City College of San Francisco

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: Sept 17-23, 2014

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Leather and Feathers: AIDS Emergency Fund’s Annual Gala

Temple Nightclub, 540 Howard, SF. 7pm, $125. For the second year, the San Francisco AIDS Emergency Fund is hosting its annual gala, Leather and Feathers, to raise money for clients. This year, the organization is proud to debut Fantasy Runway, where community members will strut their finest leather, fetish gear, and drag.

FRIDAY 19

 

League of Women Voters’ District 6 Candidate Forum

Golden Gate University, Room 2201, 536 Mission, SF. 6-8pm, free. Incumbent Jane Kim, and challengers Michael Nulty, David Carlos Salaverry, and Jamie Whitaker are invited to take questions from the San Francisco League of Women Voters and audience members regarding the race for the District 6 supervisor position. The forum is free and open to the public, with seating on a first-come, first-serve basis.

 

Dan Choi: Fight for City College

Barry’s Bootcamp, 236 King Street, SF. pro-choi.com. 9:00pm-midnight, $25 pre-sale, $50 at door. Dan Choi, a candidate for the City College Board and a key player in the “Don’t Ask, Don’t tell” repeal movement, will host this event and fundraiser for Fight for City College. That organization is fighting to save the threatened LGBT studies program at City College of San Francisco. Enjoy cocktails and hors d’oeuvres by Skyy Cocktails, as well as musical entertainment, during the event.

SUNDAY 21

 

Transit History Bicycle Tour

Eric Quezada Center for Culture and Politics, 518 Valencia, SF. noon-3pm, $15–$50 suggested donation. Chris Carlsson, of Shaping San Francisco, will lead this bicycle tour of San Francisco’s transit history. He’ll highlight locations linked to San Francisco transit history, such as the Freeway Revolt in Hayes Valley, the creation of The Wiggle, Critical Mass and bicycle activism in San Francisco, the United Railroads Strike, and nostalgic F-line cars. The tour will wrap up at Pier 36 with a look at San Francisco’s first Clipper ships. NorCal People’s Climate Rally Lake Merritt Amphitheater, Lake Merritt Blvd and 12th St., Oakl. peoplesclimatemarch.org. 2-5pm, free. Join activists and community members in a family-friendly settling for a rally in solidarity with the People’s Climate Rally in NYC, which will bring together environmental organizations, trade unions, and social justice groups nationwide for a gathering just before the Sept. 24th UN Climate Summit of world leaders. The Oakland demonstration, in support of the larger movement in NYC, will feature “Climate Fair” with a host of Bay Area environmental organizations that are focused on climate change.

Waiting for answers

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rebecca@sfbg.com

As word spread to San Francisco that police in Ferguson, Mo., were taking reporters into custody and firing tear gas at demonstrators outraged by the death of Mike Brown, a small group of writers and organizers with ties to the Mission District was gearing up to hold street demonstrations of its own.

On Aug. 21 and 22, they staged vigils and a march and rally in memory of a different shooting victim: Alejandro (“Alex”) Nieto, who died suddenly in Bernal Heights Park on March 21 after being struck by a volley of police bullets.

Despite palpable anger expressed during the events held to mark five months since Nieto’s death, it was a far cry from the angry demonstrations unleashed on the streets of Ferguson, where it was like something stretched too far and snapped.

People who knew Nieto gathered for a sunset vigil in Bernal Heights Park at the place where he was killed. They returned the following morning for a sunrise vigil, incorporating a spiritual element with Buddhist chanting. Hours later, in a march preceded by dancers who spun in the streets, donning long feathered headdresses and ankle rattles made out of hollowed tree nuts, they progressed from Bernal Hill to the San Francisco Federal Building.

Despite a visible police mobilization, the protests remained peaceful, with little interaction between officers and demonstrators. Instead, the focus remained on the contents of a civil rights complaint filed Aug. 22 by attorney John Burris, famous for his track record of representing victims of police violence.

Burris, who is representing Nieto’s parents, said he rejected the SFPD’s explanation of why officers were justified in discharging their weapons and killing Nieto. “What we will seek to do is to vindicate his interests, his good name, and to show through the evidence that the narrative put forth by the police was just flat-out wrong,” Burris said at the rally.

Nieto’s encounter with police arose because a 911 caller erroneously reported that he had a black handgun, leading police to enter the park in search of a gunman. In reality, Nieto possessed a Taser, not a firearm. On the night he was killed, he’d gone to the park to eat a burrito just before starting his shift as a part-time security guard at a nightclub, where all the guards carry Tasers. In addition to working at that job, Nieto, who was 28, had been studying administration of justice at City College of San Francisco in hopes of becoming a youth probation officer.

Days after the shooting, police said Nieto had pointed his Taser at officers when they approached. At a March 26 town hall meeting convened shortly after the incident, Police Chief Greg Suhr told attendees that Nieto had “tracked” officers with his Taser, emitting a red laser.

“When the officers asked him to show his hands, he drew the Taser from the holster. And these particular Tasers, as soon as they’re drawn, they emit a dot. A red dot,” Suhr said, adding that Nieto had verbally challenged officers when they asked him to drop his weapon. “When the officers saw the laser sight on them, tracking, they believed it to be a firearm, and they fired at Mr. Nieto.”

Yet attorney Adante Pointer, of Burris’s law office, told the Bay Guardian that a person claiming to be an eyewitness to the shooting has come forward with a different account. The witness, whose identity Pointer did not disclose, said he never saw Nieto draw his Taser and did not hear any verbal exchange prior to bullets being fired.

“To suggest that he’d engaged in the most ridiculous outrageous conduct, of pointing a … Taser at the police when they had guns drawn, is insulting,” Burris said at the rally.

The version of events included in the complaint, which Pointer said was based in part on witness accounts, differs greatly from the SFPD account.

“An SFPD patrol car entered the park and drove up a fire trail before stopping approximately 75 to 100 feet away from Mr. Nieto who at that time was casually walking down the jogging trail to the park’s entrance,” Burris’ complaint states. “Two officers emerged from the patrol car and immediately took cover using their car for protection. Several other officers had also gathered on the jogging path, appeared to be carrying rifle-type guns and were positioned behind Mr. Nieto. One of the officers behind the patrol car called out and ordered Mr. Nieto to ‘stop.’ Within seconds a quick volley of bullets were fired at Mr. Nieto. No additional orders or any other verbal communication was heard between the first officer yelling ‘stop’ and the initial volley of gunfire that rang out.”

SFPD spokesperson Albie Esparza told us the department was unable comment on the matter because “anytime there’s a lawsuit, we cease to speak to anybody about that.”

Adriana Camarena, an author and Mission District resident who helped organize the rally, decried the lack of transparency surrounding the Nieto case in comments delivered outside the Federal Building.

“For five months, city officials have kept sealed all records that could explain what happened on March 21 2014,” Camarena charged. “For five months, SFPD, the Police Commission, the District Attorney’s Office, the Medical Examiner’s Office, and the mayor have maintained in secrecy the names of the four officers who killed Alex Nieto, the original 911 calls, eyewitness reports, the number of bullets fired, and the autopsy report. For five months, the Nieto family has been kept in the dark about the facts that could ease some of their trauma about what happened the day that police killed their son.”

Mike Brown was shot and killed by a police officer in Ferguson on Aug. 9. On Aug. 11, following angry demonstrations, police said they would release the name of the officer who shot Brown — but declined to do so Aug. 12, citing fears over the officer’s safety and threats communicated via social media. Yet on Aug. 15, Officer Darren Wilson was identified by officials as the person who shot Brown.

In San Francisco, the names of the four officers who shot Nieto have not been released. Esparza told the Guardian that this was because “there’s specified credible threats against the officers’ lives,” citing a Supreme Court ruling determining that law enforcement agencies can withhold this information under such circumstances.

In addition to the federal civil complaint, friends and supporters of Nieto delivered a petition with almost 1,000 signatures to the U.S. Department of Justice, calling for a federal investigation into the shooting.

Multiple investigations are underway at the local level, but have been stalled due to one missing piece: an autopsy report to be issued by the San Francisco Medical Examiner. Despite the delay in releasing the formal autopsy results, “We did see the body and we did take photographs of it,” Burris noted, referring to his office’s review of the body after it was released to Nieto’s family for burial. Based on that review, Burris said attorneys determined that Nieto had been shot by police more than 10 times.

