Volume 3 • Issue 15
August 21, 2021
San Jose Mayor Calls for Resignation of Santa Clara County Sheriff Cites extreme jail mismanagement, civil rights violations, ongoing bribery scandal, among other allegations
SAN JOSÉ, CA Mayor Sam Liccardo called for the resignation of Santa Clara County Sheriff, Laurie Smith. Mayor Liccardo, a former criminal prosecutor, is the first elected official to do so. and is the first elected official to do so. Smith has been in office since her election in 1998, and her career has been filled with serious allegations including: • repeated severe beatings of inmates resulting in death and
serious injury, • repeated concealment of facts relating to those incidents, and persistent noncompliance with independent oversight, • tens of millions of taxpayer dollars paid to litigants for civil rights violations by deputies under Sheriff Smith’s watch, • two consent decrees resulting in $450 million in public expenditure to improve jail operations and conditions, • an ongoing bribery
criminal investigation which has resulted in three indictments of two of her top aides and a campaign fundraiser, and a play-to-pay scandal relating to $300,000 in union contributions for her 2018 re-election.
The residents of Santa Clara County continue to suffer under her leadership. Mayor Liccardo released the following statement: “When a Grand Jury indicts the Sheriff ’s top assistants and campaign fundraiser on bribery charges relating to contributions to her own re-election efforts, we should have serious concerns. But when that same Sheriff --the top law enforcement officer in the county--then refuses to cooperate with the bribery investigation for fear of incriminating herself, the time for concern is long past. Sheriff Smith must resign. I want to thank the County Supervisors Joe Simitian and Otto Lee for their recent efforts to bring facts to light, as reflected in a memorandum that the Board will consider tomorrow. I support their recommendations, but those recommendations should not be necessary. Sheriff Smith must resign. As a former deputy
DA in this County, my experience with Sheriff Smith’s poor leadership of her department convinced me years ago to repeatedly decline to endorse her reelection. But Sheriff Smith’s repeated mismanagement of the jail has destroyed lives, violating the most basic of civil rights of its inmates, including: • Death of Michael Tyree in 2015 • Severe head injuries of Andrew Hogan in 2018 • Severe spinal injury of Martin Nunez in 2019 • A seven-minute beating of a man by 31 other inmates in 2020 As a former criminal prosecutor, I believe in the necessity of jail detention to serve public safety. But in any civil society, the safety of the inmates themselves must also be protected, and they must not be condemned to some dystopian tenure in Hunger Games. Under Sheriff Smith’s leadership, the Sheriff ’s Office has engaged in extensive efforts to conceal the [Continue to page 12]
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August 21, 2021
The Bay Area Review
Online: www.thebayareareview.com
Tips For Donating During Or After A Fire
anguyenphotography.com
Oakland, CALIF., Each year fire season in California has seemed to start earlier and earlier, with this year being no exception. According to CAL FIRE, there have been 5,566 fire incidents, 323 structures damaged or destroyed, and 458, 429 acres burned. Sadly, scam artists and internet criminals will attempt to take advantage of these moments of vulnerability to take advantage of victims and those who are trying to help. Here are Better Business Bureau’s tips for donating following a fire. Tips for Giving Wisely If you plan on contributing to fundraisers to help local fire victims, give thoughtfully and avoid those seeking to take advantage of the generosity of others. Here are BBB’s Wise Giving Alliance tips for trusted giving: 1. Thoughtful Giving: Take the time to check out the charity to avoid wasting your generosity by donating to a questionable or poorly managed effort. The first request for a donation may not be the best choice. Be proactive and find trusted charities that are providing assistance. Visit Give.org to verify if a charity meets the BBB Standards for Charitable Accountability. 2. Crowdfunding: Keep in mind that some crowdfunding sites do very little vetting of individuals who decide to post for assistance
after a tragedy or a disaster, and it is often difficult for donors to verify the trustworthiness of crowdfunding requests for support. For more Give.org tips on crowdfunding, check out this Wise Giving Wednesday post. 3. Respect for Victims and Their Families: Organizations raising funds should get permission from the families to use either the names of the victims and/or any photographs of them. Some charities raising funds for the victims of previous shootings did not do this and were the subject of criticism from victims’ families. 4. Government Registration: All charities must be registered with the California Attorney General’s office in California. Verify that the charity is registered by contacting the AG’s office at doj.ca.gov or (916) 210-6400. If the charity is not registered, that may be a significant red flag. 5. How Will Donations Will Be Used?: Watch out for vague appeals that don’t identify the intended use of funds. For example, how will the donations help victims’ families? Also, donors will assume that funds collected quickly in the wake of a tragedy will be spent just as quickly unless told otherwise. See if the appeal identifies when the collected funds will be used. 6. What if a Family Sets Up Its Own Assistance Fund? Some families may decide to set up their own
assistance funds. Be mindful that such funds may not be set up as charities. Also, if collected monies are received and administered by a third party such as a bank, CPA, or lawyer this will help provide oversight and ensure the collected funds are used appropriately (paying for funeral costs, counseling, and other tragedy-related needs). 7. Online Caution: Never click on links to charities on unfamiliar websites or in text messages or email. These may take you to a look-alike website where you will be asked to provide personal financial information or download harmful malware onto your computer. Don’t assume that charity recommendations on social media have already been vetted. 8. Financial Transparency: After funds are raised for a disaster, it is even more important for organizations to provide an accounting of how funds were spent. Transparent organizations will post this information on their websites so that anyone can find out without having to wait until the audited financial statements are available sometime in the future. 9. Newly-Created v. Established Organizations:
This is a personal giving choice, but an established charity will more likely have the experience to quickly address the circumstances and have a track record that can be evaluated. A newly-formed organization may be wellmeaning, but will be difficult to check out and may not be well managed. 10. Tax Deductibility: Not all organizations collecting funds in the U.S. to assist after a tragedy are tax exempt as charities under section 501(c)(3) of the Internal Revenue Code. Donors can support these other entities, but keep this in mind if they want to take a deduction for federal income tax purposes. In addition, contributions that are donor-restricted to help a specific individual or family are not deductible as charitable donations, even if the recipient organization is a charity. You can check a U.S. organization’s tax status here. For more information, contact your local Better Business Bureau at BBB.org.
