As reported here earlier, Alameda County District Attorney Tom Orloff announced his resignation this week, urging the Board of Supervisors to appoint Chief Assistant District Attorney Nancy O’Malley as his replacement as soon as this coming week. This, of course, would let O’Malley have more than nine months as in incumbent before she must win an election to keep the post next year.
But at least one local official isn’t comfortable with what some have called an “appoint-and-annoint” succession. I just received a note said to have been forwarded from Oakland City Councilwoman Desley Brooks, urging people to come out and be heard on this.
The Alameda County Board of Supervisors will appoint a new District Attorney Tuesday, September 15, 2009, at 9:00 am. The item is #8A on their agenda. They appear set to appoint Nancy O’Malley at the request of Tom Orloff.
This is an elected position. While the Board has the authority to appoint; it should only do so pursuant to a public process. In the instant case they are making an appointment with less than a week’s public notice and without a public process.
We need to pack the Board chambers on Tuesday and demand a public process for the selection process. Please help turn out as many people as you can. This position is too important for them to make this appointment in secret.
Let me know what you can do to help.
Thanks so much.
Brooks was among a few local officials who have rallied with those protesting the New Year’s Day slaying of Oscar Grant III by then-BART Police Officer Johannes Mehserle; Orloff took heat from those protestors for waiting two weeks after the shooting to charge Mehserle with murder, and is still under fire from some for not also charging Officer Tony Pirone, who also was involved the fracas that led up to the shooting. I see Brooks attended at least one meeting at which an effort to recall Orloff was discussed; it’s not surprising she wants to slow down his hand-picked successor’s appointment.
UPDATE @ 9:17 P.M. FRIDAY: Oakland City Councilwoman Rebecca Kaplan concurs, according to an e-mail I received from her about an hour ago.
I also agree, that it is essential that there be a rational and fair process to fill the position of Alameda County District Attorney. Particularly given that the D.A. is an elected position, and also how important the role of the DA is, for our ability to improve public safety and restore public trust of police and prosecutors here in our city, and ensure protection from crime.
My view, in support of a fair process, is NOT based on supporting, or opposing, any particular potential candidate for the job — but rather, given the extreme importance of this job, it seems essential to at least have a selection procedure that is fair and coherent.
We are talking about giving someone a job in which they literally hold the power of life and death over people — surely choosing someone for such a role should require NO LESS of a process than is required to get a job — any job. To just appoint someone on Tuesday, with no process, and without allowing anyone to apply, would mean someone is chosen for a role of incredible importance and responsibility without even as much process as it takes to get a job at Burger King — and without even as much process as it takes to get an endorsement from a political club when running for office.
In terms of Solutions to this problem, I could envision two options:
1) Like with Senator Kennedy’s seat, appoint a “caretaker” for the interim, on the basis of it being a person who WILL NOT RUN for the seat, and therefore, this would allow an open and fair election next year.
2) If option 1 doesn’t seam viable, then AT LEAST if the Board of Supervisors is going to take their Power to Select someone for this incredibly important position, there should at least be a reasonable application and selection process. People must be allowed to apply, be interviewed, etc, and then a selection made on a fair basis.
FOR EXAMPLE: When AC Transit Board fills a mid-term vacancy (as recently happened when I left AC Transit to join the Oakland City Council) there is a process which includes an application period and application packet and interviews, etc. This should be the least we should expect in the process of selecting a D.A.