By Allen Payton

In a brief interview while he is out of town on vacation, Contra Costa County Assessor Gus Kramer responded to the censure against him by the Board of Supervisors at their meeting on Tuesday, August 14 over sexual misconduct allegations. (See related article).

The conversations and text between assessor Kramer and complainants were mutual and consensual, he explained.

“In fact, most were initiated and or sent by one of the complainants,” Kramer stated. “No inappropriate physical behavior was claimed at all. No touching or asking out on dates of any kind.”

It was only after the two women were not chosen in civil service competition for a supervising appraiser’s position in the Assessor’s Office in 2014, were the complaints made.

“Only then did the conversations become unwelcome,” he said.

Upon being advised of their complaint, Kramer said he stopped all communication with both of the complainants, and they were advised of all of their options.

“None were pursued,” he pointed out.

The independent investigator, hired by the county in 2018, who is a female attorney in Oakland, determined there was no sexual harassment on Kramer’s part. The investigation was not conducted until this year, over three years later, when he was facing re-election.

According to Kramer, during that same time, and at least five years prior, one of the complainants had been lobbying members of the Board of Supervisors to be appointed to the position of County Assessor, should he retire or leave office midterm.

“She didn’t want to stand for election because she did not want to spend the money on a public campaign,” Kramer stated.

He ran unopposed in the June primary and won re-election for another four years.

The Board’s action occurred when neither Board Chair John Gioia nor Kramer could attend the meeting and defend himself or offer his point of view before the vote. He is considering suing the county.

Kramer, Board Chair Gioia unable to attend meeting

By Daniel Borsuk

Contra Costa County Assessr Gus Kramer was censured on sexual misconduct charges by the County Board of Supervisors on a 4-0 vote Tuesday, paving the way for a potential lawsuit by the longtime elected official. Board Vice Chair John Gioia was absent at the meeting because he was touring the tar sands of British Columbia as part of a joint tour for serving as a Board Director on both the California Air Resources Board and the Bay Area Air Quality Management District.

Elected to the county assessor post since 1994, Kramer was represented by his attorney Bruce Zelis of Walnut Creek. He warned supervisors before taking action that the assessor had sought a continuance on the board censure item because of Kramer’s inability to attend the meeting and because of questions that arose about whether the supervisors had violated the Ralph M. Brown Act, the state public meeting law.

Kramer’s attorney also questioned whether the board can discipline an elected official for actions he allegedly committed three years ago and there have been no similar charges leveled against him since then.

Zelis also questioned whether the board can discipline a countywide elected official, which conflicts with the board’s resolution recommendation that states:

“There are six county departments that are managed by elected department heads: the Assessor, Auditor, Clerk-Recorder, District Attorney, Sheriff, and Treasurer-Tax Collector. These elected officials are responsible for managing the county employees who work in their departments. The Board of Supervisors does not have the power to discipline elected officials when their conduct fails to meet the standards of behavior expected of all other county department heads.”

Obviously, supervisors went against the resolution recommendation and moved to censure the county assessor, who last year earned $221,946.80 before benefits.

Zelis refused to comment further with the Contra Costa Herald about the Brown Act violation allegations or other issues about Kramer’s case, but Board Chair Karen Mitchoff of Pleasant Hill said there were no Brown Act violations when she and vice chair Gioia consulted over the proposed Kramer censure resolution prior to the meeting.

“We did not confer with our colleagues,” Mitchoff said.

This may not be the end of line for County Assessor Kramer case. The Contra Costa County Civil Grand Jury will now be handed the case to determine if the allegations involving the assessor and two female employees merit additional investigation.

Supervisors acted on a 2018 outside independent attorney investigation on two charges of sexual harassment dating back to 2015 by two initially unidentified Assessor Department female employees, one of whom has since been identified as associate assessor Margaret Eychner, a resident of Walnut Creek.

“The investigator found that, prior to mid-2015 it is more likely than not that Mr. Kramer made certain comments and engaged in conduct that two individuals who worked in his department considered to be offensive and inappropriate in the workplace.” a board report stated.

In the board’s resolution, the supervisors found “there was sufficient evidence to prove Assessor Kramer had engaged in the following conduct in 2014 and 2015:

• Kramer frequently visited the complainant’s cubicle on the first floor and the complainant frequently visited Mr. Kramer’s office during 2014 and up to March 2015.  During these visits they discussed work related and nonwork-related matters.
• On one occasion Mr. Kramer told her that he had given a vibrator to a woman (not a county employee) as a gift. She thought that this was inappropriate and offensive.
• Mr. Kramer sent her two text messages in 2014 that she believed suggested a romantic/sexual interest in her. She considered the texts to be inappropriate an unwelcome.
• In May 2014, he offered her a rose, which she interpreted to be a romantic gesture.
• As to the second employee/witness, there was sufficient evidence to indicate that Mr. Kramer made a comment in her presence in 2008 and told a story in her presence in 2013 concerning his social interactions with women that she thought were inappropriate and offensive; and that on one occasion in 2015 he made a comment to her that she believed was intended to be sexually suggestive and considered inappropriate, offensive and unwelcome.”

