Legally Speaking With Pamela Price

Pamela Y. Price, Attorney at Law

Category: Justice Reform Page 1 of 5

Alameda County’s 51-50 Crisis

Reversing 51-50 Approaches in Alameda County with Jovanka Beckles, Mental Health Advocate

Alameda County’s 51-50 Crisis has exploded! Did you know that more people suffer from mental health crises in Alameda County than anywhere else in California? According to the State Dept. Of Health Services, Alameda County has the highest rate of involuntary psychiatric holds (51-50) in the entire state. And we are FAILING miserably to respond to people in crisis.

Instead of responding with care or concern, we are putting people in custody in conditions of confinement that violate the U.S. Constitution. Alameda County’s 51-50 crisis is real. The U.S. Dept. of Justice (DOJ) is ready to sue Alameda County to force it to improve its mental health care services. DOJ’s four-year study with a preliminary report in 2017 and follow-up in 2019 is a harsh indictment of our County’s mental health system.

A Mental Health Crisis Should Not Be A Death Sentence

Too often, in Alameda County, a mental health crisis becomes a death sentence. The DOJ found that fourteen (14) people killed themselves in Santa Rita County Jail between 2015 and 2019. That is at a rate twice the national average. Jail staff estimate that about 40% of the people in Santa Rita need mental health treatment. Mental health staff are only allowed to treat people for two (2) hours a day. And the time allotted for each person is limited to 10-15 minutes. Plus, these “confidential” conversations take place where they can be overheard by other prisoners and the jail officers.

The DOJ found that Santa Rita regularly releases mentally ill people without a treatment plan or adequate medication. People leaving Santa Rita “often receive little more than a sheet of paper that lists programs in the community.” Not surprisingly, many of them show up at the John George Psychiatric Pavilion or become homeless. Between 2012-2017, 4,200 people released from Santa Rita ended up at John George within 30 days.

Between 2017-2019, the DOJ found almost 1,600 people were admitted to John George four or more times. Eleven percent (11%) of people discharged from the inpatient unit were readmitted within two weeks. DOJ investigators found many people occupying inpatient beds at John George had been cleared for discharge but had nowhere to go. In 2019, 39% of our unhoused community members reported having a mental health issue.

In 2020, Disability Rights Advocates sued Alameda County for the unnecessary segregation of people with mental health disabilities – especially Black people – in psychiatric institutions and failure to provide services to people with disabilities. Their investigation found that 55% of the people Alameda County psychiatrically institutionalized ten (10) or more times since 2018 are Black. Black men are 30% more likely to end up psychiatrically institutionalized when there is an emergency mental health crisis call compared to others.

A Death Sentence for Christian Madrigal

In the summer of 2019, Jose Jaime and Gabriela Covarrubias called 911 to request a 5150 transfer to a psychiatric facility to help their son Christian Madrigal. They called 911 as instructed by a Santa Clara Psychiatric clinic. Christian was only 20 years old and appeared to be having a psychotic break. The Fremont police were supposed to escort Christian back to the clinic. Instead, Christian was put into a WRAP device (a binding that covers the legs and torso) and taken to Santa Rita. There, Christian was chained to a door in his cell and left alone. As the deputies joked about his mental crisis, Christian used the chains provided to him by the deputies to hang himself. 

Christian’s family had to wait almost a year before the Sheriff’s office took any action against the supervisor. Instead of firing the supervisor, the he was able to retire with a full pension. In October 2020, the County agreed to pay Jose and Gabriela $5 million for the death of their son. Alameda District Attorney O’Malley did not investigate Christian’s death or file any charges. Jose and Gabriela just wanted answers. They were left in the dark for so long as to what really happened. O’Malley has not responded to their requests for information. Jose and Gabriela have endorsed me in the race for Alameda County District Attorney.

The Circle of the Crisis

Alameda County’s 51-50 crisis often starts and ends on the street. Even before the involuntary psychiatric hold (51-50) starts, police officers are forced to respond. They are ill-equipped to respond, resulting in the unnecessary use of force with tragic consequences. Across the County, heartbreaking stories of the death of a loved one cry out for change in our criminal justice system.

