You are on page 1of 23

From:

Sent:
To:
CC:

Subject:

"Barnes, Deborah" <DBarnes@oaklandnet.com>


11/23/2015 6:00:15 PM +0000
Shonda Scott <shondascott360@gmail.com>
"Parker, Barbara" <CITY OF OAKLAND/CITY ATTORNEY'S
OFFICE/RECIPIENTS/PARKE9B>; "Cook, Allyson E." <CITY OF OAKLAND/CITY
ATTORNEY'S OFFICE/RECIPIENTS/COOK9A>; "Berens, Matt" <CITY OF
OAKLAND/EXTERNAL
(FYDIBOHF25SPDLT)/RECIPIENTS/3E11706D4BB44AE693B7D65BEA444186>
; "San Miguel, Ron" <CITY OF OAKLAND/EXTERNAL
(FYDIBOHF25SPDLT)/RECIPIENTS/RON SAN MIGUEL621>
RE: Requesting your assistance please

Super, You do the same my dear heart.


The letter we have was addressed to Barbara Parker. I have copied her on this email so that
she will know that OUSD is aware and working on it.
Also, I coped our minimum wage legal support Allyson and my minimum wage staff Matt and
Ron.

Thanks Shonda. Have a Happy Thanksgiving and thanks for being there for us.

Deb

Deborah Lusk-Barnes
Director, Contracts and Compliance
Office of the City Administrator
250 Frank Ogawa Plaza
Oakland, California 94612
(510) 238-6270

From: Shonda Scott [mailto:shondascott360@gmail.com]


Sent: Monday, November 23, 2015 8:33 AM

To: Barnes, Deborah


Subject: Re: Requesting your assistance please

Debbie,

Brigitte Marshall (HR Director) or OUSD legal counsel will follow up with you regarding the
compliance letter. OUSD have been in contact with OEA working through this issue. If you
haven't heard anything by end of next week please let me know.

I appreciate all your support! Have a fabulous holiday.


Kindest regards,
Shonda
Sent especially for you from my iPhone

*NOTICE - This communication may contain confidential and privileged


information that is for the sole use of the intended recipient. Any viewing, copying or

or reliance on this message by unintended recipients is


strictly prohibited. If you have received this message in error, please
notify us immediately by replying to the message and deleting it from
your computer. Thank you.
distribution of,

On Nov 20, 2015, at 5:09 PM, Barnes, Deborah <DBarnes@oaklandnet.com> wrote:


Thank you,
Let me know if you want me to fax the letter to you.

Deb

Deborah Lusk-Barnes

Director, Contracts and Compliance


Office of the City Administrator
250 Frank Ogawa Plaza
Oakland, California 94612
(510) 238-6270

From: Shonda Scott [mailto:shondascott360@gmail.com]


Sent: Friday, November 20, 2015 2:06 PM
To: Barnes, Deborah
Subject: Re: Requesting your assistance please

I will follow up.


Kindest regards,
Shonda
Sent especially for you from my iPhone

*NOTICE - This communication may contain confidential and privileged


information that is for the sole use of the intended recipient. Any viewing,

or reliance on this message by


unintended recipients is strictly prohibited. If you
have received this message in error, please notify us
immediately by replying to the message and deleting it from
your computer. Thank you.

copying or distribution of,

On Nov 20, 2015, at 1:45 PM, Barnes, Deborah <DBarnes@oaklandnet.com>


wrote:

Hi Shonda, how are you ?

My office is responsible for enforcing minimum wage. The City


Attorneys Office received a letter from the California Teachers
Association claiming that OUSD was not in compliance with Measure
FF.

We have enjoyed a great working relationship with you and


wondered if we could extend a professional courtesy to the person
responsible for responding, perhaps your HR staff.

The letter is from Douglas H. Appel, Regional UniServ Staff. We


wanted to forward this to the right person or persons and perhaps
have a conversation with them. Can you help or route me to the
most appropriate person.

