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Oakland Police Out Tax-Funded Strike
By CHRISS STREET The Oakland Police Officers’ Association just sent an “Open Letter to the Citizens of Oakland” exposing what appears to be a corrupt effort by the mayor’s office of the City of Oakland to direct public employees to support the Occupy Oakland “Stop Work” general strike on Wednesday, Nov. 2. But in the State of California, giving public employees free time off is the crime of the “theft of time.“ Furthermore, the mayor and staff who planned or facilitated this action would also be personally liable to financially reimburse the city for “improper use of city time.” On Tuesday, Oct. 25, Mayor Jean Quan ordered the Oakland Police Department to “clear out” the Occupy Oakland encampments at Frank Ogawa Plaza and to keep protesters out of the Plaza in downtown Oakland. As the police sought to clear the area, the protestors counter-attacked and a major riot broke out, with 100 protestors being arrested. Tragically, a 24-year-old Iraq War veteran and former U.S. Marine, Scott Olsen, suffered a near fatal skull fracture when he was hit in the head with a tear gas canister during the melee. On Oct. 27, Mayor Quan said in a public statement delivered from her office and posted as a videotape online, “I am deeply saddened about the outcome on Tuesday.” With the sound of shouting protesters rallying outside City Hall on the background of the video, Mayor Quan said, “Ultimately, it was my responsibility, and I apologize for what happened…. We can change America, but we must unite and not divide our city. I hope we can work together.” The Oakland Police letter detailed the mayor’s real idea of working together with the protestors, “We performed the job that the Mayor’s Administration asked us to do, being fully aware that past protests in Oakland have resulted in rioting, violence and destruction of property. Then, on Wednesday, October 26th, the Mayor allowed protesters back in — to camp out at the very place they were evacuated from the day before.” Employees’ Paid Day Off to ProtestThis could be seen as the usual response of a police protective league unhappy about the failure of their mayor to take responsibility for her action. But the letter goes on to make the blockbuster disclosure that Mayor Quan’s administration is supporting the Occupy Oakland’s call for a general strike on November 2 by giving all the city’s employees, except the police, the day off: “To add to the confusion, the Administration issued a memo on Friday, October 28th to all City workers in support of the strike scheduled for Wednesday, giving all employees, except for police officers, permission to take the day off. “That’s hundreds of City workers encouraged to take off work to participate in the protest against ‘the establishment’.” With the general strike expected to turn violent on Nov. 2, the police officers state they understand the mayor encouraged city employees to join the protest and confront the police: “But aren’t the Mayor and her Administration part of the establishment they are paying City employees to protest? Is it the City’s intention to have City employees on both sides of a skirmish line?” The Oakland Police Officers’ Association understands that, under California Civil Code, it is illegal for any public employee manager to give a worker free time off. Such action is deemed the “theft of time.” Last week, a Superior Court Judge in San Diego ruled in favor of a lawsuit by Mel Shapiro, a San Diego civic activist, that the city must release records regarding his “substantiated cases of waste and abuse,” including employees’ “improper use of city time.” According to public records, the City of Oakland has 688 general employees and “one-third of the city’s workforce earned more than $100,000” per year. It appears that the cost to Oakland taxpayers for the mayor’s free day for employees to join the protest will cost the city $277,846.15. Given that California statutes designate felony theft at $400 and felony grand theft at $950, the Oakland Police Officers’ Association letter means that Mayor Quan is in for big trouble. ———————————– Update: References in California LawArticle XVI, Section 6 California Constitution prohibits the gift of public funds (see longer quote below). The 424 Section 1 of the California Penal Code makes such action a crime for person: “Without authority of law, to appropriate the same or any portion thereof, to his own use, or the use of another”.
