The Bay Area’s Climate Emergency Mobilization Task Force released their Alameda County Climate Scorecard this week, revealing Emeryville to be dead last among cities in northern Alameda County on critical climate issues. The task force, a Bay Area wide coalition of elected officials, city and county staff, community based non-governmental organizations, youth, environmental and social activists and “front line communities”, released the scorecard Tuesday.
Below 50 is a fail.
The scorecard shows Emeryville tied with Dublin for 11th place out of the 15 municipalities in the Alameda County, and ranked as dead last among the seven northern County cities. The three cities of Berkeley, San Leandro, and Alameda received the highest scores, with ratings of 66, 64, and 62 respectively, while Emeryville only managed to score 44.
Emeryville received failing marks in all five public policy categories and failed four of the five transportation measures. The public policy measures were Emeryville's greatest weakness as both Berkeley and Oakland received top scores in four of those five measures, in contrast to Emeryville's across-the-board failures.
Looked at numerically, the scorecard should serve as a wake up call to the cities scoring lower than 50; the bottom half. Across the entire county, only Newark, Union City and Livermore scored worse overall than Emeryville.
The climate task force teamed up with undergraduate students at the University of California Berkeley to produce the document entitled ‘Alameda County Climate Scorecard 2023-2024’. Motivating the partnership is the desire to “address societal challenges and for more equitable communities across California” the team reports.
Emeryville Police Let a Shoplifting Suspect Walk Free
BevMo Store Manager Wanted to Press Charges But EPD Said NO
Citizens Reporting Crimes Should "Mind Their Own Frickin' Business" Says Sergeant
Officer body worn camera footage released by the Emeryville Police Department reveals how two officers and a sergeant recently let a shoplifting suspect walk free, ignoring the store manager’s request to prosecute. The minor shoplifting event happened on May 19th at the BevMo liquor store, 5717 Christie Ave in the Powell Street Plaza shopping mall, when a checkout clerk noticed a man walk out of the store without paying for a bottle of vodka. Police were summoned and the man was apprehended behind the store on Shellmound Street, drinking from the stolen bottle. After handcuffing the detained man and confiscating the stolen liquor, Emeryville Police Officer Andrew Selby attempted to return the bottle to the store clerk. After the clerk informed the officer BevMo could not take back an opened bottle, the officer poured out the vodka. Shortly after that, all three cops were alerted the store manager wished to press charges but ignoring that, the police removed the suspect from detention and released him.
Emeryville Police Officer Andrew Selby When told the BevMo store manager wanted to press charges against the shoplifter he responded, "Negative" and let the guy go free.
The three videos from the three cops reveal that all three heard from the dispatcher on the police radio that the manager of the store wished to press charges on the man, to which Officer Andrew Selby responded “negative” to his colleagues. The police believed the store manager earlier claimed to not wish to press charges against the suspect but were not interested in hearing from the manager about his change of heart.
A witness to the theft, the Emeryville Tattler editor produced a voice over narrative video of the crime scene after the police released the suspect and left the scene and sent that video out via email to the City Council members, key City staff and members of the police department. The Chief of Police, Jeff Jennings, a recipient of the emailed video, hit ‘reply all’ and then he denied the police had let the suspect go free and he reported that the manager of the BevMo refused to press charges, in direct contradiction of the body worn camera objective evidence. The Chief of Police, who earns over $200,000 per year incorrectly stated in his May 20th email responce, the EPD's hands were tied because “BevMo, the legal victim of this particular crime did not wish to prosecute the individual for the theft”. The email from the Chief was misleading about the store manager but it is unknown if the Chief was aware that his officers had failed to ask the store manager about his prosecution change of heart.
"Mind His Own Frickin' Business"
Emeryville Police Sergeant Michelle Shepherd Emeryville citizens who call in crimes should "Mind their own frickin' business".
