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Councilmember McElhaney Seeks Justice at July 31 Public Ethics Commission

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By R.M. Arnold,

The Public Ethics Commission (PEC) staff released a report Monday accusing Councilmember McElhaney of violating the city’s ethics rules when seeking to get an out of town developer to build according to the code.

“I take our city’s ethics laws seriously and I look forward to this matter being finalized on July 31 by the Public Ethics Commission,” she said.

The controversy stems from an appeal the Councilmember’s husband filed on behalf of the neighbors impacted by a questionable condominium project.

“I was the one that got my wife involved. The guy was extremely disrespectful to my neighbor, and all we wanted him to do was build right,” said Clarence McElhaney Jr. who filed the appeal.

“At the outset when my husband brought the issue to my attention, I asked our City Attorney for guidance about whether I could assist my neighbors with the condo project given that it is next to my house, and I followed the advice I received,” said Councilmember McElhaney, who maintains that she did nothing wrong.

Community members had spent over a year trying to collaborate with the property owner and the planning staff, to improve the design to complement the neighborhood and address safety concerns, but their concerns were ignored.

“They came to me as a last resort,” says McElhaney, who expressed concerns that there is a pattern and practice of ignoring Black residents when out-of-town developers seek to get permits.

McElhaney’s husband then followed the same public process available to everyone to bring the issue to the city Planning Commission. During the appeal process, there was an issue as to whether the design of the project met the city’s open space requirements.

“I felt like the commission would benefit from having a subject-area expert opine, so I asked a local architect to testify on this specific technical question,” said Councilmember McElhaney. “If I had thought asking the architect for help could implicate the ethics laws, I, of course, would not have done so. My husband paid an independent planner to represent the neighbors, so if we thought that we had to pay for the expert testimony, we would have done so.  There is no guidance we received that suggested that this was necessary.”

After numerous allegations against the councilmember, the only issue that must be clarified now is whether asking an architect for help on behalf of a community effort is a gift to the councilmember.

“I appreciate the PEC staff and the important work they perform on behalf of the city,” she said. “But I also believe that this matter exposes important public policy questions such as this that should be answered by the full Commission in a public forum. I look forward to resolving this matter with the Commissioners on Monday the 31st.”

The meeting will be held 6:30 p.m. at Oakland City Hall, Hearing Room 1.

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Antonio‌ ‌Ray‌ ‌Harvey‌

Air Quality Board Rejects Two Rules Written to Ban Gas Water Heaters and Furnaces

The proposal would have affected 17 million residents in Southern California, requiring businesses, homeowners, and renters to convert to electric units. “We’ve gone through six months, and we’ve made a decision today,” said SCAQMD board member Carlos Rodriguez. “It’s time to move forward with what’s next on our policy agenda.”

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By Antonio‌ ‌Ray‌ ‌Harvey‌
California‌ ‌Black‌ ‌Media‌ 

Two proposed rules to eliminate the usage of gas water heaters and furnaces by the South Coast Air Quality Management District (SCAQMD) in Southern California were rejected by the Governing Board on June 6.

Energy policy analysts say the board’s decision has broader implications for the state.

With a 7-5 vote, the board decided not to amend Rules 1111 and 1121 at the meeting held in Diamond Bar in L.A. County.

The proposal would have affected 17 million residents in Southern California, requiring businesses, homeowners, and renters to convert to electric units.

“We’ve gone through six months, and we’ve made a decision today,” said SCAQMD board member Carlos Rodriguez. “It’s time to move forward with what’s next on our policy agenda.”

The AQMD governing board is a 13-member body responsible for setting air quality policies and regulations within the South Coast Air Basin, which covers areas in four counties: Riverside County, Orange County, San Bernardino County and parts of Los Angeles County.

The board is made up of representatives from various elected offices within the region, along with members who are appointed by the Governor, Speaker of the Assembly, and Senate Rules Committee.

Holly J. Mitchell, who serves as a County Supervisor for the Second District of Los Angeles County, is a SCAQMD board member. She supported the amendments, but respected the board’s final decision, stating it was a “compromise.”

“In my policymaking experience, if you can come up with amended language that everyone finds some fault with, you’ve probably threaded the needle as best as you can,” Mitchell said before the vote. “What I am not okay with is serving on AQMD is making no decision. Why be here? We have a responsibility to do all that we can to get us on a path to cleaner air.”

