Leland Yee

Now that Willie Brown is a lobbyist, will the SF Chronicle finally cut him loose?

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Years ago, the San Francisco Chronicle handed Willie Brown a megaphone, but now that he’s officially recognized as a paid lobbyist, isn’t it time to yank it back?

Weekly Chronicle columnist and former Mayor Brown’s newest Ethics Commission filings show he’s been paid $125,000 to lobby the city on behalf of Boston Properties, negotiating for the developers who are threatening to sue the city over a tax deal worth up to $1.4 billion to San Francisco. Boston Properties were told going into the deal they’d pay taxes based on property values in the South of Market district, where the high-rise Salesforce Tower (formerly the Transbay Tower) and other developments will soon be built.

The loss of funding in the special tax zone known as a Mello-Roos District (which, in a twist of another sort, was created when Brown presided over the California Assembly) could jeopardize the high-speed rail extension from the Caltrain station at 4th and King streets to the new Transbay Terminal, possibly downgrading it into a very expensive bus station. We left an interview request with Brown’s assistant for this piece, but received no reply.

Brown has long sold his influence to the highest bidders, although he claimed to be their lawyer and not their lobbyist, but now Brown is legally out in the open as an advocate against the city’s interests. He’s now officially a registered lobbyist (finally).

But the Chronicle still publishes Brown’s column, Willie’s World, giving “Da Mayor” a weekly space in its prominent Sunday edition to charmingly joke away his misdeeds (which raised the eyebrows of the Columbia Journalism Review for its maddeningly obvious ethical concerns). In his newest column, Brown kiddingly brags about taking bribes:

“John Madden got off a great line the other night when we were sitting in the St. Regis lobby.

I was reading off my itinerary for the evening when he stopped me, turned to another guy and said, pointing my way, ‘He’s the kind of politician who goes everywhere. As a matter of fact, he’ll show up for the opening [sic] an envelope.’

It all depends on what’s in it.”

In his column the week before, he trumpeted a potential political ally while taking pot-shots at high speed rail, the very same project that Boston Properties seeks to defund by depriving the city of tax dollars for the Salesforce Tower project:

“There is a very impressive star on the horizon. Her name is Ashley Swearengin. She is the mayor of Fresno, and she’s running for controller against Democrat Betty Yee.

She is also a Republican who is being pilloried by other Republicans for her support of Gov. Jerry Brown’s high-speed rail project. Unlike some politicians, Swearengin has a concrete reason for backing what some are calling the ‘train to nowhere.’ It means a ton of construction jobs for Fresno.

Supporting high-speed rail, however, has cost her in the fundraising department because many potential Republican donors hate the project.”

And maybe because he’s digitally disinclined to use Twitter, in July he used the Chronicle as his own personal communications service to contact federally indicted and alleged-gun-running Sen. Leland Yee:

“Where’s Leland Yee? I’ve got everybody in town looking for our indicted and suspended state senator, and no one can find him. Leland, if you read this, call me.”

We reached out to Chronicle Managing Editor Audrey Cooper to ask her if San Francisco’s paper of record would consider retiring Brown’s column now that he’s a registered lobbyist, but didn’t hear back from her before we published. But you know, they could always go the other way: Why stop with Willie? Just give up guys, and give editorial space to BMWL (who are pushing against the Soda Tax), to Sam Singer (the high-powered public relations flak), or Grover Norquist (he could write about the virtues of libertarianism and Burning Man at once!).

But Brown is a special case all on his own. He’s no ordinary lobbyist: He has the ear of the mayor (and helped elect the mayor), and his influence cuts a swath through the city’s biggest power players, from PG&E to Lennar Corporation. He helped many current city politicians and staffers get their jobs in the first place.

The average reader not steeped in wonky political backdoor deals may not understand why giving him a column is such a bad idea. Journalist Matt Smith has long-written on Brown’s SF Chronicle conflict of interest, first for the SF Weekly and then for the now-defunct Bay Citizen. In 2011, an anonymous Chronicle staffer told this to Smith:

“‘Should the newspaper be in the business of helping an influence peddler peddle?’ the journalist asked.

‘If you believe him even 50 percent of the way, Willie Brown has a big say in San Francisco politics, which he reminds us of every week. He has a certain self-deprecating style that makes him even more charming, which kind of hides the fact that what he is really doing is bragging about all the people he knows, and all the influence he peddles. What that does is it has a multiplier effect.'”

That multiplier effect works in a few ways. First, it works almost as information-laundering: When Brown “jokes” about taking bribes, it makes any accusations of impropriety seem quaint. After all, it’s just Willie Brown, we already know he’s a wheeler-and-dealer, right? What harm could he do?

Second, it amplifies his already formidable position as a kingmaker in San Francisco politics, possibly allowing him to charge even more cash to special interests for his influence. Since he registered as a lobbyist, Brown has met five times with Mayor Ed Lee over the Salesforce Tower tax issue. And until the Chronicle’s surprising and incredibly rare editorial stance against Mayor Ed Lee’s deal, Brown almost succeeded in negotiating hundreds of millions of dollars out of city coffers and into the pockets of Boston Properties.

The Chronicle wrote scathingly in their editorial:

“The deal is baffling — and infuriating. The group of developers had already gotten special favors from City Hall.”

Swap the words “the group of developers” with “Willie Brown,” and you could say the exact same thing about Brown’s Chronicle column.

Brown even used his San Francisco Chronicle headshot in his lobbyist registration with the Ethics Commission. If that’s not a “fuck you” to the Chronicle’s sense of journalistic ethics, I don’t know what would be. The Chronicle’s photo editor told us in an email that Brown did not have permission to use the photo.

I don’t think he cares.

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Lawsuit alleges Lee campaign accepted illegal donations from undercover agent

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By Max Cherney

Mayor Ed Lee has been named in a civil lawsuit that alleges he conspired to accept bribes in the form of illegal campaign contributions from an undercover FBI agent involved in the far-reaching federal corruption and racketeering probe into State Sen. Leland Yee, Raymond “Shrimp Boy” Chow, and 26 other defendants. The lawsuit is being leveled by an attorney working on Shrimp Boy’s behalf.

Filed yesterday [Thu/18] in San Francisco Superior Court, the lawsuit ties a $500 donation toward Lee’s 2011 successful bid for mayor to a man named Michael Anthony King, who the lawsuit claims was the same undercover federal agent referred to as UCE 4773 in the complaint against Yee.

King’s $500 donation was a part of more than $20,000 that the federal agent illegally contributed to the mayor’s campaign, according to the lawsuit. Individual contributions over $500 to the same candidate are against the law in San Francisco.

“From what we can tell, undercover agents have illegally been putting money into politicians’ pockets,” attorney Cory Briggs, who filed the lawsuit on Chow’s behalf, told us. In June, Briggs filed a public records request with the city of San Francisco, seeking documents associated with the campaign donations and additional cash allegedly contributed through individuals “involved in government” who were working for Lee’s campaign.

“What we want to know, is that when I asked on Raymond’s behalf about this, which we defined to include the transfer and payment of money to campaigns, why did the mayor not produce records of King’s donation? The public is entitled to an answer.” Cory Briggs is the brother of Curtis Briggs, who, along with Gregory Bentley, and famed civil rights attorney J. Tony Serra, represent Shrimp Boy in the criminal case.

Since individual donations totaling more than $500 are prohibited in San Francisco, the remaining $19,500 to an unnamed San Francisco elected official’s political campaign was allegedly spread out among dozens of straw donors, by two campaign staffers and political consultant Keith Jackson — also indicted by the feds — in an illegal attempt to mask the source of the funds, according to court documents in the Yee case.

According to the feds, the undercover agent was encouraged “by Individuals A and B to make donations to the elected official in excess of the lawful limit,” a motion filed by the feds in Sept. reads. “Each spoke plainly about the fact that they would have to break up UCE-4773’s donations among straw donors. UCE-4773 initially made a $10,000 donation in the form of a check made payable to Individual B and a $500 donation in the form of a check made payable to the elected official’s campaign.”

Despite rumors swirling that the $20,000 went to Ed Lee, the feds haven’t publicly stated which politician the funds went to. Nor have the feds released the alias that Undercover Employee (UCE-4773) used to make the contributions, or the names of the campaign staffers allegedly involved in the conspiracy — who were “involved in government” at the time, according to the feds’ motion.

Mayor Lee’s campaign is aware of King’s $500 donation, according to Kevin Heneghan, who served as campaign treasurer. The campaign sent a letter to the US Attorney’s Office seeking to verify whether or not the donation indeed came from a federal agent, Heneghan noted, but hasn’t yet received a response. The campaign hired a law firm to vet the campaign donations after the US Attorney’s Office announced the sprawling indictment that now includes racketeering charges.

Both the FBI and US Attorney’s Office declined to comment on the lawsuit, or the alleged connection between Michael King and the campaign donations to Mayor Lee’s campaign. Several emails to King were also not returned.

Many details contained in the far-reaching federal corruption probe match what the Bay Guardian has learned about King. US Attorney William Frentzen’s court filings in the Yee corruption trial stated that after being introduced to two campaign staffers, UCE 4773 contributed $500 to the campaign with a personal check.

Michael A. King of Buford, Georgia donated $500 to Leland Yee’s mayoral campaign on Sept. 22, 2011, San Francisco campaign contribution records show. King contributed another $500 to Ed Lee for Mayor on Mar. 15, 2012, months after Lee had been elected. At the time, Lee had approximately $300,000 in campaign debt, according to filings with the San Francisco Ethics Commission.

As the San Francisco Chronicle reported in August, an unnamed source told the newspaper that a man with the surname “King” appeared in the Bay Area in the fall of 2011 looking to invest in Bay Area real estate projects.

To secure Bay Area real estate investments and other business contracts, UCE 4773 posed as an Atlanta, Georgia-based real estate developer seeking political favors from Yee, and an unnamed San Francisco elected official, according to court documents. Another undercover agent in the case, known as UCE 4599 — posing as a member of the La Cosa Nostra crime syndicate — introduced UCE 4773 to political consultant Keith Jackson after Jackson allegedly repeatedly asked UCE 4599 to donate to Sen. Yee’s campaign.

According to court documents, UCE 4773 met with the unnamed San Francisco official after he contributed the cash. Prior to the meeting, the campaign staffers, identified by the feds as “Individuals A and B” told UCE 4773 not to mention the donation scheme to the elected official.

The King Funding Group, which is controlled by M.A. King and Associates — the company listed on Michael King’s $500 donation to Mayor Lee’s campaign — also donated $500 to Leland Yee’s bid for Mayor, according to donation records. With Jackson’s help UCE 4773 also donated tens of thousands of dollars to Sen. Yee’s campaign, including a personal check for $500 to the campaign written in Yee’s presence.

According to court filings the government has made in the far-reaching corruption and racketeering investigation, the unnamed San Francisco elected official wasn’t the target of the investigation. Instead, the government focused on Keith Jackson and various members of the Chee Kung Tong organization, which Chow, aka “Shrimp Boy,” was allegedly leader of.

However, the feds did look into other politicians in San Francisco. Sups. London Breed and Malia Cohen both met with an undercover FBI agent using the name William Joseph on several occasions, according to records obtained by the Bay Guardian. The meetings didn’t amount to anything, and Breed dismissed Joseph as a hustler, according to a Chronicle report.

Tom’s legacy

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steve@sfbg.com

At a moment when San Francisco politics has slid toward the slippery center — when one-time progressives align with business elites, the political rhetoric seems hollow, and the vaunted value of “civility” in City Hall increasingly looks more like a deceptive power grab by the Mayor’s Office — it feels so refreshing to talk with Tom Ammiano.

For one thing, he’s hilarious, always quick with quips that are not only funny, but often funny in insightful ways that distill complex issues down to their essence, delivered with his distinctive nasally honk and lightning timing. Ammiano developed as a stand-up comedian and political leader simultaneously, and the two professional sides feed off each other, alternatively manifesting in disarming mirth or penetrating bite.

But his humor isn’t the main reason why Ammiano — a 72-year-old state legislator, two-time mayoral candidate, and former supervisor and school board member — has become such a beloved figure on the left of state and local politics, or why so many progressives are sad to see him leaving the California Assembly and elected office this year for the first time since 1990.

No, perhaps the biggest reason why public esteem for Ammiano has been strong and rising — particularly among progressives, but also among those of all ideological stripes who decry the closed-door dealmaking that dominates City Hall and the State Capitol these days — is his political integrity and courage. Everyone knows where Tom Ammiano will stand on almost any issue: with the powerless over the powerful.

“Don’t make it about yourself, make it about what you believe in,” Ammiano told us, describing his approach to politics and his advice to up-and-coming politicians.

