Cassidy

Stephen Cassidy was elected mayor of San Leandro in Nov. 2010 on an agenda of balancing the City’s budget. I worked on his campaign, but I have since become disillusioned by many of his positions, in particular those to limit transparency at City Hall and to push development deals harmful to San Leandrans.

Feb 062012
 

It’s worse than I thought, but is it intentional or just careless?

Just ask public officials, perhaps over a few beers, how they feel about the pesky public looking over their shoulder as they try to “get things done.”   They hate it.  Public oversight means they have to worry about following the law, hiding any corrupt deals and being held accountable for their actions.

As the corruption facilitated by secrecy has dire consequences for society at large (just think of the City of Bell), the California legislature long ago passed the Brown Act to guarantee the public notice and access to government meetings, and the California Public Records Act to grant access to government documents.  Local governments have been trying to skirt them ever since.

I have noted before actual and threatened violations of these laws by the San Leandro City Council.  Recently, I’ve become aware of a number of recurring and and very serious violations that allow the City Council to deliberate secretly.  I’ve given the City the benefit of the doubt – perhaps nobody at City Hall is actually aware of the law or perhaps they’ve just been careless – and I’ve written to City officials* requesting that they cease these violations.  How (and whether) they respond, and more importantly whether they actually comply with my request to obey the law, will be very indicative of the trustworthiness and ethics of our City Officials and our City Attorney.

The following are the Brown Act violations that I’ve discovered in the last few days

The City Council Appears to Have Deliberated Secretly on the Sale of the former Albertson’s Property

The City Council agenda for Feb. 6th, 2012 lists “Conference with Real Property Negotiators”  as one of its closed session items.  It says that they are currently negotiating the “price and terms of payment” with Innisfree Ventures II, David Irmer’s development firm.  This implies that the City Council has already agreed to sell the former Albertson’s property to Irmer, or at least has discussed it; you don’t negotiate a price for a property you are not ready to sell.   The Brown Act requires that any discussion on the sale of the property as well as any instruction to the City Manager (or anyone else) to initiate negotiations for the sale of the property, must be done in open session, after being properly agendized.  A search of the agendas, minutes and other public records in the online Public Records Database maintained by the city, did not produce any records of such discussions or decisions.  It would appear that these discussions were made informally or in closed session, in violation of the law.

The City Council Mislabels Public City Council Meetings as “Closed Sessions”

The City Council publishes agendas both for its open and closed sessions.  Closed sessions usually start at 6PM and open sessions at 7PM.  Agendas for closed sessions are labeled “Closed Session” while those for open sessions are labeled  “Regular Meeting”  or “Joint Meeting with Redevelopment Agency.”   I was just informed by the City Clerk, however, that a portion of the meeting labeled closed session is actually an open session, in which the City Council can transact all sorts of business, including making required announcements.  But as the meeting is not labeled “open session,” or “regular meeting”  or anything other than “closed session,” the public has no reason to know that this is a meeting they are free to attend.  The results are that practically nobody is likely to go to these meetings, and thus nobody witnesses what was said or not said there.

The City Council Fails to Include All Required Items in the “Open/Closed Session”  Agendas

The Brown Act provides that “[n]o action or discussion shall be undertaken on any item not appearing on the posted agenda.”  However, it would appear that actions and discussions not appearing in the agenda are actually carried out in what the City considers to be the “open” part of closed sessions (hereby described as “open/closed sessions”).  This came to my attention on Friday, when I e-mailed the City Council et al. to alert them to the fact that while the Brown Act allows the City Council to meet in closed session with property negotiators, as it was itemized in the agenda for the Feb. 6th meeting, the negotiators’  identities must first be announced in open session.  The City Clerk responded by saying that there would be an open session prior to the closed session in question, thus suggesting that the announcement would be made at that point.  However, the agenda for that open/closed session only included two items: Roll Call and Public Comments.  This is, indeed, the case with all the closed session agendas that I’ve seen.  So it would appear that the City Council conducts business during these open/closed sessions that is not disclosed in the agenda

The City Council Fails to Keep Minutes of the “Open/Closed Session” Meetings.

