August 2015 Volume 15, Issue 4
Oakland City Attorney Barbara J. Parker 
News from the Oakland City Attorney's Office
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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. 

 

This issue: New faces at the City Attorney's Office; FBI, Oakland Police and City Attorney target human and drug trafficking at Mills Motel; updates on major cases and legal matters; and remembering Julian Bond, champion of civil and human rights. 

 

I look forward to your questions and comments about the work we are doing on behalf of the people of Oakland.

 

 

 Barbara J. Parker
 Oakland City Attorney
City Attorney's Office Expands & Strengthens Service to Oakland
  
During the decade preceding the City's Fiscal Year ("FY") 2013-15 biennial budget, the Council's budget cuts eliminated more than a third of the City Attorney's staff (19 attorneys and 14 support staff). These were actual "bodies" that went out the door, not vacant positions or transfers of employees from the General Purpose Fund to other funds. The City Attorney's Office lost positions every year between FY 2002-03 and FY 2011-12, and gained no new positions in FY 2012-13. As a result, we often had to hire more expensive outside counsel to defend the City when it was sued and to provide legal advice and counsel on the many legal issues and projects the City faces on a daily basis. In numerous reports to the City Council, including our annual reports, we demonstrated that contracting out legal services to more expensive outside attorneys and firms increases the total cost of legal services and reduces the money available for other vital City services such as parks, police, libraries, housing programs, sidewalks and streets.
 
The Council's two-year budget for FY 2013-2015 restored some positions to the City Attorney's Office for the first time since the budget cuts began. In sum, the FY 2013-15 budget authorized the first new staff positions since layoffs began in FY 2002-03.
 
This Office plays an integral but often behind the scenes role in Oakland government: drafting legislation and laws, negotiating deals, advising Mayor Schaaf and other elected officials and fighting for and protecting Oakland's interests and rights both in and out of court. By its nature, much of our work often is not in the public spotlight. Examples are confidential legal advice to the City Administrator, the Council and Mayor and the City's departments, boards and commissions.
 
The restored positions have made it possible for us to begin to expand and strengthen our services to Oakland. They also will save taxpayer dollars because we won't have to rely as much on more expensive and less efficient outside counsel.

In this month's newsletter, I am very pleased to introduce some of the newest members of the City Attorney's Office, and shine a spotlight on the critical work they are doing for the City and our community. A number of these individuals filled vacancies that were created when long-term staff members retired or were recruited to other positions.
 
Introducing:

Maria Bee, Special Counsel
Maria is the former Chief of the Victim Services Division of the San Francisco District Attorney's Office. Prior to working for the DA, she was a Deputy City Attorney in our Office's litigation division. Maria rejoined our Office about a year ago and I recently promoted her to Special Counsel. She is a member of my Executive Team, which oversees all operations of the Office. Among her many hats she handles or oversees high profile and major litigation, including affirmative litigation and innovative and cutting edge matters and other projects.

Clea Bennett, Paralegal
Clea started a full time position in July. Clea graduated from Mills College in 2008 with a degree in Political, Legal and Economic Analysis.  She has assisted both the Litigation and Advisory Divisions in drafting discovery responses, assisting in trials and conducting factual research.  She also has provided assistance to the Neighborhood Law Corps in our recent lawsuits against nuisance motels.
 
 
Colin Bowen, Supervising Deputy City Attorney
Colin is a seasoned trial lawyer with a wealth of experience in civil and criminal litigation, including jury trials, management and other matters. He joined our Office as a supervisor in the Litigation Division in July after serving as outside legal counsel to the Oakland Citizens' Police Review Board (CPRB). Colin was an Alameda County Public Defender for more than 12 years and was a founding partner of the firm Clay & Bowen LLP, a trial practice that focused on felony criminal defense and juvenile matters. Colin's practice at the firm included civil rights litigation, felony cases, complex fraud, homicide and other matters.

Allison Dibley, Deputy City Attorney
Allison has years of experience in the critical area of labor & employment law. She joined the City Attorney's Office this month after working as Senior Counsel at the Ad Astra Law Group. Prior to Ad Astra, Allison worked at the Nossaman firm for four years.  During her tenure with Nossaman and Ad Astra, Allison served as lead outside counsel for the City Attorney's Office on a wide variety of matters including police arbitrations.
 
