Part 4: ‘Bear’ calls for citywide reform of civil rights

SECTION ONE: CIVIL RIGHTS DENIALS FROM CITY MANAGER; LABOR RIGHTS BETRAYALS FROM WITHIN

In the first three parts of this series, we looked at a disturbing concern for an apparent lack of transparency and accountability at West Hollywood City Hall. As a whistleblower, I detailed alleged retaliation and a lack of support for staff living with disabilities. This was followed in Part Two with some recommendations addressing numerous WeHoville articles that seem to raise concerns about excessively high management salaries, a lack of transparency in hiring, and questionable staffing practices. Finally, the third part revealed a system where social connections appear to matter more than qualifications for key positions. Additionally, we discussed apparent negative consequences that are being felt by residents, visitors, businesses, and civil servants. These incidents paint a clear picture: West Hollywood needs a more robust system to protect employees and residents.

By now, you’re familiar with the cast: David Wilson, City Manager; Raelynn, Human Resources Manager; City Manager Club member and Administrative Services Director Janet; and popping up repeatedly in numerous WeHoville article comment sections, the curious character of the (as of June 27, “former”) Union President.

A Flawed System: The Necessity for an Independent Oversight Body

I further attempted to resolve the concerns of discrimination and retaliation by recently filing grievances to discuss with the City Manager. However, he continues to refuse to even meet with myself and the Union to make any good faith attempt at coming to a resolution.

The City of West Hollywood outlines its grievance process in its regulations and Memorandum of Understanding (MOU). This allows staff to address concerns about violations, misinterpretations, and grievances with supervisors, directors, and Human Resources. It seemingly offers a structured approach culminating internally at Level Three with the City Manager making the final call with the Administrative Services Director and Human Resources Manager. After this step, the employee is left to seek and pay for possible remedies outside. However, this very structure harbors a critical weakness.

The Achilles’ Heel: Conflict and Potential Abuse

The current system creates a situation ripe for conflict of interest and potential abuse of power. Here’s why:

Dead End at the Top: The City Manager, who in some cases might possibly be directly implicated in a grievance, relies on the very same Administrative Services Director and Human Resources Manager who may also be implicated for consultation and potentially the final decision. This creates an obvious conflict.

Chilled Climate of Fear: Without an independent body overseeing grievances involving high-level officials, there’s an inherent lack of accountability. Employees may be understandably hesitant to come forward with legitimate concerns, fearing retaliation or a biased review process.

(N)Ombudsperson: The earlier response from management to a previous whistleblower to take their concerns to the City’s longtime contracted Ombudsperson is just as flawed. In that process, the Ombudsperson reportedly investigates any complaints filed by staff and then provides the file back to the hands of the City Manager, Administrative Services Director, and City Attorney to apparently privately file.

A Betrayal Outside the Bargaining Table: Collective Bargaining Rights Under Siege from Within

In a further troubling development, it has come to light that on his last day in office in June, the (now) former Union President appears to have colluded with City Management, specifically it seems with the City Manager, the Administrative Services Director, and the Human Resources Manager in a quiet backroom deal that significantly reduces disability benefits for staff. This deal bypasses the collective bargaining process, potentially violating the Public Employee Relations Board and National Labor Relations Act.

Under the guise of drafting a “Side Letter” to clarify a completely separate item, they altered key provisions outlined in the Memorandum of Understanding (MOU), contradicting existing administrative regulations. The former Union President seems to have acted against the best interests of the very fellow staff he was entrusted to represent. This action raises serious concerns about the integrity of the Union leadership and the City’s commitment to fair collective bargaining.

The heart of the issue lies with a single City Regulation which previously granted employees on disability leave health benefits for up to 29 months even after potential termination after 12 months. This critical benefit ensured they could qualify for life-saving long-term disability insurance.

However, the quietly snuck through “Side Letter” drafted on the last day of the former Union President’s term, just before he stepped down, severs health benefits after 12 months if the City chooses to terminate the disabled employee on leave. This effectively cuts the safety net for affected employees from 29 months to 12, jeopardizing their long-term disability eligibility.

