From:

To:
Subject:
Date:

Clara Chowkumo
McElhaney, Lynette; Kalb, Dan; Guillen, Abel; Campbell Washington, Annie; Gallo, Noel; Brooks, Desley; Reid,
Larry; Kaplan, Rebecca; Office of the Mayor; Schaaf, Libby
Benjamin Scott abuse of power
Monday, February 01, 2016 9:42:34 AM

To Council members and Mayor

We are writing to oppose Mr. Benjamin Scott's appointment as a Landlord alternate on the
Rent Board, he had already served 7 years on the board. It is well beyond the maximum 2-3
year terms, plus a full "holdover" year in addition. It is long past time that Mr. Scott
Benjamin be replaced ( otherwise , why have maximum term limits. )
I have attended two Board meetings in 2015. Mr. Scott was unprofessional, bullied his way
through the board and treated the newest tenant board member with disrespect and insults. I
was appalled with his behaviour and he should have been removed from the board long ago.
The 12/10/15 meeting was recorded and documented , i urge all of you to review the minutes
and decide for yourself. Pls. reference case Lew vs. Kaplan, Geren, Chow and Asendorf.
In that particular case, Mr. Lai ( rent board member ) had to recuse himself since he knows
the landlord Lew. Mr Scott still urged the other members to allow Mr. Lai to vote for the
case, believing Mr Lai can render an unbiased and independent decision. He repeatedly
bragged about his 7 years experience on the board, and explicitly try to influence the other
member to vote with him.
Thank you for your attention in this matter,
Kumamoto

From:
To:
Subject:
Date:

Pat Kaplan
Kalb, Dan
Housing Board appointments
Sunday, January 31, 2016 9:14:14 AM

Dear Mr. Kalb,

Please strongly oppose the appointment of Benjamin Scott, a landlord, as an alternate on the
Housing-Rent Board. He has served as a Board member for 7 years, the maximum in that
position. I have personally witnessed him treat other board members (tenant representatives)
with disrespect. He goes out of his way to see the landlord's position in disputes but never the
tenant's. He never seems to just look at the facts and try to be impartial as is his job on the
board.
We need a fresh person who can fairly adjudicate a case on its merits.
Thank you.
Pat Kaplan
Tenant
Oakland, CA 94609

From:
To:
Cc:
Subject:
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jamesevann@aol.com
McElhaney, Lynette; Kalb, Dan; Guillen, Abel; Campbell Washington, Annie; Gallo, Noel; Brooks, Desley; Reid,
Larry; Kaplan, Rebecca; Office of the Mayor; Schaaf, Libby
Moss, Tomiquia
RE: FEB 2 CITY COUNCIL -- AGENDA ITEM 7.11 -- APPOINTMENTS TO RENT BOARD -- PLEASE DO NOT
APPROVE !!
Saturday, January 30, 2016 11:11:36 AM

O a k l a n d T e n a n t s U n i o n
P.O. Box # 10573 / Oakland CA 94610 / (510) 704-5276 or 763-0142 /
www.oaklandtenantsunion.org

TO:
Mayor Libby Schaaf
Council President Lynette Gibson McElhaney
Council Vice President Larry Reid
Council Vice Mayor Rebecca Kaplan
Councilmember Dan Kalb
Councilmember Abel Guillen
Councilmember Anne Campbell-Washington
Councilmember Noel Gallo
Councilmember Desley Brooks
Dear Mayor Schaaf and Council Members

Regarding Item 7.11 of the City Council agenda for Feb 2, Benjamin Scott and Edward Lai are nominated
for RE-APPOINTED to the Rent Board even though their regular terms are "timed-out."
PLEASE DO NOT RE-APPOINT "BENJAMIN SCOTT" TO THE RENT BOARD -- for at least
the following reasons:
1. Scott has been a Board Member as "landlord representative since 2008.
2. Scott has served the Charter-ordained limit of 2 full 3 year terms.
3. In addition, Scott has already completed an extra 1-year "holdover" term -- as permitted by the Charter.
4. Throughout his terms, Scott has dominated Board discussions, and very very seldom has voted in a
tenant's favor, regardless of merit.
5. Although all Board members are pledged to adjudge each case justly and fairly on the facts, Scott votes
strictly pro-landlord.
5. Although Scott has served his terms as "landlord representative," Scott has stated from his Board seat
that he is a "tenant."
6. 'Heaven Forbid' if Scott should somehow be moved into a "tenant seat" -- all pretense of justice and
fairness would go out the window.
7. Term-Limits are written into the Charter for a purpose. Why skirt the Charter by re-appointing "termedout members" to "alternate" seats."
8. Nothing in the Rent Ordinance specifically specifies that "alternate members" are term-limited.
9. The Charter proscribed "term limits" are for the very purpose of permitting a broad range of residents to
serve on volunteer boards.
10. Extending the appointment of Benjamin Scott will set an undesirable "precedent." No such action has
ever been taken before for the
Rent Board.

