OAKLAND — An investigation attempting to shed more light on a March confrontation at the East Bay Municipal Utility District between Director April Chan and an Oakland community artist has led to a growing divide among board members.
Investigations of the incident were discussed publicly for the first time last week, when it was also revealed that Chan had recently 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 public,” Young said at a board meeting on June 24. “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 27, 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 asked 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 investigation’s report. Chan entered the elevator and Conway-Cornelius stood in the doorway, preventing the EBMUD director from leaving and peppering her with threats, the report said. The workplace harassment investigator found 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 8. The artist spoke during public 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 incident, 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 13, replacing her temporarily with Director Luz Gomez. Though Chan retained her position as a board member, dozens of Chan’s supporters showed up to the meeting and criticized the board for what they saw as punishing Chan for allegations that had not been verified.
The workplace harassment investigation determined that Chan had not harassed Conway-Cornelius, but was subject to threats. The equal employment opportunity investigation remains open, and the investigator is still waiting to interview Chan.
“The incident itself was brief and mischaracterized, but the reaction around it grew far beyond its actual significance,” Chan said in her remarks to the board on June 24. “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 22, 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 said she would like to pursue mediation.
Young said she was shocked to receive the complaint but said she would fully cooperate with Gomez as she attempts to reconcile the divisions on the board. Young said 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 1.4 million customers.
“Mediation is an opportunity to listen carefully, to acknowledge any harm and to work toward solutions that rebuild trust and restore collaborative working relationships,” Young said. “Our responsibility is to make sure that all complaints, including this one, are investigated thoroughly and fairly in accordance with district policies.”