The independent attorney investigator found that evidence did not show Assessor Kramer, who earned $221,946.80 in salary only in 2017, had retaliated against the two employees or had acted to “negatively impact their careers.”  In addition, the investigator’s evidence did show the assessor stopped making inappropriate and offense comments of a sexual nature to both employees after he learned of their complaints in 2015.  No further harassment complaints from the two employees or other employees have been lodged against the Assessor Kramer since June 2015.

“This is not a witch hunt and perhaps there wasn’t any retaliation,” said Supervisor Candace Andersen of Danville, “but you have to remember the county had to pay $1 million in a sexual related case involving the assessor in 2009.”  Andersen was referring to a $1 million settlement paid to Assessor department employee Bernice Peoples in 2009 that Kramer had sexually retaliated against her.

“I want all our employees to feel safe and comfortable,” said Supervisor Diane Burgis of Brentwood after voting in favor of the censure resolution.

Supervisor Federal Glover of Pittsburg did not comment on this item.

Sandy Hook Promise Impresses Supervisors

A Contra Costa County Office of Education presentation on the nationally acclaimed Sandy Hood Promise, a non-profit organization designed to prevent gun violence on K-12 school campuses, won endorsements from all four supervisors in attendance.  Supervisors plan to place a resolution of endorsement on its next board meeting agenda slated for Sept. 11.

Sandy Hook Promise and the county office of education and eventually 18 public K12 school districts in the county are expected to work with the no-cost program that Sandy Hook Promise Vice President of Field Operations Paula Fynboh says is based on a heavy emphasis on student mental wellness.

“You brought us a great gift,” remarked Supervisor Burgis.  “You have my personal support.”

County Real Estate Fraud Unit Reviewed 71 Cases in 2017/2018

Supervisors also approved without comment the District Attorney Office’s annual real estate fraud report for the 2017/2018 fiscal year during which time the Real Estate Fraud Unit reviewed 71 real estate fraud cases, an increase from 64 cases that were reviewed during the 2016/2017 fiscal year.

“Within the last year, our office has secured felony convictions in 3 different cases and has conducted preliminary hearings against another 7 defendants in complex white-collar fraud cases, involving over 2 million dollars in stolen assets,” wrote Deputy District Attorney Adam Wilks, who leads the Special Operations-Real Estate Fraud.

Because real estate fraud is a sophisticated crime targeting especially senior citizens, Wilks wrote: “Within the last year, the Real Estate Fraud Unit restored title to the home of an elderly woman after the home was fraudulently slated for foreclosure auction.  This unit is currently working with federal prosecutors to help elderly victims of a foreclosure scam in operating around the Bay Area.”

Wilks reported that in the 2016/2017 fiscal year the Real Estate Fraud Unit tracked international cases as far away as Nigeria.  “These investigations involve rental fraud, forgery, embezzlement, foreclosure consultancy fraud, short sale fraud and elder abuse,” he reported.

Established in July 1996 by the board of supervisors, the DA’s Real Estate Fraud Prosecution unit is staffed with one deputy district attorney, one senior inspector and one legal assistant.  Last fiscal year, the unit spent $399,705 for salaries, benefits, travel and necessary services.

Resolution Boosts Two County Airports Economic Assets 

Supervisors unanimously gave the county’s two airports – Buchanan Field Airport in Concord and Byron Airport – an economic boost in the form of a resolution recognizing the contributions of the two airports to the aeronautical community and economic growth of the county.

The resolution materializes when the airports, especially Buchanan Field Airport, has drawn increased development interest.  The City of Concord has made overtures to annex the airfield, but Board Chair Mitchoff, whose District 4 covers the Concord air field, said, “There is no way, no how that the city of Concord will annex the air field. It is an economic asset for the county.” Both airports are self-sufficient and do not need to use county general fund money to cover expenses. Instead both airports are moneymakers contributing about $2.77 million to the county general fund, $1.2 million to local schools, and $273,216 to other public entities from associated possessory interest and sales tax.

