Joyce Starosciak

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 132011
 

SLPD officers involved in fatal shooting identified.

Anthony Morgan and Ryan Gill have record of police brutality.

The arrest of San Leandro Police Officer Jason Fredriksson for furnishing marijuana to a confidential informant with whom he was having an affair has put the San Leandro Police Department (SLPD) in the spotlight. In its wake, there have been several allegations of misconduct by Fredriksson and other San Leandro police officers. The SLPD has responded with its usual wall of silence and the City Council continues to look the other way. It’s hard to know how deep the problems at the SLPD are, but it’s becoming more and more clear than the Fredriksson case may be the tip of the iceberg.

Gwendolyn Killings

In late December 2010, a San Leandro police officer shot to death Gwendolyn Killings, an African-American woman from Hayward. Killings was driving a car that had been reported stolen earlier in the day; SLPD officers spotted it and chased it until it crashed just after the Oakland border, near the San Leandro city limits. The passenger got out of the car and fled. The two officers got out of their own car;  one officer chased the escaping passenger while the other approached the stopped car. That officer shot and killed Killings while she was in the car. The police would later say that the officer was afraid Killings would put the car in reverse and hit his partner. However, witnesses said the car was boxed in and couldn’t go anywhere. The SLPD has not disputed that account. The case is being investigated by the Oakland police as the shooting happened in Oakland, but no report has been released so far.

The Oakland Police, however, have released documents identifying Ryan Gill and Anthony Morgan as the two SLPD officers involved in the incident. We don’t know at this point which officer shot Killings but both officers have a history of allegations of police misconduct that should concern anyone interested in having a clean police department.

San Leandro Police Officer Ryan Gill

Ryan Gill, 33, is an affable and well-liked officer. He was named San Leandro Officer of the year in April 2011 and is admired for his broad knowledge and as a mentor of younger officers. He started his police career in the Oakland Police Department and was there for 7 years – which casts doubts on how  objectively Oakland PD will investigate their former colleague. In 2003, Gill shot to death an unarmed man. Gill and his partner entered the apartment of the victim while he was sleeping, woke him up and claim they were trying to restraint him when he struggled and tried to get Gill’s gun. Both Gill and his partner shot him. The City of Oakland settled the ensuing lawsuit. In another lawsuit settled by Oakland, Gill was accused of beating a man while arresting him. In a third incident, Gill walked out of a review board conduct hearing where he was to be questioned about a charge of falsely arresting a teenager after his partner ram a car into him.

San Leandro Police Officer Anthony Morgan

Gill’s partner, Anthony Morgan, has spent less time in the press but probably just as much in the courtroom. A quick search of the district court’s database shows two recent lawsuits against Morgan for police brutality. One was settled, but the other one is still open.

Unfortunately, the Killings shooting has not been the only recent killing at the hands of San Leandro Police. In 2005, SLPD officers tasered a man to death; the city settled that lawsuit for nearly $400,000. And Morgan is far from being the only SLPD officer with a history of brutality. Tricia Hynes, the lawyer most often appointed by Meyers Nave to represent the city in litigation, boasts on her webpage of how – thanks to her representation – the City of San Leandro only had to pay a few hundred thousand dollars in damages to seven plaintiffs who were beaten by a dozen SLPD officers while searching a home during a 4th of July party. She is even prouder of another case in which the brutal beating of an unarmed man by SLPD officers only cost the city $20,000.

Gill was hired by then-Police Chief Dale Attarian, an old-style San Leandro cop during whose tenure the City was subjected to multiple lawsuits for civil rights violations, sexual harassment and discrimination and police brutality. Attarian was hired by former City Manager John Jermanis, himself a product of the old-all-white-boys network that ruled San Leandro for decades. Jermanis’ hand-picked successor, Steve Hollister, was a former policeman and did not keep a close eye on the SLPD. Under both men, SPLD officers learned that they could do as they pleased with almost no risk of consequences.

SLPD Chief Sandra Spagnoli

It’s a new day in town, however. Sandra Spagnoli was recently hired as Police Chief with the express purpose of reforming the department – at least ridding it of its culture of sexual harassment. It is too soon to know whether she’ll undertake real, rather than purely cosmetic reforms. So far the indications are mixed – Spagnoli investigated the allegations against Fredriksson, but only after an independent witness had contacted multiple authorities with his accusations. Spagnoli has done nothing to discipline the handler of a police dog that got loose and killed another dog earlier in the year – and Gill was named “officer of the year” after Spagnoli became Chief.

