Yesterday, deeply unpopular Mayor Ron Dellums named his long-time aide, Interim City Administrator Dan Lindheim, permanent City Administrator. Nevermind that the interim appointment of Mr. Lindheim was illegal, or that Mr. Lindheim has no experience as a city manager, or that his seven months as interim administration have been among the city’s worst. His appointment must be confirmed by five members of the City Council, and it is up to them whether Oakland continues its deeply frightening downward spiral or demands professional, competent, and qualified management instead of cronyism.

The City Administrator is the single most powerful official in the City of Oakland. He has power over all 5000 city employees and every department’s budget. The Chief of Police, the CEDA Director, and the Budget Director are among the top administrators that report to him. It was former City Administrator Deborah Edgerly’s intimate involvement in the Police Department that allowed her to allegedly tip off a relative that he was under surveillance. Oakland simply cannot afford a subpar City Administrator in charge of everything from parking tickets to gang investigations.

Dan Lindheim, Dellums’ longtime Congressional aide who later worked for the World Bank, does not meet the most basic qualifications to be the top official of this troubled 420,000-person city. He has been the Interim City Administrator for almost seven months, during which time he has overseen the complete meltdown of city functions from policing to labor relations to parking, including several public-safety scandals that contributed to Chief Tucker’s resignation. Appointing Mr. Lindheim City Administrator is entirely unacceptable, and activists are asking citizens to write their Councilmembers in opposition.

Mayor Dellums claims he used public funds to conduct a nationwide search for City Administrator. How did Dan Lindheim, who has no relevant experience, win that competition? The public deserves a real City Administrator with a successful record, and our representatives need to know. Oakland’s only hope is for a public outcry to prevent the Council from approving Dellums’ unqualified crony to run the city including its police department. Please email your Councilmembers asking for them to oppose the appointment of Dan Lindheim as City Administrator because he is utterly unqualified, and Oakland deserves better.

UPDATE: Becks at Living in the O also calls for citizens to urge their representatives to oppose Lindheim’s appointment, and A Better Oakland agrees.

District One (Rockridge – Piedmont – North Hills – Golden Gate): Jane Brunner, jbrunner at oaklandnet dot com

District Two (Grand Lake – Chinatown – San Antonio): Pat Kernighan, pkernighan at oaklandnet dot com

District Three (West Oakland – Downtown – Adams Point): Nancy Nadel, nnadel at oaklandnet dot com

District Four (Montclair – Dimond – Laurel): Jean Quan, jquan at oaklandnet dot com

District Five (Fruitvale – Glenview – Jingletown): Ignacio de la Fuente, idelafuente at oaklandnet dot com

District Six (Millsmont – Seminary – East Oakland): Desley Brooks, dbrooks at oaklandnet dot com

District Seven (Outer East Oakland – Airport – Coliseum): Larry Reid, lreid at oaklandnet dot com

At the beginning of the summer, in response to criticisms of his productivity and his bumbling of the Deborah Edgerly affair, Mayor Ron Dellums announced a “top-to-bottom review” of the city budget, the mayor’s office, and candidates for City Administrator. Since then, he has once again turned in a late budget, produced no reports or initiatives, and failed to appoint officials crucial to the operation of the city.

It’s been 148 days since Oakland has had a permanent City Administrator, the most important job in the city (longer if you believe Dellums’ claim that Eagerly in fact agreed to resign in January), and most managers have “Interim” in their title. The Oakland Planning Commission has lacked its seventh member since May 6. This absence of leadership has made City Hall even more dysfunctional than usual. The reader need only watch one major public meeting to see how poorly staff is performing without direction or any authority.

I used to oppose a recall, but it is now clear that Dellums cannot even fulfill the most basic function of the mayor’s job, to appoint the powerful officials who run the city. Without a permanent City Administrator or a full Planning Commission, the business of city government is not accomplished. The situation is intolerable, inexcusable, and illegal – there is no provision in the Charter for a permanent Interim City Administrator! It’s time for a new mayor, because we don’t currently have one.

