Council member Courtney Welch Violated FPPC Rules

 Courtney Welch: Latest City Council Member Found to Have Violated FPPC Rules

City Council Waits for the Next Shoe to Drop

After Mourra Fail, Will Accountability Come This Time?

Emeryville City Council member Courtney Welch recently failed to file a required political campaign disclosure form for elected officials with the California Fair Political Practices Committee it was revealed.  Following a second warning notice sent to the Councilwoman from the Emeryville City Clerk, Ms Welch appears to have made good with the FPPC for the transgression shortly after, the Tattler learned.

 The FPPC, a state sanctioned agency charged with ensuring all California elected officials are bound by the same election laws fairly, determined that Ms Welch had not filed her Form 460 as the law dictates, the same as her colleagues Mayor David Mourra and Council member Kalimah Priforce who the agency determined both to be in violation earlier.

Emeryville City Council member
Courtney Welch
She's violated FPPC rules.

Council member Welch, who did not return calls from the Tattler for this story, appears to have corrected her transgression with the FPPC in March, sometime after City Clerk April Richardson’s second attempt to notify her.  

Ms Richardson is tasked with ensuring  Emeryville’s elected and appointed officials are in compliance with FPPC law.

Over the decades, many Emeryville City Council members have failed to keep 100% current with the multitudinous required FPPC fillings and many have failed to file on time as is the case with the most recent Welch violation.  Transgressions have generally been seen as a technicality as far as the public and the press are concerned.  All of that changed however, in 2024 when the City Council majority used a late filing to try to bring down Council member Priforce by use of a censure and sanction against him.  

Mr Priforce, the sole progressive on Emeryville’s City Council, has earned animosity from the more conservative Council majority for his center left politics and they have have used every opportunity to try to discredit him in the eyes of the public for it.  Accordingly, his late FPPC filings were seen as a way to discredit him but they may have failed to realize the Tattler would thereafter see all Council member failures to file all FPPC forms in a timely manner as a hot ticket news item and that they would soon run afoul of the FPPC’s byzantine filing schedule themselves.  The Tattler has vowed to highlight each Council member’s violations as we find them.  

Before the Council majority, especially members Welch and Mourra, so sanctimoniously went after Council member Priforce for his violations, this was seen as something not newsworthy because most elected officials would run afoul of the FPPC from time to time.  The Tattler never reported on these violations because it was not seen as something nefarious, rather just an honest mistake anybody but a lawyer would be expected to occasionally make. 

So perturbed were the conservative Council majority,  they even spent public money to send a US postal service stamped letter to every Emeryville household to notify the public of the disciplinary action the Council majority took against Priforce.   Later, after the Tattler showed Mayor David Mourra was also guilty of recent FPPC filing violations, the Council majority pulled back and opted to do nothing, no public rebuke, no stamped letters, no hair on fire sanctimony, chalking it up rather as a simple oversight by the mayor.

It is not known if the council majority will now rise up in indignation at Ms Welch’s FPPC filing violations made public here by the Tattler like they did with Mr Priforce or if they will let this pass like they did with Mayor Mourra’s violations.  The Council has treated Welch (and Mourra) with kid gloves up until now.  The Tattler will report. 

The hubris smashing FPPC, now 50 years old, makes sure all elected
officials are transparent in their public works.  

Council Member Priforce to Force Election on Unfair Small Business Taxes

 Council Member Priforce Says Small Business in Emeryville Is Taxed Unfairly

Snubbed by Council Majority, He Says Voters Should Now Decide

Big Business Pays a Much Lower Tax Rate Than Small Business

Council member Kalimah Priforce announced today he is beginning a campaign to lower the tax rate on small business in Emeryville by forwarding a direct ballot initiative for voters, bypassing the City Council.  If successful, the small business tax ballot initiative would culminate a citizen drive begun in 2011 to finally address Emeryville’s infamous business tax cap, a regressive structure implemented by a pro-business City Council in 1993 that allows the largest corporations in Emeryville to pay a much lower tax rate than small businesses do.  Mr Priforce's announcement comes on the heels of a rejection in December by his colleagues to even discuss the business tax cap at the Council level.  The City Council could get rid of the cap by fiat but they have steadfastly refused and they even actively worked to stop an incipient citizen's ballot initiative in 2011 that would have removed the tax cap.  Emeryville is the only city in Alameda County that has a business tax cap.

Council Member Kalimah Priforce
He says helping small businesses thrive in
Emeryville should be more than just platitudes.
Small businesses in Emeryville should not have
a higher tax rate than big businesses do.

Council member Priforce, who calls himself a 'progressive populist', announced at the Council's December meeting that the lack of equity in Emeryville’s business tax code is troublesome and that the Council needs to finally do something about it especially seeing how they (individual Council members) often publicly exclaim how they want to help small business, he said.  As it is now, the small businesses in Emeryville are effectively subsidizing the big businesses by paying a rate higher than they need to for the City to collect the same amount of money.  A ‘flat tax’, that being every one paying the same rate, would be more fair than the current tax cap scheme and it would enable the City to charge all businesses at a lower rate to collect the same amount of money.  Small businesses would pay considerably less money under a flat tax.

Mr Priforce is correct: Emeryville’s business tax cap is unprecedented.  In fact, no other city in the entire East Bay has such a tax cap.  For small businesses, the business tax rate in Emeryville is .1% of gross receipts.  Large businesses pay a much lower effective rate, and it’s a rate that goes down the bigger the business is.  This is because big businesses, those with revenue that would be taxed above the $450,997 capped total, don’t have to pay any tax at all on any receipts above that.  Small businesses on the other hand, must pay tax on all of their revenue, making for a much higher tax rate; small businesses must pay the full .1%.

Mayor David Mourra
He likes the business tax just as it is.
NO to helping small businesses he says.
He won't even allow a debate about it.

The inequity is highlighted by a comparison between a large business in Emeryville and a typical small business.  A small local restaurant with $500,000 in revenue (gross receipts) owes the City of Emeryville the full .1% of their revenue, whereas Grocery Outlet Corporation owes the City a lower percentage of their revenue.  Every dollar the local restaurant makes is taxable versus Grocery Outlet who doesn’t likely have to pay Emeryville any taxes at all for some of their $3,969,549,003 ($3.96 billion) revenue.  If they were taxed at the rate of small businesses, Grocery Outlet would have to pay Emeryville more than what they now pay with the cap.  The cap affects the two businesses this way: the local restaurant owes the City $500 per year and Grocery Outlet owes no more than $450,997 per year.  The cap being a cap, every other large business in town also owes Emeryville only $450,997 per year regardless of their revenue.  That’s the most any business in Emeryville has to pay, no matter how big they get.  Because Grocery Outlet operates some of their stores as franchises, it is unknown how much of their revenue is taxable by Emeryville and City Hall does not reveal that private information.  