RE: APPOINTMENT OF "EDWARD LAI" AS "ALTERNATE" (neither landlord nor tenant)

REPRESENTATIVE:
1. Edward Lai, homeowner, has served on the Rent Board since 2009.
2. Lai has completed the Charter-ordained limit of 2 full 3-year terms, a total of 6 years.
3. Lai is eligible to remain on the Board in his present seat for a 1-year "holdover" period.
4. No action is required for Edward Lai to begin one (1) additional year of service during a "holdover"
year.
5. There is no reason or justification to move Lai from "holdover" status to "alternate" status.
6. Tenant Advocates do not object to Edward Lai serving an additional "holdover" year, as that is already a
prerogative granted by Charter
to Mayor Schaaf.

James E Vann, CoFounder

Oakland Tenants Union

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bgeiser
Kalb, Dan; Guillen, Abel; McElhaney, Lynette; Campbell Washington, Annie; Gallo, Noel; Brooks, Desley; Reid,
Larry; Kaplan, Rebecca
DL - City Council; Schaaf, Libby; Office of the Mayor; Roberts, Brenda; Parker, Barbara
Tues Feb 2 5:30pm - Oakland City Council mtg - Remove item 7.11 RAP HRRRB appointments from the consent
calendar
Monday, February 01, 2016 9:29:05 PM

Oakland City Hall

1 Frank H. Ogawa Plaza
Oakland, CA 94612

Attention: Councilmembers:
Dan Kalb, district 1
Abel J. Guillen, district 2
Lynette Gibson McElhaney, district 3
Annie Campbell Washington, district 4
Noel Gallo, district 5
Desley Brooks, district 6
Larry Reid, district 7
Rebecca Kaplan, at-large
Libby Schaaf, Mayor
Barbara Parker, City Attorney
Brenda Roberts, City Auditor

Regarding: Tuesday February 2 Oakland City Council Meeting - Remove Item 7.11 RAP HRRRB
appointments from the consent calendar

Councilmembers,

From the Rent Adjustment Ordinance:

8.22.040 Composition and functions of the Board
C. Terms and Holdover.
1. Terms. Board members' terms shall be for a period of three years beginning on February 12 of each
year and ending on February 11 three years later. Board members shall be appointed to staggered terms
so that only one-third of the Board will have terms expiring each year, with no more than one Board
member who is neither a residential rental property owner nor a tenant, and no more than one rental
property owner and no more than one tenant expiring each year. Terms will commence upon the date of
appointment, except that an appointment to fill a vacancy shall be for the unexpired portion of the term
only. No person may serve more than two consecutive terms.
2. Holdover. A Board member whose term has expired may remain as a Board member for up to one
year following the expiration of his or her term or until a replacement is appointed whichever is earlier.
The City Clerk shall notify the Mayor, the Rent Program, the Board, and affected Board member when a
Board member's holdover status expires. Prior to notification by the City Clerk of the end of holdover
status, a Board member may fully participate in all decisions in which such Board member participates
while on holdover status and such decisions are not invalid because of the Board member's holdover
status.

What the mayor is proposing is il-legal. Both proposed appointees have already served two complete
terms - one as a so-called "neutral" (non-renter or residential rental property owner) and the other as a
residential rental property owner.
There are over 400,000 residents in Oakland.Roughly 40% are not residential renters and their wages
tend to be double or triple what the typical renter householdin Oakland earns. These two categories
should be the easiest to fill. The mayor can surely find twoNEW responsible candidates

Past experience will suggest that neither the city staff or the city attorney will give good advice on legal
issues.

brian geiser