The rules proposed by AQMD, Rule 1111 and Rule 1121, aim to reduce nitrogen oxide (NOx) emissions from natural gas-fired furnaces and water heaters.

Rule 1111 and Rule 1121 were designed to control air pollution, particularly emissions of nitrogen oxides (NOx).

Two days before the Governing Board’s vote, gubernatorial candidate Antonio Villaraigosa asked SCAQMD to reject the two rules.

Villaraigosa expressed his concerns during a Zoom call with the Cost of Living Council, a Southern California organization that also opposes the rules. Villaraigosa said the regulations are difficult to understand.

“Let me be clear, I’ve been a big supporter of AQMD over the decades. I have been a believer and a fighter on the issue of climate change my entire life,” Villaraigosa said. “But there is no question that what is going on now just doesn’t make sense. We are engaging in regulations that are put on the backs of working families, small businesses, and the middle class, and we don’t have the grid for all this.”

Rules 1111 and 1121 would also establish manufacturer requirements for the sale of space and water heating units that meet low-NOx and zero-NOx emission standards that change over time, according to SCAQMD.

The requirements also include a mitigation fee for NOx-emitting units, with an option to pay a higher mitigation fee if manufacturers sell more low-NOx water heating and space units.

Proponents of the proposed rules say the fees are designed to incentivize actions that reduce emissions.

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Activism

The Case Against Probate: False Ruling Invalidates Black Professor’s Estate Plan, Ignoring 28-Year Relationship

Zakiya Folami Jendayi, beneficiary of Head’s estate, states that “The errors, ranging from misstatements of fact, omissions of critical evidence, and reliance on false arguments and testimony, formed the basis of Judge Sandra K. Bean’s ruling against me, Dr. Head’s previous student, mentee, sorority sister and long-time friend,and despite the fact that I was her chosen, power of attorney, Advanced Healthcare Directive agent, trustee, executor and sole beneficiary.” 

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Dr. Head and Zakiya Jendayi, Their 28 year old friendship was ignored by Probate Court Judge Bean who ruled in favor of Dr. Head's estranged sister's. One sister could not identify Head, in a picture shown while under oath.
Dr. Head and Zakiya Jendayi, Their 28 year old friendship was ignored by Probate Court Judge Bean who ruled in favor of Dr. Head's estranged sister's. One sister could not identify Head, in a picture shown while under oath.

By Tanya Dennis

Part 5                         

In a shocking miscarriage of justice, a California probate judge issued a Statement of Decision on March 28 riddled with numerous documented errors that invalidated the estate plan of esteemed Black Studies professor Dr. Laura Dean Head.

The ruling from the Alameda County Superior Court’s probate division in Berkeley has sparked outrage from advocates for probate reform, community members and civil rights activists, who say the decision reflects deep flaws in the probate system, blatant disregard for due process, and the wishes of the ancestors. Judge Sandra Bean’s ruling reflects a repeated outcome seen in Black and Brown communities.

Zakiya Folami Jendayi, beneficiary of Head’s estate, states that “The errors, ranging from misstatements of fact, omissions of critical evidence, and reliance on false arguments and testimony, formed the basis of Judge Sandra K. Bean’s ruling against me, Dr. Head’s previous student, mentee, sorority sister and long-time friend,and despite the fact that I was her chosen, power of attorney, Advanced Healthcare Directive agent, trustee, executor and sole beneficiary.”

Reading court transcripts, the most egregious violations according to Jendayi reveal a pivotal point in the ruling that rested on a letter from Dr. Stephan Sarafian of Kaiser Permanente, who misidentified Dr. Head as male, misstated the day, month, and year, and asserted Head lacked capacity.

Under cross-examination, he reversed his opinion and admitted under oath that he never conducted a mental evaluation, did not diagnose Dr. Head with incapacity, did not write the letter, and stated he merely signed it “in case it was needed in the future.”

Despite Sarafian’s perjury, on Oct. 17, 2024, the California Court of Appeal upheld the lower court decision that relied on Sarafian’s discredited letter to invalidate Dr. Head’s estate plan, ignored Jendayi’s requests to impeach his testimony and dismiss Sarafian’s testimony and letter that both the Kaiser Grievance Department and the Medical Board of California denounced.

