District 7 Councilmember Ken Houston is known for his colorful comments at council meetings. But Houston set a new bar a couple of weeks ago when he announced that he had filed an ethics complaint against an unnamed city official.
Houston’s remark occurred during a Nov. 4 City Council meeting, shortly after the council withdrew a proposal to award a $10.4 million paving contract for traffic improvements on 27th Street.
The council withdrew the proposal at the request of Josh Rowan, director of the city’s Public Works and Transportation Department, who said at the meeting there had been “an inappropriate effort to bid protest” that needed to be addressed. A bid protest is when a contractor who lost out on a competitive city contract lodges a protest with the city, hoping officials will reconsider.
Houston thanked his colleagues for withdrawing the item, then surprised the room by announcing he had filed a complaint with the city’s ethics watchdog regarding a comment about him “that’s not true.”
“I’m a new councilmember,” Houston said. “If I say something that is not right, or a little bit harsh, teach me. Show me. But I don’t appreciate people saying things that aren’t true to my staff.”
“The public will find out very, very soon what I’m talking about,” Houston added.
These cryptic comments mystified City Hall observers. What comments was Houston talking about?
Interviews and public records obtained by The Oaklandside reveal that Houston was talking about Rowan. The two men have been locked in a feud that appears to go back many months, but the announcement by Houston that he filed an ethics complaint marked an escalation.
Houston filed his complaint against Rowan on Oct. 30. He confirmed this to The Oaklandside but refused to share a copy of the complaint, stressing that he doesn’t want to interfere with the investigation.
Houston also wouldn’t say what his complaint is about, insisting that we contact his council aide, Trinity Hall, and City Administrator Jestin Johnson. Hall and Johnson did not respond to requests for more information.
Rowan declined to be interviewed by The Oaklandside.
Houston and Rowan have clashed repeatedly over public contracts
Five days after Houston filed his ethics complaint against Rowan, Rowan filed a complaint to the city administrator and city attorney, accusing Houston of violating the City Council’s code of conduct by making “abusive” comments that were intended “to humiliate and embarrass me.” He demanded the City Council censure Houston — a rare formal reprimand.
That same day, Nov. 4, Rowan also filed an ethics complaint against Houston. Ethics complaints go to the city’s Public Ethics Commission, which assesses whether a city official or staffer’s conduct violated city ethics rules or laws, which can lead to warnings and even financial penalties.
According to Rowan’s complaint, Houston has engaged in a “sustained pattern of interference, intimidation, and misconduct,” by allegedly trying to scuttle a parking meter operations contract in order to allow a local firm to get the job; interfering with the City Hall security contract; and improperly involving himself in a road construction contract, among other matters.
In the most recent incident, which apparently sparked the dueling ethics complaints, Rowan claims that Houston tried to help the construction firm McGuire and Hester protest the city’s decision to award a $10.4 million paving contract to a competitor. According to the complaint, Houston “publicly advocated for the protesting contractor” and his office sent Rowan’s department a copy of McGuire and Hester’s request for a reevaluation.
In an email to his boss, Rowan accused Houston of trying to “rig” the bid for McGuire and Hester.
Houston denied these allegations and said he doesn’t have any conflicts of interest with McGuire and Hester. He also said Rowan’s comments about rigging a bid amount to defamation. “He’s not getting away with this,” said Houston.
A representative for McGuire and Hester told The Oaklandside their firm respects the city’s established procedures and submitted their request to the city through the proper channels.
Rowan cited another incident that allegedly occurred just a couple of months after Houston took office. In March, the City Council awarded a nearly $8 million contract to a San Diego-based firm to maintain Oakland’s parking meters. At a Feb. 25 Public Works meeting, Houston voted in favor of the contract moving forward but asked staff if there were any local firms that could handle the work.
“I’m an advocate of local, local, local,” Houston said at the meeting.
Rowan claims that behind the scenes, Houston tried to spike the contract with the San Diego company before the full City Council voted on it. According to his complaint and email records, Houston stopped Rowan in Frank Ogawa Plaza three days after the Public Works meeting and “demanded that the contract be awarded to a local electrician.”
Rowan alleged that after he declined Houston’s direction to award the contract to a local company, Houston told him, “I’ll show you how we do things in Oakland.”
Email records show Rowan complained about this alleged incident to the city administrator in late February. He also forwarded an email from a city staffer who reported that Houston showed up in their office asking for information about the contract.
When asked about Rowan’s allegation, Houston said, “I don’t even know what the man is talking about,” and called Rowan a liar. Houston also denied approaching a city staffer about the contract, saying that when staffers call him, he tells them to go through the proper channels.
Rowan also alleged that Houston interfered in the awarding of a $45 million contract to guard city properties, including City Hall. Rowan claims Houston derailed Public Works’ plan to award the contract in order to allow a different company to get the work. He also alleged that Houston called for his termination after this incident for being disrespectful.
Houston denied ever calling for Rowan to be fired and said he doesn’t have any conflicts of interest. “I wanted to back out and get someone who was going to be responsible,” said Houston of the security contract.
Rowan claims that at some point after this incident, he had a meeting with Houston and City Administrator Jestin Johnson. At that meeting, Rowan alleges that Houston called him arrogant and said that he came into office with “bad blood” for him. Houston said he was referring to a past conflict between them that he declined to describe. Johnson told The Oaklandside he didn’t recall details from the meeting but did remember Houston calling Rowan arrogant and condescending.
In his ethics complaint, Rowan claims that Houston has violated Section 218 of the City Charter, which prohibits elected officials from directing city staff or interfering with administrative matters, including the procurement of contracts.
Houston denies he has done anything wrong and said Rowan is engaging in “damage control.” During a phone interview with The Oaklandside, Houston repeatedly called Rowan a liar who is trying to “cover his tracks.”
“He’s grabbing for straws, he’s saying things that are not true,” Houston said.
The Public Ethics Commission’s enforcement chief Tovah Ackerman confirmed that her office received Houston and Rowan’s complaints and is still doing intake and preliminary review. Once that is completed, she will determine when or if they merit investigation.
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