In July 2013, Hernan Jaramillo was having a mental health crisis and begged Oakland police officers for his life. Video footage was not released by police until 2 years after his death. It shows Mr. Jaramillo pinned to the ground by OPD officers who ignored his cries of “I can’t breathe.” That same cry was heard around the world on May 25, 2020, and the murder of George Floyd under similar circumstances galvanized the fight for racial justice. DA O’Malley’s office reviewed OPD’s investigation and concluded that no officer should be charged with anything.

In August 2018, Jacob Bauer was having a mental health crisis. His parents had contacted the Pleasanton police multiple times before the incident to warn them of Jacob’s mental illness and plead for care and mercy if police encountered him. As many as eight (8) police officers violently restrained Jacob. They tasered him and pinned him to the ground by kneeling on his body while he cried out in pain, saying “I can’t breathe.” Within minutes Jacob lay unconscious as an officer struck him in the legs with his baton and then stomped on Jacob’s chest three times. Paramedics who arrived on scene were at first denied access to the unconscious Jacob by Pleasanton police officers. DA O’Malley cleared all of the officers of any wrongdoing. Jacob Bauer’s parents have also endorsed me in the race for Alameda County District Attorney.

In April 2020, San Leandro police shot and killed Steven Taylor in a Walmart store on a Saturday afternoon. Steven Taylor was allegedly mentally ill, with a diagnosis of schizophrenia and bipolar disorder. He appears to be in a mental health crisis when 2 San Leandro police officers approach him. He refused to put down a bat and pulled away as the officers tased him. They then shot and killed him in front of dozens of shoppers. The video shows that an officer actually tased Steven Taylor as he lay on the floor bleeding to death. Only one officer has been charged by DA O’Malley, her first ever prosecution of a police officer for an in-custody death.

Reversing Approaches to Alameda County’s 51-50 Crisis

In May 2020, I introduced a resolution at the Alameda County Democratic Party Central Committee to call for an independent investigation into Steven Taylor’s murder. The resolution called upon the California Attorney General to “investigate, manage, prosecute or inquire about any incidents of use of deadly force by law enforcement officers to ensure that the laws of the State are being adequately enforced and in particular, to ensure compliance with AB392 codified as Penal Code Section 835a.” It passed unanimously, but then-Attorney General Xavier Becerra denied the request.

AB392, however, changes the standard for the use of force by police in California. Now, when we talk about “a reasonable police officer” we get to question that force is the first policeman’s first response to every situation. Additionally, AB1506, California’s Deadly Force Accountability Act, now requires the Attorney General to investigate all police shootings that result in the death of an unarmed civilian and issue a public report of the investigation. The law also requires the Attorney General to establish a unit by 2023 that will review police departments’ use of force policies upon request.

As the next Alameda County District Attorney, my job will include holding every police department in the County accountable under the new standards of conduct. I will also work to ensure that every police department, including the Alameda County Sheriff’s Office, is committed to care and concern for those suffering from mental illness and/or addiction. I commit to advocate for the expansion of community-based mental health services with the Board of Supervisors and every decision-maker in our criminal justice system. Our County deserves nothing less and nothing else.

To join the conversation for new approaches to solve Alameda County’s 51-50 Crisis, join me and Hon. Jovanka Beckles on Saturday, May 15th from 3-5 pm. RSVP at https://www.pamelaprice4da.com/mental_health.

O’Malley Strikes Back

Alameda County Court House
Alameda County Court House

In the midst of a pandemic, Alameda County District Attorney Nancy O’Malley “strikes back” against charges that her office has a “troubling and extensive pattern of misconduct.”

In a commendable act of bravery, the public defender’s office took a public stance against the years of misconduct they have witnessed in DA Nancy O’Malley’s office. Their motion to disqualify the entire office from a case states that O’Malley “ignores misconduct in the ranks and in fact covers up that misconduct and, frankly rewards it.  . . .  Over the past decade, there has been a well-documented pattern of misconduct by some attorneys in the Alameda County District Attorney’s Office that has gone uncorrected and unpunished.”

This public condemnation is unprecedented and quite courageous because of the strong possibility that the DA would retaliate. And retaliate she did.  Instead of addressing the issue head-on with transparency, DA O’Malley retaliated by instituting a blanket gag order on all her deputies. She prohibited her deputies from having any informal negotiations with the public defenders.

The people caught in the middle are the residents of Alameda County whose cases will now be delayed. Unfortunately, rewarding and promoting problematic deputies shows the people of Alameda County that O’Malley lacks the compassion and integrity needed to create a safer and more just system of justice. 

