Originally published in The OakBook -- 

Oakland city government does not work because there is virtually no accountability. We have seen numerous examples in the recent past. The police chief resigned in a huff because the Oakland City Council had the audacity to question his performance.

The new City Manager, Dan Lindheim is already embroiled in controversy. The City Auditor stated that he has refused to enforce the anti-nepotism order and turn over  employee information. Mr. Lindheim’s reply was - none of those facts are true.

These examples point out the crying need for accountability in Oakland City Hall. Unlike any other organization, there is virtually no accountability for the decisions that are made. There has to be a much more balanced system of government in Oakland.

The Oakland Charter is void of virtually any checks and balances between the Mayor and City Council. As a result, there are no mechanisms to hold the Mayor, City Administrator or any of the department heads accountable. The City Council members are the ones most directly responsive to the citizens, but they cannot press the issues that citizens are concerned about.  

For example, if you are worried about crime in Oakland, as all of us are, how do you force the City's bureaucracy to respond to your concerns? The short answer is - not very well. The citizens cannot pressure the elected officials who cannot pressure the appointed officials to respond to citizens’ concerns.

If we'd like to get improved services from the City, we must have Charter reform. In order to have our serious issues of crime, economic development and jobs addressed, we need accountability. Here are some ideas for Charter reform:

1. Residency Requirement. All elected officials, as well as all appointed department and deputy department heads are required to reside in the city of Oakland. They must obtain residency within 90 days of their appointment. Failure to do so will subject them to immediate dismissal, forfeiture of any salary earned and other penalties. This is a concept that has been successfully implemented in other cities and counties in California. Why does Oakland not have the same requirements?

2. The Mayor. Even though the Charter designates the Mayor as a full time City employee, there is no enforcement of the requirements. There has to be accountability for the Mayor’s actions. The Charter should require the Mayor and the City Council members post their calendars on a daily basis and make it available to the public by filing a report with the City Clerk every 30 days. Failure to do so is a forfeiture of that month’s pay.

You have a right to know what your elected officials are doing with their time, who they are meeting with and what issues they are addressing. Then, you can hold them accountable for working on the problems that face our city.

3. Minimum Qualifications. There should be minimum qualifications for each department head and department vetting of candidates before they are hired. Whether it is from the City Administrator on down, every major hire of the city should be an open selection process. The public has a right to know who is considered for the selection of the position.

4. Interim Appointments. The Charter should clearly state that the Mayor may appoint interim positions for the City Administrator and department heads, but interim appointments should not exceed 90 days. In the event the Mayor does not make an appointment or submit an appointment to City Council, the Council has the right to appoint department heads subject to majority vote confirmation.

This will hold the Mayor accountable to promptly fill vacancies with qualified people who are subject to public vote. If he fails to do so, he loses the right to make the appointment.

5. Administrative Reporting to City Council. The Charter should clearly require the City Administrator and major department heads to hold public hearings on a bi-annual basis and report the status of their department and actions taken.

The City Council shall have the authority to require the City Administrator and each department head to appear before the Council or its designated committees to report on any issue at a public hearing. The public has a right to question the direction of officials.

6. Term Limits. The Mayor, City Attorney, City Auditor and City Council members should be subject to term limits of two full terms for 10 years or a maximum of three terms. We can no longer afford to have Council people in office for over 20 years, creating independent domains within the city without accountability.

These are just some of the Charter reforms that are needed to ensure accountability. If you want lower crime, more jobs and businesses in Oakland, then you have to hold elected and appointed officials accountable. The City of Oakland needs checks and balances. That will not occur until the Charter is reformed and officials are held accountable. Oakland needs a better government so that it can create a better city.

Clinton Killian is an attorney in downtown Oakland, an Oakland resident, a former Oakland Planning Commissioner. He can be reached at: (510) 625-8823 or email: clintonkillian@yahoo.com.