Sunshine

From cabin to castle

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› news@sfbg.com

San Franciscans love Camp Mather just the way it is, if its popularity is any indicator. They love the stuffy dining hall, the rustic wooden cabins, murky Birch Lake, and the basic layout of a camp established in the 1920s for the workers who built the nearby Hetch Hetchy dam.

Families are eagerly awaiting the reservation notices being mailed out this week by the San Francisco Recreation and Park Department telling them if and when they’ll be spending seven days there this summer. But the Friends of Camp Mather have been less than pleased with other news about their favorite vacation spot.

Persistent fears that Rec and Park intends to privatize the camp — which started in 2003 when the department asked for a study on the subject — led to a Board of Supervisors resolution in January declaring that the city “opposes working with private sector property developers on any plans for Camp Mather in the future.”

Rec and Park head Yomi Agunbiade told the supervisors the department “has no plans to sell or contract the camp at this point” and “there is no proposal to fully privatize Camp Mather now.” Such qualifiers were hardly comforting to the Friends of Camp Mather, who have been having a hard time getting straight answers from the department about its current financial situation and its plans for the future.

We now understand their frustration. Last month the Guardian made a Sunshine Ordinance request of the department to get documents that break down the $20 million figure Rec and Park has been using publicly to quantify the current capital needs at Camp Mather.

In our back-and-forth with department spokesperson Rose Dennis, we learned the department is now estimating that Camp Mather needs closer to $36 million. And she told us that “if we don’t get this money, we will have to shut it down, and then the kids won’t have a place to go.”

Yet the department is unable to provide a basic account for its claimed capital needs, except for a database filled with numbers for which there appears to be little support. Many of these numbers seem wildly inflated and are contradicted by other Rec and Park documents.

It’s unclear exactly what’s going on here. Maybe the big numbers are scare tactics or inflations designed to push the $150 million general-obligation bond that the department hopes to send to voters next year. (In the bond, Rec and Park claims to need a staggering $1.7 billion.) Or maybe, as Dennis said, they are “preliminary numbers” that are likely to be pared back and shouldn’t have been made public in the first place.

But whatever the case, it’s understandable that some Camp Mather regulars are freaking out and fearing their favorite vacation spot is in jeopardy. And this whole episode raises questions about what’s going on at Rec and Park.

It should have been a simple request to have a public agency break down the millions of dollars it says it needs. But that didn’t prove to be the case either for us or for the Friends of Camp Mather, despite city laws that require full disclosure of all public documents, whether the agency wants to oblige or not.

“At this time we have not wanted to provide detailed information on each property, but we have provided the ‘overview’ information (tab 1) to the Friends of Mather as per their request (which may have led to the questions). The Comet data is being reviewed right now and is not finalized,” Rec and Park planner Karen Mauney-Brodek wrote in a March 8 e-mail to Dennis, which we obtained with our Sunshine request.

That attachment includes five capital-need figures: $9.4 million for all cabin buildings, $7.8 million for all other buildings, $16.2 million for the park site, $2.6 million for bathing facilities, and $479,971 for storage structures — a total of $36.6 million. It also includes a second column with “facility value” figures, which differ little from the first column, but it does not include an explanation of the numbers or what they’re derived from, other than “COMET data,” which stands for Condition Management Estimation Technology.

We pushed for and ultimately received a fuller account of that data and a spreadsheet assigning repair and replacement costs to facilities all over Camp Mather. But that only raised more questions for which we still haven’t received good answers.

The COMET data indicated that some of the simple wooden cabins, which are essentially shacks with no foundation or plumbing, would cost up to $199,068 to replace, more than the price of building a large single-family home. This is in stark contrast to a 2003 study the department commissioned from Bay Area Economics, which estimated the cost of each cabin at about $16,000. There was no explanation in the document for such astronomical figures.

“Most campers would be distressed to come to camp and find all the historic cabins completely revamped,” Robin Sherrer, president of the Friends of Camp Mather, told the Guardian.

When asked to justify and explain the numbers, Dennis talked about “escautf8g contingency factors” and used other bureaucratic jargon but was unable to simply say why a $16,000 cabin would suddenly cost $200,000. But we did learn the COMET data had come from a study by the local firm 3D/I.

We asked for that study, but Dennis said the department didn’t have it. Any day now, Dennis said, 3D/I will be giving the department “10 huge binders” of data it developed for various Rec and Park properties from November 2006 to January 2007. Officials will then process that data to present to the Rec and Park Commission in May or June. It is interesting to note that 3D/I also computed the data for a long list of Rec and Park projects, not just Camp Mather.

Among the other capital needs the department is claiming: almost $100 million for the yacht harbor, $102 million for a recreation center, $150 million for playgrounds, and a whopping $572 million for Golden Gate Park.

That list was scheduled to go to the Recreation and Park Commission on March 15 to support a discussion of the $150 million general-obligation bond that the department is seeking, but the list was pulled at the last minute because it needs more documentation.

As Dennis told us, “The president of the commission had it pulled because it was a little sparse.” *

 

From Iraq and back

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› amanda@sfbg.com

Omar Fekeiki sits alertly at a café table on the terrace of International House, his dorm at UC Berkeley. His straight posture belies his relative ease. It’s the only sign that he may not be entirely at home.

Like any other 28-year-old graduate student, he’s wearing jeans — not the pressed slacks necessary for a meeting with Iraqi officials. His hands are resting on his knees, rather than poised with a pen and a reporter’s notepad, scribbling Arabic words from an informed source. His smooth, tan face, with just a hint of unshorn shadow, is turned up toward a mild afternoon sun, not away from the heat of a Baghdad noon. The dark stubble on his head is no longer covered by a helmet. His slim chest is free to breathe without the pressure of a flak jacket. His heart may or may not be racing, but it’s definitely beating.

It’s difficult to believe that the quiet cell phone on the table in front of him once rang regularly with field reports of car bombings, kidnappings, and execution-style shootings. It’s unsettling to think it could ring now, that something irrevocable could be happening at home, 7,500 miles away, as he sits in this idle sunshine.

What does Fekeiki find unbelievable? That he’s in the United States, that he’s finally on his way toward a real life, studying journalism at one of the best universities in the world.

