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Workers & Environmentalists Demand BAAQMD Executives Be Prosecuted For Destroying Records

by Labor Video Project
Workers and environmentalists called for the investigation and prosecution of BAAQMD executives and top managers for retaliating against Michael Bachmann, mangers for records and Sarah Steel for their reporting the destruction of critical records.
sm_baaqmd_corrupt_bosses_fired_workers3-1-17.jpg
Workers & Activists Demand BAAQMD Executives Be Prosecuted For Destroying Records & Illegally Retaliating Against Agency Whistleblowers

At a board meeting of the Bay Area Air Quality Control District on March 1, 2017, workers, environmentalists and whistleblowers demanded that there be a criminal investigation of the executives and lawyers of the Bay Area Air Quality Management l District for conspiring to bully, intimidate and terminate Documents Manager Michael Bachmann and document protection worker Sarah Steele. They discovered that their managers and executives were conspiring to destroy important documents that would allow companies like Chevron, Shell, Tesoro and Pacific Steel Casting. The destruction of these documents would allow the agency to lower fines and limit the liability of these corporations for illegally releasing toxic materials into the air.

This cover-up of criminal conspiracy to destroy documents and retaliate against Agency workers who blew the whistle requires an independent investigation by the California Attorney General Bacerra who has responsible for oversight of this regional agency.

For additional media:
https://youtu.be/QuMHn1FqDAE
http://www.mercurynews.com/2017/03/01/critics-seek-state-probe-of-air-districts-alleged-destruction-of-records/
http://www.dailycal.org/2017/02/22/whistleblowers-file-claim-bay-area-air-quality-management-district/
http://www.eastbaytimes.com/2017/02/22/whistleblowers-mystery-file-cabinet-dumped-boxes-of-pollution-records-part-of-air-regulators-document-destruction/
http://www.sfchronicle.com/bayarea/article/Ex-air-quality-workers-say-district-illegally-10949383.php
http://sanfrancisco.cbslocal.com/2017/02/22/former-bay-area-air-quality-agency-workers-file-whistleblower-claim/
http://www.berkeleycitizen.org/Pacific%20Steel/pacific8.htm

Production of Labor Video Project
http://www.laborvideo.org
§BAAQMD Crimes
by Labor Video Project
sm_baaqmd_crimes.jpg
The top executives and managers of BAAQMD were involved in a criminal conspiracy to retaliate against agency workers Michael Bachmann and Sarah Steele who exposed the destruction of protected records of pollution control violations.
§Environmentalist Franciso Da Costa Calls For Accountability
by Labor Video Project
sm_da_costa_francisco_baaqmd3-1-17.jpg
Hunters Point Bay View environmentalist activist Francisco Da Costa spoke for accountability of the executives of BAAQMD
§Dr. Ahimsa Porter Sumchia Supported Whistleblowers
by Labor Video Project
sm_porter_sumchai_ahimsa_dr_baaqmd3-1-17.jpg
Dr. Ahimsa Porter Sumchia has fought for the protection of the Hunters Point-Bayview residents. She reported on the failure of the agency to properly protect the residents of BAAQMD.
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by Dr. Larry Rose
rose__larry.jpg
Statement To BAAQMD For 3/1/17 Board Meeting By Dr. Larry Rose

The fixed industrial sources of air pollution in the Bay Area refineries such as Chevron Shell, and Tosco have been well known by the BAAQMD for many decades.

The catastrophic 2012 fire and explosion at the Richmond Chevron refinery demonstrates the abject failure of BAAQMD to capture any of the toxic black smoke levels of pollution during that Richmond emergency community tragedy. independent monitoring information from the agency's monitoring system failed to record the obvious high levels of pollution.The black smoke from the fire-explosion went thousands of feet into the atmosphere and dispersed over a vast areas of the Bay Area counties. Complaints of severe upper respiratory reactions were felt in all of the adjacent Bay Area Counties. In the city of Richmond over 15,000 people sought professional medical attention for acute respiratory reactions. The response of the BAAQMD shortly after this shocking event was that they failed to find significant levels of health endangering pollutants recorded among their various monitoring equipment devices. Since that event the failure of a well developed improved effective air quality monitoring program has not been implemented or developed by the BAAQMD for refineries.