California law requires the City Clerk to “keep a correct record of [City Council] proceedings”, and indeed, minutes and/or recordings** are produced and posted online for regular open session meetings.  This does not appear to be the case, however, with respect to open/closed meetings.  For example, there are no minutes for the Dec. 13th, 2010 open/closed session, even though a number of people (including myself) attended and made public comments at that meeting.

So basically we have a situation in which the City Council seems to 1) be holding public meetings without alerting the public about it, 2) not including all items to be discussed in the agenda and 3) not keeping minutes of those meetings – all in violation of state law.

There is yet another serious way in which the City violates the Brown Act:

The City Council Fails to Disclose the Subject of Anticipated Litigation

The Brown Act allows the City Council to meet in closed session to discuss exposures to litigation against the City.  However, the law also provides that the closed session agenda must describe the “facts and circumstances” which have exposed the City to litigation, except when such facts are not known to the potential plaintiff.  A quick look through a sample of City Council agendas from 1998 on suggests that those facts and circumstances are never disclosed, even in cases where it’s very clear that the potential plaintiff is quite aware of what those facts are (e.g. the murder of Gwendolyn Killings and the disagreement with Dan Dillman about the use of the Bal Theatre).

The disclosure of this information is very important for the public as it allows San Leandrans to keep a closer tab on how the City is fulfilling its legal obligations towards the community.  A plethora of circumstances that make litigation against the Police Department likely, suggests that there are serious troubles with that institution.  The City Attorney’s judgement that the City may be sued for employment discrimination or Brown Act violations, will shine some light into what’s going on at City Hall.  Litigation is also very expensive, so it behooves the public to keep a close eye on what the City is doing to bring about lawsuits against it.

I find this pattern of violations of Open Meeting laws to be very disturbing.    I can only hope that they will be addressed immediately by our City Officials.  I will keep you posted of any response I receive.

 

* I sent my initial e-mail to Mayor Stephen Cassidy, City Council Members Michael Gregory, Ursula Reed, Diana Souza, Joyce Starosciak, Pauline Cutter and Jim Prola, City Attorney Jayne Williams, Community Relations Representative Kathy Ornelas and City Clerk Marian Handa.  Handa responded to that message, also copying City Manager Chris Zapata and Assistant City Manager Lianne Marshall.

** Minutes and/or audio from meetings from January 2011 on can be found at http://www.sanleandro.org/depts/cityhall/council/audio/audiostream.asp

Aug 272011
 

Tony Santos is at it again.  Since being defeated by Stephen Cassidy in the November 2010 San Leandro mayoral election, Santos has made no secret of his bitterness and resentment.  He has blamed anyone and everyone (excluding himself) for his defeat and has committed his forced retirement to the cause of defeating “ranked choice voting” throughout the country.  He’s written letters, had himself interviewed, and in his latest stunt, he testified in Sacramento against making it easier for California cities to institute ranked choice voting.  He is sure, he will tell you, that ranked choice voting was the ultimate culprit for his loss.  And he may be right.

It is difficult, even for insiders, to get a good grasp of the 2010 mayoral campaign in San Leandro.  Santos  had been in and out of City Hall for decades.  He was running for re-election as Mayor with the support of Labor, fire fighters, and, at the 11th hour, the police.  He was confident, even cocky, that he would easily win.  After all, no elected-mayor had ever lost  re-election in San Leandro (one appointed mayor, who’d promised not to run prior to his appointment, did lose).  Incumbents have many advantages in city races: they enjoy name recognition, can easily gather up endorsements and have a much easier time raising money – nobody wants to say no to a sitting Mayor or City Council member.  In addition, voters who don’t pay particular attention to city politics and are not extremely dissatisfied with city services, tend to vote for incumbents.  For this reason, sitting San Leandro mayors seldom face serious competition; it was almost incomprehensible to Santos that he would face not just one, but two credible opponents.

