Political Playback: California Capitol News You Might Have Missed    

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Supreme Court of California

By Bo Tefu and Antonio Ray Harvey | California Black Media

Calif. Supreme Court Concurs: Racial Slurs Can Be Considered Harassment

The California Supreme Court reinstated a racial discrimination lawsuit filed by a Black woman in the San Francisco Attorney’s Office after a coworker used a racist slur against her.

Twanda Bailey filed the lawsuit arguing that a human resources manager mocked her stating that the worker’s compensation she claimed was not a “real issue.”

Bailey worked as an investigative assistant at the DA’s office when she sued the city in 2015. A Superior Court and appellate court ruled against her. The courts argued that the incident did not meet the legal bar for discriminatory conduct. The court says its decision was based on a single reported incident from a coworker with no direct power rather than repeated harassment or retaliation.

However, the California State Supreme Court revisited the case and overturned the appeals court ruling. The new ruling obligates the judges to reconsider the lawsuit in the context of broader office relationships rather than an isolated incident when a racial slur was used against Bailey.

Justice Kelli Evans acknowledged the historical context of the racial slur in a unanimous decision by the court judges.

“We conclude that an isolated act of harassment may be actionable if it is sufficiently severe in light of the totality of the circumstances, and that a coworker’s use of an unambiguous racial epithet, such as the N-word, may be found to suffice,” wrote Justice Evans in the court ruling.

Bailey claimed that the coworker who used the racial slur had a track record of mistreating Black women.

A week later, Bailey’s coworkers denied the claim and a supervisor failed to file a formal complaint about the incident with HR management. The HR officer, Evette Taylor-Monachino, refused to file a complaint that would escalate the issue and accused Bailey of creating a hostile work environment for the accused coworker.

San Francisco Floats Plan to Pay Welfare Recipients $100 a Week to Stay Sober

San Francisco city officials proposed a welfare program paying $100 per week to stop people from using drugs, an incentive program encouraging sobriety rather than punishment to curb the fentanyl crisis.

On July 29, Mayor London Breed announced the program “Cash Not Drugs” that aims to reward welfare recipients with $100 weekly if they test negative for illicit drugs. Eligible recipients would receive the funds as a gift card or electronic benefit transfer for a card used by similar government programs.

Breed announced the program at City Hall during a press conference.

“I want to make it just as easy to get treatment as it is to go out there and buy dope,” said Breed. “Whatever it takes to get people on the right path — that’s what we need to do.”

So far, the city has invested $20 million in abstinence-based programs in the past few years, Mayor Breed added.

Despite arresting hundreds of drug users, the city continues to experience a high number of fatal drug overdoses.

Matt Dorsey of the San Francisco Board of Supervisors said the proposed legislation will scale up the city’s efforts to make a profound impact.

“If we can make progress to help people get on the other side of their addiction, we will see progress on all kinds of things — from street conditions to retail theft too, hopefully, and most importantly, reversing the level of overdoses,” said Dorsey.

LAPD Officer Punches Handcuffed Black Man in Watts

Los Angeles officials are investigating an LAPD officer for a violent incident that video recording showing the cop punching a handcuffed African American man.

Alexander Mitchell, the man getting arrested in the video, was handcuffed with his hands behind his back when the cop punched him, hitting him on the jaw.

The viral video has caused public backlash on social media calling for the officer to be charged.

The accused officer seen in the video has been taken off the streets as authorities investigate the incident, the LAPD posted on the social media platform X.

The LAPD later released a statement claiming that Mitchell resisted arrest but was sent to a nearby hospital for medical clearance before booking.

Authorities stated that the officers saw a vehicle with heavily tinted windows and assumed the car was empty. But they later discovered that Mitchell was inside and ordered him to get out of the car.

“As a crowd began to gather around the scene, additional backup was requested,” the LAPD stated.

“During the handcuffing process, Mitchell resisted by refusing to place his hands behind his back and grasping his front waistband/pocket area with his right hand, preventing the officers from securing him. An officer then struck Mitchell on the right side of his face, enabling the officers to complete the handcuffing,” the authorities stated.

Civil rights leaders and organizations urged L.A. District Attorney George Gascón to file charges against the unnamed police officer.

Najee Ali, director of Project Islamic Hope likened the video to previous violent incidents similar to the LAPD beating of Rodney King caught on video in 1991.

“It’s shocking that this officer would assault a handcuffed man who’s already restrained. It’s not resisting. It’s as if they hadn’t learned anything since the Rodney King beating, which is also videotaped,” said Ali.