The City Manager’s refusal to meet with staff for grievances regarding discrimination raises troubling questions about retaliation. This seeming lack of willingness to address staff concerns, coupled with apparent backroom deals on disability benefits and the surprise all-staff “Sandwich Meeting” earlier this year orchestrated by the former Union President and City Management in response to a whistleblower, suggests a possible coordinated effort by the City Manager, the former Union President, the Human Resources Manager, and the Administrative Services Director (who oversees Human Resources) to silence dissent and punish those who speak out about discrimination and human rights.

The ramifications of this deal are significant: Union members who rely on long-term disability during extended illness could face devastating financial hardship due to the reduced benefits.

This last-minute, highly detrimental deal continues to threaten to erode trust between City Management and staff, raising serious questions about transparency and the integrity of the collective bargaining process.

WeHo’s History of Human Rights

West Hollywood has a proud history as a haven for LGBTQIA+ rights. In the 1980s and 90s, the city emerged as a center of activism and acceptance, attracting those seeking a community free from discrimination. This legacy of being a human rights safe haven is undeniable and continues to shape the City’s vibrant culture.

Forty years later, the fight for human rights extends far beyond one community. The current political climate presents a dangerous time for many, with fundamental civil and human rights under increasing threat. From discrimination against people with disabilities (ADA) to the ongoing struggles of the LGBTQIA+ community, from protecting women’s rights to the urgent need to help our neighbors struggling with housing, from embracing progress in racial diversity of our community and providing services for a rapidly growing aging-in-place population, a more inclusive and well-structured City is crucial.

A Commission with the power to investigate and enforce protections of human rights for both employees and residents can be a powerful safeguard for all community members of West Hollywood.

Do other cities have these same dead-end policies and oversight difficulties? No, they instead have oversight built in their local government structure.

SECTION TWO: LEARNING FROM OUR NEIGHBORS – THE NEED FOR A CIVIL RIGHTS COMMISSION

In the second part of this series, we recommended establishing a Disabilities Advocacy Neighborhood Group. We also proposed adding a City Hall position for an Advocacy Director. Now we all know that the City Manager is not likely to create a director position that advocates for staff. They have Larry for that. The community also does not seem to want to stomach the thought of shelling out yet another executive management salary that could instead be put towards two desperately needed additional police officers. In the final part of the series, we propose an alternative, more powerful and significantly less expensive solution: establishing a West Hollywood Civil Rights Commission.

A Civil Rights Commission would achieve similar goals to WeHo DANG and Director Advocate but with a broader focus on protecting the civil rights of all residents. This approach is a cost-effective solution for the City and may be able to be created leveraging existing structure.

A city structured with protections of civil rights isn’t a novel concept. Just like they each have real police departments, cities like Culver City, Beverly Hills, Santa Barbara, and Los Angeles each demonstrate a robust and equitable solution by having Civil Service Commissions and Personnel Boards. Creating a West Hollywood Civil Rights Commission would go beyond protecting the rights of employees and integrity of the civil service process within City Hall and would be a voice of reason and authority for the civil and human rights of residents, businesses, and all community members.

Public Safety, Businesses, and Community Civil Rights

The lack of any civil service and human rights oversight body is even more concerning when considering West Hollywood’s minimal city government structure. As previously discussed in Part Three about the City Manager Club, unlike most cities, West Hollywood contracts law enforcement, development studies, and nearly all services. This system has reportedly raised questions about accountability, qualifications, and responsiveness to the safety and specific civil rights needs of the West Hollywood community.

A small city with directors affiliated with the same club who can’t be questioned, appointed by the city manager and lobbyists; bargaining with community safety seems doomed to result in a less fortunate fate than surrounding cities who have a professional police force with experienced police chiefs rather than a director.

A Civil Rights Commission could play a vital role in ensuring fair treatment by law enforcement for all community members. The Commission could hold hearings on allegations of misconduct, weigh in on civil rights policies and procedures, and stand strong with the Public Safety Commission in advocating for the quality and quantity of officers and resources needed to fulfill basic public safety needs.

Furthermore, a Civil Rights Commission could safeguard residents from arbitrary and financially punitive actions by City management

. The Commission could review allegations of unfair treatment directed at individuals or equally important small business owners. By advocating for fair regulations that allow businesses to thrive, the Commission would foster a more stable and just environment for entrepreneurship within the City.