Ammiano’s positions derive from his progressive political values, which were informed by his working class upbringing, first-hand observations of the limits of American militarism, publicly coming out as a gay teacher at time when that was a risky decision, standing with immigrants and women at important political moments, and steadily enduring well-funded attacks as he created some of San Francisco’s most defining and enduring political reforms, from domestic partner benefits and key political reforms to universal health care.

“He has been able to remain true to his values and principles of the progressive movement while making significant legislative accomplishments happen on a number of fronts,” Sup. David Campos, who replaced Ammiano on the Board of Supervisors and is now his chosen successor in the California Assembly, told the Guardian. “I don’t know that we’ve fully understood the scope of his influence. He has influenced the city more than most San Francisco mayors have.”

So, as we enter the traditional start of fall election season — with its strangely uncontested supervisorial races and only a few significant ballot measures, thanks to insider political manipulations — the Guardian spent some time with Ammiano in San Francisco and in Sacramento, talking about his life and legacy and what can be done to revive the city’s progressive spirit.

 

 

LIFE OF THE CAPITOL

Aug. 20 was a pretty typical day in the State Capitol, perhaps a bit more relaxed than usual given that most of the agenda was concurrence votes by the full Senate and Assembly on bills they had already approved once before being amended by the other house.

Still, lobbyists packed the hall outside the Assembly Chambers, hoping to exert some last minute influence before the legislative session ended (most don’t bother with Ammiano, whose name is on a short list, posted in the hall by the Assembly Sergeant-at-Arms, of legislators who don’t accept business cards from lobbyists).

One of the bills up for approval that day was Ammiano’s Assembly Bill 2344, the Modern Family Act, which in many ways signals how far California has come since the mid-’70s, when Ammiano was an openly gay schoolteacher and progressive political activist working with then-Sup. Harvey Milk to defeat the homophobic Briggs Initiative.

The Modern Family Act updates and clarifies the laws governing same-sex married couples and domestic partners who adopt children or use surrogates, standardizing the rights and responsibilities of all parties involved. “With a few simple changes, we can help families thrive without needless legal battles or expensive court actions,” Ammiano said in a press statement publicizing the bill.

Ammiano arrived in his office around 10am, an hour before the session began, carrying a large plaque commending him for his legislative service, given to outgoing legislators during a breakfast program. “Something else I don’t need,” Ammiano said, setting the plaque down on a table in his wood-paneled office. “I wonder if there’s a black market for this shit.”

Before going over the day’s legislative agenda, Ammiano chatted with his Press Secretary Carlos Alcala about an editorial in that morning’s San Francisco Chronicle, “Abuse of disabled-parking program demands legislators act,” which criticized Ammiano for seeking minor changes in a city plan to start charging for disabled placards before he would sponsor legislation to implement it. The editorial even snidely linked Ammiano to disgraced Sen. Leland Yee, who is suspended and has nothing to do with the issue.

“I’ve had these tussles with the Chronicle from day one. They just want people to be angry with me,” Ammiano told us. “You stand up for anything progressive and they treat you like a piñata.”

He thought the criticism was ridiculous — telling Alcala, “If we do a response letter, using the words puerile and immature would be good” — and that it has as much to do with denigrating Ammiano, and thus Campos and other progressives, as the issue at hand.

“Anything that gets people mad at me hurts him,” Ammiano told us.

But it’s awfully hard to be mad at Tom Ammiano. Even those on the opposite side of the political fence from him and who clash with him on the issues or who have been subjected to his caustic barbs grudgingly admit a respect and admiration for Ammiano, even Lt. Gov. Gavin Newsom, who told the Guardian as much when we ran into him on the streets of Sacramento later that day.

Ammiano says he rarely gets rattled by his critics, or even the handful of death threats that he’s received over the years, including the one that led the San Francisco Police Department to place a protective detail on him during the 1999 mayor’s race.

“You are buoyed by what you do, and that compensates for other feelings you have,” Ammiano said of safety concerns.

Finally ready to prepare for the day’s business, he shouts for his aides in the other room (“the New York intercom,” he quips). The first question is whether he’s going to support a bill sponsored by PG&E’s union to increase incentives for geothermal projects in the state, a jobs bill that most environmental groups opposed.

“That is a terrible bill, it’s total shit, and I’m not going to support it,” Ammiano tells his aide. “It’s a scam.”

As Ammiano continued to prepare for the day’s session, we headed down to the Assembly floor to get ready to cover the action, escorted by Alcala. We asked what he planned to do after Ammiano leaves Sacramento, and Alcala told us that he’ll look at working for another legislator, “but there would probably be a lot more compromises.”

 

 

SPARKING CHANGE

Compromises are part of politics, but Ammiano has shown that the best legislative deals come without compromising one’s political principles. Indeed, some of his most significant accomplishments have involved sticking to his guns and quietly waiting out his critics.

For all the brassy charm of this big personality — who else could publicly confront then-Gov. Arnold Schwarzenegger at a Democratic Party fundraiser in 2009 and tell him to “kiss my gay ass!” — Ammiano has usually done the work in a way that wasn’t showy or self-centered.

By championing the reinstatement of district supervisorial elections and waging an improbable but electrifying write-in campaign for mayor in 1999 (finishing second before losing to incumbent Willie Brown in the runoff election), Ammiano set the stage for progressives to finally win control of the Board of Supervisors in 2000 and keep it for the next eight years, forming an effective counterbalance to Gavin Newsom’s pro-business mayoralty.

“I just did it through intuition,” Ammiano said of his 1999 mayoral run, when he jumped into the race just two weeks before election day. “There was a lot of electricity.”

After he made the runoff, Brown and his allies worked aggressively to keep power, leaning on potential Ammiano supporters, calling on then-President Bill Clinton to campaign for Brown, and even having Jesse Jackson call Ammiano late one night asking him to drop out.

“That’s when we realized Willie really felt threatened by us,” Ammiano said, a fear that was well-founded given that Ammiano’s loss in the runoff election led directly into a slate of progressives elected to the Board of Supervisors the next year. “It was a pyrrhic victory for him because then the board changed.”

But Ammiano didn’t seize the spotlight in those heady years that followed, which often shone on the younger political upstarts in the progressive movement — particularly Chris Daly, Matt Gonzalez, and Aaron Peskin — who were more willing to aggressively wage rhetorical war against Newsom and his downtown constituents.

By the time the 2003 mayor’s race came, Ammiano’s mayoral campaign became eclipsed by Gonzalez jumping into the race at the last minute, a Green Party candidate whose outsider credentials contrasted sharply with Newsom’s insider inevitability, coming within 5 percentage points of winning.

“I just bounced back and we did a lot of good shit after that,” Ammiano said, noting how district elections were conducive to his approach to politics. “It helped the way I wanted to govern, with the focus on the neighborhoods instead of the boys downtown.”

Perhaps Ammiano’s greatest legislative victory as a supervisor was his Health Care Security Ordinance, which required employers in San Francisco to provide health coverage for their employees and created the Healthy San Francisco program to help deliver affordable care to all San Franciscans.

The business community went ballistic when Ammiano proposed the measure in 2006, waging an aggressive lobbying and legal campaign to thwart the ordinance. But Ammiano just quietly took the heat, refused to compromise, and steadily lined up support from labor, public health officials, and other groups that were key to its passage.

“Maybe the early days of being a pinata inured me,” Ammiano said of his ability to withstand the onslaught from the business community for so long, recalling that in his 1999 school board race, “I really became a pinata. I got it in the morning from the Chronicle and in the afternoon from the Examiner.”

Ammiano kept Newsom apprised of his intentions and resolve, resisting entreaties to water down the legislation. “I kept talking to him and I told him I was going to do it,” Ammiano said. “Eventually, we got a 11 to zip vote and Newsom couldn’t do anything about it. That was a great journey.”

In the end, Newsom not only supported the measure, but he tried to claim Ammiano’s victory as his own, citing the vague promise he had made in his 2007 State of the City speech to try to provide universal health care in the city and his willingness to fund the program in his 2007-08 budget.

But Ammiano was happy with the policy victory and didn’t quibble publicly with Newsom about credit. “I picked my battles,” Ammiano said, contrasting his approach to Newsom with that of his more fiery progressive colleagues. “I tried to go after him on policy, not personality.”

Ammiano isn’t happy with the political turn that San Francisco has taken since he headed to Sacramento, with the pro-business, fiscally conservative faction of the city controlling the Mayor’s Office and exerting a big influence on the Board of Supervisors. But San Francisco’s elder statesman takes the long view. “Today, the board has a moderate trajectory that can be annoying, but I think it’s temporary,” Ammiano said. “These things are cyclical.”

He acknowledges that things can seem to a little bleak to progressives right now: “They’re feeling somewhat marginalized, but I don’t think it’s going to stay that way.”

 

FLOOR SHOW

Back on the Assembly floor, Ammiano was working the room, hamming it up with legislative colleagues and being the first of many legislators to rub elbows and get photos taken with visiting celebrities Carl Weathers, Daniel Stern, and Ron Perlman, who were there to support film-credit legislation

“Ron Perlman, wow, Sons of Anarchy,” Ammiano told us afterward, relating his conversation with Perlman. “I said, ‘They killed you, but you live on Netflix.’ I told him I was big fan. Even the progressives come here for the tax breaks.”

When Little Hoover Commission Chair Pedro Nava, who used to represent Santa Barbara in the Assembly, stopped to pose with Ammiano for the Guardian’s photographer, the famously liberal Ammiano quipped, “You’ll get him in trouble in Santa Barbara. Drill, baby, drill!”

Ammiano chairs the Assembly Public Safety Committee, where he has successfully pushed prison reform legislation and helped derail the worst tough-on-crime bills pushed by conservatives. “We have a lot of fun, and we get a chance to talk about all these bills that come before us,” Bob Wieckowski (D-Fremont), who chairs the Judiciary Committee, told the Guardian when asked about Ammiano. “You can see how these bad bills get less bad.”

Ammiano gave a short speech when his Modern Family Act came up for a vote, noting that it “simplifies the law around these procedures,” before the Assembly voted 57-2 to send it to the governor’s desk, where he has until Sept. 30 to act on it. “I think he’ll sign it,” Ammiano told the Guardian, “even though it’s about reproduction and naughty bits.”

“He’s a hoot,” Assemblymember Reggie Jones-Sawyer (D-Los Angeles) said of Ammiano, whose desk is right behind his own. Jones-Sawyer said that he’d love to see Ammiano run for mayor of San Francisco, “but he’s waiting for a groundswell of support. Hopefully the progressives come together.”

Jones-Sawyer said Ammiano plays an important role as the conscience of a Legislature that too often caters to established interests.

“There’s liberal, progressive, socialist, communist, and then there’s Tom,” Jones said. “As far left as you can go, there’s Tom, and that’s what we’re going to miss.”

Yet despite that strong progressive reputation, Ammiano has also been an amazingly effective legislator (something that might surprise those supporting the campaign of David Chiu, which has repeatedly claimed that ideological progressives like Ammiano and Campos can’t “get things done” in Sacramento).

Last year, Ammiano got 13 bills through the Legislature — including three hugely controversial ones: the TRUST Act, which curbs local cooperation with federal immigration holds; the Domestic Workers Bill of Rights; and a bill protecting transgender student rights in schools, which was savaged by conservative religious groups — all of which were signed into law by Gov. Jerry Brown.

“A lot of it is personal relationships, some is timing, and some is just sticking to it,” Ammiano said of effectiveness.

Some of his legislative accomplishments have required multiyear efforts, such as the Domestic Workers Bill of Rights, which was vetoed in 2012 before being signed into law last year with only a few significant changes (see “Do we care?” 3/26/13).

“Tom Ammiano was so incredible to work with,” Katie Joaquin, campaign coordinator for the California Domestic Workers Coalition, for whom the bill had long been a top priority, told the Guardian.

The large grassroots coalition backing the bill insisted on being a part of the decision-making as it evolved, which is not always easy to do in the fast-paced Capitol. But Joaquin said Ammiano’s history of working with grassroots activists made him the perfect fit for the consensus-based coalition.

“That’s difficult to do in the legislative process, and working with Tom and his office made that possible,” Joaquin told us. “He wanted to make sure we had active participation in the field from a variety of people who were affected by this.”

When the bill was vetoed by Gov. Brown, who cited paternalistic concerns that better pay and working conditions could translate into fewer jobs for immigrant women who serve as domestic workers, Joaquin said Ammiano was as disappointed as the activists, but he didn’t give up.

“It was really hard. I genuinely felt Tom’s frustration. He was going through the same emotions we were, and it was great that he wanted to go through that with us again,” Joaquin told us. “Sometimes, your allies can get fatigued with the long struggles, but Tom maintained his resolve and kept us going.”

And after it was over, Ammiano even organized the victory party for the coalition and celebrated the key role that activists and their organizing played in making California only the second state in the nation (after New York) to extend basic wage, hour, and working condition protections to nannies, maids, and other domestic workers excluded under federal law.

