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Oakland Knows the Difficulty of Police Reform

“We know something is wrong, when one side in the bargaining process eventually amasses such an imbalance of power that it seems to operate as an autonomous unit, almost independent of its employer,” said Henderson.

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Photo Creds: Kyle Cleveland

On the one-year anniversary of the death of George Floyd, one is tempted to consider a sense progress. Perhaps if you’re hopeful and optimistic. For the realists, any report card of progress would have to be a bit delusional.

    Yes, within a year, former Minneapolis police officer Derek Chauvin– who placed his knee on the back of the neck of George Floyd long enough to cause asphyxiation–has been convicted on all three counts of murder.

    As expected, it’s on appeal while he’s imprisoned.  But Chauvin was not defended by his chief, let alone the ranks of those upholding police standards and training in the Minneapolis Police Dept. And that was a big deal. To me, it was the reason the perp, a cop, was convicted.

    That’s a lot in one year.

    But does it herald a sustainable difference in policing anywhere, let alone Minneapolis?  Will it radiate justice, or is it just a one-off?

    It can’t be a one-off if indeed #BLM. But that’s where we appear to be one year after George Floyd.

    We are still taking baby steps towards the promised land.

    If you don’t think so, consider the history of policing in Oakland in just the last 20 years.

    Consider the notorious Riders case around the turn of the millennium, where some Oakland cops were accused of kidnapping, planting evidence, kicking down doors, searching without a warrant. And all against East and West Oakland residents who posed no threat to the arresting officers.

   There was a class action lawsuit against the police that ended in the largest negotiated settlement agreement (NSA) in Oakland municipal history on March 14,  2003.

   It called for the city to pay $10.9 million to the class members. And it included 31 reforms to be made by the department, included policies on use of force, racial profiling, and updating technology like wearing cam-recorders.

    Simple, right? Obtainable within a year or two, of course….not.

    To this day, Oakland has had a new chief every two years, and many of the NSA’s reforms have not been fulfilled.

    One chief, brought in from the internal affairs division, looked like he would make a breakthrough, but in 2006, a sex scandal within the department involving a victim of sex-trafficking snared 12 officers.

   The real scandal, however, was that chief’s failure to disclose the scandal to the court’s monitor. That was his undoing.

    This accounting all comes from the honorable Thelton Henderson, the now retired federal judge who oversaw that NSA. In a lecture given this Spring at Berkeley Law School, Henderson expressed his frustration that the NSA he oversaw had been passed on to a new judge.

But the fact that we are now 18 years trying to bring about police reform, show how near impossible it is.

    “Herculean,” said Henderson. He believes it’s because policing has taken the “war on crime” idea literally, turning police into “soldiers, or an occupying force with battle armor and tanks and assault weapons ready to do battle with the communities they have vowed to protect and serve.”

   Add to that the labor unions, who constantly remind the public of the dangerousness of the job.

    But no one understands the danger the unions play in public safety.

    “We know something is wrong, when one side in the bargaining process eventually amasses such an imbalance of power that it seems to operate as an autonomous unit, almost independent of its employer,” said Henderson.

    This is from the judge who oversaw the negotiated settlement in the Riders case. Henderson’s indicating the real power that unions have to put the needs of the police above the city and its people.  

  The police unions have taken collective bargaining to the point where they harm our democratic society.

    You see why to assess where we are one year after George Floyd is way too soon.

    Police reform? America is hamstrung by labor policy.

    Without labor reform we’ll be inching along toward the policing we deserve.

Emil Guillermo is a journalist and commentator. Twitter @emilamok; Watch his vlog on Facebook @emilguillermo.media ; Or on www.amok.com

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Oakland Post: Week of October 30 – November 5, 2024

The printed Weekly Edition of the Oakland Post: Week of October 30 – November 5, 2024

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“Two things can be true at once.” An Afro-Latina Voter Weighs in on Identity and Politics

“As a Puerto Rican I do not feel spoken to in discussions about Latino voters… which is ironic because we are one of the few Latino communities who are also simultaneously American,” Ortiz-Cedeño says. Puerto Ricans born in Puerto Rico, a U.S. territory, have American citizenship by birth but they do not have the right to vote for president if they live on the island. “I think that we miss out on a really interesting opportunity to have a nuanced conversation by ignoring this huge Latino population that is indigenously American.”