The Bay Area Review
Online: www.thebayareareview.com
Sec. of State Weber Launches Voter Registration “Ballot Bowl” for Cal College Students
to vote and highest percentage of the student body registered to vote. There will be a total of 9 Kassidy Henso | California Black Media lege (CCC), winners. One overall winner that registers the most California students to vote and one State Uniwinner from each categoversity (CSU), Uni- ry across the CCC, CSU, UC, and AICCU schools. versity of Students are encourCalifornia aged to leverage various (UC), and Association groups across their camof Indepen- puses to extend the reach of registration to potential dent California Col- new voters. This would allow groups to come leges and Universities together to determine the most impactful way to (AICCU) educate their peers on the campuses. importance of voting and During the competiLast week, Califortorial recall election set to civic engagement. tion, college campuses nia Secretary of State take place on Sept. 14. Across the United across the state compete Shirley Weber launched “As an educator, I unStates, voter turnout is against one another for the 2021 Ballot Bowl: derstand the great potenhistorically low among Registration Rumble, an tial of California’s students most students registered inter-collegiate competito lead, to be active and to tion organized to drive be engaged,” said Weber. voter registration among “It is incumbent on public students attending all of servants to ensure that California’s major institu- student voices are heard tions of higher learning. when decisions are made The competition, and to foster a culture which began Aug. 2 and of civic engagement in ends Sept. 14, is intended California’s youth. I look to “incentivize campuses forward to honoring the to adopt policies and winners and champion practices that boost civic of the 2021 Ballot Bowl engagement, to inspire competition.” students to get involved The Ballot Bowl has in voter registration had a positive impact on campaigns, and to acstudent voter registration knowledge those who are since it began in 2018. leading the way on civic According to the Secreengagement at California’s tary of State, nearly 11,000 colleges and universities,” students registered to vote according to the Secretary that year. The success of of State’s office. the competition continWeber says it is impor- ued in 2020 with 82,000 tant that all Californians, newly registered student including students, exervoters. Approximately cise their right to vote and 234 schools are eligible to they should prepare to compete across the Caliparticipate in the guberna- fornia Community Col-
August 21, 2021 Page 3
VOTE Sept 14 18 to 25-year-olds when compared to other developed countries, according to the Comparative Study of Electoral Systems. Toni Molle, CSU Director of Strategic Communications and Public Affairs, says the university system educates approximately 486,000 students each year with African Americans making up about 4.0% of the student body. “In addition to receiving a quality education, students also learn the importance of ethical leadership and civic engagement” said Molle. “The Ballot Bowl is an opportunity to help boost students’ awareness of issues facing their respective communities.”
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August 21, 2021
The Bay Area Review
Recall WAR
California Women Go to “WAR” in Support of Gov. Newsom Antonio Ray Harvey | California Black Media
CA Governor - Gavin Newsom
A broad coalition of California women are banding together to support Gov. Gavin Newsom as he fights to fend off a recall effort that could mar his legacy and throw him out of office in a little over a month. Members of the group, dubbing itself Women Against the Recall (WAR), say they are not going to allow Gov. Gavin Newsom to be overthrown in the special election scheduled for Sept. 14. California U.S. Congresswomen Karen Bass (D-CA-13) and Barbara Lee (D-CA-37), who are both supporting WAR, joined a press conference Aug. 9 to make the case for Newsom. Aimee Allison, founder of She The People, an Oakland-based political advocacy group, hosted the briefing. “We are all against the Republican-led recall because we know
that the health of our children, neighbors, and communities depend on Gov. Newsom’s continued leadership,” Lee said at the onset of the virtual event hosted by WAR. “Congresswoman Bass and I decided that any successful, political event must have women on the front lines, especially women of color.” The women of WAR come from diverse backgrounds and bring their support for Newsom from different regions of the state. But, organizers say, they remain united by a common goal: to mobilize a statewide grassroots movement that defeats the recall effort. More than 1,000 women, representing themselves or different organizations across the state, signed a letter composed by WAR opposing the recall. Over the next few weeks, WAR’s
leaders say, their group will focus on providing voter education and conducting get-out-thevote campaigns. Newsom, who participated in the WAR Event, said that he was “humbled” by the support from the 70 different groups that signed on to the letter. He told attendees that “our values and the things we hold dear” are at stake in the recall election. “The one thing that sticks out in particular as a list of grievances who inspired this was our support (Democratic party) for diverse communities,” Newsom said. “Our support for immigrants, our support for doing more and being better. It’s about each and every one of us.” WAR volunteers say, in their upcoming messaging campaigns, they will explain to Californians
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what recall election is, and why, in their opinion, why there is a movement to recall Gov. Newsom two years after he was elected to the highest office in the state. Many Democrats are blaming Republicans for the attempt to recall Newsom, citing the state’s progressive politics and trailblazing steps it has taken to foster inclusion and address longstanding inequalities suffered by ethnic and racial minorities. Republican candidates vying to unseat Newsom include former Olympian Caitlyn Jenner, former San Diego Mayor Kevin Faulconer, conservative talk radio host Larry Elder, Assemblymember Kevin Kiley (R-Rocklin), former United States Congressman Doug Ose, and the 2018 GOP gubernatorial nominee John Cox. “Lacking any crimes or accusations of impropriety, (the members of the Republican party) are trying to punish the Governor for following the advice of scientists to promote mask-wearing and social distancing,” WAR said in a written statement. WAR continued, “(But) let’s be honest, though, this recall campaign is not about the Governor’s handling of COVID. It’s about an anti-democratic, political attack launched by the Republican Party who is exploiting the fear and pain of the COVID pandemic to claw back power after being rejected by the American people in the 2020 election.”