Lawyer A in the Motion

Ironically, the deputy DA whose misconduct triggered the motion is one of O’Malley top deputies. He is referred to as “Lawyer A” in the motion. In May 2018, on the eve of the 2018 primary election, Lawyer A (DDA “Butch” Ford) widely circulated a text message. He called me “a threat to community safety” who “must be stopped.” In 2019, DDA Ford received the California District Attorneys Association (CDAA) Prosecutor of the Year Award. O’Malley was the President of the CDAA in 2019. She has since been implicated in the $3 million CDAA scandal of mismanaged funds.

The public defender’s motion alleges multiple cases involving alleged misconduct by DDA Ford. Then, there’s the case where DDA Ford asked for and received an 84-year to life sentence for a 15-year-old boy convicted of murder. In 2016, the sentence was overturned as excessive and unconstitutional. That case always bothers me a lot, especially for the hurt that all the families in that case suffered.

A Call to Action

In a related recent development, a 2-year study funded by the ACLU and the Urban Peace Movement found that policies and practices of the District Attorney’s Office, under the leadership of DA O’Malley, led to overcriminalization, needlessly cost the County money and promoted mass incarceration, and had a devastating impact on Black and Brown communities. We should not be surprised if DA O’Malley strikes back against this devastating report.

Both the public defenders’ motion and the ACLU report are a call-to-action to all who believe in freedom, justice and equality. Now is the time for a change. Now is the time to join the fight to restore public trust in our justice system. Please join us by making a contribution to our campaign today. Every dollar helps! Thank you.

#NoMoreDoubleStandard #AlamedaDA22 #JusticeDoneRight #JusticewithCompassion #StepForward2022

The CDAA Scandal

California District Attorneys Association, Sacramento California Office
California District Attorneys Association, Sacramento Office

This year, the California District Attorneys Association (CDAA) scandal has been under media scrutiny for shady budget dealings under the leadership of Alameda County’s own DA – Nancy O’Malley.

O’Malley was the most recent past president and had leadership roles in the CDAA for the last decade. Recent news reports from the San Francisco Chronicle and Davis Vanguard have shown that the CDAA mismanaged more than 3 million dollars. The CDAA improperly shifted the money toward lobbying and advocacy efforts against progressive criminal justice reforms. The intended purpose was upholding environmental and workplace safety protections. 

The Sierra Club California, NextGen California, and the California League of Conservation Voters (to just name a few) have called the CDAA’s actions a “dereliction of public duty.” San Joaquin District Attorney Tori Salazer has called upon the entire CDAA Board – including DA O’Malley – to resign immediately. The California Attorney General is investigating, based in part on the request of the new executive leader of the CDAA.

This mismanagement hurts smaller and rural counties, where DA’s lack the resources to take on large corporations. In the wake of the CDAA scandal, there are state-wide calls from organizations and leaders to have Counties sever ties with the CDAA. 

The CDAA’s Problematic Record

The work of the CDAA has been troubling for at least a decade. As the State has been passing sweeping reforms in criminal justice through legislation, the CDAA has worked behind the scenes to fight reforms and instead, used its budget to push for harsher crime laws.

The CDAA actively worked to oppose needed modifications to three strikes laws. They poured money and muscle in the election to stop Prop 47 in 2014 which reduced penalties for most drug possession cases and low-level thefts. In 2016, they opposed Prop 57 which shortened prison time for nonviolent offenders and restricted the prosecution of juveniles as adults.

As reported in 2020 in the San Francisco Chronicle, San Francisco County DA Chesa Boudin said:

“Law enforcement organizations have been advocating for policies and guided by philosophies that really haven’t changed in 40 years. They don’t rely on data or empirical evidence about what makes us safer.”

In fact, under DA O’Malley’s leadership – for the first time in CDAA’s history – a central California County DA withdrew from the association and called out the organization for working against statewide criminal justice reforms. Last month, in an op-ed in the Orange County Register, bar leaders penned an article titled – “It’s time for the DA associations to stop standing in the way of reform.” 

A Commitment to Change

Even before the CDAA scandal broke, four sitting DA’s created a new prosecutor’s association in California to counter the more conservative values of the CDAA. They join progressive prosecutors across the country who have separated themselves from the oppressive policies of the past. National organizations such as Fair and Just Prosecution are training new prosecutors and providing them with the tools to address the harms of past practices. 

