Stephen Cassidy

Stephen Cassidy is the current Mayor of San Leandro. He was elected in 2010 and is expected to run for re-election in 2014. He is a partner at a large class-action law firm, but specializes in public relations.

Cassidy has, overall, been an absent an ineffective mayor. His major focus was on bringing pension reform to San Leandro. He campaigned on a platform of forcing city employees to pay their own share of pension contributions, and thus saving the City $3M a year. While he managed to get the employees to agree to pay their share, they did so in exchange for raises of an equal amount, leaving the City with higher payroll tax obligations but no actual savings.

Cassidy has also been frequently criticized on this blog for his attempts to do away with transparency of City operations. He did away with minutes from City Council meetings, so that now the only way of knowing what was said at a meeting is to listen to the audio recording. The recordings are of such bad quality that they don’t work with transcription software. Cassidy has also consistently violated the Brown Act and, under his administration, the City has started to also violate the California Public Records Act.

Cassidy’s administration has been plagued by examples of Police corruption and abuse, including the conviction of an SLPD narcotics officer for selling drugs to an informant, the persecution of men thought to be seeking homosexual encounters near a public park, the killing of an unarmed mentally-ill man and the growth in surveillance of citizens. Cassidy has a been a big supporter of the Chief of Police and advocated that she be given a large race and multi-year contract.

Cassidy is also criticized for his lack of leadership, his inability to forge friendly relations with City, community and political leaders, and the lack of time and concern he spends on the City.

On the plus side, Cassidy is significantly more intelligent and somewhat less petty than former Mayor Tony Santos, whom he defeated in 2010.

Nov 232013
 

I posted this on Mayor Stephen Cassidy’s Facebook page.   I don’t believe he will answer, but I wanted to give him the opportunity to do so before I write a more comprehensive blog article on the subject.  Cassidy has also failed to answer questions on the dangers of flooding in the San Leandro shoreline and on what actual gang activity in San Leandro is.

Question
What is the city’s policy on following City Council policy?  As you know, I wrote to you and the City Attorney pointing out how the San Leandro Police Department was commonly violating the social media policy passed by the City Council.

As you also know, the response by the City Attorney was to acknowledge this fact and say that the social media policy would be changed to accommodate SLPD practice.   As far as I know this hasn’t happened, but the Police and you, yourself, continue to systematically violate it. For example, you just posted a photo of a meeting that includes four identifiable individuals, including Oakland’s Mayor Jean Quan. By the City’s policy, you should have gotten the expressed permission of each one of them before posting it.  Did you do so?

So my question to you is: what is your policy and the City’s policy on following City Council policies? Are policies approved by the City Council recommendations, guidelines, hopes, or what exactly?

I think San Leandro citizens have the right to know why you pass policies but will not actually follow them.

Nov 122013
 

This letter was published by the San Leandro Times on Nov. 7, 2013

Editor:

Chief of Police Sandra Spagnoli is out of control. Endangering the lives of children by canceling the crossing guards at the Safe Streets Halloween event is only her latest stunt. Previous examples include using department resources to unlawfully lobby the City Council, falsely arresting people for sex crimes and eliminating Internal Affairs.

The Chief also has the habit of providing the City Council with false information, what City Manager Chris Zapata labels “mis-speaking.”  The Chief, for example, told the Council that the SLPD needed to search the backyards of chicken owners’ homes without a warrant because they get an average of one complaint a week about chickens.  A public records search showed just a single complaint filed in the last two years.

The Chief also “mis-spoke” about the number of license plate scanners the Department has (5, not 3), the dangers of over-pollination (none outside strawberry greenhouses), the effects of medical marijuana dispensaries on crime (none) and the effectiveness of surveillance cameras in reducing and solving crimes (very low to none). Just last week, she blamed the increase in crime in San Leandro to prisoners being released early due to realignment; trouble is, law enforcement data shows there have been no such early releases.