However, a recall campaign would take about five months from filing to an election (assuming signatures would be gathered quickly). Even if nicely timed to fit the very probable special election next June, a new mayor would get only a year-and-a-half jump on running the city, and since mayoral campaigns will begin in a year, it’s only six months before Dellums becomes an even lamer duck. Is it worth expending $100,000 or more only to move the next mayoral election up by less than a year? With every passing hour, a recall is less valuable.

Thoughts around City Hall are already turning to 2010, as Chip Johnson points out today. In the meantime, politicians, whether newly-elected or turning their eyes to a bigger prize, need to attend to the business of governing. If no-one starts a recall by the end of the year, the City Council will be the only body with any authority in 2009. Though we’re all looking forward to a future with a capable Mayor, some decisions need to be made in the present.

This action was probably necessary before the Council meeting to avoid any confusion over who should sit at the dais - as of this morning, there were three possibilities.

UPDATE at 7:45 – I obtained a copy of Mayor Dellums’ letter. He politely notified the City Councilmembers of Ms. Edgerly’s dismissal, and wrote to Ms. Edgerly, “I have elected to terminate you, effective immediately.” She was asked to contact the mayor’s assistant about returning city property.

Edgerly’s letter to council members also questioned whether Dellums had the authority to name Dan Lindheim, the former head of the Community and Economic Development Agency, as acting city administrator. Her letter said that under the city’s charter it was her responsibility to appoint an acting city administrator in her absence, and that she had already appointed Assistant City Administrator Cheryl Thompson to the post.

Monday, however, agencies and departments were reporting to Lindheim, said Dellums spokesman Paul Rose.

City Attorney John Russo could not be reached for comment Monday evening, but the letter Dellums sent appointing Lindheim included language from Russo’s office saying, “the Mayor has the authority to authorize Mr. Lindheim or another City employee to serve in an ‘acting’ capacity” as city administrator.

The argument is that Dellums does not have the authority to appoint an acting administrator. Edgerly’s letter points out that the charter says that an acting administrator is to be named by City Administrator in the advance of an absence. The charter’s definition of Acting City Administrator, first published by OaklandFocus:

Section 502. Acting City Administrator. The City Administrator shall designate two or more of his assistants or department heads, in the sequence in which they are to serve, as Acting City Administrator to serve as City Administrator in the temporary absence or disability of the City Administrator. (Amended by: Stats. November 1988 and March 2004.)

In a relatively daring new-media move, the Trib’s online article (headlined: Edgerly Aims to Postpone Retirement”) includes a poll asking its readers whether Ms. Edgerly can “run the city” (which seems moot). Polls hint at not only the sentiment of the online community but how many readers a site has.

In other news, The DTO ♥ DeLauer’s.

Dear Ms. Edgerly, 

Effective immediately, I am placing you on administrative leave with pay until July 31, 2008, the date on which you are retiring from your position as City Administrator. 

Sincerely, 

Ronald V. Dellums

The mayor also said that he has been trying to reach Ms. Edgerly without success since yesterday evening.

Mayor Dellums named CED chief Dan Lindheim interim administrator.

I plan to introduce legislation to prevent some of the recently alleged abuses of our hiring processes from ever happening again.

As many of you know, for the past fifteen years I have continuously worked to reform Oakland City Hall into a responsible and accountable government that is responsive to you. I have fought for good hiring practices that give us the best and most qualified employees. I have fought for technology such as GPS, management systems, and policies that ensure sure your tax dollars are used efficiently and quality services are provided. I have fought for this bureaucracy to recognize the incredible liabilities we’re creating for future generations through generous employee benefits. I will continue to fight these extremely challenging battles and I hope you will continue to fight alongside me.

Pat Kernighan wrote:

Moving forward, the City Council must act to ensure that there are mechanisms in place that help prevent abuses of power by City officials, and that promptly expose any abuses that do occur. To that end, I am proposing several immediate measures:–That the Council pass a Whistleblower Ordinance so that employees do not fear retribution for reporting misconduct and fraud. ( I co-sponsored this with Auditor Ruby yesterday.)

