Feb 142014

liar-bigI am a liberal,  of the bleeding heart variety.  I think if you’ve committed a crime – a real one, with an actual victim –  and you’ve done your time, the slate should be wiped clean.  You should be able to vote, take the Bar, get a job.  But I also think that if you want to regain the public trust, you need to take responsibility for your actions.  If you don’t, then you have no business running for public office.

Take disgraced Assemblywoman and State Senate candidate Mary Hayashi.  During her last term in the Assembly, Hayashi went to Neiman Marcus carrying an empty NM shopping bag and proceeded to fill it with expensive clothing, she then walked out of the store without paying for the items.  Store employees were on the lookout for her, as she was suspected of having done the same thing a week before.  While Hayashi plead guilty (or no contest, which has the same effect), she never took responsibility for her actions.  Instead, she made excuse for her behavior (“I was distracted“, “I had a brain tumor“) and even now, won’t admit to what she did.

Mary Hayashi - mugshot

Mary Hayashi – mugshot

I would have been totally prepared to sympathize with Mary Hayashi if had she admitted she had a shoplifting problem.  Shoplifting is often the result of  a psychological disorder and can become one of the hardest addictions  to kick.   It’s a common affliction, however.  About 9% of Americans shoplift, and the vast majority of them don’t do it for gain.  Before getting into politics, Mary Hayashi was a tireless advocate for mental health and, in the Assembly, made it her priority to “break the culture of silence” about these issues.  Yet, when she had the opportunity to speak out about her own struggles and thus help others, she instead retreated into lying.   That’s disappointing, but it also shows that she is not at a place where she can take responsibility for her actions and be truthful and therefore, she is not trustworthy.   The public saw through her when she ran for County Supervisor in 2012, and will see through her again as she runs for State Senate.

Alameda Council member Stewart Chen seems to suffer from the same affliction: an unwillingness to own up to his crimes and learn from his mistakes.  Back in the early 1990’s, Chen was caught in a massive auto insurance fraud scheme.  An Asian gang was staging fake car accidents between insured individuals, the fake accident victims would go see Chen, a chiropractor,  who would make false claims about their injuries so the individuals could file fraudulent claims with the insurance company and himself file for treatment the fake victims didn’t need or get.  In all, the gang seems to have stolen about $1M from the insurance companies.

Alameda City Council member Stewart Chen

Alameda City Council member Stewart Chen

These fake accident victims told the grand jury that they would go to Chen’s office, sign in and then leave without receiving treatment.  Other times, their signatures were faked.  One victim received some treatment, but for pain unrelated to the stage accident.

Chen plead guilty to two misdemeanors, paid a large fine, completed probation, and in due time his record was expunged. He thought nobody would ever find out about his crime and kept it quiet.

Earlier this week, when Chen’s criminal background came to light, he had two choices.  He could have admitted what he did, show remorse and speak about the lesson he learned.  I would have been sympathetic.  Chen, like me, grew up in a corrupt society under a brutal dictatorship.  Ethical and moral lines are often blurred in those environments.  Of course, Chen was 30 years old and had lived in America for over a decade when he was indicted, but sometimes it takes something dramatic to make you realize your own moral flaws.

Unfortunately, it would seem that being convicted of fraud did not have that effect on Chen.  Instead of showing remorse for his actions, Chen hast taken Hayashi’s approach and claims he wasn’t really guilty.  “The fact is that I unknowingly treated patients who were part of an auto insurance fraud scheme run by a local attorney. I had no idea what they were doing and was not part of their scheme. I assumed the patients were legitimately injured.” Which, of course, does not address the fact that he falsified medical records and charged for treatment he did not provide.   Like with Hayashi, you have to wonder if he actually thinks that people will believe on his innocence despite the evidence against him and the guilty plea.

Having a criminal past should does not and need not preclude anyone from seeking public office.  But the least we should demand of candidates to public office who have been convicted of crimes involving dishonesty is that they show they’ve learned the error of their ways.  If they continue to be dishonest about the very crimes they were convicted of committing, nothing will stop them from stealing and lying to the public whenever it suits their needs.