“Mis-speaking” to the City Council and lobbying during work hours show a lack of respect for the Mayor and Council members and for the democratic process itself. It’s up to City Manager Zapata to hold her accountable and assure she behaves legally and ethically in her job. The fact that he has failed to do so suggests he lacks the leadership skills necessary for his own position.

The City Council should keep this in mind as they evaluate Zapata’s performance in the upcoming months.

Margarita LacabeSan Leandro

Update: On this week San Leandro Times, POA President Isaac Benabou not-quite-responds to my letter by praising his boss, Chief Sandra Spagnoli, and accusing me of “misleading” readers.  Alas, he does not substantiate his allegation and the only factual assertion he makes in disagreement with my letter, that surveillance cameras “greatly assist” in preventing and solving crimes is wrong.  I call on Mr. Benabou to explain his allegations or otherwise apologize.  Here is his letter: 

Editor:

This is a reply to last week’s letter to the editor “Accuses Police Chief of Being ‘Out of Control’,” Letters, Nov. 7.”

I am writing this letter to the editor as the voice for the San Leandro Police Officer’s Association. This is my first correspondence to the San Leandro Times as the POA President.

Each week I make a point to read every letter sent to the editor with specific interest in articles that pertain to the Police Department. From time to time there are misleading letters written and published and often by the same author.

In last week’s letter to the editor, the writer expressed her disapproval our of City’s Police Chief and City Manager. There are more to her dislikes for these officials than were mentioned in her letter and my professionalism acts as a barrier to my emotions.

There comes a time when enough is enough! As a 20-year employee of this agency, I’ve never seen so many positive changes and improvements than I have seen in the past three years. A Professional Standards Unit, Chief’s Advisory Board and the creation and implementation of United for Safety is just the beginning.

We have embraced technology by joining facebook, twitter, Nixel, and creating an easy-to-use SLPD Smartphone application, all in an attempt to be more transparent with the community. Yes, technology includes surveillance cameras and license plate readers which both greatly assist in solving and preventing crime.

These are just a few programs implemented over the past three years, all accomplished under the current Police Administration led by Chief Sandra Spagnoli.

So, to the fair and impartial readers out there, please take with a grain of salt the comments and accusations expressed in last week’s letter and know that every hard working member of my organization is committed to the safety and service of the citizens of San Leandro.

— Isaac BenabouPresident

 

 

 

Nov 042013
 
Cynthia Chandler (left) and other former Cassidy supporters at the Swing the Vote for Cassidy fundraiser in 2010.

Cynthia Chandler (left) and other former Cassidy supporters at the Swing the Vote for Cassidy fundraiser in 2010.

The following open letter was left by San Leandro resident Cynthia Chandler on Mayor Stephen Cassidy‘s Facebook page.  Chandler was a strong supporter of Cassidy during his 2010 Mayoral campaign but has grown frustrated with the Mayor’s unwillingness to lead.  After attending a town hall meeting where the Police Chief gave misleading information and the Mayor disallowed continued discussion of city issues, Chandler wrote an open letter asking that Mayor Cassidy limit the power of the Chief to write ordinances. Cassidy responded saying that he would, but otherwise praising the Police and saying that his major interest was in re-negotiating the pension obligations for firefighters.  This is Chandler’s response.

Wonderful to hear Mayor Cassidy supports an ordinance to limit abuse of police power by disallowing police from drafting city policy/ordinances. I look forward to seeing how you push this important effort. Thank you!

Regarding the city’s public safety budget, thank you for breaking down resources spent in the general fund. I would appreciate a list of expenses outside of the general fund spent on policing. Also, I do not support efforts to attack firefighter’s pensions. Firefighters have a radically reduced life expectancy as result of secondary illness brought on by exposures to toxins while fighting fires. Every day, their job risks their health and livelihood into the future. I do not think it is appropriate to build a budget on the backs of working people.

Similarly, that our city’s budget was balanced significantly through passage of a sales tax through Measure Z, which by definition, as a sale tax, disproportionately impacts people with lower economic standing, is not acceptable to me as a long term solution (and thank you for opposing that tax). Nor was it acceptable for me to read in the San Leandro Times that the majority of the Measure Z tax money went to policing at a time when overall crime is low, yet our other essential safety systems, such as roads, economic development and schools are underfunded and in disrepair.

