do what I had to do.”

Representative John Lewis of Georgia said that Bolden “spoke up, and she spoke out, and when she saw something that wasn’t fair, or just, or right, she would say something.”

The NDWU of America ran until the mid-1990s, but Bolden’s legacy lives on.

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