"It was not even a dream," he told the Guardian with the careful pronunciation that can sound like a proclamation often heard in the voices of nonnative English speakers. "It’s something beyond a dream. It was such an impossible thing to do. Now I flash back memories of when I spent hours on the phone with my best friend. We would say, ‘Could you imagine if we could go to the States and find work and live there?’ I always think about this and say, ‘Wow, I’m lucky.’ "

According to the Office of the United Nations High Commissioner for Refugees, at least 3.9 million Iraqis have fled their homes since the US invasion. Half are displaced within their country, and the other two million have crossed borders, with 700,000 in nearby Jordan, 100,000 in Egypt, and 60,000 finding a sort of solace in Sweden.

By contrast, in four years only 692 Iraqis have been resettled in the United States. Despite the danger at home and a flood of applications, the State Department routinely denies Iraqi visa applications, apparently believing Iraqis need to stay home to rebuild their tattered country. Of the record 591,000 student visas given last year, only 112 went to Iraqis, an increase from 46 in 2005.

"I waited months," said Fekeiki, who thinks his affiliation as a special correspondent with the Washington Post is what got him the necessary piece of paper in the nick of time.

But his status here is temporary, and even though a civil war rages in the streets of his hometown and no US, UN, or Iraqi politician has yet to forcefully present a viable solution to the quagmire, he has no plans to apply for citizenship.

"Every Iraqi I know in the States now doesn’t want to go back. I don’t blame them," he said. But staying here is not for him. And that’s the other unbelievable thing about Fekeiki: he can’t wait to return to Baghdad.

"I belong in Iraq."

FINDING HIS POST


Fekeiki says he’s always been lucky, and April 2003 was no exception. The day after the fall of Saddam Hussein’s government, Fekeiki was hoping to track down a BBC reporter at the Palestine Hotel who might lend him a phone to make a "we’re alive" call to his uncle in London. He noticed a Washington Post reporter struggling to interview a civilian and stopped to lend a hand. The reporter was impressed with Fekeiki’s translation and suggested he go to the paper’s offices and see about a job.

He did and was temporarily hired by bureau chief Rajiv Chandrasekaran, but after a week he was let go. The Post had enough translators. "He was pretty young, just out of school," Chandrasekaran told the Guardian. The Post did, however, make a point of noting the directions to the young man’s house in case it ever needed him. In a matter of days the paper was knocking on his door.

Initially, Fekeiki continued working as a translator but quickly graduated to fixer, a sort of guide to the Post journalists — scouting out stories, digging up contacts, arranging transportation and interviews. Within weeks he was the bureau’s office manager, overseeing a busy newsroom of 42 American and Iraqi journalists who were all older than him and vastly more experienced.

Chandrasekaran says one thing he always told his Post colleagues was to listen to the Iraqi staff. "They have a better sense of when something is going bad. I empowered people like Omar to put their foot down, to say no."

That empowerment, coupled with the important tasks of monitoring news wires and Iraqi and American television stations, dispatching staff to daily disasters, and maintaining order in the office, suited Fekeiki. He rose to the challenge and fell in love with his job. Pretty soon he was contributing to stories, then writing his own and, to his surprise, really enjoying the work.

Raised by a family of journalists and writers, Fekeiki never thought he’d be one. His father, a former politician and vocal critic of Hussein, had lived the nomadic life of an exile as a punishment for his writing. Fekeiki grew up with wiretapped phones, regular house searches, and a father with his neck in a threatened noose. He was taught that if you wrote what the government approved, you’d be wasting your time. If you didn’t, you’d be killed.

The motives have changed, but the risk remains. Life was always dicey. Fekeiki was raised with the fear that he would "disappear" if he weren’t carrying the proper card identifying him as a student, not a soldier. Censorship was part of life.

"If you repeat what we say in this house, you will get killed," he was told by his parents. "Imagine saying that to a five-year-old?" he asks. "I had to live with fear all the time."

He could never slip — it would put his family in grave risk. But now, taking up the family tradition and being a journalist in his native country is almost like asking to die.

DEADLY PROFESSION


Targeted violence toward news gatherers is on the rise everywhere, and 2006 was the deadliest year for journalists since 1994, mostly because of Iraq. Though statistics vary depending on the definition of journalist, Reporters Without Borders says 155 journalists and media staff have been killed during the four years of Iraq War coverage. The Committee to Protect Journalists, which investigates every claim and only counts confirmed deaths of credentialed reporters, puts the figure at 97. Both counts already lap the Vietnam War’s 20-year tally of 66, and both organizations say the fallen are overwhelmingly Iraqi.

"I’m hard-pressed to think of a more dangerous profession in the world today than being an Iraqi journalist in Iraq," said Chandrasekaran, who was bureau chief there for 18 months and has covered past conflicts in Afghanistan, Indonesia, and the Philippines. "By spring of 2004 it was too dangerous for Western reporters out in the street."

So journalists came to depend even more on the Iraqis, who were about the only ones able to do on-the-ground reporting after anti-American sentiments and violence took hold.

"You cannot stand in a Baghdad street and do a piece for camera," Robert Mahoney, deputy director of the Committee to Protect Journalists, told us. "An Iraqi journalist can blend in with the local population. They’re the only ones that can literally move around…. I think the only good news is we’re getting any news at all."

Iraqis are the only bridge for any respectable news organization attempting to gain access to what’s going on, but alliances with Americans paint clear targets on their backs. "One of the things that distinguishes this war from others is that most journalists are not being caught in cross fire. They are being murdered," Mahoney said. Murders account for about two-thirds of the Iraqi journalist deaths, and without those reporters, he said, the American public "doesn’t have all the information it should have at their fingertips to make informed decisions."

One wonders if the military and the administration do either. Camille Evans, an Army intelligence sergeant, said during a March 20, 2007, panel of Iraq war veterans at the Commonwealth Club, "For most of our intelligence, we did use CNN."

Though affiliations with Americans put all Iraqi journalists in peril, other risks lie along the sectarian divides. If they work for an independent Iraqi newspaper attempting unbiased journalism, they’re just as bad as Americans. If they spin for one side, they’re targeted by the other. In short, the only agreement between Sunni insurgents and Shiite militias could be their shared attitude toward journalists: work for us or you’re dead.

