Tuesday, January 27, 2015

San Jose City Official Violates Code of Ethics Regarding Social Media Use

Can you spot the problem?

Wow, this screenshot says it all!  It tells me that Ms. Adams Hapner has forgotten the principles public officials live by.  You don't get your public affairs mixed up with your private ones.  If you are a public employee either have an open public Twitter account or keep your account private and take out the mention of what your position is.

According to the City of San Jose's Director of Communications, David Vossbrink, Ms. Adams Hapner's Twitter account is private and she can choose her Twitter followers as she pleases (i.e. discriminate).  However, there is a big problem with the "personal account" argument because Ms. Adams Hapner, who is an employee of the City of San Jose, would be getting paid to Tweet about all the things her Office is involved in, but because the account is personal then all her work-related Tweets would be for personal gain and not open to public scrutiny.  This ultimately doesn't even comply with the City's own Code of Ethics Policy.  Never mind the fact that you'll find her Twitter address published in various places, as if it were meant for the general public to use:
http://convention.artsusa.org/presenters/profile/kerry-adams-hapner (link mysteriously deactivated after this post, city denies involvement)
http://www.americansforthearts.org/events/webinars/the-arts-and%E2%80%A6arts (link mysteriously deactivated after this post, the city denies involvement) 
http://www.arts.ca.gov/blog/blogdetail.php?id=11 (this link found on 6/11/15, and to the City of San Jose, I have already contacted the WHIEEH and their general council to let them know to not honor any request you make in deactivating or editing the information found on the following link.  Why?  Because you will find Kerry Adams Hapner has approved the publication of her Twitter handle, @KAdamsHapner, on page 34)

And what's this "Opinions My Own" garbage?  I guess the part of the City of San Jose Code of Ethics that states, "City officers and employees must be independent, impartial and responsible in the performance of their duties and accountable to the members of the public" is optional and not meant to be taken seriously.

So far the City has taken no corrective action step regarding Ms. Adams Hapner's online misconduct. She is free to continue discriminately choosing who gets access to her Twitter account.

Not too long ago it was open for anyone to read.  Here is a look at what you'll now be missing out on:

Engaging Dialogue:

Creative Placemaking #SFfedCP How do we raise the ante so the #future is dramatically better? #communitydevelopment #creativeplacemaking

 Grant Ideas:

Links to Articles Concerning her Role as Director:
"After the Rep" Forensics & the Future; My & Connie Martinez's Op Ed http://www.mercurynews.com/opinion/ci_26324720/after-rep-hammer-theatre-center-will-again-be  @svcreates @mercnews @sjeconomy #SJarts #SanJose

Here's a screen shot of some of her "public" Tweets:

Saturday, January 24, 2015

The Santa Clara County Wage Theft Coalition Rallies Outside Crazy Buffet

Yes, the law enforcement knew in advance of our rally.

Crazy Buffet has 21 outstanding wage theft judgments and the Coalition was there today to demand they pay!

UPDATE June 2, 2015
Crazy Buffet has officially closed.  Unfortunately, this is not ultimately what the Santa Clara Wage Theft Coalition would like to see.  Crazy Buffet has 21 unpaid wage theft judgements totaling over 2 million dollars.  Businesses should not feel like the only option to NOT paying a wage theft claim is to close business.  What they should be feeling is that the ONLY option is to NOT engage in wage theft to begin with.  The workers of Santa Clara County deserve better!

Friday, January 23, 2015

Join Me and the Santa Clara County Wage Theft Coalition in Sunnyvale Saturday 1/24 制止瘋狂布斐(Crazy Buffet)薪資盜竊!

I'll be joining with members of the Santa Clara County Wage Theft Coalition on Saturday, January 24th from  11:30am-1:00pm for a rally and press conference to help raise public awareness of the long standing practice of wage theft by the owners of Crazy Buffet.

Yes, I'll be wearing my Wage Theft Wedding Dress and my Hashtag Shall.  I'd like to extend a welcome to anyone who wants to wear a wedding dress to attend!  Wage theft is not a commitment, it's a CRIME!

制止瘋狂布斐(Crazy Buffet)薪資盜竊!

星期六, 1月24號, 2015
上午11:30 - 晚上1點


Thursday, January 22, 2015

The San Jose Museum of Quilts & Textiles has a new Interim Director

Let's all welcome Joan Phillips to her new position as the Interim Director of the San Jose Museum of Quilts & Textiles.  Joan has prior experience of being the Executive Director of another bay area arts organization. You might think you are safe to assume that she should know the importance of maintaining compliance standards with all the various grants the Museum receives.  Well, you are wrong!

Her first day as Interim Director (the previous director resigned amid a wage theft and labor law violation investigation) was this past Monday, January 19th.  Sadly, on her first day in charge the Museum, for which she is accountable for, engaged in a behavior that earned them a complaint with the Department of Fair Employment and Housing.  Yes, the Museum has a duty to their granting agencies that there are certain rules they must play by and discrimination is a foul move.

It was on the 19th that I posted to Twitter that the San Jose Director of the Office of Cultural Affairs discriminated against me by blocking me on Twitter (see previous blog post) and Joan must have gotten the grand idea that she would do that, too (the Museum is fully aware of my blog and Twitter posts).  However, blocking me on Twitter runs afoul of the Unruh Act (Are Social-Media Sites Places of Public Accommodation? State Law and Unruh Act Considerations).