Council woman Joyce Starosciak seemed like an unlikely Mayoral contender.  In 2010, she was half-way through her second term in office, and could list few accomplishments and fewer long-term plans for San Leandro.  If her intentions were to actually run the city, it’d have made the most sense for her to wait until 2014 to run, when Santos would be termed out.  Starosciak, however, was in a hurry. As Assemblywoman Mary Hayashi’s heiress apparent, Starosciak was posed to run for Assembly in 2012. She’d be better positioned to win if she did so as Mayor of San Leandro, than as a mere City Council member.  She had good reason to believe she could win: a top campaign manager, lots of money (including some from a Hayashi-associated PAC), and support from the police (her husband is a sheriff deputy with Alameda County).   Most importantly, Starosciak was a woman.  After Ellen Corbett was elected to the California Senate in 2006, defeating better funded male opponents, the conventional wisdom within political circles was that women had a natural advantage in democratic districts (and San Leandro is heavily democratic). Starosciak’s main message during her campaign was indeed “I’m a woman and a native of San Leandro.”  It was a message that Santos feared.

Stephen Cassidy’s reasons for running in 2010 were murkier.  He had been elected to the San Leandro School Board in 2004, after defeating a well-connected incumbent, but after four tumultuous years in the Board he’d chosen not to seek re-election (he had, however, engineered the election of two friendly candidates in his stead).  He had long been rumored to have further political ambitions so it wasn’t a complete surprise when he decided to run for Mayor.  He did so basically with a message of competency: “elect me and get someone who can actually read a budget and think long term.”  Cassidy’s political strategy was to appeal to distinct voter groups with slightly different messages: to conservatives and the elderly, with a message of fiscal responsibility; to parents, with promises of better relations between the cities and the schools; to Spanish and Chinese speaking voters, with fliers in their own languages.  Cassidy’s underdog status meant that he was unable to get big donations from corporations and PACs, but he made up for it by building an impressive grass-root apparatus and tapping into the professional experience of his supporters.  Cassidy recruited a former evangelist for Apple Computer, an expert on messaging, as his campaign manager.  A local graphic designer put tens of hours of work into his campaign literature and his website  while a top computer programmer provided back end and mailing list support. Another techie was in charge of his voter data analysis.  The other candidates had to pay tens of thousands of dollars for similar services.  Meanwhile, an army of volunteers organized fundraisers and house coffees, walked, telephoned, wrote letters and passed on fliers for his campaign (full disclosure, I helped Cassidy with his campaign in the initial months).  Cassidy himself spent over a year walking the streets of San Leandro and introducing himself to voters.  His was a grass-root campaign at its best.

The November 2010 San Leandro city election was the first time in which ranked choice voting (RCV) , also known as “instant runoff voting,” would be used in San Leandro.  The city had amended its charter to permit ranked choice voting early in 2000, but had only implemented it a few months before.  The appeal of RCV to city staff was that it allowed for both general elections and runoffs to be conducted at one time, saving staff time and the city money.  Progressive members of the City Council liked that RCV allowed elections to be held in November (rather than June), which meant they’d have greater voter participation.  However, RCV was not popular with all City Council members.  Starosciak, in particular, wanted to change San Leandro’s elections back to a plurality system, where the candidate that got the most votes would win, even if s/he did not reach 50% of the votes.  Given the assumption that female candidates had a natural advantage with the electorate, Starosciak figured a plurality system would virtually guarantee her winning.  Her plan never got much traction with the other members of the Council, however.

As discussions for implementing ranked choice voting got more serious in early 2010, then-Mayor Tony Santos became its biggest advocate.  He was seduced by the rhetoric of Fair Vote, an organization that lobbies for RCV, and convinced by his friends in Labor to push the City into implementing RCV for the 2010 elections.  He went as far as suspending a tied vote on RCV, so that a City Council member that had been absent for the vote could break the tie and have the ordinance pass.  Santos later said that supported RCV because he had been told RCV mostly benefited incumbents.

As the 2010 Mayoral race developed, none of the campaigns had a firm grasp on who the top contenders were and how RCV would play into the equation.  The Santos campaign conducted an informal telephone poll at the end of the summer which showed Santos in the lead, with Starosciak a distant second.  Though the poll was methodologically flawed, Santos took it as a sign that he would easily win and that Cassidy wasn’t a threat of any kind.  While he delighted in attacking Cassidy through a friendly blogger, he didn’t feel compelled to put much effort into his campaign.  He rarely walked, never fliered, and his first mailer did not even arrive until several days after absentee voters had received their mail-in ballots (ideally, you want to have your mailer arrive at the same time as the ballots, so your name is fresh in the mind of those voters who like to vote right away).  It wasn’t until mid-October that Santos’ campaign realized that Cassidy posed a considerable threat: more and more people  they encountered were openly supporting Cassidy, the city was blanketed with his lawn signs, and letters to the papers were overwhelmingly in Cassidy’s favor.  Santos’ campaign quickly issued a mailer answering Cassidy’s charges against him and put forth robo-calls from, among others, Senator Ellen Corbett, urging voters to vote for him.  This helped him enormously with poll-day voters, but it was too late to impact those who had already mailed their ballots.

