City Attorney Dennis Herrera

ACCJC dismissal rebuffed, City College goes to trial for its life in 18 days

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The courtroom saga between City College of San Francisco and its accreditors reached a new milestone yesterday, as Superior Court Judge Curtis Karnow rejected the accreditors’ motion to dimiss the City Attorney’s Office’s case against the decision to close the college, yet again. 

Like Charlie Brown’s decades-long effort to kick the football from Lucy’s hands, the accreditors keep trying to get the case dismissed and they keep failing.

“This is the fourth time they’ve tried to say they’re immune (from a lawsuit),” Sara Eisenberg, lead prosecutor from the City Attorney’s Office told us. “It’s a running theme.”

The City Attorney’s Office is representing the People of the State of California (not the college directly), suing the ACCJC for what they say was an unfair accreditation evaluation. Accreditation is vital for degrees from colleges to be worth the paper they’re printed on, a process many schools go through. When the ACCJC evaluated City College and decided to rescind its accreditation, the City Attorney’s Office alleges, the ACCJC was “embroiled in a political dispute with the college,” and the team that evaluated the school were “individuals affiliated with districts and organizations” that shared the ACCJC’s political leanings.

In plain English, the accreditors stacked the deck with evaluators inclined to disagree with many of the funding choices, teaching choices, and other decisions City College administrators and trustees had made. There are other complaints related to the way the ACCJC conducted its evaluation, but suffice to say the case is multi-layered. 

In seeking to have the case dismissed, the ACCJC’s attorneys alleged communicating with the government was “petitioning activity,” that the only court legally able to discuss the case was at the federal level, and that the true liability for their decision to close the college lay with the state. Those were some mixed messages, and Judge Karnow rejected all of those motions yesterday.

We walked side-by-side with Dr. Barbara Beno, the head of the ACCJC, as she left the hearing. All she had for us was a terse, “no comment.” 

The ACCJC may not have had much luck in court on Tuesday, but Karnow issued a warning to the City Attorney’s Office as well. The City Attorney’s Office must prove there was true harm against City College of San Francisco, Karnow told Eisenberg, and the court.

“In this case,” he said, sternly, “you’re going to have to prove some harm. It cannot just be a technical violation.”

Eisenberg and her team at the City Attorney’s Office have a challenge. They must not only prove that the ACCJC violated its own rules and federal law, but that the People of the State of California suffered a specific and identifiable harm through the process of an unfair evaluation.

We asked Eisenberg how she would prove this. “I’m a little loathe to get into our strategy in advance of the trial,” she told the Guardian. “But when you don’t get a fair review of an institution, particularly a public community college, that in itself is a harm. These flaws in the process led to a potentially different outcome than they would have received (otherwise).”

“We don’t know for sure what the outcome would be if a fair process was followed,” she said. “We have a right to know that.”

Come Oct. 27, we’ll see exactly what her strategy is. And, in another treat, the once private documents governing the ACCJC’s secret processes and secret decisions around City College will be revealed as the City Attorney’s office demands discovery. 

We can’t wait.

Alerts: August 6 – 12, 2014

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THURSDAY 7

 

The Harvey Milk LGBT Democratic Club’s 2014 Dinner and Gayla

City College of San Francisco’s Mission Campus, 1125 Valencia, SF. milkdinner.eventbrite.com. 6-9pm, $40 and up. Join the Harvey Milk LGBT Democratic Club to celebrate 38 years of progressive politics in San Francisco and proudly honor our City College champions. Honorees include Congresswoman Jackie Speier, City Attorney Dennis Herrera, City College Trustee Rafael Mandelman, Student Trustee Shanell Williams, Former President AFT 2121 Alisa Messer, and Keynote Speaker and Bayard Rustin Civil Rights Award Recipient CeCe McDonald. Enjoy dinner by City College culinary program graduates and celebrate a host of other Milk Club honorees.

 

Rally for Affordability

San Francisco City Hall, SF. 2-3:30pm. Youth Movement of Justice Organizing (aka YouthMOJO) is a youth program of the Chinese Progressive Association that collected over 800 pledge cards in support of a campaign to fight for the $15 minimum wage, and the anti-speculation tax. At this rally, members will share stories about their families’ struggles to live in San Francisco. Featuring guerilla theater performances, and more.

 

FRIDAY 8

 

Book Talk with Tony Serra

Book Passage, San Francisco Ferry Building #42, SF. 6pm, free. Tony Serra, a sometimes resident of Bolinas who’s been in the news recently for defending Raymond “Shrimp Boy” Chow against the federal government, will talk about his latest book, Tony Serra — The Green, Yellow and Purple Years in the Life of a Radical Lawyer, at an event sponsored by Marin’s Book Passage (at its San Francisco location). This work is billed as “a chromatic, metaphoric autobiography” of Serra’s defense of the Black Panthers, S.L.A., New World Liberation Front, Nuestra Familia, Earth First, Hells Angels, Mafia and Native Americans, intertwined with his anti-establishment ideology. “Forgive my romanticized and self-indulgent propositions in the forthcoming pages,” Serra says of the book. “Recall that such were written at Lompoc Federal Prison camp during my incarceration for U.S. tax resistance. … Mine is not a quest for accuracy. Mine is a flight into whimsy and caprice, a retrospective twinkle in the eyes of memory: In short, confinement escapism.”

 

SUNDAY 10

 

Bay Area Civil Liberties Coalition Meeting & Documentary Screening

First Unitarian Universalist Center Chapel, 1187 Franklin, SF. bayareacivilliberties.org. 6-9pm, free. This meeting of the Bay Area Civil Liberties Coalition includes a free screening of the documentary “The Internet’s Own Boy,” the story of “programming prodigy and information activist” and Reddit co-founder Aaron Swartz. There will also be an opportunity to join grassroots efforts against mass surveillance.

Appealing to San Francisco values

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EDITORIAL When lawyers become politicians, and when those politicians assume offices where they can exercise discretion about when to appeal judicial rulings, the decision to do nothing can be as big and impactful as the decision to file a lawsuit.

Luckily for California, it is progressive-minded attorneys from the Bay Area who have found themselves in the position of advancing public policy through wise decisions about when to let rulings stand and when to challenge them. And it is our hope that Attorney General Kamala Harris remembers her Bay Area roots when making a couple of important pending decisions on appealing some high-profile recent rulings.

Harris was already weighing whether to appeal a judge’s ruling striking down teacher tenure laws (see “Pride and prejudice,” June 24) when another judge ruled that California’s death penalty is unconstitutional (see “Death sentence for executions?” Page 16).

Her opponent in fall runoff election, Republican Ron Gold, has called for Harris not to appeal the teacher tenure ruling — and he would almost certainly make great political hay of a decision by Harris not to challenge the death penalty ruling. But Harris should easily defeat this also-ran challenger in November and she should maintain the courage of her convictions in making these decisions.

We urge Harris to aggressively appeal the teacher tenure ruling and not be swayed by the judge’s fallacious argument that teacher tenure hurts urban schoolchildren. And on the death penalty, which Harris has long opposed, we urge her to help end the barbaric, expensive, and ineffective executions (which could mean appealing the recent ruling to the Ninth Circuit Court of Appeals and then not appealing a favorable ruling there, which would serve to end capital punishment in California).

That kind of selective use of the Attorney General’s Office discretion on appeals would follow in the tradition of Gov. Jerry Brown, when he was attorney general, choosing not to appeal the ruling striking down Prop. 8 and instead helping to legalize same-sex marriage.

Meanwhile, in San Francisco, we’re happy that City Attorney Dennis Herrera decided to “aggressively defend” Prop. B, which requires voter approval for projects that exceed current height restrictions on the San Francisco waterfront, against a lawsuit by the State Lands Commission.

Likely prompted by Lt. Gov. Gavin Newsom, one of three members of that commission and someone who has long been friendly to big investors and developers, this lawsuit should have never been filed — and Herrera was right to say so and pledge a vigorous defense of the measure.

The people of San Francisco and California are lucky to have Harris and Herrera in the position to make these important decisions.

It’s a trap

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joe@sfbg.com

As City College of San Francisco struggles to loosen the noose around its neck, this week its accreditors are slated to offer the college a new way out. But some skeptics are sounding the alarm: it’s a trap.

The Accrediting Commission of Community and Junior Colleges is scheduled to vote on and announce a newly revised version of its “restoration policy,” which some journalists have called City College’s salvation.

Huge CCSF Win: College Won’t Close,” one San Francisco Chronicle headline read. Bay Area TV stations and others echoed the jubilant headline, saying City College was saved. Chancellor Art Tyler told the Chronicle he would “absolutely” apply for restoration status. But many are calling the restoration policy a poor choice for the college’s future.

“Rumors of City College being saved are premature,” Alisa Messer, political director for the American Federation of Teachers Local 2121, told us.

The college’s faculty union isn’t the only one worried. A report released this month by the California State Auditor shows ACCJC has operated against its own bylaws and without full transparency in threatening CCSF’s accreditation.

“To allow community colleges flexibility in choosing an accreditor,” the state auditor’s report wrote, “the chancellor’s office should remove language from its regulations naming the commission as the sole accreditor of California community colleges while maintaining the requirement that community colleges be accredited.”

In the staid and stuffy bureaucratic language, the auditor essentially wrote the accreditor group was so dysfunctional it should be closed. The 75-plus page report scathingly tears down ACCJC staff, board selection, decisions, and policies. There are few areas in which they did not find fault.

“The report draws conclusions about accreditation without the necessary context and facts related to institutional evaluations,” ACCJC President Barbara Beno told the Guardian via email. “ACCJC is reviewed and approved by the United States Department of Education and its recognition was renewed in January 2014. That is the appropriate body to review the ACCJC’s practices.”

The DOE found many faults with the accreditors as well, but the scope of its review was limited to complaints made by the unions. The auditor viewed the accreditors in a fuller context, alleging the ACCJC decided to terminate CCSF’s accreditation “after allowing only one year to come into compliance,” while simultaneously allowing 15 other colleges two years and another six institutions to up to five years to reach compliance.

