Contra Costa Herald

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Contra Costa District Attorney, others want to prevent police unions from contributing to DA candidates during elections

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Call on state bar to create a new ethics rule claiming it “would help restore the independence, integrity, and trust of elected prosecutors by preventing them from taking donations from police unions.”

“They’re trying to hamper pro-law enforcement candidates who will run against them” – law enforcement official (who chose to remain anonymous)

Contra Costa District Attorney Diana Becton. From CCC website.

SAN FRANCISCO – Today, Monday, June 1, 2020, in the wake of mass protests following the killing of George Floyd by a Minneapolis police officer, a coalition of current and former elected prosecutors representing millions of Californians in diverse counties banded together to call on the California State Bar to cure the conflict of interest created by police unions’ outsized influence in local elections.  The new rule would explicitly preclude elected prosecutors – or prosecutors seeking election – from seeking or accepting political or financial support from law enforcement unions. (Read letter, here).

“The legal representation of an accused officer is generally financed by their law enforcement union,” said Contra Costa District Attorney Diana Becton.  “It is illogical that the rules prohibit prosecutors from soliciting and benefiting from financial and political support from an accused officer’s advocate in court, while enabling the prosecutor to benefit financially and politically from the accused’s advocate in public.”

“District Attorneys will undoubtedly review use of force incidents involving police officers,” said San Francisco District Attorney Chesa Boudin. “When they do, the financial and political support of these unions should not be allowed to influence that decision making.”

“When videos emerge like the one depicting the killing of George Floyd or Ahmaud Arbery, the damage it does to the entire criminal justice system cannot be overstated,” said former San Francisco District Attorney George Gascón. “That damage, however, is further compounded by delays in the condemnation, arrest, and charging of the involved law enforcement officers. These feelings, these protests, and the pain we’re seeing, would not be as raw and widespread if we had seen police held accountable by local prosecutors quickly and with regularity.  An important step in curing this pain is curing the conflict of interest that gives, at minimum, the appearance that police do not face consequences swiftly – or at all – due to the proximity and political influence of their union.”

“We have a tremendous amount of work ahead of us to restore trust in our profession, but trust must be earned, it cannot be demanded,” said San Joaquin County District Attorney Tori Verber Salazar.  “The first step to earning that trust back is ensuring the independence of county prosecutors is beyond reproach.”

Prosecutors are in a unique position of having to work closely with law enforcement and simultaneously evaluate whether crimes have been committed by these same officers.  Recent events involving police misconduct in which prosecutors either delayed or failed to file charges have shined a light on the importance of prosecutors making decisions regarding law enforcement officers’ conduct without any undue influence or bias.  Yet when prosecutors initiate an investigation or prosecution of an officer, the law enforcement unions often finance the legal representation of the accused officer. Prosecutors who have received an endorsement from the entity that is funding the defense of the officers being investigated or prosecuted creates, at a minimum, the appearance of a conflict of interest for elected prosecutors.

By precluding elected prosecutors—or prosecutors seeking election—from seeking or accepting political or financial support from law enforcement unions, the State Bar will reduce the presence of conflicts of interest and ensure independence on the part of elected prosecutors.  This proposal also aspires to help reestablish community trust in the integrity of prosecutors at a time when national events have damaged that trust.

For more information, follow #CureTheConflict.

In response, the following questions were sent to Becton’s public information officer, Scott Alonso:

“Is she saying that currently a prosecutor cannot solicit and benefit from financial and political support from an attorney representing a police officer accused of a crime while in court or during the court case? But the police officer’s attorney can support the prosecutor financially and politically when not in court or during the court case?

Please clarify who the accused is in her comment about the ‘accused’s advocate’. I assume it’s the same accused officer she refers to twice before in her comment. But, not sure.

Also, are she and the rest of the DA’s willing to forgo any financial contributions from criminal defense attorneys and public defenders? How about no financial support from any organization and only from individuals who live within their counties? How far should this go to ensure fairness in prosecutions? Isn’t this really one-sided? Also, if the police unions have so much influence in our county and they all backed Becton’s opponent in the last election how did she still win? Isn’t she in effect attempting to violate the free speech rights – which political campaign contributions have been defined as by the courts – of the police unions?

