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Councilmembers Delay Vote on Proposal for Construction Job Opportunities for Oaklanders

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Pre-apprenticeship building trades trainees from the Cypress Mandela Training Center, which was founded by the Oakland Private Industry Council, joined a rally recently in front of City Hall asking City Council members to fund programs like theirs and others that prepare people for well paying jobs in construction. Photo by Ken Epstein.

 

Forty-six people signed up to speak at this week’s Community and Economic Development (CED) committee meeting, almost all of them arguing in favor of Councilmember Desley Brooks’ proposal to utilize city funds to support pre-apprentice training programs for construction workers and career centers that provide opportunities for low-income residents of East and West Oakland.

Despite the passion and enthusiasm of the speakers – community leaders, young job trainees, program staff, labor representatives and the formerly incarcerated – they were disappointed to learn that council members were not going to vote on the proposal but were postponing it until the May 22 CED committee meeting.

According to council members, they could not vote on the matter Tuesday because staff reports analyzing the proposal had not yet been submitted by the City Attorney’s office and the city administration, even though the issue had been discussed during last year’s budget deliberations, and Brooks had submitted her proposal over five months ago.
The matter was also on the CED agenda two weeks ago but was not be discussed because it lacked a cover memo.

This, week, City Attorney Barbara Parker sent a “confidential” opinion to the council but has not issued a public opinion on the proposal, according to council members.

Councilmember Noel Gallo, who co-sponsored Brooks’ resolution, said Parker’s opinion contains “legal recommendations” but “doesn’t close the door on us.”

Speaking to members of the CED committee, Councilmember Brooks said, “There is a crisis in this city, a crisis in terms of putting people to work, and we’d rather play games and look smug than carry out the business of the people.”

Though criticisms have been raised about how the measure would be funded, Brooks said she had patterned her proposal after the Percent for the Arts ordinance, which has utilized bond money to generate millions of dollars for public arts programs.

“I don’t know why the City Attorney is having difficulty figuring out if it is legal since we have been using the Percent for the Arts ordinance since 1989,” she said.

She pointed to the page on the city’s website, which talks about “exciting Public Art projects funded through local bonds and state grants (that) are underway throughout Oakland.”

According the web page, the money for public arts comes from “Measure DD: Lake Merritt – Estuary Channel, Lake Merritt Garden Gates, Lakeside Green Streets, Estuary Park,” “Measure WW: DeFremery Park,” and “Measure KK: Coming soon.”

“What we’re asking for right now that is that you think that the Black and Brown people of this city are important, that you think that it is important that they see a 15 percent decline in unemployment, that you see that it is important that they be able to continue to live in this city, that you think it is important that they be able to support their families,” Brooks said.

Brooks says her ordinance has a clause that excludes any funding proposal that cannot be utilized legally, and she challenged councilmembers to come up with their own ideas for funding job training if they do not like the ones she proposed.

“We are playing around trying to find reasons why we can’t do something, and none of you have come up with a proposal to figure out what we can do. What have you come up with? What are you doing to rectify this issue that is moving our residents out of this city.”

Many of the community speakers underscored the importance of the proposal, which would provide city support for the Cypress Mandela Training Center, the Men of Valor Academy, East and West Oakland Career Centers and other programs.

Richard de Jauregui, director of Planning for the Oakland Private Industry Council (PIC), said the city has been relying on federal dollars to supports its workforce development programs for the past 18 years but now has to figure out how to fund these programs itself.
“Federal funds are dwindling. They are talking about cutting as much as 40 percent under the current administration,” he said.

Sylvester Hodges, director of training at Cypress Mandela Training Center, urged council members to be creative.

“If this isn’t the source of money that you want to give… (you can) come up with ways you can help the people in the community.”

Speaking to Councilmember Campbell Washington, who has announced she is not running for reelection, Hodges said, “You don’t have to quit because we disagree with you. Don’t do that. We just want you to think and work together and compromise.”

Councilmember-at-Large Rebecca Kaplan told council members, “I’d like to encourage us to imagine what would happen if we all decided to all be ‘all in’ on figuring out how to make sure the job training gets funded.”

