The Citizen often faces delays and setbacks in the pursuit of information. Although we began looking for public records related to the Peralta Community College District’s transition to a community-based safety model in November 2020, it took filing a lawsuit in January 2023 to prompt the release of complete public information.

Because of The Citizen’s status as a student-run publication at a two-year community college, the delays in information mean that when we finally get a public record, the story may no longer be timely, or the reporter may no longer be a member of The Citizen.

As the news cycle churns on and current events beg for our attention, some public records that we obtain inevitably end up collecting dust in the corner. This article is a compilation of three to four articles centering public records that have slowly piled up over the past year.

To honor Sunshine Week — a national celebration of the freedom of information and transparency in governance — we’ve decided to dust off some of those records, and shed light on public information.

– Li Khan, Editor in Chief

Background: PCCD launches efforts to reform safety and security

In the wake of the 2020 murder of George Floyd, and the national conversations about police brutality that followed, the Peralta Community College District (PCCD) made the historic decision to cut ties with the Alameda County Sheriff’s Office (ACSO), which had provided armed law enforcement services to PCCD campuses for years.

PCCD’s $4.1 million contract with the sheriff’s office was set to expire Dec. 31, 2020. At a June 23, 2020 meeting, PCCD’s Board of Trustees voted not to extend the contract.

To replace the armed ACSO deputies, the district searched for vendors to provide unarmed security services to its campuses.

Originally, three new vendors were selected: Community Ready Corps (CRC), Zulu Community Protection (Zulu), and Marina Security Services (Marina).

CRC was initially set to receive a $2 million contract to provide services to the Laney College campus. Zulu was set to receive $1.46 million for services to Merritt College and College of Alameda. Marina was set to receive $1.55 million for dispatch services and for providing security services to district offices.

Berkeley City College already had a contract to receive services from private security firm A1 Protective Services (A1).

Things took a turn when The Citizen reported on Dec. 14, 2020 that CRC and Zulu did not appear to hold Private Patrol Operator (PPO) licenses, which are required to provide security services in California. After months of uncertainty, former Interim Chancellor Jannett Jackson issued a statement on May 7, 2021 acknowledging that the two vendors did not hold the required licenses.

The district backed away from contracts with CRC and Zulu, and eventually A1 as well, expanding the role of Marina, which is now the only security firm providing services to PCCD. Marina currently has a $6 million contract with PCCD to provide unarmed security and dispatch services district-wide.

Years later, PCCD continues work on developing its safety and wellness program, according to a statement from current Chancellor Tammeil Gilkerson at a Feb. 14 meeting of the Board of Trustees.

PCCD issues duplicate RFPs

CRC, Zulu, and Marina were chosen through a formal vendor selection process, known as a Request For Proposals (RFP).

PCCD first issued RFP #19-20/10 for “District-Wide Community-Based Safety Services” the “week of” June 8, 2020, and held a “Mandatory Pre-proposal Meeting” June 15, 2020. Vendor proposals were due June 23.

On the “week of” July 20, 2020, PCCD issued RFP #20-21/02, under the same name: “District-Wide Community-Based Safety Services.” A pre-proposal meeting was held Aug. 4, 2020, but was not listed as “mandatory.”

A “scope of services” attached to both RFPs state that the district sought “a community based security service” that valued restorative justice principles and de-escalation techniques.

According to the RFP document, the deadline to submit proposals for RFP #20-21/02 was Aug. 14, 2020, but according to PCCD’s Vendor Registry, the deadline was nearly two weeks later on Aug. 26, 2020.

When asked why the district issued identical RFPs, Mark Johnson, PCCD spokesperson and Executive Director for Marketing, Communication, and Public Relations told The Citizen via a March 14, 2024 email that “there may have been a change in scope following the first RFP.”

Johnson did “not have information” to explain why the second pre-proposal meeting was not mandatory. “The District may have been trying to attract a larger pool of vendors,” he added.

According to records of the first pre-proposal meeting, representatives from at least four security firms, including Marina, attended the initial “mandatory” meeting. According to meeting records and chat logs, no record of CRC and Zulu’s attendance is apparent at the June 15 meeting, but CRC, Zulu, Marina, and 10 other vendors attended the Aug. 4 meeting.