California the election that will determine Newsom’s fate in less than 35 days and could potentially select a new governor on the same day from a list of 46 candidates. “Those who think this thing is not close I’d hate to disabuse you...it is,” Newsom said during the virtual function that went on for about two hours. During a news conference last week, California Secretary of State Shirley Weber said the ballot will ask two questions: Do the voters want to recall Newsom, and if so, who do they want to replace the governor. If 50% or more of the ballots are no votes, Weber said, Newsom stays on as governor. If 50% or more say yes, then he is recalled. WAR fears a lot is at stake. The group’s leaders say they dread what could happen if the next governor of the state is a Republican. “Although we began as a nationwide ‘Secure the Seat’ effort to build partners and allies to support increased representation of Black women in the US Senate, we quickly realized this would not be possible without ensuring we have a Democratic governor in California,” WAR pointed out in a statement to the media. “If we lose California, we could potentially lose our majority in the Senate if anything happened to either of our Senators.”
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Online: www.thebayareareview.com
Bay Area Counties Take Action Against High Rate of Black Babies Dying During Childbirth Charlene Muhammad | California Black Media Black babies in the Bay Area are born either too soon or too small, or they die before their first birthday, according to Bay Area public health experts. But five Northern California counties, a region where the second highest population of Blacks live in the state, are working to reverse those trends. Alameda, Contra Costa, San Francisco, Santa Clara and Solano counties have launched the #DeliverBirthJustice campaign to tackle the underlying racism that they say lead to the disproportionate death rates of Black women and infants as compared to other racial groups. The campaign is an offshoot of the Perinatal Equity Initiative, a statewide effort to curb persistent iniquity and health disparities that threaten Black infant and maternal health, according to the California Department of Public Health. “We need a Bay Areawide movement that mobilizes all corners of the Bay Area -- from health professionals to policy makers to community members -- to end racism and birth justice for Black families. Similar to all the counties, we wanted
to approach this issue from a regional lens,” said Mikaela Merchant, Perinatal Equity Initiative Coordinator, San Francisco Department of Public Health. Merchant says the systems impacting Black moms and families are regionwide, therefore the approach to finding solutions to them must have the same scope. An understanding that Bay Area moms may live in one county but work and get their health care in another county stemmed from five focus groups with 33 directly impacted Black mothers across five Bay-Area counties. A regional approach reflects the lived experiences and needs of the moms and families they serve, said Merchant. According to Dr. Zea Malawa, Perinatal Equity Medical Director, San Francisco Department
of Public Health and Physician Director of Expecting Justice, racialized stress is taking an undue toll on Black births. Advocates argue that health equity is about more than just access to health care. They say it begins when people have access to everything they need -- from health and childcare to economic security and housing. Every single time we dismantle structural racism, we’re saving a Black mother’s life and we are saving a Black babys life. Our lives matter, so this work is something that we all need to take on right away,” said Malawa. Black mothers fare worse on maternal/ childbirth measures, with higher rates of low-risk, first-birth cesareans, preterm births, lowbirthweight births, infant mortality, and maternal
August 21, 2021 Page 5
Health Inequity mortality, according to “Health Disparities by Race and Ethnicity: The California Landscape,” a 2019 California Health Care Foundation (CHCF) report. People of color face barriers to accessing health care, often receive suboptimal treatment, and are most likely to experience poor outcomes in the health care system, according to data included in the CHCF report. This is regardless of income and education levels, health habits or where they live, according to Merchant. She attributes it to structural and social racism Black people experience throughout their lives, and the biases they encounter from health professionals during their birthing experience. In the California legislature, Sen. Nancy Skinner’s (D-Berkeley) introduced Senate Bill (SB) 65, or the California Momnibus Act. If passed, the legislation will provide essential funding to help improve Black maternal infant health outcomes. SB 65 includes MediCal coverage for doulas, extending Medi-Cal postpartum coverage to 12 months, and a guaranteed minimum income pilot for families with lowincomes, Merchant noted. Health professionals, policy makers, advocates and community members from each of the counties are working on different interventions specific
to their challenges and needs. For example, advocates in San Francisco have identified two strategies they say are necessary and relevant. One is training staff and services providers around biases. The second is working to provide culturally relevant doula services to their communities. Their work is centered on a partnership between Sisterweb Community Doula Network and county public health nurses. SisterWeb community-based doulas use a unique, innovative program model that provides extended, intensive support to families throughout pregnancy, during labor and birth, and in the early months of parenting in communities that face high risks of negative birth and infant developmental outcomes, according to Merchant. “The serious challenges that Black moms are facing in regards to health and their community is because of racism,” said Sharayah Alexander, a Black mother in Alameda County, whose experiences helped shape the campaign. When we start listening to Black mothers, that’s when we’re going to start seeing health issues decline,” she said. “When people start listening to us, that’s when we’re going to start seeing more beautiful births and more Black mothers and babies actually surviving,” she added.
