Where Do We Go From Here?

So, I’ve had some time to think about and digest the decision, and compose my thoughts. First, I am, of course, extremely unhappy about the City’s initial statement that it intends to appeal the decision. I hope that this is just something they feel they “have” to say, because if they were to actually appeal, that would be idiotic from a legal standpoint, and just plain wrong from a strategic standpoint. The City would not have a prayer of getting the main portions of the decision reversed on appeal. There is not a single case or any other law that would convince an appellate court that the City did not manifestly abuse Measure Y funds. Moreover, if the City appeals, I’ll cross-appeal on the things I didn’t win on (and I didn’t win on everything, unfortunately), and the City would actually risk being in worse shape after an appellate decision. The only possible reason the City would appeal is to delay the impact of the decision, so they wouldn‘t have to pay the money back right away. City officials also probably think an appeal would mitigate the humiliation of the loss - I disagree. I just think it makes them look worse. Even more dishonest, disingenuous and conniving than I originally thought. And that’s saying something. But just to let everybody know, I still love a good fight, and if the City wants to appeal, bring it on.

One of the things that’s been lost in the discussion is that the Resolution from March, 2008 - the one that started this whole mess - promises to pay the money back if it turned out the money was used for non-Measure Y officers. It’s right there in the Resolution. Check it out at clerkwebsvr1.oaklandnet.com/attachments/18911.pdf. Jane Brunner herself insisted that this language be inserted. Now, I don’t think putting that language in saved the Resolution from being illegal, because you’re still not allowed to “borrow” money from a special tax fund, but the bottom line is that the City Council already publicly voted to pay the money back. We now know none of the officers were placed in Measure Y positions - they all went straight to patrol. So by virtue of the Resolution’s language itself, the money is owed back. There is no way that the City could possibly argue otherwise.

And what about the audits? The City NEVER conducted a SINGLE AUDIT that it was supposed to under Measure Y. The whole point of the audits is to ensure that the money is spent correctly, and that the projects that are supposed to be funded with the money actually get done. Not only were there no audits, there was not even an effort to do one (until I sued). What does this tell you about actual oversight of tax money? It doesn’t happen! Neighbors, your City officials will lie, cheat, and steal and refuse to be held accountable. It’s outrageous! How can you allow that? There’s one way to send a strong message to your representatives, and that’s to VOTE NO on every single tax measure they put in front of you, until they’ve made good on their promises under Measure Y and regain your trust. And that’s not going to happen for a long time.