San Leandro needs more than a perhaps-well-intentioned Chief of Police to clean up the Police Department of any criminality or maverick behavior by its officers. It needs elected officials willing to tackle the issue of the police head on. This is hard, because politicians usually kowtow to the police union in order to get their support during elections – Council members Ursula Reed and Joyce Starosciak, in particular, have relied on heavy police support for their campaigns. Starosciak herself is married to an Alameda County Deputy Sheriff.   However, even the strongest police advocates should note that a department that allows criminal behavior and abuse by its members tarnishes both the city and the institution of the police itself.

The City of San Leandro needs to do two things to nip this problem in the bud. One is to appoint a strong City Manager with experience dealing with insubordinate Police Departments. The other is to form a Citizens Police Oversight Commission (aka Review Board) to evaluate complaints of police misconduct, help set hiring practices and discipline standards and act as a liaison with the community. Currently, the city of Oakland is considering following San Francisco in getting private citizens to investigate allegations of Police misconduct, we might want to look into that as well. While Police Officers are protected by an incredibly generous bill of rights, a Citizens Commission could at least identify systematic problems within the police department and push for their resolution.

The question is whether the City Council has the political will to push for a meaningful review of what’s really going on at the Police Department, or whether the powers-that-be in San Leandro will just hope that the community forgets about the recent incidents and pray that there are no big scandals during their term of office.

Apr 282011
 

Are you, like me, unhappy about the idiotic decision the San Leandro City Council made in renewing the contract with Redflex, the red-light camera company, for eight years?  Do you wonder how we got into that whole pensions mess that risks bankrupting the city?  Are you angry that the City pays its law firm over $1 .2Million a year but cut down on swimming pool and library hours and did away with the Cherry Festival and the Christmas Tree lighting?  Well, you have no one but yourself to blame.  YOU are the one who voted for this Council.  It’s YOUR fault.

Ok, that’s sort of unfair.  I voted for them too.  Truth we told, we didn’t have a choice.  Most of members of the City Council ran unopposed or faced opponents with even fewer qualifications than themselves.  We voted, in many instances,  for the lesser of two evils – but a lesser evil is still an evil.

Ask anyone who follows San Leandro city politics closely and they’ll tell you the biggest problem is finding competent candidates.  Running for office (if you get a serious, even if incompetent, opponent) can be expensive and time consuming, there are few perks to being a Council Member and, if you take your role seriously, it’s a lot of work.   Unless you need an extra $1200 a month or have political aspirations, the only reason to do it is to help your community – and lets be honest, most of us are not that civic minded.  But without that civic mindedness we end up where we are.  So really, take on the challenge – run for office!

The next City Council elections will be in November 2012.   The seat for District 4, which mostly includes Washington Manor, will be up for grabs as Starosciak will be termed out.  Prola (District 6, the Marina) and Reed (District 2, southeast San Leandro) will face re-election.   To run for a city council seat you must live within the borders of the district you are running for (look at the map) – so if you don’t live in those areas you’ll have to wait until 2014 (when Gregory from District 1 and Souza from District 3 will be termed out, Cutter from District 5 will probably run for re-election).

I’ll be honest with you: running for City Council is not going to be easy.  In District 6, Jim Prola is virtually indestructible.  Not only does he come with all the strength of organized labor behind him, but he’s a tireless campaigner.  He’ll walk every street of San Leandro during the campaign – twice – and will have fun doing it.   Ursula Reed, on the other hand, is more vulnerable.  While defeating an incumbent in San Leandro is very hard (Michael Gregory, for example, easily got 65% of the votes in the last election), it’s not impossible as Cassidy’s defeat over incumbent Mayor Santos showed.  Reed ran a very good campaign in 2008, but it was against an opponent who relied on her name recognition alone and did not campaign.   Reed received a lot of support from part of the progressive community in 2008 that may no longer be there in 2012.  I think that a progressive candidate that could create a good grassroot campaign would be able to defeat her.

The District 4 Washington Manor seat, however, is wide open.  There have been whispers about a couple of people running for that seat but nobody has announced as of yet and none of the potential candidates are well know.  If you live in the Manor, you are smart, competent, willing to do a lot of work and make sound decisions – and preferably (for me) progressive, you should seriously consider running.

The Alameda County Democratic Party will be holding a “running for office” workshop on May 14, 2011, 9 a.m. – 1 p.m at  UFCW Local 5 in Hayward.  This would be a great place for you to start if you are intrigued by the notion of a 2012 City Council run.  For more information e-mail  info@acdems.org or call 510.537.6390.