We placed multiple phone calls to the offices of the Medical Examiner and the District Attorney seeking details about the status of the investigation and to ask about the delay, but received no response.

However Bill Barnes, a spokesperson for the City Administrator’s Office, which the Medical Examiner’s Office reports to, told us the timing of the report is consistent with that of other complex homicide investigations. Barnes added that the Medical Examiner’s Office is waiting on the results of a second toxicology report. The initial results were inconclusive, he said, so another round of testing was initiated.

But that explanation does little to quell the anger of activists who say the SFPD is merely seeking to cover up an unjustified shooting. Pointer said he could see no reason for information being withheld for five months.

“There’s no reason as to why the information that this family deserves as to how their son — our brother, our friend, our leader, our organizer — met his death,” he said at the rally. “There’s just no reason why that story hasn’t been told. If you, the police department, had been justified, why not be transparent? Why not open up your files and let us inspect it so that we can see that what you’re saying is the truth?”

Federal complaint filed over death of Alex Nieto as supporters vow to keep fighting

Protests have sprung up throughout the week in San Francisco, Oakland, and nationwide in response to the police shooting of 18-year-old Mike Brown in Ferguson, MO.

This afternoon [Fri/22], at the San Francisco Federal Building, a similar rally took place – only this one was in memory of a different shooting victim, Alejandro (“Alex”) Nieto, who was gunned down by San Francisco police officers five months ago. Nieto, who died at the age of 28, had been pursuing a career as a juvenile probation officer and studying at City College of San Francisco. 

There’s much to say regarding recent developments in this case – Attorney John Burris, who is representing Nieto’s parents, Refugio and Elvira Nieto, filed a federal civil rights lawsuit today alleging wrongful death and violation of civil rights.

Shortly before Nieto was killed on March 21, a person had dialed 911 to report seeing a man in Bernal Heights Park with a gun. In reality Nieto, who worked part-time as a security guard, had a Taser in his holster, not a firearm. But the call sent police vehicles racing into the park in pursuit of a gunman.

What transpired next is in dispute: Police say Nieto pointed his Taser at officers, causing them to mistake it for a firearm and discharge their weapons. Yet Burris offered a very different account in the federal complaint, based on the account of an eyewitness, audio recordings, and other information gathered independently by attorneys and community supporters. “Based upon the witnesses’ accounts there, in fact, was no justification for this unwarranted use of deadly force as contrary to the Defendants’ claims, they did not hear Mr. Nieto threaten anyone or see him attempt to grab or point any object at the officers prior to being shot,” the compaint charges.

Investigations currently underway at the local level have been delayed by a Medical Examiner’s report, according to attorney Adante Pointer, who works with Burris. The Medical Examiner’s office did not return phone calls from the Bay Guardian, but Bill Barnes, a spokesperson for the City Administrator, said in an interview that the Medical Examiner’s office is waiting on the results of a toxicology report. Initial results were inconclusive, Barnes added, so another round of testing is underway.

Look for a more in-depth story in next week’s Bay Guardian.

But for now, give a listen to what activism around issues of police violence sounds like when it’s coming out of the Mission District of San Francisco.

Longtime organizer Roberto Hernandez, who worked alongside his father and Cesar Chavez decades ago in the United Farm Workers’ movement, delivered some comments outside the San Francisco Federal Building today when activists who had marched from Bernal Heights Park gathered for a rally in memory of Nieto. Hernandez was there with his son, Tito, who also led the crowd in some chants.

Trans former prisoner honored as civil rights hero

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For 38 years, the Harvey Milk LGBT Democratic Club has celebrated queer progressive politics in San Francisco with its annual Dinner and Gayla, held this year at the Mission campus of the endangered City College of San Francisco.

A slew of awards went out to commemorate the contributions of elected officials and advocates who went to battle to save City College from losing its accreditation, a fate that would bring the college’s 79-year history to a grinding halt while leaving 90,000 students in the lurch with few other options. Activists from San Francisco’s Housing Rights Committee also won accolades for organizing to defend long-term tenants from eviction.

The evening’s keynote speaker and guest of honor was CeCe McDonald, a transgender African American woman who served a 17-month prison term for what she’s described as an act of self-defense in response to a transphobic attack. She was with friends in Minneapolis in July 2011 when an attacker made racist and homophobic comments and then assaulted her; in the end, he was fatally stabbed with her pair of scissors.

A campaign clamoring for McDonald’s freedom drew nationwide attention as supporters rallied in her defense, saying she shouldn’t have been incarcerated for surviving a hate crime. Her story is now the subject of a documentary that’s being co-produced by actress Laverne Cox, who portrays an incarcerated trans woman in Orange is the New Black.

Honored with the Milk Club’s Bayard Rustin Civil Rights Award, McDonald gave an emotional speech.

“I never thought I would make it past the age of 16, and to know that I’m here, 10 years later, really means a lot to me,” she said. “It’s really important for me to have a voice. There is a revolution brewing, and I’m so glad that I’m a part of it. … For me, I’ve been through so much, and I would never regret one part of it, because it made me a stronger person. It made me realize that I’m worth something. It made me realize I’m put on this planet for a reason. Nothing is ever going to take that away from me. I swear I’m going to fight the fight to the end.”

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.

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 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.

Tune in to SFBG’s Alternative Ink, sickout edition! LISTEN NOW

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Spend your Sunday night with the dedicated staff here at the Bay Guardian, for two hours of local music and lively, information talk during our bi-weekly Alternative Ink radio show from 6-8pm Sunday, June 8, on BFF.fm. UPDATE: Listen to the show here

This week will be our sickout labor edition, where we talk Muni and the Bay Area labor movement. We’ll probably toast a few brews to Harry Bridges while we’re at it. 

Music Editor Emma Silvers will be laying down the tracks and checking our levels, so to speak, while News Editor Rebecca Bowe and Staff Writer Joe Fitzgerald Rodriguez provide the inside scoops.

We’ll also be talking about the newest developments with Ryan Chamberlain, who allegedly posessed explosives, the brewing battle between Uber and SFO, as well as the big fight over City College of San Francisco. And whatever else springs to mind. So tune in or check back later to this post to listen to the audio link. 

Student protesters file claim against City College and SF citing injuries, defamation

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Student protesters filed a claim against City College of San Francisco and the city and county of San Francisco today, citing excessive use of force by San Francisco Police Department and City College police officers.

The claim is a first step before filing a lawsuit against San Francisco, and was announced at a press conference earlier today [Tues/27] at City College’s Ocean Campus. The two students filing the claim, Dimitrios Philliou and Otto Pippenger, may seek over $10,000 in damages, according to the claim. They allege they were physically and emotionally injured by police violence in a March 13 protest against City College’s state-appointed Special Trustee Bob Agrella, who entirely replaced City College’s elected Board of Trustees. 

The two students also asked for the college’s chancellor, Arthur Q. Tyler, to retract his public statements they say casts blame for the violence on the protesters.

“I think everyone on the City College campus and in the larger community agree that violence is not a means to solving disagreement,” Tyler wrote in an email addressed to the college’s student body, faculty and staff shortly after the protest. The two students said they were defamed publicly to students and faculty.

“The public statement blaming protesters reached tens of thousands of people at the school I go to,” Pippenger said at the press conference.

Tyler was not available for comment as he is on a business trip in Texas, his staff told us. City College spokesperson Jeff Hamilton would not comment due to the pending litigation.

The two students are represented by Rachel Lederman, the president of the National Lawyers Guild San Francisco Bay Area chapter.

The protest erupted in response to the special trustee allegedly curtailing democracy at City College. The school is in a fight for its life, and Agrella’s role is to see the college maintains its accreditation. But he said the urgency to save the school was sufficient reason to halt public meetings and public comments which used to be standard practice under the college’s board.

dfornone

Previous coverage: Check out “Democracy For None,” recounting the March 13 City College protest and the state of democracy at the school.

That removed an important place for students to decry policy changes, such as class cuts that harm the most vulnerable, Philliou and Pippenger alleged. Eventually, the protesters’ cries reached Agrella and he partially restored public board meetings, though they are not broadcast nor recorded. 

It’s a small victory, and it took the injuries of the two students filing claims, Phillou and Pippenger, to draw media attention to their plight. Philliou said students and faculty at the protest “were met by attacks from police and were beaten, brutalized, attacked, and arrested.” 