There were many times Fekeiki believed he would die — when he was covering the November 2004 assault in Fallujah as mortars hummed over his tent, or when he was kidnapped by Mahdi Army fighters who told him, "You will disappear behind the sun," before he managed to escape into a passing ambulance. And then there were the straight-up death threats.

"I was threatened three times," he told us. "The first time, my bureau chief was Karl Vick, and he said, ‘We’ll fly you out to any place you want. We’ll take care of you,’ and I said no. He said, ‘We have to do something. We can’t risk your life.’ I said, ‘OK, I’ll go embed with the Marines in Fallujah, to cover the assault.’ "

Fekeiki saw this as a way to disappear from his neighborhood for a little while but still be involved at the Post and give the paper something he thought it needed — an Iraqi to cover the Iraqi side of the story. "They didn’t have one. The Iraqis in our office didn’t want to do it."

Fekeiki didn’t tell a soul about the second death threat, a letter on his doorstep. "I didn’t want them to fly me out of Iraq. I wanted to stay. I knew that if I told the Post, they would ask me to leave, give me another job somewhere else. I didn’t want that."

He had dreams of using this opportunity at the Post to eventually start a newspaper in Iraq and, if that went well, perhaps a career in politics. First he would need the hard currency of an American education. Reluctant to leave his family, Fekeiki bargained with himself and decided he would only apply to UC Berkeley, where some of his Post friends had attended journalism school. If he didn’t get in, he would stay in Iraq.

The final death threat came June 15, 2006. "A car chased me from the office to my house," he recalls. Flooring the gas pedal of his Opal, he managed to get away.

By then he’d received his acceptance letter to Berkeley and had a scholarship fund started by Post owner Don Graham and continued by his colleagues at the paper. All he needed was a student visa, but the risks were mounting. "I was supposed to leave early August. I thought, why would I risk two months? Let’s just leave now," he said. He hid in the Post office for four days until he could catch a flight to Amman, Jordan, where he waited two more weeks for his ticket to the States.

LOOKING BACK


Just three months after he left Iraq for Berkeley, he received a phone call from his aunt, telling him that a recent raid of an insurgent house had turned up a "to kill" list for assassins. Fekeiki’s name was near the top.

It’s incomprehensible to many that he’d want to be back in Baghdad, but to a seasoned war correspondent, it’s not entirely unbelievable. Chris Hedges spent 15 years as a foreign bureau chief for the New York Times covering conflicts around the world and is the author of the 2002 book War Is a Force That Gives Us Meaning. He describes the typical war reporter as an "adrenaline junkie," hooked on a certain kind of bravado. "They’re people who don’t have a good capacity to remember their own fear," he told the Guardian.

"The enduring attraction of war is this: Even with its destruction and carnage it can give us what we long for in life. It can give us purpose, meaning, a reason for living," Hedges wrote in the introduction to his book.

"I never felt safe, but I always felt productive," Fekeiki said. "If I wanted productive or safe, I chose productive. I never thought about being safe or not. That’s why I was the only Iraqi in the Washington Post to embed with the military and Marines, because the others feared for their lives. I did fear for my life. I just didn’t let it stop me. If I fear for my life, I shouldn’t be a journalist in Iraq."

In one sense the war was a blessing for Fekeiki. Before the war began in 2003, he says, "I didn’t have a future."

Although he had a college degree in English language and literature from Al-Turath University College, he was denied admission to grad school at Baghdad University. "He doesn’t meet the security requirements," Fekeiki quotes wryly from the code language of the blacklist, for his family doesn’t play nice with Hussein’s.

Fekeiki supported the American invasion, and once the war began he had no intention of leaving. After Hussein’s regime was eradicated, he knew that smart young people with local knowledge and solid English skills would be in high demand from American businesses, reconstruction contractors, and government workers.

"My last thought was to leave Iraq after the invasion, because here’s a country that needs to be rebuilt. We’ll have all the foreign companies working in Iraq. I’ll use the language I studied for four years, English, and I’ll have the best job in Iraq," he recalled.

And eventually, he did. Offers came in from the New York Times for double his Post salary and from Fox News for triple, but he admired the ethics of the Post, which made a point of encouraging its Iraqi writers and crediting their work, so he stuck with that paper.

Fekeiki found more than money and a ticket out of the crippled country. He found his calling. His enthusiasm for his job at the Post sounds like that of a classic American workaholic.

"I miss my office," he said, remembering his desk at the center of the newsroom. "I called it the throne. I spent at least 14 hours a day there, for two years, nonstop. Not one single day off. After two years, in theory, I had a chance to take a day off every week. I spent it in the office, not working but in the office with people."

"My only motivation now is that desk," he says. He hopes to return to it after school. "I’m going to help journalists in Iraq and the future of Iraq."

Without this thought, he says, "I don’t think I’d be able to endure what I’m going through now. It’s just dull. The boredom is hard. In Baghdad I had fun not knowing what was going to happen every day. Here, I wake up, go to school, reply to e-mails on my blog, go to dinner, go to sleep. That’s not a life. That’s retirement."

He feels guilty that his life is now so easy when his family and friends are still threatened back home.

"Being safe terrifies me. I can’t get used to it."

WAR JUNKIE


For Fekeiki, staying abreast of the violence is like keeping in touch with reality, though here in the States he has to turn to fiction to find his fix.

The Situation, a film about an American journalist covering the war in Iraq, recently screened at the Lumiere Theatre in San Francisco. One of the first dramas about the war, it opens with a scene of two young Iraqis being thrown off a bridge in Samarra by US troops. One of them drowns, causing a stir in the province.

"That actually happened," Fekeiki says. Throughout the film, his eyes rarely left the screen, except for fleeting moments to scribble a few notes on a pad and near the end to wipe away a couple tears. Though the characters are fictional, the plot is very real, centering on misguided US intelligence, the schism between Iraqis and Americans, and the overall futility of war.

"Wow," he said, getting up from his seat as the last credit rolled and the screen went completely black. "I could identify with every aspect of that movie."

The violence doesn’t bother him as much as it reminds him of where he’s come from, where his family is, and what his friends are doing. "I want to still feel connected," he says.

