Divisions on EBMUD grow amid misconduct investigations

OAKLAND An analysis attempting to shed more light on a March confrontation at the East Bay Municipal Utility District between Director April Chan and an Oakland neighborhood artist has led to a growing divide among board members Investigations of the case were discussed publicly for the first time last week when it was also revealed that Chan had just now filed a complaint accusing Board President Marguerite Young of anti-Asian bias for her handling of the matter I recognize the emotional and professional toll that this has taken on my fellow board members our staff and the population Young noted at a board meeting on June All of us are here for at least another year and a half We need to work together to do the work of the district The initial confrontation occurred March when Oakland artist Tiffany Conway-Cornelius was removing a multipiece art exhibit that had appeared in the EBMUD lobby and had parked in a director s parking spot during the removal after receiving approval from a staff member Chan approached her and appealed why she had parked there Conway-Cornelius was incensed at being questioned and followed Chan to the elevators that led to the EBMUD lobby according to the workplace violence review s account Chan entered the elevator and Conway-Cornelius stood in the doorway preventing the EBMUD director from leaving and peppering her with threats the account noted The workplace harassment investigator unveiled this action met the district s definition of a threat of violence Conway-Cornelius filed a complaint against Chan with Young which was discussed at the next board meeting on April The artist spoke during populace comment and again approached Chan telling her to re-examine her relationship with anti-Blackness Chan was not given an opportunity to provide her account of the happening but voluntarily stepped down as board vice president for a month to allow completion of two investigations one for workplace harassment and another for violations of equal employment opportunity The EBMUD board voted to remove Chan as vice president until the investigations were completed on May replacing her temporarily with Director Luz Gomez Though Chan retained her position as a board member dozens of Chan s supporters manifested up to the meeting and criticized the board for what they saw as punishing Chan for accusations that had not been verified The workplace harassment scrutiny determined that Chan had not harassed Conway-Cornelius but was subject to threats The equal employment opportunity review remains open and the investigator is still waiting to interview Chan The circumstance itself was brief and mischaracterized but the reaction around it grew far beyond its actual significance Chan declared in her remarks to the board on June What could have been a quieter resolution grew far beyond its actual significance This situation unnecessarily became a storm The board then discussed a complaint Chan filed against Young on May alleging that the board president was motivated by anti-Asian bias and retaliation for Chan being a whistleblower The complaint is being handled by Gomez who disclosed she would like to pursue mediation Young noted she was shocked to receive the complaint but declared she would fully cooperate with Gomez as she attempts to reconcile the divisions on the board Young reported she hopes an upcoming retreat with her colleagues on the board would refocus the board s need for collaboration on the district s primary responsibility of delivering services to EBMUD s million customers Mediation is an opportunity to listen systematically to acknowledge any harm and to work toward solutions that rebuild trust and restore collaborative working relationships Young revealed Our responsibility is to make sure that all complaints including this one are investigated thoroughly and fairly in accordance with district policies