“He has a great sense of style,” Joaquin said of Ammiano, “and that emanates in how he carries himself.”

 

 

COMING OUT

Ammiano came to San Francisco in 1964, obtaining a master’s degree in special education from San Francisco State University and then going on to teach at Hawthorne Elementary (now known as Cesar Chavez Elementary). He quickly gained an appreciation for the complex array of issues facing the city, which would inform the evolution of his progressive worldview.

“In teaching itself, there were a lot of social justice issues,” Ammiano said. For example, most native Spanish-speakers at the time were simply dumped into special education classes because there wasn’t yet bilingual education in San Francisco schools. “So I turned to the community for help.”

The relationships that he developed in the immigrant community would later help as he worked on declaring San Francisco a sanctuary city as waves of Central American immigrants fled to California to escape US-sponsored proxy wars.

Growing up a Catholic working class kid in New Jersey, Ammiano was no hippie. But he was struck by the brewing war in Vietnam strongly enough that he volunteered to teach there through a Quaker program, International Volunteer Service, working in Saigon from 1966-68 and coming back with a strong aversion to US militarism.

“I came back from Vietnam a whole new person,” he told us. “I had a lot of political awakenings.”

He then worked with veterans injured during the war and began to gravitate toward leftist political groups in San Francisco, but he found that many still weren’t comfortable with his open homosexuality, an identity that he never sought to cover up or apologize for.

“I knew I was gay in utero,” Ammiano said. “I said you have to be comfortable with me being a gay, and it wasn’t easy for some. The left wasn’t that accepting.”

But that began to change in the early ’70s as labor and progressives started to find common cause with the LGBT community, mostly through organizations such as Bay Area Gay Liberation and the Gay Teachers Coalition, a group that Ammiano formed with Hank Wilson and Ron Lanza after Ammiano publicly came out as a gay teacher in 1975.

“He was the first public school teacher to acknowledge that he was a gay man, which was not as easy as it sounds in those days,” former Mayor Art Agnos told us, crediting Ammiano with helping make support for gay rights the default political position that it became in San Francisco.

San Francisco Unified School District still wasn’t supportive of gay teachers, Ammiano said, “So I ran for school board right after the assassinations [of Mayor George Moscone and Sup. Harvey Milk in 1978] and got my ass kicked.”

Shortly thereafter, Ammiano decided to get into stand-up comedy, encouraged by friends and allies who loved his sense of humor. Meanwhile, Ammiano was pushing for SFUSD to name a school after Milk, as it immediately did for Moscone, a quest that dragged on for seven years and which was a central plank in his unsuccessful 1988 run for the school board.

But Ammiano was developing as a public figure, buoyed by his stand-up performances (which he said Chronicle reporters would sometimes attend to gather off-color quotes to use against him in elections) and increased support from the maturing progressive and queer communities.

So when he ran again for school board in 1990, he finished in first place as part of the so-called “lavender sweep,” with LGBT candidates elected to judgeships and lesbians Carole Migden and Roberta Achtenberg elected to the Board of Supervisors.

On the school board, Ammiano helped bring SFUSD into the modern age, including spearheading programs dealing with AIDS education, support for gay students, distribution of condoms in the schools, and limiting recruiting in schools by the homophobic Boy Scouts of America.

“I found out we were paying them to recruit in the schools, but I can’t recruit?” Ammiano said, referencing the oft-raised concern at the time that gay teachers would recruit impressionable young people into homosexuality.

As his first term on the school board ended, a growing community of supporters urged Ammiano to run for the Board of Supervisors, then still a citywide election, and he was elected despite dealing with a devastating personal loss at the time.

“My partner died five days before the election,” Ammiano said as we talked at the bar in Soluna, tearing up at the memory and raising a toast with his gin-and-tonic to his late partner, Tim Curbo, who succumbed to a long struggle with AIDS.

Ammiano poured himself into his work as a supervisor, allied on the left at various points in the mid-late ’90s with Sups. Sue Bierman, Terrence Hallinan, Leland Yee, Mabel Teng, Angelo Alioto, and Carole Migden against the wily and all-powerful then-Mayor Brown, who Ammiano said “manipulated everything.”

But Ammiano gradually began to chip away at that power, often by turning directly to the people and using ballot measures to accomplish reforms such as laws regulating political consultants and campaign contributions and the reinstatement of district supervisorial elections, which decentralized power in the city.

“People frequently say about politicians, when they want to say something favorable, that they never forgot where they came from,” Agnos told us. “With Tom, he never forgot where he came from, and more importantly, he never forgot who he was…He was an authentic and a proud gay man, as proud as Harvey Milk ever was.”

And from that strong foundation of knowing himself, where he came from, and what he believed, Ammiano maintained the courage to stand on his convictions.

“It’s not just political integrity, it’s a reflection of the man himself,” Agnos said, praising Ammiano’s ability to always remain true to himself and let his politics flow from that. “A lot of politicians don’t have the courage, personal or political, to do that.”

 

 

WHAT’S NEXT

Ammiano’s legacy has been clearly established, even if it’s not always appreciated in a city enamored of the shiny and new, from recent arrivals who seem incurious about the city’s political history to the wave of neoliberal politicians who now hold sway in City Hall.

“Tom has carried on the legacy of Harvey Milk of being the movement progressive standard bearer. He has, more than anyone else, moved forward progressive politics in San Francisco in a way that goes beyond him as an individual,” Campos said, citing the return of district elections and his mentoring of young activists as examples. “He brought a number of people into politics that have been impactful in their own right.”

Campos is one of those individuals, endorsed by Ammiano to fill his District 9 seat on the Board of Supervisors from among a competitive field of established progressive candidates. Ammiano says he made the right choice.

“I have been supportive of him as a legislator and I think he’s doing the right things,” Ammiano said of Campos, adding an appreciation for the facts that he’s gay, an immigrant, and a solid progressive. “He’s a three-fer.”

Ammiano said that Campos has been a standout on the Board of Supervisors in recent years, diligently working to protect workers, tenants, and immigrants with successful efforts to increase tenant relocation fees after an eviction and an attempt to close the loophole that allows restaurants to pocket money they’re required to spend on employee health care, which was sabotaged by Chiu and Mayor Lee.

“I like his work ethic. He comes across as mild-mannered, but he’s a tiger,” Ammiano said of Campos. “If you like me, vote for David.”

But what about Ammiano’s own political future?

Ammiano said he’s been too busy lately to really think about what’s next for him (except romantically: Ammiano recently announced his wedding engagement to Carolis Deal, a longtime friend and lover). Ammiano is talking with universities and speakers bureaus about future gigs and he’s thinking about writing a book or doing a one-man show.

“Once I get that settled, I’ll look at the mayor’s race and [Sen. Mark] Leno’s seat,” Ammiano said, holding out hope that his political career will continue.

Ammiano said the city is desperately in need of some strong political leadership right now, something that he isn’t seeing from Mayor Lee, who has mostly been carrying out the agenda of the business leaders, developers, and power brokers who engineered his mayoral appointment in 2011.

“Basically, he’s an administrator and I don’t think he’ll ever be anything but that,” Ammiano said. “We are so fucking ready for a progressive mayor.”

If Ammiano were to become mayor — which seems like a longshot at this point — he says that he would use that position to decentralize power in San Francisco, letting the people and their representatives on the Board of Supervisors have a greater say in the direction of the city and making governance decisions more transparent.

“I don’t believe in a strong mayor [form of government],” Ammiano said. “If I was mayor, all the commission appointments would be shared.”

But before he would decide to run for mayor, Ammiano says that he would need to see a strong groundswell of public support for the values and ideals that he’s represented over nearly a half-century of public life in San Francisco.

“I don’t want to run to be a challenger,” Ammiano said. “I’d want to run to be mayor.”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Shrimp Boy denied bail

Raymond “Shrimp Boy” Chow, who has a criminal history in Chinese gangs and was indicted along with Sen. Leland Yee and a slew of others in a high-profile FBI operation, was denied bail June 11.

U.S. Magistrate Nathanael Cousins struck down his defense attorneys’ motion for pretrial release on the grounds that Chow might pose a danger to the community due to his position as leader of the Chee Kung Tong (CKT), characterized as a Chinese crime syndicate by the FBI. Chow’s charges include seven counts of money laundering, one count of conspiracy to sell stolen cigarettes, and two counts of conspiracy to sell stolen liquor.

“The government’s advancing this conspiracy theory that my client is in charge of this organized crime syndicate. On that basis the judge is deciding to hold him,” said defense attorney Curtis Briggs. “It’s the Chinese Freemasons, it’s not a crime syndicate,” Briggs added. “It’s a fraternal organization. They’re going to be muddied up and dirtied up because the govermnent is pursing a racketeering case against them.”

Another wrinkle: “Now the government’s issued a deportation warrant againt him,” Briggs noted. “Even if we got him out, he’d be in immigration custody.”

A 23-page motion for release on bail for Chow, filed by Briggs and attorneys Gregory Bentley and Tony Serra, paints a very different picture of the targeted Chinatown figure than the all-powerful gangster portrayed by federal authorities.

The FBI complaint, unveiled in March, paints Chow as an international crime boss holding “supreme authority” as Dragonhead of the CKT.

In this role, the FBI charged, Chow was “the supervisor” of criminal relationships between Yee, political consultant Keith Jackson, and Chow’s associates, who had knowledge of and approved all criminal operations of the CKT and received payment for the various criminal dealings he facilitated. The complaint even noted that Chow had once told an undercover FBI agent that he served as a judge within the CKT; “if one member kills another member, Chow decides if the killing was justified.”

The mob boss who had returned yet again to a life of crime, all while swearing he’d given it all up, couldn’t be more different from the humble ex-convict described in his defense attorneys’ motion for release. Yee and Jackson, who faced charges on firearms trafficking, among other counts, were released on bail totaling $500,000 and $250,000, respectively. Prior to being taken into custody, Chow had already been wearing an ankle monitoring bracelet due to his pending case with immigration authorities.

In letters of support written on his behalf referenced in the motion, Chow was described as a community leader whose actions in recent years stemmed from nothing less than “a spiritual commitment … to make the San Francisco community a better place for all people even if it came at a great personal sacrifice to him.” A letter of support was even written by Wendy MacNaughton, an illustrator, journalist and author of Meanwhile in San Francisco.

Chow had apparently been working on his autobiography prior to being taken down by the FBI.

The motion recounts how Chow, born into “devastating financial conditions” in China, was taken in by the Chinese Triad at the age of seven “and for the next ten years scraped by and supported himself and his family through Triad related activities.” At 16, he was arrested and beaten by Chinese police in custody. Soon after, his family fled to the United States for a better life.

“Chow was recruited by local Chinatown so-called ‘gangs,’” the motion states. “As with many immigrant children with no resources, Chow was exploited by these groups for his desperate need for protection, acceptance, and recognition.” He served multiple prison sentences for various gang-related criminal activities.

But in 2003, when he was serving out a ten-year prison term, Chow became thoroughly disenchanted with the criminal lifestyle,” his defense attorneys wrote. “His revelation occurred when the façade of the gangster life disintegrated as each and every one of his criminal associates, people who he thought of as ‘brothers,’ turned their back on him and participated in activities which blatantly harmed the community.”

Chow’s girlfriend, Alicia Lo, had volunteered to act as a third-party custodian and post property bonds on her two San Francisco properties in order to facilitate his pretrial release.

In written testimony, she described him as caring and generous, saying she would buy him “second-hand clothes so he looked sharp in public,” only to later discover that he “would at times give these clothes away to addicts on the street so they could look presentable at job interviews.”

Yet in making his determination, the federal magistrate noted that there is “more than clear and convincing evidence that Mr. Chow would pose a danger to the community” if released.

Guardian endorsements

139

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

 

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

 

GOVERNOR: JERRY BROWN

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

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

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

 

LIEUTENANT GOVERNOR: GAVIN NEWSOM

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

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

 

SECRETARY OF STATE: DEREK CRESSMAN

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

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

 

CONTROLLER: BETTY YEE

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

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

 

TREASURER: JOHN CHIANG

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

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

 

ATTORNEY GENERAL: KAMALA HARRIS

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

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

 

INSURANCE COMMISSIONER: DAVE JONES

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

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

 

SUPERINTENDENT OF SCHOOLS: TOM TORLAKSON

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

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

 

BOARD OF EQUALIZATION: FIONA MA

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

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

 

ASSEMBLY, DISTRICT 17: DAVID CAMPOS

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

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

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

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

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

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

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

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

 

ASSEMBLY, DISTRICT 19: PHIL TING

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

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

 

PROPOSITION 41: YES

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

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

 

PROPOSITION 42: YES

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

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

 

SF’S PROPOSITION A: YES

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

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

 

SF’S PROPOSITION B: YES

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

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

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

 

SF SUPERIOR COURT JUDGE: DANIEL FLORES

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

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

 

CONGRESS, DISTRICT 12: NANCY PELOSI

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

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

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

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

 

CONGRESS, DISTRICT 13: BARBARA LEE

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

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

 

CONGRESS, DISTRICT 14: JACKIE SPEIER

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

Defense attorneys say Shrimp Boy is innocent; slam feds

Who is Raymond “Shrimp Boy” Chow? In the 137-page federal complaint detailing charges that led to the high-profile arrest of Sen. Leland Yee, Chow, and 24 others two weeks ago, Chow is described as the powerful “Dragonhead” of an ancient Chinese organized crime syndicate, “overseeing a vast criminal enterprise involved in drugs, guns, prostitution, protection rackets, moving stolen booze and cigarettes, and money laundering,” as we reported at the time.