Starosciak’s campaign was in trouble from the moment Cassidy entered the race.  As most challengers, Starosciak needed to run on a message of  “change,” but as a sitting member of the City Council there was just so far she could carry this message without convincing voters that they should vote for Cassidy, the outsider, instead.  Cassidy’s criticism of City Council’s actions – like spending all the city’s reserves – while primarily aimed at Santos, also applied to her.  She couldn’t answer the charges, however, without helping Santos’ own campaign.  Her strategy, then, seemed to be to keep out of the fray and run on her gender, personal charm and San Leandro native status.   While she ran a more energetic campaign than Santos, and hired people to walk and make phone calls for her campaign, she never really acquired much momentum.  By the fall, even the police had abandoned her and co-endorsed Santos.

Cassidy, meanwhile, kept pushing his message of “competence” and “fiscal accountability,” accusing City Hall of mismanagement at every possible turn.  His big issue was “pension reform” for City employees.  This made him terribly unpopular with the employee unions and Labor but hit a nerve with local voters as even the Democratic candidates for Governor and State Treasurer started to talk about the need for pension reform at the state level.

Of the three campaigns, the only one that seemed to take RCV into account was Cassidy’s.  As he and his supporters walked and called voters, they specifically asked those who expressed support for one of the other candidates, to mark Cassidy as their second choice.  Neither of the other two campaigns seem to have done this.  Indeed, Santos’ campaign showed contempt for the whole RCV process by telling supporters to not mark second or third choices.

One of the biggest criticisms of ranked choice voting is that final election results were not available until weeks after election night.  This proved to be the case in San Leandro.  Election night results had Santos winning the first round by 62 votes (out of over 20,000 cast); two weeks later, when all second and third place votes had been counted, Cassidy was ahead by 232 votes and was declared the winner.  Santos could not accept the results, and to this day he has not conceded defeat.

At first glance, it would appear that Santos is right when he blames RCV for his defeat.  He did have 62 more 1st-place votes than Cassidy and in a plurality system like the one Starosciak advocated, Santos would have won.  However, San Leandro specifically got rid of plurality elections in 2000, after Ellen Corbett and Shelia Young became mayor with less than 50% of the total vote.  San Leandrans did not want a mayor which the majority of the people had not elected.

Had RCV not been implemented in San Leandro, the Mayoral elections would have taken place in June 2010, with the two top candidates facing a runoff in November. Given the lack of independent, accurate polling data (polls are too expensive to conduct for most local elections), it’s impossible to say what would have happened if that had been the case.  Starosciak only received about 20% of the first-choice vote in November, so it’s reasonable to believe she wouldn’t have been one of the two top vote-getters in June, but a longer campaign cycle together with the increased media attention to Cassidy’s pet issue, pension reform, probably benefited Cassidy considerably.  It definitely allowed him more time for both campaigning and fundraising.

But had Cassidy and Santos been the top vote-getters in June, it is by no means clear who would have won in November.  Santos would have surely benefitted both by knowing who his real opponent was and how popular he was.  If the election had been as close in June as the first round was in November, Santos would surely have seen the need to step up his campaign.  Given how well he did with poll-day voters once he took campaigning seriously, that may very well have given him a victory.

On the other hand, a June-November election cycle might also have benefited Cassidy. Cassidy’s main problem, as is the case with all underdog challengers, was raising enough funds to put forth a credible campaign. A good June placement would have demonstrated to political contributors that Cassidy was a very viable candidate and would have likely opened their wallets.  Such placement would also have re-energized Cassidy’s volunteers and brought additional supporters into the campaign.

An additional factor that cannot be accurately assessed is who Starosciak would have endorsed.  After her November defeat she was quite bitter with both Santos (who made a series of serious personal attacks against her during the campaign) and Cassidy (whom she sees as having stolen the election from her), so it’s hard to envision her supporting either.