In Berkeley he doesn’t. The first semester of basic reporting, de rigueur for all journalism students, was difficult for Fekeiki. He found the Bay Area beat more terrifying than Baghdad. "Some people think reporting in a war zone is difficult, but I did it, and I know how to do it," he says.

"In Iraq everything you think about is a story. Here you have to squeeze your mind to find a story that interests the readers. That’s really challenging. I don’t know the place. It’s not my culture. I don’t know the background. I need a fixer," he says, laughing.

He was as lost working on a story about Merrill Lynch as an American reporter might have been covering the Al-Askari Mosque in Samarra. "At 7 a.m. I get an assignment to go write about Merrill Lynch in San Francisco. What’s Merrill Lynch?"

Lydia Chavez, Fekeiki’s professor for basic reporting, said she usually pushes her students to cover stories they wouldn’t normally choose. But she told us, "Someone like Omar, I was trying to find something that would be comfortable because everything is so foreign."

His turning point came when he covered a psychic fair in Berkeley. "He came back with something I never would have expected," she said.

"They didn’t want me to write anything," Fekeiki said of the psychics he encountered at the fair. "They wouldn’t let me interview the people there who came to heal their aura. So I was, like, ‘OK, can I heal my aura and take notes?’ They said, ‘Yes, why not?’ So I did it, and it turned into a personal piece."

The amazing part of the story is what the healer saw about him even though he hadn’t told her his name, let alone that he was from Baghdad. "The woman just shocked me with her information about me. She started to talk about how my family is in danger and how I am terrified about being in a place I don’t think I belong to and have to compete with other people. It was amazing," he says, still somewhat aghast.

"She couldn’t heal my aura, though. She said I have conflicting thoughts: ‘You’re very protective of your thoughts, and you’re confused, and it’s messed up.’ Which is true."

IRAQ’S FUTURE


Fekeiki has the cockiness of youth and the undaunted faith of a survivor but also a certain attitude toward life he doesn’t always see in his fellow Iraqis. "I tell people I will live to be 94. And I will," he says, believing that all it takes to succeed is to say that you will.

He states his ambitions solidly: to be the charming dictator of his own newspaper, to rise through the ranks of parliamentary politics, to one day rule the country as a prime minister. To stay in this country, to be "nothing" in Berkeley, is just not satisfying enough.

"I’m Iraqi," he says. "I just want to feel that I’m spending my time doing something to benefit my country. If everyone leaves Iraq, we’ll not have an Iraq on the map in the future. I don’t want that to happen."

The newspaper he hopes to own and manage will be fiercely independent and printed daily in Arabic, Kurdish, and English. It will be called Al Arrasid (The Observer), after the publication his family used to run, which folded in 1991 for lack of subscribers. Beyond bringing the truth to the people of Baghdad and penning editorials from his secular point of view, he’s looking forward to being in power once again.

"I can’t wait to have my own newspaper," he said. "I can’t wait to sit behind my desk and tell people what to do."

Yet he has a strong sense of morality. Fekeiki said his personal mantra is a proverb his father often told him: "Harami latseer min el sultan latkhaf…. Don’t be a thief. You will fear no judge."

He says these words have always made his life easy and kept his choices simple. Chavez says she saw the same spirit in him when he passed the bulk of the credit to his cowriter, David Gelles, for a story about jihad videos on YouTube that they contributed to the front page of the New York Times, a near-impossible feat for a first-year journalism student.

"It’s so rare to see someone that generous, that honest," said Chavez, who actively worries about him returning to Iraq.

Berkeley’s curriculum demands a summer internship in the field, and Fekeiki pressed the Post to put him back at the Baghdad bureau this June. He planned to report without telling his family he’d returned to the country, so they would be safe. However, the hands of American bureaucracy are holding him here. His one-entry visa status means if he leaves the United States, he can’t come back without restarting the application process. On top of that, the United States is only accepting the newest Iraqi passports, the G series. They’re so new that most Iraqi embassies aren’t even making them, and Fekeiki doesn’t have one.

"It’s frustrating," he says. Besides being unable to report from home this summer, if something were to happen to his family, he wouldn’t be able to respond beyond a phone call or an e-mail. "My father is 77 years old. I don’t know when he’s going to farewell us. And if it happens, I can’t go and be with my family. It’s not fair," he says. Instead, he’ll be spending the summer break in Washington, DC, reporting for the Post‘s metro desk.

"I’m very glad for the visa problems," Chavez said. "It really scares me. I couldn’t convince him to stay at all."

What would keep him in the States? "If going back to Iraq is not going to help me get my newspaper started, I’m not going to do it," he says. What might not make his paper succeed? "People wouldn’t buy it. They just bomb the place where it’s published. The government turns against me." He knows he could speak his mind outside Iraq, but the whole point is to do it in Iraq, and he feels very strongly that solutions will only come from within, that his country needs people like him.

"The toughest moments I have to deal with," he says, pausing, "are when I think maybe I’m not going back." *

California Sunshine

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by Amanda Witherell

ca sunshine.jpg
thanks for the photo, from “brighter than sunshine” on flickr

How awesome would it be if every time the Mayor’s office violated the Sunshine Ordinance, which it’s doing now, they got slapped with a fine or jail time like they do down in Florida. That’s right: if San Francisco amended the ordinance and granted its governing task force the right to levy fines and penalties, Gavin would have to shift some of the coin from his personal bank account into the City’s general fund for every day he continues to ignore citizen requests for information from his office. At the rate he’s going, maybe we’d have enough to fund that free MUNI he’s proposed!

What’s the matter with the De Young?

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All around the world, popular museums are situated in public parks with wonderful results for both the museums and the parks.

But here in San Francisco, the venerable de Young Museum is waging an intense and irrational battle to prevent more San Francisco families and visitors from enjoying Golden Gate Park — even at the expense of its own reputation and financial well-being. Our organizations are baffled.

The museum’s leadership is doggedly fighting a community proposal called Healthy Saturdays, which would extend the popular Sunday recreational space in the park to Saturdays on a six-month trial basis.

Why would the de Young fight this when its own figures show that museum attendance increases on car-free Sundays in the park?

Why, when a recent city study (available at www.goldengatepark.org) shows that car-free space does not significantly affect parking availability or traffic in the neighborhoods and doubles park usage, boosts local business, and helps drive traffic to (and pay off the debt for) the de Young’s unfilled 800-car garage?