Thanks
Deb

Deborah Lusk-Barnes
Director, Contracts and Compliance
Office of the City Administrator
250 Frank Ogawa Plaza
Oakland, California 94612
(510) 238-6270

From: Inman, Vivian


Sent: Thursday, November 12, 2015 2:13 PM
To: Mariela Patron
Cc: Berens, Matt; Barnes, Deborah
Subject: RE: Holiday Inn Express Complaint

Your email is being forwarded to Matt Berens, he can assist you in this regard. Matt can be
reached at (510) 238-7735 or via email at mberens@oaklandnet.com.

Thanks.

From: Mariela Patron [mailto:marielapatrongz@gmail.com]


Sent: Thursday, November 12, 2015 1:30 PM
To: Inman, Vivian
Subject: Holiday Inn Express Complaint

Dear Vivian,

My name is Mariela Patron, and I am a reporter for Oakland North, a publication out of
the UC Berkeley Graduate School of Journalism. I am doing a story on the Holiday Inn
Express workers. I know the workers filed a complaint to the city against the hotel early
this year, and I was wondering if there is a way I can get a copy of the complaint.

I am working on deadline, so if you could get back to me as soon as you can, that would
be great.

Thank you.

Best,

Mariela

-Mariela Patron
Journalist
UC Berkeley '17
University of La Verne '15
626-251-7426

From:
Sent:
To:
CC:
Subject:

"Barnes, Deborah" <CITY OF OAKLAND/CITY


CENTER/RECIPIENTS/BARNE9D>
6/18/2015 10:05:59 PM +0000
Patricia Contreras <patricia@workingeastbay.org>
"San Miguel, Ron" <RSanMiguel@oaklandnet.com>; "Berens, Matt"
<MBerens@oaklandnet.com>
RE: Follow up from meeting on Tuesday

Hi Patricia,
I think the meeting was a good start and we were grateful for the time taken by the
claimants to speak to this issue in person.

See below for responses.

Deborah Lusk-Barnes
Director, Contracts and Compliance
Office of the City Administrator
250 Frank Ogawa Plaza
Oakland, California 94612
(510) 238-6270

From: Patricia Contreras [mailto:patricia@workingeastbay.org]


Sent: Thursday, June 18, 2015 2:06 PM
To: Barnes, Deborah
Subject: Follow up from meeting on Tuesday

Hola Deborah:

In retrospect I am very glad I was in attendance at the meeting on Tuesday.

I wanted to follow up with you about the following please:

*You mentioned partnering up with community orgs to help with enforcement, can
you please so more about this: We will be going out with an RFP to solicit proposals
from for-profit and not for-profit entities to work with hourly wage workers in need
to assistance in maneuvering through the various complexities of Measure FF . We
are looking to model San Franciscos approach in this regard.

*I know there is $150k in the Mayor's budget going to your dept, yes, this is what
was proposed. It has not been adopted yet but we are confident it will be. can you
share at all how this money will be used? Approximately $130,000 for full time
compliance officer. The remainder to be used for the contracts.

*You also mentioned your visit with Oliveto owners. I did not say that I made a visit.
I offered a scheduled time but that time was not confirmed. I did say that I
communicated with them by phone and email. Can you tell me when you met with
them and what they told you would transpire after that meeting? I was advised that
the matters were resolved. Did they meet with you and then the mayor? I did not
meet with them. As I mentioned, the correspondence was via email and phone. I
am meeting with a couple workers from Oliveto tonite, I know that short of a
complaint form being turned in you cant do much else. Yes, I was put on notice that
one was coming but a compliant form was never sent in. But I would love to hear
more about your meeting with them. There was no meeting.

I would be glad to meet with you in person to discuss thee above. Let me know a
time and date that is works for you. Any time between 1:30 and 3:30 on June 30th
works for me.

Thanks,

~patricia

-Patricia Contreras Flores


Community Organizer
East Bay Alliance for a Sustainable Economy

Cell: 415.573.5471
http://www.workingeastbay.org/

"How do you enjoy life as the world is burning?" -Josh Healey

"Life will break you. Nobody can protect you from that, and living alone won't either,
for solitude will break you with its yearning. You have to love. You to have to feel.
Its the reason you are here on earth. You are here to risk your heart. You are here
to be swallowed up. And when it happens that you are broken, or betrayed, or left,
or hurt, or death brushes near, let yourself sit by an apple tree and listen to the
apples falling all around you in heaps, wasting their sweetness. Tell yourself that you
tasted as many as you could."-Louise Erdrich

From:
Sent:
To:
CC:
Subject:

"Barnes, Deborah" <CITY OF OAKLAND/CITY


CENTER/RECIPIENTS/BARNE9D>
4/29/2015 8:28:23 PM +0000
"Swan, Rachel" <RSwan@sfchronicle.com>
"Boyd, Karen" <KBoyd@oaklandnet.com>
RE: SF Chronicle query re: enforcement of minimum wage law

Rachel,
See responses below. I have a 1:30 and will be away from my desk.