June 2 UPDATE: Alonso responded with, “Any questions about political contributions I cannot answer as a public employee. You would need to direct those to DA Becton’s campaign.”

This reporter then emailed him, “Please pass on my questions to DA Becton. I’m not asking you to answer them. I’m asking for her to.”

Alonso responded, “Her statement speaks for itself. Not sure what else to provide. Her reference to the advocate is the law enforcement union.”

A further email was sent to him with, “Her statement and the effort is clearly one sided and doesn’t answer my questions that I emailed you. Did you pass on my questions to her?  If not can you, please? I really don’t want to have to write that she’s refusing to answer them. Surely neither you nor she expects the media to just run press releases on controversial matters unchallenged and without question.

Thanks for the partial answer to my one question. But it still doesn’t clarify what she’s saying in that quote. How would a prosecutor solicit and benefit from financial and political support of a law enforcement union in court? I seriously don’t understand that.

I really need to hear back from her on the questions I sent. I don’t want to just write she refused to respond.”

Alonso responded with, “With all respect we do answer your questions. Your comment that this ‘effort is one side’ is odd. Not sure what you mean by that. There are standards in place for prosecutors in terms of receiving or benefitting from opposing defense counsel. This is outlined in the letter that you were provided. In terms of any questions on donations I cannot answer that as I have said.”

This reporter further responded by email with, “Yes, in the past you’ve answered my questions and I appreciate that. But I’m talking about this press release on a very controversial, political issue, which is rare if not the only one I recall ever receiving from you.

About the effort being one sided, that’s because all the DA’s and former DA quoted in the press release are attempting to silence one side in the political battle for who should be elected DA. Diana wasn’t backed by any of the police unions in the county, if I recall. They backed her opponent, DDA Paul Graves. Now she’s trying to prevent police unions from contributing to her potential opponents in future elections in effectively silencing their voice during a political campaign. Yet, I don’t see anything in the press release in which she or the other DA’s call for limiting the contributions to candidates from those on the criminal defense side.

Again, I’m not asking you to answer my questions. I’m asking you to pass along my questions to DA Becton, who as an elected official can answer them and should. You sent out on official CCDA letterhead a press release about a political matter. Frankly, that should have gone out on her campaign letterhead if you or she aren’t going to answer questions about it.

Now, please quit being a gatekeeper for her and pass on my questions to her. Another day has passed since you sent me the press release and I still don’t have but one question answered.

I’m trying not to go around you. I do have her cell phone number and have called her before when it was after hours. But I am avoiding calling her. I guess I’ll have to if I can’t get you to simply forward my questions to her.

So, let’s please stop the back and forth. I’m not asking you any questions about a political matter. I’m asking her.”

No response to that email was received.

When reached for comment, Becton said she was in a meeting and to “send questions to Scott.”

Please check back later for any updates to this report and responses from the DA.

Gov. Newsom signs order to expand vote-by-mail options and extend deadlines for Presidential Primary canvass

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SACRAMENTO – Governor Gavin Newsom on Friday issued an executive order to permit vote-by-mail procedures to be used in three upcoming special elections, protecting public health and safety during the COVID-19 outbreak.

The order also extends the deadlines for ballot counting, tabulation, and other responsibilities related to the official canvass of California’s Presidential Primary Election that could risk undermining social distancing measures, and suspends the timeframes for public hearings required by political subdivisions that are in the process of changing from an at-large method of election to district elections.

A copy of the Governor’s executive order can be found here and the text of the order can also be found here.

By just 54 votes Supervisor Glover to face Assessor Kramer in November run off for District 5

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By Allen Payton

With the final results in for the March 3rd Presidential Primary from the Contra Costa Elections Division on Friday afternoon, District 5 Supervisor Federal Glover missed winning the election outright by just 54 votes. He will face County Assessor Gus Kramer in a November General Election runoff. (See results here.)

Had any candidate received 50% plus one vote they would have won in the Primary.