Why, last spring, did the de Young spend thousands to send misleading letters to its members, falsely claiming that Healthy Saturdays would "severely compromise" access to the museum? Dozens of disgruntled de Young members pointed out the letter did not mention that the garage is accessible from outside the park and that visitors have front-door, drop-off access every day.

All of the high jinks and mistruths are especially baffling given the de Young’s past endorsement of the concept. In 2000 the museum supported and funded Proposition G, which called for car-free Saturdays just after the garage was opened. According to their ballot argument, de Young leaders believed the Saturday proposal "ensures access to the de Young Museum for all San Franciscans including families with children, seniors and the disabled; [and] ensures the maximum enjoyment and minimum inconvenience to park users."

At times the de Young has claimed that it is fighting out of concern for disabled access, but the tactics of the museum folks suggest otherwise. Why did they not actively support Supervisor Jake McGoldrick’s legislation, which passed unanimously last year, to add more accessible parking, drop-off zones, and a free accessible tram in the park on Sundays?

And why are museum leaders suggesting that the car-free space be moved out to the west end of the park, far from transit, the parking garage, and local businesses?

Finally, if the de Young were working in good faith to improve its own attendance and revenue (and we all want a successful de Young Museum), why would this partially public-funded museum deny city officials’ requests to make its attendance figures public, relenting only after a Guardian reporter filed a Sunshine Ordinance request? The figures, when they were begrudgingly shared last year, showed a boost in de Young attendance on car-free days — which of course brings us back to our original question:

Why is the de Young fighting so intensely against its own interests and those of Golden Gate Park visitors? *

Amandeep Jawa, Rick Galbreath, and Leah Shahum

Amandeep Jawa, Rick Galbreath, and Leah Shahum represent, respectively, the League of Conservation Voters, the San Francisco Bay Chapter of the Sierra Club, and the SF Bicycle Coalition.

The sunshine posse

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› amanda@sfbg.com

On Saturday mornings, with roughshod regularity, a handful of San Franciscans gather at the Sacred Grounds Cafe on Hayes Street to swap strategies and catch up on their political triumphs and setbacks. They don’t look like a powerful bunch, and they aren’t household names, but they’re changing the way the city handles public records, meetings, and information.

All of these folks started with one simple request for what ought to have been public information. All of them ran into a stone wall. They eventually found one another at hearings in front of the Sunshine Ordinance Task Force, where they took their cases and debated the minutiae of the law that grants them access to what they’re looking for.

For Wayne Lanier, it started with a $600 tax for neighborhood beautification. James Chaffee and Peter Warfield were seeking reform at the San Francisco Public Library. Kimo Crossman wanted more transparency in the city’s wi-fi deal with Google-EarthLink. Michael Petrelis was trying to find a keyhole into local nonprofit AIDS agencies. Allen Grossman thought the city’s attorneys should shelve their redactive black ink. And Christian Holmer — he just considers sunshine a part of his job.

They’ve been working together loosely during the past year or so — and in most cases, they’ve won. Their ongoing battles also show how the city’s laws and practices badly need reform.

Collectively, the sunshine crew considers the issue of metadata its biggest victory of the year (see "The Devil in the Metadata," 11/15/06), because it forced city officials to abandon their fear of the unseen electronic data that is generated whenever they hit send or open a new word-processing document.

Paul Zarefsky, a deputy city attorney with the City Attorney’s Office, argued that electronic documents could be rife with redactable goods and hackers could use this data to crack into the city’s server. According to him, this was ample reason to only release public information as a paper document or a PDF. The sunshine activists said this was an environmental waste and a very un–user friendly format in this age of electronic searches. The task force and Rules Committee of the Board of Supervisors agreed, found the city attorney’s arguments specious, and demanded agencies follow the letter of the law and release documents in an electronic format.

Some departments still aren’t doing that, which is a problem these citizens have discovered: the Sunshine Ordinance, though very good, could be much better and is overripe for reform.

The ordinance, adopted by voters in 1993, grants San Franciscans far more traction and power than the federal and state open-records laws by setting deadlines and offering the forum of the task force for addressing complaints when documents are not forthcoming.

When a citizen makes a request for a public document, it’s often because somebody sees something from the kitchen window while washing dishes and says, "Huh, I wonder what’s going on."

For Wayne Lanier, that moment came when he received a bill from the city for $600 after he improved the sidewalk and installed some planters in front of his house on Fell Street. Lanier had gone through the proper planning and permit process and was confident everything he’d done was within the law. So why was he being fined?

With a little research, Lanier discovered that an ordinance, recently passed by the supervisors at the urging of the mayor, inadvertently took into account sidewalk fixtures such as planters when taxing property owners and merchants for putting up signs and cluttering rights-of-way. Lanier began to research how the law came to pass.

"I was told there were various meetings with the mayor," Lanier said. "I didn’t know when they were. So I started using the Sunshine Ordinance as a means to getting the mayor’s calendar. First I wrote a rather chatty letter asking for it, and there was no response. So I wrote a more formal request and also said maybe you ought to make your calendar public. The governor of Florida’s done it. It’s quite easy to do."

But it wasn’t easy for room 200. Lanier filed his original request March 3, 2006. A year later he has not received what he asked for. He’s been told by the Mayor’s Office of Communications that the calendar can’t be released because it tells exactly where Gavin Newsom is supposed to be and who is going to be protecting him. Lanier has urged the office to make the document public at the end of each week, once security concerns have passed. That hasn’t happened.

In addition to losing portions of the mayor’s calendar during a staff turnover and heavily redacting the few calendar items it has made available, the Mayor’s Office has not set or followed a policy regarding public access to this public document. But Lanier’s original request has not been dropped. Christian Holmer picked it up.

Holmer is sunshining for sunshine. A manual laborer by day, Holmer’s been a longtime resident of the Haight-Ashbury neighborhood and became volunteer coordinator of the San Francisco Survival Manual, a manifestation of the 40-year-old Haight Asbury Switchboard, once a clearinghouse of services and information for city residents. The modern-day equivalent is part of a public information pilot project approved in 2004 with the support of 10 members of the Board of Supervisors that encourages the sharing of all city documents in an open forum. Holmer makes regular and massive requests for all manner of information from a variety of agencies, urging them to employ the technological ease of e-mail to send him documents as soon they’re created by the city — in effect, CCing him on everything.

