"Does being a chemist mean that one is a second-class citizen? In Berkeley the answer is yes. Even though I am not accused of any misdeeds, because I am a chemist, I am judged unfit to serve on a city commission."

Gordo Stands Up for Chemists

& Tells the City Attorney to Kiss Off

Seems Gordo doesn't have a whole lot of respect for the Berkeley City Attorney's Office. And, it seems like he doesn't have a whole lot of respect for the intelligence of his fellow Berkeley citizens.

In January 2001, Gordo was a member of the Berkeley Community Environmental Advisory Commission, reviewing a variety of environmental issues, including some involving the Lawrence Berkeley National Labs. You know, lots of radioactive stuff up there. But one small problem: Gordo worked as a scientist at the Lab. So, the City Attorney's Office determined that there was conflict of interest and asked Gordo to leave the Advisory Commission.

"On the basis of Dr. Wozniak's management and scientific duties at LBNL, and the broad range of disputes between CEAC and LBNL, we concluded that the position of Senior Scientist and Deputy Division Head were incompatible with membership on the CEAC," Acting City Attorney Zach Cowan wrote in a February memo, explaining the January decision. Quoting from state law, he wrote, "a local agency officer or employee shall not engage in any employment, activity or enterprise for compensation which is inconsistent, incompatible, in conflict with or inimical to his or her duties as a local agency officer or employee or with the duties, functions, or responsibilities or his or her appointing power or the agency by which he or she is employed..."

The reasoning behind this seems pretty clear: it could be tough to be in a position judging your employer. For example, Gordo to Lab: You released too much radiation. Lab to Gordo: You're fired.

But, despite the City Attorney's request, Gordo refused to resign. In fact, Gordo even refused to recuse himself from lab-related issues. And because the city had no legal means to remove him from the commission, Gordo stayed. So much for respecting the City Attorney.

But what makes this whole affair truly bizarre is Gordo's excuse for staying: Gordo tried to paint himself a victim of a witch-hunt against chemists. As Gordo explained at a Commission meeting, "I feel strongly I should not be made a second class citizen because of my occupation." Say again? Did Gordo really say "because of my occupation," and not "because of my employer"? Afraid so.

So, either Gordo believed he was asked to resign because the city was out to get chemists, in which case Gordo is out of his gourd, or Gordo thought he could get others to believe the city was out to get chemists. Either way, not a pretty picture. Now, Gordo is a scientist at a respected national lab, so he can't be too dumb. So, I am going to go with the latter theory: Gordo wants people to think he is being attacked for being a chemist. Here is Gordo PR in a letter to the Daily Californian, "Does being a chemist mean that one is a second-class citizen? In Berkeley the answer is yes. Even though I am not accused of any misdeeds, because I am a chemist, I am judged unfit to serve on a city commission." Gordo concluded his letter with a plea for help and a dramatic rhetorical flourish, "Letting this injustice go unchallenged will chill citizen participation by scientists ….To all members of the university community who believe that scientists are full-fledged citizens and should be able to participate in public policy discussions, I request that you write a letter to [then] Mayor Shirley Dean protesting this discrimination. In the words of Patrick Henry 'If we do not hang together, we will surely hang separately.'" I wonder how many folks wrote in to the Mayor.

Eventually, the city wrote an ordinance that cleared up the matter by redefining exactly when some city commissioners have a conflict of interest due to outside employment and how to remedy the situation. The new section of the Berkeley Municipal Code states that all commissioners who are employed by any governmental entity, including employees at UC Berkeley and the Lawrence Berkeley National Laboratory, will have to recuse themselves only on agenda items that directly affect their specific job responsibilities. Again, Gordo, that is all commissioners employed by a government entity, not just chemists.