The vertical and horizontal pollution emissions of these refineries is increasing not decreasing due to the importation and refining of low quality highly volatile tar sand bitumen oil from Canada and mixed with highly volatile Baaken oil from North Dakota.

The 2012 Chevron corroded pipe leak and subsequent fire and explosion was in a refining unit that was processing these low quality high sulphur oils. The workers on site had to run for their lives, and some got burned. During the early phases of the gaseous leak they were not told to shut the unit down.

The only way these public health threatening increased levels of pollutant emissions can be controlled is by enforcing a cap on the allowable level of these pollutants for each refinery. It is obvious that an effective accurate capturing of all of the vertical and horizontal emission releases by each refinery 24/7 is required. Of course first each refinery BAAQMD must be responsible for implementing the system, and permanently storing the data recorded. Therefore the upper management directors at the BAAQMD, such as Attorney Brian Burger, and Executive Director Jack Broadbank must immediately require present the Board of Directors with a plan to each refinery to develop and implement a complete, technologically effective monitoring program. Air quality monitoring close to industrial sources and maintaining records should be a primary responsibility of BAAQMD.

Allowable Ambient air levels of particulates (pm 2.5), and carcinogenic polycyclic aromatic hydrocarbons, heavy metals, and other highly toxic pollutants must be accurately recorded, Accumulated data will can then be used to set update enforceable caps on each refinery's emissions. This data must be developed stored and analyzed by an independent government agency responsible for protecting public health. This agency, with oversight by the agency BAAQMD Board of Directors must be responsible for overseeing this monitoring program. The foot dragging by the BAAQMD Senior Staff on these policies that clearly shows favoritism toward these corporate sources of refinery pollution must stop and the mission of the BAAQMD must be reestablished to protect and improve the air quality for the public health benefit of all of us.

Lawrence Rose M.D., M.P.H.,, Occupational Environmental Medicine, retired Chief of the Medical Unit of Cal/OHA for 28 years. larryrosemd [at] sbcglobal.net



BA Air Quality District BAAQMD Bosses Fire Workers For Exposing Illegal Destruction of Records

https://youtu.be/QuMHn1FqDAE

Two Bay Area Air Quality Management District employees Michael Bachmann who was a manager of records at the agency and Sarah Steele a contract employee who was also working on retention of documents charged at a press an Oakland press conference on February 22, 2017 that they had been bullied, retaliated against and fired for exposing the illegal destruction of agency documents that are required to be maintained for a record of the violations of air pollution by corporations. They said that they had tried to stop the destruction of the documents but that the agencies top managers has been engaged in destroying compliance records and settlement agreements for air pollution control violations by major companies like Chevron, Shell, Tosco, Pacific Steel Casting and many other companies.

According to their lawyers, BAAQMD destroyed regulatory documents, notices of violation, enforcement records and flare reports for refineries in the East Bay and microfilms in cabinets were dumped as well.

Bunger, Legal Counsel Bill Guy and Director of Enforcement Wayne Kino according to the the complaint ordered Sarah Steele to return the documents from the file cabinet to an unsecured room in the old headquarters, according to the claim. The documents then were disposed of even though they were critical to many continuing cases and history of these company's violation of air quality laws.

Bachmann and Steele both said they were concerned with protecting the health of people in the bay area and the disposal of documents was not only a violation of the law and policies but put the health of the bay area in jeopardy.

Attorneys for Steele and Bachmann also released a set of records from 1990-91 involving Tosco refinery, which is now owned by Tesoro, that were saved by the pair. It shows a list of penalties against Tosco, including a $1,000 penalty reduced to $750 that involved an “excessive visible emission” at the acid plant. Major bay area polluters have been able to significantly reduce their fines if there is no record of previous violations and this organized destruction of documents was allowing these companies to limit their liability for violating air quality control standards over many decades.

