ONN – Oakland Coliseum JPA To Reform RingCentral Naming Rights Deal At January 2020 Meeting
Oakland (from a distance) – The RingCentral Naming Rights Deal deal struck by now-former Oakland-Alameda County Coliseum Joint Powers Authority (Coliseum JPA) Executive Director Scott McKibben is being restructured and reformed as this is written. The final deal will be presented to the Coliseum JPA Board of Directors at its January 17th, 2020 meeting (this Friday).
The original RingCentral Naming Rights Deal was done by Scott McKibben with the approval of the Coliseum JPA Board of Directors. However, the same Coliseum JPA Board of Directors said it did not know about McKibben’s request for a $50,000 payment (on a total $4 million deal); McKibben has said he did not know such a request was a violation of what’s called Section 1090 of the California Government Code – a code that prohibits conflict of interest actions.
In Scott’s defense, the fact that the Coliseum JPA Board of Directors approved of Scott as the person doing the deal, rather than a marketing company, automatically placed him in a conflict of interest position without him knowing it. Because of this, McKibben’s defense has been, to a large degree “entrapment by estoppel“.
The definition of “entrapment by estoppel” is “affirmative defense known as entrapment by estoppel. Such a defense is available when a government official has actively misled a defendant into a reasonable belief that his or her charged conduct is legal.” In Scott McKibben’s case, the Coliseum JPA Board officially approved Scott McKibben to land the RingCentral Deal, and did so in way that effectively matched Scott’s true title: consultant. For his part, McKibben had no idea that his actions at any point were not legal – that’s what he told me months ago.
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