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Lawmakers Approve “Upward Mobility” Bill, Proposing More Slots for Blacks on State Boards, Commissions

The bill also directs the Department of Human Resources (CalHR) to develop model upward mobility goals to include race, gender, and LGBTQ identity as factors to the extent permissible under state and federal equal protection laws.

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Capitol Building in Washington, D.C. Photo courtesy of Harold Mendoza via Unsplash

Assemblymember Chris Holden’s (D-Pasadena) ‘Upward Mobility Bill’ (AB 105) passed the California State Senate with a 29-to-8 vote on September 9.

The legislation promotes more opportunities for people of color in California’s civil services system and requires diversity on state boards and commissions. The bill now heads to the governor’s desk to either be signed into law or to be vetoed.

“Upward mobility is integral to achieving racial justice, and we should be setting the example,” said Holden. “The existing systems in place at our own state agencies fail to create inclusive workplace environments and hinder qualified individuals to move up within their department simply based on the color of their skin. Today, the Legislature took a bold step to fix the problem.”

Specifically, AB 105 would require the California State Personnel Board (SPB) to establish a process that includes best practices and emphasizes diversity in the announcement, design, and administration of exams for potential state employees.

The bill also directs the Department of Human Resources (CalHR) to develop model upward mobility goals to include race, gender, and LGBTQ identity as factors to the extent permissible under state and federal equal protection laws.

Additionally, AB 105 calls for state agencies to collect and report demographic data using more nuanced categories of Californians of African descent, similar to the data collected for Californians of Asian descent.  This data will be critical in accurately reporting who among Californians of African descent is experiencing barriers to upward mobility.

Last year, Gov. Gavin Newsom signed AB 3121 into law, which was authored by former Assemblymember Dr. Shirley Weber, who is now Secretary of State. That bill established a task force to study and develop reparations proposals for African Americans.  AB 105 would give the task force more accurate data to utilize in its deliberations.

CalHR data shows that the majority of non-white civil service personnel are paid a salary in the “$40,000 and below” range. When the salary range increases, the percentage of non-white civil servants working in upper-level or management positions decreases. The opposite is true for white civil servants who dominate in management and upper-level civil service positions.

The Sacramento Bee has published a series of letters written on behalf of Black employees working at state agencies such as the California Air Resources Board (CARB) and the California Department of Corrections and Rehabilitation with detailed accounts of how Black employees are passed up for promotions over white employees. The problem, however, is not limited to upward mobility. In early November, three Black employees at the California Office of Publishing found racial slurs written on cards at their desk.

“We already mandated the private sector to do their part. It’s time for the state to step up and do theirs,” said Holden.

Newsom has until Oct. 10, 2021, to sign the legislation.

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Bay Area

Grand Jury: Richmond Police Short-staffed Amid Budget Cuts, Council Inaction

In recent years, RPD was described as severely understaffed in two independent reports, one by Raftelis Financial Consulting (2024) and another by Matrix Consulting Group (2023). Raftelis recommended the hiring of 27 more officers and Matrix recommended hiring 30. Despite these findings, “neither report has been fully discussed by the City Council in a public meeting,” the Grand Jury report notes.  

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RPD headquarters. Courtesy image.
RPD headquarters. Courtesy image.

The Richmond Standard

A newly released Contra Costa County Civil Grand Jury report raised concerns about public safety in Richmond caused by an understaffed police department.

The Grand Jury ultimately recommended that the Richmond City Council reverse its actions to defund the Richmond Police Department, which remains below the approved level of 146 sworn officers with a current vacancy of 23 officers, according to the report.

In 2014, when the RPD under Chief Chris Magnus gained national recognition for implementing a community policing model that drove down crime, the department boasted 196 sworn officers.

In recent years, RPD was described as severely understaffed in two independent reports, one by Raftelis Financial Consulting (2024) and another by Matrix Consulting Group (2023). Raftelis recommended the hiring of 27 more officers and Matrix recommended hiring 30. Despite these findings, “neither report has been fully discussed by the City Council in a public meeting,” the Grand Jury report notes.

Meanwhile, crime is on the rise. While homicides were down from 18 in 2021 to 11 in 2024, violent crimes overall jumped 22.6% in that time. Robbery and aggravated assault both increased by nearly 20%, with sexual assaults up 21%, according to the grand jury report’s findings.

