City College of San Francisco

Election 2010: Labor and progressives dodge a bullet

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Bucking a national conservative, anti-government political trend, San Franciscans stayed with some fairly progressive politics on election night, rejecting a measure to demonize public employees (Prop. B), giving progressive John Rizzo far more votes than his City College of San Francisco board rivals, and taking far more liberal positions in state ballot measures and candidates than California voters, who were already far to the left of national voters.
“We are really happy that Prop. B is going down because it was such a misguided measure. It was not well thought through,” San Francisco Labor Council President Tim Paulson told the Guardian at the party labor threw with the San Francisco Democratic Party at Great American Music Hall. “San Francisco voters are the smartest in America.”
Paulson was also happy to see those voters approve Prop. N, taxing the transfer of properties worth more than $5 million, “because San Franciscans know that everyone has to pay their fair share.”
Another labor priority, Prop. J, the temporary hotel tax increase, lost by a narrow margin after Mayor Gavin Newsom and his downtown allies opposed it, and the online travel company spent millions of dollars to bury Prop. K – a Newsom-created rival measure that would have closed a loophole that lets the company avoid paying the hotel tax.
Rizzo said he was happy to far outpoll Lawrence Wong and Anita Grier as the three incumbents ran uncontested for their City College board seats, which should put him in a leadership position in the troubled district. “There is a tradition at City College that the highest vote getter gets the presidency, so I’m pretty happy,” Rizzo told us on election night.
There were some conservative victories in San Francisco, including approval of Prop. L, which criminalizes sitting or lying on sidewalks, and Prop. G, which will reduce Muni operator wages and change work rules after getting the approval of about 63 percent of voters.
“Ultimately, downtown did well,” progressive political consultant Jim Stearns said, noting how aggressive spending by downtown business and real estate interests ended a string of progressive victories in the last several election cycles, including the likely election of Scott Wiener in D8 and the strong challenge in D2 by Mark Farrell to perceived frontrunner Janet Reilly, who had progressive endorsements.
Stearns said national polls have shown that people are more afraid of big government than big corporations, whereas progressives tend to hold the opposite view. “That national atmosphere definitely had an impact on even races locally,” Stearns said.
But in San Francisco, the progressives retain a strong position in the political debates to come.

Quick Lit: Oct. 6-Oct. 12

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Literary readings, book tours, and talks this week

Litquake 2010 goes out with a bang featuring novelists, scientists, poets, comedians, sexy storytellers, and more, culminating in this year’s not-to-be-missed Lit Crawl.


Wednesday, Oct. 6

“The Art of Narrative Nonfiction”
Much is said about how to write fiction, but what about non-fiction? This panel moderated by best-selling author David Ewing Duncan will discuss the techniques for turning a biography into a National Book Award Winner. Featuring Tamim Ansary, Frances Dinkelspiel, Richard Rhodes, and T.J. Stiles.
6 p.m., free
San Francisco Main Library
100 Larkin, SF
www.litquake.org

Bawdy Storytelling
Hear real people sharing their bona fide sexual exploits in ten minutes or less. Storytellers are an eclectic mix of authors, poets, comedians, actors, and regular people, including Tim Barsky, Stephen Elliot, Johnny Funcheap, Jow Klocek, Joe Kukura, and Morgan.
7 p.m., $10
Blue Macaw
2565 Mission, SF
www.litquake.org

“The Complex Societies of Ants and Honeybees”
Join Litquake and the California Academy of Sciences for a discussion led by two leading experts, Mark W. Moffett and Dr. Thomas D. Seeley, on our planet’s smallest and most complex social organizations. Co-sponsored by KQED, and moderated by KQED’s QUEST TV series producer Amy Miller.
7 p.m., $15
Morrison Planetarium
California Academy of Sciences
55 Music Concourse
Golden Gate Park, SF
www.litquake.org


“Dance, Intergenerational Trauma, and the Diaspora”
Learn about the Katherine Dunham Technique at this lecture featuring Eyla Moore, teacher at ODC, Dance Commons, Hip Line, and Dance Fitness Studio, and Aliyah Dunn Salahuddin, dancer and tutor in City College of San Francisco’s African American Scholastic Program.
3 p.m., free
City College of San Francisco
Ocean Campus
Rosenberg Library, Room 305
50 Phelan, SF
(415) 239-3854

Flight of Poets
Internationally renowned sommelier Christopher Sawyer pairs six talented local poets with six great wines carefully selected to illuminate their work. Featuring Camille T. Dungy, Robin Ekiss, Paul Hoover, Ada Limón, Zachary Mason, Christopher Sawyer, and Matthew Siegel.
7 p.m., $15 includes wine flight 
Hotel Rex
562 Sutter, SF
www.litquake.org

The Funny Side of Sex
Join Daily Show correspondent Kristen Schaal as she celebrates her first book, The Sexy Book of Sexy Sex, along with Scott Jacobson, co-author of the new book Sex: Our Bodies Our Junk, illustrator Michael Kupperman, and actor and writer Ted Travelstead. This evening of live and uncensored sex-humor unfolds at San Francisco’s legendary Cobb’s Comedy Club. Co-sponsored by Chronicle Books.
8 p.m., $15
Cobbs Comedy Club
915 Columbus, SF
www.litquake.org

Lit on the Lake
Celebrate East Bay writers at this litquake event featuring acclaimed novelists including Melanie Abrams, Elaine Beale Lucy Jane Bledsoe, Jacqueline Luckett, Lisa Braver Moss, and Kristin McCloy.
6 p.m., $5-$10 donation
Gondola Room
Lake Chalet
1520 Lakeside, Oakl.
www.litquake.org

100th Literary Death Match
Celebrate the kickoff of a worldwide Literary Death Match tour where judges, W. Kamau Bell, Mark Fiore, and Jane Smiley, will pass centurial judgment on a must-see lineup featuring readers Jason Bayani, David Corbett, Kari Kiernan, and Joel Selvin. Hosted by Todd Zuniga, Elissa Bassist, Alia Volz, and M.G. Martin.
7 p.m., $15
Elbo Room
647 Valencia, SF
www.litquake.org

Radar Reading Series: Litquake Edition
This monthly literary series brings in first-time novelists, playwrights, shoplifting poets, and riot girl historians for readings, followed by a Q&A session hosted by Michelle Tea. Featuring Chinaka Hodge, Tao Lin, Sara Marcus, and Beth Pickens.
6 p.m., free
Latino Reading Room
San Francisco Main Library
100 Larkin, SF
www.litquake.org

Thursday, Oct. 7

Booksmith Bookswap
Bring a book you passionately love but can part with and learn about dozens of new, fantastic books. Ticket price includes two drinks, appetizers, and a 20% discount card to purchase books after the event.
6:30 p.m., $25
Booksmith
1644 Haight, SF
www.litquake.org

Feminine Wiles
Hear witty women read from their most recent books, featuring Elif Batuman, Marisa Crawford, Katie Crouch, Thaisa Frank, Joyce Maynard, Kaya Oakes, and Shawna Yang Ryan.
7 p.m., free
Noe Valley Recreational Center
295 Day, SF
www.litquake.org

The International Homosexual Conspiracy
Author Larry-bob Roberts offers humorous insights into the absurdities of modern life and queer culture, from contemporary topics like mistaken first impressions, to sustainable yet unaffordable pants, and critiques of bourgeois mindsets.
7 p.m., free
Modern Times Bookstore
888 Valencia, SF
www.mtbs.com

Litquake Bites
Local food and books, two of San Francisco’s favorite pastimes, converge at this delicious and informative lunchtime event featuring presentations and tastings by four innovative food purveyors and authors including Sarah Billingsley, Gordon Edgar, Steve Sando, and Amy Treadwell.
Noon, free
Book Passage
1 Ferry Building, SF
www.litquake.org


Stories on the Stage
Hear short fiction stories about love lost, love never found, and love perpetually out of touch with authors Daniel Handler, Daniel Alarcón, and Yiyun Li. Directed by Sean San José, co-founder of Campo Santo, the award-winning resident theater company of San Francisco’s Intersection for the Arts.
7:30 p.m., $25
Roda Theater
Berkeley Repertory Theatre
2025 Addison, Berk.
www.litquake.org

Friday, Oct. 8

All-Memoir Women’s Night
From finding love in foreign lands to struggling with poverty, from being in the sandwich generation to making the perfect brownie, women are fearless when it comes to exploring life and its myriad joys and challenges. Hear authors Zoe Fitzgerald Carter, Katherine Ellison, Laura Fraser, Frances Lefkowitz, Meredith Maran, Kate Moses, Janice Cooke Newman turn inward to provide us with stories that delight, dismay, and entertain. Emceed by Litquake co-director Jane Ganahl.
6:30 p.m., $5-$10 donation
Paris Ballroom
501 Geary, SF
www.litquake.org


“How to Write and Sell Erotica”

Join a panel of editors, anthologists, and published authors as they offer practical tips and personal insights about how to write and sell all forms of erotica. Find out what magazines, websites, anthologies, and book publishers you can sell your work to, as well as  tips on how to write more marketable erotica.
7:30 p.m., $5-$15 donation
Center for Sex and Culture
1519 Mission, SF
www.sexandculture.org

“It’s All Over But the Crying”
Enjoy a night of author talks on the world of sports, from the infinite variations of major-league baseball to the international phenomenon of the World Cup, with Alan Black, Howard Bryant, Dan Epstein, Dan Fost, David Henry Sterry, Jason Turbow, and Michael Zagaris. Special multimedia presentation by Bay Area sports photographer Michael “Z Man” Zagaris. Emceed by Litquake co-director Jack Boulware.
7 p.m., $10
Hemlock Tavern
1131 Polk, SF
www.litquake.org

Jonathan Lethem
Novelist, essayist, and short story writer Jonathan Lethem will discuss his latest novel, Chronic City. Co-presented by Litquake and San Francisco’s Jewish Community Center.
11 a.m., $20
Jewish Community Center of San Francisco
3200 California, SF
www.litquake.org


Litquake at the Bikestore

In the late 19th century, an accountant named Frank Lenz quit his job to cycle around the world. Two years later he mysteriously disappeared during the final leg of the journey. Hear author David V. Herlihy discuss this mystery and his new book The Lost Cyclist. In conjunction with Green Apple Books.
7 p.m., free
Public Bikes
123 South Park, SF
www.litquake.org

Saturday, Oct. 9

Lit Crawl
Get your fill of literary entertainment at galleries and bars across the Mission, where each phase offers crawlers a choice of attending readings happening simultaneously at over a dozen venues. With best-selling authors, poets, professors, bawdy story-tellers, amateurs, and professionals, it’ll be tough to choose three.
Phase I 6pm-7pm, Phase II 7:15pm-8:15pm, Phase III 8:30pm-9:30pm; free
Various venues along the Valencia Street Corridor
Mission District, SF
www.litquake.org

Sunday, Oct. 10

Social Justice with Claudette Colvin
Attend this social justice event featuring a conversation between Enid Lee and Civil Rights legend Claudette Colvin, who refused to give up her seat to a white person on a Montgomery bus in 1955 and was the star witness in the federal case Browder v. Gayle, which desegregated the Montgomery buses. Also featuring a performance piece by Awele Makeba and a performance by poet, activist, and spoken word artist Bryonn Bain.
1:30 p.m., free
San Francisco Main Library
100 Larkin, SF
www.litquake.org

Tuesday, Oct. 12

Bill Bryson
Hear the author of At Home in conversation with Roy Eisenhardt.
8 p.m., $20
Herbst Theater
401 Van Ness, SF
www.cityboxoffice.com

Left in the Dark
Authors R.A. McBride and Julie Lindow celebrate twentieth century movie theatres and movie going in this book titled, Left in the Dark: Portraits of San Francisco Movie Theatres, a collection of personal essays and fine art photographs that casts the theatres as characters within the city’s cultural landscape.
7 p.m., free
City Lights Bookstore
261 Columbus, SF
www.litquake.org

Joseph O’ Neill
The award-winning novelist of Netherland will be discussing his new family memoir, Blood-Dark Track.
7 p.m., $20
Jewish Community Center of San Francisco
3200 California, SF
(415) 292-1200

New debate surrounds New Mission Theater

The New Mission Theater, a dilapidated landmark that sits on the 2500 block of Mission Street, has been vacant for years, but controversy surrounding its fate is alive as ever and will be discussed at this afternoon’s July 29 City College of San Francisco Board of Trustees meeting.