Holmer says the point is not only to compile a library of city documents but to establish best practices for the agencies that are supposed to provide information when the public requests it. By encouraging this free flow of information that takes, according to him, only a few keystrokes and mere seconds to disseminate electronically, Holmer hopes a culture of openness is being cultivated.

"You push a department to a certain level of compliance, and it raises all the boats," Holmer said.

James Chaffee began seeking public information about the San Francisco Public Library in 1974, long before the Sunshine Ordinance was born. The tall, professorial man has a habit of employing erudite references from literature, philosophy, and film in his regular newsletters decrying the secret actions of the Library Commission. His writings have received attention and acclaim in the national world of library news.

"The original library commissioners would be shocked if they could see the openness that exists now," Chaffee says.

He’s pushed for more weekend library hours and successfully brought enough attention to block the public library’s plans to purchase costly and suspicious radio-frequency identification tags and grant the task of collecting overdue fees to a debt agency.

Peter Warfield, executive director of the Library Users Association, and Lee Tien of the Electronic Frontier Foundation, picked up the radio-frequency issue and ran with it, making public records requests that might substantiate the library’s argument that thousands of dollars in workers’ compensation claims for repetitive stress injuries would be remedied by an investment in the expensive new technology.

The library wouldn’t turn over any documents, so Tien and Warfield went across the bay to Berkeley, which doesn’t have a Sunshine Ordinance (though the city is currently working on one). The Berkeley Public Library gave enough information to fully debunk the claims. Of more than $1 million spent on five years of workers’ comp, just 1 percent was for repetitive stress injuries. The Chaffee-Warfield-Tien efforts halted a nationwide move toward employing this potentially privacy-invading technology.

Then there’s Kimo Crossman.

Crossman is regularly criticized for his public records requests, which some city agencies feel are voluminous and burdensome. "I’ve had to stop the office a couple times. There are 300 people in this office," said Matt Dorsey, spokesperson for the City Attorney’s Office, which receives almost daily requests or reminders of requests from Crossman, the length and breadth of which bring some city departments to their knees.

Technology is Crossman’s interest, and he made his first public records request of the Department of Telecommunications and Information Services in September 2005, for contracts and related documents between the city and Google-EarthLink.

"As an interested citizen, I wanted to participate in the wi-fi initiative," Crossman told us. He received his request — with 90 percent of the information redacted. The DTIS claimed attorney-client privilege and the need to protect proprietary information to keep Crossman from seeing more than a fraction of the data.

Even though a specific section in the Sunshine Ordinance allows for the release of a contract when there are not multiple bidders and today the deal is strictly between the city and Google-EarthLink, the DTIS still refuses to hand over the documents Crossman wants. DTIS spokesperson Ron Vinson continues to cite the advice of the City Attorney’s Office.

The city attorney’s relationship with sunshine is a problem, according to Allen Grossman, a retired business lawyer. Grossman’s requests for information have transcended their original intent — some Department of Public Works permits for tree removal near his home on Lake Street. They have become an inquiry into why so many departments regularly employ the City Attorney’s Office to represent them when it’s a direct violation of section 67.21(i) of the Sunshine Ordinance. That section states the city attorney "shall not act as legal counsel for any city employee or any person having custody of any public record for purposes of denying access to the public." The public lawyers are permitted only to write legal opinions regarding the withholding of information, which must be made public.

"The whole purpose of that section was to level the playing field and get the lawyers out of it," said Grossman, who says the office ghostwrites letters denying access, putting citizens who may not have legal counsel to advise them at an unfair advantage. It’s not in keeping with the spirit of the law.

Dorsey defends City Attorney Dennis Herrera, pointing out that deputy city attorneys no longer represent departments at the task force when there’s a complaint. They’re still writing those letters, though.

"When we give advice on sunshine, it’s a matter of public record. We will prepare a written cover-your-ass statement," Dorsey said. "To some we would appear as the bad guy, but I yield to no one on our commitment on sunshine in this city."

Bruce Wolfe, a task force member who’s seen scores of departments employ the ghostwriting tactic, said, "There is one area that concerns me greatly — the use of attorney shield. The question is what is the city attorney’s role? The advice is important because that’s something every other department can use, but it shouldn’t just be some way to squiggle out of providing records."

Dorsey related a recent case in which KGO wanted access to Muni documents that identified the names of operators. "We provided the documents, but we redacted the names. If we lose to KGO in front of the task force, we have to turn over docs. If we lose to a court that finds we violated privacy, we’re on the hook for potential substantive damages. These results can get very expensive for taxpayers. There’s an act of balance that has to occur."

Many task force members, activists, and citizens agree that the ordinance and task force are wonderful tools but still lack the necessary bite. The task force has no power to review documents and determine if a department’s secrecy claims are true. And when a department is found in violation, there are no specific fines or penalties that the task force can levy.

But some are still happy the body even exists. "We have a great Sunshine Ordinance Task Force," said Michael Petrelis, who has been trying to find information about local AIDS nonprofits and advisory boards that are usually exempt from public records law — unless they receive city funding. Petrelis found that avenue into these organizations, and when they don’t comply with records requests it’s still a boon for him, because filing a complaint requires them to come and be accountable in front of the task force, an open hearing that Petrelis can also attend. "I have learned so much at those meetings, just observing," Petrelis said. "The task force process is so valuable in all its beautiful permutations." *

Blood money

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› a&eletters@sfbg.com

Most Americans are fairly sure they are being screwed where it hurts most: in the wallet. But if they think they know why, it’s usually a red herring, while the actual primary causes of shrinking financial stability remain obscured by propaganda, media inattention, and institutional stonewalling. By timely coincidence, three worthwhile documentaries opening this week shine some light on the matter. One profiles a longtime champion of consumer protection, while the others examine two realms in which lack of regulation is letting our dollars dance off a cliff of corporate profiteering and dubious ethics.

