OAKLAND — Citing a lack of a quorum and technical issues, the Oakland City Council abruptly canceled two Tuesday meetings, pausing a vote on an emergency sick leave policy that would have covered all workers in the city affected by the coronavirus pandemic, and an item that would have given more power to the citizens police commission.
The cancellation appeared on the City Council’s website without further elaboration before the first meeting was set to begin at 1:30 p.m., and again before the 5:30 p.m. meeting Tuesday.
It was unclear when the vote on the emergency sick leave policy will be taken up.
At the earlier 1:30 p.m. meeting Tuesday, the council was set to vote on an amended ordinance by Council President Rebecca Kaplan and council member Dan Kalb that would have strengthened the independence of the Oakland Police Commission, a measure that was opposed by Mayor Libby Schaaf. But the meeting was canceled because of technical difficulties; the information technology department was having problems with public access, according to Kaplan.
Councilman Noel Gallo said in an interview Wednesday that he can take responsibility for the first cancellation, saying after he heard of the technical issues, he recommended the meeting be canceled. He said because there were so many items still in question, he would rather delay the action for another week.
“I’d rather that we be better informed than take an emotional action,” he said, referring to several items on the agenda in general on Tuesday.
Schaaf sent out an email before Tuesday’s 1:30 meeting that said council was set to vote on a measure that “could seriously compromise public safety,” referring to the police commission item.
“It would allow Oakland’s Police Commission – a group of citizen volunteers — to override any police operational decision, divert limited public safety resources, and prevent rapid response to public safety emergencies,” she said in the email.
She also said the proposal would “expand that policy-making authority to EVERYTHING (sic) — including highly technical operational and tactical practices that could conflict with California’s best practices, multi-agency disaster response, and standardized training.”
Gallo said he agrees with the mayor; should the police chief need to act in an emergency, there needs to be a quick reaction instead of waiting for the commission’s approval, he said.
As the proposal is written, the changes to the police commission guidelines could cost the city an additional $1 million, he said. At a time when the city is facing a budget deficit, Gallo said he needed more information.
Gallo himself was one of the four council members who informed Kaplan they could not attend the 5:30 p.m. meeting — the others were Larry Reid, Loren Taylor, and Lynette Gibson McElhaney. Gallo cited a family issue for the absence.
He noted that the council is in a unique situation during the coronavirus shelter-in-place and some of the items up for discussion would have “long-term impacts both socially and financially.” He said some on council needed more information and to hear from the community.
“I am disappointed in the sudden lack of quorum,” said District 4 council member Sheng Thao, who sponsored the emergency ordinance, in a statement issued Tuesday night. “I personally stood ready to take action at today’s meeting to address some of the needs our community faces during this difficult time. I am further disappointed that thousands of our fellow Oaklanders will have to wait on this life-saving measure.”
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Due to a sudden lack of quorum, tonight's Council meeting scheduled at 5:30pm has been cancelled. Tonight's Council agenda had an Emergency Ordinance that I co-authored, to expand emergency paid sick leave to workers during the pandemic.— Councilmember Sheng Thao (@ShengForOakland) May 6, 2020
“Right now, thousands of workers are risking their lives and livelihood,” Thao’s statement continued. “Because of this cancellation, they will have to continue to wait to receive paid sick leave benefits that can help protect not only their lives but the lives of their families and their customers, as well.”
Thao’s proposal calls for employers in Oakland to provide 80 hours or 10 days of paid sick leave to workers affected by the coronavirus pandemic. Thao’s legislation is co-sponsored by council members Nikki Fortunato Bas, Dan Kalb and Taylor.
Kalb tweeted about the canceled meeting Tuesday night and said: “Disappointed that both (1:30pm & 5:30pm) #oakmtg Council meetings were cancelled today. This is unacceptable and should not have happened. The apparent reasons R questionable at best. We have many issues 2 deal with in #Oakland and need 2 meet 2 make formal decisions #pissedoff”
Disappointed that both (1:30pm & 5:30pm) #oakmtg Council meetings were cancelled today.
This is unacceptable and should not have happened. The apparent reasons R questionable at best.
We have many issues 2 deal with in #Oakland and need 2 meet 2 make formal decisions #pissedoff— Dan KALB (@DanKalb) May 6, 2020
Attempts to reach Kalb for further comment were unsuccessful. In addition, council member Bas also tweeted Tuesday night and expressed her disappointment in the lack of a quorum.
As leaders we need to stand up for our community + show up. Tonight's #OakMtg at 5:30pm was cancelled last minute due to a lack of quorum. I stood ready with @ShengForOakland + @DanKalb to pass #EmergencyPaidSickLeave https://t.co/s8RKgTYLfk
— Nikki Fortunato Bas, Councilmember (@nikki4oakland) May 6, 2020
Karen Boyd, communications director for Oakland, said in an email, “I don’t know the details of the cancellation. I assume all the items will be rescheduled to the next meeting. No date certain yet.”
Although no date was set, Thao said in her statement Tuesday night: “I look forward to voting on this measure at our next council meeting.”
Kate O’Hara, executive director of the East Bay Alliance for a Sustainable Economy, in a statement. said the cancellation was “deeply disappointing.”
“Oakland workers do not have time to wait,” O’Hara continued. “People are being forced to choose between their health and their livelihoods during a pandemic. The City Council must vote this legislation through as soon as possible. No more games: Our health depends on all of us. Protect Oakland workers. Protect our community.”
O’Hara said the emergency paid sick leave ordinance would go beyond the federal Families First Coronavirus Response Act by requiring all employers to provide paid sick leave — including those with more than 500 employees, who were left out of the federal legislation. It also applies to gig workers and other workers not classified as full-time employees, like Uber and Lyft drivers.
If passed, it would make Oakland the fourth city in the state — after Los Angeles, San Jose and San Francisco — to adopt a measure to address the devastating impacts of the pandemic on the workforce, according to the alliance.
The legislation would apply to employees who are isolated or quarantined because of a public health order, told to self-quarantine, have symptoms of coronavirus or because of underlying health conditions. It would also cover those caring for others who are quarantined, or caring for children if their school or daycare has been closed.
The council also was scheduled to vote Tuesday on an ordinance to establish the Department of Workplace & Employment Standards, which would be responsible for enforcement of workforce provisions such as the sick leave proposal.
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