And in a plea for sweeping reforms, Congresswoman Cori Bush (D. Mo.) has been asking voters across the country to bring change to their community by electing new DAs who uphold the values of equity and reform. 

I stand ready to uphold the values of equity, reform and compassion. These values have been missing from the Alameda County criminal justice system for more than a decade. I stand for embracing the reforms that Alameda County voters and the State legislature have passed over the last ten years. As a civil rights lawyer for 30 years in this community, I understand the imperative of constitutional policing and prosecutorial independence.

When elected to be the District Attorney of Alameda County in June 2022, I commit to take aggressive steps to restore public trust in our criminal justice system, ensure public safety, end mass incarceration and root out racial, socioeconomic and gender disparities within Alameda County’s criminal justice system. We deserve nothing less than that kind of leadership. Please go to pamelaprice4da.com to check out my full platform and make a donation.

Oath Keepers In Alameda County

Oath Keepers Booth at Urban Shield Event in Castro Valley, 2017
Oath Keepers Booth at 2017 Urban Shield event- Credits: Courtesy of CBS SF Bay Area

On January 6, 2021, everyday white citizens tried to overthrow the government. They were led by white supremacist organizations well-known to our government. One of those groups is the Oath Keepers, a right-wing extremist group that operates in Alameda County.

In Alameda County there are rumors that our Sheriff Greg Ahern is a member of the Oath Keepers. Suspicions are that, even if Sheriff Ahern is not a member, he embraces their beliefs. In 2017, the Oath Keepers had a booth at the Alameda County Sheriff’s Office’s Urban Shield training program. The booth shown above was at a church in Castro Valley. The Sheriff’s Department is the only law enforcement agency for Castro Valley.

The Oath Keepers have long claimed to be composed of current and former police, military and first-responders. As the national news has reported all week, the group targets law enforcement for recruitment. The group was formed in 2009 in direct response to the election of America’s first Black president. They are largely responsible for the violent attack on the Capitol building on January 6, 2021.

The NAACP and Mississippi Congressman Bennie Thompson have sued the Oath Keepers for the January 6th insurrection pointing out that “the coup attempt was a coordinated, months-long attempt to destroy democracy, to block the results of a fair and democratic election, and to disenfranchise millions of ballots that were legally cast by African-American voters.”

The Southern Poverty Law Center has long classified the Oath Keepers as an extremist anti-government group. The group is well known for attending Black Lives Matter protests heavily armed. They became famous when they showed up in Ferguson Missouri to intimidate protestors following Michael Brown’s murder.

The Santa Rita Jail

Given the Oath Keepers’ unholy infiltration of local law enforcement, it is not surprising that Alameda County has problems in Santa Rita Jail. Sheriff Greg Ahern runs the jail. Our jail is located in Dublin, the home of Alameda County Supervisor David Haubert, a known supporter of the Oath Keepers. The jail is known nationally for human rights abuses and racism.

Black and Brown people are the overwhelming majority of people held at the jail. In 2018, Black people were incarcerated in Santa Rita at a rate of 946 per 100,000 residents compared to 115 per 100,000 residents for whites. In 2018, more than 83% of the people incarcerated at Santa Rita had not been sentenced for a crime.

Since 2014, an estimated 42 people have died at the hands of police at Santa Rita jail. In 2017, a woman gave birth in an isolation cell without any medical assistance or help. Sheriffs deputies reportedly ignored her screams. When addicts are arrested, the jail does not always provide medical treatment or services. Instead, the deputies leave addicts to suffer with withdrawal symptoms by themselves. In 2019, inmates staged a hunger strike to protest their inhumane conditions at the jail.

Still, Sheriff Ahern, a Republican, continues to enjoy the support of the all-Democratic elected Board of Supervisors.

JoAnn Walker Is The Change

In 2022, for the first time since 1986, Alameda County will have a choice of who to elect to be the Sheriff. In January 2021, I joined JoAnn Walker who is a candidate for Alameda County Sheriff on our criminal justice reform slate.

JoAnn Walker is a 25-year police officer, an educator, a graduate of CalState Hayward and a Master Post-certified Instructor. Walker is well versed in issues of mental and emotional health, suicide and domestic violence. Because Walker is a Black female resident of Alameda County for more than 40 years, she is sensitive to the issues of race and gender discrimination that have characterized the Alameda County justice system.