Not so, famed defense attorney Tony Serra told a crowd of reporters at Pier 5 Law Offices in San Francisco’s North Beach district, where he and fellow attorneys were joined by supporters wearing red tees bearing the slogan “Free Shrimp Boy.”

Attorneys Serra and Curtis Briggs described a five-year federal operation to target Chow and ensnare him in wrongdoing, insisting he had wanted no part in criminal activity. Serra said agents had “stuffed money into his pocket” despite his protests, and noted that his legal team was representing Chow pro bono because he has no money.

Here are a few words from Serra, followed by Briggs.

Eli Crawford, a longtime friend of Chow’s who said he’d worked as an orderly at a Dublin prison when Chow was held in solitary confinement there years ago, described Chow as a spiritual person who had taken a vow to disengage from wrongdoing in the wake of his criminal past.

Chow was initially appointed a federal public defender, but the team of lawyers has stepped in to take over his defense. Serra said he believed they would enter pleas of not guilty on all counts on Tuesday, when a court hearing is scheduled before a federal magistrate. A court date tomorrow (Fri/11) will deal primarily with discovery, he said. In May, the defense attorneys plan to bring a motion for bail.

Asked about Chow’s link to Yee, Serra said he believed there was “no nexus, no relationship whatsoever.” Serra said he doubted if all defendants named in the complaint would proceed to trial, guessing that some would cooperate or take plea deals.

“If we are really going to trial with Yee,” Serra said, he’d have to think carefully about whether to move for a separate trial.

“Sometimes the strategy is, no, I want to be with him – mainly because, one, there’s no nexus, and two, he’s going to go down,” Serra said. “And that gives the jury, maybe a satisfied appetite, you know, for justice.”

Privatization of public housing

14

news@sfbg.com

Like so many San Franciscans, Sabrina Carter is getting evicted.

The mother of three says that if she loses her home in the Western Addition, she’ll have nowhere to go. It’s been a tough, four-year battle against her landlord — a St. Louis-based development company called McCormack Baron — and its law firm, Bornstein & Bornstein. That’s the same law firm that gained notoriety for holding an “eviction boot camp” last November to teach landlords how to do Ellis Act evictions and sweep tenants out of rent-controlled housing.

But Carter’s story isn’t your typical Ellis eviction. Plaza East, where she lives, is a public housing project. Public housing residents throughout the country are subject to the “one-strike and you’re out” rule. If residents get one strike — any misdemeanor or felony arrest — they get an eviction notice. In Carter’s case, her 16-year-old was arrested. He was cleared of all charges — but Carter says McCormack Baron still wouldn’t accept her rent payment and wouldn’t respond to her questions.

“I was never informed of my status,” she said.

That is, until her son was arrested again, and Carter found herself going up against Bornstein & Bornstein. She agreed to sign a document stipulating that her eviction would be called off unless her son entered Plaza East property (he did). It was that or homelessness, said Carter, who also has two younger sons.

“They criminalized my son so they could evict my family,” Carter said.

McCormack Baron and Bornstein & Bornstein both declined to comment.

On March 12, Carter and a band of supporters were singing as they ascended City Hall’s grand staircase to Mayor Ed Lee’s office.

“We’re asking the mayor to call this eviction off. Another black family cannot be forced out of this city,” Lisa “Tiny” Gray-Garcia, co-founder of Poor Magazine, said at the protest.

Nearly half of San Francisco’s public housing residents are African American, according to a 2009 census from the city’s African American Out-Migration Task Force. These public housing residents represent a significant portion of San Francisco’s remaining African American population, roughly 65 percent.

Carter’s eviction was postponed, but it raises an important question: Why is a public housing resident facing off with private real estate developers and lawyers in the first place?

 

PUBLIC HOUSING, PRIVATE INTERESTS

Plaza East is one of five San Francisco public housing properties that was privatized under HOPE VI, a federal program that administers grants to demolish and rebuild physically distressed public housing.

The modernized buildings often have fewer public housing units than the ones they replaced, with private developers becoming their managers. San Francisco’s take on HOPE VI, called HOPE SF, is demolishing, rebuilding, and privatizing eight public housing sites with a similar process.

US Department Housing and Urban Development is rolling out a new program to privatize public housing. The San Francisco Housing Authority is one of 340 housing projects in the nation to be chosen for the competitive program. The city is now starting to implement the Rental Assistance Demonstration program. When it’s done, 75 percent of the city’s public housing properties will be privatized.

Under RAD, developers will team up with nonprofits and architectural firms to take over managing public housing from the Housing Authority. RAD is a federal program meant to address a nationwide crisis in public housing funding. Locally, the effort to implement the program has been spurred by the Mayor’s Office of Housing and Community Development.

MOHCD Director Olson Lee has described RAD in a report as “a game-changer for San Francisco’s public-housing residents and for [Mayor] Lee’s re-envisioning plan for public housing.” Later, Lee told us, “We have 10,000 residents in these buildings and they deserve better housing. It’s putting nearly $200 million in repairs into these buildings, which the housing authority doesn’t have. They have $5 million a year to make repairs.”

Funding is sorely needed, and this won’t be enough to address problems like the perpetually broken elevators at the 13-story Clementina Towers senior housing high-rises or SFHA’s $270 million backlog in deferred maintenance costs.

But RAD is more than a new source of cash. It will “transform public housing properties into financially sustainable real estate assets,” as SFHA literature puts it.

RAD changes the type of funding that supports public housing. Nationally, federal dollars for public housing have been drying up since the late ’70s. But a different federal subsidy, the housing choice voucher program that includes Section 8 rent subsidies, has been better funded by Congress.

Under RAD, the majority of the city’s public housing will be sustained through these voucher funds. In the process, the Housing Authority will also hand over responsibility for managing, maintaining, and effectively owning public housing to teams of developers and nonprofits. Technically, the Housing Authority will still own the public housing. But it will transfer the property through 99-year ground leases to limited partnerships established by the developers.

The RAD plan comes on the heels of an era marked by turmoil and mismanagement at the Housing Authority. The agency’s last director, Henry Alvarez, was at the center of a scandal involving alleged racial discrimination. He was fired in April 2013.

In December 2012, HUD declared SFHA “troubled,” the lowest possible classification before being placed under federal receivership. A performance audit of the agency, first submitted in April 2013 by the city’s Budget and Legislative Analyst, determined that “SFHA is expecting to have no remaining cash to pay its bills sometime between May and July of 2013.”

Six of the seven members of the Housing Authority Commission were asked to resign in February 2013, and were replaced with mayoral appointees.

Joyce Armstrong is not a member of this commission, but she sits on the dais with them at meetings, and gives official statements and comments alongside the commissioners. Armstrong is the president of the citywide Public Housing Tenants Association, and she talked about RAD at a March 27 meeting, conveying tenants’ apprehension toward the expansion of private managers in public housing.

“Staff in HOPE VI developments are very condescending,” Armstrong said. “We’re not pleased. We’re being demeaned, beat up on, and talked to in a way I don’t feel is appropriate.”

 

NONPROFITIZATION

When RAD is implemented, it won’t just be development companies interacting with public housing residents. San Francisco’s approach to RAD is unique in that it will rely heavily on nonprofit involvement. Each “development team” that is taking over at public housing projects includes a nonprofit organization. Contracts haven’t been signed yet, but the Housing Authority has announced the teams they’re negotiating with.

“We call it the nonprofitization of public housing,” said Sara Shortt, executive director of the Housing Rights Committee.

The developers are a list of the usual players in San Francisco’s affordable housing market, including the John Stewart Company, Bridge Housing Corporation, and Tenderloin Neighborhood Development Corporation.

Community-based organizations that are involved include the Mission Economic Development Agency, the Japanese American Religious Federation, Ridgepoint Nonprofit Corporation, Glide Community Housing, Bernal Heights Housing Corporation, and the Chinatown Community Development Center.

On March 13, when the Housing Authority Commission announced who would be on these teams, the meeting was packed with concerned members of the public. Two overflow rooms were set up. One group with a strong turnout was SEIU Local 1021, which represents public housing staff.

Alysabeth Alexander, vice president of politics for SEIU 1021, said that 120 workers represented by the union could be laid off as management transfers to development teams, and 80 other unionized jobs are also on the line.

“They’re talking about eliminating 200 middle-class jobs,” Alexander said.

She also noted that SEIU 1021 wasn’t made aware of the possible layoffs — it only found out because of public records requests. (Another downside of privatization is that certain information may no longer be publicly accessible.)

“We’re concerned about these jobs,” Alexander said. “But we’re also concerned about the residents.”

 

RESIDENTS’ RIGHTS

HUD protects some residents’ rights in its 200-page RAD notice. These include the right to return for residents displaced by renovations and other key protections, but rights not covered in the document — some of which were secured under the current system only after lengthy campaigns — are less clear. In particular, rights relating to house rules or screening criteria for new tenants aren’t included.

Negotiations with development teams are just beginning. Lee said tenants’ rights not included in the RAD language would be discussed as part of that process.

“It will be a function of what is best practice,” Lee said.

But developers have already expressed some ideas about public housing policies they want to tweak when they take over. At one point, the city was considering developers’ requests to divide the citywide public housing wait-list into a series of site-specific lists. Lee says that this option is no longer on the table.

But as developers’ interests interact with local, state, and federal tenant regulations, things could get messy. James Grow, deputy director of the National Housing Law Project, says that whatever standard is the most protective of residents’ rights should apply.

Still, Grow said, “There’s going to be inconsistencies and gray areas.”

Grow said that inevitably some residents’ rights will be decided “on a case-by-case basis, in litigations between the tenant and the landlord…They’ll be duking it out in court.”

This will be true nationwide, as each RAD rollout will be different. But at least in San Francisco, “Most of the tenant protections in public housing will remain,” said Shortt. “We are trying to tie up any holes locally to make sure that there is no weakening of rights.”

Grow’s and Shortt’s organizations are also involved in San Francisco’s RAD plan. The National Housing Law Project, along with the Housing Rights Committee and Enterprise Community Partners, have contracts to perform education and outreach to public housing residents and development teams.

 

UNCERTAIN FUTURE

Just how much money will go to RAD is still under negotiation. The RAD funding itself, derived from the voucher program, will surpass the $32 million the city collected last year in HUD operating subsidies. But its big bucks promise is the $180 million in tax credit equity that the privatization model is expected to bring in.

The city will also be contributing money to the program, but how much is unclear.

“The only budget I have right now is the $8 million,” Lee said, money that is going to the development teams for “pre-development.”

Lee added that funding requests would also be considered; those requests could total $30-50 million per year from the city’s housing trust fund, according to Shortt.

To access that $180 million in low-income housing tax credits, development teams will need to create limited partnerships and work with private investors. The city wants to set up an “investor pool,” a central source which would loan to every development team.

It’s a complicated patchwork of money involving many private interests, some of whom don’t have the best reputations.

Jackson Consultancy was named as a potential partner in the application for the development team that will take over management at Westbrook Apartments and Hunters Point East-West. That firm is headed by Keith Jackson, the consultant arrested in a FBI string in late March on charges of murder-for-hire in connection with the scandal that ensnared Sen. Leland Yee and Chinatown crime figure Raymond “Shrimp Boy” Chow.

Presumably, Jackson is no longer in the running, although the entire transformation is rife with uncertainties.

Residents often feel blindsided when management or rules change at public housing properties. And RAD will be one of the biggest changes in San Francisco’s public housing in at least a decade.

“People are concerned about their homes. When they take over the Housing Authority property, what’s going to happen? They keep telling us that it’s going to stay the same, nothing is going to change,” said Martha Hollins, president of the Plaza East Tenants Association.

Hollins has been part of Carter’s support network in her eviction case.

“They’re always talking about self-sufficient, be self-sufficient,” Hollins said. “How can we be self-sufficient when our children are growing up and being criminalized?”

Public housing has many complex problems that need radical solutions. But some say RAD isn’t the right one. After seeing developers gain from public housing while generational poverty persists within them, Gray-Garcia says that her organization is working with public housing residents to look into ways to give people power over their homes. They are considering suing for equity for public housing residents.