The tax cap is a very sweet deal for the large corporations in Emeryville and something much less than that for the small businesses. 

Council Member Courtney Welch
She says she loves small business.  Except when
it comes to taxing them.  Then she's saving all
her love for big business.

At .1%, Emeryville has the lowest business tax of any neighboring city.  Berkeley’s business tax, dependent on the type of business, ranges from .16% to .45%; from 50% over Emeryville to four and a half times Emeryville’s rate.  And Berkeley doesn’t have a tax cap so every business pays fairly and equally.  With a $12 million deficit this year, if Emeryville raised the rate to what neighboring cities charge and removed the cap, the deficit would be taken care of rapidly. 

Mr Priforce says Emeryville could decide how to best tax businesses after a public debate.  Two ideas are presented without a tax cap: money to the City could remain the same (revenue neutral), meaning a large tax rate reduction for all businesses and a big savings for small businesses, or the rate could be kept at .1%, meaning small businesses would pay the same as they do now but big businesses would pay more, giving the City a lot more money to pay down the deficit and have money left over or something in between.    

City Council Tax Double Cross in 2011

Back in 2011, Emeryville residents reached a boiling point with the tax cap because of the unfair taxation on small businesses.  A drive to put the issue before Emeryville voters was started by Residents United for a Livable Emeryville (RULE), a citizen’s activist group.  RULE took out papers and started a door to door signature drive to get the issue on a ballot because the City Council refused to remove the tax cap by fiat as is their prerogative. After they caught wind of the RULE signature drive, the Council intervened and they unanimously voted YES (in principle) to remove the tax cap on their own and they further announced a petition drive would therefore not be necessary.   That Council vote ended the petition drive but at the last minute, after loud protests from Pixar, the conservative majority on the Council scuttled the deal, keeping the cap in place and leaving the citizens no time to finish their petition drive before the election deadline.  Any new petition drive would have to wait until the next election, two years later.   

After the dirty deal done by the conservative Council majority, stopping the will of the people, Council member Jac Asher offered a consolation: an increase in the tax rate while leaving the tax cap in place.  The conservatives on the Council accepted that and the rate was raised from .08% to the current .1%, still the lowest business tax of any city in Alameda County even with the cap.  Ms Asher’s modest deal and the required two year wait for a new ballot initiative petition drive brought about by the Council majority dirty deal, took the wind out of the sails of the citizen petition drive and it didn't rise up again two years later.

And that’s where we are today.  From then to now, no other City Council member other than Councilman Priforce has publicly offered a plan to get rid of Emeryville’s notorious business tax or even talk about the gross inequities built in to Emeryville's pro-corporate business tax rules.

Councilman Priforce is offering the people of Emeryville a chance to return to 2011; a time when it seemed for a moment, public business tax policy would be decided by the public.  Mr Priforce gave his colleagues on the Council a chance to weigh in on this in December but they refused.  

Mayor Mourra was contacted for this story but he refused to comment, presumably leaving his publicly made NO vote to even allow discussion of changing Emeryville business tax policy, to speak for him.  Council member Priforce was also contacted and he told the Tattler he heard all four of his Council colleagues say NO to his business tax equality discussion proposal and so he will go around them and “listen to the people, not the Council”.   

Please read more on the 2010-2011 fight for a fair business tax HERE, HERE, HERE , HERE , HERE and HERE.

The Tattler will report on developments in this story as they come to light.  

UPDATE CORRECTION:  A reader pointed out that Grocery Outlet operates some of its stores as franchises and so some of their revenue is not taxable by Emeryville.  We thank the reader for catching what we missed and we apologize for the mistake.

A Sampling of Emeryville Businesses & How the Business Tax Cap Effects Them
NOTE UPDATE: Grocery Outlet operates some of its stores as franchises and the franchisees share in some of the profit and those numbers are not public.  Because of this, the numbers in these charts are based solely on the total corporate revenue and are not accurate for Grocery Outlet.  We apologize for the mistake we didn't catch.
Leapfrog Corporation has to pay taxes on every dollar it makes just like the Mom & Pop Shop and the local restaurant.  The big businesses only have to pay taxes up to $450,997 regardless of what they make.  Everything they make over that taxable amount is tax free.  It must be nice for them....says Leapfrog and every small business in town.

A Portrait of Emeryville's Business Tax Cap
Actual Tax Rates For a Sampling of Emeryville Businesses

100 = .1% (the tax rate for small businesses).
NOTE: Grocery Outlet pays Emeryville more than this number because some of its
stores are franchises.  This number is based on their total revenue, not Emeryville receipts which are unknown.
The higher the number in this bar chart, the higher the tax rate.
Higher taxes for small businesses is considered 'fair'
by the Emeryville City Council majority. 
Every other city in Alameda County disagrees with Emeryville.

New Partisanship Means Council Members May Not Vote Their Conscience Safely

 Partisan Politics at Council Means Members May No Longer Dissent Without Fear of Censure and Sanction

Priforce Punished for His Vote

News Analysis

The City Council majority broke precedent when they censured and sanctioned their colleague Council member Kalimah Priforce on December 3rd for how he voted; a thing that’s never happened in modern Emeryville history.   The sanctioning punishment, for his vote on the new Code of Ethics, is a Council action that will negatively effect governance in Emeryville far into the future.

At issue is Councilman Priforce’s refusal to promise to obey (by refusing to sign) the new ethics law after he stated the law as written is not meant to hold all Council members to account equally.  While true, Mr Priforce’s refusal to sign his name in support of the new law was a legitimate protest against it.  The refusal to sign was not illegal, nor was it unethical or immoral.  The refusal was a vote to abstain on the matter of the Code of Ethics law, a law that would constrain all Council members equally were it not for the fact that the Council majority refused to agree to an independent ethics commission overseer, a fact described by Mr Priforce at the onset as a deal breaker.  

The City Council majority 
decided to spend $7570 to send a
letter of their anti-Priforce resolution
to every Emeryville household. 
The Council majority spent the money in
spite of the recently revealed $12 million
budget deficit, the largest in
Emeryville history.