Unredacted CRC proposals show key names in signature fields

The Citizen initially received a redacted copy of CRC’s proposal, dated August 26, 2020, in which the names of the Director, President, and other affiliated individuals were obscured.

According to the proposal, CRC is an Oakland-based grassroots community organization, and a “fiscally sponsored program” of Affect Real Change, a Louisiana-based nonprofit. “This is important because it gives us the flexibility to do independent fundraising to support the needs of our security model as it arises,” the proposal states.

After filing a public records lawsuit, The Citizen received unredacted copies of CRC’s proposal, one dated June 23, 2020 and one dated August 26, 2020. Only the contact info for two of CRC’s references, former Oakland City Councilmember Desley Brooks, and current Oakland City Councilmember Nikki Fortunato Bas, were redacted in these copies.

Both copies state in a cover letter that the proposal is in response to RFP #19-20/10, although forms attached to the August proposal list a different RFP, #20-21/02.

In the unredacted copy of the proposal submitted in June, current Oakland City Councilmember and activist Carroll Fife was listed as a partner and President of Affect Real Change in a vendor questionnaire. Fife was elected to the Oakland City Council in November of 2020.

Tur-Ha Ak, Fife’s longtime partner, is also listed on the document as the Executive Director of the organization under his legal name Earl Harper. Che-Malik Bowe is also listed as a partner of the organization. According to Affect Real Change’s tax filings, Bowe is the organization’s Secretary.

Fife’s name is also listed on a Small Local Business Enterprise/Small Emerging Local Business Enterprise (SLBE/SELBE) Self Certification Affidavit, a Non-Collusion Affidavit, and a RFP Acknowledgement and Signature Form attached to the proposal.

In unredacted copies received by The Citizen, the forms have been filled out with Fife’s name, title, and in some cases the date of June 22, 2020, but the signature fields are blank.

Ak denied that Fife ever signed the paperwork in a phone call with The Citizen on March 6, 2024.

In CRC’s later proposal in August, the associated paperwork is primarily signed by Ak, under his legal name Earl. A. Harper, with a date of August 24, 2020.

On a Non-Collusion Affidavit, and a RFP Acknowledgement and Signature Form attached to the proposal, Ak is listed as the President of Affect Real Change.

Fife, Bowe, and Ak (under his legal name) are still listed as partners at Affect Real Change in the vendor questionnaire in the proposal dated in August. Both copies list Ak as the Director of CRC.

Ak’s name and signature is on the Non-Collusion Affidavit and the RFP Acknowledgement and Signature Form as President, under his legal name Earl Harper. Ak also signed the SLBE/SELBE Affidavit.

The Citizen asked Johnson, the spokesperson for PCCD, why the names of individuals affiliated with CRC had been initially redacted. Johnson replied in a March 14, 2024 email that the redactions were made “in error.”

In Affect Real Change’s 2019 tax filing, which was signed on Nov. 15, 2020, Fife is listed as the President of the organization, while Ak, under his legal name, is listed as Vice President.

In Affect Real Change’s 2021 tax filing, which was signed on Nov. 15, 2022, Ak is listed as President, under his legal name. No Vice President is listed.

In accordance with The Citizen’s style guide, public records received by The Citizen are usually published and hyperlinked in articles that reference them. This serves two purposes: to uphold the credibility and transparency of our reporting, and to promote the freedom of information.

In this case, The Citizen has redacted phone and fax numbers from CRC’s proposals in order to protect subjects from harassment. The Citizen condemns harassment and/or threats of any kind, and does not wish to unintentionally facilitate any such harassment or threats. –Li Khan, EIC

Tur-Ha Ak responds to questions about the unredacted information

In a phone call on March 14, Ak acknowledged that Fife was previously associated with Affect Real Change, but departed “before we entered into any serious conversation.” He also stated that Fife “had been removed as an officer” by the time the proposal was signed.