“Understand why it matters,” she continued. “We have construction projects that can’t get built because they can’t get workers. We have a Black unemployment rate that is so much higher than the white unemployment rate that it would be considered a national crisis if white unemployment was at that level.”

Men of Valor Academy director Pastor Jerald K. Simpkins said, “This city has spent hundreds of millions of dollars, and all we ask is for a seed to go into some of the communities that rarely receive those kinds of investments. Sow a seed, and you’ll reap a harvest.”

Gregory McConnell, who frequently represents developers, also supported the proposal. “I don’t know if there are technical difficulties … but (I know) these programs are transforming lives.”

The three speakers opposed the proposal because they were against spending infrastructure bond funds, Measure KK, for pre-apprenticeship training. But they did not say if they would support the resolution if funding came from other sources. One woman suggested trainees raise money for their programs with a GoFundMe campaign.

Campbell Washington, who chaired the CED meeting, said the resolution would come back to the committee May 22 “either with the City Attorney’s analysis that we received confidentially, or whatever that can be put out to the public, and a city staff analysis.”

Councilmember Gallo praised Councilmember Brooks for taking the initiative on job training.
“I really applaud you, and I value what you’re doing,” he said. “For me employment and training are extremely important.”

Gallo said that a proposal to fund the Cypress Mandela Training Center was discussed when the budget was adopted last year, but “it didn’t happen because we didn’t have the majority of the votes.”

“The opportunity is here,” Gallo continued. “We did receive a communication from the City Attorney with some changes they are recommending in terms of how we may be able to get to the funding level to support training programs that we have and future training programs.”

He suggested council members give the City Administrator a directive to come back to the council with proposals on how to fund job training in Oakland. 

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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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Evidence Appears to Show Cover-Up of Previous Charges of Discrimination Against Jewish and Black Jurors, D.A. Says

Today, District Attorney Pamela Price announced that attorneys assigned to review the office’s death penalty cases found evidence revealing that instead of investigating claims of prosecutorial misconduct—excluding Jewish and Black residents from juries — a former senior Alameda County District Attorney’s Office prosecutor who is now a sitting judge in Alameda County, Morris Jacobson, and a team of investigators appeared to have taken part in covering it up.

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A handwritten note by an employee under a previous administration appears to show plans for a cover-up of jury discrimination in a death penalty case. Courtesy image.
A handwritten note by an employee under a previous administration appears to show plans for a cover-up of jury discrimination in a death penalty case. Courtesy image.

Special to The Post

Today, District Attorney Pamela Price announced that attorneys assigned to review the office’s death penalty cases found evidence revealing that instead of investigating claims of prosecutorial misconduct—excluding Jewish and Black residents from juries — a former senior Alameda County District Attorney’s Office prosecutor who is now a sitting judge in Alameda County, Morris Jacobson, and a team of investigators appeared to have taken part in covering it up.

During a press conference, Price presented a copy of a handwritten note by a former DA office employee who attended a meeting with employees from the office.

Jacobson, a deputy district attorney at the time, led the meeting in preparation for an evidentiary hearing ordered in the Fred Freeman case.

That hearing was ordered after former capital trial prosecutor Jack Quatman, the prosecutor in People v. Freeman, signed a declaration revealing that he and other capital case prosecutors routinely struck Black women and Jewish jurors in death penalty cases.

Jacobson was assigned by former district attorneys Tom Orloff and Nancy O’Malley to coordinate the ACDAO’s response during the evidentiary hearing.

In that capacity, he and others assigned to the capital case team went to great lengths to distract the courts from the substantive legal allegations by besmirching the whistleblower Quatman’s character and credibility—a strategy that succeeded.

Key sections of the note include, “left it w/ Morris saying he would give us direction. Wants to find dirt on Quatman,” and “How good are your memories? His point was he doesn’t want any documentation of what we do unless it is agreed upon???”

“This note provides the public some of the missing clues regarding who appeared to be involved during previous administrations in covering up prosecutorial misconduct at the Alameda County District Attorney’s Office,” said Price. “The note from this meeting in 2004 gives insight into why prosecutors’ notes containing evidence of discrimination against potential Jewish and Black jurors may not have been subjected to a comprehensive review and were not disclosed to the Court in most of the cases until my office was ordered by Honorable Judge Vince Chhabria to review death penalty cases.