He later experienced sleep deprivation, emotional torment, and has since felt unsafe while at school. Agrella refused to speak to him, Phillou said, and he was instead “met with brutality.”

Pippenger described how he sustained his injuries speaking slowly, and methodically.

“At the height of the violence, right there,” he said at the site of the conflict, pointing behind him to where he was beaten, “I was first struck repeatedly with fists, and then thrown to the concrete and restrained by a number of officers. I was then beaten on the pavement, insensate and unbreathing beneath five or six bodies, as one officer punched me in the back of the head and against the pavement. My fists were broken, and I sustained a concussion.” 

coppunchesstudent

 

In the animated GIF above, student protester Otto Pippenger is held on the ground, face against the cement, while an officer throws a punch to the back of his head. The full video is at the bottom of this post.

It is SFPD policy not to comment once a claim has been filed, police spokesperson Officer Albie Esparza told the Guardian. The City Attorney’s Office, who would represent the city and the police, had not yet seen the text of the claim. 

 

Since the protest, Tyler convened three open meetings aimed at improving campus discourse, and to gain insight into how to handle student demonstrations in the future. A newly formed school task force on “Civil Discourse and Campus Climate” has been appointed and will soon have its first meeting.

For more background, see our previous coverage of the bloody protest in “Democracy for None [3/18].”

Rep Clock: May 14 – 20, 2014

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Schedules are for Wed/14-Tue/20 except where noted. Director and year are given when available. Double and triple features marked with a •. All times pm unless otherwise specified.

ARTISTS’ TELEVISION ACCESS 992 Valencia, SF; www.atasite.org. $6-10. Films by SF State University’s experimental documentary class, Thu, 7:30. “Other Cinema,” contemporary sound and video art works by Derek G, Tommy Becker, and others, Sat, 8:30.

BALBOA THEATRE 3630 Balboa, SF; cinemasf.com/balboa. $7.50-10. “Popcorn Palace:” Wallace and Gromit: The Curse of the Were-Rabbit (Box and Park, 2005), Sat, 10am. Matinee for kids.

CASTRO 429 Castro, SF; (415) 621-6120, www.castrotheatre.com. $8.50-11. “KQED presents: An Evening with Ken Burns:” The Roosevelts: An Intimate History (Burns, 2014), Wed, 7:30. Sneak preview of new miniseries to air in September on PBS; this event, $20-25 at www.cityboxoffice.com. •Drugstore Cowboy (Van Sant, 1989), Thu, 7, and Trainspotting (Boyle, 1996), Thu, 8:55. “Epidemic Film Festival,” works by Academy of Art University students, with a speech by cinematographer Rodrigo Prieto, Fri, 4-8. •Raiders of the Lost Ark (Spielberg, 1981), Sat, 2:30, 7, and Romancing the Stone (Zemeckis, 1984), Sat, 4:45, 9:15. •A Streetcar Named Desire (Kazan, 1951), Sun, 2:15, 7, and Who’s Afraid of Virginia Woolf? (Nichols, 1966), Sun, 4:35, 9:15.

CHRISTOPHER B. SMITH RAFAEL FILM CENTER 1118 Fourth St, San Rafael; (415) 454-1222, www.cafilm.org. $6.50-$10.75. Palo Alto (Coppola, 2013), May 16-22, call for times. “Mark Cantor Presents Jazz at the Movies,” Sun, 6. This event, $15-25.

CITY COLLEGE OF SAN FRANCISCO Diego Rivera Theatre, 50 Phelan, SF; www.ccsf.edu. Free. “CCSF City Shorts Student Film Festival,” Thu, 7.

CLAY 2261 Fillmore, SF; www.landmarktheatres.com. $10. “Midnight Movies:” Dirty Harry (Siegel, 1971), Sat, midnight.

“HIMALAYAN FILM FESTIVAL” Ninth Street Independent Film Center, 145 Ninth St, Suite 250, SF; and Himalayan Fair Grounds, Live Oak Theater, 1301 Shattuck, Berk; www.himalayanfilmfest.com. $10-20 (festival pass, $40). Documentary and narrative films from Nepal, Bhutan, and Tibet. Fri-Sat.

MECHANICS’ INSTITUTE 57 Post, SF; milibrary.org/events. $10. “CinemaLit Film Series: Comedy Tonight:” Stir Crazy (Poitier, 1980), Fri, 6.

ROXIE 3117 and 3125 16th St, SF; (415) 863-1087, www.roxie.com. $6.50-11. Documented: A Film By An Undocumented American (Vargas, 2013), May 15-21, 7, 9. Director Jose Vargas in person at Thu-Fri shows. NOW: In the Wings on the World Stage (Whelehan, 2014), Wed-Thu, 7, 9. “I Wake Up Dreaming 2014: Dark Treasures from the Warner Archive:” •Stranger on the Third Floor (Ingster, 1940), Fri, 6:30, 9:30, and The Unsuspected (Curtiz, 1947), Fri, 8; •Love is a Racket (Wellman, 1932), Sat, 2, and Ladies They Talk About (Bretherton and Keighley, 1933), Sat, 3:30; •Nora Prentiss (Sherman, 1947), Sat, 7:30, and The Unfaithful (Sherman, 1947), Sat, 5:15, 9:45; •Angels in Disguise (Yarbrough, 1948), Sun, 2, and Fall Guy (Le Borg, 1947), Sun, 3:15, and When Strangers Marry (Castle, 1944), Sun, 4:30; •The Window (Tetzlaff, 1949), Sun, 6:30, 9:45, and The Locket (Brahm, 1946), Sun, 8; •Two Seconds (Le Roy, 1932), Mon, 6:30, 9:40, and 20,000 Years in Sing Sing (Curtiz, 1932), Mon, 8; •A Woman’s Secret (Ray, 1949), Tue, 6:15, 9:45, and Tomorrow is Another Day (Feist, 1951), Tue, 8.

YERBA BUENA CENTER FOR THE ARTS 701 Mission, SF; www.ybca.org. $8-10. “Astonishing Animation: The Films of Hayao Miyazaki and Studio Ghibli:” Pom Poko (Takahata, 1994), Thu, 7:30 and Sat, 5; Castle in the Sky (Miyazaki, 1986), Sat, 7:30 and Sun, 3; My Neighbor Totoro (Miyazaki, 1988), Sun, 1. *

 

Guardian endorsements

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OUR CLEAN SLATE VOTERS GUIDE TO TAKE TO THE POLLS IS HERE.

 

Editor’s Note: Election endorsements have been a long and proud part of the Guardian’s 48-year history of covering politics in San Francisco, the greater Bay Area, and at the state level. In low-turnout elections like the one we’re expecting in June, your vote counts more than usual, and we hope our endorsements and explanations help you make the best decisions.

 

GOVERNOR: JERRY BROWN

There is much for progressives to criticize in Jerry Brown’s latest stint as governor of California. He has stubbornly resisted complying with federal court orders to substantially reduce the state’s prison population, as well as shielding the system from needed journalistic scrutiny and reforms of solitary confinement policies that amount to torture. Brown has also refused to ban or limit fracking in California, despite the danger it poses to groundwater and climate change, irritating environmentalists and fellow Democrats. Even Brown’s great accomplishment of winning passage for the Prop. 30 tax package, which eased the state back from financial collapse, sunsets too early and shouldn’t have included a regressive sales tax increase. Much more needs to be done to address growing wealth disparities and restore economic and educational opportunity for all Californians.

For these reasons and others, it’s tempting to endorse one of Brown’s progressive challenges: Green Party candidate Luis Rodriguez or Peace and Freedom Party candidate Cindy Sheehan (see “Left out,” April 23). We were particularly impressed by Rodriguez, an inspiring leader who is seeking to bring more Latinos and other marginalized constituencies into the progressive fold, a goal we share and want to support however we can.

But on balance, we decided to give Brown our endorsement in recognition of his role in quickly turning around this troubled state after the disastrous administration of Arnold Schwarzenegger — and in the hope that his strong leadership will lead to even greater improvement over his next term. While we don’t agree with all of his stands, we admire the courage, independence, and vision that Brown brings to this important office. Whether he is supporting the California High-Speed Rail Project against various attacks, calling for state residents to live in greater harmony with the natural world during the current drought, or refusing to shrink from the challenges posed by global warming, Jerry Brown is the leader that California needs at this critical time.