In any case, we will never know. We also don’t know how the November 2010 San Leandro RCV election will affect future elections in San Leandro or elsewhere.  Future candidates will hopefully learn of the importance of seeking 2nd and 3rd choice votes.  Note that this does not mean that candidates will necessarily run “kinder,” less negative campaigns.  Candidates in races with clear front runners need to attack their records in order to take votes from them.  If anything, what an RCV election may do is focus political attacks on the front runner(s), but that is just as true in regular elections.

When all is said and done, Santos has nobody to blame for his defeat but himself: he antagonized voters by treating them callously during public fora and by taking unpopular positions (e.g. not supporting San Leandro Hospital, dismissing fears about crime and supporting a large affordable housing project), he put little effort into running his campaign and he did not take RCV into consideration in his campaign strategy.  Other incumbents can learn from his mistakes.

Jun 302011
 

Americans generally believe in open government.  We give our democratically-elected federal, state and local governments enormous authority over our lives and pay for the privilege with a substantial percentage of our earnings, the least we want in return is to know what the government is up to.  To that end, both the federal and state governments have passed “open government” laws that require open meetings and the release of public information.    In California, the Brown Act regulates how government meetings can be held, while the California Public Records Act (CPRA) provides for access to public records.

Local politicians and city employees are not particularly fond of these laws.  They limit the deals they can do behind the scenes and make them more accountable to the public – at least in communities where there is a functioning press keeping tabs on local government.  While San Leandro is not one of those communities – the Daily Review doesn’t even have a journalist assign to our city, and neither the San Leandro Times or San Leandro Patch do any investigative journalism -, it does have a few independent bloggers as well as concerned citizens that once in a while organize around a particular issue.  City officials, therefore, have an interest in trying to circumvent these open government laws that might expose their doings.

I have written before about how recently the City Council moved to pass a policy that would automatically destroy all their e-mails and how they have gotten rid of narrative minutes of city meetings.  Just as egregious, however, is a little known City Council policy of approving items without properly agendizing them – thus hiding their actions from the public.

According to the Brown Act, before any meeting the government body must  “post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting.”  The City Council, however, does not need to either discuss any item on the agenda or vote individually on those items.  Indeed, most meeting agendas include a “Consent Calendar” of items that the City Council will approve altogether and without discussion.  Any member of the City Council can “pull” an item from the consent calendar, for individual consideration, but members of the public cannot do so.  Members of the public can speak about any of the items in the Consent Calendar, but in order to do so, they must know what those items are.

The San Leandro City Council operates both as a full body and through standing committees.  These committees are usually composed of 3 City Council members are usually deal with concrete issues: rules, finance, facilities, relationship with the school district, etc.  In addition to the standing committees, the City Council occasionally creates ad-hoc committees to handle issues that come up, such as the hiring of a new city manager.  These committees are supposed to do the nitty-gritty work of the Council, read staff reports, discuss issues and decide upon them.  While these committees must publish agendas for their meetings and their meetings are open to the public, they mostly meet during the day when most people are at work and unable to attend, and therefore they seldom see any public participation.  City Council Committee members are therefore free to discuss and decide on issues without any public input.

The recommendations made by City Council Committees are supposed to be discussed and approved by the whole City Council before they become “law”.  They should be listed in the agenda as such, as required by the Brown Act.   They are not in San Leandro.  Rather, the City Council is asked to approve the minutes of the different committee meetings within the consent calendar, and by doing so, they approve their recommendation.   For example, let’s say that the Business & Housing Development Committee recommends increasing business fees by 1,000%, the agenda for the next City Council meeting should say: “Action: Approve increase of business fees by 1000%”.  What it would actually say  is: “Accept Business & Housing Development Committee minutes”.   When the City Council approves the minutes, it also approves the tax increase.  The public would have no clue as to what had just happened.

It’s not only the public that gets blindsided – new City Council members do as well, as they’re often not told of this policy until something comes up.   Indeed, due to complaints by a City Council member, more recent City Council agendas have been a bit more clear as to what the Council is voting to approve, actually listing the committees’ recommendations, but they still don’t make it clear that the Council is approving those recommendations when they approve the minutes.