With all the votes counted Glover garnered 22,142 votes or 49.88% of the vote. Kramer placed a distant second out of the three candidates, with 11,441 votes or 25.78% of the vote. He was trailed by Martinez Planning Commissioner and first-time candidate for public office, Sean Trambley, by just 637 votes, with 10,804 votes or 24.34%.

The fall campaign has already begun as Kramer wasted no time in attacking the incumbent.

“I’m looking forward to the run-off. It will give me the chance to show the electorate who I really am and who my opponent really is,” he said when reached for comment, while social distancing at his cabin for the next three weeks. “Glover said four years ago and eight years ago that would be his last time running. It’s one of the reasons I’m running against him. He’s not a man of his word.”

“The citizens of Contra Costa deserve a supervisor they can trust,” Kramer saiud.

“I want to thank all the voters who voted and supported me,” he stated. “And all those who didn’t believe the political hit pieces that were mailed out and the campaign the East Bay Times has mounted against me for the past eight years but, continued to show faith in me. We’re hoping, and will be working to build on that support for November.”

“He doesn’t plan on fulfilling this term, is what I’ve been told by those who are close to Federal,” Kramer added. “Then he will lobby the governor to appoint someone who he supports, to replace him.”

Glover wasn’t ready to engage at this point, but just thanked his supporters and encouraged people to comply with the coronavirus orders.

“It’s interesting, but we’ll gear up for November,” he said. “I really just want to thank the voters for their continued support of my candidacy. Going into November we’re going to continue to ask their support of our efforts. I look forward to continuing to represent the district.”

He is focused on the coronavirus, for now.

“While I’m very thrilled with the election results and the voters who supported me, my major concentration, now is this coronavirus,” Glover stated. “The county as a whole, and my district, it’s really important that we follow the rules, now so that we can flatten the curve to be able to get on with our routine services.”

“But, if everyone does not follow the orders that have been put out there, it’s going to take us just that much longer,” he said. “So, please be obedient to the rules as we’re all in this together.”

“Be safe and stay healthy,” Glover added.

Other Election Results – Four of Seven Measures Pass

Measure J fails countywide. While a majority of voters supported it, the countywide, half-cent sales tax measure for transportation needed a two-thirds vote to pass, meaning 66.7% of the vote. But it only received 51.59%. So, the $3.4 billion measure failed. It would have meant an additional half-cent in sales tax would have overlapped the current Measure J half-cent sales tax for 14 years.

Measure A fails in Pleasant Hill. The bond measure for the Pleasant Hill Park & Recreation District needed a two-thirds vote to pass, but only received 60.15%.

Measure L passes in the Lafayette School District. The parcel tax election, which required a 2/3’s vote to pass, received 73.07% of the vote.

Measure M passes in the Moraga School District. The parcel tax election, which also required a 2/3’s vote to pass, with 70.74% of the vote.

Measure R passes in the West Contra Costa Unified School District. The school bond election required 55% of the vote to pass and garnered more than enough with 58.59%.

Measure T fails in Antioch. The $105 million school improvement bond covering the former Mello-Roos District 89-1 required 55% of the vote. It barely lost at just 43 votes shy of passing with 54.53% of the vote.

Measure Y passes in Danville. The voters of the Town of Danville approved the development of 69 homes on 410 acres. It required a simple majority to pass and received 54.23% of the vote.

County Clerk-Recorder and Elections continue ballot count but limit public access due to COVID-19

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From Deborah Cooper, County Clerk-Recorder and Registrar of Voters

The Clerk-Recorder-Elections Department remains open to provide essential services, but access to buildings and in-person services is limited. The counting of remaining ballots from the March 3 Presidential Primary election will continue until complete.

Those who want to observe the count are still welcome, but they need to call to make an appointment. The Elections Division is hoping to certify the election, this week. As of last Friday’s update, there were still 30,500 ballots remaining to be counted in the county.

The Department is urging customers to use online services in an effort to help reduce the rate of COVID-19 transmission. In-person services are currently limited to transactions that cannot be done online, over the phone or through the mail.

Elections Division: Most information and election services are available online at https://www.cocovote.us/

For any necessary in-person visits please call and arrange an appointment. Contact the Elections Division for assistance with voting or election information, state or local petition delivery, or other needs at 925-335-7800.