 

LIEUTENANT GOVERNOR: GAVIN NEWSOM

Gavin Newsom was mayor of San Francisco before he ascended to the position of Lieutenant Governor, and we at the Bay Guardian had a strained relationship with his administration, to put it mildly. We disagreed with his fiscally conservative policies and tendency to align himself with corporate power brokers over neighborhood coalitions. As lieutenant governor, Newsom is tasked with little — besides stepping into the role of governor, should he be called upon to do so — but has nevertheless made some worthwhile contributions.

Consider his stance on drug policy reform: “Once and for all, it’s time we realize that the war on drugs is nothing more than a war on communities of color and on the poor,” he recently told a crowd at the Democratic Party convention in Los Angeles. “It is fundamentally time for drug policies that recognize and respect the full dignity of human beings. We can’t wait.” In his capacity as a member of the UC Board of Regents, Newsom recently voted against a higher executive compensation package for a top-level administrator, breaking from the pack to align with financially pinched university students. In Sacramento, Newsom seems to come off as more “San Francisco” than in his mayoral days, and we’re endorsing him against a weak field of challengers.

 

SECRETARY OF STATE: DEREK CRESSMAN

Although the latest Field Poll shows that he has only single-digit support and is unlikely to make the November runoff, we’re endorsing Derek Cressman for Secretary of State. As a longtime advocate for removing the corrupting influence of money from politics through his work with Common Cause, Cressman has identified campaign finance reform as the important first step toward making the political system more responsive to people’s needs. As Secretary of State, Cressman would be in a position to ensure greater transparency in our political system.

We also like Alex Padilla, a liberal Democrat who has been an effective member of the California Senate. We’ll be happy to endorse Padilla in November if he ends up in a runoff with Republican Pete Peterson, as the current polling seems to indicate is likely. But for now, we’re endorsing Cressman — and the idea that campaign finance reform needs to be a top issue in a state and country that are letting wealthy individuals and corporations have disproportionate influence over what is supposed to be a democracy.

 

CONTROLLER: BETTY YEE

The pay-to-play politics of Leland Yee and two other California Democrats has smeared the Assembly. Amid the growls of impropriety, a report by the Center for Investigative Reporting has painted Speaker of the Assembly John Perez, a leading candidate for Controller, with a similar brush. CIR revealed Perez raised money from special interest groups to charities his lover favored, a lover later sued for racketeering and fraud.

Betty Yee represents an opportunity for a fresh start. On the state’s Board of Equalization she turned down campaign donations from tobacco interests, a possible conflict of interest. She also fought for tax equity between same-sex couples. The Controller is tasked with keeping watch on and disbursing state funds, a position we trust much more to Yee’s careful approach than Perez’s questionable history. Vote for Yee.

 

TREASURER: JOHN CHIANG

While serving as California’s elected Controller, John Chiang displayed his courage and independence by refusing to sign off on budgetary tricks used by then-Gov. Arnold Schwarzenegger and some legislative leaders, insisting on a level of honesty that protected current and future Californians. During those difficult years — as California teetered on the brink of bankruptcy, paralyzed by partisan brinksmanship each budget season, written off as a failed state by the national media — Chiang and retiring Treasurer Bill Lockyer were somehow able to keep the state functioning and paying its bills.

While many politicians claim they’ll help balance the budget by identifying waste and corruption, Chiang actually did so, identifying $6 billion by his estimate that was made available for more productive purposes. Now, Chiang wants to continue bringing fiscal stability to this volatile state and he has our support.

 

ATTORNEY GENERAL: KAMALA HARRIS

Kamala Harris has kept the promise she made four years ago to bring San Francisco values into the Attorney General’s Office, focusing on the interests of everyday Californians over powerful vested interests. That includes strengthening consumer and privacy protections, pushing social programs to reduce criminal recidivism rather than the tough-on-crime approach that has ballooned our prison population, reaching an $18 billion settlement with the big banks and mortgage lenders to help keep people in their homes, and helping to implement the Affordable Care Act and the legalization of same-sex marriage in the state.

Harris has maintained her opposition to the death penalty even though that has hurt her in the statewide race, and she brings to the office an important perspective as the first woman and first African American ever to serve as the state’s top law enforcement officer. While there is much more work to be done in countering the power of wealthy individuals and corporations and giving the average Californian a stronger voice in our legal system, Harris has our support.

 

INSURANCE COMMISSIONER: DAVE JONES

We’ve been following Dave Jones’s legislative career since his days on the Sacramento City Council and through his terms in the California Legislature, and we’ve always appreciated his autonomy and progressive values. He launched into his role as Insurance Commissioner four years ago with an emergency regulation requiring health insurance companies to use no more than 20 percent of premiums on profits and administrative costs, and he has continued to do what he can to hold down health insurance rates, including implementing the various components of the Affordable Care Act.

More recently, Jones held hearings looking at whether Uber, Lyft, and other transportation network companies are adequately insured to protect both their drivers and the general public, concluding that these companies need to self-insure or otherwise expand the coverage over their business. It was a bold and important move to regulate a wealthy and prosperous new industry. Jones deserves credit for taking on the issue and he has earned our endorsement.

 

SUPERINTENDENT OF SCHOOLS: TOM TORLAKSON

This race is a critical one, as incumbent Tom Torlakson faces a strong challenge from the charter school cheerleader Marshall Tuck. An investment banker and Harvard alum, Tuck is backed by well-heeled business and technology interests pushing for the privatization of our schools. Tech and entertainment companies are pushing charter schools heavily as they wait in the wings for lucrative education supply contracts, for which charter schools may open the doors. And don’t let Waiting for Superman fool you, charter schools’ successful test score numbers are often achieved by pushing out underperforming special needs and economically disadvantaged students.

As national education advocate Diane Ravitch wrote in her blog, “If Tuck wins, the privatization movement will gain a major stronghold.” California ranks 48th in the nation in education spending, a situation we can thank Prop. 13 for. We’d like to see Torlakson advocate for more K-12 school dollars, but for now, he’s the best choice.

 

BOARD OF EQUALIZATION: FIONA MA

Fiona Ma was never our favorite member of the San Francisco Board of Supervisors, and in the California Legislature, she has seemed more interested in party politics and leadership than moving legislation that is important to San Francisco. There are a few exceptions, such as her attempts last year to require more employers to offer paid sick days and to limit prescription drug co-payments. But she also notoriously tried to ban raves at public venues in 2010, a reactionary bill that was rejected as overly broad.

But the California Board of Equalization might just be a better fit for Ma than the Legislature. She’s a certified public accountant and would bring that financial expertise to the state’s main taxing body, and we hope she continues in the tradition of her BOE predecessor Betty Yee in ensuring the state remains fair but tough in how it collects taxes.

 

ASSEMBLY, DISTRICT 17: DAVID CAMPOS

The race to replace progressive hero Tom Ammiano in the California Assembly is helping to define this important political moment in San Francisco. It’s a contest between the pragmatic neoliberal politics of Board of Supervisors President David Chiu and the populist progressive politics of Sup. David Campos, whom Ammiano endorsed to succeed him.

It’s a fight for the soul of San Francisco, a struggle to define the values we want to project into the world, and, for us at the Bay Guardian, the choice is clear. David Campos is the candidate that we trust to uphold San Francisco’s progressive values in a state that desperately needs that principled influence.

Chiu emphasizes how the two candidates have agreed on about 98 percent of their votes, and he argues that his effectiveness at moving big legislation and forging compromises makes him the most qualified to represent us in Sacramento. Indeed, Chiu is a skilled legislator with a sharp mind, and if “getting things done” — the prime directive espoused by both Chiu and Mayor Ed Lee — was our main criterion, he would probably get our endorsement.

But when you look at the agenda that Chiu and his allies at City Hall have pursued since he came to power — elected as a progressive before pivoting to become a pro-business moderate — we wish that he had been a little less effective. The landlords, tech titans, Realtors, and Chamber of Commerce have been calling the shots in this city, overheating the local economy in a way that has caused rapid displacement and gentrification.

“Effective for whom? That’s what’s important,” Campos told us during his endorsement interview, noting that, “Most people in San Francisco have been left behind and out of that prosperity.”

Campos has been a clear and consistent supporter of tenants, workers, immigrants, small businesses, environmentalists — the vast majority of San Franciscans, despite their lack of power in City Hall. Chiu will sometimes do right by these groups, but usually only after being pushed to do so by grassroots organizing and lobbying efforts.

