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Woodfin Appeals City Manager’s Decision; Council Schedules Special Session to Hear Arguments

John VanLandingham
The Emeryville Connection Staff
August 2007

City Council members late Tuesday night (July 17) agreed to hold a special hearing on the Woodfin Hotel’s appeal of City Manager Patrick O’Keeffe’s ultimatum to restore fired workers and pay them back wages or lose its operating permit.

The hearing to determine whether the hotel must obey O’Keeffe will be held at 7 p.m., Aug. 27 at the council’s chambers.

The decision came in the last hour of a lengthy council meeting that saw some residents, hotel workers and a businessman express their concern about happenings at the hotel where workers and their supporters have been demonstrating. Many of the citizens’ comments focused on conduct of the demonstrators.

Police Chief Ken James promised to investigate businessman Bob Hughes claims that twice he was confronted physically by demonstrators at the hotel and that, on one occasion, a police officer he called refused to take a report, saying he had been instructed “to look the other way.”

O’Keeffe in mid-June ordered the hotel to pay $31,500 in penalties to the city, and about $125,000 in back wages to several dozen immigrant housekeepers under the so-called “living-wage” measure.

Failure to comply could cost the hotel chain its permit to operate in Emeryville, according to a letter from O’Keeffe to hotel officials. Such closure would cost the city $80,000 monthly.

Immigrant workers, fired by Woodfin in April, have been appearing regularly at City Council meetings asking that the council enforce Measure C and apply pressure to have them reinstated. Three council members—Ken Bukowski, John Fricke and Dick Kassis—announced at the July 17 hearing that their impartiality had been questioned and they wanted it known they had not reached any conclusions on the appeal.

Woodfin General Manager Hugh MacIntosh told the council at previous meetings that the hotel management repeatedly asked the workers for documentation confirming their eligibility to work in the United States and that the workers never complied. Finally, he said, the hotel had to terminate them because to keep them on the payroll would be illegal.

The July 17 discussion on whether to reject or grant Woodfin’s appeal or to set a special hearing began with City Attorney Michael Biddle holding up a binder more than six inches thick with documents relating to the hotel. He also pointed at two large boxes of documents on the floor next to his desk saying they were filled with documents presented by Woodfin.

Biddle argued that Woodfin’s appeal should be rejected but recommended that the council hold a special meeting devoted only to that subject. He accused the hotel of refusing to produce requested documents as required by Measure C so the city could determine if the hotel was complying with its mandates.

Hotel attorney Bruno Katz of San Diego aggressively presented the council with arguments why the hotel’s appeal should be upheld.

Katz argued that the city was violating state law and that Measure C only required hotels to state the names and pay scales of workers and state if they were receiving any benefits.

“Give us a fair shake. Look at the (Measure C) regulations and see if they comply with state law,” he said.

“We asked (the city) many times how do we comply? How do we measure the rooms? How do we get a permit? We got nothing but silence,” he said.

Katz also wants EBASE (East Bay Alliance for a Sustainable Economy), a supporter of the workers and Measure C to be excluded from the hearing, claiming it has no standing in the dispute.

John VanLandinham is a writer for The Emeryville Connection. If you have a question or comment, please contact him at ecocnews@gmail.com