In 2004, the city designated the theater as historically significant for its ties to the Mission’s early 20th century “vaudeville and movie house district.” Once upon a time, patrons regularly circulated through its palacial interior, which features Art Deco-syle ornamental metalwork at the ballustrades, plaster moldings imprinted with Greek key motifs, etched Art Deco glass panel doors, ceiling ornaments with floral motifs, and a balcony adorned with a frieze of garlands and urns, according to a landmark designation file.

Plans to restore and reopen the theater have been in the works for several years, and a 100-percent affordable housing development adjacent to the theater could move forward if everything falls into place. That’s turning out to be a big ‘if.’

In 2005, CCSF sold the theater, along with an adjacent shuttered Giant Value store, to Gus Murad — Medjool restaurant owner and a former small business commissioner appointed by Mayor Gavin Newsom — for $4.35 million, according to CCSF counsel Greg Stubbs. Now, CCSF is considering initiating foreclosure proceedings against Murad due to nonpayment. He owes more than $2 million on the property, according to notice of default issued June 21. During open and closed sessions at the July 29 Board of Trustees meeting, trustees will decide whether to proceed with taking back the property from Murad or grant him a 120-day extension. Murad is expected to offer his pitch for an extension at the meeting.

CCSF board member John Rizzo told the Guardian he was fed up with the missed payments. “Gus Murad keeps assuring us, oh yes, it’s going to happen, we’re on the verge,” Rizzo said. “But the affordable housing is not being built,” he said. If CCSF took the property back, “we wouldn’t sell it for market-rate housing,” he added. “We would want to see affordable housing.”

P.J. Johnston, a spokesperson for Gus Murad, declined to answer questions about possible foreclosure but told the Guardian that the central goal is to create 85 to 100 affordable units in the heart of the Mission. “We’ve been working with Mission Housing and hopefully are very close to a reaching an agreement with Mission Housing and the Mayor’s Office of Housing, which would obviously be a chief funder of the project,” he said.

Securing financing and reaching a deal with Mission Housing and the Mayor’s Office of Housing would allow Murad to square things away with CCSF, get the ball rolling on the development, and get something out of his investment.

Murad initially planned to develop market-rate housing on the lot curently occupied by the Giant Value storefront, but switched to an affordable housing project 1.5 years ago, Johnston said. Plans have always included rehabbing the theater. Negotiations with Bernal Housing came close to a deal, but ultimately fell through, he said. Now, Murad is hopeful that CCSF will grant a 120-day extension and a deal with Mission Housing can be secured in time.

“It has been a challenging time for the economy as it relates to land use,” Johnston said. “And it’s been a very difficult couple of years for restaurants.”

Mayor’s Office on Housing Director Doug Shoemaker declined to comment for this story.

Chris Jackson, a trustee, said he worried that if CCSF were to move ahead with foreclosure, “it’ll probably scuttle the affordable housing project. I’d rather wait an extra four months to bring affordable housing than just put the screws to the guy,” Jackson said. “If it was a market-rate project, I’d be like no, give us the money.” Jackson said under state law, any funds generated by a sale of the property — which was originally purchased with bond money — would have to go back into the capital project fund, and couldn’t go into college’s operations budget. “It won’t go to save one class at City College,” he explained. “It just goes into capital project reserves.”

Rizzo noted that certain “political forces” aligned with Newsom had been contacting board members in advance of the meeting to try and persuade trustees to grant an extension for Murad, who will clearly benefit if he is allowed to hold onto the property. Murad has hosted campaign fundraisers for Newsom in the past and has contributed to campaigns of the mayor’s political allies. It isn’t the first time the New Mission Theater development has generated political buzz.

When an earlier incarnation of Murad’s plans for the New Mission Theater and adjacent lot came before the Board of Supervisors in Feburary of 2009, it generated some controversy. Murad had won approval from planning staff for a 20-foot height extension that would have brought his housing project to 85 feet, but that was rejected by the Board of Supervisors. In an odd twist, a typo kept the 85-foot limit intact, so the Board was required to vote again to bring it down to the 65 feet they approved. When Mayor Newsom vetoed the board’s second vote, Sup. Chris Daly lambasted Newsom for engaging in “pay-to-play politics.”

Ethics boss finally ousts Luby, a crusading public advocate

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Oliver Luby has long been the most public-spirited employee of the San Francisco Ethics Commission, the one person in that office who repeatedly exposed powerful violators of campaign finance rules and blew the whistle on schemes to make the system less transparent and effective, drawing the ire of Director John St. Croix and Deputy Director Mabel Ng in the process.

St. Croix repeatedly tied to silence and punish Luby, who fell back on civil service and whistle-blower protections to save his job as a fines collection officer and continue doing it properly. But it appears St. Croix has finally succeeded in ousting Luby, who this week was notified that his last day will be June 11.

During budget season last year, at a time when St. Croix was trying to punish Luby for sounding the alarm about a new campaign finance database would effectively delete important data (something St. Croix defended but the vendor, NetFile, later corrected), St. Croix quietly removed a special condition for Luby’s job that required at least 12 months campaign finance experience.

So when Mayor Gavin Newsom ordered more than 400 layoffs of city employees to balance the budget, Luby’s job was just another 1840 level position, subjected to being taken by someone from another department with more seniority, which is what happened when Ernestine Braxton, a junior management assistant with the Department of Public Works, took the job.

When I asked St. Croix about why he removed the special condition from Luby’s job and whether it was retaliation for his battles with Luby, St. Croix told me, “You want me to talk about a personnel matter and I’m not going to talk about it.”

Yet Luby says its clear the St. Croix targeted him for removal. “Once that condition was removed, it was only a matter of time before I was bumped by someone in the same civil service job class but with greater seniority,” Luby wrote in a message to supporters, adding that he’s still figuring out what his options are.

Luby first got on the wrong side of Ethics Commission management back in early 2004 when he and fellow employee Kevin DeLiban accidentally were sent a memo from the office of campaign attorney Jim Sutton, treasurer for the Newsom for Mayor campaign, detailing a scheme to illegally pay off campaign debts with money laundered through Newsom’s inauguration committee.

Ng and then-director Ginny Vida ordered them to destroy the document, but they saved a copy and exposed the scheme, which Sutton then backed away from implementing (the pair was publicly honored for their efforts). But Luby continued to have professional differences with Vida’s replacement, St. Croix, often over the favorable treatment given the clients of Sutton, who runs the most expensive and deceptive campaigns on behalf of powerful downtown corporations and organizations (and whose hiding of a late PG&E contribution to defeat a 2002 public power measure resulted in a largest fine Ethics ever ordered).

For example, in 2007, Luby wrote a memo showing how enforcement actions by Ethics disproportionately targeted small campaigns (often by progressive candidates) and ignored serious violations by the most powerful interests in the city (which, if pursued, would have resulted in big fines, money the city desperately needs). We at the Guardian obtained the memo and wrote a story, causing St. Croix to order Luby to not longer write memos recommending way to improve operations at Ethics. And in November 2008, Luby wrote an op-ed in the Chronicle showing how St. Croix had ignored and covered up campaign finance law violations at City College of San Francisco that later led to the criminal indictment of former Chancellor Phil Day (whose trial is expected to begin later this year).

With each of these battles, Luby was threatened by St. Croix and had to seek support from his union, SEIU Local 1021, and the protection of civil service and whistleblower laws. But now, it appears that San Franciscans are losing the only person in the Ethics Commission that could be trusted to act in the interests of the city and the public.

Rep Clock

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Schedules are for Wed/28–Tues/4 except where noted. Director and year are given when available. Double features are marked with a •. All times are p.m. unless otherwise specified.

ARTISTS’ TELEVISION ACCESS 992 Valencia, SF; www.atasite.org. $6-8. “Anxiety and Apple Seeds:” B (Cardenas, 2010), Fri, 8. Hosted by the film’s star, comedian Mary Van Note. “Other Cinema:” The Juche Idea (Finn, 2008), Sat, 8:30.

BALBOA 3630 Balboa, SF; www.balboamovies.com. $10. Wild at Heart (Lynch, 1990), Wed, 7. Presented by City Lights Bookstore and featuring readings by Barry Gifford, Robert Mailer Anderson, Eddie Muller, and more.

BERKELEY FELLOWSHIP OF UNITARIAN UNIVERSALISTS Fellowship Hall, 1924 Cedar, Berk; www.bfuu.org. Donations accepted. “Palestine: Occupied Lives, Non-Violence, and Steadfastness:” Bil’in My Love (Carmeli-Pollack, 2006), Fri, 7.

CAFÉ OF THE DEAD 3208 Grand, Oakl; (510) 931-7945. Free. “Independent Filmmakers Screening Nite,” Wed, 6:30.

CASTRO 429 Castro, SF; (415) 621-6120, www.castrotheatre.com. $7.50-10. “Kubrick:” •Lolita (1962), Wed, 2:15, 8, and Eyes Wide Shut (1999), Wed, 5; •2001: A Space Odyssey (1968), Thurs, 2:30, 8, and A.I. Artificial Intelligence (Spielberg, 2001), Thurs, 5:05. San Francisco International Film Festival, Fri-Tues. See film listings.

CHRISTOPHER B. SMITH RAFAEL FILM CENTER 1118 Fourth St, San Rafael; (415) 454-1222, www.cafilm.org. $6.50-10. Exit Through the Gift Shop (Banksy, 2010), call for dates and times. The Girl With the Dragon Tattoo (Oplev, 2009), call for dates and times. The Greatest (Feste, 2009), call for dates and times. Vincere (Bellocchio, 2009), call for dates and times. “Red Riding Trilogy:” Red Riding 1980 (Marsh, 2009), Wed, 6:30; Red Riding 1983 (Tucker, 2009), Thurs, 6:30. Touching Home (Miller and Miller, 2009), April 30-May 6, call for times.