Campos correctly points out that such lobbying is more difficult in Sacramento, with its higher stakes and wider range of competing interests, than it is on the local level. Chiu’s focus on always trying to find a compromise often plays into the hands of wealthy interests, who sometimes just need to be fought and stopped.

We have faith in Campos and his progressive values, and we believe he will skillfully carry on the work of Ammiano — who is both an uncompromising progressive and an effective legislator — in representing San Francisco’s values in Sacramento.

 

ASSEMBLY, DISTRICT 19: PHIL TING

Incumbent Phil Ting doesn’t have any challengers in this election, but he probably would have won our support anyway. After proving himself as San Francisco’s Assessor, taking a strong stance against corporate landowners and even the Catholic Church on property assessments, Ting won a tough race against conservative businessman Michael Breyer to win his Assembly seat.

Since then, he’s been a reliable vote for legislation supported by most San Franciscans, and he’s sponsoring some good bills that break new ground, including his current AB 1193, which would make it easier to build cycletracks, or bike lanes physically separated from cars, all over the state. He also called a much-needed Assembly committee hearing in November calling out BART for its lax safety culture, and we hope he continues to push for reforms at that agency.

 

PROPOSITION 41: YES

Over a decade ago, Californians voted to use hundreds of millions of our dollars to create the CalVet Home and Farm Loan Program to help veterans purchase housing. But a reduction in federal home loan dollars, the housing crisis, and a plummeting economy hurt the program.

Prop. 41 would repurpose $600 million of those bond funds and raise new money to create affordable housing rental units for some of California’s 15,000 homeless veterans. This would cost Californians $50 million a year, which, as proponents remind us, is one-tenth of 1 percent of the state budget. Why let hundreds of millions of dollars languish unused? We need to reprioritize this money to make good on our unfulfilled promises to homeless veterans.

 

PROPOSITION 42: YES

This one’s important. Last year, Gov. Jerry Brown sought to gut the California Public Records Act by making it optional for government agencies to comply with many of the requirements built into this important transparency law. The CPRA and the Ralph M. Brown Act require government agencies to make records of their activities available for public scrutiny, and to provide for adequate notice of public meetings. Had the bill weakening these laws not been defeated, it would have removed an important defense against shadowy government dealings, leaving ordinary citizens and journalists in the dark.

Prop. 42 is a bid to eliminate any future threats against California’s important government transparency laws, by expressly requiring local government agencies — including cities, counties, and school districts — to comply with all aspects of the CPRA and the Brown Act. It also seeks to prevent local agencies from denying public records requests based on cost, by eliminating the state’s responsibility to reimburse local agencies for cost compliance (the state has repeatedly failed to do so, and local bureaucracies have used this as an excuse not to comply).

 

SF’S PROPOSITION A: YES

Prop. A is a $400 million general obligation bond measure that would cover seismic retrofits and improvements to the city’s emergency infrastructure, including upgrades to the city’s Emergency Firefighting Water System, neighborhood police and fire stations, a new facility for the Medical Examiner, and seismically secure new structures to house the police crime lab and motorcycle unit.

The Board of Supervisors voted unanimously to place Prop. A on the ballot, and a two-thirds majority vote is needed for it to pass. Given that San Franciscans can expect to be hit by a major earthquake in the years to come, upgrading emergency infrastructure, especially the high-pressure water system that will aid the Fire Department in the event of a major blaze, is a high priority.

 

SF’S PROPOSITION B: YES

As we report in this issue (see “Two views of the waterfront”), San Francisco’s waterfront is a valuable place targeted by some ambitious development schemes. That’s a good thing, particularly given the need that the Port of San Francisco has for money to renovate or remove crumbling piers, but it needs to be carefully regulated to maximize public benefits and minimize private profit-taking.

Unfortunately, the Mayor’s Office and its appointees at the Port of San Francisco have proven themselves unwilling to be tough negotiators on behalf of the people. That has caused deep-pocketed, politically connected developers to ignore the Waterfront Land Use Plan and propose projects that are out-of-scale for the waterfront, property that San Francisco is entrusted to manage for the benefit of all Californians.

All Prop. B does is require voter approval when projects exceed existing height limits. It doesn’t kill those projects, it just forces developers to justify new towers on the waterfront by providing ample public benefits, restoring a balance that has been lost. San Francisco’s waterfront is prime real estate, and there are only a few big parcels left that can be leveraged to meet the needs of the Port and the city. Requiring the biggest ones to be approved by voters is the best way to ensure the city — all its residents, not just the politicians and power brokers — is getting the best deals possible.

 

SF SUPERIOR COURT JUDGE: DANIEL FLORES

Daniel Flores has an impressive list of endorsers, including the Democratic, Republican, and Green parties of San Francisco — a rare trifecta of political party support. But don’t hold the GOP nod against Flores, who was raised in the Excelsior by parents who immigrated from El Salvador and who interned with La Raza Centro Legal while going to McGeorge School of Law. And he did serve in the Marines for six years, which could explain the broad range of support for him.

Flores is a courtroom litigator with experience in big firms and his own practice, representing clients ranging from business people to tenants fighting against their landlords. Flores told us that he wants to ensure those without much money are treated fairly in court, an important goal we support. We also liked Kimberly Williams and hope she ends up on the bench someday, but in this race, Flores is the clear choice.

 

CONGRESS, DISTRICT 12: NANCY PELOSI

This was a hard decision for us this year. Everyone knows that Pelosi will win this race handily, but in past races we’ve endorsed third party challengers or even refused to endorse anyone more often than we’ve given Pelosi our support. While Pelosi gets vilified by conservatives as the quintessential San Francisco liberal, she’s actually way too moderate for our tastes.

Over her 21 years in Congress, she has presided over economic policies that have consolidated wealth in ever fewer hands and dismantled the social safety net, environmental policies that have ignored global warming and fed our over-reliance on the private automobile, and military policies that expanded the war machine and overreaching surveillance state, despite her insider’s role on the House Intelligence Committee.

Three of her opponents — Democrat David Peterson, Green Barry Hermanson, and fiery local progressive activist Frank Lara of the Peace and Freedom Party — are all much better on the issues that we care about, and we urge our readers to consider voting for one of them if they just can’t stomach casting a ballot for Pelosi. In particular, Hermanson has raised important criticisms of just how out of whack our federal budget priorities are. We also respect the work Lara has done on antiwar and transit justice issues in San Francisco, and we think he could have a bright political future.

But we’ve decided to endorse Pelosi in this election for one main reason: We want the Democrats to retake the House of Representatives this year and for Pelosi to once again become Speaker of the House. The Republican Party in this country, particularly the Tea Party loyalists in the House, is practicing a dangerous and disgusting brand of political extremism that needs to be stopped and repudiated. They would rather shut the government down or keep it hopelessly hobbled by low tax rates than help it become an effective tool for helping us address the urgent problems that our country faces. Pelosi and the Democrats aren’t perfect, but at least they’re reasonable grown-ups and we’d love to see what they’d do if they were returned to power. So Nancy Pelosi has our support in 2014.

 

CONGRESS, DISTRICT 13: BARBARA LEE

Barbara Lee has been one of our heroes since 2001, when she was the only member of Congress to vote against the Authorization for the Use of Military Force Against Terrorists, braving the flag-waving nationalism that followed the 9/11 attacks on the World Trade Center and Pentagon to warn that such an overly broad declaration of war was dangerous to our national interests. She endured death threats and harsh condemnation for that principled stand, but she was both courageous and correct, with our military overreach still causing problems for this country, both practical and moral.

Lee has been a clear and consistent voice for progressive values in the Congress for 16 years, chairing both the Congressional Black Caucus and Congressional Progressive Caucus, taking stands against capital punishment and the Iraq War, supporting access to abortions and tougher regulation of Wall Street, and generally representing Oakland and the greater Bay Area well in Washington DC. She has our enthusiastic support.