JoAnn Walker knows that jails should not be used to fill the need for drug rehabilitation services, housing and mental health services. JoAnn Walker believes that we cannot continue to have a “double standard” for residents and law enforcement officers. I believe that JoAnn Walker will bring leadership with integrity to the Alameda County Sheriff’s Department.

Let’s hope we take our best shot in June 2022. Please check out walker4sheriff.com. And then act accordingly.

Meet David Haubert

Former Dublin Mayor David Haubert  sits now on the Alameda County Board of Supervisors
Former Dublin Mayor David Haubert sits now on the Alameda County Board of Supervisors

If you live in Alameda County, meet David Haubert. He was elected to the Alameda County Board of Supervisors in 2020.

In what claims to be one of the most “woke” counties in America, we just elected a right-wing Republican to make consequential decisions about our lives. While we pride ourselves on our diversity, David Haubert believes that “Dreamers” should be deported.

In the County where the Black Lives Matter movement was birthed, David Haubert has embraced, and been embraced by the Oath Keepers, a gun-carrying fiercely anti-government, right-wing, militaristic group. The Oath Keepers are a far-right militia like the Proud Boys. These are “his people.”

Just like Donald Trump, David Haubert says he didn’t know who the Oath Keepers were when he attended their meeting as the guest speaker. I’m sure he thought they were “very fine people.” The white supremacist group was formed in 2009 in direct response to the election of the nation’s first Black president. 

In a County where women show up in droves at the annual Women’s March, Haubert is opposed to abortion. More importantly, he has pledged that as County Supervisor, he would seek to limit abortion-related county programs.

Democrats Elected Haubert

This right-wing Republican was elected to our Board of Supervisors with the support of many popularly-elected “democrats” in name only. Our County Central Committee fumbled the ball and then straight dropped it. We endorsed Vinnie Bacon, the progressive Clean Money candidate, and then did little to help out.

Haubert outspent and out-smeared Vinnie. His campaign was funded by major developers, contractors, landlords, property managers, oil industry sources and the Deputy Sheriffs Association of Alameda County. Fellow Supervisor Nate Miley campaigned hard for Haubert against the Democratic Party’s endorsed candidate. Our Democratic Party Central Committee ignored Vinnie’s campaign’s pleas for assistance and simply watched him be defeated. This race was the most consequential race for Alameda County in 2020.

David Haubert is relatively young and our Board of Supervisors does not have any term limits. David Haubert could be with us for a very long time.

Prosecute Anthony Pirone

Bart Officer Anthony Pirone, holding Oscar Grant’s head down with his left hand,
with his left knee on Grant’s neck, moments before Oscar was shot in the back

In February 2011, Attorney John Burris called me and asked me to help him with a police misconduct case. It was the Oscar Grant case. There were 4 motions to dismiss the case filed by Bart and the numerous officers that John’s firm had sued. My firm’s assignment was to oppose the motion to dismiss Anthony Pirone. We did so successfully and kept him in the case.

Anthony Pirone was one of the first officers to arrive on the Bart platform in response to a call. Pirone immediately focused on Oscar and his friends, racially profiled them, punched and kneed Oscar repeatedly, and finally jumped down on Oscar with his full, 250-pound body weight, pushing Oscar face-down onto the concrete platform and pressing his knee on Oscar’s neck; all the while taunting Oscar by calling him a “nigger” and a “bitch-ass nigger.”

Anthony Pirone committed a hate crime against Oscar Grant. He is the one who literally set into motion the action that caused Johannes Mehserle to kill Oscar Grant. Yet, then District Attorney Tom Orloff made a decision not to charge Anthony Pirone with anything. Bart fired Pirone but he walked away a free man. 

Everyone who saw the videotapes of the events on that Bart platform knew what Pirone did. Everyone included me, my staff, the judge and all of the lawyers involved, including then Chief Assistant District Attorney Nancy O’Malley. The civil lawyers were subject to a protective order in 2009 (meaning we could not talk publicly about everything we saw and knew) but DA Nancy O’Malley was not.

DA Nancy O’Malley knew in 2009 that Anthony Pirone was a liar. When she became the DA in September 2009, she did not re-open the case. Instead, she chose to turn a blind eye to Pirone’s racist torture of Oscar Grant because Oscar Grant was just another Black kid whose life did not matter. 