CITY COLLEGE OF SAN FRANCISCO Ocean Campus, 50 Phelan, Cloud Hall, Rm 246, SF; (415) 239-3580. Free. City of Borders (Suh, 2009), Wed, 7. HUMANIST HALL 390 27th St, Oakl; www.humanisthall.org. $5. A Story From the Deep North (Browne, 2008), Wed, 7:30. JACK LONDON SQUARE PAVILION THEATER 98 Broadway, Oakl; www.oakuff.org. Free. “Oakland Underground Film Festival: Major Music:” Sonic Youth: Sleeping Nights Awake (Project Moonshine, 2006), Fri, 8; Kurt Cobain: About a Son (Schnack, 2006), Fri, 9:30. MECHANICS’ INSTITUTE 57 Post, SF; (415) 393-0100, rsvp@milibrary.org. $10. “CinemaLit Film Series: Day and Noir:” Act of Violence (Zinneman, 1948), Fri, 6. PACIFIC FILM ARCHIVE 2575 Bancroft, Berk; (510) 642-5249, www.bampfa.berkeley.edu. $5.50-9.50. San Francisco International Film Festival, April 23-May 6. See film listings. PIEDMONT 4186 Piedmont, Oakl; (510) 464-5980. $5-8. “Cult Classics Attack 5:” Indiana Jones and the Temple of Doom (Spielberg, 1984), Fri-Sat, midnight; Sun, 10am. PIEDMONT VETERANS’ MEMORIAL BUILDING 401 Highland, Piedmont; www.works-exercise.com. $25-75. I Know a Woman Like That (Madsen, 2009), Thurs, 7. Benefit for the Works Cooperative dance and exercise studio with special guests including Rita Moreno and Maxine Hong Kingston. Advance tickets only. RED VIC 1727 Haight, SF; (415) 668-3994. $6-10. Police, Adjective (Porumboiu, 2009), Wed-Thurs, 7, 9:20 (also Wed, 2). The Wolfman (Johnston, 2010), Fri-Sat, 7:15, 9:25 (also Sat, 2, 4:15). The White Ribbon (Haneke, 2009), Sun-Mon, 5, 8 (also Sun, 2). Food, Inc. (Kenner, 2008), Tues, 5:30. Special benefit for Pie Ranch includes a reception, presentation about Pie Ranch, and movie screening. Tickets are $25; advance purchase at www.pieranch.org. ROXIE 3117 and 3125 16th St, SF; (415) 863-1087, www.roxie.com. $5-9.75. Birdemic: Shock and Terror (Nguyen, 2008), Fri-Sat, 11. SAN FRANCISCO MUSEUM OF CRAFT AND FOLK ART 51 Yerba Buena Lane, SF; www.mocfa.org. $40. Bamako Chic (Gosling and Downs, work in progress), Thurs, 7. Benefit screening with live Malian food and music. SAN FRANCISCO PUBLIC LIBRARY Koret Auditorium, 100 Larkin, SF; www.sfpl.org. Free. “Canines on Camera:” Best in Show (Guest, 2001), Thurs, noon. SOUTHERN EXPOSURE 3030 20th St, SF; www.soex.org. $10. “How-To Homestead Hootenanny,” homesteading movie shorts, food tastings, and live music and dancing, Thurs, 7. STONESTOWN TWIN 501 Buckingham, SF; (415) 221-8182. $7.50-10.25. The Harimaya Bridge (Woolfolk, 2009), Wed-Thurs, call for times.

Events listings

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Event Listings are compiled by Paula Connelly. Submit items for the listings at listings@sfbg.com.

WEDNESDAY 21

"Out in Israel" Various locations, visit www.outinisraelsf.org for more details. It’s not too late to catch some of the events taking place across the Bay Area in celebration of queer Israeli culture. On Wed/20 folk singer Yael Deckelbaum will be performing at Muse Gallery (614 Alabama, SF; (415) 279-6281) at 8:30pm, free. On Thurs/21 Israeli chef and TV personality Gil Hovav will takeover Regalito’s Restaurant (3481 18th St., SF; (415) 503-0650) for a 6pm and 8pm seating wherehe will entertain guests while making traditional Israeli cuisine with a Mexican influence available at two pre fix price points of $25 or $40. For more free events, talks, and performances, visit www.outinisraelsf.org.

"Water Dilemma – Bottled or Tap?" San Francisco Main Library, Latino Hispanic Room, 100 Larkin, SF; (415) 557-4400. 6pm, free. Consumers are provided with yearly test results on contaminant levels in tap water, but the bottled water industry is not required to disclose any testing results. Hear the Director of the California Office of the Environmental Working Group (EWG) Renee Sharp discuss this disparity and the EWG’s recent discovery of array of chemical contaminants found in every bottled water brand.

THURSDAY 22

Book Arts and Environmental Awareness San Francisco Center for the Book, 300 DeHaro, SF; (415) 565-0545. 1pm, free. Celebrate Earth Day by taking part in free activities like free printmaking, green typography, making "Save – Don’t Pave – the Bay" postcards that can be mailed to elected representatives, and more.

FRIDAY 23

Academy of Sciences Neighborhood Days California Academy of Sciences, 55 Music Concourse, Golden Gate Park, SF; www.calacademy.org. Through June 13. Look up which weekend your zip code gets you a free pass into the Academy of Science, grab your housemates and photo ID with proof of residency, and get your science on. The Parkside and Sunset (94116, 94122) neighborhoods are up first.

Earth Day at City College City College of San Francisco, 50 Phelan, SF; (415) 239-3580. 11am, free. Attend this environmental fair featuring live music, instructions on how to compost including information about the new city ordinance, how to fix your bike, how to recycle, and more.

Free Dance Classes ODC Dance Commons, 351 Shotwell, SF; (415) 863-6606. Various times through May 2, free. In honor of National Dance Week, ODC is offering free dance classes in many different styles, like Afro-Cuban modern, tango, hip hop, ballet, contemporary, flamenco, belly dancing, and more.

SATURDAY 24

Swan Day Hanuman Center, 4450 18th St., SF; www.womenarts.org. 10am; $35 all day pass, individual event passes available for less. Show your support for women in the arts at this all day festival featuring a multicultural blessing, a Haitian dance workshop, an open mic, screenings of short films, and more.

Twin Peaks Bioregion Meet in Golden Gate Park, SF; call (415) 564-4107 or email iris@natureinthecity.org to RSVP and for exact meeting location. 4pm, $10-20 donation to support nature in the city. Explore the wilderness of the live oak woodlands of Golden Gate Park, Mt. Sutro, Twin Peaks, and Glen Canyon and learn about species and habitats, issues and controversies.

BAY AREA

Salute to the Women of Congo Fotovision, 5515 Doyle, Emeryville; (415) 725-1636. 1pm, $1-35 suggested donation. Make creative cards to show your support and recognition of the courageous women in the Democratic Republic of Congo. Postcards will be distributed to women on the Congo as an act of solidarity and compassion. Materials are provided, but you are welcome to bring your own photographs.

SUNDAY 25

Hot.Fat.Femmes Good Vibrations, 603 Valencia, SF; (415) 522-5460. 7pm, free. Enjoy a fiercely intellectual panel of voluptuous vixens, fattiesexuals, and fat activists at this evening of body positive, sex positive and size affirming fat girl love hosted by Virgie Tovar. Tovar will read from her most recent work and there will be a photo exhibit featuring hot fatties.

People’s Earth Day Women’s Building, 3543 18th St., SF; www.greenaction.org. 2pm, $10-$50 suggested donation. Join Greenaction and youth and women community leaders from Kettleman City and Bayview Hunters Point for an afternoon of live theater, local foods, and solidarity with these polluted communities that are fighting for health and justice.

Poem for Mother Earth Galeria de la Raza, 2857 24th St., SF; (415) 826-8009. 4pm, $5. Take part in this indigenous healing day for Earth Day featuring poets, artists, musicians, and story-tellers of all ages presenting an afternoon of Bi-lingual performance and action. In conjunction with POOR magazine, a poor and indigenous people led, non-profit grassroots arts organization.

BAY AREA

People’s Park Anniversary Concert People’s Park, Telegraph at Dwight, Berk.; www.peoplespark.org. Noon, free. Enjoy music from Antioquia, Funky Nixons, Phoenix, Wingnut Breakfast, and many more as well as activities, a circus workshop, drum circle and more to celebrate the 41st anniversary of People’s Park.

MONDAY 26

"Leaders at the Lab" Margaret Jenkins Dance Lab, suite 200, 301 8th St., SF; (415) 861-3940. 7pm, free. Choreographers, dancers, dance-makers, and enthusiasts are invited to attend this talk with choreographer Alonzo King, who will discuss the career choices he made in order to succeed in the ever-changing climate of dance-making art.

TUESDAY 27

Underground Market San Francisco Art Institute, 800 Chestnut Street, SF; foragesf.com. 4pm, free. Taste and purchase food that is being produced in backyards and home kitchens in the Bay Area at this underground market presented by Forage SF. The market will feature live music, homemade baked goods, raw chocolate, raw honey, jams, jellies, pickles, kombucha, and more.

Officials accused of destroying public documents on Palin visit

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The lesson of political scandals from Watergate through Monicagate is that the cover-up is often worse than the original crime, and that could once again prove true with the simmering conflict over large speaking fees that CSU-Stanislaus has agreed to pay Sarah Palin, particularly given new revelations that university officials might have destroyed public documents that had been requested by Sen. Leland Yee.

At a press conference convened by Yee this morning, two university students told the story of being informed by fellow students that administrators were shredding and disposing of documents in an administration building on Friday, which was particularly strange because the campus was shut down for a state-mandated furlough day.

So a group of five students started digging into a dumpster adjacent to the building that was being used that day and gathered all the documents in there, some shredded, some intact. And among those documents, they say, were pages four through nine of a contract with the Washington Speakers Bureau, which represents Palin. And although they don’t mention her by name, they reference “air travel for two between Anchorage, Alaska and event city.” (Read the document here) Palin — the former Alaska governor and vice presidential candidate who has become a darling of the Tea Baggers and other right-wing populists — is scheduled to speak at a $500 per plate fundraising on June 25.

That was precisely the kind of document that Yee and attorney Terry Francke of Californians Aware had recently requested of the university through a California Public Records Act request, although their response from the university last week was that it had no documents responsive to their request.

So Yee asked the Attorney General’s Office to look into the matter, which could be what triggered the document destruction session, with officials fearing they might get caught in a lie. The CPRA allows for civil penalties for refusing to disclose public documents, while the Penal Code indicates willful destruction of public records may be considered a criminal act.

“This is an issue of accountability and transparency that is fundamental to our democracy,” Yee told reporters, calling the actions “unconscionable” and “reprehensible.”

Yee has been a strong critic of secrecy in the CSU and UC systems, and has unsuccessfully tried to pass laws requiring college foundations to be bound by open government and public records laws. That’s an issue in this case considering it’s the CSU-Stanislaus foundation that is hosting Palin’s visit, although Yee has pointed out that the university president and other top officials control the foundation, which uses campus facilities and resources.

“What we’re finding is with more and more of these foundations, there’s unethical and illegal stuff going on and nobody knows what’s going on,” Yee said, citing as an example the indictment of former City College of San Francisco chancellor Phillip Day for illegally laundering public funds for private use through the foundation.

But if the students’ story holds up, it now appears that the university itself was in possession of the documents that Yee requested, the first evidence that it wasn’t just the foundation that was involved with the Palin visit. 

Francke told reporters that he plans to file a lawsuit over the matter this week, depending on what the AG’s Office does. “Our purpose is to get a court decision that regards these documents as university documents and not just foundation documents,” he said.

Calls to the CSU-Stanislaus and the AG’s Office have not yet been returned, so check back for more details later.  

Part of the solution

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Caitlin@sfbg.com

CAREERS AND ED Just a thought. As our country becomes an economic-cultural stew fraught with problems so complex we don’t even know yet what they are, different approaches to education may be necessary for tomorrow’s good guys. Which is why it’s so positive that Bay Area higher ed institutions have developed unique degree programs that anticipate tomorrow’s issues today. From robot wars to social stratification — learn about this stuff and you’ve got the skills you need for the battles to come.

 

PHILIPPINE STUDIES

Rare is the program in our country that offers a concentration in the culture and history of the Philippines. But with 40,072 Filipinos in the Bay Area, that’s an oversight USF was happy to correct with this concentration, which can be paired with any of its undergraduate degrees to create a Filipino context within science, art, nursing, or the humanities.

University of San Francisco, 2130 Fulton, SF. (415) 422-5555, www.usfca.edu

 

LABOR AND COMMUNITY STUDIES

This associate degree program focuses on giving working people the educational background they need to be effective in the world of labor union activism — collective bargaining, labor law, and workplace discrimination issues, among other things. The school also runs not-for-credit programs that link minority students and workers up with job training for careers in the trades. Kicking ass for the working class, and all that.