 
Jerry Ho, Claims Investigator 
Jerry joined our Office in June and is responsible for investigating claims made against the City. Jerry is a Bay Area native who previously managed a variety of investigative activities for Amtrak.  Prior to that that, he managed claims for a major personal line insurer.
 
 
 
 
Michelle Meyers, Deputy City Attorney
Michelle is a highly experienced litigator who joined the City Attorney' Office in June as a member of the Litigation Division. Prior to joining our Office, she was a partner at the firm Burnham Brown, where she handled complex litigation including representation of Fortune 100 companies. Michelle is focusing on representing Oakland's interests and rights in court.

 
 
David Pereda, Supervising Deputy City Attorney
I recently promoted David to the position of Supervising Deputy City Attorney in the Litigation Division. During his tenure in our Office, David has disposed of more than 30 cases on favorable terms, including a defense verdict in a high profile police use of force case (Matthews). He recently won summary judgment in a civil rights case touching on a tension between federal and state law on citizens' arrests, and a demurrer without leave to amend in a high-damages tort case where the plaintiff alleged that OPD officers were negligent while attempting to render aid to a distressed motorist. Prior to joining our Office, David was a litigation/trial attorney at Nixon Peabody LLP.     
 
 
Phyllis Turner, Office Assistant
Phyllis joined our Office in July.  As a contractor for the U.S. Navy, Phyllis has spent the past seven years as an executive assistant focusing on accounts payable and payroll administration; prior to that work, she was self-employed as a realtor and property manager, in addition to running a family owned construction business.   She brings many years of customer service and administrative experience to the City Attorney's Office.
 
 
Selia Warren, Deputy City Attorney
Selia joined our Office in June as a member of the Law & Motion Unit of the Litigation Division.  Selia is a civil litigator with more than eight years of experience working in national law firms such as Morrison Foerster and Pillsbury Winthrop.  She most recently worked at Bryan Cave, where she managed real property disputes and related issues on behalf of mortgage lenders and servicers. 

 
City Attorney, FBI and Oakland Police Target Human and Drug Trafficking at Mills Motel  
 
People of the State of California and City of Oakland v. East Bay Lodging, LLC  Alameda County Superior Court Case No. RG15776025 

A joint operation by the Federal Bureau of Investigation, Oakland Police Department and the Oakland City Attorney's Office has resulted in numerous arrests and a lawsuit against the Mills Motel, a business that has operated as a hub of both human and drug trafficking in the East Oakland neighborhood near Mills College.
 
The operation which included undercover investigations and surveillance has resulted in at least six arrests and warrants for crimes including human trafficking, rape, burglary, forgery and armed robbery, and the recovery of evidence including a kilo of cocaine at the property located at 4550 MacArthur Boulevard in Oakland.
 
The Mills Motel has been a source of gun violence, illegal drug sales, the sexual exploitation of minors and other crimes. Numerous police reports document criminal activity at the property including: domestic violence, rape, prostitution, robbery, burglary, unexplained death and illegal possession of firearms.
 
Police reported that juvenile victims of human trafficking stated that they operated out of the Mills Motel and that the owner and managers knew or should have known of the criminal activities.
 
The law enforcement action by the FBI and Oakland Police Department led the City Attorney to file a lawsuit to shut down the business for one year, the maximum amount of time allowed by state law. In June the City Attorney's Neighborhood Law Corps filed a lawsuit charging the owners of the Mills Motel with maintaining their business as a source of crime including the sexual exploitation of minors. The complaint also seeks penalties and enforcement costs from the owners and managers of the motel.
 
We will continue our pursuit of motels and businesses that benefit from and cater to human trafficking. There are many law abiding hotel owners in Oakland whose businesses benefit our community. Unfortunately, too many hotels and motels rely on drug sales and the sexual exploitation and abuse of girls and women to make a profit. We will not rest until all business that operate as nuisances in our City either clean up their act or shut down. 


Major Cases & Legal Matters 

People of the State of California and City of Oakland v. Empyrean Towers, LLC  Alameda County Superior Court Case No. RG15765195
 
We are pleased to provide an update regarding our complaint against the Empyrean Towers, a residential hotel at 13th and Webster streets where many tenants have complained about deplorable living conditions and illegal evictions.
 
Our Neighborhood Law Corps sued the Empyrean's owners in April for maintaining the property in an uninhabitable condition and for violating Oakland's new Tenant Protection Ordinance. The City also temporarily evacuated the hotel due to contaminated water supply at the property.
 