The video footage from Sergeant Michelle Shepherd, who was hanging back with the detained suspect while the other two officers were interacting with the store clerk, reveals she clearly told the shoplifting suspect she thought the Tattler editor reporting party to the crime should “mind his own frickin’ business”, a reversal of the common police dictum ‘see something, say something’. As the suspect was being released, Sergeant Shepherd offered him advice on how to shoplift better without being caught by “these stores around here”. Noticing store stickers on new clothing the suspect was wearing, Sergeant Shepherd told the suspect he should “remove the stickers [from your stolen clothes]. It’s a tell tale sign. People see it and they think he’s gunna steal from us”.
Ms Shepherd later told the Tattler she was being "sarcastic" when she coached the suspect on more effective shoplifting.
Regardless that the videos were released by EPD to fulfill a Tattler public records request, the last minute or so of the incident was cut from all three body worn cameras by EPD and not released. The expurgated section of the videos show the Tattler editor approaching the three departing officers, informing them that the store manager wished to press charges on the suspect. Officer Selby spoke for the group and said NO to that and then asked, “Don’t you have anything better to do with your time?”. The California Records Act requires government agencies to release in good faith, all requested public records, allowing for redaction of certain sensitive information. The failure of the EPD to release the full record on all three videos barring an explanation, represents a violation of the California Records Act. EPD has not provided an explanation about why the videos are edited in the way they are.
The Emeryville Chief of Police, Jeff Jennings was contacted for this story but he did not respond.
Below are two of the three videos the Tattler obtained in our public records request. The last minute or so of incriminating evidence against EPD was cut from all three videos by EPD but plenty of incriminating evidence remains. The first is from Officer Selby's body worn camera and the second one is from Sergeant Shepherd. The sound takes a minute to begin. Transcripts are posted below.
Extra Reading:
Below are partial transcripts from the Selby and Shepherd videos. The characters are: the Suspect, the BevMo Store Clerk, the Tattler Editor (the reporting party who made the call to the police and was a witness to the crime, the Police Dispatcher, Sergeant Michelle Shepherd, Officer Andrew Selby and Officer Kyle Rice.
Selby Video
.55-1:05
Selby to Tattler Editor: They [Bevmo] don’t want to press charges.”
Tattler Editor to Selby: “I’m going to go complain to them.”
2:45-2:57
Tattler editor to Selby: “I’m going to request they press charges.”
3:08-3:25
Tattler Editor to BevMo Store Clerk: “Will you press charges?”
BevMo Store Clerk to Tattler Editor: “We probably can’t, to be honest.”
Tattler Editor to BevMo Store Clerk: “Can you tell your boss [Store Manager] I request you press charges?”
Convo fades out as Selby moves outside to pour out opened vodka bottle.
During this time the Store Manager tells the Tattler Editor he will press charges (no police present to hear it).
5:35-5:42
Rice to Selby: “Where’d the RP [reporting party Tattler Editor] go?”
Selby to Rice “Into BevMo to complain.”
5:50-6:01
Dispatcher to Selby (and Shepherd and Rice): “Apparently Donahue (Tattler Editor) went into BevMo, spoke to BevMo and now they’re reconsidering pressing charges.”
“Selby (to himself or maybe Rice): “Negative.”
6:15-6:25
Rice to Selby: "You want to cut him [Suspect] loose?”
Selby to Rice: “Yeah”
Shepherd Video:
2:02-2:11
Shepherd to Suspect: "You've got some nice threads on - nice shoes. Did you take those?"
Suspect to Shepherd: "No"
Shepherd to Suspect: "The price tags are still on."
4:06-4:09
Shepherd to Suspect: "Hopefully we'll be out of your hair soon."
4:45-5:20
Shepherd to Suspect: “Was that guy [Tattler Editor] bugging you? The big white guy?”
Suspect to Shepherd: “No…(unintelligible)”. He mentioned how the Tattler Editor had offered him money to pay for the vodka.
Radio from Dispatcher cuts in to all three police; “Apparently Donahue went into BevMo, spoke to BevMo and now they're reconsidering pressing charges.”