The Council’s didactic and fractious sanctioning action was unethical because it took away Mr Priforce’s right to vote his conscious, something that every voter, Council member or otherwise, always retains the right to do in a democracy.  In addition, the sanctions have had the unintended consequence of lowering public safety because Council member Priforce has been stripped of his committee liaison positions, one being the Public Safety Committee.  That committee, formerly met on a monthly basis with Council member Priforce as liaison will now meet bi-monthly without Priforce, a lessening of safety services offered to the people of Emeryville. 

It was not only Council member Priforce that warned us that a Code of Ethics without an independent ethics commission overseeing body would be weaponized against dissenting Council members (himself being the sole example), the City Attorney, John Kennedy and none other than former Council member John Bauters likewise warned the Council majority against it.

In the Council’s estimation, by his refusal to sign his name to a law he didn’t like, Mr Priforce did an unethical act as called out in their resolution.  The Council included a ‘whereas’ that states he is censured and sanctioned because, “Despite his many public statements calling for a Code of Ethics, Council member Priforce is the only Member who has not signed the attestation that he will abide by the Code of Ethics, despite voting in favor or the Code’s adoption.”  

For his part, Council member Priforce says he decided not to sign the Code of Ethics legal document put before him a month after the Council voted unanimously in favor of implementing it because his colleagues had refused to implement an accompanying independent ethics commission, something he says is necessary and what they had said they would do at the December 3rd Council meeting a month earlier.  Council member Priforce stated a Code of Ethics would be weaponized against unpopular Council members by the majority without an ethics commission stopping them.  Recent events have shown Mr Priforce’s prediction on a weaponized law has come to pass.

By refusing to implement a independent ethics commission, the Council majority placed Council member Priforce in a position where his conscience dictated he refuse to sign his name to the new law and then they used that to punish him: a ‘bait and switch’ example of unethical behavior by these Council members.  Council member Priforce, who won his 2022 election over Mayor David Mourra, is paid to vote his conscience.  That means his every vote can be a YES, NO or ABSTAIN, legally and ethically.  Ironically, irrational behavior based on the City Council members’ base emotions, in this case the hatred of a colleague, is untoward and unethical. 

The Council vote to condemn a member over their vote is done: that's a bell that cannot be unrung.  That is our history now. 

The City Council majority has gotten so partisan, the vote against Mr Priforce for voting against the Code of Ethics was not enough.  They they also chose to spend $7570.96 of the taxpayer’s money to send a US Mail letter to every Emeryville home to gloat about it.  This, during the current $12 million City Hall budget deficit, the largest in Emeryville history.  The sanctimonious letter to every Emeryville resident has a cover letter from Council member Courtney Welch, a political foe of Mr Priforce, stating the vote to sanction was not taken lightly but rather through great deliberation as if the Council, in so doing, was interested in doing the people's business instead of personal partisan recrimination. 

Politics has skewed Emeryville City Council so severely in the current age, they see scoring points against their enemy on Council as more important than doing the people’s business guarding against making worse the worst budget crisis in modern Emeryville history.  

Because dissent is necessary and even a barometer in a democratic deliberative body, from this day forward the people will know their interests are being looked after by the Emeryville City Council to the extent there are accompanying votes of censure/sanction.   If they're not censuring and sanctioning, they're not likely doing our business. In other towns the majority gets their way and then they move on.  In Emeryville, the majority gets their way and then they censure and sanction those in the minority who vote differently....and then they spend $7570 to gloat about it and then they move on.

Biggest Deficit in Emeryville History: Bauters Blames Planning Commission

 Eight Years as Chair of the Budget Committee, John Bauters Owns Emeryville's $11.8 Million Deficit

But

Planning Commission is Blamed

Mayor Welch Too Serves On the Budget Committee, Lies to Voters

The City of Emeryville has gone public with the fact it has an $11.8 million budget deficit, the worst in Emeryville history, as reported by paid consultant Brian Moura in a recent address to the City Council.  It was such an embarrassing announcement for outgoing City Council member John Bauters, the eight year Chair of the Budget and Governance Committee, that seeking a scapegoat, he blamed the Planning Commission at the November 19th City Council meeting.

Mr Moura who is unrelated to Emeryville’s vice mayor David Mourra, told the Council “In terms of this fiscal year, 2024-’25, we’re projecting an $11.8 million shortfall with a decline of revenues of $5.5 million and an increase in expenses of $6.3 million”.  An outsider expert looking in, Mr Moura said reduced development fees from what was expected drove the shortfall because  “a major component of your [Emeryville’s] revenue picture” come from such fees.  Specifically, many life science/biotech firms that had expressed interest in building lab space in Emeryville failed to materialize and with the fall out came a loss in expected revenue that would have been generated from all the fees associated with the biotech building boom.

Scooter King Emeryville City Council Member
John Bauters
He offered a boatload of taxpayer money to host
an electric scooter race in Emeryville in 2023.

Immediately upon the finish of the report delivered by the consultant, eyes turned to John Bauters, who has been the Chair of the Budget and Governance Committee for eight consecutive years.  Mr Bauters wasted no time in shifting blame, he acknowledged that all the bio-tech development fees had been put in Emeryville’s fiscal health basket but he said he wasn’t responsible.  Rather, Bauters said it is the Planning Commission that is to blame.  He said they never should have approved all the bio-tech projects developers had been proposing over the last few years, supply outpacing demand.  “Developers respond to the market and they bring [their proposals] to the Planning Commission where it gets reviewed”, Bauters said.  He went on to falsely claim the City Council (with him as mayor) doesn’t have the final say for such projects. “Rarely does it [development decisions] touch the City Council. The Council doesn't go around telling property owners ‘you should build life sciences or apartment buildings” he said, despite the fact that’s exactly what happens.  After Council member Kalimah Priforce told the assembled crowd City Council leadership is responsible for the budget fiasco and that the City should not be spending money it doesn’t have hoping against hope for big fat developer fees to balance the budget.  Mr Bauters was hearing none of that fiscally prudent talk from Mr Priforce and he doubled down on his shifting the blame to the Planning Commission, “Leadership should only take responsibility for how it budgets the City [not how the City is developed]”, he said, reversing eight years of his activism developing the city, specifically with bio-tech projects (and apartment towers).

Courtney Welch Lied to the Voters About the Budget
Photo of one of Mayor Welch's re-election flyers
She's on our Budget Committee so she knows this is false.

