San Leandro Values
We believe that the over-riding role of our Elected and Appointed officials is to preserve and enhance the Mission and Values of the City. Any behaviour that goes against these core values needs to be swiftly addressed and appropriate action needs to be taken - DOING NOTHING goes against the City's Values - City Manager Zapata by failing to properly discipline Director Battenberg is not adhering to the City's Values. Director Battenberg is certainly in violation of both the Mission Statement and Value number 1 thru her dishonest statements and the way she handles herself in her home and in her unfair dealings by influencing the City of Oakland Planner.
Mission Statement
We, the employees of the City of San Leandro, are dedicated and committed to serving the citizens of this community. Wt strive at all times to achieve the highest professional standards, to communicate a vision of the future and to enhance the quality of life of every citizen
Values
#1: We value HONESTY and INTEGRITY. We commit to truthfulness, fairness and the highest professional and personal standards. What we do shall be consistent with what we say.
Mission Statement
We, the employees of the City of San Leandro, are dedicated and committed to serving the citizens of this community. Wt strive at all times to achieve the highest professional standards, to communicate a vision of the future and to enhance the quality of life of every citizen
Values
#1: We value HONESTY and INTEGRITY. We commit to truthfulness, fairness and the highest professional and personal standards. What we do shall be consistent with what we say.
San Leandro Employee Policies
We were informed by a member of San Leandro's Staff that there are a number of Official San Leandro Policies that deal with Director Battenberg's misdeeds. Among Director Battenberg's offenses is committing perjury on her Variance application as well as a documented history of Building Code violations in her house. When Ms. Hung, Mr. Kay and Mr. Zapata told us that Director Battenberg violated NO City policy - this was a FALSE statement. There is a concern expressed to us that San Leandro's Senior management is selectively choosing to not enforce City policies to protect one of their own - that they would have used the same policies against lower Staff levels. When you selectivel choose to enforce policies - you nullify them and expose yourself to charges of favoritism later on. The City might as well remove DISHONESTY from its Policy on Discipline.
RULE XIII
Section 3.
Discipline: The City may discharge or suspend an employee, who has completed the specified probationary period, for cause including but not limited to dishonesty, insubordination, drunkenness, incompetence, willful negligence, failure to perform work as required or failure to comply with the City’s reasonable rules regarding safety, conduct and operations.
RULE XII
Section 3.
The City Manager may demote an employee whose ability to perform required duties falls below standard, or for disciplinary purposes. Upon request of the employee, demotion may be made to a vacant position as a substitution for lay-off. No employee shall be demoted to a position for which the employee does not possess the minimum qualifications. Written notice of the demotion shall be given the employee before or within three (3) days after the effective date of the demotion, and a copy filed with the Board.
RULE XIII
Section 3.
Discipline: The City may discharge or suspend an employee, who has completed the specified probationary period, for cause including but not limited to dishonesty, insubordination, drunkenness, incompetence, willful negligence, failure to perform work as required or failure to comply with the City’s reasonable rules regarding safety, conduct and operations.
RULE XII
Section 3.
The City Manager may demote an employee whose ability to perform required duties falls below standard, or for disciplinary purposes. Upon request of the employee, demotion may be made to a vacant position as a substitution for lay-off. No employee shall be demoted to a position for which the employee does not possess the minimum qualifications. Written notice of the demotion shall be given the employee before or within three (3) days after the effective date of the demotion, and a copy filed with the Board.
CA State Law
When Ms. Battenberg engaged the City of Oakland Planner in a separate conversation that was hidden from her neighbors and and secured approval for her Variance with NO conditions placed and then passed along a Job working directly underneath her - this is a violation of one of the most basic CA State Ethics laws. This needs to be examined thoroughly as we are not experts in this matter. However, we did reach out to the Markula Center for Public Ethics and we were told to look at CA Fair Political Practices Commission and specifically the Code below. They have a policy of not commenting on actual on-going cases however this Code enacted in 1974 is the bedrock of CA government ethics.
GOVERNMENT CODE - GOV
TITLE 9. POLITICAL REFORM [81000 - 91014]
87100. No public official at any level of state or local government shall make, participate in making or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest.
GOVERNMENT CODE - GOV
TITLE 9. POLITICAL REFORM [81000 - 91014]
87100. No public official at any level of state or local government shall make, participate in making or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest.
City of Oakland
The City of Oakland has codified CA State Law into its Municipal Code. This Code makes Director Battenberg's collusion with the Oakland Planner an explicit violation of Oakland law. This case needs to be understood so the the People of San Leandro have similar protections going forward as its Municipal Code is being revised.
2.25.040 - Conflicts of interests and personal gain.A.
Financial Conflicts of Interests. A Public Servant shall not make, participate in making, or seek to influence a decision of the City in which the Public Servant has a financial interest within the meaning of the California Political Reform Act, Government Code Section 87100 et seq. and pursuant to City Charter Section 1200. All provisions of California Government Code Section 87100 - 87505 and City Charter Section 1200, as they relate to Public Servants, are incorporated by reference into this Act.
G.
Influencing Prospective Employment. A Public Servant shall not make, participate in making, or otherwise seek to influence a governmental decision affecting a person or entity with whom the Public Servant is discussing or negotiating or has entered into an agreement concerning future employment.
(Ord. No. 13278, § 1, 12-8-2014)
2.25.040 - Conflicts of interests and personal gain.A.
Financial Conflicts of Interests. A Public Servant shall not make, participate in making, or seek to influence a decision of the City in which the Public Servant has a financial interest within the meaning of the California Political Reform Act, Government Code Section 87100 et seq. and pursuant to City Charter Section 1200. All provisions of California Government Code Section 87100 - 87505 and City Charter Section 1200, as they relate to Public Servants, are incorporated by reference into this Act.
G.
Influencing Prospective Employment. A Public Servant shall not make, participate in making, or otherwise seek to influence a governmental decision affecting a person or entity with whom the Public Servant is discussing or negotiating or has entered into an agreement concerning future employment.
(Ord. No. 13278, § 1, 12-8-2014)