Of course, as you point out in response to my ask that you support a marijuana tax designed to fund some of our underfunded public safety needs, no one incomplete source of funding will provide us all we need to better all these neglected safety structures. That is why we need to diversify with multiple sources of income locally, and not dismiss one source as incomplete. However, in that work, I hope that you do not continue to focus on attacking the base needs of workers–how about assessing reform to our commercial tax codes in ways that will benefit small business but perhaps add tax to large box stores and other larger businesses? Concern for diversification also is why I asked you and Council Members what you are doing to build collective power among municipalities to demand from the State what we need and re-prioritization of state funding. Your answer was that was you tried and it is hopeless. I beg to differ. I have seen no effort by the city to track and inform the San Leandro public of State efforts that may harm our community with time to organize in opposition, and no effort to support and organize voters in demanding our state representatives do right by us. Your Facebook page reads like an event calendar, not a page to lead us to action. Imagine what would happen if we had a mayor able to inspire voters and encourage other local mayors to do the same. Instead, I have watched as you appear to abdicate more and more leadership to city staff and waive away larger State-oriented efforts as pointless.

Lack of mayoral leadership fueled my upset at the recent District 5 and 6 meeting when you ended the meeting despite community members still wanting to speak and city leaders willingness to stay. Regardless of the officially noticed time of the meeting, there was no need to end the meeting at that time, and capacity to continue it. Part of my upset is rooted in a belief that it is beneficial for all our community members and representatives to hear from us all — the group process builds group knowledge and accountability. My upset also was because we in the community had heard nothing from you on your personal leadership, ideas, or concerns around crime or anything else, apart from when I personally asked you to comment on whether you would support a marijuana tax to fund underfunded public safety infrastructure. I wanted all of us voters in attendance to hear from you directly and decide if we should vote for you in 2014. I want to know what you think of the police chief presenting misleading information; I want people in my neighborhood to know what you think is a safety priority and what your solutions are.

Ending the meeting as you did, you appeared to remove yourself from any responsibility to lead or respond to your constituency, and instead chose to defer these roles to staff. I am not in favor of our town’s safety policy being conflated with policing and controlled by any Chief or unelected staff person. My concerns for your leadership are compounded when I hear you thank the Chief profusely when she misleads us all, and when she proposes unconstitutional surveillance plans (like the chicken policy provision demanding permit owners submit to searches for any reason and without cause). From what I have seen, your administration is interested in maintaining that deference to staff regardless of the needs of your constituency. I look forward to learning otherwise.

Meanwhile, I believe the voting public is increasingly frustrated with politicians who appear disconnected from their base. Last week’s opinion polls in the San Leandro Times are remarkably uniform in this view. Similarly, several district members in attendance spent the one-on-one time discussing how we would rather have district meetings that are called and run by the voters around our needs. I look forward to inviting you to attend such a meeting in my district in the New Year.

Nov 012013
 
Mayor Stephen Cassidy

Mayor Stephen Cassidy

Stephen Cassidy has not resigned as Mayor of San Leandro.  He is even planning to run for re-election in 2014.  But for all intents and purposes he has abdicated his responsibilities as Mayor of the City in favor of being just another Council Member.

San Leandro has a Mayor-City Council-City Manager sort of government.  The powers not expressly given to the Mayor or Manager, are reserved for the Council.   While this is not a “strong Mayor” city, there are a handful of responsibilities that the Charter describes as the powers and duties of the Mayor alone. These are not optional, the Charter provides that they Mayor shall exercise the enumerated powers, not that he may.

The three primary enumerated powers of the Mayor are those to “recommend City policy,” “recommend to the Council appropriate and necessary legislation” and “recommend programs for the physical, economic, social and cultural development of the City“.   This exclusive power to set the agenda is, according to Mark Petracca, associate professor of political science at UC Irvine,  almost universal for Mayors of California cities. “It’s one of the very few explicit powers that they have.”