Council member Priforce pushed back against the excuses being proffered by the many term mayor Bauters, stating, “The leadership has to own this”.  Mr Priforce noted how the Berkeley City Council and the Oakland City Council have both listened to the developers selling bio-tech and that it is revisionist and false history for the person most responsible for this to claim he wasn’t listening as well.  All three cities built out their bio-tech sectors vigorously over the last several years, contributing to the glut in the market.  

For her part, Mayor Welch, who is the other council member on the Budget and Governance Committee, said Priforce was wrong to be blaming anyone for the historic $11.8 million deficit hole.  Ms Welch it should be noted, during her November re-election fight, told voters she should be returned to the Council because she was so assiduously watching the budget, she’s maintaining a “financial solvency city” she said on one of her campaign flyers, a claim she knew to be false when she said it.

Adding insult to injury, Councilman Bauters threw in an extra $10,000 for the taxpayers to pay, at a last minute parting grudge shot at Mr Priforce when he added the provision to print and mail to every Emeryville household, a bogus censuring and sanctioning of Mr Priforce done at his last Council meeting.  Mr Bauters didn’t say how the $10,000 in public money would be raised to help him in his personal vendetta against Council member Priforce and none of the other three Council members that voted to spend the money provided an answer to that.  Presumably it will just be added to the $11.8 million City Hall deficit, already pegged at more than $140 for every resident.  The addition of the $10,000 mailer personal vendetta against Mr Priforce as it turned out, was John Bauters last act as an Emeryville City Council member as he retires on Tuesday.

Mayor Bauters two years ago, pushed forward a city wide City of Emeryville scooter race that would have cost about $1.5 million, some coming from public coffers, with vague promises of garnering some revenue but also "raising Emeryville's visibility" he said at the time.  The sponsor of the race event pulled out before Emeryville could write the check.

Also noteworthy, in 2022, Mayor Bauters claimed to be an expert at budgeting and finance and with fiscal expertise needed at the mayor level, he said he needed to be re-appointed mayor, skipping Council member Scott Donahue whose turn it was to be mayor.  Council member Donahue was said to not be as knowledgeable about how to keep the City in good fiscal health as Mr Bauters, an assertion that set against the departing of Bauters and his $11.8 million deficit he's leaving us, now seems like hubris.

November 19th City Council meeting is below:  Budget discussion starts at 1:44:24.  The first announcement of the $11.8 million deficit occurs at 1:46:32.

https://www.youtube.com/live/o7OntshGbR0?si=ZdNb3A7VeS5As7qO

Council Member Priforce Faces 'Political Lynch Mob' at Tuesday's Special Council Meeting

 Councilman Priforce Faces Six Counts Tuesday

Condemnation Brought By Teflon Mayor

Emeryville's most dependable progressive voice on the City Council may be purged from every city committee and formally censured for ethics violations Tuesday as an aggrieved City Council majority closes ranks.  But the Council majority’s accusations against their colleague Kalimah Priforce and the process under which they were brought, raise their own questions - questions concerning the weaponization and politicization of Emeryville’s Code of Ethics ordinance.

Emeryville City Council Member 
Kalimah Priforce
The progressive conscience of Emeryville's
City Council.

The lone progressive among his more conservative colleagues, Councilman Priforce has clashed with the majority over tenant's rights and rent control, as well as local control of housing policy since his election to the Council, earning him the enmity that could now silence his voice.  The silencing will be the topic at a Council Special Meeting on Tuesday at 6:00 pm.

An inspection of six charges against Mr Priforce brought by Mayor Courtney Welch present a scattershot of violations seemingly designed less for accountability and more with retribution in mind.  Of the six, four are shown to be demonstrably false and two a politicized use of the law based on selective enforcement.  Ms Welch is also demanding an apology from Mr Priforce.

Tuesday’s censure/sanction vote comes amid a charge delineated by the city attorney and brought by the Tattler editor against Mayor Welch for also violating the Code of Ethics, however the Council majority has disregarded the charge against the Mayor.  The two disparate outcomes - Priforce and Welch, stemming from the same violation of the same ordinance at the same time, brings the specter of cronyism and corruption on the Council majority and a powerful argument for those seeking the formation of an independent ethics commission.

Because the City Council refused to allow an ethics commission to adjudicate ethics violations as other neighboring cities do, the enforcement of the Code of Ethics in Emeryville is in the hands of the City Council itself.  Findings aren't required to be factual and they don’t carry the force of law, so punishments meted out by the Council majority may be based on nothing more than their feelings.


The Charges 

Councilman Priforce faces the following six charges:

1)  Disclosure of confidential information

2)  Violations of the Fair Political Practices Commission 

3)   Failure to impress upon two candidates for Council he supported, the need to file their FPPC forms accurately 

4)   Speaking in harsh terms publicly against members of the public and specifically a City committee member

5)   Failure to sign the Code of Ethics certification

6)   Falsely claiming to be running for mayor in the November election


The Charges Examined 

1)   During Nov. 19 2023 Council meeting, Mr. Priforce, reporting on the happenings of a just concluded closed session meeting, entered into the record that Mayor Courtney Welch grew so passionate and heated in her criticisms of Mr. Priforce, that her voice could be heard by the public outside the chamber along with on the sidewalk outside the building. See video link below (go to 15:38 - 19:16) 
In addition, under California’s Brown Act, Title 5 states: "A local agency may not take any action against a person, nor shall it be deemed a violation, for doing the following: expressing an opinion concerning the propriety or legality of actions taken by a legislative body of a local agency in closed session, including disclosure of the nature and extent of the illegal or potentially illegal action."  This charge by the City Council majority against Mr Priforce is thus false.

2)  Mr. Priforce appears to have missed one or more candidate deadlines for reporting donations and campaign spending to the state Fair Political Practices Commission.  While this is concerning, it is by no means out of the ordinary, even among Emeryville candidates to fall afoul of fairly Byzantine regulations.  At the end of the day, the FPPC handles its own enforcement. The council, by weighing in, appears to be attempting to  exaggerate a pedestrian oversight into some disqualifying scandal.  Mr Priforce has since brought all his FPPC filings up to date to April 2024.  This finding is selective enforcement and therefore is political in nature.

3)  Two candidates Mr. Priforce endorsed failed to comply with certain state Fair Political Practices Commission regulations. The Council's resolution would punish these candidates by proxy, by sanctioning Mr. Priforce for their oversights.  Punishment by proxy is wrong and so this finding is false.  