“He doesn’t deserve to be on the force. He deserves to be in handcuffs sitting in a jail cell,” Ali added.

Local Leaders Welcome Gov. Newsom’s Plan to Clear Homeless Encampments

Community leaders from across California backed Gov. Gavin Newsom’s executive order allowing state agencies and departments to enforce policies that clear homeless encampments.

The directive, announced last week, comes after the United States Supreme Court’s ruling that lawmakers can impose fines and jail time on homeless people sleeping or camping outside. The state is working with community-based organizations and county agencies to help local governments create policies that address encampments in their counties.

According to the executive order, the state has awarded $24 billion to multiple agencies and departments, offering housing and homeless support services for residents statewide. Local government officials in various counties partnered with the state to support vulnerable people who live in encampments.

California’s big city mayors and county officials welcomed Gov. Newsom’s directive and partnered with the state to address homelessness with urgency and meaningful action.

Sacramento Mayor Darrell Steinberg supports Newsom’s executive order and is eager to work with the state to improve state programs and services for homeless people.

“The guidance is really consistent with our two-pronged approach. I believe in compassionate enforcement. I don’t believe people should be living in squalor in these large tent encampments. Compassionate enforcement and aggressively increasing capacity on the shelter side, on the services side and on the housing side, is the key,” said Steinberg.

Graham Knaus, chief executive officer of the California Association of Counties, looks forward to collaborating with state and local government leaders to provide shelter and health services.

“California’s 58 counties will continue to work together with the Governor and share his sense of urgency to make meaningful progress to clean up our communities, support those in need of shelter, and to provide behavioral health services to those who need it most,” said Knaus.

Ed Chief Tony Thurmond Plans to Build 2.3 Million New Housing Units on Land Owned By Schools

California State Superintendent of Public Instruction (SPI) Tony Thurmond revealed a plan last week to build nearly 2.3 million units of affordable housing for teachers on extra land owned by school districts statewide.

The plan aims to address the shortage of teachers and affordable housing in the state by offering units to educators and staff at reasonable prices.

A few school districts, including the Los Angeles Unified School District (LAUSD), have built affordable housing for educators and staff. The LAUSD has three developments that offer 185 units. The state is in the process of examining eight potential sites for future housing projects in the school district.

Nick Melvoin, board member of the LAUSD, supported Thurmond’s plan and wants to expand development projects in the school district.

“As stewards of the public trust, and a huge real estate portfolio, and public dollars, I’m a big believer in utilizing what we have for the public,” said Melvoin.

“Taking the land that we have and the (housing) needs that we face, and creating affordable housing for our workforce, just seems like a real no-brainer,” he said.

Thurmond backed the school district’s initiative and wants the state to expand development projects that provide educators and staff with affordable housing options.

“While we are working on strategies to help increase educator pay, building educator housing helps districts work through staffing shortages that threaten the success of our students,” said Thurmond at a press conference July 30.

“We believe this effort is a critical solution for tackling the housing crisis, the educator shortage, and for providing key resources that will ultimately drive student success,” he said.

Newsom’s Office Responds to Chevron’s Decision to Move to Texas

Gov. Gavin Newsom’s office says he is not surprised about Chevron’s announcement on Aug. 2 that is relocating its headquarters to Houston, Tex., after being in California for the last 40 years.

According to Governor’s Office spokesperson Alex Stacks, the announcement by the oil company, based in San Ramon, is old news to the Newsom administration.

“This announcement is the logical culmination of a long process that has repeatedly been foreshadowed by Chevron. We’re proud of California’s place as the leading creator of clean energy jobs – a critical part of our diverse, innovative, and vibrant economy,” Stacks said in a statement to California Black Media.

Chevron has 7,000 employees in Houston and about 2,000 workers in San Ramon. It operates crude oil fields, technical facilities, two refineries, and services more than 1,800 retail stations in California.

According to CNET, Computer Network, regarding fuel quality, discounts, and convenience, Chevron’s national chains scored “the highest points in overall customer satisfaction” in 2022. The company is scheduled to move to Houston by the end of 2024.

“There will be minimal immediate relocation impacts to other employees currently based in San Ramon. The company expects all corporate functions to migrate to Houston over the next five years. Positions in support of the company’s California operations will remain in San Ramon,” Chevron shared in an Aug. 2 press release.

Assembly minority leader James Gallagher (R-Yuba City) stated that Chevron’s move to Texas is due to Newsom’s failed policies. Gallagher is under the impression that the oil company’s decision to leave the state will have a negative effect on Californians.