Just like Jody Woodfox’s life did not matter. Jody Woodfox was shot in the back by an OPD officer in July 2008, and O’Malley’s office covered up the murder for 12 years. Just like Alan Blueford and Kayla Moore and so many others, including brown, white and indigenous people like Andrew Moppin, James Greer, Joshua Pawlik, Jacob Bauer and Elena Mondragon. 

The family of Oscar Grant and our community are calling on O’Malley now to charge Anthony Pirone with felony-murder. This is the same rule applied to thousands of Black and Brown residents of Alameda County to coerce unfair plea bargains. The same rule used to incarcerate people for decades whose punishment did not come close to the crime. O’Malley has discretion but it should not be used unfairly or applied unequally. Simple Justice. That is all the family is asking for. 

Please support this demand for fair justice! Please sign the Petition and spread the word! 

TELL DA NANCY O’MALLEY TO CHARGE ANTHONY PIRONE WITH THE FELONY MURDER OF OSCAR GRANT III

California State Propositions-November 2020

2020 California Ballot Measures Personified by Alfred Twu
Credit: Alfred Twu

On November 3, 2020, California State Propositions will be decided by voters. Here are Pamela’s Recommendations for the California State Propositions-November 2020. It covers Propositions 14 to 25 with brief summaries and recommendations on how to vote.

Prop. 14: Stem Cell Research Institute Bond Initiative – PYP SAYS YES

A “yes” vote supports issuing $5.5 billion general obligation bonds for the state’s stem cell research institute and making changes to the institute’s governance structure and programs.
A “no” vote opposes issuing $5.5 billion general obligation bonds for the state’s stem cell research institute, which ran out funds derived from Proposition 71 (2004) for new projects in 2019.

Prop 15: Schools and Communities First, Reform Prop 13 – PYP SAYS YES

Prop 15 is a tax reform measure to create a split roll property tax system and spend the revenue increase on education and other public services.

  1. Close property tax loopholes benefiting wealthy corporations.
  2. Cut small business taxes.
  3. Reclaim billions every year to invest in our schools and local communities.
  4. Exempt homeowners, renters, small businesses and agricultural land so they continue to be protected by Prop 13.
  5. Prioritize transparency and accountability by requiring public disclosure of all new revenues and how they are spent.
    Advocates estimate that Alameda County will receive almost $197,000 million in revenue.

Prop 16: Repeal Prop 209, Bring Back Affirmative Action – PYP SAYS YES

Voting “Yes” on Proposition 16 would reverse the ban on equal opportunity policies like affirmative action so that elected leaders can design programs that provide good jobs, better wages, and access to great schools for all Californians.

Prop 17: Allow Parolees to Vote – PYP SAYS YES

Prop 17 will amend the California Constitution so that Californians who have completed their prison term can fully participate in our democracy by restoring their right to vote.

Prop 18: Allow 17-Year-Olds to Vote in Primaries – PYP SAYS YES

Proposition 18 will allow Californians who will be 18 by the time of the general election to vote in the primary election. Voting Yes on 18 allows first-time voters to participate in the full election cycle, and builds a lifelong habit of civic participation.

Prop. 19: Property Tax Transfers, Exemptions and Revenue for Wildfire Agencies and Counties – PYP SAYS NO

California’s Proposition 19 would make various changes to rules that allow Californians who are disabled or older than age 55 to transfer below-market property tax assessments when moving to a new home. These lower assessments could no longer be transferred to heirs once the property owner dies, in many cases. But, while the taxpayer is alive, it would make transferring below market assessments easier by eliminating certain exceptions in current law.

Black and Brown communities are often adversely impacted by generational poverty and face particular challenges to accumulate wealth in America, due to systemic racism and segregation in housing. Proposition 19 may increase the challenges to transferring home ownership to the next generation while maintaining the structural advantages that white Americans enjoy.

Prop 20: Tough on Crime Measure – PYP SAYS NO

Proposition 20 is a “law and order” measure to reverse the criminal justice reforms enacted by AB 109 (2011), Proposition 47 (2014), and Proposition 57 (2016). These three criminal justice reform measures reduced the state’s prison population.
A “yes” vote will create more felonies for which early parole is restricted; recategorize certain types of theft and fraud crimes as wobblers (chargeable as misdemeanors or felonies); and require DNA collection for certain misdemeanors. A “no” vote rejects this attempt to expand incarceration and revive punitive justice in California.