Such accusations of bias are also alleged in City Attorney Dennis Herrera’s lawsuit against ACCJC, charging CCSF was targeted with harsher penalties due to its political views.

Meanwhile, a closer look at restoration status shows it’s less like a lifeline and more like a tightrope suspended over flames.

The policy would give CCSF two years to come into compliance with all of the so-called “defects” ACCJC identified. If the college addresses these issues in two years, the commission would rescind the notice to terminate the college’s accreditation.

But buried in the legalese is a frightening clause noting that if CCSF isn’t found to comply with everything, “the termination implementation will be reactivated and the effective date will be immediate,” with “no further right to request a review or appeal in this matter.”

Beno said she heard the college community’s concerns around these clauses, during a two-week public comment period regarding the proposed policy that ended June 25.

“The Commission received a good deal of feedback,” she wrote, saying a revised “final version” of the restoration policy has been sent to the commissioners, who will vote remotely over the next week. “If it is approved, the ACCJC will post the final policy on its web page, the policy will be effective immediately.”

But the auditor found Beno hasn’t followed existing bylaws. This has long been an open secret in the community college world that’s referenced to in a 2010 public letter from the former California Community College Chancellor Jack Scott to the Department of Education. His immediate successor, Brice Harris (who also served on the ACCJC as a commissioner for seven years), did not heed this knowledge. He trusted Beno.

He met her for coffee, he talked to her on the phone. These interactions led him to believe replacing the college’s leadership would appease Beno, he said in his declaration (under penalty of perjury) in Herrera’s lawsuit against the ACCJC.

So on July 3, 2013, Harris released a video announcing he stripped the college’s elected Board of Trustees of all of its powers and promoted Special Trustee Bob Agrella to take its place. The college community was in an uproar, but Harris maintained publicly it was the right thing to do.

Privately, he received an email from Beno. “Dear Brice, Beautiful job,” she wrote to him, about his decision to whack the board. “The college may survive, with the right leadership.”

Harris wrote in his declaration: “Based on this email, which was consistent with all my prior interactions with Dr. Beno, I believed that City College could maintain its accreditation… if City College took extraordinary steps to comply with the ACCJC’s recommendations.”

But the accreditors did just the opposite. Just this month, it denied CCSF’s accreditation appeal, telling the college they it not review any evidence of progress it made after they voted to terminate its accreditation. This took Harris by surprise.

“If I had known on July 8, 2013, that the rules of the commission were later going to be interpreted to preclude any progress made by City College after June 2013,” he wrote in his declaration, “I would not have asked the Board of Governors to take the extraordinary step of setting aside the locally elected Board of Trustees.”

Harris was burned by the ACCJC. Now City College faces the choice to trust Beno and the accreditors again.

 

Above, California Community Colleges Chancellor Brice Harris explains why he pushed state entities to remove the City College’s Board of Trustees and replace them with Special Trustee Bob Agrella. Should City College of San Francisco trust the ACCJC?

City Attorney throws a monkey wrench into parking-space auction app

An iPhone app that lets users auction off their parking spots might sound like a novel idea, especially in a parking-deprived city like San Francisco. Unfortunately for Paolo Dobrowolny, co-founder and CEO of the MonkeyParking app that does exactly that, the practice is also illegal.

The app violates a key provision of San Francisco’s Police Code, which states that drivers who “enter into a lease, rental agreements or contract of any kind” for public parking spots can face penalties of up to $300, according to City Attorney Dennis Herrera, who has issued a cease-and-desist demand against MonkeyParking.

“Technology has given rise to many laudable innovations in how we live and work – and Monkey Parking is not one of them,” Herrera said in a statement. “It’s illegal, it puts drivers on the hook for $300 fines, and it creates a predatory private market for public parking spaces that San Franciscans will not tolerate.”

That’s not how Dobrowolny sees it. Though he’s still working with his legal team to address Herrera’s concerns, the MonkeyParking CEO said he fundamentally disagrees with Herrera’s stance.

“As a general principle we believe that a new company providing value to people should be regulated and not banned,” Dobrowolny wrote in an email. “Regulation is fundamental in driving innovation, while banning is just stopping it.”

Herrera imposed a July 11 deadline to cease operations in his letter to MonkeyParking, but the app may not even last that long. By violating San Francisco’s Police Code, it’s already landed in hot water when it comes to Apple’s guidelines for app developers, which state: “Apps must comply with all legal requirements in any location where they are made available to users.” Herrera copied Apple’s legal department onto the letter, so there’s a possibility MonkeyParking could be removed as a result.

The use of parking apps like MonkeyParking also brings up the potentially dangerous matter of cell phone use within a moving vehicle, an issue that wasn’t lost on Herrera. In his letter to Dobrowolny, Herrera wrote that MonkeyParking is “facilitating and encouraging drivers to use cellphones and other wireless communication devices in a manner that distracts them, posing a safety hazard to the public and violating state laws that prohibit using cellphones and such other devices while driving.”

But since the app already appears to be in violation of the local police code and the App Store guidelines, this is simply icing on the cake.

“Worst of all, [MonkeyParking] encourages drivers to use their mobile devices unsafely – to engage in online bidding wars while driving,” Herrera said. “People are free to rent out their own private driveways and garage spaces should they choose to do so. But we will not abide businesses that hold hostage on-street public parking spots for their own private profit.”

MonkeyParking isn’t alone in its apparent violation of city rules. Sweetch and ParkModo are two other iPhone apps that provide allegedly illegal monetization of parking spots in the city, and Herrera’s office is cracking down on them as well.

Sweetch is similar to MonkeyParking, though it charges a flat fee of $5 per parking spot instead of the bidding system. ParkModo, which has yet to officially launch, will reportedly employ drivers for $13 an hour to occupy public parking spots in the Mission, according to Herrera’s statement.

City College’s accreditors bow to pressure, amend rules to save CCSF

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Keep City College of San Francisco open, or else.

That’s the message local and federal officials have drilled into City College’s accreditors in recent weeks. Representatives Nancy Pelosi and Jackie Speier; Assemblymembers Tom Ammiano and Phil Ting; and the state’s community college government have all publicly pressured the Accrediting Commission for Community and Junior Colleges to give City College an extension to prove its worth.

Finally bowing to pressure, the ACCJC may soon chang their own rules to save City College.

Today the ACCJC announced changes in its policy exclusively for colleges with terminated accreditation, granting a chance for such colleges to request a new “accreditation restoration status.”

“This is new for the ACCJC, but I don’t know if its new for other institutions,” Dave Hyams, a spokesperson for the ACCJC told us. But this new policy may offer new hope for City College.

In 2012 the ACCJC told City College its accreditation would be terminated, putting the school in the fight of its life. A loss of accreditation would mean its degrees are worthless, and the school would lose government funding. Notably, the school has not lost its accreditation yet.

The ACCJC’s policy change is not yet final, as the agency is allowing two weeks for the public to weigh in. The changes will be finalized on June 25, the commission said.

If the policy is adopted though, it means City College would be able to apply for a lifeline.

“If this policy is adopted as expected,” the ACCJC wrote in their statement to the press, “CCSF would have the opportunity to take steps to be designated as being in restoration status.”

Hyams denied the decision has anything to do with the very recent, and very public, emails from Nancy Pelosi and other politicians to demanding the ACCJC give City College more time.

“The ACCJC was looking for a way to balance the impact of termination on students,” he said, “with the needs for the college to meet basic standards.”

The college would need to file its application for restoration status by July 2014, City College’s originally announced accreditation termination date. This may all be moot, however, as City Attorney Dennis Herrera filed for an injunction to stall the college’s closure until the conclusion of the city’s lawsuit against the ACCJC. Legal proceedings are expected to begin in October.

Sara Eisenberg, the deputy city attorney leading the case against the ACCJC, told us this doesn’t affect the case at all.

Our lawsuit is about the ACCJC’s bad acts, which go to the heart of the fairness and accuracy of the accreditation evaluation process,” she told the Guardian. “These violations of law, policy and fundamental fairness require that the ACCJC’s past decisions concerning City College be vacated and that City College be reevaluated on a clean slate using a fair process.”

Interestingly, the announcement of restoration status by the ACCJC contains a caveat: they will not extend CCSF’s appeal unless the US Department of Education gives them the go-ahead. Hyams said the ACCJC developed this plan while consulting the USDOE, so it may be a slam dunk.

Need some context on the City College fight? Check out the video above for a basic overview.

“The commission and the department had very recent meetings that have been constructive and productive, they’re fully aware of this proposal,” he told us.

One of those meetings was not so peaceful, however, as over 200 City College supporters rallied outside the ACCJC’s semi-annual meeting in Sacramento, demanding the organization rescind its decision to revoke the college’s accreditation. The protest was led by the California Federation of Teachers, the local AFT 2121 and attended by teachers and students alike.

Tim Killikelly, the president of the AFT 2121 had questions about the new policy.

“I’m not sure how this restoration status is different than what appeals already existed,” he said. “The students need to be sure about their academic future, and this doesn’t do that. The students need to breathe a sigh of relief.”

He’s referring to the college’s recent drop in enrollment. At its height City College had over 100,000 students enrolled. But, due in part to its accreditation struggles and (some have said) the economy’s mild upswing, the enrollment has recently dropped to under 80,000 students. 

Killikelly laid much of the blame for that enrollment drop at the feet of the ACCJC. “They should’ve sent a team to verify we’re in compliance,” he said. Instead of this middling compromise, if the ACCJC had instead granted full accreditation Killikelly thinks confidence in the college could be restored.

City College Trustee Rafael Mandelman was also cautious about the decision.

“Its good news,”  he said, but, “the powers that be have rallied and persuaded the ACCJC that they cannot shut City College down now. The ACCJC are not pulling their claws out of the college. We will continue this terrible dance unless the City Attorney wins his lawsuit.”