The Citizen informed Ak that Fife’s name is listed as a “partner” of Affect Real Change in a vendor questionnaire attached to the proposal signed in August.

Ak asked to see a copy of the document. “That can’t be true,” he stated. “ […] We have officers, we don’t have partners.” The Citizen explained that the word “partner” was the language on the form, and provided Ak with a screenshot of the document after the call, but has not received further communication from him.

Fife did not respond to requests for comment in time for publication. Ak provided comment on Fife’s decision to step away from Affect Real Change.

“She was no longer active with the organization,” Ak said. “She’d moved on to other things.”

Ak also expressed frustration with the citation his organization received from the Bureau of Security and Investigative Services (BSIS), referring to it as an “incorrect citation.” BSIS alleged that CRC falsely represented itself as a licensed security firm, but Ak maintains that he was upfront with the district about their lack of a license. The RFP had not required a PPO license, according to district officials.

“We entered into this process honestly,” Ak told The Citizen. “We told them that […] we didn’t have this license. I counseled them multiple times. I said, ‘are you all sure that this is the case?’ I was told multiple times, ‘yes.’ Then, folks came back and said ‘We were mistaken, you all have to have this.’”

Ak further stated that he was “never interested” in the contract to begin with. “I did this to help support a process,” he said.

“And I cautioned them that this would happen,” he continued. “I cautioned Dr. Siri Brown and Atheria. I said, ‘you all gotta be careful, there’s gonna be lashback on this.’”

Ak also alleged that former Citizen articles contained “misinformation.” The Citizen asked Ak to specify what was inaccurate in previous reporting so that any necessary corrections could be issued. Ak has not yet responded.

Public records reveal makeup of the bid evaluation committee

Eight people served on the committee that evaluated bids for RFP #20-21/02. These committee members were:

• Alejandro Acosta, Laney College Stage and Production Supervisor for the Theater Department, and Chief Steward of Service Employees International Union, Local 1021, PCCD Chapter. (Acosta was a Steward, but not Chief Steward, at the time that he served on the committee.)
• Shanova Berry, Staff Assistant at PCCD district offices
• Siri Brown, former Vice Chancellor of Academic Affairs and Student Success
• Ramona Butler, EOPS/CARE and CalWORKS Coordinator at Berkeley City College
• Roger Chung, Laney College Ethnic Studies Faculty and Faculty Lead for the Restoring our Communities Program
• Kimberly King, current Laney College Psychology Faculty, and an organizer with the Laney College Poor People’s Campaign
• Royl L. Roberts, former PCCD Chief of Staff who later transitioned to General Counsel before accepting a position at the Alameda County District Attorney’s Office
• Atheria Smith, former PCCD Director of Facilities Planning and Development and current PCCD Interim Vice Chancellor of General Services

Records obtained after the lawsuit reveal that PCCD considered three other security firms that The Citizen was not previously aware of: Macedo Services, Armed Guard Services, and Security Patrol Division.

According to a summary of committee scores, CRC, and Zulu ranked far above Marina, Macedo, American Guard, and Security Patrol Services in initial committee evaluations, with Marina coming in third.

The Citizen received an excel spreadsheet containing scoresheets for each committee member, but with only the scoresheet for Siri Brown, the former Vice Chancellor of Academic Affairs, filled out.

In another round of evaluations, committee members were asked to compare CRC, Zulu, and Marina.

The Citizen asked committee members whether they were aware of the legal licensing requirements of the firms they were evaluating.

According to a May 7, 2021 announcement from former Interim Chancellor Jannett Jackson, the RFP had not required a Private Patrol Operator (PPO) license.

“The District learned that all security vendors must have a PPO license to provide services to the District,” Jackson wrote in the announcement. “It then came to light that CRC and Zulu did not have PPO licenses and the RPF [sic] had not required such a license.”

According to the announcement, PCCD gave CRC and Zulu until May 1, 2021 to obtain PPO licenses, but they were still “awaiting approval.”

King told The Citizen via a March 12, 2024 email that she was not aware if a Private Patrol Operator license was required for the position when she served on the committee.

