As the author of the Berkeley City Council resolution requiring that the Council approve and be informed of past items acquired by our Police Department through the Department of Defense 1033 Program, I want to respond to concerns in Mr. Martinot’s Op-Ed. I also want to further explain my intent.

I am deeply concerned about the blurring of the lines between the military and our police. Our country was founded on the principles of the military and police being subordinate to civilian control and clear boundaries between the civilian sphere and the military. The 1033 Program as now conceived under President Trump has the potential to subvert these principles by: (1) facilitating transfers of excess defense material that is often wholly inappropriate for police-use, and (2) doing so without local civilian oversight.

I share the goal of a complete prohibition of participation in the program. Mr. Martinot’s arguments that future Councils may be less skeptical about this program and that interacting at all with the federal security state is the slippery slope are well taken. However, given the range of views on the Council and lack of awareness about this program generally, I was not confident that a prohibition would be politically and logistically feasible in the short-term. My item remedied the immediate harms posed by a lack of oversight and transparency and started a vitally important conversation within the Council, the Police Review Commission (PRC), and the public. The item initiated a process at the PRC that will require the Council to revisit the issue.

Mr. Martinot questioned whether the City Council “can establish the right to oversee, and to confirm before the fact … equipment the Berkeley PD will request from Project 1033.” The California Office of Emergency Services, which administers the 1033 program in California, confirmed that local governments can limit use of the program. Further, local oversight of this program is the official recommendation of the American Civil Liberties Union. We are the first city in the country to take any action on this front; our legislation is now being used as a national model.

In his Op-Ed, Mr. Martinot incorrectly suggested that the Council “renewed its membership in Project 1033” at the November 14 meeting. The BPD likely enrolled in the program sometime after it was created in 1997, without any required Council action. Increasing transparency, implementing immediate oversight, and seeking more information pending further consideration of the program that has existed in near secrecy is not tantamount to a “renewal.”

Finally, Mr. Martinot suggests that “[t]he Berkeley police department has been amassing military weaponry and military grade surveillence [sic] equipment for years now – assault rifles, grenade launchers, stingray technology, etc.” To date, I have found no indication of these materials coming from the 1033 program but am concerned that the record keeping on this point is wholly inadequate. The City Manager reported on November 28, 2017 that the BPD recalls acquiring ballistic helmets through the 1033 program but no longer has the helmets or any other material from the 1033 program in their inventory. We need more than recollection; we need documentation.

This issue is just one of many involving protection of privacy, civil liberties, civil rights and transparency facing the Council in the very near future. After voting to prohibit BPD’s participation in the Northern California Regional Intelligence Center (NCRIC) and Urban Shield, I have continued to push for withdrawal from both NCRIC and Urban Shield. Early next year, we will also be considering the proposed Surveillance Technology Use and Community Safety ordinance, which will help implement critical oversight over surveillance technology and contribute to protecting our privacy.

We need to remain vigilant. -more-

2017 political news contained two preeminent images: Donald Trump and sexual assault. Trump's objective has been to be dominate the news each day. Nonetheless, beginning with revelations about the sexual behavior of movie producer Harvey Weinstein, Trump tidings were pushed aside by reports of celebrity sexual misconduct. (Time Magazine recognized this by naming "the silence breakers" their persons of the year.) The two images are connected. Trump has been accused of sexual assault. And the Republican Party is engaged in systematic rape of American workers.

A little over a year ago, Donald Trump's presidential campaign was momentarily derailed by the release of a salacious recording where Trump bragged about assaulting women: "When you're a star, they let you do it, you can do anything... grab them by the pussy." Amazingly, Trump survived this. His most ardent supporters came to regard the recording as "fake news." Mainstream Republicans adopted the attitude, "Whatever Trump may have done in the past, he's preferable to Hillary Clinton."

During 2017, Donald Trump put his imprint on the Republican Party and, in the process, "normalized" sexual assault, for the Party faithful. We see this in GOP support for Alabama Senate candidate Roy Moore. Multiple women have come forward with tales of Moore's sexual misbehavior -- one of the women was 14 when Moore assaulted her. The mainstream Republican response is, "Whatever Moore may have done in the past, he's preferable to the Democratic candidate."

Republicans have adopted the dubious ethical maxim: "the end justifies the means." And they have gone farther; they've adopted the tactics used to denigrate sexual assault victims. We can see this in the Republican tax plan that passed the Senate in the early hours of Saturday, December 2nd. -more-

There can be so much more to life than riding in a van to a "day treatment" program, spending the day there taking about your problems and hearing others talk about theirs, riding back to a "board and care," and looking forward to another night of watching television, and eating bad food, bought at Costco, for dinner. -more-

Midway through the show of 'This Wide Night,' a Bay Area premiere by Anton's Well Theater Co. of British playwright Chloë Moss' work, now running weekends at the Berkeley City Club, it occurred to me that it was fitting this spare two-hander was being staged during the holiday season ... -more-

On Friday evening, December 8, at the War Memorial Opera House, the 2017 crop of Adler Fellows gave a concert that was remarkable for the high standard of singing by all participants. There was hardly a singer in the entire program who did not demonstrate outstanding talent, and even those who fell slightly short of the highest category always showed sufficient promise to expect that in a year or two they too will be outstanding. -more-