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Keyanna Ortiz-Cedeño at her graduation from UC Berkeley after receiving her master’s degree in City Regional Planning. Alongside her, are her parents holding a Puerto Rican flag. Courtesy photo.
Keyanna Ortiz-Cedeño at her graduation from UC Berkeley after receiving her master’s degree in City Regional Planning. Alongside her, are her parents holding a Puerto Rican flag. Courtesy photo.

By Magaly Muñoz

On a sunny afternoon at Los Cilantros Restaurant in Berkeley, California, Keyanna Ortiz-Cedeño, a 27-year-old Afro-Latina with tight curly hair and deep brown skin, stares down at her carne asada tacos, “I’ve definitely eaten more tortillas than plantains over the course of my life,” says Cedeño, who spent her childhood in South Texas, among predominantly Mexican-American Latinos. As she eats, she reflects on the views that American politicians have of Latino voters.

“As a Puerto Rican I do not feel spoken to in discussions about Latino voters… which is ironic because we are one of the few Latino communities who are also simultaneously American,” Ortiz-Cedeño says. Puerto Ricans born in Puerto Rico, a U.S. territory, have American citizenship by birth but they do not have the right to vote for president if they live on the island. “I think that we miss out on a really interesting opportunity to have a nuanced conversation by ignoring this huge Latino population that is indigenously American.”

Ortiz-Cedeño, an urban planner who is focused on disaster resilience, homelessness and economic prosperity for people of color, says that political conversations around Latinos tend to shift towards immigration, “I think this ties back into the ways that our perception of ‘Latino’ tends to be Mexican and Central American because so much of our conversation about Latinos is deeply rooted in what’s happening on the border,” she says. “I don’t think that the Afro-Latino vote is frequently considered when we’re talking about the Latino vote in the United States.”

Primarily surrounded by Mexican-Americans while growing up in South Texas, Keyanna participated in many Chicano cultured events, such as being a dama in several quinceñeras. Courtesy photo.

Primarily surrounded by Mexican-Americans while growing up in South Texas, Keyanna participated in many Chicano cultured events, such as being a dama in several quinceñeras. Courtesy photo.

As Ortiz-Cedeño sifts through childhood photos of her as a happy teen dancing with the Mexican ballet folklorico group in high school and as a dama in quinceñeras, she reflects on growing up in South Texas, an area with a large population of white and Mexican-Americans. The Black population was small, and within it, the Afro-Latino population was practically nonexistent.

“It was interesting to try to have conversations with other Latinos in the community because I think that there was a combination of both willful ignorance and a sort of ill intent and effort to try and deny my experience as a Latino,” she says. “There are a lot of folks in Latin America who experience a lot of cognitive dissonance when they think about the existence of Black Latinos in Latin America.

Ortiz-Cedeño comments on the long history of anti-Blackness in Latin America. “Throughout Latin America, we have a really insidious history with erasing Blackness and I think that that has been carried into the Latino American culture and experience,” she says. “People will tell you, race doesn’t exist in Latin America, like we’re all Dominicans, we’re all Puerto Ricans, we’re all Cubans, we’re all Mexicans. If you were to go to the spaces with where people are from and look at who is experiencing the most acute violence, the most acute poverty, the most acute political oppression and marginalization, those people are usually darker. And that’s not by accident, it’s by design.”

Because of the lack of diversity in her Gulf Coast town, as a teenager, despite being the only Spanish-speaker at her job in Walmart, Latinos refused to ask for her help in Spanish.

“Even if monolingual [Spanish-speaking] people would have to speak with me, then they were trying to speak English, even though they could not speak English, versus engaging with me as a Latina,” she says.

“I think that the perception of Latinos in the United States is of a light brown person with long, wavy or straight hair. The perfect amount of curves and the perfect combination of Indigenous and white genes. And very rarely will people also consider that maybe they also have a sprinkle of Blackness in them as well,” she says. “Over 90% of the slave trade went to the Caribbean and Latin America.”

Keyanna as a toddler, holding a whiteboard up with her last name, Ortiz-Cedeño, on it. Courtesy photo.

Keyanna as a toddler, holding a whiteboard up with her last name, Ortiz-Cedeño, on it. Courtesy photo.

