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Commissioner Claims City Administrator and City Attorney Are Obstructing Police Commission

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The Oakland City Administrator’s Office has prevented the Oakland Police Commission from fulfilling certain elements of the Police Commission enabling ordinance, the law that grants the Commission its legal status and powers over the Oakland Police Department, according to public statements by Police Commissioner Edwin Prather.

Prather spoke during a public comment period at a Public Safety Committee meeting April 9, bluntly describing City Administrator Sabrina Landreth’s actions as “dilatory and obstructive.”

He also called Landreth’s report “offensive.”

Prather’s comments followed an oral report by Stephanie Hom,  deputy city administrator, outlining Office of the City Administrator’s interactions with the Police Commission, including the posting of job notices for key positions at the commission – the Inspector General and Independent Legal Counsel.

Council President Rebecca Kaplan, a member of the City Council’s Public Safety Committee, also had unusually harsh words for the City Administrator’s report, saying that it “almost seems like an attempt to deceive the public.”

The most contentious issue in the report centered on the ongoing power struggle around the hiring of the Inspector General, a Police Commission position specified in the council-approved enabling ordinance.

Prather claimed that the commission crafted the position according to the language in the enabling ordinance, which puts the Inspector General position under the control of the commission, and then sent the job description to Landreth’s office in  October 2018.

According to Prather, Landreth’s office did not reply until February 2019 and then sent back a significantly altered job description. The commission balked at agreeing to the changes, and the position has remained in limbo since then.

The enabling ordinance passed by the council contains no ambiguity about the job description and hiring being under purview of the Police Commission, even noting that background checks can only be submitted to the commission.

Prather also said that the City Attorney’s Office has put similar obstacles in the way of the Commission’s independent legal counsel hiring specified by the enabling ordinance. He also said the current counsel, who reports to the City Attorney, shared privileged information from a closed session with the City Attorney against the express instructions of the Commission.

Prather added that the commission’s administrative assistant has been instructed by the City Administrator’s Office to forego attendance at the commission’s twice-monthly meetings.

Hom explained that Landreth, following  City Attorney Barbara Park’s opinion, said that the Inspector General position violates the Charter and chose not to follow the enabling ordinance as passed by the council.

The City Charter in two different sections, however, directs the City Administrator to enforce and carry out laws as passed by the council.

This ongoing power struggle arises from the contentious efforts to pass the enabling ordinance, which fleshes out the powers in the voter-approved Measure LL, creating the Police Commission as an amendment to the City Charter.

The process has taken years: first delayed by “meet and confer” requirements with the Oakland Police Officers Association (OPOA), which was required by the City Administrator and lasted nearly a year.

In another delay, the City Attorney declared the Office of the Inspector General position was illegal as defined by the charter. The legislation finally made its way to full council in June 2018 where, despite the ongoing opposition of the City Attorney and the City Administrator, the Council voted 6 to 1 to accept the enabling ordinance with the Office of the Inspector General, including making the position independent of the city administration.

At the time, Landreth took the unusual step of prefacing the second reading of the vote in favor of the enabling ordinance with a prepared statement sternly warning against passing the ordinance.

As Kaplan noted, and Hom corroborated, the legal opinions upon which Landreth is currently basing her findings are the arguments the City Attorney offered in 2018. Those were rejected by the council when it passed the enabling ordinance.

As Kaplan also stressed, during a period between June 2016 and January, 2017, Landreth functioned as interim Police Chief after the resignation/firing of Sean Whent during the Celeste Guap rape scandal.

If Landreth’s interpretation of the role of Inspector General were to be enacted, she would have the power to supervise or fire the official who could investigate events that happened during the City Administrator’s time as chief.

The committee voted unanimously to submit a resolution to the immediate Rules Committee on Thursday, April 11 for scheduling as an item on the next City Council agenda, obligating the City Administrator to release the job positions as the Commission intended.

At the meeting, the City Attorney requested time to review the legality of compelling action from the City Administrator. She agreed to complete the process in time to place the issue on the April 30 City Council agenda.

 

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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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City Government

Vallejo Welcomes Interim City Manager Beverli Marshall

At Tuesday night’s Council meeting, the Vallejo City Council appointed Beverli Marshall as the interim city manager. Her tenure in the City Manager’s Office began today, Wednesday, April 10. Mayor Robert McConnell praised Marshall’s extensive background, noting her “wide breadth of experience in many areas that will assist the City and its citizens in understanding the complexity of the many issues that must be solved” in Vallejo.

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Beverli Marshall began her first day with the City on April 10. ICMA image.
Beverli Marshall began her first day with the City on April 10. ICMA image.

Special to The Post

At Tuesday night’s Council meeting, the Vallejo City Council appointed Beverli Marshall as the interim city manager. Her tenure in the City Manager’s Office began today, Wednesday, April 10.

Mayor Robert McConnell praised Marshall’s extensive background, noting her “wide breadth of experience in many areas that will assist the City and its citizens in understanding the complexity of the many issues that must be solved” in Vallejo.

Current City Manager Michael Malone, whose official departure is slated for April 18, expressed his well wishes. “I wish the City of Vallejo and Interim City Manager Marshall all the best in moving forward on the progress we’ve made to improve service to residents.” Malone expressed his hope that the staff and Council will work closely with ICM Marshall to “ensure success and prosperity for the City.”

According to the Vallejo Sun, Malone stepped into the role of interim city manager in 2021 and became permanent in 2022. Previously, Malone served as the city’s water director and decided to retire from city service e at the end of his contract which is April 18.