Here are more references: Government Code 3201- 3209 (Political activities of public employees) Government Code 8314 (Prohibits use of state resources for campaign or private activities not authorized by law) Government Code 54964 (Use of local agency funds to support/oppose candidates or ballot measures) Penal Code 146 (b) (Feigned authority for soliciting money or signatures) Penal Code 424 (Embezzlement, falsification of accounts by public officers) Business and Professions Code 17533.6 (Using Official Stationery) Education Code 7054 (Use of district property) Education Code 7056 (Soliciting or receiving political funds) Also see People v. Suitt (1979) 90 Cal. App. 3d 125 (1979); League of Women Voters v. Countywide Criminal Justice Coordination Committee 203 Cal. App. 3d 529 (1988) [Even if expenditure by a government agency is not permitted by law, if it is made it may still be a contribution under the Political Reform Act] Article XVI, Section 6 California Constitution (Prohibits gift of public funds) SEC. 6. The Legislature shall have no power to give or to lend, or to authorize the giving or lending, of the credit of the State, or of any county, city and county, city, township or other political corporation or subdivision of the State now existing, or that may be hereafter established, in aid of or to any person, association, or corporation, whether municipal or otherwise, or to pledge the credit thereof, in any manner whatever, for the payment of the liabilities of any individual, association, municipal or other corporation whatever; nor shall it have power to make any gift or authorize the making of any gift, of any public money or thing of value to any individual, municipal or other corporation whatever; provided, that nothing in this section shall prevent the Legislature granting aid pursuant to Section 3 of Article XVI; and it shall not have power to authorize the State, or any political subdivision thereof, to subscribe for stock, or to become a stockholder in any corporation whatever; provided, further, that irrigation districts for the purpose of acquiring the control of any entire international water system necessary for its use and purposes, a part of which is situated in the United States, and a part thereof in a foreign country, may in the manner authorized by law, acquire the stock of any foreign corporation which is the owner of, or which holds the title to the part of such system situated in a foreign country; provided, further, that irrigation districts for the purpose of acquiring water and water rights and other property necessary for their uses and purposes, may acquire and hold the stock of corporations, domestic or foreign, owning waters, water rights, canals, waterworks, franchises or concessions subject to the same obligations and liabilities as are imposed by law upon all other stockholders in such corporation; and Provided, further, that this section shall not prohibit any county, city and county, city, township, or other political corporation or subdivision of the State from joining with other such agencies in providing for the payment of workers’ compensation, unemployment compensation, tort liability, or public liability losses incurred by such agencies, by entry into an insurance pooling arrangement under a joint exercise of powers agreement, or by membership in such publicly-owned nonprofit corporation or other public agency as may be authorized by the Legislature; and Provided, further, that nothing contained in this Constitution shall prohibit the use of state money or credit, in aiding veterans who served in the military or naval service of the United States during the time of war, in the acquisition of, or payments for, (1) farms or homes, or in projects of land settlement or in the development of such farms or homes or land settlement projects for the benefit of such veterans, or (2) any business, land or any interest therein, buildings, supplies, equipment, machinery, or tools, to be used by the veteran in pursuing a gainful occupation; and Provided, further, that nothing contained in this Constitution shall prohibit the State, or any county, city and county, city, township, or other political corporation or subdivision of the State from providing aid or assistance to persons, if found to be in the public interest, for the purpose of clearing debris, natural materials, and wreckage from privately owned lands and waters deposited thereon or therein during a period of a major disaster or emergency, in either case declared by the President. In such case, the public entity shall be indemnified by the recipient from the award of any claim against the public entity arising from the rendering of such aid or assistance. Such aid or assistance must be eligible for federal reimbursement for the cost thereof. And provided, still further, that notwithstanding the restrictions contained in this Constitution, the treasurer of any city, county, or city and county shall have power and the duty to make such temporary transfers from the funds in custody as may be necessary to provide funds for meeting the obligations incurred for maintenance purposes by any city, county, city and county, district, or other political subdivision whose funds are in custody and are paid out solely through the treasurer’s office. Such temporary transfer of funds to any political subdivision shall be made only upon resolution adopted by the governing body of the city, county, or city and county directing the treasurer of such city, county, or city and county to make such temporary transfer. Such temporary transfer of funds to any political subdivision shall not exceed 85 percent of the anticipated revenues accruing to such political subdivision, shall not be made prior to the first day of the fiscal year nor after the last Monday in April of the current fiscal year, and shall be replaced from the revenues accruing to such political subdivision before any other obligation of such political subdivision is met from such revenue.
Tags: Chriss Street, Mayor Quan, Oakland Police Department, Oakland Police Officers' Association, Occupy Oakland Comments(23) |
June 18, 2013
I think the city of Oakland is simply giving employees permission to use their own paid vacation or personal leave time, if they want to take Wednesday off. From news articles, it does not appear that the City intends to pay employees regular time (work pay) for this. If that’s correct, no new expense is being incurred, and your allegations about felony grand theft, etc., are completely unfounded and unfair.