–That the Council fully fund the City Auditor’s Office so that the Auditor has adequate personnel to conduct prompt and thorough investigations.

–That City government’s hiring and discipline practices be audited to uncover any family favoritism or other abuses that may be occurring.

Meanwhile, Zennie Abraham at OaklandFocus reports a rumor that Ms. Edgerly has already been placed on leave. I am unable to confirm this.

“We’re aware of the allegations. We take them very seriously. They’re very serious allegations, and as we speak, we’re looking into them,” said Mayor Dellums. When asked if Edgerly still had her job, the mayor replied “That is to be determined.”

Ms. Edgerly revealed that she wrote a Request For Proposal to executive search firms for her replacement. She made herself available to stay on after July 31st to ease the transition, though “there are some cruises” she wants to take. Her resignation letter, whose “integrity” Mayor Dellums “agreed to maintain,” discussed a “90 – 120 day employment period” to ensure a “seamless transition.”

The City Administrator runs the entire city, including the police department (though the chief will now report directly to Mayor Dellums). The City Council is mandated by the charter to go through her if they want to do anything. The administrator “shall serve at the pleasure of the mayor,” meaning that he can fire her without cause but the City Council cannot even with cause. Alongside writing ordinances and spending money, the City Council’s authority rests in ordering the Administrator (or the department heads that report to her) to implement motions. The administrator and department heads are then in turn dependent on lower-level bureaucrats to perform the work.

It is therefore integral to the functioning of Oakland’s government that the City Administrator have the full confidence of her 5000-person staff and all elected officials. Deborah Edgerly does not, and Dellums has done a terrible job communicating the situation with city employees. The Council should be frustrated, and the public should question whether the Mayor values their faith and confidence in local government. Not only did he decline to remove Ms. Edgerly from office, but he is allowing her to guide the search for her replacement. Ms. Edgerly issued RFPs for a search team Monday Friday, she said, though she did not instruct the assembled press and onlookers how to find the documents.

My sources at City Hall confirm the Trib’s report that Deborah Edgerly is performing her normal duties. Mayor Dellums has informally rescinded his (allegedly charter-violating) memo and instructed the “cabinet” of city department heads to resume reporting to Ms. Edgerly.

Despite allegations of “interference” with a police gang investigation involving her now-arrested nephew (a city employee who handled public money), Oakland’s 5000 employees are apparently to attempt to go about their duties while receiving conflicting accounts of who is in charge. This episode is only providing further ammunition to Dellums critics who call him indecisive and ineffective. With important public hearings on the docket today, City Councilmembers will have to issue instructions to staff without knowing who will carry them out.

The rumors and press stories this week are shocking. Shocking because they are untrue and unfounded. Shocking because the safety of West Oakland, my lifetime home, and the safety of all Oakland residents, is what I devote 24 hours a day, 7 days a week in my service as City Administrator to protect. Shocking because I am being tried in the court of public opinion by rumor, innuendo and
presumption of guilt.

There is obviously much more to this story than can be revealed at this time or in this setting, given that an investigation is now underway. I welcome this investigation and am cooperating fully with the appropriate authorities so that the truth will emerge. I am confident that when it does, you will see a very different picture.

What I can say is this: I have not been fired or asked to resign. I have had many gracious and warm conversations with Mayor Dellums over the past three days, as recently as this afternoon. No ultimatums were issued and no decisions have been made. The Mayor has given me several days to assess the situation and we will regroup next week.

I have lived in Oakland my entire life and dedicated myself to serving it with pride— faithfully and honorably— for more than 20 years. I will not allow these allegations to define my fine career of service to this city that I love.

Of course, Ms. Edgerly is right that she’s “being tried in the court of public opinion by rumor, innuendo and presumption of guilt.” But notice the statement never says she’s going to continue serving as City Administrator.