Mar 22, 2007

Council hears discrimination claims

Emeryville employees say they have been passed up for promotions

By Doug Oakley / Daily New Staff Writer

Racial discrimination is a problem in Emeryville, according to current and former black city employees who spoke at a city council meeting Tuesday night.

Former city employee Leslie Pollard, who worked in Emeryville for 27 years before settling a $2.3 million discrimination and wrongful termination lawsuit against the city this month, admonished the council during the public comment session for not doing a better job to protect black workers.

"When I was told I had a personality disorder that was used to terminate me, I pleaded with the city council to find out what was going on," Pollard told the council Tuesday. "You should have helped me. But no one cared. You were either naive or you were in on it. You were wrong for not looking into it, and now it's the taxpayers who paid for it."

Ken Bukowski, an Emeryville council member for the past 20 years, and the only council member to respond at the meeting, said he objected to the way Pollard was being treated and blamed his colleagues for letting the problem fester.

"Leslie was a good employee," said Bukowski. "When I saw they were going to send her for a fitness for duty evaluation, I shook my head and objected to it strongly. The rest of the council wanted to support the city manager and city attorney blindly and that's the way it's been for a long time. I think it's real unfortunate."

Bukowski said he's not sure if there is a pattern of racial discrimination in the city, but "it does seem that some black employees are not getting the same opportunity. I don't know if it's intentional."

Bukowski said he has proposed changing the rules to allow the city council to review personnel grievances before they go to binding union arbitration, but the rest of the council is not interested.

"These employees are filing grievances and the council doesn't know anything about it," said Bukowski.

In Pollard's settlement, the city also agreed to pay her $1.3 million legal bill.

Pollard sued in 2005, alleging the city retaliated against her and forced her to undergo a psychiatric fitness for duty evaluation that deemed her unfit to work after she complained of racial discrimination involving a co-worker.

In a previous action against Emeryville in 1995, Pollard split a $250,000 union arbitration award with another black employee for an unrelated racial discrimination complaint.

Before the meeting, Pollard said racial discrimination in Emeryville is "rampant" and it's up to the workers to file complaints to get the city to change.

"If people don't say anything, who is going to pay attention?" said Pollard. "People should stand up."

Emeryville Mayor Nora Davis, contacted Wednesday, said Tuesday night's comments were only one side of the story.

"What you did not hear last night is those many, many minority people employed by the city of Emeryville who certainly have never given any suggestion about discrimination in the city," said Davis. "We have tried very, very hard to be a diverse city and to be a fair city. If we have fallen down in any instance, we will correct it. I truly believe that."

Ken Robinson, a black public works employee who has worked for Emeryville for 16 years, told the council Tuesday he is the victim of discrimination. He said later that he is considering a lawsuit.

"Among us African-Americans there are little secrets, whispers about the unfair treatment that goes on," Robinson said. "When you apply for a promotion four times and are denied, you question whether or not the city really wants you. It's about respect and being appreciated, not just as an African-American but as a person."

Craig Chandler, a former Emeryville information systems analyst for six years, who is now working for Pleasant Hill, said he, too, was passed up for promotions when he knew in his heart he was able to do the job. He said he was forced to interview the person who was hired for the job he wanted.

"I applied for a management position and didn't even get an interview," Chandler told the council. "Not getting an interview told me how much I wasn't appreciated here. I've seen this city bend over backwards to give people opportunity. I was never given that opportunity."

Millie Cleveland, a field representative for the Service Employees International Union, told council members to pay attention.

"When a city settles for such a large amount, you have to take notice," Cleveland said. "Serious errors were made in the legal department and serious errors were made in human resources. I hope there is some introspection on your part to pay attention to the legal errors that were made."

The Berkeley branch of the NAACP will bring the "troops in to demonstrate" if the city doesn't clean up its act, said branch president Allen Jackson.

"If we have to bring folk in to demonstrate our position, we may do that," Jackson told the council. "It's a new day. We are going to be very vigilant to make sure change occurs in a positive manner."


E-mail Doug Oakley at Doakley@ebdailynews.com.