December 19 is the last City Council meeting before the winter recess. The agenda is posted and available for comment. Of note: Item 40a – Police Review Commission (PRC) calls for the repeal of the use of pepper spray, 40b. BPD and City Manager counter the PRC to retain use of pepper spray.

https://www.cityofberkeley.info/Clerk/City_Council/2017/12_Dec/City_Council__12-19-2017_-_Special_Meeting_Agenda.aspx



Sunday, December 10, 2017

No city meetings or announced demonstrations,

Monday, December 11, 2017

City Council Special Meeting, Mon, Dec. 11, 10:00 am – 4:00 pm, enter at 2031 Bancroft Way, Main Branch Library Community Room 3^rd floor, agenda: Brown Act, Ethics, Principles of Good Governance

Youth Climate Lawsuit –Fundamental & Constitutional Right to a Livable Climate, Mon, Dec. 11, 10:00 am – 12:00 pm, Ninth Circuit Court of Appeals, 95 - 7^th Street, San Francisco, Appeal is to lift temporary stay and let lawsuit on a livable climate proceed.

https://350bayarea.org/event/childrens-climate-lawsuit-federal-government

Tax the Rich rally – Mon, Dec 11, winter hours 4:00 pm – 5:00 pm top of Solano in front of closed Oaks Theater,

Youth Commission, Mon, Dec 11, 6:30 pm, 1730 Oregon St, Martin Luther King Jr. Youth Services Center, agenda: homeless youth, DACA

http://www.cityofberkeley.info/Clerk/Commissions/Commissions__Youth_Commission_Homepage.aspx

Civic Arts Policy Subcommittee, Mon, Dec 11, 6:30 pm, 2020 Shattuck Ave, Comal, agenda: draft cultural plan

http://www.cityofberkeley.info/CivicArtsCommissionHomepage/

Tuesday, December 12, 2017 Hannukah

4x4 Committee (4 City Council members 4 Rent Board Members), Tue, Dec 12, 9:00 am, 2001 Center St, 2^nd Floor, Rent Board Law Library, agenda discussion rent ordinance and ADU, limit rent increases, demolition ordinance mitigation fee

https://www.cityofberkeley.info/Clerk/Home/4x4_Committee_Homepage.aspx

Board of Library Trustees - Bylaws Subcommittee, Tue, Dec 12, 12:00 pm, 1125 University Ave, West Branch Library https://www.berkeleypubliclibrary.org/about/board-library-trustees

Homeless Commission – Encampment Subcommittee, Tue, Dec 12, 7:00 pm – 9:00 pm, 2939 Ellis, South Berkeley Senior Center, agenda: process for or establishing policy for sanctioning encampments

http://www.cityofberkeley.info/Clerk/Commissions/Commissions__Homeless_Commission_Homepage.aspx

Wednesday, December 13, 2017

Police Review Commission, Wed, Dec 13, 7:00 pm – 10:00 pm, 2939 Ellis St, South Berkeley Senior Center, agenda: body worn cameras BPD presentation, use of force

http://www.cityofberkeley.info/Clerk/Commissions/Commissions__Police_Review_Commission_Homepage.aspx

Thursday, December 14, 2017

Berkeley Rent Stabilization Board Habitable and Sustainable Housing Committee, Thur, Dec 14, 5:45pm, 2001 Center St, 2^nd Floor, Rent Board Law Library, agenda: external disaster recovery plan, green building standards, EV charging stations, elevator ordinance http://www.cityofberkeley.info/rent/

Community Environmental Advisory Commission, Thur, Dec 14, 7:00 pm – 9:00 pm, 1901 Russell St, Tarea Hall Pittman South Branch Library,

http://www.cityofberkeley.info/Community_Environmental_Advisory_Commission/

Mental Health Commission, Thur, Dec 14, 7:00 pm – 9:00 pm, 1901 Hearst Ave, North Berkeley Senior Center, agenda: Mental Health Crisis response

http://www.cityofberkeley.info/Clerk/Commissions/Commissions__Mental_Health_Commission_Homepage.aspx

Zoning Adjustments Board, Thur, Dec 14, 7:00 pm – 11:30 pm, 2134 MLK Jr. Way, City Council Chambers

1805 Franklin – appeal of administrative use permit to construct addition to 1-story residential adding 148 sq ft to 1^st floor, 921 sq ft 2^nd floor,

2100 San Pablo – former U-Haul site, construct mixed use 96 unit residential care facility

2928 Ellsworth – renovate 4 bedroom dwelling to 8 bedrooms and construct 130 sq ft addition and 125 sq ft detached accessory building w/full bath,

1050 Parker – construct 61,000 sq ft commercial building for medical offices and R&D, 119 parking spaces,

http://www.cityofberkeley.info/zoningadjustmentsboard/

Friday, December 15, 2017

Councilmember Cheryl Davila office hours, Fri, Dec 15, 10:00 am – 12:00 pm, 2265 Fifth Street, Tomate Café,

Sierra Club Members leadership/chapter elections, voting deadline Fri, Dec 15, 2:00 pm, https://www.sierraclub.org/san-francisco-bay/2017chapterelections

Saturday, December 16, 2017

East Bay DSA is canvassing Sat, Dec 16, 1:00 pm – 5:00 pm South, West and North Berkeley to support Single Payer Health Care

Sunday, December 17, 2017

No city meetings or announced demonstrations -more-