4)  On the receiving end of a campaign of disparaging character attacks on social media by an advisory committee member, Mr Priforce, at a July 2023 Bike Committee meeting, asked for better online decorum and criticized that member at a Council meeting for making little effort in their application to the committee.  Council member Priforce is being subject to censure for trivial actions that took place prior to the creation of the Code of Ethics.  It represents selective enforcement with no stated statute of limitations. Charging a person before the law exists makes this political in nature.

5)  The resolution would censure and sanction Mr. Priforce for failing to sign the city's Code of Ethics ordinance. 
Mr. Priforce, who says he was a proponent of the measure, claims his colleagues undermined the ethics code by refusing to establish an independent enforcement commission. Therefore, he says, he abstained from supporting it. 
It appears as though Mr. Priforce is being accused of voting with his conscience and against what he views as a measure that could be politicized, which it appears has come to pass. How one votes, a constitutional right, cannot be criminalized by a municipality.  A Council member’s vote cannot be turned into malfeasance.  Finding number 5 is thus false.

6)  Traditionally, Emeryville's Council has rotated the largely ceremonial office of mayor. In 2023, when custom held it was Mr. Priforce's turn at vice mayor position and then the follow up to mayor the next year, the majority skipped him and instead chose David Mourra.
 This year, while campaigning, Mr. Priforce, in endorsing two other candidates, told the public that if both of his preferred candidates were successful, that he could ascend to the mayor's office.  To accuse someone of claiming to run for mayor when local citizens don't elect the mayor and the mayor's office isn't on the ballot, is patently absurd. 
The statement Mr Priforce made about running for mayor is not unethical in any way and the charge against him is therefore false.

Precedent: Censure/Sanction Reserved For Crimes

The action Tuesday by the Council majority is only the second time in modern Emeryville history censure/sanction has been invoked.  Before the Code of Ethics was written, the Council majority voted to censure Council member Ken Bukowski for public corruption.  Mr Bukowski was alleged to have voted in the interest of a private corporation on the Council while working for and taking money from the same corporation; a crime in the state of California.  Mr Bukowski denied the charges and he was not arrested but he was ultimately censured by the City Council.  Mr Bukowski was not stripped of his city committees.  The sanction punishment came later, after further tawdry behavior was revealed and it involved him being removed from all regional committees. 

Mr Priforce on the other hand, is not charged with having committed a crime but the sanction punishment, his removal from all committees including all regional committees and removal of travel benefits, is worse than what the Council meted out to Mr Bukowski for his much more egregious criminal and ethics violation.  

The City Attorney and the City Manager expressly warned the City Council in 2023 against what they have now done: weaponize Emeryville's Code of Ethics.  An independent ethics commission would almost certainly not have brought these charges against Council member Priforce and the forces within Emeryville's citizenry that have called for a commission are now given a powerful rallying cry.  People wishing fair play, less drama and bombast from their City Council will be emboldened by Tuesday's action to join their ranks. 

Here is a petition concerning the formation of an Emeryville ethics commission:  https://www.change.org/p/establish-public-ethics-oversight-in-emeryville-california

The video that landed Mr Priforce in hot water with the Mayor of Emeryville is in the link below.  Go to 1:18:11 - 1:21:49 in the video to see the comments from Mr Priforce that so outraged the Mayor that she brought charge #1 (disclosure of confidential information) against him.  Watch the video and ask yourself: Is an ethics charge warranted?  Any normal (disinterested) person will say NO.  This video shows the level of depravity that now exists among the anti-Priforce zealots on the Emeryville City Council majority.  Council member Priforce said NOTHING that could even loosely be considered unethical yet he now faces charges for that.  Please judge for yourself:

https://www.youtube.com/live/o7OntshGbR0?si=E8PF9H9jHiy1AHxc

Advertisement from Council member Priforce encouraging people to attend Tuesday night's event.

Cryptocurrency Titan's Last Minute Money Dump to Mayor Welch for Her Re-Election Bid

Breaking News:

Cryptocurrancy Bro
Jesse Pollak
He sees a good investment 
in Courtney Welch.

Emeryville City Council member (mayor) Courtney Welch’s re-election campaign received $5000 from right wing cryptocurrency entrepreneur Jesse Pollak in the last FPPC cycle before the election.  Ms Welch, who has long denied any connection to corporations and taken on a campaign slogan of “Working for the People”, seems to have waited until the very end to accept the money, upping her chances at election without having to explain the corporate money. Council member John Bauters has also taken money from the tech bro gazillionaire (and others) even as he denied it to various groups he sought endorsement from. 

Councilwoman Welch has flat out denied allegations of being a corporate Democrat from many progressives in the East Bay and she has publicly punched back against any making the allegation.  

Mr Pollak is part of a group of very wealthy right wing campaign donors who are funding the anti-labor candidacy of John Bauters for County Board of Supervisors and to swing the recall campaigns against the Alameda County DA and the Mayor of Oakland.

After the election, Ms Welch will presumably have a harder time denying she is a corporate Democrat (unless she goes with a Trump style double down).

Labor Day Lies From Bauters and Welch

 Bauters' Audacious Labor Day Message

Mayor Welch Joins the Prevaricating & Pontificating Prose

Opinion

Happy Labor Day, Emeryville community!  It’s a nice thought that people can wish happiness for the community on this day we honor labor but like nearly everything else in post Trump America, even this has been co-opted and wrapped up in a lie by politicians seeking personal gain at the expense of the community.  Even here in Emeryville.  

Take the audaciousness of Council member John Bauters in his social media blitz today as he campaigns for the Alameda County Board of Supervisors race.  It’s shocking but not surprising that Council member Bauters is going around telling potential voters in the county, he supports labor.  It’s a deceitful re-write of his record.

People who have lived in Emeryville for more than a few years remember how Council member Bauters led a drive to drive down the wages of the poorest working people in Emeryville when as mayor, he rolled back Emeryville’s landmark and progressive Minimum Wage Ordinance.  Actual low paid workers struggling to make it on minimum wage were going to have their wages cut if Bauters had been successful.  Luckily, the Alameda Labor Coalition fought back and by a massive last minute resident signature drive, forced Bauters to back down.

It’s true that Mr Bauters has gotten the endorsement of police and fire fighter’s associations (some call them “unions”).  But those associations are not real unions.  You can tell because police officers and fire fighters NEVER walk fellow union members’ union picket lines like all union members are supposed to do.  Remember, the word is UNION.  The Carpenter’s Union did endorse Bauters but that’s because his public policy works for large development corporations.  The Carpenters' are making a bad calculation that by breaking with their union brothers and sisters, they will get rewards from all the new development Bauters says he will bring.  Splitting unions like this is part of the anti-union corporate playbook it should be noted.