Cassidy, however, has abdicated this responsibility to the whole council.  “As a general rule, neither the Mayor nor an individual Council member has authority to place a substantive item on the Council agenda solely by him or herself. It takes four members of the Council to agree to hear the matter[,]” Cassidy wrote on his Facebook page.  He did not explain, however, that this method of setting the agenda is not legal under the Charter, and that it’s implemented only by his choice.

Cassidy has also been extremely reluctant to exercise his only other substantive authority as Mayor, that “to suspend implementation of any action taken by the Council”.  He’s done it once in the three years he has been in office, when he suspended the raising the flag of the People’s Republic of China.  Even then, he did so reluctantly and, apparently, in fear of the massive public outrage at the Council’s decision.

 

To be fair, Cassidy does exercise his administrative duties.  He does “preside at meetings of the Council,” “establish and dissolve ad hoc committees” and “represent the City in intergovernmental relations” either  “personally or by delegated representative.” He also does “report to the public from time to time on the affairs of the City” and somewhat exercise his responsibility “for public relations” by show up at the occasional community event and blogging.  He often hands off to the Vice-Mayor the responsibility to “represent the City for ceremonial purposes,” however.  Finally, if he’s fulfilling his responsibility to “provide leadership and marshal citizen participation in City activities” he is doing so very, very quietly.

But the latter powers are of much lesser importance than the former. The primary duty of the Mayor is to set the direction of the City.  This is what Cassidy refuses to do.  Whether that is because he is incapable or just unwilling to accept the political consequences, is unclear.  But the question remains:  if Cassidy won’t exercise the responsibilities of being Mayor, why be Mayor at all? If all he wants is a vote in the Council, he can just run for a seat, the one for his district will be open in 2014.  If it’s the title that he wants, perhaps the City Council can just name him “Mayor Emeritus” and San Leandro can elect someone as Mayor who actually wants the job.    Mayor Cassidy has made it clear, that is not him.

Oct 292013
 

San Leandro resident Cynthia Chandler posted this open letter today to Mayor Stephen Cassidy‘s Facebook page.   Ms Chandler is a professor of law at Golden Gate University.

As a survivor of violence and as a resident concerned with public safety and ensuring our city uses its resources wisely, I am concerned that Chief Spagnoli is engaging in hyperbole and misinformation to promote her personal agenda. I am writing to ask you to take action by ensuring police chiefs are not permitted to craft city ordinances (advise, but not craft).

Last night at the District 5 & 6 community meeting, Chief Spagnoli reiterated a false statement that I have heard her make before in public — that rising crime in San Leandro is due to early releases of prisoners. Yet, the department’s data presented at the meeting showed no statistically significant rise in crime (and burglary data was not even disaggregated for commercial burglary, which includes shoplifting). And California realignment law does not allow for early release of prisoners.

I asked the Chief if she could direct me to a law or reference supporting her claim of early releases occurring under realignment, because as an attorney I am familiar with criminal codes and policy. She sent me to the California Police Chief’s Association website and accused me of being a State propagandist, supporting the State’s laws and agenda. I thought as a peace officer that her job IS to enforce State law, not create her own. And when I went to that website, all links confirmed that there have been no, and there is no provision for, early releases.

The Chief made clear to me that she has her own personal agenda in conflict with State law. I also am concerned that she in intentionally working to boost fears among our community to build political support for her own agenda. This agenda was made clear in her inclusion into the recent chicken and bee policy of an arguably unconstitutional clause allowing for cause-less searches of permit holders yards, for any reason.

I moved to San Leandro because it offered a safe community. I want to make sure our resources are used wisely and impactfully. Consistent deference to police and the ever increase of the police budget’s portion of the general fund has contributed to our present lack of funding for roads, economic development, and fire also needed for safety. Allowing our codes to be constructed by any police chief presents a conflict of checks and balances over police power. Will you support an ordinance to control police powers by not allowing police to craft our ordinances?