Attorney J. Gary Gwilliam also said that these documents were required for court cases and settlement agreements and this made them protected documents that must not be destroyed. He also reported that an alleged "independent investigation" by the Agencies management done by San Francisco attorney Emily Prescott had been biased against the whistleblowers and was a continued cover-up of the destruction of documents.

The BAAQMD are still denying that they destroyed documents in a statement.

http://www.baaqmd.gov/~/media/files/communications-and-outreach/publications/news-releases/2017/2017-019-22117-pdf.pdf?la=en
According to one of the whistleblower's attorneys Alison Carp, the board members of the BAAQMD are politicians from throughout the bay area and some were aware of these serious problems over the past two years. She also said they are in discussion with government agencies for possible investigation and prosecution for criminal destruction of legal government documents. The California Attorney General Becerra is responsible for investigating and prosecuting officials who violate the law at independent agencies such as the Bay Area Air Quality Management District.

Bachmann and Steele's lawyers announced that they were filing a complaint for illegal retaliation for being a whistleblower and also were filing other complaints against the agency.

Additional media:
http://www.dailycal.org/2017/02/22/whistleblowers-file-claim-bay-area-air-quality-management-district/
http://www.eastbaytimes.com/2017/02/22/whistleblowers-mystery-file-cabinet-dumped-boxes-of-pollution-records-part-of-air-regulators-document-destruction/
http://www.sfchronicle.com/bayarea/article/Ex-air-quality-workers-say-district-illegally-10949383.php
http://sanfrancisco.cbslocal.com/2017/02/22/former-bay-area-air-quality-agency-workers-file-whistleblower-claim/
http://www.berkeleycitizen.org/Pacific%20Steel/pacific8.htm

Production of Labor Video Project
http://www.laborvideo.org
laborvideo(at)labornet.org



Labor Lawyer J. Gary Gwilliam On BAAQCD Whistleblowers, UC Outsourcing And Worker Rights

https://youtu.be/W9cbCtKBlkQ

Labor employment lawyer J. Gary Gwilliam talks about the whistleblowers he is representing at the Bay Area Air Quality Control District who have been bullied and fired for whistleblowing about the destruction of government documents of violations by refineries and other toxic polluters in the Northern California. He also discusses the discriminatory firing of hundreds of workers by Bechtel after it took over the operation of UC Livermore National Laboratories. They targeted senior workers to make more profits on the outsourcing and privatization. This interview was done on February 25, 2017 in Oakland, California by WorkWeek Radio.

Additional media:
https://youtu.be/QuMHn1FqDAE
http://www.dailycal.org/2017/02/22/whistleblowers-file-claim-bay-area-air-quality-management-district/
http://www.eastbaytimes.com/2017/02/22/whistleblowers-mystery-file-cabinet-dumped-boxes-of-pollution-records-part-of-air-regulators-document-destruction/
http://www.sfchronicle.com/bayarea/article/Ex-air-quality-workers-say-district-illegally-10949383.php
http://sanfrancisco.cbslocal.com/2017/02/22/former-bay-area-air-quality-agency-workers-file-whistleblower-claim/
http://www.berkeleycitizen.org/Pacific%20Steel/pacific8.htm

Production of
Labor Video Project
http://www.laborvideo.org
“Whether or not you agree with the charges, there should be an outside independent agency to look into this,” said Steve Zeltzer, of United Public Workers for Action, a network of labor groups, unions and community groups. “These are serious allegations.”


By DENIS CUFF | dcuff [at] bayareanewsgroup.com
PUBLISHED: March 1, 2017 at 12:25 pm | UPDATED: March 1, 2017 at 4:43 pm

SAN FRANCISCO — An alliance for workers called Wednesday for the state Attorney General’s Office to investigate claims that the Bay Area’s air district destroyed records about industrial pollution.

At a public meeting of the Bay Area Air Quality Management District Board, eight speakers urged board members to ask state investigators to probe claims by two district workers that they were fired for blowing the whistle about destruction of records on enforcement against pollution violators, including oil refineries.

District managers have repeatedly denied the allegations, and said the agency kept electronic copies of the same records that the agency is accused of destroying.

But the denials didn’t satisfy several worker rights advocates.

