McKibben, the former executive director of the Oakland Alameda County Coliseum Authority, sought a $50,000 payment for helping negotiate a settlement for the Coliseum naming rights with RingCentral, according to a probable cause statement by District Attorney Inspector Thomas Cleary.
The Coliseum Authority's board voted unanimously on May 31 to approve an agreement calling the stadium the Ring Central Coliseum in a deal that called for the company to pay $1 million a year for the three years and gave it the option to renew the deal for a fourth year.
But the naming rights deal is now being renegotiated in the wake of the allegations against McKibben, who resigned from his post last Aug. 3.
The District Attorney's Office began investigating McKibben last Aug. 16 after the Alameda County Counsel and the Oakland City Attorney's Office became aware of possible violations of government codes and contacted the office.
RingCentral did not pay McKibben the fee after prosecutors notified them of the potential conflict of interest.
At McKibben's brief hearing on Friday Alameda County Superior Court Judge Delia Trevino ordered McKibben, who's out of custody on his own recognizance, to return to court on Feb. 11 to enter a plea and to get booked, fingerprinted and photographed in the meantime.
But McKibben's lawyer Michael Rains said after the hearing that he has already had discussions with the District Attorney's Office about reaching a resolution in the case "sooner rather than later."
Rains said McKibben "is truly sorry to be in this position" but didn't think he was doing anything improper in seeking a fee to negotiate the deal.
Rains, who is well-known for representing police officers accused of wrongdoing, said McKibben offered to negotiate the naming rights deal because the firm that normally represented the Coliseum Authority in naming rights deals didn't want to participate.
The defense attorney said McKibben "was upfront from the beginning" in telling RingCentral and the Coliseum Authority that he was negotiating as an independent contractor and not as a member of the Coliseum Authority.
Rains said McKibben assumed that the authority knew that he would be seeking a fee for his service if the deal was consummated but said, "That's an assumption that in retrospect he shouldn't have made."
Rains said the deal that McKibben negotiated represented the highest naming rights net payment ever for the Coliseum and his fee would have been paid by RingCentral, not the Coliseum Authority.
He said if the company that normally represented the authority had finalized a similar deal it would have asked for a $250,000 payment from the authority.
Rains said, "No good deed ever goes unpunished."
Rains said McKibben hasn't previously been in trouble with the law except for a speeding ticket and being charged criminally "has been a shock and an embarrassment to him."
In other news
* The new BART police chief began his tenure last Friday amid an announcement about new strategies to increase police presence on trains and reduce crime on the transit system.
Newly appointed Police Chief Ed Alvarez and BART General Manager Bob Powers will join Board President Lateefah Simon on an introductory train ride from the Powell Street station to Balboa Park last Friday morning.
They will be accompanied by a new police officer "train team," which is part of BART's push to cut down on crime and improve the rider experience, according to BART officials.
Alvarez served as interim chief since former chief Carlos Rojas retired last spring.
"Alvarez knows the system and has a vision for safety that includes short-term and long-term strategies to grow the department into a fully staffed, progressive agency servicing diverse communities," Powers said in a news release.
In response to concerns riders voiced in surveys and Powers' recent "listening tour" of the system, Alvarez will oversee the implementation of several strategies to make BART safer.
Starting Monday, a new team of 12 police officers are riding trains in pairs and walking station platforms on nights and weekends, according to BART officials.
This is in addition to the unarmed "ambassadors" who will begin riding trains on Feb. 10 and whose mission is to "prevent and de-escalate problems" on trains, according to BART.
The new chief will also evaluate staffing in order to determine if it's possible to assign some officers to remain at key stations during their shifts as opposed to working roving patrols throughout the system.
Also, in part to deter cell phone thefts -- especially between Balboa Park and Powell stations -- BART plans to increase officer "visibility and engagement with riders," BART officials said.
Alvarez has worked in the BART Police Department for 22 years and grew up in Newark. He says his goal is to "improve engagement between BART police and the public through increased outreach and accessibility," BART officials said.
* Two Clayton men are facing multiple burglary charges, including for crimes in Alamo, after their arrest last week while in possession of stolen property, according to a Contra Costa County Sheriff's Office spokesman.
James Lipston, 57, and Devaughn Cooper, 25, were arrested just before noon Jan. 8 while leaving a home near the intersection of Kaitlin Place and Court Lane in Concord, according to sheriff's spokesman Jimmy Lee.
Investigators believe the men are responsible for at least six residential burglaries in Alamo and Orinda. They are being held at the Martinez Detention Facility and are facing five counts each of first-degree residential burglary.
Detectives launched an investigation after they were able to connect a burglary in Orinda to a break-in in Alamo and on Jan. 7 they began surveillance of the two suspects, Lee said.
Investigators found "a large amount of stolen property" during searches of the men's vehicles and homes and believe the pair might be responsible for other burglaries, as well, Lee said.
Cooper's bail was set at $250,000 and Lipston, who is on parole, is being held without bail, Lee said.
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