David – you are putting words into the Police Association’s mouth that simply are NOT there. They are city employees. They get the same memo as everyone else and have stated the terms of the time-off correctly. They are telling the mayor that she is about to commit a felony – beyond the fact that she is instigating a riot all by herself with employees of the city on both sides of the police line (perhaps not a crime literally, but morally so.)
Scott Olsen was not only shot in the head with a police projectile – after Scott was down on the ground in a prone position and bleeding from the mouth and head not one cop went to assist him. Other civilians ran over to render medical aid and a cop 50′ away behind a barricade threw an explosive device in the middle of the rescuers and next to critically injured Scott Olsen. It exploded. That is illegal even in a time of war. If a soldier attacked enemy soldiers while rendering medical aid to another enemy soldier the attacker could be court martialed under the Uniform Code of Military Justice. Scott was a 2 time Iraq war veteran. It has been reported that he still can’t speak and may be brain damaged for life. Why wasn’t the Oakland cop who threw the explosive device arrested and charged with a felonious assault under the color of authority? Why do we have 2 separate sets of laws in America? Why aren’t the politicians calling for justice? Watch the youtube evidence. Your eyes don’t lie.
http://www.youtube.com/watch?v=zEj_4fqDbnM
The Oakland police should admit in their letter than their officer did wrong. But you would never see that. No doubt they will do their best to cover it up, make more futile excuses and hopes it goes away.
I don’t agree with the city workers getting paid time off to attend the protest today unless they take legitimate leave time. But I totally agree wiht the protest. Wall Street was allowed to financially rape Main Street and cost many good citizens millions of jobs, millions of homes and many lost their life savings. Not one of the main players on Wall Street who caused the meltdown was prosecuted or went to jail.
People have good reason to be pissed off.
They are telling the mayor that she is about to commit a felony – beyond the fact that she is instigating a riot all by herself with employees of the city on both sides of the police line (perhaps not a crime literally, but morally so.)
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The SEIU local in Oakland is supporting the protest. But SEIU workers must take annual leave time if they choose to attend.
SEIU 1021 addresses the city’s view on employee participation:
City of Oakland Workers: The City has agreed that workers may use a day of comp time, vacation time, a floating holiday or leave without pay in order to participate.
Apparently there’s lots of misinformation being circulated.
As far as riots are concerned – perhaps if the police restrain themselves and do not make the Oakland streets look like downtown Tripoli during the NATO missile attacks – people would not be persuaded to riot. Except for a few isolated incidents – probably as a result of planted provocateurs – the protesters have been very peaceful and are simply exercising their right to assemble under the protection of the First Amendment. It would be helpful too if the cops would refrain from shooting Iraq war veterans in the head with their projectiles while they are lawfully protesting or throwing explosive devices at them when they are down on the ground bleeding from the head and mouth. That would be helpful too.
As far as I know Quan is not promoting a riot. She is promoting actions protected under the First Amendment – namely the right to SPEECH and ASSEMBLY!
If you know otherwise, please cite your proof source.
The 99% includes people from ALL WALKS OF LIFE. Let’s not turn this into a Republican vs. Democrat or a Conservative vs. Liberal matter.
I am very conservative and approve of the general strike.
When I first saw the Youtube clip of the flash bang grenade toss at injured Scott Olsen, what stood out most was that those that came to his aid carried him AWAY from police not towards police.
In that moment police were the enemy of the people.
Elections have consequences. Oakland elected the inept Quan. She unleashed Oakland PD on Occupy. Now, she’s making Occupy policy and squandering taxpayer dollars on a general strike. She’s an incompetent.
One who hath yearnings
For equal division of unequal earnings’–
1. to have no private property in land, and all rents from land to go to public purposes
2. A heavy graduated tax on all incomes.
3. The doing away of all rights of inheritance.
4. The taking over of all property of emigrants and rebels for public use.
5. The state to have exclusive monopoly of all credit, and handle it by means of a State bank.
6. State ownership of all means of communication and transportation, such as telegraphs and railroads.
7.The state to promote various productive enterprises.