Ortiz-Cedeño remembers when a Cuban family moved in next door to her in Texas. The teen daughter had blue-eyes, blonde hair and only spoke Spanish, which caused neighboring Latinos to take pause because she didn’t fit the Latino “look” they were used to.

“People didn’t have an option to try and negate her [Latino] identity because they had to acknowledge her for everything that she was,” Ortiz-Cedeño says.

Later on, the girl’s cousins, a Black, Spanish-speaking Cuban family, came into town and again locals were forced to reckon with the fact that not all Latinos fit a certain criteria.

“I think it forced everybody to have to confront a reality that they knew in the back of their mind but didn’t want to acknowledge at the forefront,” Ortiz-Cedeño says.

Having gone through these experiences as an Afro-Latina, Ortiz-Cedeño says it’s easy for her to understand Kamala Harris’ mixed Indian and Jamaican heritage, “It comes really naturally to accept that she is both Indian and Black. Two things can exist at the same time,” she says. “I had a long term partner for about seven years who was South Indian, from the same state as Kamala Harris, so if we had had a kid, they would look like [Harris],” Ortiz-Cedeño jokingly shares.

She says she can relate to having to walk the road of people only wanting to see Harris as a Black American. The talking point about [Harris] not being Indian or not being Black, just deciding to be Black, is really disingenuous and cheap,” she says.

Ortiz-Cedeño believes that the Harris campaign has not capitalized on the vice president’s mixed identity, which could be vital in bringing together different communities to understand each other on a new level and allow for improvements on America’s racial dynamics.

Keyanna co-managed a recovery center with her mother after Hurricane Harvey. They packed essentials, such as diapers, food, and water for families in need. Courtesy photo.

Keyanna co-managed a recovery center with her mother after Hurricane Harvey. They packed essentials, such as diapers, food, and water for families in need. Courtesy photo.

As she rushes into a Berkeley Urban Planning Commission meeting straight out of Ashby BART station, Ortiz-Cedeño explains her love for talking about all things infrastructure, homelessness, and healthcare access. The topics can be dry for many, she admits, but in the end, she gets to address long-standing systemic issues that often hinder opportunities for growth for people of color.

Having lived through the effects of Hurricane Katrina as a child, with the flooding and mass migration of Louisiana residents into Texas, Ortiz-Cedeño was radicalized into issues of displacement, emergency mitigation, and housing at nine years old.

“I remember my principal had to carry her students on her shoulders and swim us home because so many parents were trying to drive in and get their kids from school [due to] the flooding that was pushing their cars away,” she recalls.

Her family relocated to Houston soon after Katrina, only to be met with a deadly Hurricane Rita. They wound up in a mega-shelter, where Ortiz-Cedeño says she heard survivors stories of the unstable conditions in New Orleans and beyond, which got her wondering about urban planning, a term she wasn’t familiar with at the time.

“I think that when you put people in the context of the things that were happening in this country around [these hurricanes], a lot of us started to really think seriously about who gets to make decisions about the urban environment,” she adds.

Watching the heavy displacement of disaster survivors, hearing stories of her Navy veteran father’s chronic homelessness, and her own mother’s work and activism with homeless communities in the non–profit sector put her on the path to progressive politics and solutions, she says. After attending college on the East Coast- where she says she was finally recognized as a Puerto Rican- and working in housing, economic development, and public policy, she returned to California to earn a Master’s in City Regional Planning from UC Berkeley.

Young Keyanna volunteering at a beach clean up. Activism and giving back to her community has always been a key part of her upbringing. Courtesy photo.

Young Keyanna volunteering at a beach clean up. Activism and giving back to her community has always been a key part of her upbringing. Courtesy photo.

Her vast interest in the urban success of underserved communities even took her abroad to Israel and Palestine when she was an undergraduate college student. “I’ve seen the border with Gaza, I’ve had homestays with farmers in the West Bank,” she says. “For me personally, Palestine is an issue that is really close to the heart.”

“I have a very intimate understanding of the conflict and I’m very disturbed by the way in which the [Democratic] party has not been willing to engage in what I would perceive to be a thoughtful enough conversation about the conflict,” Ortiz-Cedeño says. “The issue of Palestine is going to be one of those that is a make or break issue for her. It has not been one that has been taken seriously enough by the party.”