“What the public should know is that prosecutors have special duties as ministers of justice to uphold the Constitution, which guarantees the right to a fair trial and to be judged by a jury of one’s peers, regardless of race, religion, or sexual orientation,” she said.

United States District Court Judge Chhabria determined earlier this year that there was “strong evidence that, in prior decades, prosecutors from the office were … excluding Jewish and African American jurors in death penalty cases.”

He subsequently issued an order directing ACDAO to disclose jury selection files in all Alameda County cases which resulted in a death sentence.

The Alameda County District Attorney’s Office is the source of this story.

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In the City Attorney Race, Ryan Richardson Is Better for Oakland

It’s been two years since negotiations broke down between the City of Oakland and a developer who wants to build a coal terminal here, and the issue has reappeared, quietly, in the upcoming race for Oakland City attorney. Two candidates are running for the position of Oakland City Attorney in November: current Assistant Chief City Attorney Ryan Richardson and retired judge Brenda Harbin-Forte.

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Members of Oaklanders Defending Democracy political action committee with Oakland Mayor Sheng Thao, center. Courtesy photo.
Members of Oaklanders Defending Democracy political action committee with Oakland Mayor Sheng Thao, center. Courtesy photo.

By Margaret Rossoff

Special to The Post

OPINION

It’s been two years since negotiations broke down between the City of Oakland and a developer who wants to build a coal terminal here, and the issue has reappeared, quietly, in the upcoming race for Oakland City attorney.

Two candidates are running for the position of Oakland City Attorney in November: current Assistant Chief City Attorney Ryan Richardson and retired judge Brenda Harbin-Forte.

Richardson has worked in the Office of the City Attorney since 2014 and is likely to continue current City Attorney Barbara Parker’s policies managing the department. He has committed not to accept campaign contributions from developers who want to store and handle coal at a proposed marine terminal in Oakland.

Retired Judge Harbin-Forte launched and has played a leading role in the campaign to recall Mayor Sheng Thao, which is also on the November ballot.  She has stepped back from the recall campaign to focus on her candidacy. The East Bay Times noted, “Harbin-Forte’s decision to lead the recall campaign against a potential future client is … troubling — and is likely to undermine her ability, if she were to win, to work effectively.”

Harbin-Forte has refused to rule out accepting campaign support from coal terminal interests or their agents. Coal terminal lobbyist Greg McConnell’s Independent Expenditure Committee “SOS Oakland” is backing her campaign.

In the 2022 mayor’s race, parties hoping to build a coal terminal made $600,000 in contributions to another of McConnell’s Independent Expenditure Committees.

In a recent interview, Harbin-Forte said she is open to “listening to both sides” and will be “fair.” However, the City Attorney’s job is not to judge fairly between the City and its legal opponents – it is to represent the City against its opponents.

She thought that the 2022 settlement negotiations ended because the City “rejected a ‘no coal’ settlement.” This is lobbyist McConnell’s narrative, in contrast to the report by City Attorney Barbara Parker. Parker has explained that the City continued to negotiate in good faith for a settlement with no “loopholes” that could have allowed coal to ship through Oakland – until would-be coal developer Phil Tagami broke off negotiations.

One of Harbin-Forte’s main priorities, listed on her website, is “reducing reliance on outside law firms,” and instead use the lawyers working in the City Attorney’s office.

However, sometimes this office doesn’t have the extensive expertise available that outside firms can provide in major litigation. In the ongoing, high stakes coal litigation, the City has benefited from collaborating with experienced, specialized attorneys who could take on the nationally prominent firms representing the City’s opponents.

The City will continue to need this expertise as it pursues an appeal of the judge’s decision that restored the developer’s lease and defends against a billion-dollar lawsuit brought by the hedge fund operator who holds the sublease on the property.

Harbin-Forte’s unwillingness to refuse campaign contributions from coal terminal interests, her opposition to using outside resources when needed, as well as her uncritical repetition of coal lobbyist McConnell’s claim that the City sabotaged the settlement talks of 2022 all raise serious concerns about how well she would represent the best interests of Oakland and Oaklanders if she is elected City Attorney.

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