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August 21, 2021
The Bay Area Review
Online: www.thebayareareview.com
Serious Playtime Page 20 February 19, 2021
that every playground met the needs of every family, including those living with physical and cognitive disabilities, autism, sensory challenges, the medically fragile, and is on a mission to emeven our aging populabrace populations fromat-risk UC Berkeley for Pre tion. Please get to know and provide mentors more about Tyrone and Med, she was startingand to educators to transform question “do I see a place the other members of our and more inclusive for create me in the Medical Magical Bridge Advisory field... when there is so communities. We encourCouncil, which guides much inequity and the age you to follow Tyrone and mentors our team political maneuvering? and Community HeroesAt on innovation, incluthis point Sonia is missing sion, and acceptance for on Facebook. that hunger for every visitor. We know Weperformer’s wish Magical the spotlight -detour into our playgrounds and play Bridge Playgrounds were a modeling which not big news.stint, We wish spaces will be EXTRA lead to other creative opportunities. So her Lupus diagnosis; a young father reasons that she’s Black female with an not returning to Medical enlarged Lymph node, a School, ‘you can run the skin rash and aches and new Investment Banking branch in Los Angeles for pains in the joints ... why so difficult to reach the me.’ Life, sometimes has its right conclusion?” So, own plans to get you back medicine did not seem the career for her, due to her on your true path - she encounters with doctors. became ill and was But they couldn’t diagnosed with Lupus at 24-years old. Again, not a diminish her interest in medicine and what she great experience with the could offer patients, as medical professional handling of her case. Even someone who knows what it’s like - not to be heard. though she “presented as But a doctor’s advice to the classic patient for a
Magical Bridge Playground A Winning Formula CEO and Founder,
The Doctor Is In Olenka Villarreal had Special Assignment Brigitte the privilege of speaking Jones, Publisher with Tyrone Starkie, who visit with Sonia Bell is A not only theDr. Founder you a sense that ofgives Community Heroes. perseverance and focus net but a parent whose on the future, good outings withishis 4-year medicine. old would be a lot more She liked play the “magical” with to a Magical game, Operation asAa kid! Bridge Playground! From a young age, she true hero himself, Tyrone tackled the hard stuff; a ballerina in training with the San Francisco Ballet. It may look serene and beautiful but the grueling physicality of years of forcing the body to do things it wasn’t designed for - has a high cost. She suffered a career ending injury but was even more disappointed by what medicine had to offer as a fix - never mind the beside manner. A twist of fate sent her through a winding journey of other professional forays, once she graduated
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did, only to meet her ‘maybe think of a career as a future husband in the process. It was on to chiropractor, Stanford for her residency, because it wouldn’t be so in pursuit of a focus in Sports Medicine. Almost a stressful’ with year into the program her her type of body is just over stressed illness. Well www.magicalbridge.org due to her work schedule chiropractic school held no and the effects of Lupus, soAlto sheand losesRedwood her spot and challenge or City.) MAGICAL, with their momentum again.way to fascination This is a wonderful involvement and guidance her Today, Dr. Sonia Bell after a while. leave a lasting legacy to a and we appreciate them heads the AVANTI Sonia went community in need, and immensely. SPORTS MEDICINE back summer to all who will visit. Enjoy these AND FITNESS CENTER, Medical Kindly contact Jill days and please take good she says, “Avanti means School at Asher at jill@magicalcare. It takes a village progressive in Italian and USC, which bridge.org if you’d like to bring to retrospect life Magical she says in that’s what I’m working to learn more about our Bridge toughened Playgrounds “really myand towards.” I chose to go Parks! work or want to receive resolve to succeed. USC into private practice in information sponthis time, our is a At Level-1 Trauma order to assureabout the quality sorship and naming project in most urgent Center and most of care I can provide.” opportunities your need of financial supweekends the various Now, she leads afor team of company,medical corporate social port isinthe Bridge gangs theMagical area kept the dedicated Emergency busy.” responsibility or an PlaygroundRoom coming to professionals toteam, provide Between her 2nd and 3rd philanthropic Santa Clara’s Central Park. array of care forgiving the - for year at are USC, Sonia any of our playground If you able, kindly weekend warrior and the decides she needs to be a ofare so projects. There consider supporting this thoroughbreds Team Doctor for the professional sports. project with a tax-deduct- many MAGICAL and Olympics in Atlanta, Dr. Sonia live unique wayssays, to be“Irecogible donation. Contribudespite the fact she has for Life. Once an athlete, nized for your support. tions of $300+ will be not certified with as a doctor, an athlete.” With gratitude, recognized a tile on always yet. But join those the donor wall (similar to Team Magical Bridge medical practitioners, she www.avantifitsportsmed.com
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Cupertino Rotary Hosts Return of Global Elegance in-person International themed Fundraiser Event This annual event has raised funds for the club’s international global grant projects such as for pediatric surgeries in the Philippines, domestic violence shelter in Ecuador, teacher training in rural Taiwan, water
well drilling in Kenya and many more. To date, Cupertino Rotary has funded more than 100 projects in 30 countries. The gala event includes gourmet ethnic foods, fine wine, music, fellowship, and our
program celebrating our work around the world. This event welcomes guests who may consider becoming a Cupertino Rotary member and give time and financial support to the global and local community.
August 21, 2021 Page 9
rotarydistrict5170.org Says Alysa Sakkas, 2021 event chair “Our international activities are stronger than ever, and we are hoping to raise $20,000 to help with new projects. Last year’s event was instrumental in funding a water project in Kenya, a COVID/ educational program in Cambodia, and continuing projects with our major partners: Pratham, Shin Shin Educational Foundation, and Sankara Eye Foundation. This year, we have a goal to support a global grant project focused on Rotary International’s newest area of focus the Environment.” Tickets are available: cupertinorotary@gmail. com, givsum.com/ opportunities/globalelegance-701d2e2fd
About: Cupertino Rotary is in District 5170, which has 61 clubs with 4,000 members in the California Bay Area. It is part of the Rotary International global network of volunteer leaders dedicated to tackling the world’s most pressing humanitarian challenges. Rotary International connects 1.2 million members of more than 34,000 Rotary clubs in over 200 countries and geographical areas. Their work impacts lives at both the local and international levels, from helping families in need in their own communities to working toward a polio- free world. For more information, visit Cupertino Rotary.