Jun 242011
 

At last Monday’s City Council meeting, Council Member Ursula Reed proposed that the City Council consider reducing its numbers from 7 to 5 when they next draw the redistricting lines later this year.  She also proposed to extend term limits to 3 terms per Council Member.  Mayor Cassidy thought the idea was worth considering, but he advocated that it be done as part of a larger reform of the whole City Charter. I agree.   The Charter hasn’t been touched in decades, comes from a time when San Leandro was a very different city, and it may be time to give it more than a couple of cosmetic changes.

I have advocated elsewhere that San Leandro would be better off having a full-time Mayor with broader powers.  San Leandro is currently “ruled” by a City Manager only very indirectly accountable to the community.  When a city manager is incompetent or corrupt, but still has the support of the City Council, citizens have little recourse: the only way to remove would be by the impossible task of recalling 4 City Council members.  A Mayor, on the other hand, is elected directly and if undesirable he risks not being re-elected or recalled (one recall is easier to manage than four).

I also support Reed’s idea of reducing the number of City Council members.  San Leandro’s City Council is quite large for a city its size but here it’s clear that size does not equal competence.  I can only hope that it’d be easier to find five competent people to sit in the Council than it’s been to find seven.  Reducing the number of City Council members by two will result in some small savings (about $40,000-$60,000), the money could be put into better training or support for the remaining City Council members.

Another issue that needs to be back on the table is that of having district elections. Right now, candidates must live within a particular district to run for that City Council seat but the whole city votes for them.  This has the advantage of making all City Council members accountable to the whole city.  A Council Member from the Marina, for example, is less likely to push the interest of Marina residents at the expense of those in other districts if the whole city will vote for his re-election.  However, running city-wide campaigns is extremely expensive: the greatest cost in any local campaign is that of printing and mailing campaign literature – by having district elections candidate’s costs can be reduced by 1/6th (or 1/4th if we move to a 5-member City Council).  This opens up the election to more candidates, in particular challengers who are unlikely to have the fundraising might of established politicians. It also makes it easier for candidates to get to know their constituents: in San Leandro you still get the most votes by knocking on doors and meeting voters face to face.

Yet another compelling reason to move to district elections is that our current at-large elections may be illegal under the California Voting Rights Act, which prohibits at-large elections when these impair the ability of minority candidates from being elected.  Despite the fact that over half the population of San Leandro is Asian or Latino, neither group is represented in the City Council which might indicate a violation of the Act.  Other Californian cities have been sued by civil rights organizations under similar circumstances and it’s only a matter of time before the same thing happens in San Leandro.  We might as well nip this problem in the bud.

Together with making the Mayor more powerful and the City Council smaller, I think we need to grant the City Council greater oversight powers over the City administration.  Right now the only hiring decision the City Council does is for the City Manager, who is responsible for hiring and firing everyone else in staff.  This has led to an overwhelmingly white workforce in San Leandro and one whose loyalties are towards the City Manager rather than to the city as a whole.  While the City Council should not be micromanaging the city, it should participate on key hiring/firing decisions such as those for the Chief of Police, assistant & deputy City Managers and the Finance Director at a minimum.

As I explored in another posting, San Leandro is in dire need of a Citizens’ Police Commission to evaluate complaints of police misconduct, help set hiring practices and discipline standards and act as a liaison with the community.  Any revision of the Charter should include the creation of this commission – this would ensure that future City Councils with cozy relationships with the Police would not be able to undermine the work of this body.

Council Member Reed also suggested changing our current term limits from 2 4-year terms to 3.  I am not convinced that this is a good idea (though I am convince-able).  It’s extremely difficult for a candidate to run against an incumbent in San Leandro.  Incumbents usually win by large margins.  Since 1970, only one incumbent City Council member has a lost an election.  However, term limits not only get rid of bad City Council members but of good ones as well, and take away some of the historical knowledge the Council can benefit from.  As Council woman Starosciak mentioned at the last City Council meeting, it takes several years for a Council member to come up to speed – and by then they only have a few years left.  Perhaps more importantly, second-term Council members without further political ambitions have no incentives to be responsive towards the community.  This is a matter that should be discussed at length.