The supervisors’ resolution boasts how the two airports provides a base of operation to over 600 aircraft, generated about $106 million in total direct and indirect annual economic output in 2016, which includes the creation of 828 jobs, $8 million in state and local revenue and $10.2 million in federal tax revenue.

By Daniel Borsuk

Acting on a consent item, Contra Costa County supervisors passed on a 4-0 vote a commercial cannabis health ordinance that drew zero comments from either the public or supervisors at Tuesday’s one-hour meeting.  Supervisor Candace Andersen of San Ramon was absent.

The fact that the commercial cannabis health ordinance drew no attention was perhaps of secondary importance, given the fact supervisors had set the stage last month to have Contra Costa County voters consider a tax measure on the Nov. 6 ballot that would fund the enforcement of the commercial cannabis health ordinance.

Provided voters pass the tax measure in November, the tax on commercial cannabis from retail, distribution, and manufacturing enterprises could generate anywhere from $1.7 million to $4.4 million a year in revenue for the county to regulate the cannabis industry, protect public resources, and help fund public safety, health, and vital public services.

Some of the standards included in the newly adopted health ordinance are the following:

• Every commercial cannabis activity with a health permit must comply with all state and local laws; maintain a valid State License, County Land Use Permit and County Business Permit.
• Every commercial cannabis activity with a Health Permit must remain closed between 9:00 p.m. and 8:00 a.m. the following day.
• No cannabis or cannabis product may be smoked, ingested, or consumed on the premises of a commercial cannabis activity.
• The ordinance also includes standards that apply specifically to manufacturing, such as the use of volatile solvents is prohibited and retail sales delivery employees are required to examine government-issued identification cards upon delivery of products to customers.
• For retail establishments, the ordinance establishes waiting areas regulations.
• Inside each retail establishment, the permittee will display a sign including the following statement in bold print: “GOVERNMENT WARNING:  CANNABIS IS A SCHEDULE  1 CONTROLLED SUBSTANCE.  KEEP OUT OF REACH OF CHILDREN AND ANIMALS.  CANNABIS MAY ONLY BE POSSESSED OR CONSUMED BY PERSONS 21 YEARS OF AGE OR OLDER UNLESS THE PERSON IS A QUALIFIED PATIENT. THE INTOXICATING EFFECTS OF CANNABIS MAY BE DELAYED UP TO TWO HOURS.  CANNABIS USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL.  CONSUMPTION OF CANNABIS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY.  PLEASE USE EXTREME CAUTION.”

Six areas of the county are off limits to the commercial cannabis ordinance.  Those areas include Acalanes Ridge, Alamo, Bethel Island, Contra Costa Centre, Sandamond Slough, and Saranap.

In the event voters pass the tax measure in November, the commercial cannabis ordinance and health ordinance would go into effect in January 2019.

Supervisors Endorse Diesel Free by ’33 Resolution

Concerned over the human health effects and environmental impacts caused by the emission of greenhouse gasses including carbon dioxide and black carbon, or diesel fuel, the board of supervisors unanimously endorsed a diesel free “33 States of Purpose” reflecting a goal of eliminating diesel pollution by December 31, 2033.  The Bay Area Air Quality Management District, that Board Chair Karen Mitchoff and Vice Chair John Gioia serve on, has established a challenge to other public agencies, especially transit districts, to cut down diesel emission.

The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment has determined that exposure to diesel exhaust can have significant health effects, including damage to lung tissue and increased risk of cancer.

It is estimated that 54 percent of the state’s total black carbon emissions come from on-road and off-road mobile sources powered by diesel engines, according to the California Air Resources Board.

80 Organizations, County Library Awarded Keller Canyon Foundation Grants

Supervisors allocated $1.5 million of Keller Canyon Mitigation Fund grants to 80 nonprofit organizations including a one-year $100,000 grant to the Mt. Diablo Unified School District to provide a modular public bathroom for the public library at Riverview Middle School in Bay Point for one year, July 1, 2018 through July 30, 2019.  Before installation of the modular public bathroom Riverview public library patrons had to use the school restroom facilities when the school was in session.

Nonprofit organizations receiving $10,000 awards each were:  Antioch Rotary Club, All Start Cheer Reaction, Inc., Contra Costa Family Justice Alliance, Craft Community Care Center, Inc., First Baptist Church of Pittsburg, Health Hearts Institute, Loaves and Fishes of Contra Costa, National Council of the United States Society of St. Vincent DePaul, Opportunity Junction, Inc., People Who Care Children Association, Pittsburg Senior and Handicapped Residential Community, Inc., Renaissance Entrepreneurship Center, Singing Eagle Foundation, Soroptimist International of the Americas, Inc., and CCHS Public Health Clinic Services.