John Bauters and his protege, the corporatist Democrat Courtney Welch (who is now Mayor and who said she “supports Bauters 100%”) are using Labor Day to convince voters Bauters’ record on labor is not his record.  It’s Trumpian in its shamelessness and dark, calculating disposition.

 We know you and we remember, John.  You are lying when you tell voters who don’t know you that you will “fight to protect workers’ rights, fair wages and safe working conditions”.  We hate this kind of cynical politicizing and hoodwinking.  The truth will be told about your record and Alameda County voters will know you don’t value labor if we have anything to say about it.  You can say what you will about other things you have fought for, like LGBTQ+ rights.  We won’t take that away from you, John.  But we will intervene when you lie about your record on labor rights.  

Happy REAL Labor Day, Emeryville.  

Say what you will about Councilman Bauters, but 'willing to fight for
fair wages' is an outright lie. Many politicians lie, of course.  We're not so 
deluded to think otherwise but when we see a brazen lie like this, especially
by an elected official, we report it here at the Tattler.

This is not a politician trying to put a positive spin on something they are exposed on.  This is just 

a lie.

Emeryville City Manager Announces He's Quitting

 Paul Buddenhagen Lasts Less Than Two Years as Emeryville City Manager

Is City Hall Dysfunction a Reason For His Departure? 

And so another Emeryville City Manager bugs out.  

Paul Buddenhagen announced to the people of Berkeley yesterday he will be leaving his Emeryville job where he’s been for less than two years, to take up the position of Berkeley City Manager.  While he will take a much larger salary than the $280,000 he receives in Emeryville, that fact was not mentioned as a contributing factor.   Mr Buddenhagen is familiar with Berkeley, having served as Berkeley’s Deputy City Manager before his Emeryville stint.

During his short stint in command at Emeryville, Mr Buddenhagen’s governing style dovetailed with the City Council majority.  One of his first acts was to close down Emeryville’s formerly popular ‘Coffee With the City Manager’ program that invited average citizens to come to City Hall to freely ask questions and solicit ideas.  Coffee With the City Manager has been a once a month scheduled event since 2015 (with a break during Covid), started by then Manager Sabrina Landreth.  Every Emeryville City Manager up until Paul Buddenhagen continued on with the tradition. 

Paul Buddenhagen
Emeryville's newest former City Manager.
Despite a guiding philosophy matching the 
City Council majority, he departs in September.

 

The curtailing of citizen engagement has not happened in a vacuum.  The City Council majority, led by the two termer John Bauters, has largely forgone accountably, commanding a government famously unresponsive to its constituents.  Mr Bauters and now Mayor Courtney Welch have tightly controlled citizen participation, disallowing constituents or the local press access.  Unlike previous Council members, they are not available - not by phone, emails or any other venue.  The only way the Tattler has been able to get any answers to questions at all from Mr Bauters has been as a result of rushing him with our camera as he is caught in public.  Mr Buddenhagen has also governed with a ‘no public access’ policy, probably taking his cues from Mr Bauters.  Notably, two Council members do make themselves available to answer constituent’s questions, Vice Mayor David Mourra and Council member Kalimah Priforce.

Mr Buddenhagen has managed City Hall with an illiberal undemocratic guiding philosophy with timidity as a default.  In response to a man with a camera, he permanently closed down more than 90% of the people’s building in 2023.  More recently he closed down the popular Zoom capability for citizens to remotely speak at meetings because of some Nazis who had called in with racist comments. 

While it is compelling that the City of Berkeley is offering Mr Buddenhagen more money than Emeryville is willing to pay, we can’t be sure that's the only or even the primary reason for his leaving.  For the last two years, the Council, controlled by Mr Bauters and gladly taken up recently by Ms Welch, has been a locus of uncivil and boorish behavior.  Recriminations are routinely handed down from the dais against citizens as well as against the dissenting Council member Priforce.  The dysfunction and turmoil may have contributed to Mr Buddenhagen’s decision to depart.  

City Manager Buddenhagen will leave for Berkeley in September.  He did not answer calls for this story.

Mayor Welch Becomes the ‘Candace Owens’ of Emeryville, Lashing Out Against Critics

Mayor Courtney Welch Makes a Slashing Power Play For a Rare Political Opening

Lame Duck ‘Strongman of Emeryville’ John Bauters Leaves Political Vacuum Welch Seeks

Emeryville’s Mayor Goes on Bullying Offensive Against Her Constituents, Colleague and the Local Media

News Analysis

Emeryville residents might be wondering and alarmed at Mayor Courtney Welch’s increasing childish attacks against critics, especially her social media tirades against her council colleague Kalimah Priforce and the editors of both of Emeryville’s online news journals.  Giving away her pugilist and impolitic impulses, many citizens have noted how Mayor Welch finds comfort in unleashing streams of invective rhetoric against anyone with the temerity to challenge her. What many hoped the City’s recently adopted Code of Ethics would temper, Mayor Welch’s increasing attacks have continued undiminished, even increased.  This sort of divisive politics, rampant across much of America, has landed in Emeryville to the dismay of many.

Mayor Courtney Welch: Bully
Ask for accountability and wait for the fireworks.
All chaotic dysfunction mode all the time.
Regardless, she says she's "fighting for the people".
Which people?  Developer people?

The pettiness coming from Ms Welch may be illiberal but it is not without reason as it turns out.

After former mayor and indubitable ‘Strongman Leader of Emeryville’ John Bauters’ announcement in December that he would be seeking an Alameda County Supervisor Board seat, he  automatically vacates his council seat come November. This has created a gaping political vacuum of influence with potentially one of four council members to fill.  Ms Welch appears to be seizing the strongman position with her style of ‘mean girl cheerleader’ rancor against any would-be challengers.

The persistent brashness of relentless attacks by Mayor Welch serves to highlight the rare and seductive power that the unwritten position of ‘Strongman Leader of Emeryville’ embodies. Indeed, there have only been two of this archetype in Emeryville politics over the last 35 years; long term Council member Nora Davis (1987-2016) and John Bauters (2016-2024). Owing to our peculiar and seemingly entrenched political culture, since the mid 1980s, the Strongman Leader of Emeryville exercises unwarranted power over our town with the aid of a compliant, subservient council majority made up of sycophantic minions. 