The college may already have bounced back. California Community College Chancellor Brice Harris and City College Chancellor Arthur Tyler have publicly stated the school is 95 percent done addressing all of the concerns the ACCJC wanted to see fixed.

Mandelman contends the ACCJC’s move to terminate City College’s accreditation did more harm than good. “This whole process has been incredibly and unnecessarily disruptive on City College,” he said. “It’s a horrendous way to reform an institution.”

It should be noted that City College is still open, and remains accredited. For a look at the new policy from the ACCJC, click here.

Muni sickout: Q&A with transit union president

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It’s fair to say San Francisco is sick of the sickout.

Three days after hundreds of Muni workers called in sick to work, crippling the city’s transit system, City Attorney Dennis Herrera filed a legal action against Muni workers’ union to end the pseudo-strike. 

Just as Herrera announced his intentions, the Bay Guardian sat down at the Transit Workers Unit local 250-A for an interview with Eric Williams, president of Muni’s worker union. 

Here are William’s answers to our questions. Pick up a copy of next week’s paper for a broader story on the Muni sickout and union backlash in San Francisco.

San Francisco Bay Guardian: Thanks for sitting down with me. This is obviously a contentious time for Muni workers. But let’s hear how this all started: What’s the nitty-gritty contract disagreement between the SFMTA and the union?

Eric Williams: We don’t have a problem paying our pension, despite what’s being said. We would like a fair even swap, just like everyone else had. The police, the fire department, every union in this city got a fair swap to help pay their own pension. Right now they want to offer us a bump to pay our own pension, but once we got our CPA to crunch the numbers, it’s all negative.

The city wants you to beleive it’s cost-neutral, but that’s not the case. Our members will be making $1.10 less an hour due to this negotiation. 

SFBG So you’ve said before that certain laws and codes have “stacked the deck” in negotiations against the union, in favor of the SFMTA. How does that work?

EW You have to read Prop G [regarding Muni operators’ salaries] and code A8.409 [prohibiting strikes] and say “is this fair?” 

We’re struggling, we’re coming into a negoatiaion with our hands tied behind our back. The beauracracy and the spinning of the words and statements is alive in the agency. 

It’s unfortunate the public thinks it’s the common workers’ fault on any of these issues. Our members have to take care of our families, our children, paying for college, just like you. 

[Proponents of Prop. G said] “Well, it will make everything fair.” Actually, it’s not.

A ten-minute video interview with TWU Local 255-A President Eric Williams, as he explains the motivations behind the sickout.

SFBG Let’s get into that a bit more. So you walk into a negotiation, you bring a proposal. The way most union negotiations work is two parties sit down and present proposals, but the Muni worker/SFMTA negotiation is unique. You have to prove something to the arbitrator. What do you have to prove?

EW Basically, we have to show we’re not going to be costly to the agency. But inflation is going up, how could we not be costly?

 We just want restrooms, but those are costly. We want raises, those are costly. We want better parking, that’s costly.

The arbitrator must side with the city if they feel the cost burden will be too high on the city. All SFMTA employees are under the same deal. I’ve been at four tables in the past few months and negotiated two contracts with parties other than the SFMTA. We had to go to mediation, those mediators told us to talk it over again (offering compromise). You take this proposal, you take this one. That’s not the case with the SFMTA negotiations.

SFBG Can Muni workers afford to live in San Francisco?

EW Definitely not. The only members that live inside the city are those who purchased a home 20 or so years ago. The majority of our members live outside the city. That’s what leads to the issue of transportation and parking. If you’re pulling a bus run at 5:30 in the morning, guess what, there’s no bus at 4am to get them there. They need parking. It’s poor or rich in this city, there’s no in between. That’s no secret.

SFBG How far back would you have to go to say a good strong bloc of members lived in the city?

EW At least 20-30 years. Early ’90s, ’80s. 

SFBG Let’s talk about the atmosphere with riders out there. We recently saw a BART strike, did you take a read on the reaction? The sickout, which seems similar … people seem to not be siding with the union on this. There’s a lot of animosity.

EW We thought people understood who were in charge of the economics. It’s unfortunate the public may believe it’s the common workers’ fault on the issues. 

If you look at the bargaining with BART, yes it caused frustration. Yes it did. But when you see them empathizing with the power, “yes we know this hurts, but we have a family too.” The only thing we can do is ring the bell and say “this is unfair.”

SFBG Do you feel there is a backlash against Muni workers for the sickout?

EW Honestly i couldn’t tell the difference, we’ve been drug over the coals for so long. The frustration you’ve seen the past few days, not brought by the union itself, but by the members, is real. 

But in reality our members encounter something different with the everyday riders. The mothers, the fathers, [they have] a different attitude. Of course we have that 10, 20 percent that no matter what we do, who say we’re wrong. But we have to take a stand as well. We’re important here. We take our jobs seriously, and we should be treated as such. 

[Those who disagree with us] need to challenge the agency on everything the agency tells them. The system is still not on time, you still don’t have enough employees to drive the buses on the ground. The SFMTA spends all this money but we’re not on time, we don’t have enough people. 

Those 10-20 percent [who disagree with the workers] need to read the charter. Any person with common sense, any person with a heart, ask themselves if that process is fair. 

SFBG You don’t think part of it is the view that Muni workers make much more than private sector workers?

EW There’ve always been good private sector employers out there. But unions got us weekends, unions got us better working hours, unions got you sick leave. But go out and ask how they feel, what they think the public’s issue with us because we’re making $60,000 a year, and you went to college for four years. Maybe it’s because we’re making a living, and you’re struggling. Well hey, come get a job as a bus driver if it’s that bad out there.

 

Lawsuit claims SROs owned by city contractors are unsafe, moldy, rodent-infested

It’s often rumored that housing conditions in certain single-room occupancy hotels, or SROs, throughout San Francisco are atrocious. And when it comes to SROs under ownership of one family in particular, a lawsuit filed today by City Attorney Dennis Herrera now alleges not only that conditions are unhealthy and inhospitable – they’re also illegal.

Hotel owners, managers and operators Balvantsinh “Bill” Thakor, his wife Lataben B. Thakor, and their sons Kiransinh and Bahavasinh Thakor are all named in Herrera’s suit, which alleges that the business owners are renting uninhabitable residential rooms to vulnerable occupants, depriving SRO occupants of tenancy rights, maintaining public nuisances, doing construction work without required permits or contractors’ licenses, and making false claims for payment from the city.

The SRO owners hold contracts with the city. Herrera’s complaint alleges that taxpayer dollars are flowing into the hands of landlords who have allowed their properties to remain moldy, rodent-infested, and unsafe to occupants who are too poor to seek out other options.

We left a message for Balvantsihn “Bill” Thakor and will update this post if we receive a response.

Under the city contracts, homeless people who are pulled off the street by the Department of Public Health’s Homeless Outreach Team are temporarily placed in stabilization beds in SROs under the Thakor’s ownership. DPH rents out blocks of rooms to provide this temporary transitional housing, while low-income residents may live permanently in other units in the same buildings under their own private arrangements.

“San Francisco’s response to our affordable housing crisis must include aggressively protecting our most vulnerable residents — and that’s exactly what this case is about,” said Herrera. “The Thakor family has exploited low‐income residents by denying them tenancy rights. They’ve defiantly thumbed their noses at city inspectors over pervasive code violations, which endanger residents and neighbors alike. And they’ve billed taxpayers for providing clients of city programs with ‘clean, safe, habitable’ housing, when it was anything but clean, safe, or habitable.”

A litany of charges in Herrera’s complaint gives an idea of what conditions in some of these properties are like: “[Health and safety code violations include] rampant cockroach and bedbug infestations, failure to provide adequate fire protection and safety, failure to provide adequate security, failure to provide plumbing adequate to avoid repeated sewage leaks, failure to provide safe and functional wiring, failure to provide residential rooms and bathrooms free of mold and mildew, and failure to provide adequate heat.”

City Attorney spokesperson Matt Dorsey noted that there had been a host of health and building code violations issued against the hotel operators, but that fines and notices of violation still had not resulted in necessary repairs. With all administrative avenues exhausted, the city is now moving forward with a lawsuit.

“With litigation,” Dorsey said, “we have the ability to bring a level of fear that the administrative process cannot.”

Meanwhile, a quick search for court records revealed that this isn’t the first time Balvantsinh “Bill” Thakor has been named in a lawsuit brought by the City Attorney against SRO hotel owners.

In 2002, records show, then-City Attorney Louise Renne named him along with a host of other defendants in a suit relating to the ownership and operation of the Warfield Hotel, a 63-unit Tenderloin SRO where defendants had allegedly “failed to correct life-safety hazards … thereby forcing residents to live in substandard conditions in violation of applicable state and local housing laws.” According to this 2003 editorial in the San Francisco Chronicle, that particular SRO later went “from horrible to habitable.”

But even back then, Thakor was described in the Chronicle as “not known for his quick response to code violations.” All of which begs the question: With such a terrible track record, how do these hotel owners manage to land city contracts?

Lawsuits target Airbnb rentals

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LAWSUITS TARGET AIRBNB RENTALS

The San Francisco City Attorney’s Office last week filed a pair of lawsuits against local landlords who illegally rent out apartments on a short-term basis, units that had been cleared of tenants using the Ellis Act. Meanwhile, the San Francisco Tenants Unions has hired attorney Joseph Tobener to file more such lawsuits, and he is preparing to file at least seven lawsuits involving 20 units.

The lawsuits are the latest actions in a fast-moving crackdown on Airbnb and other online companies that facilitate short-term apartment rentals that violate city laws against converting apartments into de facto hotel rooms, including VRBO.com and Homeaway.com.

Board of Supervisors President David Chiu recently introduced legalization that would legalize, limit, and regulate such rentals, a measure that will be considered this summer. That legislation comes on the heels of Airbnb’s decision to stop stonewalling the city (and us at the Guardian, which has been raising these issues for the last two years) by agreeing to start paying the transient occupancy taxes it owes to the city for its transactions and creating new terms of service that acknowledge its business model may violate local laws in San Francisco and elsewhere (see “Into thin air,” 6/6/13).