City College of San Francisco, Evans Campus, 1400 Evans, SF. (415) 550-4459

www.ccsf.edu

 

TRANSFORMATIVE LEADERSHIP

On the slightly less tangible end of the spectrum, the California Institute for Integral Studies offers an online master’s degree program for “personal transformation and creating positive change in the world.” Courses focus on group mediation, identifying one’s own strengths and weaknesses, and effective leadership. Let Your Love Shine 101 (for professionals).

California Institute for Integral Studies, 1453 Mission, SF. (415) 575-6100, www.ciis.edu

 

EQUITY AND SOCIAL JUSTICE IN EDUCATION

There’s no way an equitable educational system wouldn’t improve this crazy old country of ours. To that end, the future teachers and leaders in this concentration of the master’s program in education study historical/political perspectives of injustice in schools, with a mind to changing things about the way Americans learn.

San Francisco State University, 1600 Holloway, SF. (415) 338-1111, www.sfsu.ca

 

DISABILITY STUDIES

A unique minor at Berkeley examines how the concept of disability has been shaped and created by our social constructs over time. Attention is also paid to how the interpretation of disability has been highlighted in law, art, and politics. The Web site on the study features a wheelchair basketball league open to all comers regardless of bodily capabilities.

University of California Berkeley, Berk. (415) 643-7691, www.berkeley.edu

 

COMPUTER GAME DESIGN

Look, not everything in the future’s gonna be heavy! We’re still gonna need people who are real good at making blood look realistic and keeping a step ahead of everyone’s World of Warcraft avatars. The students in this undergraduate major have seen the light: if we don’t master the machines, they master us.

University of California Santa Cruz, 1156 High, Santa Cruz. (831) 459-0111, www.ucsc.edu

In the wake of March 4, education battles continue

Two weeks after protests against cuts to education filled Bay Area streets (and one freeway) on March 4, employees in the public-education sector are still engaged in a fight against budgetary rollbacks. But it’s an uphill battle, as was made clear at a briefing organized by United Educators of San Francisco at City College of San Francisco March 18.

At El Dorado Elementary School in the Bayview, 11 of 15 teachers were issued pink slips, according to elementary school teacher Megan Caluza (featured in the video above). While this doesn’t mean all 11 teachers are on their way out the door, it does mean that none of them knows for sure whether there’s a guaranteed job in the school district in the coming year. Since the budget cuts hit, Caluza says she’s been spending just as much time “fighting to teach” as she has in the actual classroom.

Elementary schools aren’t the only places being hit hard. Statewide, more than 23,000 layoff notices were sent to K-12 teachers recently, with no one knowing for sure which recipients will stay or face job losses.

“What is more important to you, corporate tax loopholes, or teachers in your daughter’s classroom?” asked Dennis Kelly, president of United Educators of San Francisco. “A college education for your son to get ahead, or tax breaks for the wealthiest Californians?”

Meanwhile, community colleges throughout the state face fee hikes even as classes are being cancelled, summer programs are being scaled back or eliminated altogether, and staff faces layoffs and furloughs. According to AgainstCuts.org, a group that was instrumental in organizing March 4 activities, the student population at California community colleges is comprised of more than 50 percent women and people of color, with around 80 percent of students working while taking classes. Blows to this educational system impedes opportunities for career advancement for the nearly 3 million community college students, which is bad news not just for students with lifelong dreams and high hopes, but California’s economy as a whole.

On Monday, March 22, more than 3,000 students, faculty members and others from City College of San Francisco plan to hold a march and rally in Sacramento to highlight the impact of cuts to community colleges. Around 62 buses will be leaving SF early in the morning to arrive in Sacramento for a 10 a.m. rally on the steps of the State Capitol Building.

Joining students and teachers at CCSF yesterday was a representative from Californians for Democracy, an organization that is pushing a November ballot initiative, authored by University of California Berkeley Professor George Lakoff, that would change the two-thirds majority vote requirement for the state Legislature to pass a budget or raise taxes to a simple majority vote. While the initiative is still circulating petitions to gather signatures, it seems to have found allies in the growing movement against cuts to education.  

March 4 represented “the first time we’ve ever done an all-education action,” Joan Berezin, a faculty member at Berkeley City College for 20 years, told the Guardian. “We’re trying to build the broadest coalition possible.”

Concerns raised about City College-Foundation pact

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By Jobert Poblete

At its meeting yesterday, the City College of San Francisco Board of Trustees discussed a new draft agreement with its fundraising arm, the Foundation of City College of San Francisco. As reported in this week’s Guardian, the foundation is seeking greater autonomy from the college. The CCSF trustees limited their discussion to proposed changes to the draft agreement, but a final decision may be reached as early as next month in advance of the foundation board’s March 16 meeting.

City College trustee John Rizzo, who was part of the task force that drafted the agreement, explained that the new deal would give the foundation control of all funds except for $3 million raised by CCSF departments and faculty. Rizzo also said that the CCSF task force pushed the foundation to shift its focus from scholarships to saving classes and to operate with a level of transparency beyond the minimum required from nonprofit organizations.

Budget deficits have led to the cancellation or elimination of 1500 sections, including all 2010 summer classes, at CCSF. The draft agreement would require the foundation to consider sources and new fundraising that could be used to fund classes and programs, but trustee Steve Ngo called for a stronger commitment from the foundation to tap existing resources, including investment gains and restricted funds.

Hal Huntsman, president of the CCSF Academic Senate, presented the trustees with a resolution from the Senate’s executive council recommending that the new agreement not be approved without shared governance review and approval. Huntsman also raised concerns about changes to the foundation’s bylaws that would give representatives from CCSF’s academic and classified senates seats on the foundation board, but with one-year terms instead of the customary three years.

Trustee Lawrence Wong raised the possibility of asking the foundation for more time to discuss the issues raised at the meeting and to allow the shared governance bodies to weigh in. Chancellor Don Griffin reiterated the need to solicit buy-in from the college’s constituent bodies but called on the board to stay on schedule. “The board has spent a lot of time on these negotiations,” Griffin said. “And I think we’re 99 percent of the way there.”

A committee made up of representatives from the college and the foundation will meet again this month or early March. The CCSF board may then call a special meeting to vote on the agreement in advance of the foundation board’s quarterly meeting on March 16.

Fixing the Foundation

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By Anna Widdowson

news@sfbg.com

The Foundation of City College of San Francisco is seeking to shield its financial dealings from public scrutiny under a new agreement that could limit the college district’s oversight of fundraising done in its name.

The agreement establishes the formal relationship between the foundation and the district, renewing a document that expired last June. But it became controversial when the district sought to make the foundation into an auxiliary organization, which would allow greater oversight by the district and the public, while the foundation sought greater autonomy and secrecy surrounding its fundraising operations.

The two sides have been in strained negotiations for months, but the freshly inked compromise agreement will likely be on the Feb. 25 Board of Trustees’ agenda as a discussion item so that public testimony can be taken and changes can be made before it’s formally considered for approval.

The backdrop of the dispute — and the reason it’s so contentious — is last year’s criminal indictment of former City College Chancellor Philip Day for a money-laundering scheme using foundation accounts. Last July, Day was charged with eight felonies for misappropriating more than $150,000 in college funds, including using the foundation to funnel public money into a political campaign and maintaining an unregulated slush fund. The trial is set to begin later this year.

But the foundation, which controls more than $19 million in scholarships and other assets for the district, says that corruption is precisely why it wants to back away from the college, which managed the foundation’s finances under the previous agreement that expired last June.

Peter Bagatelos, the foundation’s lawyer, said Day’s missteps have cast a shadow on the foundation that has impeded its ability to fundraise. He explained that many donors mistook the district’s actions for those of the foundation and were scared away from donating, which is why the foundation is seeking to be an independent body.

Yet a Guardian investigation (“On shaky ground,” 3/5/08) unearthed documents showing that the foundation helped Day launder $35,000 in public funds into a 2006 political campaign, although an internal audit couldn’t find evidence that foundation directors approved the transfer and, as Bagetelos told us at the time, “It was never done with their consent or knowledge or participation.”

Now the foundation is asserting that it cannot fundraise successfully if it is turned into an auxiliary organization, as some trustees are seeking, which would subject the foundation to public records, open meetings, and other sunshine laws that Bagatelos derided as “a lot of bureaucracy and entanglements.”

“They just want to go out and raise money to help the students,” Bagatelos said. As for why transparency hinders that cause, he said: “There are many donors who don’t want to be made public.”

“The foundation is not a public agency, it’s a private corporation,” he noted.

A rough draft of the agreement, which is still under review, lays out the steps the foundation will take to gain greater autonomy, including hiring and paying its own employees, and adopting a structure comparable to other nonprofit entities to make it more attractive to prospective donors.

But some college trustees, including President Milton Marks and Vice President John Rizzo, believe they should be given greater oversight over the foundation’s finances. “The district [and the foundation are] equally tarnished by the activity because they enabled [Day],” Rizzo said. “I just want to get enough sunshine in there that goes beyond what they have to report by law, so if a future chancellor does something like that, we’ll know about it.”

Bagatelos said the foundation will still be subject to monthly reviews and regular audits as outlined by the laws governing all nonprofit organizations, but the district may not have access to donor and fundraising information.

Hao Huntsman, president of the Academic Senate, which represents the college faculty, said this lack of transparency would hurt the ability of both entities to rebuild their reputations.

“The foundation raises money using the City College name. We have a lot of investment in that name and are very sensitive to how that name is being used and the kinds of places we are soliciting money from,” he said. “We don’t want to be taking money from firearm manufacturers and tobacco companies, for example.”

But Rizzo explained that the college has no control over where the foundation gets its donations. “They could collect money from PG&E or Chevron and give scholarships and the district would have no say,” he said.

This leaves the college wide open to efforts by corporations to make donations that direct the course of research at the college, a phenomenon that has blighted many a public school over the years. “We are concerned that there won’t be the same degree of knowing,” Huntsman said. “If the college doesn’t have a say in the control of that money, it could be used for something other than what it was intended for.”

As it stands, the foundation primarily raises money for scholarships. Rizzo would also like to see the foundation give the college from $3 million to $5 million annually to help cover operational costs and close the budget deficit. “It’s great to have scholarships, but if we don’t have classes the scholarship can’t mean much,” he said.

Rizzo and Huntsman also want the new agreement to require the foundation to turn over upwards of $3 million raised by faculty members independently of the foundation.

Rick Knee, a member of the San Francisco Sunshine Ordinance Task Force who has tried for years to bring City College under its oversight, said the potential agreement raises concerns about the foundation’s ability to wield unprecedented political clout.

“It might enable them to do some arm twisting,” Knee said. “If the foundation wants to make a clean break from the Day era, they should give the current Board of Trustees a chance to make their case and demonstrate that they’re not Phil Day.”

Peter Scheer, executive director of the First Amendment Coalition, said that an agreement in which there was both independence and transparency for the two parties would strike an appropriate balance.

“The irony here is that you have the college and the foundation saying the exact same thing,” he said. “The college is worried that unless they have control the foundation will threaten its integrity, and the foundation is saying that without autonomy the school will tarnish its name and make it harder for them to get donors. They are both right in light of what happened with Day.”

Lawyers on both sides agree that, as a nonprofit, the foundation has the right to control its own assets. But that doesn’t mean they should keep the district in the dark, say the trustees, who want the foundation to open its books to the district, if only to ensure a modicum of public accountability.

Rizzo, who was on the negotiating team, told us that the agreement currently maintains donor secrecy but allows for some financial oversight by the district, including monthly audit reports and notification of instances when district funds enter foundation accounts. “They’ll have to report some things to the Board of Trustees, then the district will make them public,” Rizzo said. “But they do not want to report donor names and that will be an item of discussion.” *

Steven T. Jones contributed to this report.

Progressives control City College board

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By Anna Widdowson

The reelection of Milton Marks III as President of the City College of San Francisco’s Board of Trustees ruffled some feathers during last week’s board meeting, but it signals a real shift in the balance of power in the governance of this troubled district.