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August 21, 2021
The Bay Area Review
Time for Justice
Board Of Supervisors Directs Release Of Information Related To Sheriff’s County Jail Operations; Refers Matters To State And Local Authorities Direct Administration, the Office of the County Counsel, the Office of Correction and Law Enforcement Monitoring (OCLEM), and any other relevant County department to make public information specified below relating to the County jail and the operations of the Sheriff ’s Office, transmit that information to relevant parties at the State and local level, and report to the Board of Supervisors with further information. Possible Actions: a. Direct County Counsel to make public prior to the September 14, 2021 Board of Supervisors meeting a copy of County Counsel’s February 10, 2020 19-page report relating to the case of Andrew Hogan, redacted to the minimum extent required by law; and, if deemed desirable by County Counsel, a nonconfidential summary of that report also accessible to the public. b. Direct County Counsel to make public prior to the September 14, 2021 Board of Supervisors meeting a copy of the roughly 38 video/audio recordings related to the August 25,
2018 incident involving the case of Andrew Hogan (amounting to approximately 4.5 hours of content), redacted to the minimum extent required by law. c. Direct the Office of Correction and Law Enforcement Monitoring (OCLEM) to review, assess, describe, comment, and make recommendations on the issue of disciplinary action and/or lack thereof (to the maximum extent allowed by law), undertaken by the Sheriff ’s Office in connection with the Hogan case and report to the Board of Board of Supervisors: Mike Wasserman, Cindy Chavez, Otto Lee, Susan Ellenberg, S. Joseph Simitian Page 2 of 8 County Executive: Jeffrey V. Smith Supervisors at the September 14, 2021 meeting, and share that same report with the County’s Community Correction and Law Enforcement Monitoring Committee (CCLEMC), to the maximum extent allowed by law. d. Direct County Counsel to provide a public report regarding the status of County compliance with
consent decrees involving the jail. e. Direct Administration to refer the above information, along with any additional relevant information relating to salary, overtime, promotion, and disciplinary action regarding relevant employees (i.e., employees involved in the below incidents), along with information regarding political endorsements, contributions, and independent expenditures by parties associated with these incidents to the California Fair Political Practices Commission (FPPC). f. Direct County Counsel to refer this legislative file, attached and/or supporting documents, if any, and all of the above-referenced information (i.e., as noted in paragraphs “a” through “e”) to the Santa Clara County Civil Grand Jury for evaluation and consideration pursuant to California Government Code Section 3060 (re: misconduct in office). g. Direct County Counsel to refer this legislative file, attached and/or supporting documents, if any, and all
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of the above-referenced information (i.e., as noted in paragraphs “a” through “e”) to the Office of the Attorney General, State of California for investigation relating to a possible pattern or practice of unconstitutional corrections conduct and/ or civil rights violations and/or other violations of state or federal law; and for other such actions as may be appropriate consistent with the provisions of Article V Section 13 of the California Constitution, which provides in pertinent part: “The Attorney General shall have direct supervision over every district attorney and sheriff… in all matters pertaining to the duties of their respective offices...” h. Direct County Counsel to report to the Board of Supervisors in closed session at the earliest opportunity on the status of litigation involving former County jail inmate Martin Nunez. Background Since July 2010 the Sheriff has been responsible for the vast majority of jail functions and staff, and is the appointing and supervising authority for more than 700 sworn correctional deputies and correctional officers employed in the County jails. Thus, the Sheriff
is responsible for the management, operation, organizational culture, and conduct within the jail. That said, the jail has been the scene of a series of tragic and costly incidents, sometimes without explanation, and without apparent accountability. Answers are few and far between. And in the absence of greater transparency, the question of possible political influence looms large. These would be challenging issues under any set of circumstances. The challenge of addressing these issues is exacerbated, however, by both a lack of information and the limits of Board authority. Efforts by the Board of Supervisors, County Administration and members of the public to address mismanagement issues endemic to the jails have been repeatedly stymied, largely as a result of the Sheriff ’s assertion of her prerogatives as an independently elected
The Bay Area Review
official and in reliance on the provisions of California Government Code Section 25303. We are mindful and respectful of both. However, it must be noted that Section 25303 also provides that, “The board of supervisors shall supervise the official conduct of all county officers…particularly insofar as the functions and duties of such county officers…relate to the assessing, collecting, safekeeping, management, or disbursement of public funds. It shall see that they faithfully perform their duties…Nothing contained herein shall be construed to limit the budgetary authority of the board of supervisors over the district attorney or sheriff.” The conundrum here is that as a matter of law and policy we are obligated to confront these issues of mismanagement, but are simultaneously impeded in our ability to do so. Hence the need to refer these matters to other agencies and to make information public as recommended above. This referral is an attempt to keep the public, our correctional officers and jail inmates safe; to ensure some measure of accountability; to prevent such tragic and costly events from occurring in the future. https://district5.sccgov. org/media-advisory/ board-supervisorsdirects-releaseinformation-relatedsheriffs-county-jail
Online: www.thebayareareview.com
San Jose native participates in Large Scale Exercise aboard U.S. Navy warship By Rick Burke, Navy Office of Community Outreach NORFOLK, by expanding Va. - A San Jose, medical care California, native capacity across with hometown ties various surface to Perth, Australia, combatants.” is participating in Whidbey the Large-Scale Island is designed Exercise (LSE to deliver 2021) aboard USS Marines and Whidbey Island their equipment (LSD 41), a U.S. in support of Navy warship that amphibious transports and operations launches Marines including from sea to shore as landings via part of amphibious Landing Craft, Air Photo by: Mass Communication Specialist assault operations. Cushion (LCAC), 2nd Class Vanessa C. Behrend Petty Officer 3rd conventional Class Phuc Trinh, landing craft and a 2010 Mt. Lawley helicopters, onto and overwhelming force Senior High School in globally across three naval hostile shores. Australia graduate, joined component commands, Homeported in Little the Navy four years ago. Creek, Virginia, Whidbey five numbered fleets, and “My younger brother Island is longer than two 17 time zones. LSE 2021 and I joined the Navy football fields at 610 feet. merges live and synthetic at the same time,” said The ship is 84 feet wide training capabilities to Trinh. “I wanted to pay and weighs more than create an intense, robust back America for all 16,000 tons. It has four training environment. the opportunities that it diesel engines that can It will connect highprovided to me.” push the ship through the fidelity training and According to Trinh, the real-world operations, water in excess of 25 mph. values required to succeed to build knowledge Serving in the Navy in the military are similar and skills needed in means Trinh is part of to those found in both San today’s complex, multia world that is taking Jose and Perth. on new importance domain, and contested “My family is very in America’s focus on environment. traditional, and my rebuilding military “During Large Scale mother wanted me Exercise 21, USS Whidbey readiness, strengthening and my brother to be alliances and reforming Island demonstrated successful,” said Trinh. business practices in enhanced medical “Although, my father support of the National capabilities while wanted me to be a Defense Strategy. seamlessly integrating business entrepreneur, “We are currently in a our Fleet Surgical Team,” I chose the Navy to global cyberwarfare and said commanding learn skills needed America is under attack officer of USS Whidbey to become successful every second, but not Island, Cmdr. Kristel both professionally and many people are aware Anne O’Canas. This personally.” of it,” said Trinh. “If we critical mission set LSE 2021 demonstrates will allow a dynamic are shifting everyone to the Navy’s ability to cyberwarfare, such as the force employment employ precise, lethal, Space Force, we are going in the Surface Fleet
