Public Comment

Berkeley’s Proposed Whistleblower Program

Isabelle Gaston
Tuesday May 30, 2023 - 02:13:00 PM


On June 6th, City Council will vote on a Whistleblower Program. The goal of the program is a “more accountable Berkeley government through the prevention and investigation of suspected fraud, waste, and abuse.”

The author of the item, which appears on the consent calendar, is City Auditor, Jenny Wong. It is co-sponsored by Mayor Arreguin; and Councilmembers Kesarwani, Harrison, and Wengraf.

To implement the program, the auditor has requested the hiring of a new employee, whose salary and benefits will cost taxpayers in the range of $219,000 to $287,000. Given the city has lost an estimated $21.4 million in revenue each year over the last 10 years due to fraud (the actual loss is unknown), the cost of a whistleblower program manager should be viewed as a wise investment.

In the item, Wong outlines an implementation plan for the program, which consists of five phases. Briefly, they are:

1. Hire a Whistleblower Program Manager (Audit Manager).
2. Determine methods and platforms for whistleblower reporting for employees and the public (which will be available 24/7).
3. Design a process for responding to and referring complaints.
4. Develop and disseminate written procedures and educational materials including how potential whistleblowers will be supported.
5. Launch program.

This is an important initiative and is long overdue. As some may remember, Ann-Marie Hogan, Berkeley’s previous auditor, detailed the “pervasive fraud” throughout the City’s ranks in a 2014 audit entitled, “$52,000 Theft: More Can Be Expected Without Citywide Changes in Culture and Procedures.” 

According to Hogan’s audit, the theft likely represented “only a fraction of the money stolen.” Thousands of dollars were also documented missing from a concession stand at the Tuolumne Camp store, and lesser amounts at James Kenny Recreation Center, Frances Albrier Community Center, and Willard Pool (which no longer exists). 

More recently, at the May 23rd Council meeting, concerns about cash transactions at the transfer station and the cameras at that location were raised during discussion of the Surveillance Ordinance. Mayor Arreguin and Councilmembers Harrison, Hahn, and Bartlett voted to delay taking action after listening to SEIU’s comments about not being consulted about the camera policy. However, the other council members, including Terry Taplin, agreed that cameras at municipal facilities should be separate from those for public safety and argued that a 3-week delay was not needed.  

Councilmember Taplin’s sense of urgency and frustration was palpable. His description of shootings outside his mother’s window and living in three gunfire corridors was compelling and painful to listen to. The delay of this item was irresponsible given the current level of crime on our streets, especially in West Berkeley. 

Unrelated, but also on the June 6th agenda, is the Bird Safe Ordinance. Please email your support of this item to council@cityofberkeley.info.