Dissent came primarily from longtime board member Natalie Berg, a fairly conservative and consistent (and crabby) supporter of former City College Chancellor Philip Day, who was indicted last July on eight felony charges for misappropriating public funds. Other longtime board members (and Day enablers) Lawrence Wong and Anita Grier also voted against Marks, who was a fairly isolated public interest advocate until two years ago, when he began to accumulate some allies.

One of those allies, progressive activist John Rizzo, last year replaced Berg as the board’s vice president, a post we was reelected to last week on the same 4-3 vote that Marks got. But while Berg opposes the pair on ideological grounds, she couched her criticism in the “long-standing tradition” of Board presidents’ declining to serve two terms in a row. She called Marks’s reelection “unprecedented” and a blow to the Board’s democracy.

Marks attributed the controversy over his reelection to a shift in the culture and ideology within the board. “(Berg) and other people used to have a real lock on the board and how it was run,” Marks told us. “Now there is a solid four votes on our side and I think they are feeling really unhappy that their time has come and gone.”

Marks noted that last year was the Board’s single most productive year in memory, which is probably a commentary on how abysmally this board has traditionally done its job as much as anything.

Berg has sat on the Board since 1996, and has served as president three times, though not in succession. Despite her quibbling, Berg didn’t offer to take the reigns herself, even after one concerned citizen audibly whispered from the audience, “If you’re so upset, why don’t you run?”

In fact, no one but Marks and Rizzo was nominated for either position. According to Marks, despite attempts to strong-arm the newest board members, Chris Jackson and Steve Ngo, the trio of dissenters knew they couldn’t win the election.

“They kind of scared Chris,” Marks said. “But he is such an honorable guy he never went back on his commitment to me or his ideology. And without his and Ngo’s vote, they knew they would lose the election and they didn’t want to be embarrassed.”

Jackson expressed distaste for the squabbling, and wondered aloud if perhaps students’ needs were a more pressing issue than elections. After all, if Berg keeps hogging air-time at meetings, the Board is likely to be largely stale-mated by petty internal power struggles.

 

Alerts

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alerts@sfbg.com

WEDNESDAY, DEC. 16

SF Carbon Collaborative


Attend this panel discussion on justice, equity, and sufficiency in climate negotiations and the role these values play in national and local climate action. Speakers include Jonah Sachs, cofounder of Free Range Studios and Linda Maepa, from Electron Vault Now.

6 p.m., free

Crocker Galleria

Green Zebra storefront

50 Post, SF

www.carboncollaborative.org

THURSDAY, DEC. 17

City College meeting


Attend this monthly business meeting of City College of San Francisco’s Board of Trustees. A video of the meeting will also be telecast on EaTV Cable Channel 27 at 8:30 p.m. Dec. 23.

6 p.m., free

Auditorium

City College

33 Gough Campus, SF

www.ccsf.edu

Stop the violence


Take part in the International Day to End Violence Against Sex Workers by attending this memorial vigil ritual at Femina Potens Art Gallery, a space dedicated to LGBT visual arts exhibitions, media arts events, public arts projects, performances, and educational programs.

7 p.m., free

Femina Potens Art Gallery

2199 Market, SF

(415) 864-1558

Protest BART’s police chief


Protest at a forum being held by BART to hear the community’s thoughts and opinions on choosing a new BART police chief. Don’t let Chief Gary Gee walk away from his job with no accountability for the Jan. 1 murder of Oscar Grant by a BART police officer.

6 p.m., free

Joseph P. Bort MetroCenter Auditorium

101 Eighth St., Oakl.

www.indybay.org/oscargrant

Traditional Seeds


Join in the dialogue about the value of traditional crop varieties and ecological agriculture in an increasingly unstable world climate at this talk featuring Debal Deb, ecologist and founding director of the Center for Interdisciplinary Studies in West Bengal, India.

7p.m.; free, donations for Dr. Deb’s initiatives accepted

Ecology Center

2530 San Pablo, Berk.

(510) 548-4915

Wine for a cause


Attend this wine tasting event titled "Drink Good Wine, Do Good Works" featuring wines that support access to healthcare for California vineyard workers. Donate canned goods to SF Food Bank for $5 off admission.

6 p.m., $15

Jovino

2184 Union, SF

(650) 796-1607

FRIDAY, DEC. 18

Say no to war


Rally to demand that we bring our troops home now.

2 p.m., free

Acton and University, Berk.

(510) 841-4143

Women in Black vigil


Protest the ongoing occupation of Palestine and attacks on Gazans by attending this vigil for Tristan Anderson, who was critically injured by Israeli forces, and by contacting the Consul General David Akov at the Israeli Consulate to demand an end to the violence at concal.sec@sanfrancisco.mfa.gov.il.

Noon, free

Bancroft and Telegraph, Berk.

(510) 548-6310

SATURDAY, DEC. 19

Single-payer now


Attend this healthcare forum and holiday potluck featuring presentations by Assembly Member Tom Ammiano, principal author of SB 810 California Universal Healthcare Act, and Rep. Eric Massa (D-N.Y.), one of two cosponsors of HR 676 . Single-payer legislation has been passed twice by the California legislature but was vetoed by Gov. Schwarzenegger.

3 p.m., free

St. Mary’s Cathedral

1111 Gough, SF

(415) 695-7891

Mail items for Alerts to the Guardian Building, 135 Mississippi St., SF, CA 94107; fax to (415) 255-8762; or e-mail alerts@sfbg.com. Please include a contact telephone number. Items must be received at least one week prior to the publication date.

Goldies Extra — Cary Cronenwett’s revolution now

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By Cheryl Eddy

maggots.jpg
Still from Maggots and Men

“It was schoolboys sitting in the classroom, having daydreams,” Cary Cronenwett explains, describing Phineas Slipped, his 2003 debut as a director. “The classroom was in video, and the daydreams that the boys had were little Super 8 [films]. It was bullies, and bullies being bullied, and it was sexy and violent and stuff like that.”

Five years in the making — including time spent studying filmmaking at City College of San Francisco with director of photography Ilona Berger — Cronenwett’s follow-up effort Maggots and Men was first seen by Bay Area audiences as a short film (“sort of an overgrown trailer,” as Cronenwett calls it)


trailer for Maggots and Men

Maggots and Men | MySpace Video

“The structure of the film is kind of expandable and contractable. It’s broken up into discrete stories, or segments. More of those could be added, or taken away,” Cronenwett says. “I did the same thing with my first film: the idea was to get three quarters of the way through it, and then see what’s needed. I always wanted to lean towards the side of making it shorter and really dense. But I also thought, we’ll see how it works out and maybe it needs to become longer.”

Cary Cronenwett

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Cary Cronenwett first heard the cinematic call in 1998. He was volunteering at Frameline, the San Francisco International LGBT Film Festival, and caught an experimental film, Dandy Dust, by Austrian director A. Hans Schierl. "That made me think, ‘Wow — I could make a film.’ I think it’s a natural reaction that everybody has after watching a shorts program. I was like, ‘I’ll make something five minutes [long] — it’ll be really cool!’"

As Cronenwett soon realized, nothing is easy when it comes to filmmaking. In 2003, after more than a year of work, Phineas Slipped, a 16-minute short about daydreaming schoolboys, screened at Frameline. One of Phineas Slipped‘s main characters is played by Stormy Henry Knight, who also stars in Cronenwett’s debut feature, Maggots and Men. Earlier this year, Cronenwett described Knight to Guardian writer Matt Sussman as "the transgender Matt Dillon" — and the principle Maggots cast is composed of similarly hunky FTM actors, along with a handful of women and biological men (including a Lenin lookalike). The story is based on the real-life Kronstadt Rebellion of 1921, in which a group of sailors organized an ultimately unsuccessful revolt against the Bolshevik government. The style is reminiscent of Russian director Sergei Eisenstein’s most famous film, a chapter of which gave Maggots its title.

"I hadn’t seen Battleship Potemkin [1925] when I had the idea [for Maggots and Men]," Cronenwett admits. "My interest was making a sailor movie and playing with the masculine icon. I wanted to do something that was really romantic and took place in a different time and place."

Five years in the making — including time spent studying filmmaking at City College of San Francisco — the work was first seen by Bay Area audiences as a short film at Frameline 2008. The final, 53-minute version unspooled at Frameline 2009; Cronenwett credits San Francisco’s vast DIY and artistic networks with helping him get to the finish line: "Different people got excited about the project for different reasons. Some people were drawn because they’re interested in Russian history, [or] Super 8 special effects. And then we had trans guys who were interested in working with other trans guys on an art project, which was exciting."

The film’s revolutionary ideas extend beyond historical reenactment. "The film contextualizes the movement for transgender equality in a larger social justice movement," Cronenwett wrote in a post-interview e-mail. "It’s about hope, a vision. It’s about the corruption of power and a system that crushes its opposition. It’s about wanting more from society."

www.homepage.mac.com/gowithflo/krondweb

>>GOLDIES 2009: The 21st Guardian Outstanding Local Discovery awards, honoring the Bay’s best in arts

Events listings

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Events listings are compiled by Paula Connelly. Submit items for the listings at listings@sfbg.com.

FRIDAY 30

Bedbugs: Modern Vampires City College of San Francisco, Science Building, room 300, 50 Phelan, SF; (415) 239-3580. Noon, free. Hear Johnson Ojo, Ph.D. from the San Francisco department of health describe the life cycle of bedbugs, our 21st century vampires. Dr. Ojo will discuss the factors that have led to their reemergence and current public health measures to control infestations in San Francisco.

Ghost Walk Palace Hotel, 2 New Montgomery, SF; (415) 557-4266. 6:30pm, free. Learn about the spooky history of the historic Palace hotel, how King Kalakaua, the last king of Hawaii, died there in 1891, how it was rebuilt after burning in the 1906 quake, how President Warren G. Harding died in office there in 1923, and more tragedies and heartbreaks that keep the halls buzzing with spectral visions and mysterious occurrences.

Postmortem Legion of Honor, 100 34th Ave., SF; (415) 750-3548. 8pm, $85. Dance among the undead at this "Ghoulish Gala," combining complimentary potions and witches brews with the current mummy exhibit featuring Irethorrou, a 2,500 year old Egyptian mummy.

BAY AREA

Hallowmas Orinda Masonic Temple, 9 Altarinda, Orinda; (925) 787-9247. 6:30pm, $29. Join other women and girls from the Bay Area to celebrate the Pagan New Year at this annual Womyn’s Ritual and Spiral Dance accompanied by an artisan and craftswomen marketplace.

SATURDAY 31

Classic Ghost Stories North Beach Library, 2000 Mason, SF; (415) 355-5626. 2pm, free. Be a part of the Sitdown Readers’ Theater and help read aloud classic ghost stories like "The Turn of the Screw" by Henry James and "Thrawn Janet" by Robert Louis Stevenson or bring your own favorites.

Costume Walk Yerba Buena Children’s Garden, 4th St. at Howard, SF; (415) 543-1718. Noon, free. Children under 10 and their families are invited to participate in interactive performances and games for kids followed by a costume parade.

Creature Features Exploratorium, 3601 Lyon, SF; (415) 561-0360. 3pm; $10-16, discount in costume. Begin your Halloween festivities with creepy creatures, plants, giant insects, a haunted Victorian house on wheels, and more. Including candy for the kids and a cash bar for adults.

Drop Dead Sexy Block Party Broadway between Montgomery and Columbus, SF; www.megahalloweensf.com. 8pm, $35. Buy a wristband and gain access to multiple clubs for costume contests and DJs spinning hip hop, R&B, mashups, top 40, electro, and more.