“It was not mentioned during the RFP evaluation process,” King wrote. “Our role was to review the applications and conduct interviews with applicants based on what was in the RFP created by the Peralta Administration.”

Roberts and Acosta also told The Citizen that they were not aware of the licensing requirements. “We weren’t educated about Clery Act reporting, about any of that,” Acosta said in a March 7, 2024 interview.

Acosta recalled his surprise when he received the news that some firms did not meet legal licensing requirements.

“I was like, what? Why weren’t these groups vetted for that?” Acosta said.

His confusion stemmed in part from his experience serving on hiring committees as a classified union representative. According to Acosta, during a hiring process, candidates are vetted for “minimum qualifications,” before being passed on to committees.

“I just remember being so frustrated,” Acosta said. “ […] Cause we spent all that time, and I’m sure a lot of money, selecting these groups that we shouldn’t have even been considering.”

Questions about prior relationships to firms

The Citizen received signed conflict of interests affidavits from all committee members except for Acosta and King.

In her email, King told The Citizen that she remembers signing the affidavit in August 2020. Acosta told The Citizen that he doesn’t remember specifically if he had signed a conflict of interest form, as he has served on many committees in the past, but he assumes that he did sign one. Both King and Acosta stated to The Citizen that they did not have any relationship with the firms as defined in the affidavit.

The affidavit asks signees to disclose any “past, present, or planned future relationship that might suggest a conflict of interest, due to your involvement with any individual or firm that has submitted a proposal.”

The affidavit defines a “relationship” as “an involvement where you or a Relative have, either directly or indirectly, worked for, worked with, had or intend to have a contract for services or employment with, or participated in any business or personal project with any individual or firm that has submitted a proposal.”

According to the affidavits received by The Citizen, Berry, Brown, Butler, Chung, Roberts, and Smith attested that they did not have any “any relationship […] with any of the entities responding to the RFP.”

On Sep. 8, 2018, Brown was a featured speaker at a CRC “Black Solidarity Listening Session” on education, according to posts on CRC’s Facebook and Instagram pages.

The Citizen asked Johnson, the spokesperson for PCCD, whether this information suggested a conflict of interest based on the language in the affidavit.

“There does not appear to be a conflict based upon the information provided,” Johnson wrote in a March 14, 2024 email.

Brown did not respond to requests for comment in time for publication.

When asked about his relationship to Brown, Ak, the Director of CRC, stated that he had no personal or professional relationship to her, but that he knew of Brown “from being in the community.”

“Even if Dr. Siri Brown knew us as a community organization that might be good for this process, there’s no impropriety in that,” Ak said.

While serving as Vice Chancellor of Academic Affairs, Brown signed the approval for a contract to Ras Harambe, under his legal name Robert Dabney, for the term of Feb. 10, 2020 to June 30, 2020, to facilitate 10 workshops and “1-2 field trips” as part of Merritt College’s Umoja/Sankofa initiative.

Harambe would go on to found Zulu Community Protection, also known as Zulu Protection Services. According to records from the California Secretary of State, Zulu submitted its initial filing to the state on June 30, 2020.

In The Citizen’s review of district payments to outside speakers last June, Harambe received the highest amount in payments. He received a total of $60,000, split between three $20,000 contracts, from February 2020 through June 2022.

Members of the evaluation committee overall ranked CRC and Zulu the highest out of the six firms that were considered. The two firms were nearly tied. Brown was one of four committee members who scored Zulu higher than all other firms, giving Zulu a score of 89 out of 100 points, and CRC a score of 83.

The Citizen also provided Johnson with information about Harambe’s contract with the district. Johnson confirmed that the information did not suggest a conflict of interest to PCCD.

Harambe did not respond to multiple requests for comment. A phone call to the number listed on Zulu’s contract with PCCD routed to a service advertising a “$100 retail rebate.” When The Citizen called the number listed on Harambe’s resume, a man picked up but did not identify himself as Ras Harambe, and hung up after being inquired about Robert Dabney.

The Citizen redacted Dabney/Harambe’s contact information from the hyperlinked independent contractor documents.