As we’ve reported, City Attorney Dennis Herrera has been working with tenant groups and others on a legal action aimed at curtailing the growing practice of landlords using online rental services to skirt rent control laws and other tenant protection, removing units from the permanent housing market while still renting them out at a profit.

“In the midst of a housing crisis of historic proportions, illegal short-term rental conversions of our scarce residential housing stock risks becoming a major contributing factor,” Herrera said in a public statement. “The cases I’ve filed today target two egregious offenders. These defendants didn’t just flout state and local law to conduct their illegal businesses, they evicted disabled tenants in order to do so. Today’s cases are the first among several housing-related matters under investigation by my office, and we intend to crack down hard on unlawful conduct that’s exacerbating—and in many cases profiting from—San Francisco’s alarming lack of affordable housing.”

Tobener tells the Guardian that the San Francisco Tenants Union hired him to discourage local landlords from removing units from the market. “The San Francisco Tenants Union is just fed up with the loss of affordable housing,” Tobener told us. “It’s not about the money, it’s about getting these units back on the market.” (Steven T. Jones)

 

SF LOOKS TO MARIN FOR RENEWABLES

Just in time for Earth Day, a renewed effort to reduce the city’s carbon emissions was introduced at the April 22 Board of Supervisors yesterday. Sup. John Avalos introduced a resolution calling for a study of San Francisco joining Marin Clean Energy, which provides renewable energy to that county’s residents.

The move is seen largely as an effort to circumvent Mayor Ed Lee’s opposition to implementing a controversial renewable energy plan called CleanPowerSF (see “Revisionist future,” April 15).

“Mayor Lee and the Public Utilities Commission objected to CleanPowerSF, but they have offered no other solution to provide San Franciscans with 100 percent renewable electricity,” Avalos said in a public statement. “With this ordinance, we can either join Marin or we can implement our own program, but we can no longer afford to do nothing.”

The resolution is the latest effort in the long saga to implement CleanPowerSF, San Francisco’s proposed renewable energy alternative to PG&E, whose current energy mix is only 19 percent renewable. Much of PG&E’s current mix is dirty and directly contributes to half of San Francisco’s carbon footprint, according to the city’s own recent Climate Action Strategy.

Joining Marin under a Joint Powers Authority would provide a vehicle for San Francisco to enact CleanPowerSF’s goals, long blocked by the mayor. San Francisco’s renewable energy effort may have lingered in legal limbo for years, but Marin made the switch to renewables in 2010.

“It’s something people want, and it also reduces greenhouse gas emissions,” Marin Clean Energy Executive Officer Dawn Weisz told the Guardian. Much of Northern California, she noted, has little choice but to use PG&E for their electricity.

“The people never chose to have a monopoly in place,” she said. “People like having choices.” (Joe Fitzgerald Rodriguez)

BEACH FIRES CONTAINED

The National Parks Service is once again moving to limit and maybe even ban fires on Ocean Beach, replaying an episode from 2007 that was temporarily solved by volunteers and artistic new fire rings placed by the group Burners Without Borders, despite a lack of follow-through by NPS’s Golden Gate National Recreation Area.

Citing complaints about burning toxic materials, leaving messes, and people drinking on the beach (gasp!), the GGNRA this week announced a summer pilot program that would include moving the curfew up from 10pm to 9pm, installing a dozen new fire rings, and improved public outreach and monitoring of the conditions on the beach.

“We [have] over the years seen a rising problem over safety and general breaking of park rules like broken bottles. And with incidents of assault and underage drinking, mostly occurring during the night, GGNRA Area Director Howard Levitt told the Guardian.

But Tom Price, who helped create the 2007 compromise, said GGNRA never kept its end of the bargain — such as installing more rings to supplement the half-dozen created by artists, or creating visible signage so visitors would know what the rules area — and now it’s acting in a rapid, unilateral, and unreasonable way to ban beach fires.

“They never did the outreach or education or put out more fire rings,” Price said, urging people to let GGNRA know they support allowing fires on Ocean Beach, one of just two spots within GGNRA jurisdiction where they’re allowed (Muir Beach is the other). “The Parks Service has to be reasonable, and banning fires after 9pm in not reasonable.” (Steven T. Jones and Bryan Augustus)

TAX WEALTH, PIKETTY SAYS

French economist Thomas Piketty got a warm welcome in San Francisco last week when nearly 200 people turned out to hear him discuss what is fast-becoming the defining book of this new Gilded Era of escalating disparities in wealth: Capital in the 21st Century.

“The book has been so popular that Harvard University Press has run out,” The Green Arcade owner Patrick Marks said in introducing Piketty at a the April 22 event held across Market Street from the bookstore, in the McRoskey Mattress Company, in order to accommodate the large crowd.

Indeed, Capital has recently been lauded by a string of influential publications, ranging from The Nation through The New York Times to the Wall Street Journal, all acknowledging this as perhaps the most exhaustive study on wealth data ever collected — and a clear-eyed warning that capitalism isn’t the self-correcting system that its biggest boosters claim it is.

Piketty’s work shows how when the return on capital is greater than the annual growth rate of the overall economy, which is usually the case (except when interrupted temporarily by the major wars of the 20th Century, or the 90 percent tax rate on the highest US incomes after World War II), that dynamic consolidates wealth in ever-fewer hands, which is bad for the health of the economic system. The only real cure, Piketty concludes, is a progressive global tax on wealth. Yet Piketty tries to avoid being too prescriptive, choosing to let his research speak for itself. “All I’m trying to do is present this book so everyone can make up his own mind,” Piketty told the gathering. In fact, he thinks the cure he outlines at the end of his book is less important than what comes before it: “You can disagree with everything in Part IV and still find interest in Parts I, II, and III.” (Steven T. Jones)

Lawsuits go after SF landlords doing illegal short-term apartment rentals

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The San Francisco City Attorney’s Office today filed a pair of lawsuits against local landlords who illegally rent out apartments on a short-term basis, units that had been cleared of tenants using the Ellis Act. Meanwhile, the San Francisco Tenants Unions has hired attorney Joseph Tobener to file more such lawsuits, and he is preparing to file at least seven lawsuits involving 20 units.

The lawsuits are the latest actions in a fast-moving crackdown on Airbnb and other online companies that facilitate short-term apartment rentals that violate city laws against converting apartments into de facto hotel rooms, including VRBO.com and Homeaway.com.

Board of Supervisors President David Chiu recently introduced legalization that would legalize, limit, and regulate such rentals, a measure that will be considered this summer. That legislation comes on the heels of Airbnb’s decision to stop stonewalling the city (and us at the Guardian, which has been raising these issues for the last two years) by agreeing to start paying the transient occupancy taxes it owes to the city for its transactions and creating new terms of service that acknowledge its business model may violate local laws in San Francisco and elsewhere.

As we’ve reported, City Attorney Dennis Herrera has been working with tenant groups and others on a legal action aimed at curtailing the growing practice of landlords using online rental services to skirt rent control laws and othet tenant protection, removing units from the permanent housing market while still renting them out at a profit.   

“In the midst of a housing crisis of historic proportions, illegal short-term rental conversions of our scarce residential housing stock risks becoming a major contributing factor,” Herrera said in a public statement. “The cases I’ve filed today target two egregious offenders. These defendants didn’t just flout state and local law to conduct their illegal businesses, they evicted disabled tenants in order to do so. Today’s cases are the first among several housing-related matters under investigation by my office, and we intend to crack down hard on unlawful conduct that’s exacerbating—and in many cases profiting from—San Francisco’s alarming lack of affordable housing.”

The lawsuits allege violations of the city’s Planning and Administrative codes, as well as the state’s Unfair Competition Law, targetting 3073-3075 Clay Street, owned by defendants Darren and Valerie Lee; and 734 and 790 Bay Street, which is owned or managed by defendants Lev, Tamara and Tatyana Yurovsky (founder of SRT Consultants).

Guardian calls to both parties were not immediately returned, but we’ll update this post if and when we hear back. Tobener tells the Guardian that the San Francisco Tenants Union hired him to discourage local landlords from removing units from the market.

“The San Francisco Tenants Union is just fed up with the loss of affordable housing,” Tobener told us. “It’s not about the money, it’s about getting these units back on the market.”

The San Francisco Apartment Conversion Ordinance prescribes penalties of $1,000 per day for units rented out for less than 30 days. That now applies to buildings with four or more units, although Chiu’s legislation would lower that to buildings with two or more units while legalizing such rentals and requiring host to register with the city and live in the units for at least 275 days per year, meaning rentals would be limited to 90 days per year.

Tobener’s lawsuits list 210 violations in the 20 units it targets, seeking fines totaling $210,000. But he emphasized that money is not the issue: “The San Francisco Tenants Union doesn’t care about the penalties, they just want to put the message out that we’re going after landlords who do this and we want those units returned to the market.”

Accreditors ask City College to voluntarily terminate its own accreditation

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Should City College commit educational seppuku?

That seems to be the idea the accrediting commission vying to close City College of San Francisco floated in a San Francisco Chronicle editorial Sunday, outlining a “new way out.”

To save itself, they wrote, the college must terminate its own accreditation and apply for “candidacy” status, essentially applying to be accredited as if it were a brand-new school.

Candidacy would allow City College a fresh start,” wrote Accrediting Commission for Community and Junior Colleges Chair Sherill Amador, and Steven Kinsella, the co-chair. “It would have two to four years to complete its recovery and to ensure that it meets all accreditation standards.”

The recommendation is the latest twist in a long saga over the fate of City College of San Francisco.

Last July, the ACCJC told City College its degree accreditation would be revoked in a year, which would force the college to close. When the news first hit City College saw its enrollment drop by the thousands. The school served as many as 100,000 students at its highest enrollment, but now has a student body of 77,000. The college’s chancellor, Arthur Q. Tyler, noted the enrollment drop in a public letter.