Clerk- Recorder Division: Customer assistance for Clerk or Recording services is available by calling (925) 335-7900. Normal hours of operation are 8 am to 4:30 pm (subject to change).

Clerk Services: Most Clerk services are available online, with few exceptions. Civil marriage ceremonies will not be performed in the office until further notice. County Clerk services information is available on the department website at https://www.contracostacore.us/

Recording Services: Customers are encouraged to mail documents for recording to Contra Costa County Recorder at 555 Escobar Street, Martinez, CA 92553 or place documents in the drop box at the building entrance. Prior to mailing documents for recording, documents may be emailed for review and fee information to crwebmaster@cr.cccounty.us.

Recording information is available at www.contracostacore.us/

For updates related to the novel coronavirus (COVID-19), visit www.coronavirus.cchealth.org/.

County elections update: Glover inches closer to victory, 30,500 ballots remaining to be counted

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Manual tally to begin Monday, four of six tax measures in county passing, Danville development referendum successful

By Allen Payton

With the latest, Interim Update 3 from the Contra Costa County Elections Division from the March 3rd Presidential Primary posted Friday, March 13, there are still approximately 30,500 votes remaining to be counted in the county.

Supervisor Federal Glover gained on his two opponents and is now less than 0.12% from winning re-election outright. He now has 49.89% of the vote for a total of 20,330 votes. His next closest opponent, County Assessor Gus Kramer has 25.62% of the vote or 10,440 votes, followed closely by Martinez Planning Commissioner Sean Trambley with 24.49% or 9,981 votes.

If Glover doesn’t end up having 50% plus one vote, he will face the second-place finisher in a November General Election run-off.

Four of Six Tax Measures Passing

Four of the six tax measures on the ballot in Contra Costa are passing, as of the latest update.

In the Lafayette Measure L school district parcel tax election, which requires a 2/3’s vote to pass, it’s succeeding with 72.6% of the vote and a lead of 4,589 votes.

In the Moraga School District, the Measure M parcel tax election, which also requires a 2/3’s vote to pass, is succeeding with 70.27% of the vote and a margin of 2,731 votes.

In the West Contra Costa Unified School District Measure R school bond election, which requires a 55% vote to succeed, it is passing with 57.3% of the vote and leading the No votes by 8,009 votes.

The election for the Antioch Unified School District’s Measure T school improvement bond, is still too close to call. It needs 55% of the vote to pass and currently has 53.13% with a margin of 1,511 votes.In the Lafayette Measure L school district parcel tax election, which requires a 2/3’s vote to pass, it’s succeeding with 72.6% of the vote and a lead of 4,589 votes.

The Pleasant Hill Park and Recreation Department’s Measure A bond measure, which requires a 2/3’s vote to pass, is failing with only 59.55% of the vote, but leading by 2,463 votes. It needs an increase of 6.12% from the remaining votes.

The countywide Measure J half-cent sales tax for transportation, which requires a 2/3’s vote to pass, was also failing with just 50.6% of the vote, and barely leading by 3,472 votes out of 288,644 counted so far.

Danville Development Referendum Passing

In the Town of Danville’s Measure Y referendum, which will approve the development of 69 homes on 410 acres and requires a simple majority to pass, is winning with 54.26% of the vote and a margin of 1,477 votes.

Following are the estimated number of ballots that remain to be counted as of Friday, March 13.

500          Other

29,200     Provisional

800          Conditional Voter Registration

30,500     Total Estimate

Manual Tally

Beginning Monday, March 16 the Elections Division will conduct a manual audit of ballots cast in the March 3rd Presidential Primary. The public is invited to observe the count.

Contra Costa elections update shows District 5 race for Supervisor too close to call

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By Allen Payton

As of the update posted Friday, March 6, 2020 at 4:33 p.m., the results of the election for Contra Costa County Supervisor in the District 5 race between incumbent Federal Glover and two challengers is still too close to call.

Glover, seeking his sixth term on the board, is just 0.3% away from winning the race outright. If not, in the November General Election he will face either County Assessor Gus Kramer, who has 25.82% of the vote and leading Martinez Planning Commissioner Sean Trambley with 24.48% of the vote, by just 516 votes.

