Alameda County

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.

Published

1 year ago

July 5, 2023

Oakland Post

Former District Attorney Nancy O’Malley (left) and current District Attorney Pamela Price. Post file photos.

By Ken Epstein

“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.

Oakland Post

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Alameda County

Access Better Health with Medically Tailored Meals – Transforming Health Through Nutrition for Medi-Cal Patients

Launched in 2018, the Medically Tailored Meals pilot program was designed to help Medi-Cal patients with congestive heart failure by reducing hospital readmissions and emergency department visits by providing tailored meals meeting specific dietary needs. The program’s success in improving health outcomes and reducing costly emergency room visits encouraged the Department of Health Care Services (DHCS) to expand the Medically Tailored Meals program to all 58 counties through Medi-Cal transformation and a new set of services called Community Supports.

Published

4 days ago

October 29, 2024

Oakland Post

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The program’s success in improving health outcomes and reducing costly emergency room visits encouraged the Department of Health Care Services (DHCS) to expand the Medically Tailored Meals program to all 58 counties through Medi-Cal transformation and a new set of services called Community Supports.

Medically Tailored Meals are one of 14 new services offered through Medi-Cal that provide members with access to new and improved services to get well-rounded care that goes beyond the doctor’s office or hospital.

Medically Tailored Meals: Overview

Malnutrition and poor nutrition can lead to severe health outcomes, especially among Medi-Cal patients with chronic health conditions. Medically Tailored Meals aim to improve health outcomes, reduce hospital readmissions, and enhance patient satisfaction by providing essential nutrition.

Key Features:

Post-Discharge Delivery: Meals are delivered to patients’ homes immediately following discharge from a hospital or nursing home.
Customized Nutrition: Meals are tailored to meet the dietary needs of those with chronic diseases, designed by registered dietitians (RD) or certified nutrition professionals based on evidence-based guidelines.
Comprehensive Services: Includes medically tailored groceries, healthy food vouchers, and food pharmacies.
Educational Support: Behavioral, cooking, and nutrition education is included when paired with direct food assistance.

Key Benefits:

Address Food Insecurity: Mitigates poor health outcomes linked to food insecurity.

Support Complex Care Needs: Tailored to individuals with chronic conditions.

Improve Health Outcomes: Studies show improvements in diabetes control, fall prevention, and medication adherence.

Patient Testimonial:

“My diabetes has gotten better with the meals. I’ve kept my weight down, and I feel much better now than I have in a long time. I’m one of the people this program is meant for.” — Brett

Eligibility:

Eligible Populations: Eligible Medi-Cal members include those with chronic conditions like diabetes, cardiovascular disorders, congestive heart failure, stroke, chronic lung disorders, HIV, cancer, gestational diabetes, and chronic mental or behavioral health disorders. Also, those being discharged from a hospital or skilled nursing facility or at high risk of hospitalization or nursing facility placement are also eligible.

Service Limitations: Up to two meals per day for up to 12 weeks, extendable if medically necessary. Meals eligible for reimbursement by alternate programs are not covered.

Cost Savings and Improved Health Outcomes:

Health Outcomes: Research indicates a 22% to 58% decrease in emergency department visits and a 27% to 63% decrease in inpatient admissions among Medically Tailored Meals recipients, translating to significant health care cost savings.

Project Open Hand: A Success Story

Project Open Hand has been a leader in providing Medically Tailored Meals, significantly impacting the lives of Bay Area Medi-Cal patients with chronic illnesses. Since its inception, Project Open Hand has delivered nutritious meals to individuals with diabetes, HIV, and other serious health conditions, demonstrating remarkable health improvements and cost savings.

Key Achievements:

Improved Health Outcomes: Project Open Hand’s research found a 50% increase in medication adherence among recipients of Medically Tailored Meals.

Reduced Hospitalizations: Their program showed a 63% reduction in hospitalizations for patients with diabetes and HIV.

Enhanced Quality of Life: Patients reported better health and increased energy levels.