Tyler strongly rebuffed the ACCJC’s Chronicle editorial.

“As you may have heard it has been suggested by some that City College apply for ‘candidacy status’ as a mechanism for addressing our current accreditation process,” Tyler wrote in a letter to the college community. “Let me be clear: we are not considering withdrawing our accreditation. To do so would severely harm our current and future students as well as undermine our current enrollment efforts.”

The editorial from the ACCJC may signal that the accrediting commission intends to deny any appeals made by City College, higher-ed experts told the Guardian. City College’s faculty union AFT 2121 President Alisa Messer agreed.

“The ACCJC — or at any rate, two of its leaders — have announced through this editorial that they have already decided to reject the college’s appeal and move forward with disaccreditation,” she told the Guardian. “Our concern all along has been that nothing CCSF could do would satisfy this commission. Unfortunately, this latest action appears to confirm that.” 

Notably, despite all indicators to the contrary, the ACCJC editorial wrote “Internal discord at City College has prevented sufficient progress.”

But in a Chronicle editorial written by Mayor Ed Lee and the California Community College Chancellor Brice Harris, the pair noted City College’s tremendous progress in changing the school. These are changes the college community hasn’t necessarily agreed with, leading to recent protests against the current administration. Despite this resistance, the pair of officials made an impassioned plea for the ACCJC to give City College more time to enact the less-than-popular changes.

“The commitment to reform and the accomplishments already made show that the college is on the right track,” Lee and Harris wrote. “City College has earned the right to finish the job by setting itself back on course.”

But the editorial penned by the ACCJC seems to rebuff any notion that they’ll give City College more time, unless City College revokes its own accreditation.

They just gave (Chancellor) Brice Harris, Mayor Ed Lee and all of San Francisco a giant F.U.,” City College Trustee Rafael Mandelman told the Guardian. 

All along, politicians and the college’s current administration towed the ACCJC line — even though the accreditors advocated for City College to disinvest in its neediest students, take away important neighborhood campuses serving disadvantaged communities, and ignored the college community’s wishes. 

On the other side of the imaginary line in the sand, the faculty union and student protesters have advocated against many of the changes proposed by the ACCJC, calling its actions unjust. City Attorney Dennis Herrera’s lawsuit adopted the viewpoint of the the latter group, suing the ACCJC for using its position as accreditor to advocate for the “student success agenda,” which aims to transform community college into degree-mills at the expense of students not specifically seeking degrees.

Stepping on their conservative, misinformed soapbox, the San Francisco Chronicle wrote an editorial lambasting Herrera and the advocates, last August.

“When you have a losing argument, change the subject,” they wrote. “That’s been the approach of certain City College defenders who want the attack an accreditation commission instead of the serious problems it has identified.”

Even the state community college chancellor criticized Herrera’s lawsuit, in an open letter penned just a few months ago. 

“Court intervention is not necessary to keep City College open,” California Community College Chancellor Brice Harris wrote. “Characterizations that the cases before the court are a ‘last-ditch’ effort to ‘save’ City College are inaccurate and will do additional damage to the college’s enrollment.”

But Herrera filed for an injunction, which was granted by the judge, which would stop City College from closing until the legal proceedings have finished. The trial date is now set for October. 

With the ACCJC signaling it has no intention of allowing an appeal, Herrera’s lawsuit, Mandelman said, may be the college’s only hope.

The state chancellor, the mayor, and the Chronicle have all said ‘this is the way the process will work and Dennis Herrera should not have brought the lawsuit,'” he said. Now it seems quite likely that lawsuit will be the only thing that can save City College.”

Democracy for none

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Democracy is dead at City College of San Francisco. At least, that’s what student protesters allege.

At a rally on March 13, over 200 student and faculty protesters marched at City College’s main campus to call for the resignation of state-appointed Special Trustee Robert Agrella. When City College was told it would soon close, the city-elected Board of Trustees was removed from power, and the state gave Agrella the power to make decisions unilaterally.

Agrella is not beholden to board rules, and now makes policy decisions behind closed doors: No public meetings are held and no public comments are solicited.

His decisions have proved controversial. Students are concerned that fast-tracked decision-making and new billing policies will create new barriers for students with few other educational options. But with no public forum to express their outrage, students took to the pavement.

The protesting students were met by police aggression, and in the aftermath of the clash two students were arrested — one was pepper sprayed, and the other suffered a concussion, allegedly at the hands of a San Francisco Police Department officer.

Both SFPD and CCSF police were on hand for the protest.

Controversy is now swirling around Agrella, school administrators, and the students involved. But lost among questions about police violence are larger policy concerns. When will democracy, that critical right to have a say in significant decision-making on campus, return to City College?

Critics say City College is compromising its core mission in its fight to remain open and accredited, slashing access for students and curtailing democracy in the name of reform.

“To be excluded and ignored and disenfranchised is simply unacceptable,” said faculty union president Alisa Messer.

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PEPPER SPRAYED AND INJURED

The protest began as students marched across City College’s main campus in an open space designated by college officials as a “free speech zone.” They headed toward an administrative office building, Conlan Hall, where students freely conduct business every day. However, the administration locked the doors on the protesters.

In response, the students inside unlocked them. When the protesters tried to enter this public building, they were met with resistance from campus police and the SFPD.

Otto Pippenger, 20, who was at the front of the protest, was dragged to the ground by multiple officers and allegedly punched in the head by an SFPD officer, an incident caught on video and recalled in eyewitness accounts.

His mother, Heidi Alletzhauser, told the Bay Guardian that Pippenger had since received medical attention. She said he’d suffered a concussion, contusions from where his head hit the concrete, injuries to both wrists, and broken blood vessels in his right eye.

Dimitrios Philliou, 21, was tackled to the ground and pepper sprayed in the face. In a video interview shortly after the incident, he recalled what happened.

“I asked [officers] what law I broke and neither could give me an explanation. They proceeded to tackle me to the ground,” he said.

In the end, Philliou was charged with misdemeanor “returning to school,” described as trespassing by the Sheriff’s Department. Pippenger was charged with two misdemeanors: resisting arrest and battery on emergency personnel.

The students were released the following morning (March 14), before sunrise. Philliou was issued a citation and released, and Pippenger made bail and was released, according to the San Francisco Sheriff’s Department.

The City College faculty union raised over $1,000 towards Pippenger’s $23,000 bail. He will face arraignment March 19, two days after the Bay Guardian goes to press.

In an emailed statement, City College Chancellor Arthur Q. Tyler described the clash between protesters and police as the fault of the protesters who tried to enter the building.

“I am saddened to see students engaging in violent outbursts,” he wrote.

City College spokesperson Peter Anning said the school regretted the actions of the most violent officers. “There was one police officer with the SFPD, not [City College Police], whose behavior was more forceful than need be,” he said.

Philliou said he just wanted to be heard.

“We just want to have a conversation with Bob Agrella,” he said in a video interview with the college’s newspaper, The Guardsman. “It’d be nice if he would talk to us, like a real human.”

But so far, the students have been met with silence.

 

DEMOCRACY NOW

Agrella does not hold public meetings or take public comment on his decisions, but he posts public agendas in accordance with the California Brown Act. In the past, he’s called these posted agendas “meetings,” and dubbed email feedback as “public comment.”

Messer was critical of the practice. “Apparently these meetings are happening in the special trustee’s head,” she said, “and an email counts as public comment. No one agrees that [email] comment is public.”

In the past, public comment has meant speaking aloud at a meeting in a room where not only could everyone hear you, but every word was broadcast on television and on the web.

City College Board of Trustee public meetings used to be archived online for the world to see. Now only Agrella’s eyes see the concerns of the college community.

Pressed on whether these agendas and emails could count as public meetings, City College spokesperson Larry Kamer said, “I can’t answer that question because you’re getting into matters of legal interpretation. I’m not a lawyer.”

The Board of Trustee’s meetings were not always the most shining examples of democracy, he said.

“When Dr. Agrella was appointed as special trustee with extraordinary powers, it was precisely for the purpose of expediting decision making,” Kamer said. “The idea of expedited decision making and board meetings that go until one or two in the morning are usually incompatible.”

But City College Trustee Rafael Mandelman said some of the tension around the changes at City College could be diffused by letting the public vent, well, in public.

“I’d much rather have people jumping up and down in public comment than having an assault at Conlan Hall,” he said.

At a City Hall hearing held by Sup. David Campos the day after the protest, many students decried a loss of democracy at the school. Campos will soon introduce a resolution to the Board of Supervisors calling for the reinstatement of the City College Board of Trustees.

Students’ concerns about the college, voiced at rallies instead of public forums, have proven as diverse as the students themselves.

 

THE COLLEGE TRANSFORMS

The same day protesters clashed with police at the main campus, Chinese Progressive Association lead activist Emily Ja Ming Lee led a student protest at the college’s Chinatown Campus.

The population there is traditionally older, with fewer English speakers than the general student body.

“We’re worried about the impact on the immigrant communities, the free English as Second Language classes, and vocational training,” Lee told the Guardian. “We partner with City College to run a hospitality training program so immigrant workers can get good jobs. We’re concerned about how City College will serve its immigrant workers.”

That concern has been intensified by a new restrictive billing policy that’s impacting lower income students.

The school has started to require up-front payment for classes, rather than billing students later. The change may shore up the college’s bank account in the short term, but many financially strapped students dropped their classes due to an inability to pay.

Itzel Calvo, a student who is an undocumented citizen, said at the City Hall hearing, “I was not able to enroll in classes this semester unless I paid thousands of dollars in tuition up front, even before the classes started. I can’t afford that.”

The Chinese Progressive Association has also raised concerns about changes to the college’s educational plan.

Over the course of four months, City College will formulate an educational plan to determine which classes deserve funding, and which don’t. This process usually takes a year. But with the accelerated process and lack of outreach, Lee’s worried that English language learners and vocational students will be sidelined.