Joan, I am so sorry you do not like my stance against wage theft in the arts, but let's face the fact that wage theft in ANY industry is wrong.  At the same time you can't silence voices of those you don't agree with.  The Museum's Twitter account is an extension of the Museum and you wouldn't kick people with political views you don't agree with out of the Museum, would you?

So, a big round of applause to you and the Museum, Joan!

Monday, January 19, 2015

San Jose City Official uses Twitter to Silence Voices and Discriminate

Please let the City of San Jose's Director of the Office of Cultural Affairs, Ms. Kerry Adams Hapner, know that if she is going to choose to make her Twitter account a public forum then she CAN NOT block the voices of the public just because she does not like the message they share.

Ms. Adams Hapner did not want to listen to my requests to help end wage theft in the arts and blocked me from being able to either read or respond to her Tweets related to official city business.

I have sent a letter of complaint to various offices.  Earlier today I emailed the City Manager and was informed, "City staff will review your e-mail and when necessary, will follow up with you regarding any questions or concerns you may have.  The City of San José is committed to open and honest government and strives to consistently meet the community’s expectations by providing excellent service, in a positive and timely manner, and in the full view of the public."


Email:  kerry.adams-hapner@sanjoseca.gov
Twitter: @kadamshapner
Web:  http://sanjoseculture.org.p11.hostingprod.com/?pid=11100

1/21/2015 UPDATE:
The City says that Ms. Adams Hapner's Twitter account is a personal one and, therefor, she can block whomever she wants.  So, I want you all to know that she gets paid a lot of money to sit around and post personal messages to Twitter all day!  Nice!  If that's the case then it is a misuse of government property and time, but  it's not the case.  No, her actions are nothing short of discriminatory and she is in violation of both the Unruh Act and the California Public Records Act.

But you can read for yourself:
Web-Based Communications Policy for the City of San Jose
She can delete the comment, but not the one making the comment.

Sadly, Ms. Adams Hapner's actions tell a much deeper story of how difficult it is for one to even approach their local representatives and discuss the issue of wage theft.  She basically told me to get over being a victim of wage theft in the arts.  To me that is unacceptable.

Friday, January 9, 2015

A Fond Farewell to you Christine, I will Always Remember...

  • How my work computer was not scrubbed of the previous employee's resignation letter.
  • Your absolutely disgusting story you told about taking styrofoam pellets that resembled Cheetos, painting them a "Cheetos" color, and then leaving them out in a bowl for your co-workers to eat.  You laughed hysterically while telling me this horrifying story.
  • You getting mad at not knowing how to look at the "stamp sign-out sheet" to see how postal stamps were being used and telling me that if you didn't find out how the stamps were used you would take that money out of my paycheck.  A co-worker confirmed that you had made similar threats to other past employees.
  • Our first encounter.  No, our first encounter was not during the job interview process.  You may not remember, but I do.  It was at the 2012 PIQF (a regional quilt show for those of you who don't know).  You sat at the museum's table ready to engage people in becoming involved with the museum.  It was strange though.  I was the only person standing in front of you for a good 5 minutes and you didn't make eye contact with me, try to engage me in conversation, or even ask if I was interested in becoming a volunteer or member.  Nothing!  You went to a quilt show and as Executive Director you sat there and did nothing.
  • You getting mad at me for complaining about working more hours than what I was being paid and the retaliatory action you took as a result.  Yes, and this all was a result from emails you demanded I answer during my non-work time.
  • How you repeatedly told staff that you didn't want to "manage people" and how you wanted to fully concentrate on fundraising.  That's admirable, but if what you want to do is fundraise then you should seek employment as a fundraiser and not as a director.
  • Your absolute resistance at addressing the realities of me getting my legally required lunch and rest breaks.
  • Having the opportunity to talk to previous employees at a special museum gathering and learning that you have a history of engaging in labor law violations.
  • How you expected me to have my rights violated and go away quietly when I was no longer of any use to you.

Thursday, January 8, 2015

Executive Director Announces Departure

The Executive Director of the San Jose Museum of Quilts & Textiles is stepping down from her position even before any judgments in my wage and labor complaints have been passed.

Friday, January 2, 2015

So You Want to be an Executive Director?

FYI I have called the San Jose Labor Commissioner's office again this morning and my case is still waiting to be finalized.

However, I would like to mention one thing that I find perplexing:
My former employer responded to my wage theft claim in a way I just don't understand.  They claimed that their name is something that it is not.

In the paperwork they submitted to the wage claim officer in the first meeting they said that they are the American Museum of Quilts and Related Arts of San Jose and they are Doing Business As the San Jose Museum of Quilts & Textiles.  Okay, so if that is their legal name then I should be able to find it on this website: CA Business Lookup and this website: Santa Clara County DBA Lookup.

Alas, no, they are not the American Museum of blady blah.  That is an old name no longer in use.   Maybe the director didn't know that if whatever business name you choose to call yourself then you have to register with the state.

Ultimately, it looks ridiculous that an Executive Director would not know what the actual legal name is of the organization they are running.  The only thing more ridiculous is being an ED who outright refuses to comply with the wage and labor laws.