An Unreasonable Man is Henriette Mantel and Stephen Skrovan’s admiring yet critical portrait of Ralph Nader. The previous century’s most famous consumer advocate racked up a roster of triumphs that protected citizens against corporations — that is, until Ronald Reagan commenced ongoing deregulation trends. Famously starting with auto design safety in the early ’60s, then encompassing pollution, food and drug guidelines, nuclear power, the insurance industry, and workplace risk-protection, Nader did enough public good during his career — with worldwide legislative ripple effects — to merit secular sainthood. Then he decided to run for president, in 2000, as a Green. He won just enough votes for many Democrats to blame him for the catastrophic ascent of George W. Bush. Needless to say, the latter is no friend of Nader’s consumerist lobbying, which suffered a defection of support from nearly all quarters.

Lengthy but engrossing, An Unreasonable Man wants to reclaim Nader’s legacy, even as it admits that his black-or-white morality can be both admirable and mulishly exasperating. After all, in the end he didn’t rob Al Gore of the Oval Office: with familial help from the Sunshine State, Bush stole it.

If the current climate had allowed Nader’s Raiders as much clout as they had under the Jimmy Carter administration, could Americans possibly have been led into the shithole examined by Maxed Out? James Scurlock’s survey of the out-of-control credit and debt industry begins by informing viewers that this year "more Americans will go bankrupt than will divorce, graduate college, or get cancer."

Of course, thanks to our current president, they won’t be able to declare bankruptcy anymore — the lazy sods! Instead they can enjoy a lifetime of astronomical interest rates, threats, and continued solicitations to sign up for yet more loans and plastic.

Maxed Out includes personal stories of housewives driven to suicide, longtime homeowners tricked into foreclosure, and even underpaid soldiers targeted for exploitation by creditors after Iraq tours. The movie’s institutional focus spotlights the deliberate holding of customer checks until late fees can be charged (an executive from one company guilty of such tactics was Bush’s pick for financial-industries czar), spinelessness on the part of government investigative committees, and flat-out collusion by many politicos. Meanwhile, the national debt goes up and up, in good part owing to Iraq, making it unlikely that Social Security or basic social services will be around in the future.

Speaking of Iraq and bottomless money pits, for the first time in any major conflict, a great share of US military expenditure now goes to private security contractors. In less linguistically evasive times we called them mercenaries, or soldiers of fortune. Who are these people, and who are they accountable to? Nick Bicanic and Jason Bourque’s Shadow Company is a well-crafted grasp at answers, though that latter question is a hard one. Some of the people interviewed in the movie sound conscientious enough, and as some grisly footage attests, the risks they run are no joke. More private contractees have been killed in Iraq than all non-US military personnel put together. But the booming $1 billion-a-year industry of private military companies (PMCs) doesn’t operate under any strict guidelines.

We’ve already outsourced the running of many prisons and schools to private concerns. When war itself is a for-hire endeavor — and a hot job market, since PMC employees’ salaries dwarf those of actual soldiers — is there any doubt left that we’re fighting for venture capitalism, not democracy? *

AN UNREASONABLE MAN

www.anunreasonableman.com

MAXED OUT

www.maxedoutmovie.com

SHADOW COMPANY

www.shadowcompanythemovie.com

All three films open Fri/9 at Bay Area theaters

100 years of secrets

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› gwschulz@sfbg.com

They’re back.

First Amendment foes are again attempting to criminalize news reporting that exposes questionable if not illegal conduct by the White House, Pentagon, and intelligence agencies, from dispatching terrorism suspects to secret torture chambers abroad to listening in on private phone conversations.

An attempt by Sen. Kit Bond (R-Mo.) in 2005 to pass legislation similar to Britain’s Official Secrets Act failed, but Sen. Jon Kyl (R-Ariz.) quietly tried to attach an amendment to an unrelated bill scheduled for committee review last month that would have expanded the Espionage Act of 1917.

The amendment’s broad scope was narrowed March 2 before being shifted to another Senate bill amid an outcry by First Amendment advocates. The proposal’s almost laughably vague original legislative language aimed to punish anyone who published or communicated classified information "concerning efforts by the United States to identify, investigate or prevent terrorist activity."

The amendment would have extended jail time for whistleblowers to 20 years. Senate Bill 2, where the amendment now rests, was originally intended to enact the remaining recommendations of the 9/11 Commission. The new amendment would still punish employees working on Capitol Hill or other unauthorized personnel who knowingly disclose classified information contained in congressional reports.

Coalition of Journalists for Open Government coordinator Pete Weitzel told the Guardian that the earlier language seemed to include newspaper publishers as well as government employees in its scope.

Conservative members of Congress called for reporters to be punished under the Espionage Act after the New York Times, the Washington Post, and other media reported details of the George W. Bush White House’s domestic wiretapping and extraordinary rendition programs. In particular, Post reporter Dana Priest and Times reporter James Risen were condemned and accused of treason by Fox News pundits and jingoistic bloggers for harming national security, today’s ever-present excuse for government secrecy.

"Current laws are sufficient to prosecute anyone who leaks classified information and has an intent to harm the United States," Weitzel told us from Washington. "There’s no impediment to going ahead and prosecuting under existing law. So I don’t see a need for this additional legislation."

Sunshine activists worried the original amendment could plausibly include journalists covering emergency response planning, security failures, public health threats, and federal homeland security spending. In addition, its broadness is simply unconstitutional, according to the Virginia-based Sunshine in Government Initiative.

"The amendment would work to constrain critical reporting on homeland security — even information as basic as homeland security grants — as well as national security and foreign policy matters," the group, which includes the Association of Alternative Newsweeklies (of which the Guardian is a member), wrote in a public statement Feb. 27.

The Espionage Act was passed under President Woodrow Wilson and led to a 10-year prison term for one-time Socialist Party leader and presidential candidate Eugene V. Debs, who was eventually pardoned by President Warren G. Harding after serving three years. Debs had criticized World War I and conscription during a speech in Ohio.