“‘These people can’t manage their own stuff and we need to do it for them.’ It’s that lie, that narrative, that is the excuse to eradicate communities of color,” Gray-Garcia said. “We want to change the conversation.”

Yee and others indicted by federal grand jury, reinforcing criminal complaint

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A federal grand jury has indicted Sen. Leland Yee and 28 others on charges similar to those issued in the bombshell criminal complaint by the FBI last week, the Sacramento Bee is reporting. The indictment named three additional defendants who weren’t in the original complaint: Barry Blackwell House (aka Barry Black), Zhanghao Wu, and Ton Zao Zhang.

Yee, political consultant Keith Jackson, Raymond “Shrimp Boy” Chow, and the rest of the gang face most of the same charges that they do in the complaint, with the Bee reporting that Yee faces a sentence of 125 years in prison and $1.75 million in fines.

US Attorney Melinda Haag issued a statement casting the indictment as strengthening the case against the defendants, but when the Guardian called with questions about why authorities chose to go with a criminal complaint followed by an indictment, an unusual move, a spokesperson told us, “Our office will not be making any comments on this case.”

For details on the case and a timeline of how it unfolded, read our story in this week’s Guardian.  

SF’s culture of corruption

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EDITORIAL The extent of the charges in the criminal complaint against Sen. Leland Yee, political consultant Keith Jackson, and others are shocking and sensational: international arms trafficking, drug dealing, money laundering, cavorting with organized crime figures, murder for hire. But the basic allegation that Yee and Jackson practiced a corrupt, transactional kind of politics wasn’t surprising to anyone who knew how they operated.

What’s worse, they were simply a more extreme — and now, thanks to FBI wiretaps and undercover agents, a better documented — example of the political corruption that is endemic to San Francisco and some other high-stakes American cities. The city of St. Francis gets sold out to the highest bidders everyday, by politicians who value wealthy constituents over the vast majority of us who are just trying to get by — and over the interests of city finances and governance.

Part of the problem is inherent in our money-driven political system, in which politicians are constantly hustling for cash from people who want things from them. Politicians deny they take actions with political contributions in mind, but well-heeled capital and labor interests don’t spend millions of dollars on contributions out of the goodness of their hearts. These are business transactions.

We wholeheartedly support the call Senate President Darrell Steinberg made for fundamental political reform during the March 28 vote to suspend Yee and two of his allegedly corrupt colleagues. These cases aren’t aberrations, they are indicative of how power get wielded when it’s based on wealth. That’s the reality that has gotten even uglier since the Citizens United decision equated money with political speech and upped the ante for would-be public servants.

But much of the problem is particular to San Francisco, where cozy relationships between politicians and corporate interests are often feted in plain view. Former Mayor Willie Brown — a lawyer and unregistered lobbyist who won’t reveal his huge corporate client list despite having an influential weekly column in the San Francisco Chronicle — helped install his longtime City Hall functionary Ed Lee into Room 200 to guard against anyone asking too much of the rich and powerful. Yee and Lee represented rival Chinatown economic factions, both wanting to use the power of the Mayor’s Office for their interests.

In his March 22 column, Brown once again repeated a joke he’s used before, that the “e” in email stands for “evidence,” which is really only funny in a sick political culture that celebrates slick rule-breakers. And it was from Brown that Lee learned it was acceptable to brazenly give tax breaks and regulatory passes to the tech companies that his top fundraiser, venture capitalist Ron Conway, are invested in.

Megadeveloper Lennar Urban used its wealth and political connections to take control of San Francisco’s biggest tracts of undeveloped and underdeveloped land, including Hunters and Candlestick points and Treasure Island, paying off community groups and hiring Jackson and other political henchmen to get the job done.

In fact, the FBI complaint says Jackson was working on behalf of that project when he approached accused Chinatown gangster Raymond “Shrimp Boy” Chow for support, leading to their alleged involvement in a string of wild criminal conspiracies. Meanwhile, Chow was getting public commendations from San Francisco-based politicians including Lee, Yee, Gavin Newsom, Dianne Feinstein, Fiona Ma, and even Tom Ammiano. Chow courted political legitimacy the same way politicians seek cash, and mainstream media outlets were happy to play along.

Throughout his political career, Yee has carried water for Pacific Gas & Electric, perhaps the most corrupting contributor to political campaigns in the city’s history. PG&E’s influence at City Hall had thankfully waned in recent years as a result of overreach and deadly criminal negligence, until Lee and his appointees last year killed CleanPowerSF (see “Challenge Mayor Lee and his lies,” 9/17/13) on a pretext so thin it could only be gift to PG&E.

In many ways, San Francisco hasn’t changed. It’s still the old Barbary Coast, ruled by capitalist thugs and corrupt politicians, only with glossy modern spin created by armies of well-paid political consultants. But we all deserve better.

Yee and Jackson should go to prison if there’s even a slice of truth to the allegations against them. And maybe they’ll cut deals and take other political figures down with them, giving us more of a peek behind the curtain of political power. But it’s up to all of us to break the close ties between economic and political power and begin to restore the democratic power of everyday people.

Crime and politics

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steve@sfbg.com

San Franciscans awoke March 26 to the surprising news that state Sen. Leland Yee (D-SF) had been arrested on federal corruption charges as part of early morning police raids targeting an organized crime syndicate based in Chinatown, along with reputed gangster Raymond “Shrimp Boy” Chow and two dozen others.

Yee had a reputation for sometimes trading votes for campaign contributions, a perception that had only gained strength in recent months as he launched his first statewide campaign, running to lead the Secretary of State’s Office, casting key votes for landlords and big industries that he refused to explain to local activists.

So in a year when two other Democratic Senators have also been stung by federal corruption and bribery probes, the televised image of Yee in handcuffs wasn’t beyond the realm of possibilities. It was surprising, but not shocking.

Yet by the mid-afternoon when the 137-page federal criminal complaint was unsealed and journalists started reading through what undercover FBI agents had discovered during their five-year criminal investigation, it read more like a sensational organized crime and espionage novel than a court document, a real page-turner that just got more wild and incredible as it went on.

timelineYeeWhat began with the FBI investigating a murder and leadership transition in the San Francisco branch of the ancient Chinese organized crime syndicate known as the Triad, led by an undercover FBI agent who had infiltrated the group, evolved into a widening investigation accusing Yee of arranging an illegal arms trafficking deal with a Muslim rebel group in the Philippines in exchange for $100,000 funneled into his campaign, on top of smaller favors that Yee allegedly did in exchange for envelopes with $10,000 in cash.

It was even worse for local political consultant Keith Jackson, a key Yee fundraiser who was also on contract with Lennar Urban for its Bayview-Hunters Point development projects, with the undercover FBI agents allegedly drawing Jackson into big cocaine deals, money laundering, bribery, and even a murder-for-hire plot. If the complaint is to be believed, Jackson seemed willing to do just about anything to enrich himself and raise money for Yee.

Meanwhile, the public image that Chow has been cultivating for himself since his 2003 release from federal prison — that of a reformed career gangster turned Chinatown civic leader, someone praised by local politicians for inspiring fellow ex-convicts to turn their lives around — was replaced the complaint’s description of a powerful “Dragonhead” overseeing a vast criminal enterprise involved in drugs, guns, prostitution, protection rackets, moving stolen booze and cigarettes, and money laundering.

“I think the whole city is in shock at the moment,” Board of Supervisors President David Chiu, who represents Chinatown and ran against Yee in the 2011 mayor’s race, told the Guardian that afternoon. “Today’s widespread law enforcement actions are incredibly disturbing. The detail and scale of the criminal activities are shocking.”

In the days that followed, Yee withdrew his candidacy for Secretary of State and was suspended by his colleagues in the California Senate. But where this wild tale of crime and corruption goes next — and who else gets implicated as these powerful and well-connected defendants look to cut deals to avoid the lengthy prison sentences they all face — is anyone’s guess.

 

THE CRIMINAL

Chow, 54, was raised a criminal, telling the History Channel’s “Gangland” that he stabbed someone in Hong Kong at the age of nine before moving to San Francisco in 1977 and getting involved in the Hop Sing Boys gang and Chinatown’s criminal underworld.

He survived the Golden Dragon Massacre, a shooting between rival Chinatown gangs that left five dead, but he was arrested in 1978 for a robbery and sent to prison for the first time, released in 1985. The next year, he was sent back to prison for attempted murder and more gang mayhem, released in 1989.

“I did time with Charles Manson, a good friend of mine. Kimball, a serial killer. I did time with a bunch of amazing people. Each person you talk to you learn something from. Ain’t no stupid people inside the prison, you can say that,” Chow told Gangland.

In 1991, a gangster named Peter Chong was sent from Hong Kong to San Francisco to extend the reach of the Wo Hop To Triad. He enlisted Chow as his right-hand man, and together they extended the reach of the Wo Hop To across the Western United States, trying to create an all encompassing gang named the Tien HaWui, “The Whole Earth Association.”

Chow was arrested again in 1995 on a variety of racketeering and other criminal charges and sentenced to 25 years in prison. But he later testified against Chong and got his sentence reduced, and he was released from federal prison in 2003.

After his release, Chow publicly claimed to go legit, working on book and movie deals about his life, as well as building connections in the political world. Chow posed for photos with then-Mayor Gavin Newsom and other local political figures.

But the latest criminal complaint said that even as Chow pretended to be moving on, he continued to make incriminating statements to the undercover agents “confirming his knowledge of and involvement in criminal activity.”

 

THE COMPLAINT

The criminal complaint alleges that “Chow is currently the Dragonhead, or leader, of the San Francisco-based Chee Kung Tong organization,” which it described as a criminal syndicate connected to Hung Mun, a criminal dynasty that began in 17th century China, “also referred to as a Chinese secret society and the Chinese Freemasons.”

It says Chow was sworn in as CKT head in August 2006, soon after the still-unsolved murder of CKT head Allen Leung. Chow’s swearing-in was reported in local Chinese media sources, so SFPD and FBI conducted surveillance there and launched an investigation.

The FBI says it began infiltrating CKT five years ago, including an undercover FBI agent dubbed UCE 4599, who in May 2010 was introduced to Chow, who “then introduced UCE 4599 to many of the target subjects.” UCE 4599 told Chow he was a member of La Cosa Nostra, the Italian mob.

In March 2012 he was inducted into CKT as a “Consultant,” the complaint alleges. It says that Jackson — a former San Francisco school board member and political consultant — had also be inducted into CKT as a “Consultant,” participating in various criminal conspiracies.

The gang members are accused of laundering money made from “illegal activities, specifically illegal gambling, bookmaking, sports betting, drugs, and outdoor marijuana grows.” They allegedly laundered $2.3 million between March 2011 and December 2013 for UCE 4599, with members collecting a 10 percent fee for doing so.

The complaint says Jackson “has a long-time relationship with Senator Yee,” and “has been involved in raising funds for” Yee’s run for mayor “and for Senator Yee’s current campaign in the California Secretary of State election.” And much of the complaint details deeds allegedly committed by Jackson and Yee.

In fact, the second person named in the complaint, right after Chow, is Yee, “aka California State Senator Leland Yee, aka Uncle Leland.”

As the complaint alleges, “Senator Yee and Keith Jackson were involved in a scheme to defraud the citizens of California of their rights to honest services, and Senator Yee, [Daly City resident Dr. Wilson] Lim, and Keith Jackson were involved in a conspiracy to traffic firearms.”

 

THE POLITICIAN

Yee and Jackson met UCE 4599 through Chow, and then Jackson allegedly solicited him to make donations to Yee’s 2011 San Francisco mayoral campaign “in excess of the $500 individual donation limit. UCE 4599 declined to make any donations to Senator Yee, but introduced Keith Jackson and Senator Yee to a purported business associate, UCE 4773, another undercover FBI agent,” who made a $5,000 donation to Yee’s mayoral campaign.

Yee had $70,000 in debt after that mayor’s race and worked with Jackson on ways to pay off that debt. “This included soliciting UCE 4773 for additional donations and in the course of doing so, Senator Yee and Keith Jackson agreed that Senator Yee would perform certain official acts in exchange for donations from UCE 4773.”

Yee allegedly agreed to “make a telephone call to a manager with the California Department of Public Health in support of a contract under consideration with UCE 4773’s purported client, and would provide an official letter of support for the client, in exchange for a $10,000 donation.”

Meanwhile, it says Jackson and Yee continued raising money for his Secretary of State race by soliciting donations from UCE 4599 and UCE 4180, another undercover agent. “They agreed that in exchange for donations from UCE 4599 and UCE 4180, Senator Yee would perform certain officials acts requested by UCE 4599 and UCE 4180.”

That included Yee issuing an “official state Senate proclamation honoring the CKT in exchange for a $6,800 campaign donation, the maximum individual donation allowed by law.” Yee allegedly did so, and it was presented by one of his staff members at the CKT anniversary celebration on March 29, 2013.