“Our students don’t fit into a traditional model of what community colleges look like,” she said. “They’re not looking to transfer to a four-year university, necessarily.”

Focusing on transfer students moving from community colleges to four-year universities is part of a state policy known as the Student Success Initiative. In a lawsuit against the Accrediting Commission for Community and Junior Colleges, City Attorney Dennis Herrera alleges that the ACCJC’s agenda of pushing this initiative was the driving force behind trying to close City College.

The college’s students rallied against those changes for years. Yet Agrella is enforcing the Student Success Initiative. “My job is to play within the rules and regulations of the ACCJC,” he told the Guardian in an interview a few months back.

On campus, concern is growing that changes made to appease the ACCJC may disenfranchise City College students in greater numbers. But worst of all, without public meetings or public comment, the college’s students may not get a chance to advocate against those changes before it’s too late.

State of the City speech filled with unsupported promises

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It was maddening to watch Mayor Ed Lee deliver his annual State of the City address this morning. This was pure politics, from the staged backdrop of housing construction at Hunters Point Shipyard to the use of “regular people” props to the slate of vague and contradictory promises he made.

“This place, the shipyard, links our proud past to an even more promising future,” was how Lee began his hour-plus, invite-only address.

Later, he touted the housing construction being done there by Lennar Urban as emblematic of both his promise to bring 30,000 new housing units online by 2020 — the cornerstone to what he called his “affordability agenda” — and the opposition to unfettered development that he is pledging to overcome.

“A great example is the place we’re standing right now. This took us too long,” Lee said after decrying the “easy slogans and scapegoating” by progressive activists who place demands on developers.

But that implication was complete bullshit. As we and others have reported, progressive and community activists have long encouraged Lennar Urban (which has a close relationship to Lee) to speed up development on this public land that it was given almost a decade ago, particularly the long-promised affordable housing, rather than waiting for the real estate market to heat up.

That was just one of many examples of misleading and unsupported claims in a speech that might have sounded good to the uninformed listener, but which greatly misrepresented the current realities and challenges in San Francisco.

For example, Lee called for greater investments in the public transit system while acknowledging that his proposal to ask voters this November to increase the vehicle license fee isn’t polling well. And yet even before that vote takes place, Lee wants to extend free Muni for youth and repeal the policy of charging for parking meters on Sundays without explaining how he’ll pay for that $10 million per year proposal.

“Nobody likes it, not parents, not our neighborhood businesses, not me,” Lee said of Sunday meters, ignoring a study last month by the San Francisco Muncipal Transportation Agency showing the program was working well and accomplishing its goals of increasing parking turnover near businesses and bringing in needed revenue.

Lee also glossed over the fact that he hasn’t provided funding for the SFMTA’s severely underfunded bicycle or pedestrian safety programs, yet he still said, “I support the goals of Vision Zero to eliminate traffic deaths in our city.”

Again, nice sentiment, but one that is totally disconnected from how he’s choosing to spend taxpayer money and use city resources. And if Lee can somehow achieve his huge new housing development push, Muni and other critical infrastructure will only be pushed to the breaking point faster.  

Lee acknowledges that many people are being left out of this city’s economic recovery and are being displaced. “Jobs and confidence are back, but our economic recovery has still left thousands behind,” he said, pledging that, “We must confront these challenges directly in the San Francisco way.”

And that “way” appears to be by making wishful statements without substantial support and then letting developers and venture capitalists — such as Ron Conway, the tech and mayoral funder seated in the second row — continue calling the shots.

Even with his call to increase the city’s minimum wage — something that “will lift thousands of people out of poverty” — he shied away from his previous suggestion that $15 per hour would be appropriate and said that he needed to consult with the business community first.

“We’ll seek consensus around a significant minimum wage increase,” he said, comparing it to the 2012 ballot measures that reformed the business tax and created an Affordable Housing Fund (the tradeoff for which was to actually reduce the on-site affordable housing requirements for developers).

But Mayor Lee wants you to focus on his words more than his actions, including his identication with renters who “worry that speculators looking to make a buck in a hot market will force them out.”

Yet there’s little in his agenda to protect those vulnerable renters, except for his vague promise to try to do so, and to go lobby in Sacramento for reforms to the Ellis Act. While in Sacramento, he says he’ll also somehow get help for City College of San Francisco, whose takeover by the state and usurpation of local control he supported.   

“City College is on the mend and already on the path to full recovery,” Lee said, an astoundingly out-of-touch statement that belies the school’s plummeting enrollment and the efforts by City Attorney Dennis Herrera and others to push back on the revocation of its accreditation.

Lee also had the audacity to note the “bone dry winter” we’re having and how, “It reminds us that the threat of climate change is real.” Yet none of the programs he mentions for addressing that challenge — green building standards, more electric vehicle infrastructure, the GoSolar program — would be as effective at reducing greenhouse gas emmisions as the CleanPowerSF program that Lee and his appointees are blocking, while offering no other plan for building renewable energy capacity.

Far from trying to beef up local public sector resources that vulnerable city residents increasingly need, or with doing environmental protection, Lee instead seemed to pledge more of the tax cutting that he’s used to subsidize the overheating local economy.

“Affordability is also about having a city government taxpayers can afford,” Lee said. “We must be sure we’re only investing in staffing and services we can afford over the long term.”

How that squares with his pledges to put more resources into public transit, affordable housing development, addressing climate change, and other urgent needs that Lee gives lip service to addressing is anybody’s guess.  

Injunction blocks City College closure

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City College of San Francisco is safe from closure, for now. A ruling from San Francisco Superior Court Judge Curtis Karnow issued Jan. 2 would bar City College’s accreditors from terminating the college’s accreditation until after legal proceedings against it are done.

The loss of accreditation would make City College’s future degrees basically worthless, resulting in its closure or merger with another district.

“I’m grateful to the court for acknowledging what so far accreditors have refused to, that educational access for tens of thousands of City College students matters,” City Attorney Dennis Herrera said at a press conference announcing the judge’s decision.

Now Herrera and his team have time to save the school, and City College will keep its doors open for the duration of the suit — win or lose.

The ruling was the result of an injunction filed by City Attorney Dennis Herrera on Nov. 25 as part of his office’s suit against the Accrediting Commission for Community and Junior Colleges in August for allegedly using the process to carry out an ideological agenda against CCSF. The ACCJC openly lobbied in public hearings and via public letters for education reform across the state, reforms which City College’s administration believed would harm San Francisco’s most vulnerable students: the poor, certificate seekers, and lifelong learners.

Only part of the injunction was granted by Karnow, however. The ACCJC is barred from shutting down City College, but it can still revoke the accreditation from any of the other 112 community colleges it oversees across the state.

The ruling also doesn’t stop it them from making preparations to close the college, Herrera said.

“It does not stop them from continuing their review and analysis and evaluation, it stops them from issuing a final ruling with respect to taking accreditation of City College,” he said.

Not everyone agrees with Herrera’s efforts.

“Court intervention is not necessary to keep City College open,” State Community College Chancellor Brice Harris wrote to Herrera in a Jan. 2 letter.

Harris argues that the lawsuit detracts from the efforts to save the school made by the special trustee Robert Agrella, who was assigned by Harris to replace City College’s Board of Trustees just after the accreditation crisis broke out.

City College saved, for now (update)

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Update: This post has been updated with new information, after a 5:30 press conference held by City Attorney Dennis Herrera.

City College of San Francisco is safe from closure, for now.

A ruling from San Francisco Superior Court Judge Curtis Karnow issued this afternoon would bar City College’s accreditors from terminating the college’s accreditation until after legal proceedings against it are done. 

The loss of accreditation would make City College’s future degrees basically worthless, resulting in its closure or merger with another district.

“I’m grateful to the court for acknowledging what so far accreditors have refused to, that educational access for tens of thousands of city college students matters,” City Attorney Dennis Herrera said at a press conference announcing the judge’s decision.

Now Herrera and his team have time to save the school, and City College will keep its doors open for the duration of the suit — win or lose.

The ruling was the result of an injunction filed by City Attorney Dennis Herrera on Nov. 25. as part of their suit against the Accrediting Commission for Community and Junior Colleges in August for allegedly using the process to carry out an ideological agenda against CCSF. The ACCJC openly lobbied in public hearings and via public letters for education reform across the state, reforms which City College’s administration believed would harm San Francisco’s most vulnerable students: the poor, certificate seekers, and lifelong learners.

ccsfhearing

Counsel for the Accrediting Commission for Community and Junior Colleges, Andrew Sclar and Philip Ward, confer during a break at a preliminary injunction hearing regarding City College of San Francisco on Dec. 26, 2013. Photo by Sara Bloomberg

Only part of the injunction was granted by Karnow, however. The ACCJC is barred from shutting down City College, but it can still revoke the accreditation from any of the 112 community colleges it oversees across the state.

The ruling also doesn’t stop it them from making preparations to close the college, Herrera said.

“It does not stop them from continuing their review and analysis and evaluation, it stops them from issuing a final ruling with respect to taking accreditation of City College,” he said. 

Not everyone agrees with Herrera’s efforts though.

“Court intervention is not necessary to keep City College open,” State Community College Chancellor Brice Harris wrote to Herrera in a letter today. 

Harris argues that the lawsuit detracts from the efforts to save the school made by the special trustee Robert Agrella, who was assigned by Harris to replace City College’s board of trustees just after the accreditation crisis broke out.

“Characterizations that the cases before the court are a ‘last-ditch’ effort to ‘save’ City College are inaccurate and will do additional damage to the college’s enrollment,” Harris wrote.

And City College’s enrollment has taken a huge hit, down nearly 30 percent from last year, leading to the college’s new media campaign to get students back in City College seats. 

Though Harris criticized Herrera’s lawsuit as the chancellor of the state community college system, Harris has tangled ties with the accreditors — he was a commissioner on the ACCJC board some years ago

At the hearing to grant the injunction, Sara Eisenberg, the deputy city attorney, argued that real harm hit City College since the news of its closure hit. Students have left the school in droves.