However, there are approximately 40,000 ballots remaining to be counted in the county. According to the Contra Costa County Elections website:

Below are the estimated number of ballots that remain to be counted as of March 6

7,500       Vote by Mail

29,200     Provisional

800          Conditional Voter Registration

2,500       Other

40,000    Total Estimate

Before the latest update was provided, Trambley commented on Thursday, “We will see what happens. Although this wasn’t the outcome I expected, I’m proud of the campaign I ran.”

“Hard to say how many of those (remaining ballots) are in District 5,” he added.

Burgis, Andersen re-elected Supervisor, Glover appears to be facing run-off, opponent not yet decided

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Supervisor Diane Burgis and supporters look at the results online during her Election Night party in Brentwood, Tuesday night.

“It’s not over.” 50,000 ballots left to be counted in the county. Next results update not until this Friday by 5 p.m.

Supervisor Federal Glover (in red shirt) checks the election results on his laptop surrounded by family and supporters as they celebrate his first place finish at his home in Pittsburg, Tuesday night. Photo courtesy of the Glover campaign.

By Allen Payton

According to the unofficial election results on the Contra Costa Elections website from Tuesday night at 11:58 pm, Supervisor Diane Burgis is sailing smoothly into a second term, having garnered 66.49% of the vote against her opponent, Sanitary District Board Member Paul Seger who has 33.51% of the vote.

In a Facebook post Tuesday night, Burgis wrote, “Looking Good! The numbers will be coming in for the next couple days with all of the mail in ballots. Thank you to all those that helped make this happen. The walking & calling, the letters to the editor, Facebook posts & helping hang up signs. You all kept it positive & professional. I am blessed to have such a terrific support system! It is an incredible privilege to do this work & I look forward to another 4 1/2 years!”

Then on Wednesday afternoon, Burgis said, “I want to thank everyone for voting. It is a privilege to serve you, and I will continue to work hard every day to maintain your trust. I look forward to doing more good work for Contra Costa County.”

Supervisor Candace Andersen faced no opponent in her race for reelection in District 2, representing Lamorinda and most of the San Ramon Valley. In a Facebook post Wednesday morning, Andersen wrote, “I never take any election, even when running unopposed, for granted. Thank you to the 34,750+ (votes are still being counted) people who voted for me! I love my job and look forward to another 4 years. And congratulations to my colleague Diane Burgis who also won her election!”

Supervisor Federal Glover, running for a sixth term on the board to represent, is in a strong first place with 48.96% of the vote, just 1.05% shy of winning the election outright. He’s followed by County Assessor Gus Kramer with 27.24% who is closely trailed by Martinez Planning Commissioner Sean Trambley with 23.8% of the vote.

If Glover isn’t able to obtain 50% plus one vote, he will face one of his opponents in a run-off election in November.

The results only include votes by mail up until Monday and the votes at the polls on Tuesday, according to County Elections staff. They will know after 3:00 p.m. today, Wednesday, how many ballots are left to be counted in the county.

Glover was available for comment, Wednesday morning.

Kramer believes he’ll end up being Glover’s opponent in the General Election.

“It’s quite frankly too close for comfort,” he said. “Most likely, odds are I will be his opponent. I have some people who are telling me they’re surprised I did as well as I did with all the bad press from the Times. I have others who have said they’re not surprised.”

“It’s better to have tried and failed than to have failed to try,” he continued. “That’s my attitude about this race.”

“They have 50,000 ballots left to count, countywide, which means there’s about 10,000 ballots in this race, alone,” Kramer added. “It’s not over.”

Glover’s other challenger, Trambley, who has never held public office before and was running for office for the first time, was not available for comment Wednesday morning.

The next update to the results will not be provided until this Friday, March 6 by 5:00 p.m. The Elections Division has 28 days to certify the election.

Please check back later for updates to this report.

 

Primary Election results in Contra Costa begin shortly after 8:00 p.m. Tuesday

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The first report will be released at 8:00 pm on election night, March 3, and posted to the Elections website www.cocovote.us immediately afterward. The initial posted results will be Vote by Mail ballots that are returned through Monday March 2.