8. Compulsory labor, and the establishment of industrial armies, especially for agriculture.
9.The combination of agriculture and manufacturing, and more even distribution of the population between town and country.
10. Free education for all in a system of public schools; and no child labor factories.
Karl Marx
We’all communists now.
Pinko,
I’m confused. What does any of that have to do with people protesting being financially raped by a bunch of crony capitalists who were enabled by a bunch of crooked politicians – both Democrat and Republican?
Study the history of socialism with it’s take over by the Bolshevism during the time of Lenin and Trotsky. It’s safe to say that practically all the various shades and grades of radical agitator whether they call themselves Socialist or by some other name have every one them adopted Karl Marx’x doctrine of economic interpretation of history and the class struggle. The difference between them are almost wholly as to how the revolution is to be accomplished.
In America we have historically believed “By ballot, not by revolution.”
“Those who make peaceful revolution impossible will make violent revolution inevitable.” John F. Kennedy
Pinko,
You’re still not making any sense to me.
So people are supposed to buckle under and submit after being financially raped by Wall Street? Otherwise they are Marxists?
You really need to go to an Occupy event. I went. I am a conservative red-blooded American who believes in peaceful assembly and protest to heighten public awareness about the corrupted financial system and the corrupted regulatory agencies that allowed the financial institutions to have their way with us. That is actually more American than the Boston Tea Party that resorted to illegally occupying ships and destroying items of commerce (tea). At the Occupy events I attended there were many conservatives just like me. So I don’t quite know where you’re going with this. It seems that you are somewhat misinformed.
The ballot is the cure. If the people don’t want reform, then there won’t be any. The “banks” or “wall-streeters” were not any more guilty of fraud than a larger percentage of home buyers in the greater sacramento area. I personally acquired a $175,000 undocumented equity loan in 05′ when I was unemployed. I paid it off, but I know literally dozens of people who speculated with hundreds of thousands of “bank” dollars in real estate during this time. When prices went down they walked away, even though they had the means to persist in payments. I am sure they are part of the 99%.
Capitalism is a part of our freedoms. Socialism is not the cure, it didn’t work in France, it hasn’t worked in the 20th century. The tenants of socialism only work to increase bloodshed. The good portions of socialism have already been adopted in our civilized society. You will have to dig deeper than the surface to see what is going on in society today.
Socialism says: “Let the ruling classes tremble at the Communistic (Socialistic) revolution. The proletarians have nothing to lose but their chains. They have a world to gain. Working-men of all countries, unite.”
Pinko,
You need a crash course in the orgins of the economic meltdown. The banks and the mortgage brokers were selling home loans to indigents who had no income or assets or wherewithal to pay those loans back. The only qualification factor was a pulse. Why? Because as soon as they sold the loan they sold it off to a third party who bundled it into mortgage backed securities or CDO’s and peddled it to unwary investors as a worthy money making financial instruments. Blaming the indigent is about as disingenuous as blaming a child for accepting a piece of candy laced with strychnine. The bankster crooks like Hank Paulson from Goldman Sachs lobbied to hike leverage limits for investment banks up to a factor of 60 – knowing full well the risk involved in such a foolish move. And when the market crashed he demanded $800 billion dollars from the taxpayers or else – there would be blood and tanks in our streets. Also, don’t forget that Wachovia Bank admitted to laundering over $340B in mexican cartel drug money in Federal court. Punishment? A fine which amounted to about 20% of the profit they made off the $340B. Not one of them went to jail. Wachovia wasn’t the only bank. Do you research. Google is your friend.
Wall Street hardly represents capitalism. It represents crony capitalism – which is worse than socialism. It represents a kleptocracy that privatizes profits and socializes losses.
The brainwashing job I see on certain citizens is stunning. The OWS crowd look like super-patriots compared to the those who lick Wall Street’s boots.
Again, I suggest you attend an Occupy event. Your opinion seems to be based on distorted misinformation.
Maybe you should read the tenants of Occupy Wall Street for yourself, and then compare them to Karl Marx’s list. I agree, the banks should not have been bailed out. Bad loans should have been allowed to fail. So I agree that the pain has been prolonged to support the undeserving. But socialist revolution is not the answer. I personally know a retired crab fisherman who lost $1,000,000 cash in bank stocks in the meltdown. I don’t mean that his stocks price plummeted. The stock doesn’t exist anymore. He had $500,000 in Washington Mutual alone. The government took the remaining assets from WAMU and gave them to other banks and shut down the bank. It doesn’t exist anymore. Is that capital Wall Street’s fault? Is that the fisherman’s fault?