Yee and Jackson are also accused of introducing a donor to unidentified state legislators working on pending medical marijuana legislation, the donor being another undercover agent who claimed to be a medical marijuana businessman from Arizona looking to expand into California, “and in payment for that introduction, UCE 4180 delivered $11,000 cash to Senator Yee and Keith Jackson on June 22, 2013.”

In September, after making another introduction, Yee and Jackson allegedly received another $10,000 cash donation for their services. Then Jackson allegedly had an idea for getting even more money.

“Jackson told UCE 4599 that Senator Yee, had a contact who deals in arms trafficking.” Jackson then allegedly requested UCE 4599 make another donation “to facilitate a meeting with the arms dealer with the intent of UCE 4599 to purportedly purchase a large number of weapons to be imported through the Port of Newark, New Jersey.”

That deal for up to $2.5 million in weapons involved automatic weapon and shoulder-fired missiles, the complaint said, and “Senator Yee discussed certain details of the specific types of weapons UCE 4599 was interested in buying and importing.”

The complaint says that Yee expressed discomfort with how openly UCE 4180 discussed overt “pay to play” links between cash donations and official actions. “I’m just trying to run for Secretary of State. I hope I don’t get indicted,” Yee allegedly told two undercover FBI agents during a walk on June 20, 2013, urging them to be less explicit about connecting official favor with campaign donations.

“Despite complaining about UCE 4180’s tendency to speak frankly and tie payment to performance, and threatening to cut off contact with UCE 4180, Senator Yee and Keith Jackson continued to deal with UCE 4180 and never walked away from quid pro quo requests make by UCE 4180,” the complaint said. “In fact, Senator Yee provided the introductions sought by UCE 4180 and accepted cash payments which UCE 4180 expressly tied to the making of the introductions.”

Yee’s attorney, Paul DeMeester, told reporters they will contest the charges: “We will always in every case enter not guilty pleas, then the case takes on a life of its own.”

 

Joe Fitzgerald Rodriguez contributed to this report.

 

 

 

Complaint against Yee includes firearms trafficking and envelopes full of cash

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The federal criminal charges filed today against Sen. Leland Yee (D-SF), local political consultant Keith Jackson, reputed Chinatown organized crime boss Raymond “Shrimp Boy” Chow, and 23 other defendants allege a vast criminal conspiracy that was penetrated by undercover FBI agents, who say they then gave Yee envelopes full of cash in exchange for official favors.

Among the many bizarre aspects of this blockbuster case, Yee stands accused of taking part in a conspiracy to illegally smuggle firearms into the country, and using those deals to help secure campaign contributions for his current campaign for Secretary of State, while he was sponsoring a trio of gun control bills that were signed into law last year.

Yee, who reportedly faces 16 years in prison for two felony counts of wire fraud and conspiracy to deal firearms without a license and to illegally import firearms, was arrested this morning during a series of early morning police raids, pleaded not guilty at his arraignment this afternoon, and was freed after posting a $500,000 unsecured bond.

Chow had a long criminal history as the admitted head of the Hop Sing gang in SF’s Chinatown, serving prison time. “Chow’s criminal history includes a guilty plea in federal court for racketeering, involving murder for hire, conspiracy to distribute heroin, arson, and conspiracy to collect extensions of credit,” the complaint notes. (You can read the full complaint here.)

Chow publicly claimed to go legit after being released from federal prison in 2006, and he has cultivated many high-profile business and political connections in San Francisco. But the 137-page criminal complaint that was unsealed today alleges that “Chow is currently the Dragonhead, or leader, of the San Francisco-based Chee Kung Tong organization,” which it describerd as a criminal syndicate connected to Hung Mun, a criminal dynasty that began in 17th century China, “also referred to as a Chinese secret society and the Chinese Freemasons.”

It says Chow was sworn in as CKT head in August 2006 after being released from federal prison, soon after the still-unsolved murder of CKT head Allen Ngai Leung. Chow’s swearing-in was reported in local Chinese media sources, so SFPD and FBI conducted surveillance there and launched an investigation.

CKT is allegedly part of Triad, an international Chinese organized crime group with ties to China and Hong Kong, and in San Francisco it is said to be comprised of Chow’s Hop Sing, a street gang with 200-300 members, and the Wah Ching gang headed by George Nieh, who was charged with a variety of crimes today.

“Nieh said he was in charge of the Wah Ching gang and Chow was in charge of the Hop Sing gang. Nieh said they used to be enemies, but banded together instead,” the complaint says, relating what they allegedly told FBI informants who had infiltrated the organization.

The FBI says it began infiltrating CKT five years ago, including an undercover FBI agent dubbed UCE 4599, who in May 2010 was introduced to Chow, who “then introduced UCE 4599 to many of the target subjects.”

Chow allegedly told UCE 4599 that he oversees all of CKT criminal enterprises, but doesn’t actively run them anymore, acting as a arbiter, or as a judge when one CKT member kills another. Nieh allegedly heads the criminal activities division and reports to Chow.

They are accused of laundering money made from “illegal activities, specifically illegal gambling, bookmaking, sports betting, drugs, and outdoor marijuana grows.” They allegedly laundered $2.3 million between March 2011 and December 2013 for UCE 4599, with members collecting a 10 percent fee for doing so.

UCE 4599 told Chow he was a member of La Cosa Nostra, an Italian mob, and in March 2012 he was inducted into CKT as a “Consultant,” the complaint alleges. It says that Jackson — a former San Francisco school board member and political consultant who has worked for Lennar Urban and Singer Associates — had also be inducted into CKT as a “Consultant,” participating in various criminal conspiracies.

The complaint says Jackson “has a long-time relationship with Senator Yee,” and “has been involved in raising funds for” Yee’s run for mayor “and for Senator Yee’s current campaign in the California Secretary of State election.” And much of the complaint details deeds allegedly committed by Jackson and Yee.

In fact, the second person named in the complaint, right after Chow, is Yee, “aka California State Senator Leland Yee, aka Uncle Leland.”

“Senator Yee and Keith Jackson were involved in a scheme to defraud the citizens of California of their rights to honest services, and Senator Yee, [Daly City resident Dr. Wilson] Lim, and Keith Jackson were involved in a conspiracy to traffic firearms,” the complaint alleges.

Yee and Jackson met UCE 4599 through Chow, and then Jackson allegedly solicited him to make donations to Yee’s 2011 San Francisco mayoral campaign “in excess of the $500 individual donation limit. UCE 4599 declined to make any donations to Senator Yee, but introduced Keith Jackson and Senator Yee to a purported business associate, UCE 4773, another undercover FBI agent,” who made a $5,000 donation to Yee’s mayoral campaign.

Yee had $70,000 in debt after that mayor’s race and worked with Jackson on ways to pay off that debt. “This included soliciting UCE 4773 for additional donations and in the course of doing so, Senator Yee and Keith Jackson agreed that Senator Yee would perform certain official acts in exchange for donations from UCE 4773.”

Yee allegedly agreed to “make a telephone call to a manager with the California Department of Public Health in support of a contract under consideration with UCE 4773’s purported client, and would provide an official letter of support for the client, in exchange for a $10,000 donation. Senator Yee made the call on October 18, 2012 and provided the letter on or about January 13, 2013,” and Jackson allegedly took the cash donation from the agent.

Meanwhile, it says Jackson and Yee continued raising money for his Secretary of State race by soliciting donations from UCE 4599 and UCE 4180, another undercover agent. “They agreed that in exchange for donations from UCE 4599 and UCE 4180, Senator Yee would perform certain officials acts requested by UCE 4599 and UCE 4180.”

That included Yee issuing an “official state Senate proclamation honoring the CKT in exchange for a $6,800 campaign donation, the maximum individual donation allowed by law.” Yee allegedly did so, and it was presented by one of his staff members at the CKT anniversary celebration on March 29, 2013.

Yee and Jackson are also accused of introducing a donor to state legislators working on pending medical marijuana legislation, the donor being another undercover agent who claimed to be a medical marijuana businessman from Arizona looking to expand into California, “and in payment for that introduction, UCE 4180 delivered $11,000 cash to Senator Yee and Keith Jackson on June 22, 2013.”

In September, after making another introduction, Yee and Jackson allegedly received another $10,000 cash donation for their services.

In August of last year, in an effort to raise more money, “Jackson told UCE 4599 that Senator Yee, had a contact who deals in arms trafficking.” Jackson then allegedly requested UCE 4599 make another donation “to facilitate a meeting with the arms dealer with the intent of UCE 4599 to purportedly purchase a large number of weapons to be imported through the Port of Newark, New Jersey…Senator Yee discussed certain details of the specific types of weapons UCE 4599 was interested in buying and importing.”

The complaint, a declaration by FBI Agent Emmanuel Pascua, does indicate that both Chow and Yee sometimes tried to declare their legitimacy to the FBI agents.

“It should be noted that throughout this investigation, Chow has made several exculpatory statements about how he strives to become legitimate and no longer participates in criminal activity,” it says.

For example, Chow has been working on book and movie deals about his life, and he would regularly make statements attempting to distance himself from CKT’s alleged criminal activities, as well as building connections in the political world. Chow posed for photos with then-Mayor Gavin Newsom and other local political figures.  

“Chow has also been portrayed in many Chinese newspapers as being involved in community affairs and has been photographed posing with local politicians and other community leaders. For example, in August of 2006, Chow was photographed hold a Certificate of Honor from the San Francisco Board of Supervisors for community service of the CKT,” it reads.

But the complaint also said that Chow continued to make incriminating statements to the undercover agents “confirming his knowledge of and involvement in criminal activity.”

The complaint says that Yee also made many exculpatory statements and expressed discomfort with how openly UCE 4180 discussed overt “pay to play” links between cash donations and official actions.

“Despite complaining about UCE 4180’s tendency to speak frankly and tie payment to performance, and threatening to cut off contact with UCE 4180, Senator Yee and Keith Jackson continued to deal with UCE 4180 and never walked away from quid pro quo requests make by UCE 4180. In fact, Senator Yee provided the introductions sought by UCE 4180 and accepted cash payments which UCE 4180 expressly tied to the making of the introductions.”

Yee’s attorney, Paul DeMeester, told reporters they will contest the charges: “We will always in every case enter not guilty pleas, then the case takes on a life of its own.”

Officials in San Francisco and Sacramento are still reeling from the allegations. “I think the whole city is in shock at the moment,” Board of Supervisors President David Chiu, who represents Chinatown and ran against Yee in the 2011 mayor’s race, told us. “Today’s widespread law enforcement actions are incredibly disturbing. The detail and scale of the criminal activities are shocking.”

California Senate President Darrell Steinberg told reporters today that he has asked for Yee’s resignation and that he plans to introduce a resolution Friday to suspend Yee and two other Democrats chargeed with political corruption, Rod Wright and Ron Calderon.

Sen. Mark Leno (D-SF), who took part in that briefing, told the Guardian, “I’m frustrated and angered on behalf of my constituents that my Senate colleagues and I are there each day to create positive changes and all of these situations are distracting…It reflects badly on a great institution.”

Guardian reporter Joe Rodriguez Fitzgerald, who contributed to this report, has been covering this case from the federal courthouse today, and we’ll have more on this unfolding story in the coming days and the next issue of the Guardian. 

Yee had a reputation for political corruption even before the federal indictment

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Long before Sen. Leland Yee’s surprise arrest and arraignment on federal corruption charges today, Yee already had a reputation for, at best, political pandering and influence peddling; or at worst, corruption, a label for Yee long used in private conversations among figures in the local political establishment.

It was usually assumed to be the kind of low-level, quasi-legal corruption that is endemic to the political system: voting against one’s values and constituent interests in order to curry favor and financial contributions from wealthy special interests. In Yee’s case, his recent voting record seems to indicate that he was cultivating support from landlords and the pharmaceutical, banking, oil, and chemical industries for his current campaign for the Secretary of State’s Office.

But today’s indictment — which is expected to be released at any minute, and which we’ll detail in a separate post — seems to go much further, the culmination of a four-year FBI investigation tying Yee to notorious Chinatown gangster Raymond “Shrimp Boy” Chow, who was also arrested today. They and 24 others arrested in the case today are now being arraigned in federal court.  

The Bay Guardian has covered Yee throughout his 26-year political career, and we wrote a comprehensive profile of this controversial figure when he ran for mayor in 2011. More recently, in September, we wrote about some of his suspicious votes and refusal to offer credible explanations for them to activists he’s worked with before.

After that article, confidential sources contacted us urging us to investigate a series of strange votes Yee had cast in the last year, and we’ve been holding off on publishing that until Yee would sit down to talk to us about them. But each time we scheduled an interview with him, starting in November, he would cancel them at the last minute.