Prop 21: Expand Rent Control – PYP SAYS YES

Proposition 21 will allow for the expansion of rent control throughout California. It will give local governments the power to implement tenant-friendly protections that limit annual rent increases, prevent displacement, and make living in California more affordable for all residents.

Prop 22: Attack by Uber and Lyft on Labor Rights – PYP SAYS NO

Proposition 22 would consider app-based drivers to be independent contractors and not employees or agents. It only applies to app-based drivers for Uber, Lyft and DoorDash. If drivers are considered employees, they are entitled to the protections of minimum wage and benefit laws and workers’ compensation for injuries.

Voting “yes” on this initiative will Uber and Lyft to buy their way out of the law. Other business owners would continue to be subject to Assembly Bill 5 (AB 5). AB 5 was signed into law in September 2019. It makes many people employees who were considered independent contractors before the law changed. The change in the law has had a devastating impact on small businesses, particularly minority and women-owned businesses. Proposition 22 does not help us.

Prop 23: Dialysis Clinic Safety Measure – PYP SAYS YES

The measure addresses much needed safety improvements for patients received dialysis services. A “yes” vote supports this ballot initiative to require chronic dialysis clinics to:

  • have an on-site physician while patients are being treated;
  • report data on dialysis-related infections;
  • obtain consent from the state health department before closing a clinic; and
  • not discriminate against patients based on the source of payment for care.

Proposition 24: Consumer Personal Information Law and Agency Initiative – PYP SAYS YES

A “yes” vote will expand the state’s consumer data privacy laws. It includes provisions to allow consumers to direct businesses to not share their personal information; removes the time period in which businesses can fix violations before being penalized; and create the Privacy Protection Agency to enforce the state’s consumer data privacy laws.

Prop 25: Eliminate Cash Bail – PYP SAYS NO

Proposition 25 is opposed by a broad coalition of criminal justice reform advocates, including Justice LA and Human Rights Watch.

A “yes” vote upholds Senate Bill 10 (SB 10), which replaces cash bail with risk assessments for detained suspects awaiting trials. A “no” vote will repeal SB 10. SB10 was passed into law in 2018 after its backers sold it as the replacement for money bail.

In fact, SB10 was a backroom deal between legislators, judges, and law enforcement unions. While SB10 ends the use of money bail, it allows judges to order “preventive detention” with no avenue for release. The law lacks meaningful due process constraints and uses criteria so subjective that judges can choose incarceration in nearly every felony case (“the Black box”). It gives more power to judges and money to probation departments, without ensuring any reduction in the number of pretrial detainees. Many people will still be incarcerated before their cases are even decided.

Remember: if you vote by mail, sign your ballot envelope!

Emergency Release for Immigrant Detainees

Resolution Calling on Governor Newsom to Exercise Emergency Powers to Release Immigrants Detained in California Detention Centers

WHEREAS, While COVID-19 has already caused significant harm to those living freely in our society, it poses a more severe threat to those who are locked in institutional facilities like immigration prisons and detention centers, where close quarters, lack of resources for basic hygiene, and limited access to health services become breeding grounds for communicable disease that can result in innumerable deaths; and

WHEREAS, During a state of emergency, Governors are empowered to take drastic measures to protect the lives of people in their states, such as seizing control from private hospitals and releasing incarcerated individuals from crowded jails, and just as Governor Newsom has applied his broad emergency powers to impose a shelter-in-place order and close down schools and businesses, he can do so to close immigrant detention centers, many of which are private facilities as well as municipal and county run jails; and

WHEREAS, It is urgent that we protect our most vulnerable neighbors who are trapped in overcrowded detention centers that could become sites of major outbreak and death if we fail to act, and most of the people held by ICE, including very young children, have homes to go to or can access support from the hundreds of community organizations willing to help provide housing;

NOW, THEREFORE, BE IT RESOLVED, That the Alameda County Democratic Party urges Governor Newsom to use his emergency powers to release all immigrants currently detained in California immigrant detention centers in the interest of public health;

BE IT FURTHER RESOLVED, That the Alameda County Democratic Party also urges Governor Newsom to suspend the transfer of individuals from California state custody to Immigration and Customs Enforcement, and halt the expansion of immigrant detention facilities.