Pinko,
I have been to Occupy events. Have you? Many of the people there were conservatives just like me who simply want LAW AND ORDER restored. Is that a Marxist concept? To claim that the banksters did no wrong and to blame it all on government is probably one of the most disingenuous positions I have ever read (and I am assuming that those with such an opinion are not brain dead ignorant). The banks have done everything from launder hundreds of billions of dollars in international cartel drug money to selling home loans to indigents who had no means to pay them back to openly admitting during Congressional testimony under sworn oath that certain banks KNOWINGLY processed defective mortgage loans 70% of the time in year 2007.
The 99% by defintion includes people from all walks of life and from all different political perspectives. Not everyone sees things the same way. But the UNDERLYING theme at all the Occupy events that I attended was that people want LAW AND ORDER RESTORED – WHERE AMERICA HAS ONE SET OF LAWS AND WHERE THE GOVERNMENT RESTORES ‘EQUALITY UNDER THE LAW’ AS SET FORTH IN OUR SACRED FOUNDING DOCUMENTS! Does that sound ‘Marxist’ to you? Does that sound like a ‘socialist revolution’ to you? How could you possibly present a sound opinion on this matter when you have never attended an Occupy event or spoken to the participants? Or do you just believe the propoganda delivered by Fox News and most other media sources?
The more you fight with people who have the same basic wants and needs as you do, the more you support the status quo and the continued gaming of the system. The TEA PARTY failed in their quest to change the system. Now it’s time to allow another movement to have their turn.
Since most of the banks were and are cooking their books, your crab fisherman friend too a huge risk by placing his money in their stocks. He gambled and lost. And it’s just plain stupid to put more money in any given bank that what is covered by the FDIC guarantee. WAMU was one of the biggest offenders of handing out loans to indigents with no means to pay the loan off. Investing in stocks is gambling in a rigged casino. I hope your friend learned a lesson.
Five banks that received federal bailout funds during the financial crisis didn’t pay income taxes for one or more years between 2008 and 2010, according to an iWatch News analysis of a new study of tax dodgers.
Wells Fargo & Co., Goldman Sachs Group, PNC Financial Services Group, Capital One Financial Inc. and State Street Corp. were among 78 of America’s largest and most profitable corporations that managed to avoid paying income tax in at least one of those years.
Researchers looked at 280 corporations that reported total pretax U.S. profits of $1.4 trillion. The federal corporate tax code “ostensibly requires big corporations to pay a 35 percent corporate income tax rate, on average, the 280 corporations in our study paid only about half that amount.”
The study was released Thursday by nonpartisan advocacy groups Citizens for Tax Justice and the Institute on Taxation and Economic Policy.
All five financial institutions named were profitable, but still received funds in the form of stock purchases from the Treasury Department’s Troubled Asset Relief Program.
Wells Fargo received the greatest benefit among all 280 companies studied. If the bank were assessed at the usual 35 percent corporate income tax rate, it would have paid the IRS nearly $18 billion, the study said. The banking giant paid no taxes in 2009.
Wells Fargo was also among the most profitable corporations on the list, having collected $21.8 billion in profits over the three-year span. Wells Fargo received a $25 billion government investment in October, 2008 from the TARP program and paid the government back, plus a $2 billion profit, according to Treasury Department records.
In a statement, Wells Fargo disputed the report’s finding and accused the authors of taking “data out of context to advance an agenda.” The company says that over the past 10 years it has paid more than $30 billion in income taxes to federal and state authorities, billions more in other taxes and “it fulfills all tax obligations.”
As to the finding that the company paid no income tax in 2009, the company says the years cited by the study were unusual and reflect “significant losses as a consequence of its acquisition of Wachovia” in December 2008. The purchase of the troubled bank reduced Wells Fargo’s taxable income. Based on results for the first three quarters 2011, Wells Fargo “expects to pay significant income taxes for 2011.”
