April 2014 Vol. 14, Issue 4
Oakland City Attorney Barbara Parker 
News from the Oakland City Attorney's Office
In This Issue:
Supporting Local Small Businesses
FAQ: Rules for Campaign-Related Activiies
Illegal Dumping Enforcement Update
City Attorney in the Community
Major Cases & Legal Matters
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Resources:

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In our monthly newsletter, we provide updates on important legal issues and matters that impact Oakland residents and businesses.

 

This month: supporting local small businesses; City Attorney in the community; and as always, highlights of recent court cases involving the City of Oakland.

 

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


Supporting Local Small Businesses  
City's partnership with global microlending organization Kiva.org yielding results 

 

Earlier this month, I held a press conference with Councilmember Libby Schaaf and local business owners to announce the initial results of Oakland's partnership with global microlending organization Kiva.org.

 

Microlending, also called microfinance, allows individuals to make small loans to businesses that do not have access to traditional forms of capital, such as a loan from a bank. The small loans then are bundled together to make one larger loan to the borrower.

 

This "crowdfunding" model has worked around the world to create jobs and economic opportunity for small entrepreneurs and the communities they serve. While this model is usually associated with the developing world, it also can work in Oakland, and in fact it already is working.

 

Kiva press conference 4.2.14  

Photo of April 2 press conference (from left to right: City Attorney Parker, Kiva spokesperson Jonny Price, OwlNWood owner Rachel Konte, City of Oakland Economic Analyst Juno Thomas, Pollinate Farm & Garden owner Yolanda Burrell, City of Oakland Economic Development Manager Aliza Gallo and Councilmember Libby Schaaf)

 

Last May, the City Council unanimously approved a resolution that I and Councilmember Schaaf sponsored, making Oakland the first U.S. city to partner with Kiva.org through the nonprofit's Kiva Zip program, which allows anyone with an internet connection to make a "microloan" of $5 or more to a small business endorsed by the City of Oakland. The City endorses businesses to participate in the program, but does not guarantee the loans.

 

To date, three local businesses are receiving $5,000 loans: OwlNWood clothing store on Grand Avenue, Pollinate Farm & Garden in the Fruitvale District and Loakal Art Gallery & Boutique near Jack London Square. As the initial businesses pay back their loans, the City will endorse more businesses using Kiva's platform.

 

As we all know, Oakland has extraordinary energy and momentum. In the last few years, we have seen a boom in the downtown and uptown neighborhoods, the beautiful rehabilitation of Lake Merritt, the beginning of a historic development on the former Army Base and so many other important and giant steps.

 

One of the main reasons for this momentum is the small local entrepreneurs who are flocking here. Every dollar that is loaned to a small business grows our economy and creates new jobs, new opportunities and new energy. I strongly encourage you to visit the Kiva.org website and make a small loan to support a local business and help grow Oakland. 

 

more information

 

City Attorney & Public Ethics Commission Publish Guide to Laws Governing Campaign Activity by Elected Officials, Candidates, City Officers and Employees

 

The City Attorney's Office and the Public Ethics Commission receive many requests for advice about the laws regulating campaign-related and other political activity by elected officials, City officers and City employees and candidates for City elected offices.

 

To ensure that the public, City employees and officials and candidates have the same information, today the City Attorney and the Public Ethics Commission are releasing a guide regarding campaign-related law and regulations.

 

The guide provides answers to frequently asked questions (FAQs) in three main areas: 1. use of public resources for campaign activities, 2. political activity by City elected officials, candidates, employees and boards/commissions, and 3. contributions to and solicitations from candidates.

 

As campaign activity increases in the months leading up to the November election, this guide will be a resource to City employees, elected officials, candidates, campaign workers, advisors and the public to understand and follow the law.

 

If you have a question that this guide does not address, please email your question to info@oaklandcityattorney.org. We will continue to add FAQs to the guide to make it as helpful and as comprehensive as possible.

 

Read the FAQ 

 

Illegal Dumping Enforcement Update

In late 2013, the City Attorney initiated a crackdown on illegal dumping with the Public Works Agency and the City Administrator's Office.

 

An increasing number of people, many using camera phones, are taking photos and videos of illegal dumping incidents and reporting violators. With the help of photos sent in by members of the public, we are building cases against illegal dumpers and issuing major fines.

 

Results so far:
  • Total number of citations: 60
  • Total number of warning letters: 53
  • Total amount collected in fines: $9,650.50 (with an additional $3,825 expected)
  • Number of settlements that required community service: 9

To report incidents of illegal dumping, go to the Public Works Agency's on line service request page , or go to 

  

Photos of the license plate numbers of vehicles used for illegal dumping are ideal. If a photo is not available, write down the license plate number, and please avoid confrontation when documenting illegal dumping incidents. 