Maybe he was aware of the federal criminal investigation, or perhaps he had just decided that he not longer needed to cooperate with the Guardian as he sought statewide office, but he became increasingly hostile to our inquiries. Last month, when Yee saw San Francisco Media Co. (which owns the Guardian) CEO Todd Vogt having dinner with Board of Supervisors President David Chiu in a local restaurant, Vogt said Yee angrily accused the Guardian of being motivated by an anti-Asian bias in our inquiries and criticism, an incident that Vogt described to us as bizarre.

Guardian calls to staffers in Yee’s office, today and in recent weeks, haven’t been returned.

Yee has been a champion of sunshine (last week, the Society of Professional Journalists NorCal gave him a James Madison Freedom of Information Award for defending the California Public Records Act) and gun control, last year getting three such bills signed into law. SB 755 expands the list of crimes that would disqualify and individual from owning a gun, SB 374 prohibited semiautomatic rifles with detachable magazines, and SB 53 made background checks a requisite step in purchasing ammunition.

But he’s disappointed liberal and progressive constituencies — renters, environmentalists, seniors, students, the LGBT community — in San Francisco and beyond with most of his other votes, some of which ended up killing important legislation.

Yee voted against SB 405, which would have extended San Francisco’s plastic bag ban statewide. He also said no to regulating gasoline price manipulation by voting against SB 441, siding with the Big Oil over his constituents. And then he sided with Big Pharma in voting against SB 809, which would have taxed prescription drugs to help fund a state program designed to reduce their abuse, partially by creating a database to track prescriptions.

In addition to the Pharma-loving, ocean-shunning, oil-chugging votes Yee has cast, he has also turned a cold shoulder towards the elderly (by voting against SB 205, a bill that would make prescription font larger or, as the elderly would like to say, “readable”), the LGBTQ community (by voting against SB 761, which protects employees that use Paid Family Leave), students (by abstaining from a vote on AB 233, which would allow debt collectors to garnish the wages of college students with outstanding student loans), and tenants (by voting against the SB 510, the Mobile Home Park Conversion bill, and SB 603, which protects tenants from greedy landlords).

This year, as San Francisco’s other legislative representatives — Sen. Mark Leno and Assemblymembers Tom Ammiano and Phil Ting — announced efforts to reform the Ellis Act to address the escalating eviction epidemic in San Francisco, Yee has pointedly refused to support or even take a position on the effort.

In 2013, Yee sided with the Republican Party nine times on key votes, earning the scorn of many of his Democratic Party colleagues. Yee even voted for SCR 59, which would have created highway signs honored former Sen. Pete Knight, the late conservative Republican who authored Prop. 22 in 2000, strengthening California’s stand against same-sex marriage at the time.

Since we ran our “The real Leland Yee” article on Aug. 30, 2011, Yee has voted on 88 “key” pieces of legislation, according to the non-partisan, non-profit educational organization Project Vote Smart, and his final recorded vote has been “Yea” 80 times. He has abstained from voting six times, and has voted “Nay” just twice.

One of those votes came in response to a bill that was deemed “unnecessary” by Gov. Jerry Brown, but the other bill, SB 376, would have prohibited the harvesting and sale of shark fins in California.

In 2013, his voting record more closely aligns with Sen. Mark Wyland, a Republican from Carlsbad, than it does with any other Democrat on the Senate, finishing just ahead of Sen. Ron Calderon, the Southern California Democrat who was also indicted by the federal government on corruption charges last month after allegedly accepting bribes from an undercover FBI agent.

Throughout his legislative career, Yee has regularly supported Pacific Gas & Electric’s stranglehold on San Francisco’s energy market and benefitted from the company’s corrupting largesse. None of this may have crossed the line into actual criminal conduct — but for those familiar with Yee and his transactional approach to politics and governance, today’s indictment isn’t a huge surprise. 

Sen. Leland Yee arrested on corruption charges UPDATED

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 California Sen. Leland Yee (D-SF) has reportedly been arrested on corruption charges following an FBI sting and raid on his office. In addition to our 2011 profile of Yee’s checkered voting history, over the last six months we at the Guardian have also been investigating Yee’s unseemly votes and actions on behalf of monied interests, so check back later to read our findings and more on today’s unfolding actions against Yee.

UPDATE: We posted a story on Yee’s unseemly reputation and voting history here, and we’ll soon be posting details of his indictment, which is just now being unsealed.  

UPDATE: We and other journalists are still pouring through the 137-page criminal complaint against Yee and 25 other defendants, but in short it charges that Raymond “Shrimp Boy” Chow “is currently the Dragonhead, or leader, of the San Francisco-based Chee Kung Tong organization,” an organized crime syndicate involved in widespread criminal activities and money laundering. And it charges that Yee, “aka California State Senator Leland Yee, aka Uncle Leland,” helped run an illegal firearms trafficking operation along with political consultant Keith Jackson, a member of the CKT syndicate. Yee is charged with wire fraud and conspiracy to deal firearms without a license and to illegally import firearms, which is ironic given that his legislative bright spot last year was the passage of three tough gun control bills, as we discuss in our related story on his political history. 

Democratic party rejects bid to make waterfront development more democratic (UPDATED)

Note: This story has been updated (see below).

The governing body of the San Francisco Democratic Party voted Wed/12 to oppose a controversial June ballot measure concerning waterfront height limits, despite voting last year to support a strikingly similar measure on the November ballot.

By a slim 13-to-12 vote, the Democratic County Central Committee voted to oppose Proposition B, which would require city officials to get voter approval before approving new building projects that are taller than what’s legally sanctioned under a comprehensive waterfront plan.

The vote breakdown was surprising to some because until recently, the DCCC was known as a progressive stronghold in San Francisco politics. Its slate cards are distributed to Democrats throughout San Francisco, and Democrats make up the vast majority of city voters.

Now, under the leadership of a chair who is employed as a lobbyist for the San Francisco Association of Realtors, the DCCC has aligned itself with powerful real-estate developers hoping to build along the city’s waterfront. 

District 8 Sup. Scott Wiener came under scrutiny recently because he called for a formal evaluation on the impact of Prop. B after developers who oppose the measure sent emails urging him to do so. Wiener, who emphasized at the time that he merely sought an “impartial analysis” of the measure, voted against Prop. B.

Also opposing Prop. B were Assmeblymember Phil Ting, Attorney General Kamala Harris, and Bevan Dufty, a former District 8 supervisor who now leads the mayor’s initiatives on homelessness. 

Twelve members voted to endorse the measure, including Sups. John Avalos, David Campos, Eric Mar, and Malia Cohen, as well as California Sen. Mark Leno and Assemblymember Tom Ammiano. 

But the threshold for this vote to pass or fail was much lower than usual, because so many DCCC members simply refused to take a stand one way or the other.

Prop. B comes on the heels of voters’ rejection last November of Props. B and C, dueling initiatives which concerned the fate of a controversial luxury high-rise tower, the 8 Washington project. 

Although that project won Board of Supervisors approval, opponents brought a referendum to the ballot to ask voters to decide whether to uphold or reject a building height increase that went above the established limit.

The rejection of 8 Washington at the ballot was interpreted as a politically significant turning point, because voters flushed a luxury condo tower down the tubes at a time when the housing affordability crisis was getting into full swing. Soon after that victory, 8 Washington opponents returned to file paperwork for a new referendum on the ballot, to require voter approval for all waterfront height-limit increases.

San Francisco Board of Supervisors President David Chiu – who not only opposed 8 Washington but helped gather signatures for the referendum to challenge it – did not take a position on the waterfront height limit measure. Chiu’s decision to abstain sets him apart from Campos, his opponent in the upcoming Assembly race. Had Chiu voted to endorse Prop. B, its opponents would not have had the votes to get the upper hand.

UPDATE: Chiu said he still hasn’t formed an opinion on the measure, and that he’s waiting on a pending city analysis and the outcome of a lawsuit challenging it. 

“There’s been very little analysis and it could take money away from affordable housing and cost the city money fighting a lawsuit,” he said, citing the money that developers would be spending on political campaigns as the potential source of affordable housing money. 

“I am open to supporting the measure, as someone who passionate about waterfront development,” he added, citing the lead role he took in opposing the 8 Washington project. (End of update.)

Others who abstained (or did so by proxy) included Alix Rosenthal (who is working as a consultant on the waterfront Warriors arena project), Sen. Dianne Feinstein, Rep. Jackie Speier, and Rep. Nancy Pelosi. California Sen. Leland Yee – whose representative at the meeting, John Rizzo, reportedly did not show up to cast Yee’s vote – was reportedly also planning to abstain.

Jon Golinger, who is leading the Prop. B campaign to require voter approval for waterfront height-limit increases, said he wasn’t terribly concerned about the DCCC vote, since early polling was favorable to his campaign. But he found it telling that the same cast of characters who had opposed 8 Washington were now voting to oppose a measure that would have extended voters’ will on 8 Washington to all waterfront development proposals.

“The key difference,” between Prop. B and last November’s 8 Washington vote, he told the Bay Guardian, “is that there are more big money interests that have something to lose here.”

Watchdogs in action

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news@sfbg.com

The Society of Professional Journalists, Northern California, will honor the following James Madison Freedom of Information Award winners during a March 20 banquet. Details on their work and the dinner are available at www.spjnorcal.org.

 

VOICE FOR PRISONERS

Throughout his 29-year journalism career, Peter Sussman, a retired San Francisco Chronicle editor, advocated for greater media access to prisoners and fought to uphold the rights of inmate journalists. In the 1980s, federal prison officials cracked down on inmate Dannie “Red Hog” Martin for writing to Sussman to share what life was like behind bars.

The retaliation spurred an epic battle over free speech within prison walls, and Sussman responded by publishing Martin’s regular writings about prison life, and later co-authoring a book with him titled Committing Journalism: The Prison Writings of Red Hog.

In the mid-’90s, Sussman fought state prison officials’ restrictions on media interviews with prisoners. He also helped write and sponsor statewide legislation to overturn limits restricting media access to prisons. Sussman will receive the Norwin S. Yoffie Award for Career Achievement.

 

GUIDING ASPIRING JOURNALISTS

Beverly Kees Educator Award winner Rob Gunnison is a former instructor and administrator at UC Berkeley’s Graduate School of Journalism, where he arrived after spending 15 years covering government and politics in Sacramento for the San Francisco Chronicle.

As a longtime instructor of a course called “Reporting and Writing the News,” Gunnison has continued to educate hungry young journalists on how to seek public records and carry out investigative reporting projects.

 

EXPOSING ATROCITIES

Peter Buxton will be honored with the FOI Whistleblower/Source Award. In 1972, Buxton played a key role in alerting the press to the ongoing operation of the Tuskegee syphilis experiments, where African American sharecroppers were intentionally exposed to the disease, without treatment or their knowledge, so researchers could study its progression.

By the time the story was related to the press, 28 men had died of syphilis, and 100 others had died of related complications. That leak helped spur Congressional hearings on the practice beginning in 1973, ultimately spurring a complete overhaul of federal regulations. A class-action lawsuit was filed, resulting in a $10 million settlement.

 

EXPOSING BART’S SCHEME

Reporter Tom Vacar of KTVU pushed for records determining whether replacement drivers that BART was training to help break last year’s labor strike were qualified to safely operate the trains, eventually finding that they had been simply rubber-stamped by the California Public Utilities Commission.

Those findings proved gravely significant on Oct. 21 when two workers on the tracks were killed by a BART train operated at the time by an uncertified trainee, an accident still being investigated by the National Transportation Safety Board.

 

STANDING FOR SUNSHINE

California Sen. Leland Yee is once again being honored by SPJ Norcal for his work on sunshine issues, including last year criticizing Gov. Jerry Brown and other fellow Democrats who had sought to weaken the California Public Records Act, instead seeking to strengthen the ability of the courts to enforce the law.

 

FIGHTING THE CITY

Freelance journalist Richard Knee’s Distinguished Service Award caps a 12-year fight for open government in a city eager to stash its skeletons securely in closets.

Knee is a longtime member of the San Francisco’s Sunshine Ordinance Task Force, created in 1994 to safeguard the city’s Sunshine Ordinance, and he has fought to maintain its power and relevance.

Over the years, many city agencies have fought against the task force, from the City Attorney’s Office to a group of four supervisors who claimed the task force was wasting public money, a struggle that is still ongoing.

 

BADGES AND ACCOUNTABILITY

The Lake County News and its co-founders Elizabeth Larson and John Jensen will received a News Media Award for a protracted legal battle with local law enforcement for a simple journalistic right: interview access.

The scrappy local paper detailed allegations that Lake County Sheriff Frank Rivero and his deputies wrongfully detained suspects on trumped up charges, made threats, conducted warrantless home searches, and violated suspects’ civil rights.

Rivero’s office responded by blacklisting the paper from interviews, a fundamental building block of news coverage. The paper sued the Lake County Sheriff’s Department, eventually winning its battle to obtain the right to keep asking the sheriff the tough questions.