Goldman Sachs also received government money under the TARP program in the form of a $10 billion investment. It paid it back plus $1.4 billion. The investment bank paid no income taxes in 2008, the same year of the TARP infusion. Over the three-year period Goldman reported $4.9 billion in profit, according to the study.
The other TARP recipients named:
•PNC Financial Services Group received an investment of $7.6 billion from the government and paid it back, plus $745 million. PNC’s three-year profit was just under $8 billion. It paid no income tax in 2009 and 2010, according to the study.
•State Street Corp. received $2 billion from the government and paid it back, plus $124 million. The company’s three-year profit was $731 million. It paid no income tax in 2010, according to the study.
•Capital One Financial Corp received a $3.6 billion investment and paid it back, plus $254 million. The company’s three-year profit was $1.3 billion. It paid no income tax in 2010, according to the study.
A PNC spokesman said the bank “strictly adheres to the tax code” and that for 2009 and 2010 it recorded approximately $1.8 billion in federal income tax expenses. A spokeswoman from Capital One said the bank “fulfills all tax obligations” and that the in the three years, it paid “$2 billion in taxes to federal, state, and foreign jurisdictions” as well as $300 million in taxes for 2010.
Goldman Sachs and State Street did not respond to a request for comment.
Robert McIntyre, director of Citizens for Tax Justice and the report’s lead author said tax breaks enjoyed by the companies that paid less than 35 percent amounted to “wasted money that could have gone to protect Medicare, create jobs and cut the deficit.”
StevefromSacto,
Did you know that Obama gave CitiGroup a $38 BILLION tax break – on money they made from the bailouts?
Here. Read for yourself:
http://articles.businessinsider.com/2009-12-16/wall_street/30049026_1_citigroup-shares-tax-credits-federal-tax-law
$Billions$ in tax breaks is one thing. I am angry over bankster immunity from criminal activity. In my previous post I clearly indicated where the law was apparently violated. Yet not one indictment. But if you wrote a bad check for $200 payable to one of the Too Big To Fails – you would be contacted forthwith by the County District Attorney’s office.
Is it any wonder why Americans are losing all faith and confidence in the system that surrounds us?
I believe that President Obama is indeed to blame for allowing the banks to receive billions in taxpayer bailouts while not doing anything meaningful in return (like massive home loan modification, for example). And I am appalled that many of the major Wall Street perpetrators of this fraud on the American people have been allowed to skate.
While I may disagree with you on a number of things, beelzebub, I appreciate that you at least understand that business has some responsibility for the mess we’re in. That is better than the “all government is bad, all business is good” mantra of the Koch Broters Kool-Aide drinkers.
I am not a cheerleader for any one side, Stevefromsacto. I take issue by issue, dissect it and base my position on what is right and what is wrong – without allowing politics to influence my decision.
You see, if 3 bankrobbers (the stickup man, the lookout and the get-a-way drivers knock over a bank – I BLAME ALL EQUALLY since it took 3 to successfully pull off the heist.
Same with the Wall Street meltdown – it took BOTH the government and big business to pull off the biggest robbery that the world has ever known. BOTH ARE EQUALLY CULPABLE!
Those who try to place more of the burden of guilt on one than the other are playing politics and being disingenuous IMO.
I don’t disagree with you. Unfortunately, most of the contributors to this blog take the view that government is totally to blame for everything and anything that stands in the way of the so-called “free enterprise” system to prevent its many abuses is unnecessary.
The ‘free enterprise’ system is not “free” if no one is botherig to oversee it.
And the market cannot correct itself in time when the bad guys hide their dirty deeds from public view. By the time the dirty deeds are uncovered the entire system is at risk for collapse.
This is all common sense.
Wall Street committed the dirty deeds while the government was fully complicit.
The perfect crime. Both the cops and the robbers participated in the bank heist. When that happens – there is no defense and innocent people get caught holding the bag.
The citizens of California need to band together and start some type of California political reform act where standards of accountability are brought back to the government. The unbelievable waste and bureaucracy has turned the golden state into a faded pee yellow!
It is pretty clear state politics today are dominated by the recession and budget shortfall. The only way out is controlled spending which means across the board cuts from education to pensions. In addition the state should cut payroll taxes for newly started business for up to four years. Or some other program to incentivize small business. California has a great entrepreneurial spirit. Government leaders must encourage the flow of investment capital to the state. Rebuilding this sate goes through small business.