 

CONGRESS, DISTRICT 14: JACKIE SPEIER

Jackie Speier has given her life to public service — almost literally in 1978 when she was an aide to then-Rep. Leo Ryan and survived the airstrip shootings that triggered the massacre at Jonestown — and she has earned our ongoing support. Speier has continued the consumer protection work she started in the California Legislature, sponsoring bills in Congress aimed at protecting online privacy. She has also been a strong advocate for increasing federal funding to public transit in the Bay Area, particularly to Muni and for the electricification of Caltrain, an important prelude to the California High-Speed Rail Project. In the wake of the deadly natural gas explosion in San Bruno, Speier has pushed for tough penalties on Pacific Gas & Electric and expanded pipeline safety programs. She has been a strong advocate of women’s issues, including highlighting the epidemic of sexual assault on college campuses and in the military, seeking greater protections, institutional accountability, and recourse for victims. More recently, Speier has become a key ally in the fight to save City College of San Francisco, taking on the federal accreditation process and seeking reforms. Speier is a courageous public servant who deserves your vote.

City College special trustee restores public comments, meetings

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Protests against City College of San Francisco’s leadership trumpeted grave concerns in the college community over the lack of public voice at the school. Now, some of those concerns have been resolved, and the beleagured CCSF is taking baby steps towards restoring democracy.

Special Trustee Robert Agrella announced via mass email today the return of public comment to City College board meetings, and, well, actual meetings. Local college officials praised the move as a step in the right direction.

“Perhaps the restoration of some level of openness will make people feel their voices are being heard,” said Fred Teti, the college’s Academic Senate president. The school’s senate only yesterday passed a resolution urging Agrella to restore public comment, Teti said, and with good reason.

Though the mention of board meetings may be elicit a shrug or a snooze for some, for City College students the right to speak out publicly to school leaders was important enough to be jailed over. Only last month, hundreds of student and faculty protesters stormed the school’s administrative building, and in the violent clash with SFPD and City College Police, one student was pepper-sprayed and another punched in the face.

Both were jailed afterward, and one of the students said all he wanted was a dialogue.

“We just want to have a conversation with Bob Agrella,” Dimitrious Phillou 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.”

And changes to City College are coming spitfire-fast. After they got word from their accreditors that they may close in July of this year, the school has scrambled to reshape classes offered at the school to meet the requirements, and vision, of their accreditors. Agrella was appointed by the state to take the place of the college’s duly-elected Board of Trustees — and therein lies the issue.

Not everyone agreed with the board, and many members through the years have been accused of laziness, incompetence, and worse. But at the very least, the college community had a monthly opportunity at public meetings to tell the board what was right and what was wrong, leading to many decisive turnarounds: budgets amended, classes saved, services restored or cut.

It was an imperfect process, but at least a forum existed to give the public the right to address their officials in full view of the public. Under Agrella, no such forum existed.

Student and faculty shout “let them speak!” at a City College board meeting.

When Agrella took over the powers of the board, the idea was to expedite decision-making in order to save the college. But this meant an end to the meetings. Though he posts the agendas for his decisions online, he held no public meetings, and only solicited “public comment” via email, which many rightly noted were not public at all.

Apparently these meetings are happening in the special trustee’s head,” Alisa Messer, the City College faculty union president told the Guardian in our story, “Democracy for None [3/18].” “No one agrees that [email] comment is public.”

That will change April 24. Agrella will hear public comments at 4pm at City College’s main campus in the Multi Use Building, Room 140. Unlike meetings of City College’s full board, Agrella’s public comment session will not be televised or audio recorded. When we asked why, college spokesperson Peter Anning said he would look into it. 

Anning added that Agrella did issue one warning. He was very clear that this was going to follow board policy which will require civil discourse,” Anning said in a phone interview. “That’s been an experience in the past, where people have gotten belligerent. He said he won’t tolerate that.” 

California Community College Chancellor’s Office spokesperson Larry Kamer said Agrella’s decision to restore public comment was a practical one.

I think Bob is a problem solver, he’s a practical guy,” Kamer said. “If there was concern and discontent about public comment, I think he just wanted to deal with it before it became a problem.”

Messer applauded the decision as a step in the right direction, but cautioned that it was a small step in terms of restoring City College’s democracy. 

“Of course, at any moment Dr. Agrella could — and should — restore actual board meetings,” she told us. “He could even include the voice of the voters by convening our publicly elected Board of Trustees.”

The Board of Supervisors unanimously passed a resolution last month urging Agrella to do exactly that. 

The resolution sends a very clear message about the importance of restoring democratic decision making at City College,” Sup. David Campos told the SF Examiner.

But, as Teti told the Guardian, sometimes you need to recognize that victories come incrementally. 

Thinking Agrella would restore the Board of Trustees, video airing of public comment and full meetings all at once is perhaps a stretch, he said, “That’s the pie in the sky idea.”


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.”

Avalos: Should SFPD officers wear body mounted cameras?

The fatal shooting of Alejandro Nieto, a man who possessed a Taser that was mistaken for a firearm who was killed in Bernal Heights Park, produced a backlash of community anger toward the San Francisco Police Department. It was the first thing Sup. John Avalos mentioned when he called for a hearing on equipping officers with body-mounted video cameras at the April 8 Board of Supervisors meeting.

Avalos knew Nieto, and the incident struck close to home. He mentioned another recent incident of police violence at City College of San Francisco in which officers targeted student protesters; video footage from a bystander shows an officer releasing his nightstick, making a fist, and throwing a punch at someone already being restrained.

“These incidents show that there’s a great deal of work we need to do … to build trust between members of the community and the police department,” Avalos said. “These incidents involved people I knew and it almost makes me feel how widespread the problem can be.”

Police body-mounted cameras have been tried in New York, Los Angeles, New Orleans and other places as a way to shore up police accountability and provide a record of officer interactions with targeted suspects, Avalos said, and there is support for the technology both among law enforcement communities and civil liberties watchdog organizations.

“Many police support these cameras because they can help protect police officers against false accusations,” Avalos noted. “Watchdog groups support police body-mounted cameras because they can help reduce incidents of police misconduct. The [American Civil Liberties Union] supports the cameras because they allow the public to monitor the government, instead of the other way around.”

Avalos’ request called for a review of the feasibility of equipping police officers with body cams, taking concerns about cost and privacy into consideration, plus a cost-benefit analysis to show how the cost of the cameras would compare with potential savings from reductions in citizen complaints and use-of-force lawsuits.

SFPD spokesperson Sgt. Danielle Newman noted that the SFPD is already in contract negotiations for a pilot program that would equip 50 plainclothes sergeants with body-mounted cameras. The program would be funded through a federal grant, Newman said, and the department has not yet received the cameras or hashed out policies spelling out how long data would be stored, how often they would be used, or whether officers would be able to switch them on and off at will.

Newman said the pilot program grew out of allegations that undercover officers had stolen property and violated the civil rights of SRO residents during searches of their units, incidents that were initially brought to light by the San Francisco Public Defender and more recently became the subject of a federal indictment.

“When Chief Suhr took over, he was looking at ways to ensure that those things don’t happen again,” Newman explained. The department was under the leadership of former Police Chief George Gascon when the officers now facing charges were caught on film by SRO surveillance cameras.

Despite the planned pilot, Newman said Suhr was less certain about the idea of equipping 1,500 to 2,000 officers with body cameras, as Avalos’ request is geared toward.

“The concern with the chief is that with San Francisco, we haven’t been able to get crime cams put up,” she said, let alone having all officers record all police contact with the public. “That’s something that would need to be ironed out.”

Newman added that there were cost and logistical concerns associated with storage of bulk data generated by the cameras.

Rachel Lederman, an attorney with the National Lawyers Guild who represented Occupy protester Scott Olsen in a police misconduct case that left Olsen with lasting brain injuries and resulted in a $4.5 million settlement, said she was skeptical of body cams as a “quick fix” for police violence.

Oakland police officers are equipped with personal digital recording devices, she noted, but in the incident the left Olsen permanently injured, “there were 11 police officers with less-lethal weapons who were supposed to have PDRDs on – but didn’t.”

Lederman said that based on her experience, the footage that is captured on body cams is kept under lock and key by police, and remains hidden to all but doggedly persistent criminal attorneys. In practice, “journalists and affected people can’t get it without a lawyer,” she said, because police departments tend to withhold the footage with the excuse that it pertains to ongoing investigations.

In order to serve as an effective tool for holding law enforcement accountable, Lederman said, body-cam videos “have to be produced under the Public Records Act.”

Lederman added that the video quality tends to be low, officers can turn them on and off at will, and “they try to use them as evidence against people they are arresting.”

Still, a study in Rialto, California that was undertaken by a group of Cambridge University researchers determined that police use-of-force and complaints against police officers declined dramatically after officers were outfitted with the recording devices.