Feb 062014
Emergency Services Director Renee Domingo speaking to the City Council

Emergency Services Director Renee Domingo speaking to the City Council

City employees in Oakland and San Leandro appear to live and work by the motto “it’s better to beg for forgiveness than to ask for permission.”  While most city councils rubber stamp whatever proposals city staff puts before them – an easier task than actually reading and analyzing long and boring reports -, some proposals are so clearly contrary to the public benefit that they are not politically tenable for council members to knowingly pass.  In those situations, staff – most assuredly with the blessing of the City Manager/Administrator – may give the Council an “edited” version of the facts behind it.   Whether the purpose is to deceive council members or provide them with plausible deniability can be discerned by how the member react once the true facts are uncovered.

Oakland city staff’s quest to build the Domain Awareness Center (DAC), a facility that would centralize the feeds from hundreds of cameras and license plate readers throughout the City, is a perfect example of how this works.  Internal e-mails obtained through the California Public Records Act make it clear that the actual purpose of the DAC is to track and subvert the activities of political protesters and labor activists in the city and port of Oakland. However, in public meetings, both staff and Councilmembers have only referred to the alleged crime-fighting uses of the DAC.   Finally, at the last meeting of the Council’s  Public Safety Committee,  Emergency Services Director Renee Domingo, who has spearheaded Oakland’s DAC project, was forced to admit that there is no data showing that existing DACs in other cities have helped to either reduce or solve crimes.

While there might be some room for argument about whether misleading the Council as to the purpose for the DAC is actually “lying”, it is absolutely clear that Ms Domingo deceived the Council about Science Applications International (SAIC)the company that was hired to build the DAC.    SAIC is a large military contractor which, among other things, works in the development, building and deployment of nuclear weapons.  Under Oakland’s 1988 anti-nuclear ordinance, the City cannot award contracts to any company that is involved with nuclear weapons.   Internal e-mails show that Domingo was aware that this was a problem in February 2013, but she didn’t mention anything about it to the City Council and the Council indeed went on and hired SAIC to build the first phrase of the project.  According to Domingo, she first heard about SAIC’s non-compliance in August,when activists brought it up – but that’s contradicted by the e-mails alluded to above.

Domingo is now proposing that the Council contract with called Schneider Electric to build phase II of the DAC. A simple google search of “Schneider Electric” and “nuclear weapons” leads to marketing materials from the company where it describes one of its main applications a being “nuclear weapons handling systems.”  It’s still unknown whether Domingo failed to do her due diligence or just hoped that activists wouldn’t find out.

No member of the Oakland City Council has held staff accountable for deceiving  them and for having the City knowingly enter into a contract that violated the City’s own laws.  Councilmember Dan Kalb campaigned on “restoring trust in City Hall“, and yet he has meekly accepted staff’s unethical behavior seemingly without a second thought.   While Kalb is not for re-election, his colleague Libby Schaaf, who has also failed to question staff over their duplicity, is running for Mayor of Oakland.  Her “no need for accountability” attitude is echoed by incumbent Mayor Jean Quan.

Things are no better in San Leandro.  Chief of Police Sandra Spagnoli routinely gives the City Council information that she knows to be false.  She has lied about things as easy to verify as the number of license plate scanners the Department has and the effects of realignment in the City.  But she also gave the Council false information about marijuana, the number of complaints they get about chickens and the dangers of overpollination.  A few months ago, the City had to settle a lawsuit brought by men after the Chief issued a press release falsely accusing them of attempting to engage in public homosexual sex.

Not only does the Chief routinely lie to the City Council, but she has also broken the law.  In 2012, the Chief was caught using Police Department staff and resources to get citizens to lobby the City Council against a proposed marijuana dispensary.  That violates both the San Leandro Municipal Code and the California Government Code.  Though City Council members are well aware of the Chief’s unlawful attempt to manipulate the democratic process, they have not called her on it.  This year, both Mayor Stephen Cassidy and Councilmember Pauline Cutter are running for re-election.

The Chief is not the only “truth impaired” member of staff in San Leandro.  When City staff decided to change the Zoning Code as a tactic in a pending lawsuit, city they explained the change as being a “routine update of the code” and only acknowledged the actual motive behind it after citizens like me brought it up repeatedly at public meetings.  After the acknowledgement, Mayor Stephen Cassidy made some noise about being more open with the community in the future, but did not take staff to task for their repeated attempts at deception.

It’s difficult to know what we can do to restore ethics and accountability in City Hall – both in San Leandro and in Oakland.  Electing the right people has to be part of the solution, but candidates with integrity are few and far between.   My strategy – exposing bad behavior at City Hall -, has seldom been an impetus for change.  Is local democracy just broken and, if so, can it be fixed?