August 21, 2021 Page 11 to be undermanned for cyber operations on both land and sea. The Navy is very important in defense for cyberwarfare at sea in being fully operational and mission-ready at all times.” With more than 90 percent of all trade traveling by sea, and 95 percent of the world’s international phone and internet traffic carried through fiber optic cables lying on the ocean floor, Navy officials continue to emphasize that the prosperity and security of the United States is directly linked to a strong and ready Navy. As a member of the U.S. Navy, Trinh as well as other sailors, know they are a part of a service tradition providing unforgettable experiences through leadership development, world affairs and humanitarian assistance. Their efforts will have a lasting effect around the globe and for generations of sailors who will follow. “It’s about the Navy core values and the honor of serving in the Navy,” added Trinh. “I have the courage to take on all the challenges for my primary job, which is human resources, and my collateral jobs as a firefighter and medical assistant for the ship. I fully commit to finishing my enlisted time in service and be a Navy officer in the future.” Join the conversation with our social media: NavyOutreach @NavyOutreach @Navy.Outreach
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August 21, 2021
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Online: www.thebayareareview.com
[ Continued from page 01 ]
San Jose Mayor Calls for Resignation of Santa Clara County Sheriff Cites extreme jail mismanagement, civil rights violations, ongoing bribery scandal, among other allegations facts around these and other incidents, most palpably by refusing to share information with the County Office of Correction and Law Enforcement Monitoring, and the County Auditor. We have increasingly learned of these revelations from recent public documents. Additionally, I have recently learned that for several years, Sheriff Smith required officers from other cities’ police
departments to extinguish their body-worn cameras when bringing combative arrestees into the County jail, thereby precluding any video evidence of potential abuses by corrections officers that might come from those external police departments. After repeated objections by local police chiefs, the Sheriff finally halted that mandate in June of this year. Moreover, Sheriff
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Smith has created a payto-play culture within the Office. Beyond the indictment of Sheriff Smith’s top assistants in a bribery scheme, Sheriff Smith also promoted the head of her deputies’ union to captain only one month after her 2018 re-election --and only after that union contributed $300,000 to her re-election. That same union leader saw her total compensation nearly double. Santa Clara County taxpayers--the majority of whom reside in my city of San Jose--have footed the bill for eightfigure payouts on civil lawsuits and $450 million in improvements to jail operations mandated by consent decrees responding to severe failures in Sheriff Smith’s management of the jail. The Mercury News editorial board has repeatedly called for Sheriff Smith’s resignation, attributing her behavior to “either corruption or incompetence”. Regardless of whether “corruption or incompetence” best explains Sheriff Smith’s failures, either suffices to compel her resignation.”
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August 21, 2021
backpacked around Europe and North Africa. During this early adult years he started thinking who have become elected officials, college professors about Marxism and socialism. and award winning He returned to Los journalists. Angeles in 1964 and Born in Lansing, became politically active. Mich., on Jan. 29, 1936, He had become an he spent his early years internationalist through in the small town of his travels and his Connersville, Indiana. contacts with the African When he was 16, he National Congress moved to Los Angeles (ANC). with his mother. He moved to San He graduated from Francisco in 1967 where Dorsey High School in he was a founder of the 1952 and then attended Black Draft Counseling Los Angeles Community Center and became a College. Drafted in 1959, student at San Francisco he was stationed in State. Germany for 19 months He joined the Black serving in the 13th and Student Union and the 35th Artillery. These were Black Panther Party. He both all-Black divisions. made major contributions After he was to the BSU by pushing for discharged in 1961, he more structure and for strong alliances with other oppressed communities and Third World student organizations. He was part of the leadership of the San Francisco State Strike, the longest and most successful student strike in U.S. history. The strike established the first Black Studies Program and led to the teaching of ethnic studies across the country. Collins continued to be involved at San Francisco State throughout his life and was awarded the Exemplary Leadership Award in 2012 and 2019. In 1973, he co-founded KPOO Radio Station 89.5 FM – The People’s Station. KPOO was a pioneering station which hosted shows by communities that were often ignored. In addition to serving
IN REMEMBRANCE Terry Collins was a major leader of the 196869 San Francisco State University Black student strike which created the world’s first Black Studies program and first College of Ethnic Studies. He died on July 8 at the age of 85. A radio journalist, he was also KPOO-FM Radio co-founder and station board chair. He obtained the license for KPOO at a time when few African Americans were in possession of an FCC broadcast license. Collins was a host and producer of several shows on KPOO and a mentor to hundreds of KPOO programmers, volunteers and interns
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A Vibrant Voice
as a board member and as president, he hosted the show, “Spirit of Joe Rudolph.” Because of his amazing work on the station and at S.F. State on behalf of the Arab and Palestinian communities, a Palestine scholarship was established in his name and announced at his memorial service on July 24. The service was attended by Danny Glover, who had once been Collins’ roommate; S.F. Mayor London Breed, Pastor and community
leader Arnold Townsend, and several hundred of the people who loved Collins. As the program for his memorial said, “He was a husband, father, ‘papa’ uncle, brother, son, comrade, scholar, king, revolutionary and so much more. May he rest in power and peace.” Collins is survived by family members including his wife Cecelia Johnson Collins; daughters Kiara Collins and Renia Collins; and others. He was related to Malcolm X by marriage
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August 21, 2021 Page 15
You Can Request a Traffic Fine Reduction Online
You’re Invited to the Hunger at Home Bridge the Gap Gala: Outdoor Edition!