Shepherd in responce to hearing that: “No”
Rice heard on radio, talking to Dispatcher: “Negative. I talked to the store and they do not want to proceed. And you don’t need to talk to Donahue anymore regarding this call.”
Shepherd to Suspect (continuing convo from before Dispatcher interruption): “No, that guy [Tattler Editor] was here making things worse for you. He needs to mind his own frickin’ business.”
5:42-5:55
Shepherd coaches Suspect on how to get away with shoplifting better in the future. She speaks to him about his new clothing with the price stickers still on.
Shepard to Suspect: “A way not to draw attention to yourself when you walk into these stores around here is taking off the stickers. People see it and they’re like, he’s gunna steal from us. It’s a tell tale sign.”
Gaza Ceasefire Refusal Puts Emeryville City Council "On the Wrong Side of History" Says Local Catholic Priest
Reverend is "Shocked" at theCity Council's Loss of Rectitude
The Reverend Aidan McAleenan of St. Columba Catholic Church "War leads to war and revenge to revenge. We must sit down, talk and listen. There is no other way. We are called to love, that's why we must call for a ceasefire in Gaza."
Emeryville's City Council majority, continuing on their steadfast refusal to resolve for a ceasefire in Gaza, threatens to condemn the City in the eyes of neighboring municipalities in the Bay Area as an unprincipled city, "on the wrong side of history" as the Reverend Aidan McAleenan of Saint Columba Catholic Church on Emeryville's Oakland border says. In the six months since the Council majority led by then Mayor John Bauters voted to reject even to discuss the merits of a ceasefire resolution (4-1, Priforce dissenting), most of the nation (minus the Republican Party) has moved on, and now even the famously reluctant President of the United States is calling for a ceasefire. Emeryville however, has dug in their heels on the issue.
The Israel-Hamas War has so far claimed the lives of more than 37,000 Palestinian people, mostly women and children, almost 1,500 citizens of Israel as well as 105 journalists and over 224 humanitarian aid workers, including 179 employees of the United Nations Relief and Works Agency (UNRWA). With no end in sight for the war and with each passing day, the calls for a ceasefire in the bloody conflict become less and less controversial.
The Saint Columba Church, located on San Pablo Avenue at 64th Street, one block from the Emeryville border, serves as Emeryville's Catholic church. As the Reverend explains, "Our parish encompasses all of Emeryville and a little of Oakland & Berkeley. So Emeryville is in our parish." And that is likely an extra reason why he is pained to see the City Council's recalcitrance on the issue of a Gaza ceasefire. "It shocks me to the high heaven that those who supposedly represent us all on the Emeryville City Council would vote against calling for a ceasefire [except Council member Kalimah Priforce], he told the Tattler.
St Columba Church, noteworthy for its quest for "radical inclusivity" as Father Aiden puts it, is unafraid of practicing what is preached. The church is identified with its yearly growing collection of wooden crosses alongside San Pablo Ave representing those killed by gunfire in Oakland, a large 'Racism is Sin' banner and now a banner calling for a ceasefire in Gaza. Other churches in the Emeryville area have also loudly called for a ceasefire in Gaza, among them the Berkeley Methodist United Church on Carlton Street. That church, led by Emeryville resident Pastor Pamela Kurtz had, until recently, a banner out front proclaiming "Love Demands Permanent Ceasefire Now' (since vandalized).
Banner at the Berkeley Methodist Unified Church A few blocks from Emeryville.
The City Council moved to refuse even a discussion of a ceasefire resolution in December, a few months after they unanimously approved a resolution calling out Russia for its invasion of Ukraine, a fact not lost on Council member Priforce who invoked it when he made his Gaza resolution discussion presentation to his colleagues. Noteworthy is that none of the other four Council members, including Mr Bauters will comment publicly why Ukraine is good for the City to opine on but not Gaza. For the record, there is a large Ukrainian solidarity flag flying on the front of St Columba Church. Council member Sukhdeep Kaur did ask Mr Priforce at the December 5th meeting how supporting a ceasefire could be seen as unifying for Emeryville citizens after calling it "polarizing". Mr Priforce explained that by its nature, a resolution IS unifying but he added, "We can choose language that best reflects Emeryville". That was not enough to sway Ms Kaur and she quickly voted NO along with Mayor Bauters and Council members Courtney Welch and David Mourra.