Project Open Hand ensures that each meal is prepared using fresh, wholesome ingredients tailored to meet the specific dietary needs of its clients. By partnering with Medi-Cal managed care plans, Project Open Hand continues to provide life-saving nutrition to those who need it most.

Join Us in Our Mission

You can experience the profound impact of Medically Tailored Meals by joining the Medi-Cal Community Supports services initiative. Your involvement can make a difference in promoting your health through nutrition.

Learn More

For more information about Medically Tailored Meals and how to get involved, call the state’s Medi-Cal Health Care options at 800-430-4263 or contact your local managed care plan.

In Alameda County, Medi-Cal recipients can contact:

* Alameda Alliance for Health: 510-747-4567

* Kaiser Permanente: 855-839-7613

In Contra Costa County, Medi-Cal recipients can contact:
* Contra Costa Health Plan: 877-661-6230

* Kaiser Permanente: 855-839-7613

In Marin County, Medi-Cal recipients can contact:
* Partnership Health Plan of California: 800-863-4155

* Kaiser Permanente: 855-839-7613

In Solano County, Medi-Cal recipients can contact:
* Partnership Health Plan of California: 800-863-4155

* Kaiser Permanente: 855-839-7613
Your health and well-being are your health care provider’s top priority. Medically Tailored Meals are designed to enhance quality of life by advancing health care through the power of nutrition. Experience the benefits today, and take the first step toward a healthier you.

Oakland Post

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Alameda County

2024 Local Elections: Q&A for Oakland Unified School Board Candidates, District 7

For the first time in California’s history, 16- and 17-year-olds in Oakland will be able to vote in their respective school board elections in November 2024. This initiative is a collaborative effort by the County of Alameda, the City of Oakland, and the Oakland Unified School District. The Post reached out to the eight candidates across Districts 1, 3, 5, and 7 to see what their views are on various topics concerning the OUSD community. Below are questions and answers from District 7 candidate Clifford Thompson. Dominic Wares, the other D7 candidate, did not respond to multiple requests for written or over-the-phone responses.

Published

5 days ago

October 28, 2024

Oakland Post

Dr. Clifford Thompson, Oakland Unified School District board director candidate. Photo courtesy of candidate.

By Magaly Muñoz

In a few weeks, Oakland residents will vote for new school board directors in four separate districts across the city.

The Post reached out to the eight candidates across Districts 1, 3, 5, and 7 to see what their views are on various topics concerning the OUSD community. Below are questions and answers from District 7 candidate Clifford Thompson. Dominic Wares, the other D7 candidate, did not respond to multiple requests for written or over-the-phone responses.

Responses by Thompson have been edited for length and clarity.

Q1: What do you think the biggest challenge will be to address while on the board?

I think a continuation of a problem is going to make sure that we operate within our budget constraints. We’re looking at getting out of receivership and having our last bill paid off in June of 2026, but it scares me. If you look at the multiple-year projection, it shows that we’re going to be deficient some money, which means that if we don’t make the proper cuts that we should make now in order to balance the budget, we’ll still be in a deficit mode in the future, which means that we might have to get the state to bail us out again. If we go back into receivership, then we become necessarily a lame duck board with decisions being made by the state.

But number two is getting the board to focus on the major issue, which is making sure that our students graduate with flexibility [and with options]. Another challenge that’s facing us is a lot of students saying that their social, emotional character has been affected by COVID-19. The pain is a mental pain, not necessarily a physical pain, but because it’s a mental pain, it affects how kids show up physically. We, as a board, have to focus on minimizing the effect of the pandemic isolation time the kids were facing.

Q2: Given the large financial debt OUSD has and the looming threat of school closures, how will you ensure that funding for essential resources remain for students? What ideas do you have that do not include closing down schools?

We’re looking at not just closing schools, we’re looking at all of the avenues that we can actually pursue in order to balance the budget so that we don’t have to close schools. Closing schools is just one option.