Ortiz-Cedeño is not under the illusion that one candidate will address every policy issue she wants to see tackled by the president. But she believes it’s better than what former President Donald Trump has to offer.

“Trump has made it very clear what his intentions are with Palestine, and what his relationship is with [Benjamin] Netanyahu,” Ortiz-Cedeño says. “I understand the political strategy that many people are trying to engage in by withholding their vote, but I would also encourage them to re-engage in the political process.”

Casting her vote for Harris is a decision grounded in calculation rather than outright support. “I think I can vote in this election in order to have harm reduction… because I have deep care and concern for other communities that are going to be impacted by a Trump presidency,” Ortiz-Cedeño says.

She also hopes that American politicians will consider the nuance and perspective that Afro-Latinos bring to the table when it comes to politics, policy, and race in America, “When we don’t think expansively about who is Latino in the United States, the breadth of Latino experiences in the United States, we miss an opportunity to capture how diverse Latinos interests are politically.”

This story was reported in collaboration with PBS VOCES: Latino Vote 2024.

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On Your November Ballot: Prop 6 Could End “Involuntary Servitude” in California Prisons

Proposition (Prop) 6 would repeal language in the California Constitution that prohibits “involuntary servitude except to punish crime.” Instead, it will replace it with language that prohibits slavery and involuntary servitude absolutely.

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By Edward Henderson, California Black Media

Proposition (Prop) 6 would repeal language in the California Constitution that prohibits “involuntary servitude except to punish crime.”

Instead, it will replace it with language that prohibits slavery and involuntary servitude absolutely.

The amendment would also prohibit the California Department of Corrections and Rehabilitation from disciplining any incarcerated person for refusing a work assignment and authorize the department to award time credits to incarcerated persons who voluntarily participate in work assignments.

To gain a greater understanding of the proposition and the experience of incarcerated individuals impacted by the current language, California Black Media spoke with Dr. Tanisha Cannon, Managing Director of Legal Services for Prisoners with Children (LSPC).

“There are really two main messages for this to be a yes vote,” said Cannon. “The way that the Constitution names what’s going on in these prisons is called involuntary servitude. Involuntary servitude is just another name for slavery. That means that there’s a force and there’s coercion. So, the main message here is that involuntary servitude is slavery.”

So far, eight states, including California, have made provisions in their constitutions permitting involuntary servitude, but not slavery, as a criminal punishment. According to the National Conference of State Legislatures, 34 states have “earned time” credits that are awarded for participating in or completing education, vocational training, treatment, and work programs. Time credits can later be applied towards early release from secure custody.

The Anti-Recidivism Coalition has also been on record supporting Prop 6, stating that, “More than 94,000 Californians are currently enslaved in state prison. African Americans account for 28% of the prison population despite making up less than 6% of California’s overall population.”

Of those roughly 90,000 inmates, the state’s prison system employs nearly 40,000 who complete a variety of tasks including cleaning, cooking, firefighting, construction and yard work. Most of these workers earn less than 74 cents an hour, excluding the firefighters who can make up to $10 a day. State law permits the corrections department to pay up to half of the current minimum wage in California ($16).

Eighty percent of the employees at LSPC have been directly impacted by the prison-industrial complex. Cannon’s brother works there as well and was in prison at the age of 16 experiencing first-hand how forced labor can negatively impact an individual’s psyche.

“My grandmother passed away and he received that news in the evening. On the outside, you’d get some grieving time. That wasn’t the case for him,” said Cannon.

“He had to wake up at five o’clock the next morning. So, imagine learning that the woman who raised you just passed away. You’re due for work at 5 a.m. in the morning to operate heavy machinery and you cannot say that you don’t want to work because there’s no excused absence in prison.”

So far, there hasn’t been any organized opposition to Prop 6 in California.

A “yes” vote supports amending the state constitution to prohibit slavery and involuntary servitude as punishment for a crime and authorize the Department of Corrections and Rehabilitation to award credits to incarcerated persons who voluntarily participate in work assignments.

A “no” vote opposes amending the state constitution to prohibit slavery and involuntary servitude as punishment for a crime.

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Oakland Post: Week of October 30 – November 5, 2024

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