We’re asking, your honor, right now for something that won’t happen until further down the road… but there’s real harm happening right now. Latest numbers show enrollment is down 27 percent,” she told Karnow. 

The ACCJC’s counsel, Andrew Sclar, argued that an injunction to stop City College’s closure would actually harm the ACCJC itself.

 “There certainly would be harm to us,” he told Karnow. “If we do not enforce sanctions or bring a non compliant institution into compliance within a two year period, we would be at risk of losing our recognition with the United States Department of Education.”

Karnow then asked if there was “evidence on the record” of that ever happening. Sclar said no.

The college is slated to lose its accreditation in July 2014. The college is trying to reverse its fortunes and is applying for an appeal with the ACCJC. 

Now, it has a chance to stay open while Herrera fights for its future. Two other lawsuits were filed against the ACCJC as well, one by the California Federation of Teachers and another by the Save CCSF Coalition. 

Lawsuits aren’t the only fire the ACCJC has come under lately. US Rep. Jackie Speier called for a forum on the ACCJC’s alleged misconduct in November, and the beleagured commission was recently reviewed by the federal government, and given one year to come into compliance with federal guidelines.

For our coverage of the court hearing that led to the injunction, click here.

Deputy City Attorney Sara Eisenberg discusses the hearing for the injuncton.

The full text of Herrera’s press release is below.

City College wins reprieve, as court enjoins ACCJC from terminating accreditation

Herrera grateful to court ‘for acknowledging what accreditors callously won’t: that the educational aspirations of tens of thousands of City College students matter’

SAN FRANCISCO (Jan. 2, 2014) — A San Francisco Superior Court judge has granted a key aspect of a motion by City Attorney Dennis Herrera to preliminarily enjoin the Accrediting Commission for Community and Junior Colleges from terminating City College of San Francisco’s accreditation next July.  Under terms of the ruling Judge Curtis E.A. Karnow issued late this afternoon, the ACCJC is barred from finalizing its planned termination of City College’s accreditation during the course of the litigation, which alleges that the private accrediting body has allowed political bias, improper procedures, and conflicts of interest to unlawfully influence its evaluation of the state’s largest community college.  Judge Karnow denied Herrera’s request for additional injunctive relief to prevent the ACCJC from taking adverse accreditation actions against other educational institutions statewide until its evaluation policies comply with federal regulations.  A separate motion for a preliminary injunction by plaintiffs representing City College educators and students was denied.  

In issuing the injunction, the court recognized that Herrera’s office is likely to prevail on the merits of his case when it proceeds to trial, and that the balance of harms favored the people Herrera represents as City Attorney.  On the question of relative harms, Judge Karnow’s ruling was emphatic in acknowledging the catastrophic effect disaccreditation would hold for City College students and the community at large, writing: “There is no question, however, of the harm that will be suffered if the Commission follows through and terminates accreditation as of July 2014.  Those consequences would be catastrophic.  Without accreditation the College would almost certainly close and about 80,000 students would either lose their educational opportunities or hope to transfer elsewhere; and for many of them, the transfer option is not realistic.  The impact on the teachers, faculty, and the City would be incalculable, in both senses of the term: The impact cannot be calculated, and it would be extreme.”

“I’m grateful to the court for acknowledging what accreditors have so far refused to: that the educational aspirations of tens of thousands of City College students matter,” said Herrera.  “Judge Karnow reached a wise and thorough decision that vindicates our contention that accreditors engaged in unfair and unlawful conduct.  Given the ACCJC’s dubious evaluation process, it makes no sense for us to race the clock to accommodate ACCJC’s equally dubious deadline to terminate City College’s accreditation.”

Judge Karnow adjudicated four separate pre-trial motions in today’s ruling following two days of hearings on Dec. 26 and 30.  Herrera filed his motion for preliminary injunction on Nov. 25 — three months after filing his initial lawsuit — blaming the ACCJC for procedural foot-dragging and delay tactics, which included a failed bid to remove the case to federal court and its months-long refusal to honor discovery requests.  Judge Karnow granted in part and denied in part Herrera’s motion, issuing an injunction that applies only to the ACCJC’s termination deadline for City College’s accreditation, and not statewide.

Apart from Herrera’s motion, AFT Local 2121 and the California Federation of Teachers also moved for a preliminary injunction on Nov. 25, citing additional legal theories.  That motion was denied.  A third motion by the ACCJC asked the court to abstain from hearing the City Attorney’s lawsuit for interfering with complex accrediting processes largely governed by federal law; or, failing that, to stay Herrera’s action pending the outcomes of City College’s accreditation proceeding and ACCJC’s own efforts to renew its recognition with the U.S. Department of Education.  A fourth motion, also by the ACCJC, requested that the court strike the AFT/CFT’s case under California’s Anti-SLAPP statute, which enables defendants to dismiss causes of actions that intend to chill the valid exercise of their First Amendment rights of free speech and petition.  (SLAPP is an acronym for “Strategic Lawsuits Against Public Participation.”)  Both of the ACCJC’s pre-trial motions were denied.

The ACCJC has come under increasing fire from state education advocates, a bipartisan coalition of state legislators and U.S. Rep. Jackie Speier for its controversial advocacy to dramatically restrict the mission of California’s community colleges by focusing on degree completion to the detriment of vocational, remedial and non-credit education.  The accrediting body’s political agenda — shared by conservative advocacy organizations, for-profit colleges and student lender interests — represents a significant departure from the abiding “open access” mission repeatedly affirmed by the California legislature and pursued by San Francisco’s Community College District since it was first established.  

Herrera’s action, filed on Aug. 22, alleges that the commission acted to withdraw accreditation “in retaliation for City College having embraced and advocated a different vision for California’s community colleges than the ACCJC itself.”  The civil suit offers extensive evidence of ACCJC’s double standard in evaluating City College as compared to its treatment of six other similarly situated California colleges during the preceding five years.  Not one of those colleges saw its accreditation terminated.  

The City Attorney’s case is: People of the State of California ex rel. Dennis Herrera v. Accrediting Commission for Community and Junior Colleges et al., San Francisco Superior Court No. 13-533693, filed Aug. 22, 2013.  The AFT/CFT case is: AFT Local 2121 et al. v. Accrediting Commission for Community and Junior Colleges et al., San Francisco Superior Court No. 534447, filed Sept. 24, 2013.  Documentation from the City Attorney’s case is available online at: http://www.sfcityattorney.org.

No decision yet following charged hearing to stall City College closure

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At a Dec. 26 hearing in San Francisco Superior Court, the City Attorney’s office argued that City College of San Francisco should not be shuttered, as long as San Francisco’s lawsuit against a regional accrediting commission remains in court.

The two-year community college, which serves roughly 85,000 students, was notified earlier this year that the regional Accreditin​g Commission for Community and Junior Colleges would terminate its accreditat​ion in July 2014, rendering the school’s degrees worthless.

It would be forced to close.

In August, City Attorney Dennis Herrera filed suit against the ACCJC, alleging the closure action was improper, unwarranted, and out of line with the agency’s prior actions. 

At yesterday’s court hearing, litigators from Herrera’s office argued for a preliminary injunction against ACCJC, to keep the college open at least for the duration of the court proceedings.

Stop, halt, cease, desist. That was the City Attorney’s goal yesterday: keep City College open until the case is decided.

While yesterday’s hearing was focused on the injunction, the substance of Herrera’s complaint against the ACCJC — alleging that its members were acting improperly as advocates for greater austerity, among other things — came into play many times.

The litigators argued from morning till late afternoon, taking only brief recesses. While Judge Curtis Karnow subjected viewpoints from both sides to microscopic examination, there was no decision by the end.

It’s not yet known when Karnow will issue a ruling. 

“Judge Karnow did not rule from the bench, he issued no tentative order, and he gave no indication of how he intends to rule before concluding today’s hearing,” City Attorney spokesperson Matt Dorsey noted in a statement following the hearing.

In the meantime, a few statements made in court could shed light onto the outcome. We’ve highlighted a few of them below, along with some key questions.

Attorneys Phillip Ward and Andrew Sclar represented the ACCJC, in opposition to Deputy City Attorney Sara Eisenberg and labor lawyer Robert Bezemek, who appeared on behalf of the California Federation of Teachers.

We thought we’d present the case a bit differently, and give background to some of the main arguments and then write the main arguments attorneys made to address them. Each argument is prefaced first, and links are provided for further reading:

1. Herrera’s suit alleges that ACCJC commissioners acted improperly as advocates. That would mean they not only went beyond their role as objective accreditors, but sought to advance a political agenda against CCSF’s inclusive approach to higher education. They address that here.

Judge Curtis Karnow: All of those expression of political views, if you will, by either the staff or the commission itself, are being cited as the “true agenda” that they’re trying to unmask.

ACCJC counsel Philip Ward: There are problems, big problems, at City College of San Francisco…. all of those problems are the product of the so called “open access” mission and the new educational priorities that they’re saying are being shoved down CCSF’s throat.

Innuendo, character assassination … shows us that is what’s being targeted by the plaintiffs allegations.

City College has been kicking the can down the road for six years.

2. Herrera’s motion for an injunction argues that, even as the case is being decided, the school will suffer harm in the interim. How would this injunction soften the blow?

Judge Curtis Karnow: The real thrust of the motion seems to be that the uncertainty has generated behavior by faculty [and] students to depart, and this all stems from uncertainty harm.

When did this uncertainty harm start? How will the actions of this court affect anything? If there’s another hearing in July, won’t there be more uncertainty, even if I issue an injunction?

CFT counsel Robert Bezemek: Declarations filed show that there have already been instances that harm has already been felt. 

For example, (City College’s) radiology program is top in the nation above John Hopkins University. They’ve been given an execution date, everyone knows that. There’s an order to remove the college’s accreditation in July 31. When it got that order, students started to leave the college in droves. 