Santa Clara County Superior Court now offers the California Judicial Council’s new MyCitations: Ability to Pay tool, an online option for people having difficulty paying fines related to traffic infractions. This tool allows court users to look up traffic citations online, answer a series of questions and submit a request to the Court for a possible reduction in the amount owed based on their financial situation. Users can also request a payment plan, more time to pay or community service. This new option allows the public to make requests without the need to appear in Court. To request a fine reduction, visit mycitations.courts.ca.gov.
Silicon Valley’s Premier Benefit In Support Of Ending Hunger Saturday, September 18, 2021 5:30 P.m. San Jose Mcenery Convention Center, Lower-Level Plaza 150 West San Carlos Street, San Jose, California Join us for an evening outside under the stars at our annual Bridge the Gap Gala as we celebrate overcoming the challenges of the last year and look towards the year ahead. Put on your cocktail attire and get ready to enjoy chef-inspired food, notable wine, craft beer, signature cocktails, and lively entertainment. www.hungerathome.org
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August 21, 2021
The Bay Area Review
New COVID Restrictions in Hawaii for Visitors & Residents Hawaii went from the lowest increase in COVID infections, to the highest vaccination numbers in the United States, to some of the highest infection rates, while tourism is booming. Today Governor Ige reacted after hospitals are filling to capacity in the Aloha State.
by: Juergen T Steinmetz
Hawaii Governor Ige said new limitations for residents and visitors are implemented immediately •Hawaii Governor David Ige announced new measures to slow the spread of the COVID-19 Delta variant in the state. •Capacity in restaurants, gyms, indoor settings is set at 50%. •Patrons in establishments like restaurants must be 6 feet apart. With the COVID increases out of control in Hawaii, the need to keep the booming travel and tourism industry alive may have delayed restrictions put in place today by Governor David Ige. Many visitors and
citizens may be too much at ease in taking restrictions seriously. It includes quarantine violators, fake CDC vaccination records, and illegal gatherings. The governor said such violations are prosecuted aggressively, but there are not enough human resources in the police department to chase all violators. As of today restaurants, bars, gyms in the State of Hawaii have to deal with restrictions once again. Such establishments are allowed to stay open, but the limit capacity to 50%. Maximum indoor capacity at stores and other venues is 10, outside is 25.
With most restaurants in tourist areas like Waikiki constantly running capacity without such restrictions, this will be a challenge also for Hawaii’s booming travel and tourism industry. Restrictions are soft compared to complete lockdowns that were put in place a year ago with infections numbers by far lower than now The Governor avoided a response if limitations will be put on hotel capacity and did not respond to eTurboNews at today’s press conference on this issue. The Governor said there won’t be any changes or more restrictions
Online: www.thebayareareview.com
Covid 19 Update for travelers wanting to visit the Aloha State. The safe travels program will remain as is with vaccinated visitors able to arrive without additional tests. The Governor admitted there was a shortage in testing. Weddings, funerals, church, concerts, and sports events with 50 and more people need to be approved by County authorities first. In today’s press conference mayors from all Hawaiian Islands are supporting the decision by Governor Ige. The mayor in Maui was concerned about hospitals and ICUs operating over capacity. He says when people are seeking emergency services in hospitals and they cannot deliver, this is a red line, and we had to take action. EXECUTIVE ORDER NO. 21-05 (Statewide Limits for Social Gatherings, Restaurants, Bars, and Social Establishments)
WHEREAS, on March 4, 2020, I issued a Proclamation declaring a state of emergency to support ongoing State and county responses to the Coronavirus Disease (COVID-19); WHEREAS, I subsequently issued several proclamations related to the COVID19 pandemic, including proclamations that inter alia suspended certain laws to enableState and county responses to COVID-19; and implemented a mandatory selfquarantine for all persons entering the State and traveling between counties, mandated safe practices to reduce the spread of COVID-19, and instituted a vaccination and testing policy for all State and county employees; WHEREAS, Delta, a highly contagious SARS-CoV-2 virus strain, has resulted in spiking case numbers around the world and in the United States of America, and continues to spread at an alarming rate in our State; WHEREAS, the Delta variant of the
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SARS-CoV-2 virus has changed the course of the pandemic in our State urgently, such that the COVID-19 continues to endanger the health, safety, and welfare of the people of Hawai‘i and requires the immediate and serious attention, effort, and sacrifice of all people in the State to avert unmanageable strains on our healthcare system and other catastrophic impacts to the State; WHEREAS, despite the success of the State’s mitigation and vaccination efforts, based on recent events surrounding the sudden rise of COVID-19 cases as a result of the Delta variant, hospitalizations, and deaths and the strong recommendation from our Department of Health and other experts assisting in the ongoing COVID-19 response, 2 of 3 the implementation of statewide limits for
Online: www.thebayareareview.com social gatherings, as well as additional provisions for restaurants, bars, and social establishments is necessary. NOW, THEREFORE, I, David Y. Ige, Governor of Hawai‘i, pursuant to my executive authority under article V of the Constitution of the State of Hawai‘i, chapter 127A, Hawai‘i Revised Statutes, and all other applicable authority, do hereby order, effective August 10, 2021, the following: For statewide implementation and as defined by each county (and in accordance with definitions specified by each county): a. Social Gatherings. Indoor social gatherings of more than ten persons and outdoor social gatherings of more than twenty-five persons are prohibited. b. Restaurants, Bars, and Social Establishments. Restaurants, bars, and
social establishments will implement the following guidelines while maintaining the required social gathering sizes set forth above and as may be further specified by the counties: i. Patrons must remain seated with their party. ii. Six feet distancing must be maintained between groups. iii. No mingling. iv. Masks must be worn at all times except when actively eating or drinking. c. Professional Events. Professional events must comply with all state and county orders, rules, and directives regarding operation. Those organizing professional events larger than fifty (50) persons, in order to ensure appropriate safe practices, shall notify and consult with the appropriate county agency reasonably prior to the event 3 of 3 d. Restrictions on
August 21, 2021 Page 17 Indoor Capacity. For all high-risk activities, indoor capacity is set at 50%. This includes bars, restaurants, gyms, and social establishments. Statewide limitations set forth herein will not otherwise affect the counties’ COVID-19 policies regarding other categories of activity. All measures set forth herein will be enforced by the counties pursuant to county orders, rules, and directives that identify offenses and penalties for each county. This order supersedes
less restrictive orders, rules, or directives of any of the counties to the limited extent necessary to carry out the limitations and restrictions contained herein. Notwithstanding the provisions set forth herein, the mayor of any county may issue orders, rules, or directives that are more restrictive. Unless superseded by a subsequent order, this Emergency Order shall terminate on October 18, 2021. Done at the State Capitol, Honolulu, State of Hawai‘i, this 10th day of August, 2021.
