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In our monthly newsletter, we provide important information about the work of the Oakland City Attorney's Office -- plus updates on legal issues and matters that impact Oakland residents and businesses.
Big news this month: City Council unanimously passed new illegal dumping ordinance; new public records request system improves transparency by allowing the public to view requests and responses on line; and as always, updates on important legal cases involving the City of Oakland and the City Attorney in the community.
I look forward to your comments, thoughts and questions about how we are conducting the City's business.
Very truly yours,
Barbara J. Parker
Oakland City Attorney
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City Council passes illegal dumping law
New ordinance provides stronger penalties for dumping, allows community service for some violators
On October 15, the City Council voted unanimously to adopt a new illegal dumping law that I and Councilmember Lynette Gibson McElhaney sponsored.
The law is designed to support the City's efforts to deter illegal dumping and hold violators accountable.
Illegal dumping is one of the worst causes of civic blight in our community.
Dumping old mattresses, furniture, construction debris, garbage, hazardous materials and other items on sidewalks, in parks and under freeways is a major public nuisance in neighborhoods throughout Oakland. The Public Works Agency reported nearly 17,000 incidents of illegal dumping in the last fiscal year.
My Office has been working with the Public Works Agency to cite illegal dumpers (the average citation is for $3,000 to $4,000). This law is an important tool in the comprehensive strategy that our City is developing.
Oaklanders have had enough of this disrespect. Illegal dumping is not just a source of blight -- it creates an environment that encourages more serious crime and violence. Making Oakland a cleaner city will make it a safer city.
The new ordinance will (1) make illegal dumping a misdemeanor under Oakland law, as opposed to just an infraction, (2) increase penalties to allow significantly higher fines in some cases, and (3) allow some defendants to perform community service if they cannot afford fines.
More information
City Launches New Public Records Request System
New on-line system facilitates easy access to information
This month the City launched a new on line public records request system that will allow the public greater and easier access to records.
The system, called RecordTrac, is beautifully designed and user-friendly. It will allow us to more efficiently track and manage the public's requests. The system was built by Code for America, an innovative organization that uses technology to help government improve its relationship with residents.
One of my most important duties and missions as Oakland's City Attorney is to make sure that everyone in City Hall knows and complies with the law -- and to make sure the people of Oakland know their right to access public information. Open government laws -- California's Public Records Act and Oakland's Sunshine Ordinance -- are critical components of our democracy.
This new tool helps us in our mission to ensure that all Oaklanders have full access to information about our city and that we conduct the business of city government in broad daylight.
I want to thank Code for America and the funders for all the work they have done, and for assisting us in fulfilling our commitment to run a more transparent and effective government for all of Oakland.
More information
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Events & Developments
City Attorney's Office in the Community
1. City Attorney Receives Distinguished Public Service Award
I was deeply honored to receive a great award this month from the International Municipal Lawyers Association (IMLA). IMLA is a professional association that has been dedicated to improving the practice of municipal law for more than three quarters of a century. I appreciate the recognition of the work my Office has done over the last year to protect the interests of the people
 of Oakland and help improve our city government. The IMLA, which held its 78th annual conference in San Francisco this year, gives the Distinguished Public Service Award every year "to honor a local government attorney for significant and surpassing achievements in the field of local government law occurring or culminating in the previous year." I want to thank the IMLA for the work it does on behalf of local governments like the City of Oakland. I also want to thank the members of my Office, who often work behind the scenes to protect and advocate for the interests of our City and its residents. Their outstanding dedication to the City -- and their excellent work on issues such as shutting down motels that cater to prostitution, illegal dumping enforcement and government transparency -- earned us this recognition. 2. NAACP Clergy Appreciation Dinner Once again the NAACP's Annual Clergy Awards Dinner was an amazing event. The photo below includes Oakland Fire Chief Teresa Deloach Reed, City Councilmember Lynette Gibson McElhaney, award recipient True Vine Ministries Pastor Zachary Carey, Oakland Police Chief Sean Whent, Alameda County Supervisor Keith Carson, Cheryl Moore, Oakland Police Department Chief of Staff Holly Joshi, County Chief Probation Officer LaDonna Harris and others.
3. Rockridge Out & About
We had a fantastic time this year at the Rockridge Out & About street festival. Members of my Office -- and some of their relatives -- staffed a booth and gave out information about the City's illegal dumping initiatives. This festival on College Avenue always has delicious food and a festive atmosphere. It's a great event every year. If you didn't make it, I highly recommend that you check it out next year.
4. Speaking Engagements
In recent weeks I addressed the West Oakland Commerce Association and the Pastors of Oakland. Both of these organizations do an admirable job of advocating on behalf of Oakland residents and business owners, addressing blight, public nuisances, crime, the foreclosure crisis, education, and many other important issues. I was honored to talk to them about the work my Office is doing to address these issues.
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Legal Briefs
Updates on important legal matters
1. Lawsuit against Fraudulent Immigration Consultants
In 2010, the Neighborhood Law Corps unit in the City Attorney's Office sued a fraudulent immigration consulting company that swindled thousands of dollars from Oakland families. (City of Oakland v. American Legal Services, et al. Alameda County Court Case No. RG10496098).
Defendant American Legal Services falsely claimed to be a law office specializing in immigration advice. In fact, none of its employees were licensed to practice law. The company charged exorbitant fees up front and then routinely botched immigration applications, in some cases resulting in deportation of their clients.
To date, we have collected almost $200,000 in settlements with insurance company defendants, including a $92,500 settlement agreement we executed just a few weeks ago. The court will determine the formula to distribute that money; some of the dollars will be paid to the victims of the fraud, and some of the dollars will be paid to the City to cover the legal fees and costs.
After my Office filed the lawsuit, the company's storefronts closed and the owners allegedly fled the country. However, I will continue to pursue this lawsuit to collect damages from the assets the owners still hold in the U.S. -- and to deter other unscrupulous companies from preying on immigrant families here in Oakland.
Trial is set for October 21 in Dept. 18 of Alameda County Superior Court.
2. Oakland Wins Lawsuit over Pension Bonds
In December 2012, plaintiff David Mix sued the City over the issuance of $212.5 million in Taxable Pension Obligation Bonds. The bonds were issued to fund the pensions for police officers and firefighters who are members of the Police and Fire Retirement System (PFRS). (David Mix v. City of Oakland Alameda County Superior Court Case No. RG12661429).
Mix alleged that the City Council's approval of the issuance of the bonds violated the California Constitution, as well as state and local laws.
On September 26th, the Alameda County Superior Court ruled in favor of the City, disposing of the case in its entirety. The court also found the plaintiff's lawsuit was barred by the statute of limitations and the public noticing requirements in the California Code of Civil Procedure.
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