I trust this helps.

Deb Barnes

Hi Deborah and Aliza,

I hope this note finds you well.

Im writing because Ive seen Craigslist postings for several jobs in Oakland that pay less
than $12.25 an hour, and I was wondering if the city has been cracking down on
businesses, or if anyone has called to complain.

We have received informal and formal complaints but I do not know if they are attached to
advertisements on Craigs list.

Proactive enforcement capacity will definitely occur July 1, 2015. We are working with
administration to bring someone in sooner. The Mayors office has requested resources
expressly for this purpose. We are currently addressing a number of on-going clarification
questions and processing verbal and written complaints. In addition, we are outreaching one
business at a time, starting in the China Town district. The next targeted business area will

be Fruitvale. We find that this one-on-one hands on approach is most effective.

In terms of resources, current Compliance Officers responsible for enforcing social justice
policies have absorbed minimum wage responsibilities. As such, we are staffed to address
complains, answer clarification questions, and participated in a number of
business/employee workshops. Alizas shop (the Oakland Business Assistance Center) offers a
legal clinic and a business Tool-Kit that includes referrals for technical assistance and
support.

I was also wondering if I could get a little primer on how the city enforces its minimum
wage law.
The final draft of our Rules and Regulations for monitoring and enforcement are under
review. At this moment, we are inviting the public to submit a written complaint on the
complaint form or solicit our assistance to evaluate potential non-compliances. The complaint
form is on the web site under Resources for Employees. The Minimum Wage web site is as
follows:http://www2.oaklandnet.com/Government/o/CityAdministration/d/MinimumWage/OA
K051451.

I talked to one manager at a body shop who said he wasnt aware of the law. He was
offering $11 an hour for a part time assistant.

It is unfortunately that the information was missed. We have conducted a rather


aggressive outreach.

We covered the city with information and we are circling back to re-inform.

We have outreached to our fullest capacity whereby we have launched an outreach


effort that included notices to all businesses that hold the Oakland Business Tax
Certificate ,

We have conducted over 11 outreach sessions across the City and met with business
chambers and other membership organizations upon request.

We have also responded to individual requests from business owners and employees.

Regarding this company, I would prefer validating a claim before issuing a determination of
non-compliance. I find that wage and operation issues at face value are not typically clear cut
as each operation is unique.

Do you have the contact information for the body shop? Staff will send Measure FF
information and follow up with a contact to make sure there is a non-compliance issue. If
there is an issue, we interview employees, request all records relative to work hours, pay

rates; charges (i.e. service charges) pay stubs, personnel policies, and benefits statements. If
a noncompliance is found, we demand shortfall payments on behalf of the worker. If the
business challenges the determination, we will attempt to resolve with an outside Hearing
Officer if needed.

Any help you could provide would be great.

I trust the above is helpful and if you dont mind helping in this effort, it would be greatly
appreciated if you cold distribute the information to the public.

Thanks so much.

Deborah Lusk-Barnes
Director, Contracts and Compliance
Office of the City Administrator
250 Frank Ogawa Plaza
Oakland, California 94612
(510) 238-6270

From: Swan, Rachel [mailto:RSwan@sfchronicle.com]


Sent: Wednesday, April 29, 2015 11:40 AM
To: Barnes, Deborah
Subject: Re: SF Chronicle query re: enforcement of minimum wage law

Hi Deb,
Great. My deadline is 2 p.m. Also, could I arrange for a photographer to come in and photograph your enforcement
department?

