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Thursday, May 23, 2013 | 1:51 a.m.

Posted: 7:04 a.m. Thursday, March 21, 2013

Audit: Oakland officials illegally interfered in bidding process

Delsey Brooks Oakland audit March 21
Delsey Brooks Oakland audit March 21

KTVU

OAKLAND, Calif. —

Two elected Oakland city officials have violated the city’s charter by interfering with the bidding process for a major construction project and may face charges, according to a report issued Thursday by Oakland City Auditor Courtney Ruby.

Ruby said she plans to turn over the results of the audit – triggered by questions surrounding Oakland’s efforts to redevelop the now closed Oakland Army Base – to the district attorney’s office and to the state Fair Political Practices Commission.

Those two bodies will determine what – if any – charges may be faced by Oakland Councilwoman Desley Brooks and Councilman Larry Reid.

In her audit, Ruby found Brooks had violated the charter 12 times and Reid once. The audit also uncovered one violation by a person on Reid’s staff who tried to fix parking tickets.

When asked about the audit results, Brooks denied any wrongdoing.

"The information she is provided is not accurate," Brooks told KTVU. "Time will tell.

Reid, meanwhile, questioned why the audit only targeted the two African American members of the council.

In a statement released with the audit report, Ruby didn’t mince words.

“This report strikes at the very integrity of Oakland’s government,” she said. “Employees should be able to do their jobs without being subjected to undue influence from Councilmembers; and citizens and businesses should be able to live and transact business in a city that they know plays by the rules. If Oakland’s leaders fail to enforce such a vital and fundamental provision of the law, we are breaking our most basic promise to the citizens, which begs the question -- why are we even here?”

Specifically, the audit found Reid and Brooks directed staff to work with one contractor (Turner Construction Group) on the Oakland Army Base demolition and remediation contract worth approximately $2 million dollars.

But in a letter to Ruby that's included in her 64-page report, Reid said, "Under no circumstances did I, at any time, direct staff to issue a RFP (request for proposals) on behalf of the Turner Group as it relates to the Oakland Army Base development or any other development project within the city of Oakland."

Reid said he was only trying to make sure that local firms had a good chance of getting the contract, which originally was set to go to an out-of-town firm through a non-competitive process.

Other violations included a Brooks interfering in the operations of two recreation centers and threatening to have an employee removed from a project.

The audit confirmed interference at the Rainbow Teen Center by Brooks who selected contractors to provide services, as well as negotiated the agreements and established the contract terms for the City.

Additionally, the audit found Brooks pressured staff to get a vendor paid immediately, set project deadlines, and hired nine individuals to work at the recreation center.

Further, the individuals began working at the recreation center despite their lack of drug and criminal screening – requirements mandated prior to working with children and youth.

As part of the investigation, the audit interviewed more than 40 employees, reviewed 27 hotline reports, and examined thousands of Councilmembers’ and Council Aides’ emails and select phone records.

The audit was not designed to account for all occurrences of interference nor did it catch all instances of interference during the audit’s scope, which spanned 2009-2012.

The audit’s aim was to identify and then determine the extent of City Council interference and provide recommendations that will help the Administration and the City Council mitigate future violations.

“The bar should not be set by the Councilmembers who are breaking the rules; it should be set by those who are working to make government operate with integrity,” said Rudy in her statement. “I believe the majority of the current City Council is working toward that end. Only time will tell if Oakland can regain the trust of our employees, citizens, and businesses.”

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