I think a number of people in the community think that the board wants to close schools, but the board doesn’t necessarily want to close schools. We want to do what’s necessary to make the district whole so that the district keeps functioning and we don’t have to take out a loan from the state. We want to make sure that we’re operable as a successful district, giving all of the opportunities to kids that they need, making sure that we address union issues so that we’re compliant when it comes to the OEA (Oakland Education Association), and making sure that we’re hearing the voices from the community in terms of what they feel they need at that time. We want to look at everything and see how we can best leverage whatever opportunity we have in order to make sure that we operate in the black and not in the reds.

Q3: Students have reported feeling as though there is not enough inclusivity amongst their peers, often feeling a divide with those of other race and ethnic backgrounds. What do you think is the best way to foster an environment where students are not feeling excluded because of their background and differences to peers?

What needs to happen is voices need to be given to each person, and you need to value whatever their contribution is. When you exclude kids and you don’t allow their voice to be heard, then you’re in essence saying, ‘I don’t value what you have to say.’

Sometimes you have to go out of your way just to make sure that certain groups are at the table. For instance, if a person has a problem with people of color, you need to make sure you have people of color at the table, and you need to encourage those individuals to voice their opinion. You have to make sure you provide a seat at the table, but then you have to lower their affective filter so that they can actually voice their opinion when they’re at the table.

Oakland Post

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Alameda County

2024 Local Elections: Q&A for Oakland Unified School Candidates, District 5

The Post reached out to the eight candidates across Districts 1, 3, 5, and 7 to see what their views are on various topics concerning the OUSD community. Below are questions and answers from District 5 candidate Patrice Berry. Sasha Ritzie-Hernandez, the other D5 candidate, did not respond to requests for written or phone interview responses.

Published

5 days ago

October 28, 2024

Oakland Post

Patrice Berry, Oakland Unified School District board candidate for District 5. Photo courtesy of candidate.

By Magaly Muñoz

In a few weeks, Oakland residents will vote for new school board directors in four districts across the city.

The Post reached out to the eight candidates across Districts 1, 3, 5, and 7 to see what their views are on various topics concerning the OUSD community. Below are questions and answers from District 5 candidate Patrice Berry. Sasha Ritzie-Hernandez, the other D5 candidate, did not respond to requests for written or phone interview responses.

Responses have been edited for length and clarity.

Q1: What do you think the biggest challenge will be to address while on the board?

Berry: The very biggest challenge for the board is probably balancing the budget in the short term while also establishing a plan for fiscal sustainability. It’s worth noting that in addition to our fiscal challenges, OUSD faces these big challenges: low literacy, math, and postsecondary readiness performance and public safety. Another opportunity includes improving student and educator well-being.

Berry: First, I would love to work with other school board members, the superintendent, students, families, educators, and others to identify a set of budget scenarios that do not include school closures because our unique school communities are often also essential resources for students and families. To protect funding for essential resources for students, we have to consider strategies to reduce costs [such as] eliminating redundancies and inefficiencies, as well as opportunities to increase revenue.

One of my first priorities will be to work with colleagues and our communities to identify other sources of revenue that could generate income in the immediate future, over time, and in the long term. Potential sources of new revenue include leasing land to develop affordable housing or housing for educators we want to attract and retain in the district, renting or leasing space to maximize the use of underutilized buildings for community-driven programs and services, and tapping into county and state grant programs dedicated to mental health and wellness, violence prevention, homelessness prevention and other major challenges that impact education.

Berry: First, I think inclusivity is something that should be prioritized and developed into the DNA of a school community even when there is a sense that exclusion does not exist or isn’t prevalent. Sometimes, students experiencing exclusion also experience the marginalization of their voices such that to others, it may not be readily obvious that it’s happening.

Second, one of the best ways to foster an environment where students do not feel excluded is to get to know and understand our students, which is inherently valuable but also absolutely necessary in order to develop responsive learning communities that embrace all of our young people. I have had so many students tell me that one of the things they desire the most is listening and genuine curiosity. If we work with students to build a culture of listening and curiosity, we’re also likely to create a culture where differences are considered opportunities instead of challenges.

I also think student leadership helps build safe spaces for students, and representation among educators is also critical [because] they represent the diversity of our students. The more our learning environments reflect the diversity of our students and their experiences and perspectives, the more likely all of our students will feel a deep sense of belonging.