In her ruling, Judge Bean agreed with the false argument by attorney Leahy, which alleged that Jendayi provided the names of the beneficiaries to Head’s estate attorney, Elaine Lee. Bean made this decision despite Lee’s sworn testimony that Dr. Head had met with her alone, behind closed doors, and made the independent decision to leave her estate to Jendayi.

According to court records, Judge Bean reversed the burden of proof in the undue influence claim before any of Jendayi’s witnesses testified, forcing Jendayi to disprove allegations that were never substantiated by witnesses or records.

Bean ruled: “Respondent took Dr. Head to her apartment where she assumed complete control of Dr. Head’s day-to-day care, medical care, and all aspects of her life.” Jendayi proved that statement was false.

Bean also ruled that Respondent controlled Dr. Head’s necessities of life, food, and hospice care, despite zero testimony or documentation supporting any of those claims.

The court reduced Jendayi’s role to “a friend who, at best, cared for Dr. Head during the final two months,” totally ignoring 28 years of friendship, testimony, evidence, letters of recommendation, emails, and medical records.

Exhibits confirming Dr. Head’s intent and capacity, including the discredited medical letter, Exhibit 90, were omitted or misrepresented in the judge’s final decision.

Jendayi says, “The injustice within the probate justice system is devastating, traumatizing and financially depleting. It’s nothing short of legalized crime!”

Jendayi is now appealing to the Supreme Court of the U.S. with a petition citing denial of due process, judicial misconduct, and systemic bias in probate courts.

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Activism

Oak Temple Hill Hosts Interfaith Leaders from Across the Bay Area

Distinguished faith leaders Rev. Ken Chambers, executive director the Interfaith Council of Alameda County (ICAC); Michael Pappas, executive director of the San Francisco Interfaith Council; and Dr. Ejaz Naqzi, president of the Contra Costa County Interfaith Council addressed the group on key issues including homelessness, food insecurity, immigration, and meaningful opportunities to care for individuals and communities in need. 

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Troy McCombs (from the state of Washington), Elder Mark Mortensen (from Irvine, CA), Michael Pappas, Rev. Ken Chambers, Dr. Ejaz Naqvi, Elder Sigfried Nauman (from the state of Washington), and Richard Kopf. Courtesy photo.
Troy McCombs (from the state of Washington), Elder Mark Mortensen (from Irvine, CA), Michael Pappas, Rev. Ken Chambers, Dr. Ejaz Naqvi, Elder Sigfried Nauman (from the state of Washington), and Richard Kopf. Courtesy photo.

Special to the Post

Interfaith leaders from the Bay Area participated in a panel discussion at the annual meeting of communication leaders from The Church of Jesus Christ of Latter-day Saints held on Temple Hill in Oakland on May 31. Distinguished faith leaders Rev. Ken Chambers, executive director the Interfaith Council of Alameda County (ICAC); Michael Pappas, executive director of the San Francisco Interfaith Council; and Dr. Ejaz Naqzi, president of the Contra Costa County Interfaith Council addressed the group on key issues including homelessness, food insecurity, immigration, and meaningful opportunities to care for individuals and communities in need.

Chambers, said he is thankful for the leadership and support of the Church of Jesus Christ Latter-Day Saints’ global ministry, which recently worked with the interfaith congregations of ICAC to help Yasjmine Oeveraas a homeless Norwegian mother and her family find shelter and access to government services.

Oeveraas told the story of how she was assisted by ICAC to the Oakland Post. “I’m a Norwegian citizen who escaped an abusive marriage with nowhere to go. We’ve been homeless in Florida since January 2024. Recently, we came to California for my son’s passport, but my plan to drive for Uber fell through, leaving us homeless again. Through 2-1-1, I was connected to Rev. Ken Chambers, pastor of the West Side Missionary Baptist Church and president of the Interfaith Council of Alameda County, and his car park program, which changed our lives. We spent about a week-and-a-half living in our car before being blessed with a trailer. After four years of uncertainty and 18 months of homelessness, this program has given us stability and hope again.

“Now, both my son and I have the opportunity to continue our education. I’m pursuing cyber analytics, something I couldn’t do while living in the car. My son can also complete his education, which is a huge relief. This program has given us the space to focus and regain our dignity. I am working harder than ever to reach my goals and give back to others in need.”

Richard Kopf, communication director for The Church of Jesus Christ in the Bay Area stated: “As followers of Jesus Christ, we embrace interfaith cooperation and are united in our efforts to show God’s love for all of his children.”

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