The second report, with results from the polls, will be issued at 9:30 pm with subsequent updates approximately every half hour until all precincts have reported. The final election night report is expected to be issued by 1:00 am.

The first interim report will be posted by 5:00 pm on Friday March 6 and will contain results from Vote by Mail ballots received on and after Election Day. Additional results will be posted each Friday afternoon up to certification which is expected to be March 31.

The availability of updated reports will be communicated via Twitter and Facebook, using the hashtag #cocovote. Changes to the reporting schedule, if any, will also be communicated on these social media sites.

The Contra Costa Elections Division social media pages are:

https://www.Twitter.com/CoCoElections

https://www.facebook.com/EngageContraCosta/

https://www.facebook.com/ContraCostaElections/

Local election results will also be available throughout election night on Contra Costa Television (CCTV) beginning at 9:00 pm on Comcast channel 27, Astound channel 32 and AT&T U-Verse channel 99.

Writer supports Supervisor Burgis for re-election for her “integrity, brilliance and imagination”

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Dear Editor:

I writing to express my genuine respect, admiration, and appreciation for Supervisor Diane Burgis and whole-heartedly support her re-election.

We are blessed to have a leader with the level of integrity, brilliance, and imagination that Diane has demonstrated in serving the people of Contra Costa. She is a woman who is relentless in her efforts to bring innovation to our region and has made significant strides towards job and business creation to support our local workforce.

I have witnessed first-hand Diane’s wisdom and her dedication to regional improvement through her work on business-based drone development in far east Contra Costa, the creation of a multimillion-dollar light industrial park at the site of the former DuPont plant in Oakley, and the launch of the Family Justice Center in Antioch that includes job training and support for people who have been victims of human trafficking as well as those who seek skills training in technology employment through the work of the “Love Never Fails” project that has made significant impact throughout the Bay Area.

Diane is accessible and genuinely loves our communities and those of us who live here. Please cast your vote for Supervisor Diane Burgis, so she can continue with the amazing work she is doing for the benefit of our families. My husband Keith is fully in support of this statement.

Iris Archuleta

Antioch

Voter registration opportunity remains for presidential primary

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At Regional Early Voting locations on Thursday, February 27th through Monday, March 2nd

By Scott O. Konopasek, Assistant Registrar, Contra Costa County

The voter registration deadline has passed, but you can still register and vote in one transaction between now and Election Day. Several convenient locations will be available leading up to and during Election Day for you to register to vote and cast your ballot.

Contra Costa Elections Division offers Conditional Voter Registration as a safety net for those who were unable to complete or update their voter registration before the deadline. Those who are already registered may also update their address or political party preference.

“We want make sure that everybody who is eligible to register to vote has ample opportunity to cast their ballot,” said Deborah Cooper, Contra Costa Registrar of Voters.

The Conditional Registration steps include going to an eligible county location, filling out a form that includes your name, address, date of birth and either the last four digits of your Social Security Number or your driver’s license number, and casting your ballot. Conditionally voted ballots are processed once our office completes the verification of the voter registration and confirms no ballot has already been voted. This service is available at the Elections Office, 555 Escobar in Martinez, during normal business hours and on Election Day from 7:00 am to 8:00 pm.

Conditional Voter Registration will also be available at Regional Early Voting locations on Thursday, February 27th through Monday, March 2nd (excluding Sunday). Regional Early Voting is 11:00 am to 7:00 pm on the weekdays and 8:00 am to 5:00 pm Saturday, February 29th. These locations are available to all Contra Costa voters looking to cast their ballot ahead of time and avoid the Election Day rush. Any Contra Costa voter can vote at any one of the Regional Early Voting locations.

• Antioch Water Park, 4701 Lone Tree Way, Antioch

• Richmond Memorial Auditorium, 403 Civic Center Plaza, Richmond

• Hyatt House, 2611 Contra Costa Blvd, Pleasant Hill

Conditional Voter Registration is also available on Election Day at any of the county’s 166 polling places. For more information, call 925-335-7800.