Brown received a “special assignment” through settlement with PCCD over alleged discrimination complaint

On Feb. 22, 2023, The Citizen obtained a settlement agreement between the PCCD and Brown, following a Public Records Act request dated Jan. 28.

According to the settlement, Brown received a “Faculty on Special Assignment position,” at her former administrator salary, in exchange for withdrawing a discrimination complaint she had filed with the California Department of Fair Employment and Housing (DFEH) in November 2020, among other items.

Brown was formerly a faculty member in the Merritt College Ethnic Studies Department. She also served as Interim Dean of Liberal Arts and Social Sciences at Merritt in 2016, before being promoted to Vice Chancellor of Academic Affairs and Student Success on July 3, 2017.

Prior to submitting the DFEH complaint, Brown had submitted a series of written discrimination complaints to PCCD in August and October 2020. In September, the district hired employment law firm Shaw Law Group to conduct an “independent fact-finding of Brown’s complaints.”

The group found Brown’s “allegations regarding discrimination and retaliation were unsubstantiated,” in a May 20, 2021 investigation report, according to the settlement.

Brown’s DFEH complaint was “based on the same allegations set forth in the initial complaints,” the settlement states.

The settlement specified that Brown would “be assigned to a Faculty on Special Assignment position” for the remainder of her contract, beginning Jan. 1, 2022 and ending June 30, 2023. According to the settlement, Brown’s salary was “y-rated,” or frozen.

“Brown’s salary as a Faculty on Special Assignment shall be y-rated at her current contractual rate as Vice Chancellor of Academic Affairs and Student Success,” the settlement states.

Brown’s salary, according to the settlement, as Vice Chancellor was $229,998.25 for a 12-month work year. As “y-rated” faculty, Brown’s salary remained at this amount, “prorated” to reflect a 11-month work year, according to the settlement.

According to Jeff Sanceri, the current President of the Peralta Federation of Teachers (PFT 1603), the union alleged that Brown’s salary as faculty violated PFT’s collective bargaining agreement. As of Jan. 1, 2023, the maximum salary for faculty members at the district, in the highest column and step, is capped at $133,999, according to the PFT full-time faculty annual salary schedule.

According to Sanceri, PFT filed a formal grievance with PCCD regarding the issue. He told The Citizen the grievance was denied twice before going to arbitration, and that PFT is still awaiting a decision.

Johnson, the spokesperson for PCCD, told The Citizen that PCCD “had an obligation to Dr. Brown” as part of the settlement.

“We understand and appreciate the concerns raised by PFT,” Johnson wrote in a March 13, 2024 email.

Brown’s “special assignment”, for a term of Jan 1, 2022 to June 30, 2023, included 20% teaching at Merritt College, 30% assisting in the transition, and 50% leading a new “Teaching and Learning Center,” which would aim to provide all district employees with “professional development and training opportunities.”

Brown signed the settlement agreement on Nov 9, 2021.

On Dec. 1, 2021, Human Resources Analyst at the time, Natasha Spivey, sent an email to PCCD faculty advertising a position “open to all faculty,” for a “Faculty Special Assignment” at the district “Teaching and Learning Center,” for a term of Jan. 3, 2022 through June 30, 2023.

According to the attached description, the position would include 20% teaching, and 80% developing and managing the “Training [sic] and Learning Center.” “Appropriate additional compensation will be provided,” the description states.

On Dec, 13, 2021, former Interim Chancellor Jannett Jackson announced that Brown was selected to lead the Professional Development and Learning Center based on her knowledge and experience. “This was an in-house announcement and other qualified candidates applied,” the announcement states.

Other stipulations in the settlement included a $25,000 provision for Brown’s attorney fees, a mutual agreement between Brown and PCCD not to “disparage” each other, and Brown’s agreement to waive her rights to claims under the Age Discrimination in Employment Act of 1967.

The settlement also specified that documents related to Brown’s initial complaints as well as the DFEH complaint, including certain documents placed in Brown’s personnel file by former Interim Chancellor Carla Walter, would be placed in a sealed envelope in Brown’s personnel file. The sealed envelope may only be opened if required by law or with Brown’s “express permission.”