“This is an entirely predictable consequence of Gavin Newsom’s constant demonization of the companies California depends on for energy, jobs and tax revenue,” Gallagher stated on Aug 2.  “As Californians continue to struggle with the highest gas prices and unemployment of any state in the nation, they know they are paying the price for Newsom’s political stunts. No wonder his approval ratings are at a record low.”

U.C.’s First Black President Michal V. Drake Announces Retirement

The president of the University of California Dr. Michael V. Drake announced last week that he will step down this academic year, after five years of leading the nation’s largest public university.

Drake, 74, served as the university’s first Black president in the system’s 150-year history. The UC system enrolls approximately 300,000 students. During his time of service, he led the university through the COVID-19 pandemic, labor strikes, and campus protests.

In his farewell letter, Drake said that serving in the leadership role was, “the honor of a lifetime.”

“I am immensely proud of what the UC community has accomplished,” said Drake in a statement issued July 31.

“At every turn, I have sought to listen to those I served, to uphold our shared UC values, and to do all I could to leave this institution in better shape than it was before. I’m proud to see the University continuing to make a positive impact on the lives of countless Californians through research, teaching, and public service,” he said.

Drake secured a budget increase of 5% annually over five years from the state. The state funding helped the 10-campus university system increase enrollment and make college more accessible to underrepresented students.

Gov. Gavin Newsom recognized the university president for his service and commitment.

“President Drake took the reins of the University of California during the height of the pandemic and has led with grace and vision in the years since,” said Gov. Newsom in a statement.

“He has used his decades of experience to advocate for better access to higher education for all Californians and has always fought for academic excellence,” he said.

California Provides $133 Million for Behavioral Health Bridge Housing

Gov. Gavin Newsom announced last week that the state is investing nearly $133 million into behavioral health bridge housing to help homeless people recover and gain stability.

The state has provided $132.5 million to 10 county behavioral health agencies that are part of the Behavioral Health Bridge Housing (BHBH) Program under the Department of Health Care Services. With state funding, counties can offer temporary safe housing and support services for homeless people transitioning to permanent housing.

The bridge housing program helps local governments address the homelessness crisis and provide services for people dealing with mental health or substance use disorders.

Newsom urged Chairs of California’s Boards of Supervisors to establish conservatorship reform.

“Bridge behavioral health housing is a crucial component of our larger work to meet the needs of Californians experiencing homelessness who have serious mental health or substance use disorder treatment needs and require urgent housing to stabilize and recover,” Newsom said.

The state has partnered with nine counties to implement the Community Assistance, Recovery, and Empowerment Act as part of the CARE Court program. The program provides health service plans and resources for people dealing with untreated psychosis.

Newsom said the program is, “also just a piece of the puzzle for solving our homelessness and behavioral health crises – that’s why our counties must step up and implement conservatorship reform and the CARE Court program. My administration continues to provide local governments with the tools to tackle this crisis head-on – the time for action is now.”

Attorney Gen. Bonta Human Trafficking Taskforce Recovers Victims at San Diego Comic-Con Convention

A human trafficking sting spearheaded by the San Diego Human Trafficking Taskforce (SDHTTF) resulted in 14 arrests and the recovery of 10 victims attending the Comic-Con Convention, authorities stated on July 30.

Attorney General Rob Bonta appointed the SDHTTF to recover victims of sex trafficking and target sex buyers that use the San Diego Comic-Con Convention to seek out potential victims. A 16-year-old girl was found among the victims during the sting operation.

The Comic-Con convention has gained international recognition as one of the largest comic book and pop culture events attracting more than 100,000 attendees to San Diego annually.

Bonta said the sting operation was a step in the right direction and served as a warning to sex buyers and potential perpetrators. The task force implemented a three-day sting operation from July 25 through the 27 with law enforcement personnel working as undercover sex buyers to identify and contact potential victims and arrest their traffickers.

“Unfortunately, sex traffickers capitalize on large-scale events such as Comic-Con to exploit their victims for profit,” said Bonta. “These arrests send a clear message to potential offenders that their criminal behavior will not be tolerated.

San Diego Sheriff Kelly Martinez appreciated the task force for identifying and rescuing victims of human trafficking at the convention.

“There is no more insidious crime than human trafficking,” said Sheriff Martinez. “The coercion and violence which enslaves people for profit and places them into forced labor or sex is criminal. As the Sheriff, I support the efforts of all our justice partners in holding perpetrators accountable.”