End of the Night Justin Herman Plaza, Market at Embarcadero, SF; journey.totheendofthenight.com. 7pm, free. Be a part of this city wide game of tag spanning

San Francisco’s haunted cityscape on Halloween. Players try to make it through six checkpoints on foot or by public transportation, without being caught by chasers. Those caught become chasers themselves.

Freakshow Terra Gallery, 511 Harrison, SF; www.terrasf.com. 9pm, $30. Attend a 1930’s circus big top Halloween party featuring a freakshow with aerialists, jugglers, clowns, DJs spinning indie, pop, and alternative sounds, and more.

Halloween Party Cat Club, 1190 Folsom, SF; (415) 703-8964. 9pm, $15 with costume. In response to years of violence in the Castro, Peaches Christ and Helinka are hosting a fright-night featuring a costume contest, midnight drag show, classic horror films projected on screens, and DJs spinning creepy dance music.

Make Drag, Not War Dance Mission Theater, 3316 24th St., SF; www.againstmilitarism.org. 7:30pm, $20. Join Iraq Veterans Against War (IVAW) for a night of activist drag and dance theater featuring the drag debut of more than a dozen Iraq veterans as a benefit for Dialogues Against Militarism (DAM).

Spider Ball Bently Reserve, 400 Sansome, SF; spiderball.com. 10pm, $55. Dress to impress at this decadent Halloween party and fundraiser for the Black Rock Arts Foundation (BRAF) and enjoy DJs, live acts, and more.

Spiral Dance Ritual Kezar Pavilion, 755 Stanyan, SF; www.reclaiming.org. 7:30pm, $20-100. Honor the dead and celebrate renewal at this spiral dance ritual happening on the day of the year when the veil is thin between the worlds of the living and the dead.

SUNDAY 1

Dia de los Muertos Concert San Francisco Symphony, Davies Symphony Hall, 201 Van Ness, SF; (415) 864-6000. 2pm, $15-65. Celebrate Latino culture at this family concert featuring music, dance, art, and storytelling from the traditions of the Day of the Dead.

MONDAY 2

Dia de los Muertos 24th St. and Bryant, SF; www.dayofthedeadsf.org. 7pm, free. Join thousands of families, community members, artists, and activists for the annual Day of the Dead procession and public altar exhibit. Procession ends at a Festival of Altars in Garfield Park, located at 26th and Harrison.


Selling stuff to educate kids

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By Melanie Ruiz
garage-sale-sign.jpg
This Saturday, Oct. 24, City College of San Francisco (CCSF) is holding a garage sale and flea market to raise money to help offset billions of dollars cut from the state’s public education budget. The district lost $20-25 million this school year under the current state budget, a decision that Milton Marks, president of the CCSF Board of Trustees, says was “made in error and is short-sided.”

Marks admits that it, “really is absurd for the college to be doing this,” but said it illustrates what public agencies are being forced to do to survive in this no-tax climate. The money raised through the sale of donated goods will go to restoring classes and increasing counseling services for the spring semester. In August, Gov. Arnold Schwarzenegger created the “Great California Garage Sale,” in which state property was sold for just over $1.6 million, a drop in the bucket for the education sector’s needs.

With furloughs, class cuts, and tuition increases littering our public education system, schools have to do something to mitigate the situation for both students and faculty, including fostering a sense of community. There has been great support from people, says Marks, as this event, “gives people a sense of community and helps them feel like they are able to do something.”

Events listings

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Events listings are compiled by Paula Connelly. Submit items for the listings at listings@sfbg.com.

WEDNESDAY 21

Distribution Workshop Artists’ Television Access, 992 Valencia, SF; festival@atasite.org. 7:30pm, free. Gain insight into the world of experimental film exhibition and distribution at this workshop and panel discussion featuring Joel Bachar from Microcinema International, filmmaker Jonathan Marlow from SFcinemateque, filmmaker Maia Carpenter from Canyon Cinema, filmmaker Craig Baldwin from Other Cinema, and associate editor and producer of Wholphin, Emily Doe.

Root Division Auction Root Division, 3175 17th St., SF; (415) 863-7668. 7:30pm, $35. Support artists and arts education at this community auction and benefit for local emerging artists and Root Division’s after school art program for Bay Area youth.

FRIDAY 23

Art in Storefronts 989 Market, SF; www.sfartscommission.org/storefronts. 5pm, free. Enjoy live music and pick up a map at the opening party for the Art in Storefronts program, where participating storefronts along central Market and Taylor streets will display original window installations done by San Francisco artists.

Crush It! The Booksmith, 1644 Haight, SF; (415) 863-8688. 6pm; $22, includes book. Meet Gary Vaynerchuk, host of the popular daily webcast The Thunder Show on tv.winelibrary.com, and get a copy of his new book Crush It! Why now is the time to cash in on your passion, a guide on how to turn your interests into businesses.

Haunted Haight Walking Tour Starts in front of Coffee to the People, 1206 Masonic, SF; (415) 863-1416. Fri., Sat., and Sun throughout October, 7pm; $20 advanced tickets required. Discover neighborhood spirits and hunt ghosts with a real paranormal researcher on this haunted tour which includes chances to win spooky prizes and a guidebook.

Leon Panetta Intercontinental Mark Hopkins, 999 California, SF; (415) 869-5930. 11am, $30. Hear CIA director and California native Leon Panetta discuss the current challenges facing national security. Attendees may be subject to search.

SATURDAY 24

BYOQ Music Concourse, Golden Gate Park, 55 Hagiwara Tea Garden Drive, SF; www.byoq.org. Noon, free. Come dance and play at the Bring Your Own Queer music and arts festival featuring bands, DJs, performances, art, fashion, and more.

Passport 2009 Mission Playground, Valencia between 19th and 20th St., SF; (415) 554-6080. Noon, $25 for booklet. Pick up a map and purchase a "passport" at Mission Playground and begin your adventure to various locations around the Mission to collect artist-made stamps that will personalize your Passport 2009 journey.

Save City College Sale Parking area of the Balboa Reservoir across from the San Francisco City College Ocean Campus Science Hall, 50 Phelan, SF; www.ccsf.edu/saveccsf. 9am-2pm, free. Help restore canceled classes at the City College of San Francisco for the Spring 2010 semester at this Save City College garage sale and flea market.

Opera Costume Sale San Francisco Opera Scene Shop, 800 Indiana, SF; sfopera.com. Sat. 11am-5pm, Sun. 11am-4pm; free. Get a last minute Halloween costume at the San Francisco Opera’s warehouse sale featuring hats, masks, fabrics, shoes, and handmade costumes for women, men, and children.

Potrero Hill History Night International Studies Academy, 655 De Haro, SF; (415) 863-0784. 5:30pm; free program, $6 for BBQ. Enjoy BBQ from Potrero Hill restaurants and music by the Apollo Jazz Group, followed by a performance by the I.S.A. Community Choir, and ending with interviews of unique long-time residents.

Walk for Farm Animals Ferry Market Plaza, meet behind the Vallicourt Fountain in Justin Herman Plaza, SF; 607-583-2225. Noon, $20. Help expand awareness of the unnecessary suffering that farm animals endure and help raise funds for Farm Sanctuary, a farm animal rescue, education, and advocacy organization.

BAY AREA

Exotic Erotic Ball Cow Palace 2600 Geneva, Daly City; (415) 567-BALL. 8pm, $79. Attend the 30th anniversary of the Exotic Erotic Ball, a lingerie, fetish, and masquerade celebration of human sexuality and freedom of expression featuring live music, DJs, and costume contests.

SUNDAY 25

BAY AREA

Sister of Fire Awards Oakland Asian Cultural Center, 388 9th St., Oak; (510) 444-2700. 11am, $50-5,000. Help honor four remarkable women: Civil rights and immigration advocate Banafsheh Akhlaghi, Colombian indigenous rights advocate Ana Maria Murillo of Mujer U’wa, employment and labor rights advocate and author Lora Jo Foo and Tirien Steinbach of the East Bay Community Law Center. Featuring brunch and live music.

MONDAY 26

Ghosts of City Hall SF City Hall, meet at South Light Court, through Polk street entrance, 1 Dr. Carlton B. Goodlett Place, SF; (415) 557-4266. 6:30pm, free. Hear stories of disinterred remains, assassinations, and other ghostly lore, like the little-known fact that a cemetery once covered Civic Center. Allow time for security check.

Top City College officials charged with felonies

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By Steven T. Jones
Day.jpg
Former City College Chancellor Phillip Day

Former City College of San Francisco Chancellor Phillip Day and two other top administrators were today charged with several felony counts of misappropriating public funds and steering them into political campaigns and a secret slush fund controlled by Day, who faces nine years in prison.
The indictment by the District Attorney’s Office was reported by San Francisco Chronicle reporter Lance Williams, who originally broke the story about City College officials laundering payments to the college into a bond campaign. Guardian reporter G.W. Schulz later furthered the story by uncovering the role the City College Foundation played in the money-laundering scheme and how the San Francisco Ethics Commission ignored gross violations of campaign finance law.
But the indictment – fueled by subpoenaed testimony and a raid in May – goes even further, uncovering a Day-controlled slush fund that he used “to pay for alcohol for parties he hosted, parking tickets run up by wealthy alumni and for his membership at the City Club of San Francisco in the Financial District,” according to Chronicle reports on the indictment.
While the report says elected trustees didn’t know about the slush fund and none were charged with crimes, the Guardian has long criticized veteran board members such as Natalie Berg with colluding with Day to misuse bond money, avoid public accountability, and cover up for a corrupt administration.
Now that District Attorney Kamala Harris has confirmed that the shenanigans that have long marred City College were criminal in nature, that’s just the beginning of the house cleaning that needs to take place within this important institution.

City College raid moves us closer to accountability

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By Steven T. Jones

News that prosecutors have raided the administrative offices at City College of San Francisco seeking documents associated with a scheme to launder public funds into campaign contributions (a story that Chron investigative reporter Lance Williams broke in 2007, and which the Guardian has furthered a couple times) is a big deal and a long time in coming.

As the Guardian has written repeatedly over the years, City College administrators from former Chancellor Phil Day on down have always played fast and loose with the people’s money and need to be held accountable.

The DA’s investigation should cast a wide net in learning who knew about this money laundering scheme, including looking at longtime board members who enabled Day and held back the reformers. Luckily, that board now has some public spirited members, including Milton Marks, John Rizzo, and Chris Jackson (who just joined the board last year), but they’re still in the minority. Nonetheless, they need to push this board to work hard to restore the public’s confidence in this important institution.

Law vs. Justice

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steve@sfbg.com

City Attorney Dennis Herrera relishes his reputation as a crusading reformer. For several years, his official Web site prominently displayed the phrase "Activism defines SF City Attorney’s Office," linked to a laudatory 2004 Los Angeles Times article with that headline.

"Doing what we can do to ensure civil rights for everyone is not something we are going to back away from," was the quote from that piece Herrera chose to highlight on his homepage, referring to his work on marriage equality. The article also praises the City Attorney’s Office practice of proactively filing cases to protect public health and the environment and to expand consumer rights.

But more recently the City Attorney’s Office also has aggressively pushed cases that create troubling precedents for civil rights and prevent law enforcement officials from being held accountable for false arrests, abusive behavior, mistreatment of detainees, and even allegedly framing innocent people for murder.

Three particular cases, which have been the subject of past stories by the Guardian, reveal unacceptable official conduct — yet each was aggressively challenged using the virtually unlimited resources of the City Attorney’s Office. In fact, Herrera’s team pushed these cases to the point of potentially establishing troubling precedents that could apply throughout the country.

Attorney Peter Keane, who teaches ethics at Golden Gate University School of Law and used to evaluate police conduct cases as a member of the Police Commission, said city attorneys sometimes find themselves trapped between their dual obligations to promote the public good and vigorously defend their clients. "Therein lies the problem, and it’s a problem that can’t be easily reconciled," he told us.