There are some other minor things that need to be changed in the Charter as well.  Currently, for example, a Council cannot vote to fire a City Manager within 3 months of an election.  This very much curtails the power of citizens to do away with corrupt or inept City Managers by electing candidates to the City Council without a personal allegiance to him.  As this city should be run for the benefit of its citizens and not City Hall there is no reason to keep this provision.   And it may also be time to take another look at the binding arbitration provisions of the Charter.  These prohibit the Police to strike but give them generous rights to arbitration of their employment contracts.  The Police have threatened to use these provisions to stop any attempts to make them contribute their fair share to their own pensions.

The need to reform the Charter is clear, the question is whether there is the political will to do so.  That’s difficult to surmise right now.

Jun 172011
 

San Leandro is a diverse town.  The latest census numbers show that there about equal numbers of whites, Asians and Latinos in town, African-Americans making another 11% of the population.  You will see this wonderful diversity when you visit our schools, our public library, our parks or community festivities.  You will not see it, however, at City Hall.

Last Monday the City Council carried out a work session on the issue of racial diversity in the city’s workforce.  The city’s Human Resources consultant, Steve Harman,  and the Chief Police, Sandra Spagnoli, both gave very brief presentations about diversity in their departments.  The data they brought was scant but telling.  Sixty one percent of the total City workforce and 62% of the Police force is white.

These numbers, moreover, don’t tell us about the type of jobs held by members of racial minorities in San Leandro.  Are blacks and Latinos working for the city as accountants and public work specialists, or as street cleaners and gardeners? City Hall needs to make this clear.  We do know, however, that there are very few minorities at the upper echelon of city government and that 71% of the last 14 people hired at the city (which included the Chief of Police and the Finance Director) are white.

The situation at the Police Department may be even grimmer.  While Spagnoli did not disclose the number of minority sworn officers, Mike Sobek, the head of the San Leandro Police Officers Association,  spoke during public comments and mentioned that (out of the 90 or so sworn officers) only two are black and two Latino (including himself).  There doesn’t seem to be any Asians.  They did say that 13% of officers are female, while the number might look low it is better than the national average of 8% or so.

Fortunately both Chief Spagnoli and Sobek seem to understand the real importance of diversifying the force.  Spagnoli told the Council that Police forces must reflect the ethnic diversity of the communities they serve, and she’s making changes in the recruitment and promotion process at the SLPD to accomplish this goal.  Spagnoli also wants to get more officers that are bilingual, have college education, special training and live in San Leandro.   Applications for SLPD positions will now be accepted in an ongoing basis, allowing the SLPD to build a richer application pool.  It would help this process, however, if the SLPD posted job openings on their website.  Promotions to sergeant positions will no longer be based entirely on an interview with police higher ups, but on objective criteria as well, and require people from outside the SLPD in the interview panel.  This latter change comes as part of the settlement agreement with the female officers who sued the city for sexual discrimination.

During public comments, Sobek spoke of the need to not just open the process to minority applicants but to specifically recruit them.  He suggested the Police go to colleges with diverse student populations and suggest law enforcement careers to students who might not have considered them before.  Having a Police force which is diverse not only ethnically, but ideologically would likely help in establishing good relations with the community as a whole.

Sobek had many very positive things to say about Spagnoli – in particular he spoke eloquently about how she’s helping the force gain a sense of focus and purpose.  It seems she’s really bringing a level of professionalism the force was lacking.  From the outside, it’s difficult to know how she’s handling the “rotten apple” problems within the SLPD, and as head of the Police Union Sobek is not an unbiased observer, but his words of praise for Spagnoli seemed heartfelt and I’m hoping they reflect a commitment within the SLPD hierarchy and union to create a police force with is both clean and committed to the community they serve.

Back at City Hall, the idea of diversifying the workforce seems to be new and novel at the City management level.  While recruitment of individual positions varies, it seems clear that the city has not done anything to promote job openings among minority populations.  The city does not even advertise its jobs in places like Craigslist, preferring to use the San Leandro Times and its own website.   The City Council, however, seems to be listening to the tolling of the bells and sent the message that they want a more open process.   The Council’s real commitment to diversity will actually be tested in their choice of a new city manager.  Signs so far are encouraging, last month they started the city manager hiring process anew when they couldn’t find a suitable candidate with a good understanding of diversity issues.