 

PROTECTING THEIR SOURCES

When Saratoga High School student Audrie Potts committed suicide in September 2012, her parents alleged she was pushed over the edge by cyber bullying over photos of Potts at a party. High school journalists Samuel Liu, Sabrina Chen, and Cristina Curcelli of The Saratoga Falcon scooped the sensational national media outlets that descended on the story, but they were subpoenaed by the Potts family to reveal their sources.

They refused, citing California’s shield law in a successful legal defense that strengthened the rights of student journalists. As Liu said, “We are not willing to destroy our journalistic integrity by giving up our confidential sources, we got this information on the condition of anonymity, from people that trusted us.”

 

BUYING FRIENDS AT CITY HALL

Bay Guardian News Editor Rebecca Bowe and Reporter Joe Fitzgerald Rodriguez are being honored with a Journalist Award for “Friends in the Shadows,” (10/8/13) our investigation of the shady ways that developers and other powerful players buy influence at City Hall.

“Their detailed and thorough account explored a trail of money through myriad city agencies and departments,” the awards committee wrote, noting how the paper “used public records, interviews and independent research to probe how developers, corporations and city contractors use indirect gifts to city agencies to buy influence.”

 

NEWS FROM INSIDE

For accomplishing “extraordinary journalism under extraordinary circumstances,” The San Quentin News is being honored with a News Media Award. It is California’s only inmate-produced newspaper, and one of the few in existence worldwide.

The San Quentin News publishes about 20 pages monthly, and has a press run of 11,500 for inmates, correctional officers, staff, and community members. It’s distributed to 17 other prisons throughout California.

Under the scrutiny of prison authorities, the inmate journalists and volunteers wound up covering a historic prison hunger strike, the overcrowding of the prison population, and the denial of compassionate release for a dying inmate, an octogenarian with a terminal illness.

 

EXPOSING TORTURERS

The Western Hemisphere Institute for Security Cooperation (WHINSEC), better known as the name it held prior to 2001, the School of the Americas, is a combat training school for Latin American soldiers and commanders, with many graduates going on to commit human rights atrocities.

School of the Americas Watch founder Judith Litesky, a former nun, and Theresa Cameranesi, filed a lawsuit in federal court in San Francisco seeking the list of those who had gone though courses that include counter insurgency techniques, sniper training, psychological warfare, military intelligence and interrogation tactics.

Last year, the pair won a significant victory when a federal judge in Oakland ruled that the government could not cite national security reasons in withholding the names. Although the case is ongoing, they are being honored with a Citizen Award.

 

FIGHTING CORPORATE SNOOPS

In 2008, journalists from The New York Times and BusinessWeek looked to Terry Gross of Gross Belsky Alonso for legal counsel in a case against Hewlett-Packard. In a staggering display of corporate snooping, the tech giant had illegally obtained private telephone records of the journalists, in an attempt to gain access to the identities of their sources.

Gross has also defended journalists against police in cases regarding media access for breaking-news events, and he’s helped to expand the rights of online journalists. This year, Gross will receive the FOI Legal Counsel Award.

 

BAD BRIDGE, GOOD JOURNALIST

Sacramento Bee Senior Investigative Reporter Charles Piller will be honored with a Journalist Award for exposing corrosion problems in the long delayed, cost-plagued eastern span of the San Francisco-Oakland Bay Bridge. His breaking story and subsequent follow-ups revealed Caltrans’ inadequate corrosion testing, as well as inadequate responses to bridge inspectors who for more than two years warned Caltrans of water leaks and corrosion — only to go unheeded.

 

SUNSHINE COLUMNIST

Editorial and Commentary Award winner Daniel Borenstein, who writes for the Bay Area News Group, issued a strong response to a legislative attack on California’s Public Records Act last year, ultimately helping to defeat proposed changes that would have gutted the law.

“Without the state Public Records Act, we would never know about the Oakley City Manager’s $366,500 taxpayer-funded mortgage scheme, the Washington Township hospital CEO’s $800,000-plus annual compensation or the retired San Ramon Valley fire chief’s $310,000 yearly pension,” Borenstein wrote in one of his columns. “We would be ignorant of broken bolts on the Bay Bridge, the cover-up of Moraga teachers sexually abusing students, a BART train operator who collected salary and benefits totaling $193,407, the former BART general manager who received $420,000 the year after she was fired or the Port of Oakland executives who spent $4,500 one night at a Texas strip club.”

Bay Bridge turns Brown

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The California Senate gave its blessing to the rename the western span of the Bay Bridge after former San Francisco Mayor Willie Brown on Sept. 12, blatantly disregarding its own rules and strong local opposition to the proposal.

Since ACR 65 is a nonbinding resolution, Gov. Jerry Brown cannot veto it even though he went on record earlier this week saying the 77-year-old bridge should keep the same name it’s always had.

San Francisco Sens. Mark Leno and Leland Yee both voted in favor of the resolution.

As the Senate gave final approval to the measure, attorneys G. Whitney Leigh and Lee Hepner filed a complaint seeking injunctive relief to overturn the resolution on behalf of their client, good government advocate Bob Planthold.

At a press conference, Planthold said the lawsuit “has nothing to do with Willie,” but rather sought to remedy what he perceived as state lawmakers ignoring their own rules, including reserving such honors for the deceased, a state of affairs he characterized as “Orwellian.”

Leigh questioned why Sacramento legislators were in such a rush to rename part of the Bay Bridge when construction of the eastern span had only just been completed, following long delays and overruns partly caused by Brown when he was mayor.

“There is a shadiness and irregularity to this procedure,” Leigh said.

The suit alleges “arbitrary suspension and/or violation of legislative rules and policies” to fast track the legislation. Specifically, Hepner said, lawmakers ignored an established timeline for introducing new proposals, instead allowing ACR 65 to be submitted four months after the formal deadline.

Formal Assembly criteria states that clear community consensus must be in place when a major piece of public infrastructure is renamed. Yet in the case of the Willie L. Brown Jr. Bridge, no such consensus exists.

Leigh is the former law partner of Matt Gonzalez, a former president of the San Francisco Board of Supervisors, who joined former board presidents Quentin Kopp and Aaron Peskin to formally call on Senate pro Tem Darrell Steinberg to stop the resolution from going forward.

On Aug. 29, the trio fired off an open letter to Steinberg in an attempt to halt the proposal from going any further, claiming “there exists significant concern in our community that naming the Bay Bridge for him is not appropriate.”

Peskin had a more colorful take on Brown and bridge when he spoke to the Guardian: “I think they should name the old eastern span, that they’re demolishing, after him. You know why? Because it’s old and crooked and a danger to society.”

Senate OKs Bay Bridge name change, lawsuit seeks to overturn it

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The California Senate gave its blessing to the rename the western span of the Bay Bridge after former San Francisco Mayor Willie Brown on Sept. 12, blatantly disregarding mounting local opposition to the proposal. Since ACR 65 is a nonbinding resolution, Gov. Jerry Brown cannot veto it even though he went on record earlier this week saying the 77-year-old bridge should keep the same name it’s always had.

San Francisco Sens. Mark Leno and Leland Yee both voted in favor of the resolution.

The same day, Attorneys G. Whitney Leigh and Lee Hepner filed a complaint seeking injunctive relief to overturn the resolution on behalf of their client, good government advocate Bob Planthold.

At a press conference, Planthold said the lawsuit “has nothing to do with Willie,” but rather sought to remedy what he perceived as state lawmakers ignoring their own rules, a state of affairs he characterized as “Orwellian.” Here’s an excerpt of his comments to reporters:

For his part, Leigh questioned why Sacramento legislators were in such a rush to rename part of the Bay Bridge when construction of the eastern span had only just been completed, following long delays and overruns. “There is a shadiness and irregularity to this procedure,” he said.

The suit, directed at the California Senate and the Assembly and all the lawmakers responsible for pushing it through, alleges “arbitrary suspension and/or violation of legislative rules and policies” to fast track the legislation.

Specifically, Hepner said, lawmakers ignored an established timeline for introducing new proposals, instead allowing ACR 65 to be submitted four months after the formal deadline. Additionally, he said, the Senate Committee on Transportation and Housing was technically barred from meeting between Sept. 3 and 13 – a rule likely meant to keep lawmakers focused on more pressing issues, like approving 400+ bills before a Sept. 13 deadline – but nevertheless, ACR 65 passed out of that committee on Sept. 9 on an 8-1 vote.

Planthold previously served on the city’s Sunshine Ordinance Task Force and was previously an officer on the San Francisco Ethics Commission. Leigh is the former law partner of Matt Gonzalez, a former president of the San Francisco Board of Supervisors who joined two other former board presidents to formally call on Senate pro Tem Darrell Steinberg to stop the resolution from going forward.

Despite Gov. Brown’s opposition to renaming the Bay Bridge, it remains unclear exactly what he’ll do about it now that it has formally passed. In response to a query about whether he would take steps to halt implementation, spokesperson Evan Westrup responded in an email: “Got your message. Don’t expect we’ll be providing further comment today.”

Are Yee’s anti-tenant votes about courting contributions from landlords?

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Sen. Leland Yee has never been a vote that renters could count on, from his days on the San Francisco Board of Supervisors to his representation of San Francisco’s westside in the California Legislature. But now that he’s preparing a statewide campaign for Secretary of State, tenant advocates say he’s more squirrely that ever.

They’ve been rankled by a couple of key Yee votes this year — and by Yee’s apparent unwillingness to engage with them or explain any concerns he might have — particularly Yee’s vote yesterday against legislation that would allow cities and counties to reinstate requirements that developers include some affordable rental units in their housing projects, which the California Supreme Court took away in 2009 with its infamous Palmer v. Los Angeles decision.

That legislation, Assembly Bill 1229, was narrowly approved by the California Senate yesterday despite an aggressive opposition campaign by landlords and developers who initially got overwise supportive Democrats to take a walk and abstain from voting, although tenants groups were finally able to stiffen enough spines to win passage. It now awaits the signature of Gov. Jerry Brown, who hasn’t yet taken a position on the measure.

“It directly overturns [the Supreme Court’s ruling on local inclusionary housing laws] and puts us right back where we were before the Palmer decision. It’s a hugely significant affordable rental housing measure,” Dean Preston, head of the statewide Tenants Together, told the Guardian.

But Yee, who provided the Guardian with a written statement in response to our questions, dismisses the bill’s significance: “SB 1229 is a piecemeal solution, offering a chance at lotteries in housing developments scattered randomly throughout the state. I’m proud to stand by my record of supporting effective legislation to provide affordable housing, supporting inclusionary housing and protecting rent control.”

Preston told us the statement “makes no sense and it doesn’t explain why he supported the same thing two years ago that he now opposes,” referring to Sen. Mark Leno’s SB 184, which died in the Senate two years ago.

But Preston did say that he’s happy to hear Yee explain himself, something that he’s been unwilling to do so far this year, including on his vote against Leno’s SB 603, who would have created sanctions for landlords that illegally withhold security deposits from their renters. It stalled in the Senate back in May.

“SB 603 would have invited lawsuits against landlords throughout the state, honest and otherwise, which would inevitably lead to property owners taking units off the market and driving up prices,” is how Yee now explains that vote to the Guardian.

But Preston said that explanation also doesn’t make sense, noting that Leno’s bill is already law in Alabama. “There’s no disincentive whatsoever for landlords to illegally withhold deposits,” Preston said, noting the he and other activists have fruitlessly tried for months to reach Yee on the issue. “It’s good to finally hear any explanation for his vote, months later.”

“There’s a pattern emerging with him where he won’t even explain his votes,” Preston said, noting that Yee “is running for statewide office and he’s trying to appeal to landlords and developers.”

Indeed, Yee will need to raise buckets of cash to reach a statewide audience, and he certainly understands who has the money these days. But Yee denies that he is carrying water for landlords, citing other pro-tenant votes: “I’ve always been proud to fight for tenants. Earlier this year, I cast the deciding vote for SB 391 which directs an estimated $720 million in state funds annually to the construction, rehabilitation and continued preservation of low and affordable affordable housing for everyone, families, seniors, veterans, people with disabilities, the unemployed, and the homeless. I spent years fighting for redevelopment agencies, one of only three Democrats to do so, which put a billion dollars a year into providing affordable housing throughout the state. These are programs that have been proven to be effective, an example of good results rather than just good intentions.”

UPDATE 3pm: Leno just returned our call from the floor of the Senate, where he said that Yee mischaracterized SB 603. “Those are the talking point of the industry and they’re just plain wrong,” Leno told us.

Leno said he modified the bill significantly to win support, including removing provisions that would have required landlords to keep deposits in separate accounts and pay interest on them. “All that remained is the penalty for a landlord that is was determined by the courts had illegally kept a deposit,” Leno told us. “And it still stalled. It’s the power of that lobby.”