“The findings suggest more than a 50 percent reduction in the total number of incidents of use-of-force compared to control-conditions, and nearly ten times more citizens’ complaints in the 12-months prior to the experiment,” the authors concluded.

Lederman believes those findings are somewhat misleading, however. “Rialto has 66 police officers,” she pointed out. “It’s not really comparable to San Francisco or Oakland.”

Get action

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cheryl@sfbg.com

CAREERS AND ED Ah, the bright lights of Hollywood — so close, and yet thankfully far enough away to allow Bay Area filmmakers to develop their own identities. The SF scene thrives thanks to an abundance of prolific talent (exhibit A: have you noticed how many film festivals we have?), and continues to grow, with a raft of local programs dedicated to teaching aspiring Spielbergs — or better yet, aspiring Kuchars — the ins and outs of the biz.

San Francisco’s big art schools all have film programs. California College of the Arts offers both a BFA and an MFA in film, with an eye toward keeping students trained not just in cinema’s latest technological advancements, but its ever-changing approaches to distribution and exhibition. One look at the staff roster and it’s not hard to see why CCA’s program is so highly-acclaimed, with two-time Oscar winner Rob Epstein (1985’s The Times of Harvey Milk; 1995’s The Celluloid Closet; 2013’s Lovelace); indie-film pioneer Cheryl Dunye (1996’s The Watermelon Woman; 2001’s The Stranger Inside); and noted experimental artist Jeanne C. Finley, among others. www.cca.edu

The Art Institute of California has a Media Arts department that offers a whole slew of programs, including BS degrees in digital filmmaking and video production, digital photography, and media arts and animation, as well as an MFA in Computer Animation. The school, which offers a number of online courses, is affiliated with the for-profit Argosy University system and aims for “career-focused education.” www.artinstitutes.edu/san-francisco/

The San Francisco Art Institute has this to say about its programs: “The distinguished filmmaker Sidney Peterson initiated filmmaking courses at SFAI in 1947, and the work made during that period helped develop “underground” film. From the 1950s to the early 1970s, filmmakers at the school such as Bruce Conner, Robert Nelson, Stan Brakhage, and Gunvor Nelson brought forth the American avant-garde movement. Our current faculty is internationally renowned in genres including experimental film, documentary, and narrative forms.” The school has embraced new technology and offers extensive digital resources, but it also supports artists who prefer working with celluloid. 16mm and Super 8 filmmaking lives! www.sfai.edu/film

The Academy of Art University may be largely known around SF for the number of buildings it owns downtown, but it does have a School of Motion Pictures and Television that offers AA, BFA, and MFA diplomas, augmented by an extensive online program. Its executive director is Diane Baker, eternal pop-culture icon for her role in 1991’s Silence of the Lambs (“Take this thing back to Baltimore!”) Other faculty members include acclaimed choreographer Anne Bluethenthal. Students can also take classes from Guardian contributor Jesse Hawthorne Ficks, who programs the popular “Midnites for Maniacs” series at the Castro Theatre and is the school’s film history coordinator.

“I teach 11 different theory classes, including the evolution of horror, Westerns, melodramas, musicals, and ‘otherly’ world cinema, as well as a close-up on Alfred Hitchcock,” Ficks says. “But bar none, the History of Female Filmmakers class seems to create the biggest debates. Some find it sexist to emphasize gender — as artists, why can’t we transcend that concept? Except why have the majority of textbooks forgotten, ignored, or even re-written these women out of history? If the argument is that female filmmakers just aren’t good enough to be ranked alongside their male counterparts, how about watching more than one film by Alice Guy, Lois Weber, Frances Marion, Dorothy Arzner, Maya Deren, Ida Lupino, or Agnes Varda? And that’s just the first six weeks of class.” www.academyart.edu

The eventual fate of the City College of San Francisco is still being decided, but for now, its cinema department offers students a mix of hands-on (classes in cinematography, editing, sound, etc.) and theory (film theory, film history, genre studies, etc.) classes. The spring 2014 course catalog included such diverse offerings as “Focus on Film Noir,” “The Documentary Tradition,” “Pre-Production Planning,” and “Digital Media Skills.” Since 2000, the department has showcased outstanding student work in the City Shorts Film Festival, which last year screened both on-campus and at the Roxie Theater. www.ccsf.edu

Tucked into the city’s foggiest corner is San Francisco State University, whose cinema department remains strongly tied to the school’s “core values of equity and social justice,” according to its website, with a special focus on experimental and documentary films. The faculty includes acclaimed filmmakers Larry Clark and Greta Snider, and students can earn a BFA, an MFA, or an MA (fun fact: like I did!) www.cinema.sfsu.edu

On the newer end of the spectrum is the eight-year-old Berkeley Digital Film Institute, which offers “weekend intensives” to smaller groups of students. Dean Patrick Kriwanek says the school teaches “LA-style,” or commercial-style, filmmaking. “Our teachers all come from the American Film Institute or have worked on features,” he says. “We’re trying to train our kids to produce the same level of work that you’d see out of UCLA or USC grad schools — excellent work that’s thoughtful.”

The school also takes the practical side of entertainment into account. “I always joke that we try to be 51 percent art school and 49 percent business school, but it’s really true,” he adds. “You really have to be a business person if you want to succeed.” www.berkeleydigital.com

On this side of the bay, at Mission and Fifth streets to be precise, there’s the San Francisco School of Digital Filmmaking, which aims to “create filmmakers with careers in the entertainment industry.” Faculty members include Frazer Bradshaw, director of the acclaimed indie drama Everything Strange and New (2009) and screenwriter Pamela Gray (1999’s A Walk on the Moon). In addition to months-long programs, the school offers workshops like a crowd funding how-to (an essential area of expertise for any independent artist these days) and a single-day “boot camp-style” intro to digital filmmaking. www.filmschoolsf.com *

 

Immigration reform protest snarls downtown SF, 23 arrested

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Today [Fri/4] at 11am, the SF Bay Coalition for Immigrant Justice held a protest and rally to urge President Obama to halt all deportations and keep his promise of comprehensive immigration reform.The protest included a group of 23 people, some of which are undocumented immigrants, which took part in a peaceful act of civil disobedience.

All 23 protesters — 15 women and eight men — were arrested; cited for failure to diperse, failure to obey a traffic officer, and blocking an intersection; and booked at the police substation in the Tenderloin before being release, according to the San Francisco Police Department.

More than 30 SFPD officers flanked the march after activists, clergy, and community organizers gathered at One Post St. and made the short but spirited walk to 120 Montgomery St., a building that houses the San Francisco Immigration Court.

Video of two of the arrests. 

Rev. Debra Lee, a United Church of Christ pastor working with Interfaith Coalition for Immigrant Rights, said, “We are here… because everyday we see people in our congregations who come to us because their family has been thrown into crisis by the federal government.”

Other clergy members who were arrested include Rev. Richard Smith of St. John Evangelist Episcopal Church, and Rabbi Mike Rothbaum, of Bend the Arc: A Jewish Partnership for Justice. “We work with with people of other faiths because part of the power of the coalition [is that] although we have different faiths, we come together around a common belief  that the migrant should be treated with dignity.” Lee told the Guardian.

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The protesters march downtown. Photo by Joe Fitzgerald Rodriguez.

Rothbaum delivered a powerful address standing atop a parked pickup truck. Rothbaum held up a black-and-white photo of members of his family being sworn in as US citizens. In the image was his aunt, a Polish Jew.  “I would like to remind President Obama that his father was a wandering man from Kenya,” he said. “That my aunt and his father are no different from the people being held in this building.”

All three clergy members were arrested for taking part in the act of civil disobedience. Others arrested include Akiko Aspillaga, a native born Filipina who came to the US at the age of 10 with a visa. But because of a mix of complications with the employment of her mother and misinformation, Aspillaga and her parents lost their visas. Nevertheless, Aspillaga is now a graduate student at San Francisco State University’s school of nursing. However, because she is undocumented, she cannot receive federal grants or loans and depends on scholarships, and her mother to pay for tuition.

Another was Reyna Maldonado, a City College of San Francisco student born in Mexico. “We are here to demand President Obama to stop deportations. There has already been 2 million deportations.” Maldonado had a picture of Alex Aldana, who is currently being held in a San Diego ICE detention center: “He is one of the people we are fighting for [in addition] to stopping separations of families.”