Deputy City Attorney Sara Eisenberg: We’re asking, your honor, right now for something that won’t happen until further down the road… but there’s real harm happening right now. Latest numbers show enrollment is down 27 percent.

3. Can the ACCJC base its decision to close City College on fiscal issues, rather than educational shortcomings?

CFT counsel Bezemek: We do not deny that they have financial issues… the quality of education is what they’re here (the ACCJC) to measure. But you have to find that the harm from the financial issues warrants shutting the school down the only community college in San Francisco. That it is the fundamental part of accreditation. 

Judge Karnow: So your position is that no matter what bad things the college has done, the commission can’t withdraw its accreditation?

CFT counsel Bezemek: No, we’re saying they have to show substantial evidence. 

(The ACCJC’s) ‘internal review’ is a joke. An injunction would provide huge relief.

accjc counsel

Counsel for the Accrediting Commission for Community and Junior Colleges, Andrew Sclar and Philip Ward, confer during a break at a preliminary injunction hearing regarding City College of San Francisco on Dec. 26, 2013. Photo by Sara Bloomberg

4. Is it within the ACCJC’s power to delay City College’s closure?

Judge Karnow: What if we just dropped the process now? 

ACCJC counsel Sclar: There certainly would be harm to us. If we do not enforce sanctions or bring a non compliant institution into compliance within a two year period, we would be at risk of losing our recognition with the United States Department of Education.

It’s going to have a chilling effect on all accrediting agencies.

Judge Karnow: Is there any evidence of that in the record?

ACCJC counsel Sclar: No, there hasn’t (been). 

Deputy City Attorney Eisenberg: If the people aren’t permitted to seek relief through an (injunctive) action, there’s no other recourse.

The ACCJC has demonstrated a very cavalier attitude in this case. We’re talking about closing the only community college in San Francisco. Many students don’t have access to other colleges otherwise. The relief that we are asking for here is quite modest. It has been granted before… and it didn’t do anything other than hit the pause button.

December 25 – 31, 2013

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WEDNESDAY 25

The Future of Farming Humanist Hall, 390 27th St, Oakl. www.humanisthall.org. 6:30-9:30pm, $5 donation. Following a potluck and social hour, this event will feature a screening of wildlife filmmaker Rebecca Hosking’s documentary, A Farm for the Future. With awareness of the looming implications of peak oil, Hosking returns to her family’s small farm in England with the aim of transforming it into a low-energy operation that is not dependent upon fossil fuels. The hour-long documentary is a valuable addition for broader experimentation with post-fossil fuel agricultural systems, showcasing pioneer farmers who are exploring alternatives like forest gardening and permaculture, while exposing the viewer to how unsustainable the current system is.

 

THURSDAY 26

Support CCSF in court State Superior Court Room 304, 400 McAllister, SF. 8:30am, free. Show your support for City College at the State Superior Court hearing on the school’s request for injunctive relief from the actions of the ACCJC, the private agency that voted to terminate CCSF’s accreditation this past summer. The lawsuit, filed by City Attorney Dennis Herrera, claims that the ACCJC’s decision was motivated by political biases, conflicts of interest and a flawed evaluation process. If CCSF is successful in court, that decision could be revoked and City College will be saved. The presence of San Francisco residents at the hearing is important because to demonstrate widespread support for this critical institution.

 

FRIDAY 27

Solidarity action for striking Korea railway workers Korean Consulate, 3500 Clay, SF. www.transportworkers.org/node/961. Noon—2pm, free. Join the Transport Workers Solidarity Committee in collaboration with United Public Workers For Action as they protest firing of 8,565 Korean railway workers. The workers, who have been on strike since Dec. 9, were terminated for striking against the privatization and union busting tactics used by the Korean government.

 

TUESDAY 31

New Year’s Eve Noise Demo Oscar Grant Plaza, 14th and Broadway, Oakland. http://tinyurl.com/NYENoiseDemo. 9:30 p.m. Free. Help bring noise to the inmates of the North County Jail this New Years Eve by marching from Oscar Grant Plaza to the jail. Those opposed to prison society are hosting a nationwide march as a sign of solidarity with prisoners across the globe, and the local manifestation of this demonstration is in Oakland.

 

City and teachers seek injunction against City College closure

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The plan to save City College of San Francisco took a proactive turn yesterday (Mon/25) as two separate-but-similar preliminary injunctions were being sought against the Accrediting Commission for Community and Junior Colleges (ACCJC). 

The injunctions, filed for yesterday by City Attorney Dennis Herrera and the California Federation of Teachers (CFT), would seek to keep the embattled school open for at least the duration of the impending litigation. A judge will consider the requests next month. 

The two sought-after injunctions come in the context of the civil lawsuits filed by both groups back in August, and would prevent the ACCJC from stripping CCSF’s accreditation on July 31, 2014, in addition to keeping the school both accredited and open while the civil lawsuits are heard and legislative challenges play out. ACCJC representatives didn’t return our calls for comment. 

Both the City Attorney’s Office and the CFT lawsuits hinge on the August findings of the US Department of Education. The determination made then said that the ACCJC violated two separate provisions of federal law: Failing to maintain effective controls against conflicts of interest and failing to have reasonable academic representation amongst the evaluation teams tasked to evaluate the school. 

If those two violations are upheld in federal court, then the City Attorney’s Office will simply need to prove that the “balance of harm” is negatively swinging toward the students of CCSF. And that unjust balance isn’t an under-the-rug number: 80,000 students go to CCSF, while 19 board members work at the ACCJC, something they do whether or not CCSF is open. Conversely, it’s not like those 80,000 students have 80,000 places to go. 

Both the CFT and the City Attorney’s Office are confident that the injunction will be granted by a San Francisco Superior Court judge, an arena of equitable governing both groups say hasn’t been seen from the ACCJC.

“We were trying to figure out our options. How do we defend the college?” said Alisa Messer, AFT Local 2121 president and English teacher at CCSF. “So how do you get a fair hearing? How do you get due process? Unfortunately the courts are the only way to do that under this scenario.”

If either interim injunction is granted by the courts, the school wouldn’t be stripped of its accreditation on July 31 — the ACCJC-appointed Doomsday for an educational institution that contributes nearly $300 million a year to the local economy, among other things — pending conclusions of the underlying court cases, which could take years. That would allow CCSF to offer at least a fall course-load. The injunction would also put the recently-maligned accrediting agency’s authority on hold.

And while an injunction simply delays the final determination and extends the school’s accredited status, both the city’s and the CFT’s plan to hold up the final determination elegantly mirrors the strategy most assume the ACCJC is employing.  

“What we’ve seen is the ACCJC essentially engaging in delay tactics,” said Therese Stewart, chief deputy of the City Attorney’s Office. “This [injunction] isn’t to resolve the whole thing, but rather to freeze the situation so it doesn’t get worse.”

According to a press release from Herrera’s office, the injunction would also, “prevent the Novato, Calif.-based ACCJC from taking similarly adverse actions against other California colleges until its policies and practices fully comply with state and federal law.”

But even if they can implore the ACCJC to reinstate CCSF’s accreditation, Messer says that the injunction the CFT filed on Monday is about much more than “stop gap measures.”

“Actually, I see it as much more than that. It’s not just about getting an injunction for what happens on [July 31, 2014],” said Messer. “This about getting an injunction now, to stop the actions toward closing the college and toward taking our accreditation. Now. Not for July, for right now. Because what we’re seeing is harm being done to the college even as we speak.”

The harm Messer is referring to isn’t just accreditation-related. She says that the reputation of a school is as important as anything, and right now students are unsure of the status of CCSF.

“It’s not about sitting on our hands and waiting and hoping that some of these things will right themselves,” said Messer. “It’s about saying that right now, because of the harm being done to the college, that we need San Francisco to know, and we need everybody to know that this college will not be closing.”

 

Zombies to attack City Hall! UPDATED

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We in the Bay Guardian newsroom have just received word of an impending zombie attack on City Hall. I repeat: Zombies are planning to attack City Hall this afternoon! [Updated coverage from the scene below]

Oh, wait, it looks like it’s actually going to be City College of San Francisco students and supporters — dressed as zombies and other Halloween creatures — that will be descending on City Hall around 4pm today (Thurs/31). Okay, maybe this isn’t as big a deal as an actual zombie attack, but it’s still newsworthy.

The faux-zombies came to see Mayor Ed Lee to demand that he stop supporting the state takeover of CCSF and that he stand up for local control over this important, low-cost educational institution. The San Francisco-elected college’s board of trustees’ powers were given to Special Trustee Bob Agrella, who was in turn appointed by the California Community College Chancellor Brice Harris.

At the rally Alisa Messer, CCSF’s local faculty union president, called for Lee to push for the board’s reinstatement.

“We’re calling on Mayor Lee to ask the state chancellor to restore democracy at City College,” Messer said, “We want our board restored next year. Not two years from now, not three years from now, next year!” 

She also called on the mayor to demand that Accrediting Commission for Community and Junior Colleges restore CCSF’s accreditation immediately.

Christine Falvey, the mayor’s spokesperson, wrote in an email to the Guardian that the mayor supports efforts to save CCSF — but only the ones he thinks will work.

“The mayor has said these are difficult times for the college, but that this is the time to commit to true reforms,” she wrote. “The mayor wants to focus his efforts on activities that will ultimately help the college stay open.” 

When asked if the mayor supported City Attorney Dennis Herrera’s lawsuit against the ACCJC meant to stop the closure of CCSF, she responded that the lawsuit may “go up and beyond” critical deadlines to save the college. The mayor has so far shown no support for any of the efforts to combat the ACCJC, despite multiple lawsuits against the accreditors as well as condemnation from the U.S. Department of Education of their practices.

The zombie march will began at 3:30pm, at the CCSF Downtown Campus, 750 Eddy Street, and hundreds of protesters arrived at City Hall around 4pm — to see if there’s anyone in City Hall with any brains.