Tuesday, August 25, 2009

Why I'm Still Whining About Measure Y

You thought the lawsuit was over, so why am I still whining? Well, first of all, even though the Court ordered a refund of all the illegally spent monies, and for performance of all the back audits, the City has yet to comply with the Court's order. In fairness, the City has a few weeeks from today to get this done (at which time it must notify the Court what it has done to comply). But after reviewing documents I received yesterday pursuant to a recent Public Records Act request, I don't have the greatest confidence that anything meaningful is actually happening.

First, the City turned over 20 e-mails that had been redacted (i.e. blacked out) in their entirety. All of the e-mails related to performance of the mandatory audits. Now, I can understand shielding one or two e-mails, in which the City Attorney's office advises the relevant manager(s) about the court's ruling, and what must be included in the audits. However, actually getting the audits done should be the responsibility of some City administrator, not the City Attorney's office. The whole purpose of the audit is so that the public can be assured that the money is being spent appropriately, and that the required projects are getting done. So what's with all the blacked out e-mails? Which City manager is supposed to be in charge of getting these audits done? Why weren't they done in the first place? Whose fault is all this?

Hard to say, but I'd say a lot of the blame lies with Jeff Baker and the Measure Y Oversight Committee. The Oversight Committee's sole responsibility is to ensure compliance with Measure Y mandates. Given the results of my lawsuit, they should all be ashamed of themselves. Back in February I did a post about how I was invited to give an update by then Chairperson Maya Dillard Smith. A minute into my presentation I was interrupted and sent packing (by the majority, not Dillard Smith), after being told that since the decision wasn't "final," my presentation was "premature," and that they would invite me back after the decision was final. In the meantime, Dillard Smith continued agitating about the lack of cooperation she was getting from City Officials in obtaining necessary information and was asking questions about whether the Commmittee was entitled to separate legal counsel. Surprise surprise, she was given the boot, and I was never invited back.

So last Monday I left a message for Don Blevins, the new chairperson. He didn't call me back, but I decided to just show up and see what would happen. I arrived late, and as it so happened they were in the process of discussing - guess what - my lawsuit! Sanjiv Handa, bless his heart, was giving them all sorts of misinformation, and Jeff Baker, Assistant to the City Administrator and in charge of administering Measure Y, was professing his usual ignorance about stuff he totallly should have known about and otherwise evading the questions being posed. Great, I thought, I've arrived just in the nick of time. But when I introduced myself, Mr. Blevins' first reaction was to turn to Mr. Baker and ask him it it was even appropriate for the Committee to hear from me. The same type of crap reception I got last time! What kind of a chairperson for an "oversight" committee wouldn't want to hear from a concerned taxpayer/citizen who just spent a year and a half litigating against the huge City political machine, all for the sake of recovering funds that the committee is in charge of protecting? The type of chairperson who was appointed by the Mayor who was responsible for much of the illegality that has gone on under Measure Y - that's who!

At any rate, some committee members did actually ask me a question or two, but nothing too incisive. They sure didn't express their appreciation for what I'd done either, not that I came there expecting gratitude. I welcomed them to check out this blog and to have them call me. I encouraged them to actively engage to have the City fulfill the obligations of Measure Y. Nobody made a meaningful motion to call the City to account. Nobody called me. I think two of them looked at the blog. But it was all very disheartening. My ultimate conclusion is that they are totally useless at best, and corrupt and disingenuous at worst. Hey, guys, if any of you are reading this and you think I've got it all wrong, you just let me know. But tell me this. Why aren't you demanding monthly reports on Measure Y police staffing? Why have five years gone by, and you haven't ensured that a single audit get performed? Why are you not demanding a status report on the audits ordered by the Court? Why have five years gone by, and not a single Crime Reduction Team officer put into place, as clearly mandated by Measure Y? Why has the subject of my lawsuit never been on the agenda for any of your meetings? Why was the only person who actually seemed interested in "oversight" unceremoniously removed from the committee? I'll draw my own logical conclusions unless you convince me otherwise.

Sunday, August 16, 2009

What Do Measure Y and Parkingmetergate Have In Common?

Strangely enough, quite a lot. In the wake of all the brouhaha over the recent changes in parking meter rates and hours, I found myself oddly riled up, despite the fact that I rarely park at Oakland’s parking meters. But the actions of the City Council in approving the new parking policy illustrate financial mismanagement, overt dishonesty, and lack of communication with their constituencies
- all reminiscent of the Measure Y debacle. Let’s remember that while many cities are struggling through the recession, Oakland stands alone in the Bay Area in terms of the severity of its budget woes. No other cities ever mentioned the “b” word. Also, the reason for the changes was undisputed - the City admitted it was desperate for revenue. I have read various revisionist theories justifying the changes, like making Oakland “greener,” encouraging foot traffic, encouraging more turnover of spaces etc. Please don’t insult our intelligence - we know those reasons had nothing to do with increasing rates and hours.

As for the expressed “need” for the money - keep in mind that the policies will likely generate less than $4 million of revenue annually. Assuming that this number is correct (which I doubt, given the evidence I have seen of City officials’ inability to perform basic arithmetic) it will take more than three years of this policy just to pay off the debt to Measure Y! What does that tell you? That if your elected officials weren’t such unethical and dishonest bozos to begin with, you wouldn’t be having to pay outrageous fines and parking meter fees. So, dear leaders, don’t tell us these measures are “necessary.” If you did your job properly, they wouldn’t be. I heard Jean Quan claiming that if they didn’t increase rates, they’d have to lay off police officers. Oh really, Jean? What about your past promises that Measure Y “guaranteed” us a police force of 802 officers?

Speaking of which, the force is now back down to 799 officers - with no academies scheduled or budgeted for. That means in no time the City will be right back to where we were before Measure Y (under the required 739 officers) and you can rest assured the City will continue collecting Measure Y dollars anyway. After seeing all the dander flying over the parking meters, I have to wonder, why are people taking all of this lying down? I sympathize with merchants who are hurting over the new parking policies. But the crime situation in Oakland is desperate. People are dying, being raped, being mugged, being burglarized - all exacerbated by a police force that virtually everybody agrees is dramatically understaffed. Where is the outrage? Where is the demand for a recall? Where is the call for revolution? Where is the media attention? I’m not ready to be the next Allen Michaan - but maybe that’s what this cause needs. I went and sued the City and won a case worth over $15 million, and how has the City responded? Not at all. No reaction. No apologies, no commitment to honor the promises made. No increased staffing. No repayment of the Measure Y fund. Nothing.

Judgment in the case has now been entered. The City has approximately two months from now to file a “Notice of Appeal.” If they do, it will be for no reason other than to delay in having to pay back the Measure Y fund. That’ll eat up around a half a year’s parking meter revenues just in the interest they’ll owe as a result. Think about that the next time you feed the meter.