“Whether or not you agree with the charges, there should be an outside independent agency to look into this,” said Steve Zeltzer, of United Public Workers for Action, a network of labor groups, unions and community groups. “These are serious allegations.”

Daniel Berman, a social justice advocate and author of a 1978 book on worker safety called “Death on the Job” said that employees too often face repercussions for reporting problems.

“I hope you have the courage to restore these people,” Berman said of the fired workers.

Other speakers agreed, saying it’s not enough to trust the public agency that polices air pollution to police itself.

The call for a probe is a response to a claim filed last week in state court by former district workers, Sarah Steele, a temporary records specialist, and her boss, Michael Bachmann, former district head of information technology.

In their claim, the two said they tried to save records as the district prepared to move from its long-time headquarters on Ellis Street in San Francisco to a new regional government center across town. The workers said their efforts to save records were thwarted by top district staff, including two lawyers.

The air pollution board did not discuss the issue Wednesday in their open meeting, but held a closed-door discussion on it.

Afterward, Mark Ross, an air board member also on the Martinez City Council, said the board is barred from commenting on details of the case because it involves personnel and legal issues.

Ross also said he doesn’t like it when public agencies publicly trash and bully workers who criticize the organization.

“I wouldn’t object or stand in the way of an (attorney general) investigation,” he said, “although I have a reasonable level of confidence that what the district administration told us is true.”

The air district on Wednesday released its strongest statement yet that it did nothing wrong, and hired an outside legal firm that found no merit in the claims of illegal records destruction.

“The Bay Area Air District does not tolerate improper destruction of records and is committed to transparency,” said Lisa Fasano, a district spokeswoman. “A few such microfilm records have been misplaced, but the summary data for those violations remains available in the air district’s data system.”

The air district, a regional agency with a 24-member appointed board, regulates industrial and other non-vehicular sources of air pollution in the nine-Bay area counties.


Denis Cuff covers environmental, water, and outdoor recreation news for the Bay Area News Group.
by repost
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Bay Area Air Quality Management District Board Of Director
http://www.baaqmd.gov/about-the-air-district/board-of-directors
Board of Directors

The Air District’s Board of Directors is made up of 24 locally elected representatives from 9 Bay Area counties. Each county’s population determines the number of representatives on the Board, as follows:

• Marin and Napa: 1 representative each

• Solano and Sonoma: 2 representatives each

• San Francisco and San Mateo: 3 representatives each

• Alameda, Contra Costa, and Santa Clara: 4 representatives each
The Board has 8 standing committees that assist the District in its mission to improve air quality, protect public health and global climate.

Rules and regulations are adopted by a majority of the Board, with public hearings required before rules are changed or adopted.

Questions or comments to the Board may be sent to the Clerk of the Boards. To ensure your message is presented at the next Board meeting, be sure to send it 24 hours before the meeting starts.

Members

• CHAIR


Vice Mayor Liz Kniss
City of Palo Alto

• VICE CHAIR


Vice Mayor David E. Hudson
City of San Ramon

• SECRETARY


Supervisor Katie Rice
County of Marin


Council Member Abe-Koga
City of Mountain View


Vice Mayor Teresa Barrett
City of Petaluma


Supervisor David J. Canepa
San Mateo County


Supervisor Cindy Chavez
Santa Clara County


Mayor Pauline Russo Cutter
City of San Leandro


Supervisor John Gioia
Contra Costa County


Supervisor Carole Groom
San Mateo County


Supervisor Scott Haggerty
Alameda County


Council Member Rebecca Kaplan
City of Oakland


Vice Mayor Doug Kim
City of Belmont


Mayor Edwin M. Lee
City and County of San Francisco


Supervisor Nate Miley
Alameda County


Supervisor Karen Mitchoff
Contra Costa County


Supervisor Hillary Ronen
City and County of San Francisco


Council Member Mark Ross
City of Martinez


Mayor Pete Sanchez
City of Suisun City


Supervisor Jeff Sheehy
City and County of San Francisco


Council Member Rod Sinks
City of Cupertino


Supervisor Jim Spering
Solano County

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