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Indybay Feature

Alameda Board of Supervisors Ignore Public in Appointing Nancy O'Malley as County DA: audio

by dave id
Nancy O'Malley was appointed "interim" District Attorney for Alameda County at the request of Tom Orloff at the September 15th Board of Supervisors meeting. Interim is in quotes here because the retiring DA, Tom Orloff, ran unopposed in every election he ever ran in since he was first "elected" in 1994. Odds are O'Malley's interim status will pass in the same manner and she will become permanent without any real input from the general public. Before the Alameda Board of Supervisors rushed to appoint Nancy O'Malley, they went through the motions of having public comment. Audio of the first six speakers is below:
Listen now:
Copy the code below to embed this audio into a web page:
(audio 18:46)

Oakland City Councilperson Desley Brooks spoke first, asking for the board to only appoint someone willing to take the position as a caretaker who would not run for election as District Attorney in June 2010. This request was obviously ignored by the supervisors. Ronnie Kaplan of National Women's Political Caucus, Alameda North, spoke in favor of O'Malley for her work with victims of sexual abuse. Three staffers from the DA's office speak in the audio here, all dutifully speaking in favor of their boss (at the time) Tom Orloff's recommendation. The Board room was filled with lawyers from the DA's office. One had the gall to disingenuously claim that he was speaking as a "private citizen" in favor of O'Malley because he was on vacation at the time. Minister Keith Muhammad recalled how he was troubled when the DA's office was slow to respond to murder of Oscar Grant. He added that it was not appropriate for supervisors to appoint someone to an elected position so fast with no notice to the public and no time to process what citizens might want in a District Attorney. A few more members of the public and many more from the DA's office spoke before the Board of Supervisors took their vote.

A majority of just three supervisors was all it took to seat O'Malley: Scott Haggerty, Gail Steele, and Alice Lai-Bitker. Supervisors Nate Miley and Keith Carson did not vote for O'Malley.

Full audio of the entire 9/15/09 BOS meeting is available here:
http://acaudio.acgov.org:8080/ramgen/bos_reg_09_15_09.rm


BART reinstates cops and Alameda Board of Supes appoint DA Orloff replacement Nancy O'Malley
http://www.indybay.org/newsitems/2009/09/15/18622112.php

Town Hall on OPD Misdeeds, Orloff Resignation, Mehserle's Defense & more, 9/12/09: audio
http://www.indybay.org/newsitems/2009/09/27/18623428.php

Don't Let Alameda Sneak in New District Attorney
http://www.indybay.org/newsitems/2009/09/12/18621688.php

Community Leaders Ask Alameda County Supervisors for Open Process in Selecting Interim District Attorney
http://www.indybay.org/newsitems/2009/09/14/18621991.php

Alameda County District Attorney Tom Orloff Announced Resignation Today
http://www.indybay.org/newsitems/2009/09/08/18621324.php


District Attorney website wasted no time updating site with photos of O'Malley
http://www.alcoda.org/meettheda

Add Your Comments

Comments (Hide Comments)
by Steve White
Most of the debate seemed to be about the process, not about Nancy O'Malley herself. This is a shame, because she has plenty to hide and the public should know it.

Nancy O'Malley is a political climber who has used the domestic violence issue as a stepping stone for a long time in her career.

That would be OK, except that it turns out her career is more important than actually helping victims of domestic violence.

For example, she used the locally operated but Federally Funded domestic violence agency, the ACFJC, Alameda County Family Justice Center, to give out a stepping stone job to another political climber, Nadia Lockyer, the political vampiress wife of Bill Lockyer, who was state Attorney General at the time.

Nadia Lockyer had no real experience in the domestic violence field, and was not likely the most qualified, but when the position of Executive Director of ACFJC opened up, O'Malley was determined to give it to her, so that Lockyer could return the favor in all the ways he is known for.

But a couple of problems. Both state law, which forbids the AG from using his position to benefit either himself or family members, and the Federal grant laws regarding the FJC system, which does not allow those making decisions on how Federal money is spent to receive the money, were standing in the way. What to do?

O'Malley cooked up a phony "Objective" process for picking the new head, whereby two selection committees, of four people each, would decide. But then she stacked the committees with two DA staffers subordinate to herself. Harold Boscovish, Lisa Foster, Karen Meredith, and IIRC, Sharmin Bock.

With a tie vote on any candidate, Nadia was in. She could not be rejected, nor could anyone else be selected. One committee member told me directly that O'Malley dominated the process.

This sneak move by O'Malley not only violated state and Federal law, it risked loss of funding. I called Mary Beth Buchanan, who was head of the Federal funding agency at the time, US DOJ OVW, and she was angry to hear about it, but fortunately for O'Malley, Buchanan got caught up in the Alberto Gonzalez scandal.

But the point is. O'Malley violated both state and federal law, and risked the federal funding, a lost of millions potentially to taxpayers, just to do a political favor for Bill Lockyer, to further O'Malley's own career.

Is this a person who really cares about domestic violence? No. It's all just for the votes as far as O'Malley is concerned.

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