Thanks so much.
Best,
Rachel

Rachel Swan
Staff Writer
San Francisco Chronicle
415-568-7559

From: <Barnes>, Deborah <DBarnes@oaklandnet.com>


Date: Wednesday, April 29, 2015 at 11:25 AM
To: Rachel Swan <rswan@sfchronicle.com>
Cc: "Boyd, Karen" <KBoyd@oaklandnet.com>, "Gallo, Aliza" <AGallo@oaklandnet.com>
Subject: RE: SF Chronicle query re: enforcement of minimum wage law

Hi Rachel,

I received your email of yesterday, your phone message and the email below today.

I have prepared responses to your questions in the email sent yesterday. They should help to clarify
where we are.
As standard operating procedure for my office, communications with the press are typically vetted
through our public relations staff.

What is your deadline ?

Deb

Deborah Lusk-Barnes
Director, Contracts and Compliance
Office of the City Administrator
250 Frank Ogawa Plaza
Oakland, California 94612
(510) 238-6270

From: Swan, Rachel [mailto:RSwan@sfchronicle.com]


Sent: Wednesday, April 29, 2015 10:03 AM
To: Barnes, Deborah
Subject: SF Chronicle query re: enforcement of minimum wage law

Hi Deborah Barnes,
Im pursuing a story on enforcement of Oaklands minimum wage law, and Id love to talk to you about how it works.
My number is 415-568-7559. Thanks so much.
All the very best,
Rachel Swan

Rachel Swan
Staff Writer
San Francisco Chronicle
415-568-7559

From:
Sent:
To:

Subject:

"Hom, Donna" <DHom@oaklandnet.com>


4/3/2015 8:50:10 PM +0000
"Darensburg, Shelley" <CITY OF OAKLAND/CITY
CENTER/RECIPIENTS/DAREN9S>; "Barnes, Deborah" <CITY OF
OAKLAND/CITY CENTER/RECIPIENTS/BARNE9D>; "Cook, Allyson
E." <CITY OF OAKLAND/CITY ATTORNEY'S
OFFICE/RECIPIENTS/COOK9A>
RE: Minimum Wage Complaint from Employee of South West Airlines

Got it. duh! It was in your first e-mail. This is a big employer.

Donna Hom
Donna Hom
Interim Assistant City Administrator
1 Frank Ogawa Plaza #301
Oakland, CA 94612
(510) 238-2038 (Phone)
(510) 238-2223 (Fax)
(510) 238-2007 (TDD)

From: Darensburg, Shelley [mailto:SDarensburg@oaklandnet.com]


Sent: Friday, April 03, 2015 1:47 PM
To: Hom, Donna; Barnes, Deborah; Cook, Allyson E.
Subject: RE: Minimum Wage Complaint from Employee of South West Airlines

Hi Donna,
Its South West Airlines.

From:
Sent:
To:

Subject:

"Hom, Donna" <DHom@oaklandnet.com>


4/3/2015 8:44:23 PM +0000
"Darensburg, Shelley" <CITY OF OAKLAND/CITY
CENTER/RECIPIENTS/DAREN9S>; "Barnes, Deborah" <CITY OF
OAKLAND/CITY CENTER/RECIPIENTS/BARNE9D>; "Cook, Allyson
E." <CITY OF OAKLAND/CITY ATTORNEY'S
OFFICE/RECIPIENTS/COOK9A>
RE: Minimum Wage Complaint from Employee of South West Airlines

Thank you, Shelley. What is the employers name?

Donna Hom
Donna Hom
Interim Assistant City Administrator
1 Frank Ogawa Plaza #301
Oakland, CA 94612
(510) 238-2038 (Phone)
(510) 238-2223 (Fax)
(510) 238-2007 (TDD)

From: Darensburg, Shelley [mailto:SDarensburg@oaklandnet.com]


Sent: Friday, April 03, 2015 1:38 PM
To: Barnes, Deborah; Cook, Allyson E.; Hom, Donna
Subject: Minimum Wage Complaint from Employee of South West Airlines

Hi Debbie, et al,

This email is to advise you all of a telephone complaint that I received from

who is an employee of South West Airlines.


tated that she works at the
Oakland Airport and that she is not receivi
m wage. I then asked her if
she was aware of any collective bargaining agreement waiving the minimum wage and
she said not that she was aware of any collective bargaining waiver. But asked that I
speak with her union. She then provided me with a telephone number to the union
that represents her. I called the union and spoke with a Jerry McCrummen, Vice
President and explained to him the minimum wage law. He stated that there is no
waiver in the collective bargaining agreement and that the union is supportive of
Oaklands minimum wage. Finally he requested that I send him the information on the
law as well as a complaint form.