www.cdm.org
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August 21, 2021
The Bay Area Review
COVID-19 Vaccinations: Third Doses Now Available for Immunocompromised in Santa Clara County Transplant recipients, cancer patients and those with immunodeficiencies at greater risk of COVID-19 infection and serious illness can receive a third dose of Pfizer or Moderna vaccine; this federal approval only extends to a very narrow segment of the overall population
Santa Clara County, CA – County officials have announced that a third dose of COVID-19 vaccination is now available for people who have a compromised immune system, effective immediately. Eligible individuals are encouraged to contact their primary healthcare provider for consideration of the additional dose. Appointments can also be scheduled now through the County’s website sccfreevax.org, which also includes information about numerous drop-in vaccination sites throughout the county, including local pharmacies. This expansion of eligibility follows the decision by the Food and Drug Administration to extend emergency use authorization (EUA) on vaccines to allow an additional dose, as recommended by the Advisory Committee on Immunization Practices (ACIP) and approved by the Centers for Disease Control and Prevention (CDC). The CDC estimates that about 2.7% of the population of the United States is immunocompromised, including organ transplant recipients, people undergoing cancer
treatment, and those with other immunodeficiencies. This population is more likely to become infected with COVID-19, even after vaccination, compared with similarly vaccinated but otherwise healthy individuals. They are also more likely to become severely ill due to COVID-19. “We have vulnerable immunocompromised populations who are again at risk because of the rapid spread and high transmissibility of the Delta variant,” said Dr. Jennifer Tong, Associate Chief Medical Officer for Santa Clara Valley Medical Center. “For those, a third dose of vaccine offers a substantial additional layer of protection from infection and serious illness.” A third dose is available for moderately or severely immunocompromised who have had either Pfizer or Moderna. The newly expanded FDA EUA does not extend to individuals who received the Janssen (Johnson & Johnson) vaccine. The additional dose will be matched to the initial vaccination type. The recipient must have completed the initial vaccination
series 28 days or more before the third injection. A third dose is NOT authorized by the FDA for use in fully vaccinated people who are not moderately to severely immunocompromised, as defined by the CDC. People with diabetes, heart disease, or who are elderly are not considered to be moderately to severely immunocompromised unless they have another condition that causes them to be immunocompromised to the same extent as someone who had a solid organ transplant. Those unsure of whether they fall into this very narrow category of being moderately to severely immunocompromised should consult with their doctor or a medical professional. All County Health System mass vaccination sites will be able to accommodate the newly approved third doses for eligible individuals as of August 14, with community-based mobile sites to begin by mid-week next week. For the latest information about COVID-19 vaccinations in Santa Clara County, visit sccfreevax.org.
Online: www.thebayareareview.com
County Of Santa Clara Unveils Vax Mobile To Distribute Vaccine In High-Priority-Areas Wednesday, August 18, 2021 San Jose, Calif., Unveiling “The Vax Mobile.” This custom-built vehicle deployed by Santa Clara County Public Health Mobile Vax teams to bring the COVID-19 vaccine to the community. This vehicle includes refrigeration, solar power, storage, and all materials needed for a self-contained mobile vaccine clinic. This custom vehicle now in use by Santa Clara County Public Health Mobile Vaccination Program to quickly deploy pop-up COVID-19 vaccine clinics in hard-toreach and high-priority areas. 100% paid for by donations from Bloom Energy, Shield T3, El Camino Health, and other corporate partners. Valley Medical Center (VMC) Foundation, a nonprofit organization founded in 1988 as the community fundraising arm for Santa Clara Valley Medical Center (SCVMC) operates programs and funds supported entirely by donors to benefit nearly every part of SCVMC, from pediatrics to rehab to trauma services. For more information, visit the Mobile Vaccination Program page: covid19.sccgov. org/mobile-vaccinationprogram
About Valley Medical Center Foundation: Santa Clara Valley Medical Center is one of the finest county hospitals in America, provider of care to 1 in 4 valley residents. It’s home to San Jose’s only top-level trauma center and offers world-class specialty and primary care services that make the long-delayed dream of health care equality a possibility. Only the institutions in charge of providing clean drinking water do more to protect the health of residents of this valley. Santa Clara Valley Medical Center stands for the proposition that no matter how much money you earn, what kind of job you have, or what language you speak at home, you will always have access to the healthcare you need. And for decades, SCVMC has been acting on that mission. It is a testament to the values and people of this region that here in Silicon Valley, a land of perceived plenty where so many struggles to make ends meet, we fight to take care of our own.
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September 14
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Find out what you need to know today! vote.ca.gov/