Those numbers are likely higher since RPD’s limited staffing means police are unable to respond to all calls for service, according to RPD authorities.

The Grand Jury report noted a pivotal moment for the police department occurred in the wake of George Floyd’s murder by a Minneapolis police officer in 2020.

Jumping aboard a national trend to defund police, the City Council, led by the Richmond Progressive Alliance (RPA), reallocated $3 million away from the RPD budget, leading to downsizing or elimination of RPD’s specialized investigative units.

The funds were redirected to support the YouthWORKS Program, unhoused services, the Office of Neighborhood Safety (ONS), and a new alternative non-police community response team.

The latter strategy, known as the Community Crisis Response Program (CCRP), aims to reduce the number of calls to dispatch that require a law enforcement response. But the program has yet to be fully implemented and is being challenged by the RPD’s union, which takes issue with CCRP employees becoming members of SEIU Local 1021, a separate city union that routinely helps to elect RPA members to the City Council.

The Grand Jury recommends that the city use a portion of the $550 million Chevron settlement funds to hire and retain more officers. The City Council recently expressed interest in using those funds to address the city’s unfunded pension liabilities. To read the full, 10-page Grand Jury report, go to https://www.cc-courts.org/civil/docs/grandjury/2024-2025/2503/2503-DiminishingFundsandFewerOfficers.pdf?fbclid=IwY2xjawKR1AVleHRuA2FlbQIxMABicmlkETFxeW1vUTFXNWNWazZCZmxIAR6FJYmFEfK098FXFhC4lvSCMSbHr5aEVno_sZqukzhZKI9iEvsu8kr_KoKX6g_aem_Xp15VG4_irpJqDWBcAI7-g

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Activism

After Two Decades, Oakland Unified Will Finally Regain Local Control

The decades of direct intervention by state officials, Alameda County education officials and a powerful, state-funded regulatory agency, the Fiscal Crisis Management and Assistance Team (FCMAT), will finally come to an end in July, according to the office of State Superintendent of Schools Tony Thurmond.

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Oakland Unified School District’s Central Administrative Center and Board Room at the site of Cole School in West Oakland. Courtesy photo.
Oakland Unified School District’s Central Administrative Center and Board Room at the site of Cole School in West Oakland. Courtesy photo.

By Ken Epstein

After 20 years under state control, the Oakland Unified School District (OUSD) will regain local authority over its budget and day-to-day decision-making, emerging from an era of austerity when the district was forced by state-appointed overseers to close more than 40 mostly flatland schools, eliminate educational programs, and cut millions of dollars in services for students and classrooms.

After making its final payment on a $100 million state loan at the end of June, the district in July will again be under the authority of the local school board, like other districts statewide.

The decades of direct intervention by state officials, Alameda County education officials and a powerful, state-funded regulatory agency, the Fiscal Crisis Management and Assistance Team (FCMAT), will finally come to an end in July, according to the office of State Superintendent of Schools Tony Thurmond.

The official narrative of the state takeover is a simple one: the district overspent its budget, and the state altruistically stepped in to rescue it.

But the truth behind the takeover is far different. It’s a story of raw power, greed, and racism.

When the state declared the district insolvent in 2003, OUSD had a $39 million deficit, and funds in a reserve account sufficient to loan itself funds to cover the deficit, a practice that was common in other districts. However, the state would not allow Oakland to use its own money to cover the shortfall.

The state stepped in, fired Supt. Dennis Chaconas, eliminated the authority of the Board of Education, forced the district to take a $100 million loan that it neither needed nor requested, and appointed a receiver, Randolph Ward, who reported to the state schools’ superintendent, making all the decisions related to the operation of OUSD, including how to spend the $100 million loan.

Not only did the district have to repay the loan, it had to pay the salaries of the various overseers it was required to hire.

Involved in the drive to take control of the district and sell school properties was Oakland’s then powerful State Senator Don Perata, who had been pushing for several years to take control of the district, unsuccessfully attempting to sell the district’s Second Avenue headquarters to real estate developers.

Other local business and political leaders, including State Supt. of Schools Bill Honig, were determined to eliminate the power of the Black majority school board, which was seen as an impediment to the agenda for business as usual.

Among recent interventions by Oakland’s outside overseers was in 2021, when the district, with broad community support, was about to adopt a resolution for “Reparations for Black Students.” The outside trustee spoke at a school board meeting to block the passage of the measure until the board removed wording that would have protected predominantly Black schools from being closed.