In this way, both Davis and Bauters employed developer-friendly stances with no effective opposition.  Dissident Council members in the minority over the last 35 years have been progressive but ineffective.  Council member Priforce now serves as the lone dissenting progressive voice.  Through the 80s, 90s and 2000s, Jennifer West, Jac Asher, John Fricke and Greg Harper stood where Priforce currently stands, but Mr Priforce’s Brooklyn born scrapper-style bravado seems like a new kind of opposition. 

With a conspicuous onslaught of unprecedented public taunts and attacks against her critics online and in the council chambers, Ms Welch’s combative style is conjuring up the bad girl Candace Owens of Fox News fame - the bombastic political commentator that vilifies progressives and utilizes social media as her most powerful tool.

Notable is a fresh series of tweets against E’ville Eye editor Rob Arias who has been critical of her online behavior.  In the past, Mayor Welch outed Mr Arias online for defrauding Emeryville’s Below Market Rate (BMR) housing program, leaving herself open to investigations into her own BMR rental status to be challenged by the Emeryville Tattler after discovering inadequate reportings of her household income; violations which would have disqualified most people.


Lame Duck City Councilman John Bauters
He replaced Nora Davis as Strongman Leader
but now his star is beginning to set in Emeryville.




Attacks against Mr Priforce’s dissenting voice on the Council have emanated mostly from Council member Bauters, but notable is the co-joining and ramping up of attacks by Mayor Welch of late.  On numerous occasions, Ms. Welch has retweeted (the “X” platform formerly known as Twitter) Mr Priforce’s tweets with spurious charges thrown against him.  Regardless of provocation, Mr. Priforce, it should be noted, has never taken to social media to attack Ms. Welch, and has shown restraint from criticizing his colleague's posts.  

Given our town’s proclivity for enabling the ‘Strongman Leader of Emeryville’ role beyond that which is normal, it is easy to imagine how the Mayor’s recent power play will work out to her advantage.  The barrage of attacks against the local media and her lone progressive council colleague can be interpreted as a show of force directed at her remaining colleagues, Council members David Mourra and Sukhdeep Kaur.  Lacking the audacity of Mayor Welch, Mr Mourra and Ms Kaur are being expected to fall-in-line as her minions, as they did earlier for Mr Bauters.

Calling herself “A fighter for the people,” without specifying which people (corporate developers and landlords are people) and without recognizing the irony, the ambitious Courtney Welch, like John Bauters, is likely using the position of Strongman Leader of Emeryville, as a launching pad for her quest for higher political office beyond Emeryville.

After realizing the path was closed to her by way of the Oakland City Council in the city she lived up until two years ago, Ms Welch saw our town as a place where she could bide her time and build her name. Less than two months after moving to Emeryville she began her campaign for City Council.  Less than a year after winning, she along with former Council members Dianne Martinez and Ally Medina, requested a collegiality pledge from Democratically-endorsed candidates to sign, agreeing to always be respectful and courteous as Council members.  The promise for comity was short-lived after Priforce faced attacks of “sexism,” for suggesting that Welch or Medina be selected as mayor rather than a second term for Bauters.

In an attempt to decrease hostilities in City Hall, an Emeryville Code of Ethics, inspired by Emeryville residents Elizabeth Montgomery and Eugene Tssui, was adopted which all five Council members supported.  Regardless, Mayor Welch sees her next step is to become Strongman Leader of Emeryville now that John Bauters will be leaving us and she feels the best way forward is to publicly attack all critics.

From Emeryville’s Code of Ethics:

“The professional and personal conduct of Council Members must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other Members, the public, and staff. This requirement is applicable to Members at all times.”

“The constant and consistent theme through all of the conduct guidelines is “respect.” Members are called upon to exhibit appropriate behavior at all times.  Demonstrating respect for each individual through words and actions is the touchstone that can help guide Members to take appropriate action even in the most difficult situations.  In all cases, this common goal should be acknowledged even though individuals may “agree to disagree” on contentious issues.”

Below is just a small sampling of the witty repartee from our Emeryville mayor (dishonor yourself much?).  It's all about punching down and remaining unaccountable.  It's too bad our Code of Ethics has no teeth.

Mayor Welch can't stand journalists that hold her to account.

How convenient!  What other pol also trashes journalists?  

Hint: initials are DJT.

City Hall to Shut Down Public Phone-in Comments in Reaction to Nazis

 At City Hall, It's Nazis, 1, the Council, 0

Opinion

Emeryville City Manager
Paul Buddenhagen
Democracy must suffer in order to
go after Nazis or men with cameras.

The Nazis are back!  The same group of five Florida based residents are once again phoning in their special brand of hate to our Council Chambers.  Tuesday night, hoping to make a bigger impact, they kept rotating between themselves, using different names and trying to disguise their voices so they could turn the five of them into 15 commenters.  Mayor Courtney Welch kept playing 'wack-a-mole', cutting their mics at the first whiff of disruptive hate speech but a new one would simply take his place albeit with a new improvised voice pattern.  This childishness flummoxed the Mayor who kept allowing the “new” ones to speak, even though it was obvious it was the same five, taking turns over and over. 

After the theatrics finally died down, the City Manager Paul Buddenhagen made a hair-on-fire announcement: all citizen phone-in comments are to be curtailed at council, planning commission and committee meetings “for the foreseeable future” he said.  Take that, Nazis!

It wasn’t supposed to work out this way.  The popular phone-in option at City meetings started in 2020 in response to the Covid pandemic and was continued on afterward, constituting what came to be known as “hybrid” meetings, meaning in-person comments and phone-in comments are both available to the public.   After City Hall noted a substantial uptick in citizen participation, the hybrid meeting format became settled and permanent Emeryville policy by Council fiat.  The idea was that a much greater number of people would attend meetings if they were made more convenient.  And it worked. 

But then the Nazis came to town.

The Emeryville City Council is right to disallow disruptive hate speech and they should cut the mic of anyone doing it.  Racist hate or any speech targeting people for who they are is not public meeting free speech but profanity IS Constitutionally guaranteed free speech.  But City Hall is now taking that out too.  Perhaps seeing the Nazi ‘crisis’ as an opportunity, the delicate Emeryville City government is now also stoping the use of profanity for citizens, so perturbed they are over these four letter word using Nazis.  This is another panic driven over-reaction and we will challenge this.