The good news is that the Court recently granted our motion to appoint a receiver to address the appalling living conditions. The receiver has full control of the property and is working to bring the property into compliance with state and local laws. The LLC that owns the Empyrean has since filed for bankruptcy, and owners are asking the Court to return control of the property to them. However, we are going to court to keep control of the property in the hands of the receiver.  
 
In addition to targeting businesses that cater to human trafficking, the City Attorney's Office will continue to go after landlords who exploit their tenants and violate tenants' rights.

Horace Julian Bond, Champion of Civil and Human Rights
                         
Julian Bond speaking at Kent State in 1971 (NYT)
 
On August 22, 2015 I attended a celebration of the life of civil rights icon Horace Julian Bond (1940 - 2015) at Oakland's Lake Merritt. Mr. Bond's sister, Jane Bond Moore, has lived in the Bay Area for many years. In 1975 she and I met during a Bar review course at Boalt Hall (UC Berkeley School of Law). The service was moving, uplifting and poignant. Many thanks to Jane's daughters (Grace and Constance) and Eva Jefferson Paterson, President and Co-Founder of the Equal Justice Society, for coordinating the celebration. Distinguished speakers Peter Cohen, Howard Moore, Jr., Congresswoman Barbara Lee, Dr. Amos Brown and Jane Bond Moore described their relationships with Julian Bond and his legacy.
 
I urge you to read about the remarkable and extraordinary life of Mr. Bond and his roots. If he had been born later in our nation's history, he could have been president of these United States. Indeed at the 1968 Democratic National Convention, the Democratic Party recognized his special gifts, nominating him as the first African American vice presidential candidate; Mr. Bond withdrew his name because at the tender age of 28 he was too young to meet constitutional requirements. He made his mark on history and his tireless work, his brilliance, charisma and eloquence advanced the cause for justice for African Americans, for an end to our insane military policies such as the Vietnam War, and for human rights, including but not limited to gay and lesbian rights and same-sex marriage.
 
It would take pages to recount Mr. Bond's contributions, commitment and activism. I provide a few highlights here. Mr. Bond was one of the original leaders of the Student Nonviolent Coordinating Committee ("SNCC") while he was a student at Morehouse College in Atlanta, Georgia. He served as SNCC's communications director for five years; in that capacity he skillfully focused the national news media on exposing violence and discrimination against African Americans as SNCC challenged legally segregated public facilities in the South. Mr. Bond was at the helm of the national N.A.A.C.P. as chairman from 1998-2010, and he co-founded the Southern Poverty Law Center and served as its President from 1971 to 1979.
 
Mr. Bond courageously pursued civil rights causes. He was arrested in 1960 for a sit-in at Atlanta City Hall. In the early 1960s, he and several friends had the audacity to sit in the "whites only" section of the Georgia State Assembly and were forced to leave.  Ironically, in 1965, voters elected him to the Georgia State Assembly. His election was possible because of the passage of the 1964 Civil Rights Act and the 1965 Voting Rights Act which opened the doors to previously disenfranchised African Americans. Notably, as a sign of the virulently racist and oppressive times, the Georgia State Assembly refused to seat him claiming his opposition to the Vietnam War demonstrated disloyalty. It took a ruling by the U.S. Supreme Court ordering the State Assembly to seat Mr. Bond; the high court unanimously declared that the Georgia State Assembly had denied his free speech rights and he was seated in 1967. Bond v. Floyd, 385 U.S. 116 (1966). He served for 20 years in the Georgia General Assembly in both the Senate and the House.
 
A renaissance man, Mr. Bond also was a professor at Harvard, Drexel, Williams and the University of Pennsylvania. He was a distinguished scholar in residence at American University in Washington and a professor of history at the University of Virginia. And he was a writer and poet and a respected television commentator and a national newspaper columnist.
 
I am grateful for and owe Mr. Bond a debt of gratitude for his lifelong and stalwart battles that were instrumental in the progress we have made in this country. The baton has been passed by him and many others to us to carry on until we secure justice and equality and a level playing field, a world in which Black Lives Matter (i.e., Black Lives and white lives are equally valued), a time when girls and women are not victimized by sexism and sex discrimination, where gays, lesbians, transgender and bisexual children and adults are not subjected to discrimination, and a world in which poverty is not a crime.  
 

Phone: (510) 238-3601

Email: info@oaklandcityattorney.org

 

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