Brown has since departed PCCD, with her “faculty retirement” effective July 1, 2023.

Lawsuit helped to resolve other incomplete record requests

Some delays in public records requests to PCCD are caused by hard copies of records being stored offsite.

On April 21, 2022, The Citizen requested four years worth of district credit card statements, from July 1, 2017 to Oct. 31, 2021.

According to District Administrative Procedure 6330, “certain authorized employees” of the district are given “Cal cards” (credit cards) for “business transactions associated with minor purchases or travel expenditures when traveling on District business.”

On May 10, 2022 the district provided credit card statements from July 2019 – Oct 2021, and stated that hard copies of July 2017 – June 2019 statements were stored offsite, but would provide these records by May 31, 2022.

The Citizen sent a follow-up email on June 1, 2022, after the remaining documents had still not been provided. On June 1, 2022, the district provided records for the 2018-19 fiscal year, but stated that the records for the 2017-18 FY had not yet been delivered to the district office from offsite storage.

On July 21, 2022, the district provided records for the 2017-18 fiscal year, but with records for the months of July, August, October, and December missing. Johnston also noticed in May of 2023 that some pages were missing from individual statements.

On June 13, 2023, the district provided a complete production of the original credit card requests, after re-searching for the statements.

An incomplete public records act request related to a district official’s emails was also fulfilled, but with exemptions.

On October 24, 2022, The Citizen requested all incoming and outgoing email from PCCD Director of Public Safety, Tim Thomas, between September 26, 2022, and October 24, 2022.

According to the lawsuit, the district’s original production of records, delivered on Nov. 9, 2022, had outgoing emails from Thomas, but not incoming messages. The Citizen had access to a copy of an email that had been sent to Thomas’ inbox within the time frame that he requested, but that email was not in the district’s original production.

On April 28, 2023, the district produced a document containing Thomas’ emails, narrowed down to a list of search terms provided on March 27, 2023.

The district did not provide some of Thomas’ emails, citing certain exemptions, including an exemption for records related to “pending litigation” and exemptions for records that would compromise the security of the district.

Looking back on “holistic safety and wellness”

Years after PCCD began its efforts transform its approach safety and security, some aspects of the plan are still being worked on.

Concerns about safety on campus continue. In the most recent district survey on campus safety and security, 48% of survey respondents reported feeling unsafe on some areas of campus. Only 32% of respondents felt “very safe” on campus.

Recently, rising concerns about smash-and-grabs in Oakland prompted PCCD officials to put out safety messages asking community members not to travel alone or leave property unattended.

King, who served on the vendor evaluation committee and has also worked with Black Minds Matter at Peralta and the Laney College Poor People’s campaign, provided The Citizen with a copy of a 10-step “action plan for holistic safety and wellness.” The plan was endorsed by several constituency groups and in June 2021, the PCCD Board of Trustees passed a resolution supporting the plan.

In an email to The Citizen, King commented positively on Marina’s impact on campus security, although she expressed surprise at the “high cost.” She noted that Marina guards are “trained in de-escalation, CPR, and Mental Health First Aid.”

King added that the establishment of a district-level participatory governance committee last spring and a recent mental health first-aid training that she co-taught were aspects of the plan that had been put in place.

On the other hand, Acosta, the classified union representative who served on the evaluation committee, took a cynical take on the district’s progress towards institutional changes outlined in the 10-step plan.

He pointed to several items on the plan that he felt had not been adequately addressed, such as expanding the student safety aid program, implementing more restorative justice training, creating case managers for needy students, and utilizing counselors for crisis intervention and de-escalation.

“I think we did it backwards,” Acosta said. “What we needed to do was do years of changing our situation around to where we didn’t need armed law enforcement anymore.

“And like, would that have ever worked? I don’t know. But I don’t think what we’re doing now works either.”

This article was updated on 3/17/2024 to reflect that Ak is Fife’s longtime partner.

This article utilized public records requests submitted by former Citizen staff David Rowe, Pamela Rudd, Shiloh Johnston, and Ken Lester.