“I hope the excellent work of City staff will continue for years to come in Vallejo,” he said. “However, recent developments have led me to this decision to announce my retirement.”

When Malone was appointed, Vallejo was awash in scandals involving the housing division and the police department. A third of the city’s jobs went unfilled during most of his tenure, making for a rocky road for getting things done, the Vallejo Sun reported.

At last night’s council meeting, McConnell explained the selection process, highlighting the council’s confidence in achieving positive outcomes through a collaborative effort, and said this afternoon, “The Council is confident that by working closely together, positive results will be obtained.” 

While the search for a permanent city manager is ongoing, an announcement is expected in the coming months.

On behalf of the City Council, Mayor McConnell extended gratitude to the staff, citizen groups, and recruitment firm. 

“The Council wishes to thank the staff, the citizens’ group, and the recruitment firm for their diligent work and careful consideration for the selection of what is possibly the most important decision a Council can make on behalf of the betterment of our City,” McConnell said.

The Vallejo Sun contributed to this report.

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City Government

Vallejo Community Members Appeal Major Use Permit for ELITE Charter School Expansion

Vallejo community members, former Solano County judge Paul Beeman and his wife Donna Beeman, filed an appeal against the approval of the Major Use Permit for the expansion of ELITE Public Schools into downtown less than two weeks after the Planning Commission approved the permit with a 6-1 vote.

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Vallejo community members have appealed the Major Use Permit for the ELITE Public Schools Charter high school expansion in the downtown area. Photo by Kinyon and Kim Architects, Inc.

By Magaly Muñoz

Vallejo community members, former Solano County judge Paul Beeman and his wife Donna Beeman, filed an appeal against the approval of the Major Use Permit for the expansion of ELITE Public Schools into downtown less than two weeks after the Planning Commission approved the permit with a 6-1 vote.

ELITE Charter School has been attempting to move into the downtown Vallejo area at 241-255 Georgia Street for two years, aiming to increase its capacity for high school students. However, a small group of residents and business owners, most notably the Beeman’s, have opposed the move.

The former county judge and his wife’s appeal alleges inaccuracies in the city’s staff report and presentation, and concerns about the project’s exemption from the California Environmental Quality Act (CEQA).

The Beeman’s stress that their opposition is not based on the charter or the people associated with it but solely on land use issues and potential impact on their business, which is located directly next to the proposed school location.

The couple have been vocal in their opposition to the expansion charter school with records of this going back to spring of last year, stating that the arrival of the 400 students in downtown will create a nuisance to those in the area.

During the Planning Commission meeting, Mr. Beeman asked Commissioner Cohen-Thompson to recuse herself from voting citing a possible conflict of interest because she had voted to approve the school’s expansion as trustee of the Solano County Board of Education. However, Cohen-Thompson and City Attorney Laura Zagaroli maintained that her positions did not create a conflict.

“I feel 100% that the attorney’s opinion is wrong,” Beeman told the Post.

He believes that Cohen-Thompson has a vested interest in upholding her earlier vote as a trustee and is advocating for people to ratify her opinion.

Cohen-Thompson declined to comment on the Post’s story and Zagaroli did not respond for comment.

The Beeman’s further argue that the school’s presence in the commercial district could deter future businesses, including those who sell alcohol due to proximity to schools.

According to Alcohol Beverage Control (ABC), the department can deny any retail license located within 600 feet of a school. Only one alcohol selling business is located within that range, which is Bambino’s Italian restaurant at 300 feet from the proposed location.

The project’s proponents argue that the school would not affect current or future liquor-selling establishments as long as they follow the ABC agency’s guidelines.

The Beeman’s also referenced Vallejo’s General Plan 2040, stating that the proposed expansion does not align with the plan’s revitalization efforts or arts and entertainment use. They argue that such a development should focus on vacant and underutilized areas, in accordance with the plan.

The proposed location, 241 Georgia Street aligns with this plan and is a two minute walk from the Vallejo Transit Center.

The General Plan emphasizes activating the downtown with, “Workers, residents, and students activate the downtown area seven days a week, providing a critical mass to support a ‘cafe culture’ and technology access, sparking innovation and entrepreneurship.”

City staff recommended exempting the project from CEQA, citing negligible impacts. However, Beeman raised concerns about increased foot traffic potentially exacerbating existing issues like theft and the lack of police presence downtown. He shared that he’s had a few encounters with kids running around his office building and disturbing his work.

Tara Beasley-Stansberry, a Planning Commissioner and owner of Noonie’s Place, told the Post that the arrival of students in downtown can mean not only opportunities for surrounding businesses, but can allow for students to find their first jobs and continue to give back to the community in revitalization efforts.

Beasley-Stansberry had advocated for the students at the March Commission meeting, sharing disappointment in the way that community members spoke negatively of the teens.

“To characterize these children as criminals before they’ve even graduated from high school, that’s when I had to really take a look and I was kind of lost as to where we were as a city and as a community to where I couldn’t understand how we were viewing these children,” Beasley-Stansberry told the Post.

She added that the commissioners who voted yes on the project location have to do what is right for the community and that the city’s purpose is not all about generating businesses.

ELITE CEO Dr. Ramona Bishop, told the Post that they have worked with the city and responded to all questions and concerns from the appropriate departments. She claimed ELITE has one of the fastest growing schools in the county with mostly Vallejo residents.

“We have motivated college-bound high school students who deserve this downtown location designed just for them,” Bishop said. “We look forward to occupying our new [location] in the fall of 2024 and ask the Vallejo City Council to uphold their Planning Commission vote without delay.”

The Vallejo City Council will make the final decision about the project location and Major Use Permit on April 23.

 

 

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