Vice Mayor Ken Bukowski Dodges Censure Vote

Bukowski Brings “Disrepute” to City,
Says Council Member Ruth Atkin

by Marc Albert and Tracy Schroth

A resolution aimed at censuring embattled Vice Mayor Ken Bukowski ended up going nowhere when Council Member Ruth Atkin withdrew the resolution she had introduced at the City Council’s Jan. 20 meeting. The strongly worded resolution criticized Bukowski for bringing “disrepute” on the city in general and the City Council in particular. The censure sought to publicly condemn Bukowski’s actions and invite “the reaffirmation of his oath of office and commitment to govern his activities as an elected official … in full compliance with … all laws of the State of California and the City of Emeryville.”

Atkin’s resolution offered up a laundry list of recent offenses by Bukowski, including:

• Failure to pay business license tax on his Doyle Street rental property.
• Disclosure to the public of confidential closed-session items discussed by the City Council. There is speculation that the disclosure had to do with the firing of a city staffer who alleged that the firing was racially motivated. Bukowski sided with the employee, publicly criticizing the handling of the case by then City Manager John Flores and City Attorney Mike Biddle. The city ultimately settled the case for $3.6 million.
• Failure to file the necessary campaign finance reports between October 2003 and 2006, “despite repeated reminders and requests from the City Clerk’s Office and referral to the Fair Political Practices Commission.” Bukowski has since been fined by the Fair Political Practices Commission, according to the resolution.
• Soliciting and obtaining personal loans from individuals that exceed limits and terms set by the Political Reform Act and not repaying at least one of those loans. It was disclosed at a public meeting several months ago that Bukowski received a loan from Emeryville developer Francis Collins.
  
• Entering into a consulting contract with Paxio, Inc., an Internet service provider that also has a contract with the city to supply services, and failing to disclose that consulting agreement to his fellow City Council members.
  
• Participating in and influencing decisions of the City Council regarding Paxio while on Paxio’s payroll.

Bukowski has “flouted and violated the law governing his activities as a local business owner and as a member of the office of the City Council on several occasions,” the resolution said, noting that “these violations are not limited to an isolated incident and have brought disrepute to the City of Emeryville” and the City Council. The resolution went on to say that the Council has “grown weary of Council Member Bukowski’s pattern of violating the law, followed by promises of reform once violations have been publicly exposed, and thereafter followed by further violations after some period of relatively ‘good behavior’ … “

But after about 20 minutes of discussion at the Council’s Jan. 20 meeting — during which Council Member Nora Davis accused Atkin of introducing a “self-serving” resolution — Atkin withdrew the resolution, preventing a vote.

Bukowski declined to comment for this story.

As readers of The Secret News know, Bukowski is no stranger to controversy. In addition to the offenses listed above, he recently fell behind on his property taxes for one of the two structures on his Doyle Street property to the tune of $1,719.56. In addition, despite repeated notices from the city for health code violations at that same property, Bukowski failed to clean it up, ultimately requiring the city to do so (at taxpayer’s expense).

Finally, the Vice-Mayor is being sued by the widow of Michael Smela, a Novartis security guard and former San Francisco police officer, who was struck and killed by Bukowski’s vehicle minutes after Bukowski drove away from a community meeting at the Novartis complex on Hollis Street alittle more than a year ago. That suit is pending.