Even if both women are undocumented, face arrest, and a risk of being turned over to US immigration authorities, they felt the risks were worth it. “I feel like the moral imperative right now, with families being torn apart and all the pain our community… Everything is worth it,” Akiko told the Guardian, “There is a possibility of me being deported but we’re standing up for something we believe in.”

After all the speakers addressed the crowd of about 300 people, the group of 23 sat in a tight circle on a banner that read, “Deporter in Chief.” And parodied President Obama’s “Hope” campaign poster with a pair of handcuffed hands replacing the president’s picture.

Once the group of 23 blocked traffic on the intersection of Sutter and Montgomery, SFPD officers began moving people off the street and onto the sidewalks. Then, one by one, each member of the group had their hands zip-tied behind their back and loaded into one of three SFPD vans.

This protest was part of a national day of action in favor of immigration, and it precedes an even bigger mobilization tomorrow in San Jose. 

 

Photo Gallery

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Bloodshed in Bernal Heights

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rebecca@sfbg.com

On Friday morning, March 21, the day that Alejandro Nieto was shot and killed by San Francisco Police Department officers, he went to the gym with his friend Byron Pedroza. It was something they did often, Pedroza said; the two of them had signed up for gym memberships together. “He’d be like, ‘B, get up. Let’s go work out.'”

Nieto and Pedroza had met at El Toro nightclub, where Nieto worked as a security guard for nearly two years. The club, which attracts Latino clientele and hosts live performances on Mondays, has tight security: There are several guards equipped with Tasers.

“He was the type of person who’d help me a lot,” Pedroza said. “Thanks to him, I went to college,” enrolling at City College of San Francisco.

Nieto was a semester away from completing his degree in administration of justice. He was studying on scholarship, in pursuit of his goal to become a youth probation officer. Nieto drove a ’95 Chevy Caprice — an old police car, Pedroza said — and they fixed it up together.

Ramiro Del Rio, Nieto’s co-worker at El Toro, described him as punctual and considerate. He’d seen Nieto in stressful situations before, when dealing with drunk and rowdy bar patrons. “He was very calm,” Del Rio said of Nieto. “He would always want to talk to the person without using aggressive force.”

Nieto favored juice and soda instead of alcohol, he said, but after he started working out, “it was straight water.” Also, “He was Buddhist.”

 

HIS WORK TASER

Nieto had been scheduled to work that night, March 21. Instead, he was killed in Bernal Heights Park from multiple gunshot wounds inflicted by rounds fired by at least four officers. It’s unknown exactly how many bullet wounds Nieto sustained; friends said they believed at least 14 rounds had been fired.

As of March 31, the San Francisco Medical Examiner still had not released autopsy results. The officers involved had been placed on paid leave. Nieto’s community remained stunned by his sudden death, staging a march through the Mission the following weekend to protest what they viewed as an unjust use of deadly force.

According to a transcript from a 911 call placed minutes before the shooting, which Police Chief Greg Suhr read aloud during a March 25 public meeting at Leonard Flynn Elementary School held to discuss the incident, officers opened fire within three and a half minutes of arriving at Bernal Heights Park.

Police were responding to calls reporting a man “with a gun on his hip. A black handgun,” according to the call record, which Suhr read aloud. Police did not reveal the identity of the caller, but noted that the caller was not a police officer.

A neighbor who declined to be named told the Bay Guardian that shortly before the shooting, two men walking down the pedestrian pathway on the park’s north slope alerted a jogger of a man ahead with a gun on his hip. The jogger, who came within 50 feet of the man, reported noticing that he was “pacing back and forth” and “air boxing.”

The person who phoned 911 also initially reported seeing a man pacing back and forth. But minutes later, the anonymous caller reported to 911 dispatchers, “He is eating chips … but resting his hand on the gun.”

In reality, there was no gun — it was Nieto’s Taser, carried in a holster. Friends who spoke at a March 24 vigil said they believed Nieto had headed up there to eat a burrito while looking out at the city from the top of the hill, a place he often went to clear his head.

A sergeant from the Ingleside station and other police officers arrived at the scene minutes after receiving reports of a man with a gun, Suhr said at the public meeting. Police faced Nieto from a distance of about 75 feet, up a hill.

“When the officers asked him to show his hands, he drew the Taser from the holster,” Suhr said. Nieto then told police to show their hands, and pointed the Taser at the officers, Suhr told a large crowd in attendance. Due to the distance, the chief said, the officers did not see the yellow markings that would have alerted them that it was a Taser and not a gun.

“These particular Tasers, as soon as they’re drawn, they emit a dot, a red dot,” Suhr said. “When the officers saw the laser sight on them, tracking, they believed it to be a firearm, and they fired at Mr. Nieto.” Believing he had a gun, Suhr said, police “fired in defense of their own lives.” In a later interview, he confirmed that officers would not have used lethal force had they known Nieto possessed a Taser instead of a firearm.

Both Pedroza and Del Rio said Nieto had shown them his new Taser, and said it emits a red dot only when one pushes a button to turn it on. According to a Taser operating manual, the stun gun has a range of 15 feet.

Asked how many 911 calls were placed, Suhr said he did not have that information. When the Bay Guardian contacted the Department of Emergency Management to request audio from 911 calls, it was denied on the grounds that “it is part of an ongoing criminal investigation.”

 

COMMUNITY OUTRAGE

For several hours following Suhr’s explanation, friends and community members took turns at the microphone to vent outrage, frustration, and sadness over Nieto’s death. Many referenced an overarching trend of police violence directed against black and Latino youth.

Some voiced skepticism of the police account. Benjamin Bac Sierra — an English instructor at City College and friend of Nieto’s, who had once driven down Mission Street with him during a low rider parade, shouting “si se puede!” to cheering onlookers — told the Guardian, “In my heart, I do not believe that he pointed his Taser at the officers.”

At the gym, on the morning of the day Nieto died, Pedroza said, “I could tell he had a lot on his mind.” Nieto had told him it had to do with a woman he’d been seeing, a mother of three. “He was in love with her,” Pedroza said.

Yet Nieto’s relationship with Yajaira Barrera Estrada had created a conflict between him and Arthur Vega, Barrera Estrada’s three children’s father, whom Nieto had once been friends with. Public records list Vega as Barrera Estrada’s husband, and show the two living at separate addresses. It had culminated in a physical confrontation outside Barrera’s home several weeks earlier, during which Nieto allegedly stunned Vega with his Taser. Vega’s account, as described in a court filing requesting a temporary restraining order, suggests this was unprovoked; Pedroza said Nieto had believed Vega was going to harm him and might have a gun. Vega could not be reached for comment.

After that incident, Pedroza described Nieto as seeming worried and easily distracted. Pedroza believed that in the weeks leading up to the shooting, the conflict had caused Nieto to fear for his life.

Court records show that Barrera Estrada had also filed a request for a temporary restraining order against Nieto stemming from that incident, which was partially granted pending an April 11 hearing. When we reached Barrera Estrada by phone, she declined to discuss it, saying only: “Alex was an excellent person. I don’t know why the media is writing bad things about him. I don’t know why the police shot him. He was an excellent person with me.”

At the meeting, Suhr noted that Nieto was prohibited from owning a firearm due to a history of mental illness. Del Rio said he hadn’t seen evidence of this in Nieto’s behavior at the nightclub, where he spent five or six nights a week. “He never seemed crazy or mentally ill when he was working.” According to state records, Nieto obtained registration to work as a guard/patrolperson in June of 2007, which required completion of a 40-hour course.

As the crowd listened at the town hall meeting, Nieto’s father, Refugio, told Sup. David Campos that police had arrived at his home in the afternoon the day after the shooting, then questioned him about his son prior to revealing that he had been killed. Then police confiscated his car, Refugio Nieto told Campos, saying it was needed for an investigation. Then, according to Pedroza, police also went to Barrera Estrada’s residence, notified her of his death, and searched the premises.

Just before sunset on March 24, about 150 friends and community supporters gathered for a vigil in memory of Nieto. They lit candles, sang, burned incense, and conducted Buddhist chants in honor of his spiritual practice.

Sup. John Avalos said he’d known Nieto through Coleman Advocates for Children & Youth. “What we saw in Alejandro was that he had a really big heart,” Avalos said. He added, “Blood’s been shed, in this case, by people we’re supposed to trust. But … we have a lot of difficulty trusting our police, because from time to time, these things happen.”