Transparent City Hall Civil Rights

The current grievance process in West Hollywood has been shown to be a flawed system. It lacks the independence necessary to ensure fair and impartial reviews, particularly when grievances involve high-level management or officials. The apparent lack of willingness to take concerns of staff seriously further demonstrates the need for a Civil Rights Commission with the authority to conduct independent investigations. This independent body, composed of citizens, provides a crucial layer of oversight for the grievance process.

A Civil Rights Commission can advocate for fair hiring practices and promote diversity and inclusion at all levels of city government. Ensuring fair and impartial review of grievances, protecting employee rights, and fostering a workplace free from fear of retaliation.

Conduct independent investigations into allegations of discrimination, retaliation, or other rights violations, uncovering potential wrongdoing.

Review changes made by City Management to the Regulations and MOU, ensuring compliance with civil and human rights.

Study salaries and compare them to other public and private agencies, and report to the City Council and the public.

Ensure that job appointments at all levels are merit-based and that employment opportunities are provided equally without regard to race, color, gender, religion, age, disability, political affiliation, club affiliation, or sexual orientation/identification.

Building on the recommendations from Part Two and Three in this series, a Civil Rights Commission could play a crucial role in ensuring a transparent and fair review process of the City Manager.

A fully structured city government with a human resources system built on independent and transparent accountability in decisions provides a fair balance between city management needs and employee protections and ensures consistent delivery of effective community services. By establishing a Civil Rights Commission, West Hollywood can take a significant step towards creating a more transparent, accountable, and equitable city government for all its residents and employees.

SECTION THREE: BECOMING A TRUE CITY FOR HUMAN RIGHTS

There are two options for clear, simple, and fiscally responsible paths forward to establish a West Hollywood Civil Rights Commission.

While West Hollywood has a Disabilities Advisory Board, it lacks the authority and structure of a Civil Rights Commission. Unlike an advisory board, a Civil Rights Commission can hold hearings, subpoena witnesses, and make binding recommendations. Upgrading the existing Disabilities Advisory Board or Social Justice Task Force with more authority and resources would be a direct path forward. This enhanced, experienced board could then function as a Civil Rights Commission.

Alternatively, West Hollywood could establish a new Civil Rights Commission entirely. Whichever path is chosen, West Hollywood deserves a government that is structured with transparency, accountability, and is responsive to the needs of all its people. A Civil Rights Commission is a crucial step in that direction.

We, the residents and staff of West Hollywood, cannot afford to be silent any longer. Here are two simple ways that you can join the fight for a more just and accountable city government:

Show up at City Council, Board, and Commission meetings to support a public City Manager Review: As outlined in earlier parts of this series, the City Manager’s performance review should be conducted by Council in a transparent and public forum. This should include an independent review of the directors hired and promoted during the City Manager’s tenure. This will ensure greater accountability and a more democratic process.

Show up at City Council, Board, and Commission meetings to support the creation of a West Hollywood Civil Rights Commission. A Civil Rights Commission would protect city employees, guard the integrity of the civil service process, and provide a voice of reason and authority for the civil and human rights of residents, businesses, and neighbors.

Last month, a new Union President and board took office. Changes from within are forging a path towards increasing unity, transparency, and fairness. We, the staff-level civil servants of City Hall, are working for our community. We are your neighbors; your tenants; your regulars at the cafes; and your pop-up patrons. Like you, we walk, sometimes scared for our safety. We get confused by parking signs and pay tickets when we get it wrong. We ride transit and scooters; we wonder if things will get better anywhere; or if we will be able to afford a mortgage ever; or afford rent next year. We are neighbors.

The City has a history of achieving some truly Pride-worthy Civil Rights accomplishments. It is time to evolve our love and expand our inclusivity to not exclude any vulnerable persons. To embrace and protect with adequate resources through structured transparent checks and balances, clear defined restraints on power, and protection of all our community members. It is time to finish building the structure of our City beyond that of a friends Club. A Civil Rights Commission can serve as both the bridge of connection and the blockade of protection between the civil servants/people and the elected officials/appointed management.

We are working to clean up our Public House by opening the closed doors and turning on lights to create a more transparent City Hall that supports civil and human rights beyond Pride and posters. Help is needed from the Community to make real changes with positive impacts for everyone throughout town. The City needs all our voices to support an independent, empowered Commission that will hold up the torch of Civil Rights throughout our Community. Standing together with a Civil Rights Commission, we can ensure that West Hollywood lives up to its legacy as a beacon of inclusivity and civil rights.