A moral counterweight to the overly circumspect Emeryville City Council majority, the Reverend McAleenan noted over 140 countries have called for a ceasefire in Gaza. "Speaking as a northern Irish man who grew up in war and was a second class citizen as a Roman Catholic, I hurt with those who hurt and those who are 'othered'. Ceasefire is the only way." he said. Suggesting the City Council majority may be too timid, the Reverend added, "Criticizing Israel is not anti semitic. We are called in our humanity to call out inhumanity everywhere. Israel is not the Jewish faith. All governments need to be held accountable, including our own."
Council member Priforce is an active parishioner at St Columba Church.
Council member Bauters is running for the position of Alameda County District 5 Supervisor in November and will give up his Emeryville City Council seat no matter the election outcome.
Mr Bauters and the other Council members against the ceasefire resolution discussion were asked but did not comment for this story.
Emeryville's St Columba Catholic Church Located at 6401 San Pablo Avenue in Oakland.
Former Mayor John Bauters' Tight Control on Citizen Free Speech Lifted by Mayor Courtney Welch (a little)
Citizens Now Allowed to Yield Their Time to Other Citizen Speakers
Mayor Courtney Welch Tuesday's action means more rights for citizens addressing their government. Accountability is increased (slightly).
In a rare opening up of government accountability, Mayor Courtney Welch announced Tuesday she is reversing a former ban on citizen ‘time yielding’ at City Council meetings. As is the case in most cities, Emeryville citizens will now be allowed to yield their (two minute) speaking time to another citizen, thereby doubling the speaking time of those granted the extra time, up to four minutes.
While Mayor Welch did not indicate she would permit more than one citizen to yield their time per go as many other cities in the East Bay do, this expansion of citizen free speech in Emeryville is nonetheless unprecedented. Over the last decade plus and picking up speed under the tenure of former Mayor John Bauters, citizens wishing to engage with their government by offering up public comment at Council meetings faced nothing but increasing constraint.
The time yield concept was tested Tuesday by members of the staff, who’s union; SEIU, was expressing their disfavor over a City Hall planned 6% roll back on their pay when a staff member called out from the gallery, “I yield my time to the speaker” who’s two minutes speaking time had run out. It was an outburst that would have brought the gavel down during the time of Mayor John Bauters. Instead of dropping the gavel, Ms Welch calmly acquiesced and then granted it again to another SEIU member later in the meeting. And, because all citizens must be treated fairly and equally by the government, citizens are now granted the right to yield their time at Emeryville City Council meetings.
In Emeryville, mayors are given the power to grant or forbid the yielding of public comment time and also the number of minutes citizens are allowed to speak. California law requires a minimum one minute per citizen for each agenda item but most cities grant three minutes. Commonly, mayors will lower the speaking time if there are large numbers of speakers.
Former Mayor John Bauters Not a fan of accountability, Mr Bauters moved to constrain citizen's ability to speak at City Council meetings making it less free than any other time in more than 40 years.
The new increase in ability for citizens to speak to their government in Emeryville is rare indeed. Twenty years ago, speaking time for public comments was five minutes and multiple citizens could yield their time to speakers at the podium for each agenda item. This was chipped away at over the years. The speaking time was first lowered to three minutes and then down to two minutes by Mayor Bauters. The ability for citizens to yield time was also then taken away by Mayor Bauters. So draconian were the anti-free speech policies at City Hall by the end of Mayor Bauters tenure, Emeryville had the ill fortune of having the harshest constraints on citizen engagement of all neighboring cities. Mayor Welch’s increase in Emeryville citizen's free speech rights, incremental though it may be, reverses the nearly two decade long slide.