 

City Attorney in the Community

Oakland Technical High School Career Day

On April 9, I was honored to join other elected officials and professionals representing a wide variety of careers to speak to students at the beautiful Oakland Technical High School campus. Career Days broaden students' horizons by exposing them to different career opportunities and planting seeds about fields they have never considered or did not believe were options for them. I want to thank the wonderful Oakland Tech staff and students for their hospitality. 


Mandela Law & Public Service Academy Partnership and Mentoring Program

Last year, I initiated a partnership with the Mandela Law & Public Service Academy, which is one of the academies in Oakland's Fremont High School.   Attorneys and other staff in my Office have volunteered to support the program and mentor students, who are interested in careers in law and government.

In November, we hosted the students on a visit to City Hall. They were very enthusiastic and interested in government and the work we do.   They became particularly passionate when they learned that the Council's Public Safety Committee was considering passing legislation that would impose a curfew.


Last week we had our first formal meeting with the students on the Fremont High School campus and had the opportunity to become better acquainted with the students that each of us will work with in the coming years. These bright and engaged young people are very mature for their tender years. I look forward to continuing our partnership with the Academy and helping theses students to realize their dreams.  

 

  

City Attorney Hosts California Minority Counsel Program Event "Strengthening Public & Private Partnerships"

 

I want to thank all the members of my staff and the members of the California Minority Counsel Program (CMCP) staff for organizing an inspiring educational event for attorneys on March 26 at City Hall.

 

The event "Strengthening Public & Private Sector Partnerships" brought more than 100 attorneys from public agencies and private firms together to discuss strategies to improve the practice of public law in California. 

 

Public agencies are facing daunting legal and financial challenges, so it's more important than ever for the public sector to partner with private sector attorneys and firms to leverage the resources we have and plan for the next 25 to 50 years of this century. One highlight was a panel discussion of General Counsel from Bay Area public agencies including University of California at Berkeley, County of Alameda, Peralta Community College District, BART and the Port of Oakland (see photo below). The panelists provided frank and enlightening insight about their career paths, their life experiences, the challenges in they face in their roles and how diversity is a critical prerequisite to providing excellent legal services.  

 

CMCP has worked for more than two decades to increase diversity in the legal profession. We know that diversity is key to improving the practice of law in our state, securing justice in our criminal and court systems and improving government at every level in California.   

 

A special thank you to Rocio Fierro, head of the Public Safety Unit in my office, for conceiving the idea for this event and for her hard work on the details, including identifying and securing panelists for the continuing education panels.  

 

CMCP March 2014  

Photo left to right: Hansen Bridgett Partner David Alexander, Peralta Community College District General Counsel Thuy Thi Nguyen, Oakland City Attorney Barbara Parker, BART General Counsel Matthew Burrows, Alameda County Counsel Donna Ziegler, Port of Oakland General Counsel Danny Wan & University of California General Counsel Charles Robinson.

 

Updates on Legal Cases & Matters

  

1. Northern California River Watch, Teamsters Local 70 and East Bay Alliance for a Sustainable Economy v. Oakland Maritime Support Services, City of Oakland, et al.,

U.S. District Court Case No. 4:40-CV-3912 CW

 

In 2010, Northern California River Watch, Teamsters Local 70 and East Bay Alliance for a Sustainable Economy filed a lawsuit against Oakland Maritime Support Services ("OMSS") for alleged violations of the Federal Clean Water Act on property OMSS leased from the former Oakland Redevelopment Agency. As the owners of the property, the Agency and the City of Oakland were named as parties to the lawsuit.

 

In July 2011, the parties began discussions in effort to settle the case. After more than two-and-a-half years of complex negotiations, the parties have reached a mutually beneficial settlement of the litigation.  Under the settlement, the City will pay $300,000 to resolve all of Plaintiffs' claims; $200,000 of that sum will be allocated to fund the West Oakland Job Resource Center. OMSS will reimburse the City for $50,000 of the total settlement amount. 

 

In exchange for these payments, Plaintiffs dismissed the litigation and agreed not to challenge the relocation of OMSS truck repair and maintenance facility to the Oakland Army Base or the Port of Oakland.

  

Resolution of the case removes a potential impediment to the successful redevelopment of the Oakland Army Base site and avoids the potentially much greater expense of proceeding in the courts. 

 

   

2. Saavedra v. City of Oakland, et al. Alameda County, Superior Court Case No. RG11559931  

 

A part-time custodian in the City's Public Works Agency filed suit against the City of Oakland and his supervisors, alleging he was defamed, discriminated against, harassed and retaliated against based on a protected class (race or national origin). The allegations stemmed from a 20-day suspension the City imposed following an investigation into a number of disciplinary issues. The City moved for summary judgment on the grounds that the City's actions regarding the custodian's employment were unrelated to race or any other illegal motive and that the custodian had not exhausted his administrative or judicial remedies before he filed suit in Superior Court. Judge Kimberly E. Colwell agreed; on April 9 the court granted the City's motion and dismissed the custodian's complaint.