Sponsored by: Paola Laverde (AD 15), Bobbi Lopez (AD 15) and Igor Tregub (AD 15)

No Police In Schools

Alameda County Central Committee Resolution Supporting Removal Of Police Officers From School Sites

WHEREAS, public concerns have been raised across our County that the presence of local police officers in our schools is an inappropriate use of public resources which results in over-criminalization of young people and the prevalence and impact of inequitable and inappropriate use of force by law enforcement giving rise to deaths, injuries, trauma, and stress that disproportionately affects marginalized populations is a critical public health issue,

WHEREAS, in Alameda County in 2018, even though Black children were only 10% and Latino/a/x children were only 32% of the youth in Alameda County, Black children were more than 60% and Latino/a/x children were almost 26% of all felony juvenile arrests (a total of 86%), and this racial disparity in juvenile felony arrests in our County is a symptom of the systemic racism that infects our criminal justice system,

WHEREAS, the Alameda County Democratic Party Central Committee recognizes that removing police officers from school sites in our County is an important step in disrupting the school to prison pipeline and the systemic racism which undermines educational opportunities for Black and Brown children and a necessary step to improve public safety, public health and public trust in our County,

NOW, THEREFORE, BE IT RESOLVED That the Alameda County Democratic Party Central Committee supports demands by our youth that every school district take immediate steps to remove police officers from school sites and redirect potential cost savings to agencies that are responsible for the health and well-being of families in need, and promote policies that provide mental health services, domestic violence prevention, marriage/domestic partner counseling, gang prevention, anti-bullying programs, substance abuse prevention, parenting skills that include alternatives to physical punishment, and other social services without regard to the gender of the parent;

IT IS FURTHER RESOLVED That the Alameda County Democratic Party Central Committee directs the Chairwoman of our Central Committee to promptly send an official copy of this resolution to the Superintendent, President and Clerk of every school district in Alameda County, the Superintendent, President and Clerk of the Alameda County Board of Education, the President of the California Board of Education and every ex-officio member of this Committee, including the California State Superintendent of Education.

POA Money Banned In Alameda County

Resolution Urging that Alameda County Democrats Refuse Donations from the Alameda County Sheriff and Peace Officer, Deputy Sheriff, and Correctional Officer Associations

WHEREAS, though there are many good officers and prison guards who serve with courage and honor, law enforcement in Alameda County as a whole has a history of racial profiling, discrimination, and violence against Black, Latinx, AAPI, Native American and other communities; and racially biased, militarized policing has been used as a tool nearly 200 years;

WHEREAS, Alameda County’s residents have struggled for decades to ensure that Alameda County law enforcement departments and officers are held accountable to all communities they serve by advocating for reasonable measures such as the community-led Independent Commission on Police Practices to promote responsible, accountable policing and address disparities in policing practices of stops, arrests and use of force, and there has been systemic racism throughout law enforcement, and the law enforcement system is closed, sheltered from public scrutiny and accountability, protected through state law, and in desperate need of reform; and

WHEREAS, the Peace Officer, Deputy Sheriff, and Correctional Officer Associations and the Alameda County Sheriff have been major obstacles to such accountability; and

NOW, THEREFORE, BE IT RESOLVED that the Alameda County Democratic Party shall refuse all contributions from the Alameda County Sheriff and Peace Officer, Deputy Sheriff, and Correctional Officer Associations (defined for the purposes of this resolution as those exclusively representing law enforcement and not general unions that may have a small percentage of law enforcement members) and requests that all Alameda County Democratic elected officials refuse such contributions as well and reject the endorsement of such associations;

BE IT FURTHER RESOLVED that the Alameda County Democratic Party urges that any candidate, including elected officials running for a new or the same office, who has taken money from the Alameda County Sheriff and Peace Officer, Deputy Sheriff, and Correctional Officer Associations since 2018 donates said funds to community organizations that work in Alameda County on issues such as racial justice, criminal justice reform, re-entry services or the empowerment of the Black community, indigenous community and other communities of color, provide a written acknowledgement of this contribution to the Committee at the time that he or she requests our endorsement and pledges not to take any such contributions in the future.

Respectfully Submitted, Soli Alpert (AD15), Andy Kelley (AD15), Paola Laverde (AD15), Bobbi Lopez (AD15), Barisha Spriggs (AD20), Igor Tregub (AD15), Alfred Twu (AD15), Mark Williams (AD20), Pamela Price (AD18)

Page 1 of 5

Powered by WordPress & Theme by Anders Norén