In 2024, during district negotiations with administrators, the trustee did not allow the board to approve more money unless it agreed to guidelines to close and merge schools.

In a letter to the district, Alameda County Superintendent of Schools Alysse Castro agreed that the district has done what is necessary to regain local control but that challenges remain.

“These improvements co-exist with ongoing concerns that OUSD must still confront its structural deficit and address the long-standing overinvestment in small schools,” she wrote.

“However, these are challenges of local policy and the domain of a locally elected board of education, not of mismanagement or financial misconduct,” Castro wrote.

“Continuing to require a trustee to backstop them risks continued delay in local ownership and accountability and reinforces a counterproductive narrative that feeds resistance and undermines the board’s willingness to engage their community in making necessary tradeoffs.”

Going forward, the district still faces financial difficulties. According to reports, the board must make $73 million in cuts to the 2025-2026 budget and an additional $17 million from the 2026-2027 budget.

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Activism

California Rideshare Drivers and Supporters Step Up Push to Unionize

Today in California, over 600,000 rideshare drivers want the ability to form or join unions for the sole purpose of collective bargaining or other mutual aid and protection. It’s a right, and recently at the State Capitol, a large number of people, including some rideshare drivers and others working in the gig economy, reaffirmed that they want to exercise it. 

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Shutterstock
Shutterstock

By Antonio‌ ‌Ray‌ ‌Harvey‌
California‌ ‌Black‌ ‌Media‌

On July 5, 1935, President Franklin D. Roosevelt signed into federal law the National Labor Relations Act (NLRA). Also known as the “Wagner Act,” the law paved the way for employees to have “the right to self-organization, to form, join, or assist labor organizations,” and “to bargain collectively through representatives of their own choosing, according to the legislation’s language.

Today in California, over 600,000 rideshare drivers want the ability to form or join unions for the sole purpose of collective bargaining or other mutual aid and protection. It’s a right, and recently at the State Capitol, a large number of people, including some rideshare drivers and others working in the gig economy, reaffirmed that they want to exercise it.

On April 8, the rideshare drivers held a rally with lawmakers to garner support for Assembly Bill (AB) 1340, the “Transportation Network Company Drivers (TNC) Labor Relations Act.”

Authored by Assemblymembers Buffy Wicks (D-Oakland) and Marc Berman (D-Menlo Park), AB 1340 would allow drivers to create a union and negotiate contracts with industry leaders like Uber and Lyft.

“All work has dignity, and every worker deserves a voice — especially in these uncertain times,” Wicks said at the rally. “AB 1340 empowers drivers with the choice to join a union and negotiate for better wages, benefits, and protections. When workers stand together, they are one of the most powerful forces for justice in California.”

Wicks and Berman were joined by three members of the California Legislative Black Caucus (CLBC): Assemblymembers Tina McKinnor (D-Inglewood), Sade Elhawary (D-Los Angeles), and Isaac Bryan (D-Ladera Heights).

Yvonne Wheeler, president of the Los Angeles County Federation of Labor; April Verrett, President of Service Employees International Union (SEIU); Tia Orr, Executive Director of SEIU; and a host of others participated in the demonstration on the grounds of the state capitol.

“This is not a gig. This is your life. This is your job,” Bryan said at the rally. “When we organize and fight for our collective needs, it pulls from the people who have so much that they don’t know what to do with it and puts it in the hands of people who are struggling every single day.”

Existing law, the “Protect App-Based Drivers and Services Act,” created by Proposition (Prop) 22, a ballot initiative, categorizes app-based drivers for companies such as Uber and Lyft as independent contractors.

Prop 22 was approved by voters in the November 2020 statewide general election. Since then, Prop 22 has been in court facing challenges from groups trying to overturn it.

However, last July, Prop 22 was upheld by the California Supreme Court last July.

In a 2024, statement after the ruling, Lyft stated that 80% of the rideshare drivers they surveyed acknowledged that Prop 22 “was good for them” and  “median hourly earnings of drivers on the Lyft platform in California were 22% higher in 2023 than in 2019.”

Wicks and Berman crafted AB 1340 to circumvent Prop 22.

“With AB 1340, we are putting power in the hands of hundreds of thousands of workers to raise the bar in their industry and create a model for an equitable and innovative partnership in the tech sector,” Berman said.

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