"A lawyer’s obligation is to give total loyalty to a client within ethical limits," Keane said, noting his respect for Herrera. But in police misconduct cases, Keane said, "it is desirable public policy to have police engage in ethical conduct and not do anything to abuse citizens."

RODEL RODIS VS. SF


Attorney Rodel Rodis is a prominent Filipino activist, newspaper columnist, and until this year was a longtime elected member of the City College of San Francisco Board of Trustees. So it never made much sense that he would knowingly try to pass a counterfeit $100 bill at his neighborhood Walgreens in 2003 (see "Real money, false arrest," 7/9/08).

Nonetheless, the store clerk was unfamiliar with an older bill Rodis used to pay for a purchase and called police, who immediately placed Rodis in handcuffs. When police couldn’t conclusively determine whether the bill was real, they dragged Rodis out of the store, placed him in a patrol car out front, and took him in for questioning while they tested the bill.

There was no need to arrest him, as subsequent San Francisco Police Department orders clarified. They could simply have taken his name and the bill and allowed him to retrieve it later. After all, mere possession of a counterfeit bill doesn’t indicate criminal intent.

The police finally determined that the bill was real and released Rodis from his handcuffs and police custody. Rodis was outraged by his treatment, and sued. He insisted that the case was about the civil rights principle and not the money — indeed, he says he offered to settle with the city for a mere $15,000.

"I told my lawyer that I didn’t want a precedent that would hurt civil liberties," Rodis told the Guardian.

To his surprise, however, the City Attorney’s Office aggressively appealed rulings in Rodis’ favor all the way up to the U.S. Supreme Court, which found that the officers enjoyed immunity and ordered reconsideration by the Ninth Circuit Court of Appeals. Last month the Ninth Circuit ruled in the city’s favor, thus expanding protections for police officers.

Rodis can now name cases from around the country, all with egregious police misconduct, that cite his case as support. "Even with that kind of abuse, people can no longer sue because of my case," Rodis said.

Herrera disputes the precedent-setting nature of the case, saying the facts of each case are different. "We’re defending them in accordance with the state of the law as it stands today," Herrera said, arguing that officers in the Rodis case acted reasonably, even if they got it wrong. "We look at each case on its facts and its merits."

Herrera said he agrees with Keane that it’s often a difficult balancing act to promote policies that protect San Francisco citizens from abuse while defending city officials accused of that abuse. But ultimately, he said, "I have the ethical obligation to defend the interests of the City and County of San Francisco."

While it may be easy to criticize those who bring lawsuits seeking public funds, Rodis says it is these very cases that set the limits on police behavior and accountability. As he observed, "The difference between police in a democracy and a dictatorship is not the potential for abuse, but the liability for abuse."

MARY BULL VS. SF


In the run-up to the U.S. invasion of Iraq in 2003, there were months of antiwar protests resulting in thousands of arrests in San Francisco. Activist Mary Bull was arrested in November 2002. Bull said she was forcibly and illegally strip-searched and left naked in a cold cell for 14 hours.

San Francisco’s policy at the time — which called for strip-searching almost all inmates — was already a shaky legal ground. Years earlier Bull had won a sizable settlement against Sacramento County because she and other activists were strip-searched after being arrested for protesting a logging plan, a legal outcome that led most California counties to change their strip-search policies.

So Bull filed a lawsuit against San Francisco in 2003. The San Francisco Chronicle ran front page story in September 2003 highlighting Bull’s ordeal and another case of a woman arrested on minor charges being strip-searched, prompting all the major mayoral candidates at the time, including Gavin Newsom, to call for reform. Sheriff Michael Hennessey later modified jail policies on strip searches, conforming it to existing case law.

But the City Attorney’s Office has continued to fight Bull’s case, appealing two rulings in favor of Bull, pushing the case to the full Ninth Circuit Court of Appeals (from which a ruling is expected soon) and threatening to appeal an unfavorable ruling all the way to the U.S. Supreme Court.

"It’s pretty outrageous and humiliating to strip-search someone brought to jail on minor charges," Bull’s attorney Mark Merin told the Guardian. "If they win, they establish a bad precedent."

Herrera said the case is about inmate safety and that his office must follow case law and pursue reasonable settlements (neither side would say how much money Bull is seeking). "We do it well and we do it with a sense of justice at its core," Herrera said.

Yet Merin said the city’s actions fly in the face of established law: "In the Bull case, he’s trying to get 25 years of precedent reversed."

Merlin noted that "the problem is not with the city, it’s with the U.S. Supreme Court." In other words, by pushing cases to a right-leaning court, the city could be driving legal precedents that directly contradict its own stated policies.

"It would be nice if this city was in a different league, but they look at it like any defense firm: take it to the mat, yield no quarter" he added.

JOHN TENNISON VS. SF


For the Guardian, and for all the attorneys involved, this was a once-in-a-lifetime case. In 1990, Hunters Point residents John J. Tennison and Antoine Goff were convicted of the 1989 gang-related murder of Roderick Shannon and later given sentences of 25 years to life.

Jeff Adachi, Tennison’s attorney and now the city’s elected public defender, was shocked by a verdict that was based almost solely on the constantly mutating testimony of two young girls, ages 12 and 14, who were joyriding in a stolen car, so he continued to gather evidence.

Eventually Adachi discovered that police inspectors Earl Sanders and Napoleon Hendrix and prosecutor George Butterworth had withheld key exculpatory evidence in the case, including damaging polygraph tests on the key witnesses, other eyewitness testimony fingering a man named Lovinsky Ricard, and even a taped confession in which Ricard admitted to the murder.

After writer A.C. Thompson and the Guardian published a cover story on the case (see "The Hardest Time," 1/17/01), it was picked up pro bono by attorneys Ethan Balogh and Elliot Peters of the high-powered firm Keker & Van Nest LLP, who unearthed even more evidence that the men had been framed, including a sworn statement by one of the two key prosecution witnesses recanting her testimony and saying city officials had coached her to lie.

In 2003, federal Judge Claudia Wilken agreed to hear Tennison’s case and ruled that the prosecution team had illegally buried five different pieces of exculpatory evidence, any one of which "could have caused the result of Tennison’s new trial motion and of his trial to have been different."

She ordered Tennison immediately freed after 13 years in prison. The district attorney at the time, Terrence Hallinan, not only agreed and decided not to retry Tennison, he proactively sought the release of Goff, who was freed a few weeks later.

"The only case you can make is that this was an intentional suppression of evidence that led to the conviction of any innocent man," Adachi told the Guardian in 2003 (see "Innocent!" 9/3/03). In the article, Hallinan said "I don’t just believe this was an improper conviction; I believe Tennison is an innocent man."

But the pair has had a harder time winning compensation for their lost years. State judges denied their request, relying on the initial jury verdict, so they sued San Francisco in 2003, alleging that the prosecution team intentionally deprived them of their basic rights.

"What happened to these guys was a horrible miscarriage of justice," Balogh said.

The City Attorney’s Office has aggressively fought the case, arguing that the prosecution team enjoys blanket immunity. The courts haven’t agreed with that contention at any level, although the city spent the last two years taking it all the way to the Ninth Circuit, which largely exonerated Butterworth. The case is now set for a full trial in federal district court in September.

"They are unwilling to admit they made a mistake," Elliot said. "They are doing everything not to face up to their responsibility to these two guys."

The lawyers said both Herrera and District Attorney Kamala Harris had an obligation to look into what happened in these cases, to punish official wrongdoing, and to try to bring the actual murderer to justice. Instead the case is still open, and the man who confessed has never been seriously pursued.

Harris spokesperson Erica Derryck said the Ninth Circuit and an internal investigation cleared Butterworth "of any wrongdoing," although she didn’t address Guardian questions about what Harris has done to close the case or address its shortcomings.

In fact, the lawyers say they’re surprised that the city is so aggressively pushing a case that could ultimately go very badly for the city, particularly given the mounting lawyers’ fees.

"When we filed the case, we never thought we’d be here today," Balogh said. "They had a bad hand and instead of folding it and trying to pursue justice in this case, they doubled down."

Herrera doesn’t see it that way, instead making a lawyerly argument about what the prosecution team knew and when. "Our belief is there is no evidence that Sanders and Hendrix had information early on that they suppressed," Herrera said. "Based on the facts, I don’t think they, Hendrix and Sanders, violated the law. But that’s a totally different issue than whether they were innocent…. It’s not our role to retry the innocence or guilt of Tennison and Goff."

Herrera said he’s limited by the specific facts of this case and the relevant laws. "If the Board of Supervisors wants to do a grant of public funds [to Tennison and Goff], someone can legislate that. But that’s not my job," Herrera said.

As far as settling the case in the interests of justice or avoiding a precedent that protects police even when they frame someone for murder, he also said it isn’t that simple. Keane also agreed it wouldn’t be ethical to settle a case to avoid bad precedents.

"I’m always willing to talk settlement," Herrera said. "This is not an office that makes rash decisions about the cases it chooses to try or settle."

Deputy City Attorney Scott Wiener is the point person on most police misconduct cases, including the Rodis and Tennison cases, as well as another current case in which Officer Sean Frost hit a subdued suspect, Chen Ming, in the face with his baton, breaking his jaw and knocking out 10 teeth.

Wiener, who is running for the District 8 seat on the Board of Supervisors and is expected to get backing from the San Francisco Police Officers Association, recently told the Chronicle that Frost "did not do anything wrong." Contacted by the Guardian, Wiener stood by that statement and his record on police cases, but said, "I consider myself to be fair-minded." He also denied having a strong pro-police bias.

Yet those involved with these cases say they go far beyond the zeal of one deputy or the need to safeguard the public treasury. They say that a city like San Francisco needs to put its resources into the service of its values.

"It raises the broader question of what is the city attorney’s mandate? Is it fiscal limitation regardless of the truth?" Balogh said. "Dennis Herrera has had a very aggressive policy in defending police officers."

Herrera says he is proud of his record as the city attorney, and before that, as president of the Police Commission. "I believe in police accountability and have made that a big part of what I’ve done throughout my career."

Real money, false arrest

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› gwschulz@sfbg.com

The false arrest of an elected official in San Francisco for using a $100 bill that police wrongly thought was counterfeit has evolved into a potentially precedent-setting legal struggle over police accountability.

The San Francisco City Attorney’s Office is seeking to appeal the case all the way to the conservative-dominated US Supreme Court, an expensive fight that could overturn what would seem a welcome ruling in liberal San Francisco. The Ninth Circuit Court of Appeals last August affirmed in the case that citizens have the right to sue police officers after being unreasonably arrested for a crime they didn’t commit.

After a federal district judge refused to grant qualified immunity to the officers and throw out the lawsuit, City Attorney Dennis Herrera’s office insisted on repeated appeals argued by deputy city attorney Scott Wiener, rather than settling for a few thousand dollars and accepting that the cops simply screwed up.

"There are some people who would say ‘Why don’t you just pay a little money to settle it?’<0x2009>" Wiener told the Guardian. "But we have to take a broader institutional perspective, because if you start settling cases that don’t have merit, you’re going to wind up with a lot more cases like that than you would have otherwise."

At the center of the story is attorney Rodel Rodis, a Filipino activist and elected trustee of City College of San Francisco, who was arrested in the spring of 2003 and dragged to a police station for supposedly trying to buy a handful of items from a Walgreens with a counterfeit $100 bill. The bill turned out to be real.

But by the time the officers came to that conclusion, Rodis had suffered what he regarded as the terrible embarrassment of being shoved into a squad car with his hands behind his back in front of neighbors and constituents. It also occurred just around the corner from his longtime law practice and the main campus of City College, where he’s been an elected trustee since 1991.