I will be sending that information immediately.

Thank you,
Shelley

Shelley Darensburg
Senior Contract Compliance Officer
City of Oakland
City Administrator's Office
Contracts and Compliance Unit
250 Frank H. Ogawa Plaza, Suite 3341
Oakland, California 94612
(510) 238-7325
(510) 238-3363 fax
sdarensburg@oaklandnet.com

Oakland Ranked #5 Place to Visit in the World!


New York Times, January 2012 http://bit.ly/GB3s8f

For iSupplier Login visit us at: http://www2.oaklandnet.com/Government/o/CP/index.htm


For iSupplier online guide visit us at:
http://www2.oaklandnet.com/oakca/groups/contracting/documents/form/oak024312.pdf
"The only tyrant I accept in this world is still the voice within." -- Mahatma Gandhi

"No work is insignificant. All labor that uplifts humanity has dignity and importance and should be
undertaken with painstaking excellence." -- Dr. Martin Luther King, Jr.

From:
Sent:
To:
Subject:

minwageinfo@oaklandnet.com
2/26/2015 10:00:52 PM +0000
Ruby Varnadore <rvarnadore@unitedcontractors.org>; "Smith, Jamie"
<CITY OF OAKLAND/CITY ATTORNEY'S
OFFICE/RECIPIENTS/SMITH9J>
RE: Letter re CBA Waivers for Paid Sick Leave

Mr. Varnadore,
This email is to advise you that we are in receipt of this request and it is under consideration. We will get back to you as soon as
possible.
Thank you.

-----Original Message----From: Ruby Varnadore [mailto:rvarnadore@unitedcontractors.org]


Sent: Thu 2/26/2015 12:26 PM
To: Smith, Jamie
Cc: minwageinfo@oaklandnet.com
Subject: FW: Letter re CBA Waivers for Paid Sick Leave
I am forwarding this e-mail since I got an out-of-office reply from the main City Attorney e-mail address. Thank you.
Ruby Varnadore | Labor Contracts Manager
United Contractors
rvarnadore@unitedcontractors.org<mailto:rvarnadore@unitedcontractors.org>
www.unitedcontractors.org<http://www.unitedcontractors.org/>
17 Crow Canyon Court, Suite 100, San Ramon, CA 94583
(925) 855-7900 main | (925) 855-7909 fax | (925) 362-7310 direct
Upcoming Events<http://www.unitedcontractors.org/calendar_list.asp>
Facebook<https://www.facebook.com/UnitedContrs> Twitter<https://twitter.com/UnitedContrs>
LinkedIn<http://www.linkedin.com/in/rubyvarnadore/>
Email Policy<http://www.unitedcontractors.org/content.asp?admin=Y&contentid=160>
From: Ruby Varnadore
Sent: Thursday, February 26, 2015 12:06 PM
To: 'info@oaklandcityattorney.org'
Subject: Letter re CBA Waivers for Paid Sick Leave
Importance: High
Please see the attached letter - originals are in the mail. We appreciate your prompt attention to this matter.
Ruby Varnadore | Labor Contracts Manager
United Contractors
rvarnadore@unitedcontractors.org<mailto:rvarnadore@unitedcontractors.org>
www.unitedcontractors.org<http://www.unitedcontractors.org/>
17 Crow Canyon Court, Suite 100, San Ramon, CA 94583
(925) 855-7900 main | (925) 855-7909 fax | (925) 362-7310 direct
Upcoming Events<http://www.unitedcontractors.org/calendar_list.asp>
Facebook<https://www.facebook.com/UnitedContrs> Twitter<https://twitter.com/UnitedContrs>
LinkedIn<http://www.linkedin.com/in/rubyvarnadore/>
Email Policy<http://www.unitedcontractors.org/content.asp?admin=Y&contentid=160>

You might also like