To react like the City Council is doing is to put the Nazis in the driver’s seat.  With the harsh anti-democratic prohibitions in place, it can fairly be said these Nazis are now driving public policy in Emeryville.  This kind of over the top reactionary response from City Hall is just what the haters want.  The Council needs to calm the fuck down.  The use of profanity is a Constitutional right.  Racists and fascists are everywhere in America now.  We’re not going to let Nazis destroy our city and we’re not going to let the City Council destroy our city (in order to save it).  We’re going to continue on with democratic governance here, just as we always have.  

So City Council, reel in your City Manager and let the Nazis phone-in and speak.  And let the democracy loving people phone-in and speak and let them all use Constitutionally supported free speech.  When the Trump crowd spews their meeting disrupting hate filled venom, cut their mics.  Don’t make Emeryville residents suffer a major loss of access in order to try to strike a blow against Nazis. Nazism should not be on par with our Emeryville government.  We’re supposed to be better than them.    

Too Conservative for Alameda County Voters: Councilman Bauters Tries To Hide From His Record

 Supe Board Election Quandary:

Alameda County Voters Are More Progressive Than Councilman Bauters

His Anti-Labor, Pro-Corporate Record Vexes

News Analysis

Four days after announcing his re-election campaign for November’s Emeryville City Council election, John Bauters now says he will run for District Five of the Alameda County Board of Supervisors, a position that would disallow him to serve on the City Council.  It was not something planned.  The Supervisor seat was suddenly made available in a surprise announcement from the veteran politician Keith Carson, who after 32 years, says he will retire from the post.  

City Councilman John Bauters
He is hoping Alameda County progressive voters
don't check out his record in Emeryville.

The swift pivot away from Emeryville by Bauters reveals where his priorities and loyalty lies.  Although the bigger-than-Emeryville ambitions of our current City Councilman may not be surprising to all, what is baffling is how Mr Bauters, a centrist corporate Democrat by most measures, sees himself fitting in at the seat of power in arguably the most progressive county in California.

The seat Mr Bauters seeks is taken by Mr Carson, a progressive Black man and Berkeley resident who has long time and loyal support from the progressive community in Oakland and Berkeley.  If they knew of his record in Emeryville, it’s unlikely Alameda County progressives would vote for John Bauters.  Indeed, it will be up to Mr Bauters to keep his corporatist, anti-labor record quiet as he accentuates his positives in his soon to be ubiquitous campaign literature. 

Outside of little Emeryville, few know his record:

— Council member Bauters led a drive to roll back the wages of the poorest workers by rewriting City Hall’s landmark minimum wage ordinance.  

— More recently, Mayor Bauters disallowed even a council discussion of a resolution in support of a ceasefire in Gaza brought by Councilman Kalimah Priforce.  

— On the housing front, Bauters has been such a steadfast supporter of the developer lobbying group YIMBY (Yes In My Back Yard), it earned him the title of the most YIMBY mayor in the most YIMBY city in California by the San Francisco Chronicle.  YIMBY California, headquartered in Sacramento, lauded Mayor Bauters with their highest praise when they presented him with the coveted “Developer Shill” award.  

— Even in his self congratulatory category of bicycling, Mr Bauters, doing the work of the business community, refused to implement our Bike Boulevard network, putting bikers at risk and disallowing the idea that Emeryville could have quiet streets for bikes (and pedestrians).  Not one of Emeryville’s five bike boulevards has been implemented during his time here on the Council.  His Emeryville record on bikes is pushed down hard enough that when speaking to outsiders, he feels comfortable enough to cast himself as “America’s Bike Mayor” in the Supervisor race. 

          .                .                .

In 2019, working on behalf of the Emeryville business community, Mr Bauters assembled a last minute majority coalition on the City Council to stop the impending implementation of Emeryville’s landmark minimum wage ordinance, depriving the working poor in town of a living wage.  Only by direct action leafleting and a door-to-door petition drive was the Alameda County Labor Council able to mobilize to stop Bauters’ wage roll back legislation.  Raising the minimum wage has proven to be very popular with Emeryville voters despite their pro-business Councilman.

Mr Bauters has also assembled an activist pro-housing developer majority on the Council that has closed off the things Emeryville citizens want, as expressed in their General Plan.  Things that developers could help pay for....like parks.  All must be set aside in order to enable developers to build more market rate rental housing as Mr Bauters himself says.  He states rents will eventually lower, they will trickle down, when we give developers dominion over our housing policy.  In this way, City Hall must never be allowed to constrain corporations that want to maximize profits by building more rental apartment towers he says.  We must sacrifice all to the “housing emergency”, even the building of parks and other things essential to livability, must be sacrificed, he announced.  

What Councilman Bauters fails to mention is that Emeryville has built more market rate housing than any other city in the East Bay.  In fact, every year, for more than twenty years, Emeryville has exceeded its housing requirements as delineated by the Association of Bay Area Governments (ABAG).  Mr Bauters lets the actual housing shortage outside of Emeryville’s borders and a little legerdemain serve as rational for not asking developers anything in trade for permission to continue the building boom, done at the citizen’s expense.

But perhaps the most disturbing quality of Bautersian politics is the undue attention he gives forwarding his political narrative, a level of control that he demands and he gets as a result of never being accountable to the people.  Mr Bauters will not answer questions from the public if the questions are tough or tend to put his Council work in a bad light.  He has brought to the Emeryville City Council a new hermetically sealed culture where the public is seen as undeserving of answers to their questions about public policy.  In this regard, Councilman Bauters will not talk to the local press, not by email, phone, text or in person.  He has never held a press conference and public meetings are structured by California’s Brown Act in such a way that questions can never be answered there.  

Unfortunately, this lack of accountability has been infectious: other City Council members are now also following the Bauters directive on silence in the face of public questions; namely members Courtney Welch and Sukhdeep Kaur.  But outside of Emeryville, citizens will likely take umbrage at the prospects of their pols being so cloistered.  Alameda County voters, famous for their insistance on government accountability, will not likely take to a lack answerability at their Board of Supervisors siting down, setting up a possible season of discontent at the Board were Bauters to win.  The idea that a corporatist, anti-labor Democrat taking the seat of Keith Carson may also rub Alameda County voters the wrong way.

The election is  March 5th with a runoff election in November if no candidates get more than 50% in the March vote.  If Mr Bauters were to win a seat on the Board of Supervisors, he would have to vacate his Emeryville City Council seat.

The Board of Supervisors District Five consists of Berkeley, large parts of Oakland, Piedmont, Emeryville and parts of Albany.

Council member Bauters did not return calls for this story.