Rodis promptly filed a $250,000 claim against the city, former Police Chief Alex Fagan Sr., and two officers at the scene alleging false arrest, excessive force, and the negligent infliction of emotional stress, among other things. He later offered to settle the suit for $15,000, but the City Attorney’s Office refused to accept the deal.

Five years and innumerable legal bills later, the case just keeps getting worse for the city — even before it lands in front of a jury to determine if indeed the police should compensate Rodis.

"Part of my mind was saying … ‘I’m not going to argue. I’m not going to resist,’<0x2009>" Rodis said of the arrest. "I put my hands behind my back but I’m thinking ‘This has got to be a mistake. Somebody here has to have some sense.’<0x2009>"

Rodis was suffering from minor allergy symptoms on Feb. 17, 2003, when he headed to a Walgreens on Ocean Avenue he’d been going to for 20 years. It was located near his Ingleside home and a law office he’s had in the neighborhood since 1992.

He picked up some cough syrup, Claritin, toothpaste, and a few other things. The total came to $42 and change, so he tried to pay with a $100 bill.

"I just happened to have it in my wallet," Rodis said.

The drugstore clerk used a counterfeit detection pen to be sure the bill was legit. It was, according to the marking, but the bill was printed in the 1980s before watermarks and magnetic strips were used to help stop counterfeiting.

The young clerk was unfamiliar with the bill’s design and called a manager to be sure. He, too, used a counterfeit pen to confirm that it was real. But the manager told Rodis he was still going to call the police, fearing it was fake. That’s when things turned surreal. Two officers showed up and almost immediately placed Rodis in handcuffs before trying to ascertain if he’d actually attempted to defraud Walgreens.

"They made no effort to determine what the situation was … they just assumed," Rodis said. "When she said ‘Put your hands behind your back,’ I thought I was in some Twilight Zone moment."

A third ranking officer on the scene, Sgt. Jeff Barry, had known Rodis for years as a local lawyer and City College trustee. Their sons were classmates. But Barry allegedly failed to step in and question whether Rodis was likely to be a fraud artist.

Another officer, Michelle Liddicoet, told Rodis she knew who he was and that he "should be ashamed of himself," according to the suit.

Feeling humiliated as other Filipinos he knew looked on, Rodis was put into the back of a patrol car and taken to Taraval Station, where he was handcuffed to a bench. There he waited another 30 minutes or so until the police officers were able to reach the Secret Service, which investigates currency for the US Treasury Department. A federal agent confirmed that the bill was likely genuine. The whole ordeal lasted about a couple of hours and Rodis was driven back to the drug store.

"This wasn’t a situation where Mr. Rodis was held in jail overnight or for a week or had to post some large amount in bail," Wiener said.

Fagan sent out a department memo shortly afterward stating that suspects have to know the currency they’re using is counterfeit before being arrested, and in any event, if they insist it’s real, the officer can book the bill as evidence for later examination and give them a receipt without arresting anyone.

But by then the damage was done and the hasty reaction of police would lie at the heart of the case that Rodis subsequently filed.

Rodis is an unlikely champion of police accountability. Known for his cantankerous personality, he all but accused the secretary of the San Francisco Veterans Equity Center last month in his regular column for the Philippine News of supporting a band of communist guerillas in the Philippines known as the New People’s Army, a charge the man angrily denied.

He bitterly responded with a string of e-mails last year when the Guardian reported he was several months late in sending legally required campaign disclosure forms from his 2004 reelection to the Ethics Commission (see "At the crossroads," 07/17/07).

But the city’s police academy also has invited Rodis to lecture recruits about San Francisco’s Filipino community as part of the department’s sensitivity training. A week after the incident involving Rodis, an elderly Filipino man who sold the San Francisco Chronicle downtown was savagely beaten and robbed of $400. He never found a police officer while walking to his Tenderloin home, where he died. The two incidents, one following on the heels of the other, enraged the city’s Filipino population of 36,000, and Rodis believes it proves the police department continues to have trouble with discrimination.

"The fact that it happened to me meant that I was in a position to do something about it," Rodis said of his dust-up. "For many [Filipino immigrants] … they wouldn’t have had the resources or the knowledge of the procedures to fight back. Even up to now, five years later, I still bump into people who appreciate the fact that I filed the action."

The case was assigned to Wiener, who is coincidentally the elected chair of the San Francisco Democratic County Central Committee and a longtime party activist in a city that’s famously wary of any perceived threat to civil liberties.

In his capacity as a lawyer for the city, though, Wiener tried to have Rodis’ suit tossed using a common courtroom maneuver known as summary judgment. Civil defendants request them from a court by arguing that a claim is so lacking in merit that they shouldn’t have to endure a costly, time-consuming jury trial.

He also made the standard claim that city employees — in this case police officers — are shielded by what’s known as qualified immunity, a legal argument designed to allow them room to make honest mistakes without facing an endless barrage of expensive litigation.

In March 2005, federal district judge Maxine Chesney granted the request in part, throwing out Rodis’ claim of liability against the city and county. But she allowed the part of the suit involving the two officers to move forward, arguing the arrest was illegal because they didn’t have probable cause that Rodis intended to defraud the store.

So Herrera’s office turned to the Ninth Circuit Court of Appeals, and in a move that surprised Wiener, the panel ruled 2-1 that public employees are entitled to qualified immunity, but not when they fail to act on their considerable law enforcement powers in a reasonable way and take into account all factors present at the scene.

To put it bluntly, cops sometimes make an error in judgment but they still have to use their brains for establishing probable cause. The panel also argued that even if the bill was counterfeit, Rodis did nothing wrong if he wasn’t aware of it.

"Even without knowledge of Rodis’ identity and local ties," the majority wrote, "based on the totality of the other relevant facts, no reasonable or prudent officer could have concluded that Rodis intentionally and knowingly used a counterfeit bill."

Now Herrera had on his hands published legal precedent that his staff believed imposed a new requirement on police officers to not only conclude that perpetrators passed counterfeit currency but also that they intended to defraud their victims. The decision, city officials claim in their pleading to the Supreme Court, could hamstring local and federal law enforcement investigating counterfeit currency and some other types of fraud.

"They said it was clearly established that probable cause is a fluid concept," Wiener said of the ruling. "Well, that’s a meaningless statement. Of course probable cause is a fluid concept. But the point of qualified immunity is that officers are entitled to rely on the current state of law about what the requirements are and shouldn’t have to predict what a judge is going to do down the road."

Lawrence Fasano, a lawyer for Rodis, counters that Fagan’s memo to the department reinforced the court’s opinion. Considering that the police and people in the neighborhood had known Rodis for years, the officers on the scene should have concluded that it was out-of-character for him to pass a counterfeit bill.

"All the evidence that was looked at by the police officers at the time indicated that he did not intend to pass counterfeit currency, including the fact that he had other $100 bills in his pocket that were genuine," Fasano said.

Fasano argued, too, that case law in California made clear the issue of intent cannot just be set aside by police.

Other cities and counties in California so fear the case’s impact that two interest groups representing them, the League of California Cities and the California State Association of Counties, filed a joint friend-of-the-court brief after the Ninth Circuit’s ruling, arguing that digital counterfeiting was a "threat to the nation’s fiscal health" that could grow in the future, and if allowed to stand, "the panel majority’s decision would eviscerate the doctrine of qualified immunity to the detriment of the public."

Wiener filed the Supreme Court petition in May after a larger panel of Ninth Circuit judges rejected a request for rehearing earlier this year. While the Supreme Court accepts only a fraction of the thousands of cases it receives annually, Wiener believes there’s a chance it will be accepted because of another such case it’s examining from the Tenth Circuit. The city won’t know for sure until the fall.

He adds that it’s extraordinarily dangerous for police to be forced to consider a citizen’s status as an elected official before concluding that probable cause exists for an arrest. The City Attorney’s Office won’t disclose how much has been spent on the case until it’s resolved, but Rodis estimates he’s spent more than $50,000.
The US dollar may be losing value internationally, but a $100 bill from the 1980s could cost San Francisco big bucks.

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› gwschulz@sfbg.com

A much-anticipated audit of City College of San Francisco’s spending of bond money finds that school officials promised voters more than they could possibly deliver and then didn’t allow proper oversight of hundreds of millions of dollars in public funds.

A minority faction on City College’s Board of Trustees has for years sought a performance audit of the school’s bond projects, which includes $441.3 million authorized by voters during elections in 2001 and 2005. The audit by Sacramento-based MGT of America was released June 4.

The faction, led in large part by longtime trustee Milton Marks, often publicly quarreled with former Chancellor Phil Day over the matter, arguing that Prop. 39, a state ballot measure that passed in 2000 and made it easier for school districts to get voter approval for bond financing, legally required full annual performance audits of its capital spending on new classrooms, laboratories, a gymnasium, and a performing arts center.

But school administrators denied they were necessary or claimed that the cursory, more limited financial audits done each year met the legal mandate. Pressure on Day’s administration finally became insurmountable last year as San Francisco’s District 12 state Assembly Member Fiona Ma began threatening to have the state conduct its own audit, offering deeper scrutiny and wider disclosure than City College officials were perhaps prepared to stomach.

"My overall feeling is that we appreciate their efforts, accept their findings, and will implement all of the recommendations," a conciliatory Vice Chancellor Peter Goldstein told the Guardian in response to the report.

While mostly mild in its language, the audit shows that the school may have violated state law by granting several small contracts to the same construction companies so City College could avoid the headache of competitive bidding.

The state’s Public Contract Code requires that projects costing more than $15,000 go to the lowest responsible bidder through a competitive process, a provision designed to save money for taxpayers. But between 2005 and 2006, the community college entered into seven separate no-bid contracts with one construction firm totaling $83,545 for work at its Cloud Hall facility on Ocean Avenue.

"It’s unfortunate that two of the project managers were not aware or did not appreciate the importance of that rule," Goldstein said. "They’ve been counseled and we don’t expect to have any more occurrences of that type."

The auditors found "similar multiple contracts" — totaling less than $100,000, Goldstein said — where the work should have been combined into one larger contract and approved by the school’s independently elected Board of Trustees.

The audit reserved special criticism for a bond oversight committee required by Prop. 39 to watchdog the school’s capital spending. The Guardian reported last year that such committees in other districts, for example, West Contra Costa County routinely received full performance audits and met more often than City College’s oversight committee (See "Who’s following the money?", 07/10/07).

But the group of citizens here, which includes San Francisco Treasurer José Cisneros and former San Francisco Chronicle publisher Steve Falk, who’s now head of the San Francisco Chamber of Commerce, has done far less than what the law asks it to do.

The report says that one oversight committee member, who goes unnamed, told the auditors that it wasn’t the committee’s responsibility to determine how City College actually spends the funds. The auditors also watched former Chancellor Day tell the committee at a January meeting that its reach was limited solely to ensuring that City College complied with certain provisions of the state’s Constitution.

That turned out to be totally untrue. "The intent of this law is to provide a broad oversight role for the committees, thereby encouraging cost-effective use of bond funds," the report states.

"Many of these things that are in the report are things that people on the board have been saying all along," Trustee Marks said. "We really shouldn’t have had to spend $250,000 for someone on the outside to tell us this."

The original estimate for all of City College’s ambitious bond projects amounted to about $539.7 million, and the school has offset many of those costs by securing tens of millions of dollars in matching funds from the state. But as of January, the total cost has ballooned to $968 million. Last year the Guardian reported that the school gutted several projects promised to voters by "reallocating" roughly $130 million from their budgets to save other projects suffering from skyrocketing cost overruns (See "The City College shell game," 07/03/07).

Trustee John Rizzo, who joined Marks in asking for an audit, said he wished the report had done more to explain why many of the projects were poorly planned, leading to millions of dollars in higher costs. He cited as examples the new Mission Campus and a health and wellness center for athletes.

Rizzo told us, "Just from what contractors say and what staff has been reporting, that still needs to be looked at."