"Do not worry over the charge of treason to your masters," he said during the speech, "but be concerned about the treason that involves yourselves. Be true to yourself, and you cannot be a traitor to any good cause on earth." *

James Madison Freedom of Information Award Winners

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The Society of Professional Journalists’ Northern California Chapter has been handing awards for 22 years to journalists, educators, public officials, and citizens who best exemplify the importance of open and accountable government and a free and diligent press. And every year the Guardian recognizes the winners and helps highlight the important issues that they raise for the Bay Area and beyond. Here are this year’s winners:

Norwin S. Yoffie Career Achievement Award

ROWLAND "REB" REBELE


Three few years ago the Oakland Unified School District announced that, due to budget constraints, it was shutting down all the student-run newspapers in the district. Rowland "Reb" Rebele lives in Aptos, but he read about the shutdown in a San Francisco Chronicle column.

He picked up the phone, made some calls, and found out the situation was desperate and how much money was needed. He then wrote a check sufficient to resurrect the student newspapers for a year. Then he kept on writing checks to keep the papers going last year and again this year. This was typical of Rebele. No one asked him for help. He received virtually no acknowledgment for his gift. But his timely action turned the lights back on for fledgling newspapers that were out of money and, it seemed, out of luck.

Rebele is a First Amendment mensch (a description that James Madison, had he any familiarity with Yiddish, would have approved of). In his half century of publishing community newspapers that he owned and operated in Coalinga, Chula Vista, and Paradise in California and across the country, he was energetic, inspiring, and devoted to his readers and his communities, and a demon in pushing for open government and accountability. He pursued the same policies as a stalwart for half a century in the California Newspaper Publishers Association and as an activist president who brought key reforms and exceptional leaders to the organization.

Rebele has been a director of the California First Amendment Coalition for a decade. He quickly became the one truly indispensable member of the organization, pushing it, pulling it, holding it together, and cajoling it to broaden its activities because he felt the organization and its mission were vital.

He has also launched an innovative internship program at Stanford University. Rather than just give money to the school, he and his wife, Pat, created a program that has enabled dozens of students to get hands-on experience writing for real newspapers in California. Quietly and selflessly, Rebele has spent his newspaper career fighting the good fight for First Amendment and public interest principles. (Bruce B. Brugmann)

Beverly Kees Educator Award

ROBERT OVETZ


Art Institute of San Francisco instructor Robert Ovetz was fired after he criticized the administration for confiscating a magazine his students produced for his class last December.

Ovetz, who had taught at the institute for three years, told his students to create a "culturally critical" magazine as their final project for a cultural studies class he taught last fall. They produced a 36-page zine called Mute/Off.

Less than 24 hours after he and students distributed 500 copies of the magazine, which Ovetz printed with the institute’s copy machine, most were gone. Ovetz initially attributed their disappearance to popularity, but he soon learned from students that the administration of the school, which was purchased by Goldman Sachs and General Electric last year, had removed them from its campuses and even literally pulled them out of students’ hands.

"This is an example of how a corporation is not held accountable for upholding basic constitutional rights [to] free speech. This is a private company that’s operating as an institution of higher learning," Ovetz told the Guardian. "Its only interest is its bottom line, and its bottom line is profit."

Ovetz complained to the administration about vioutf8g the students’ freedom of speech and received his pink slip Dec. 20, 2006. Dean of Academic Affairs Caren Meghreblian told Ovetz the magazine possibly violated copyright law by reproducing corporate logos without permission and had grammatical errors. She also said a story in the magazine called "Homicide," about three white kids playing a video game as black gangsters, might be racist.

After Ovetz and students complained and the media reported the story, the administration allowed students to redistribute the magazines, but it still refuses to give Ovetz his job back. (Chris Albon)

To size up the magazine yourself, visit www.brandedmonkey.com/muteOffLowRes.pdf.

Citizen

RYAN MCKEE


The object of the California Public Records Act is to ensure the people’s right to know how their state and local governments are functioning. Newspapers are often the entities that test the limits and loopholes of the law. But in January 2006 an 18-year-old college student, Ryan McKee, undertook an audit of each of the 31 California state agencies that was the first of its kind. McKee tested how these agencies, which he personally visited, responded to simple requests to view and get copies of readily available public documents. The results revealed a disturbing pattern. Several agencies performed miserably, including the Department of Justice, which counsels and represents many other state agencies on the Public Records Act, and all of the agencies violated at least one aspect of the law. Common problems included asking for identification, making illegal charges, and taking longer than allowed to release information. McKee undertook the audit while volunteering for Californians Aware, a nonprofit where his father, Richard McKee, is president. A copy of the audit, including its results and grades, was sent to each agency to help it better understand and adjust to its responsibilities. (Sarah Phelan)

Journalists

MICHELE MARCUCCI AND REBECCA VESELY, ANG NEWSPAPERS


ANG Newspapers regional reporters Rebecca Vesely and Michele Marcucci are being honored for the series "Broken Homes" and their unflinching pursuit of public records that exposed negligent care administered to people with autism and other forms developmental disabilities. The series highlighted problems ranging from a lack of proper supervision to unlicensed officials working at health care facilities. Some of these offenses were then linked to patient deaths.

The award recognizes the daunting and tedious task that befell the journalists: 15 months of scouring thousands of hard-copy papers from dozens of sources that included licensing agencies, multiple law enforcement bureaus, and coroner’s offices. The results were entered into a database and cross-checked against other sources of information.

"It’s not like we work at the New York Times, where you can lock yourself in a room for a year. This is one-stop shopping here," Marcucci told the Guardian, noting that both reporters continued their daily beats while working on the project. The series was well received and helped prompt state officials to reinstate inspections of licensed facilities that had been eliminated due to budget cuts. (Christopher Jasmin)

ANDREW MCINTOSH AND JOHN HILL, SACRAMENTO BEE


Two reporters from the Sacramento Bee, Andrew McIntosh and John Hill, get Freedom of Information props for exposing the cronyism and the corruption of the California Highway Patrol.

The two wrote a series of articles detailing how the CHP violated state and department regulations in awarding contracts for items ranging from pistols to helicopters.

"The CHP spends hundreds of millions of dollars each year on equipment and goods," McIntosh told the Guardian. "That’s taxpayer money."

McIntosh said he and Hill took a systematic look at the department’s bidding process and found it was not competitive. The investigation led to the suspension of one officer, Gregory Williams, who the reporters found had awarded $600,000 worth of contracts to his daughter’s company for license plate scanning devices, $500,000 of which was canceled after the reporters exposed the scandal.

The reporters also found the CHP, which controls signature gathering at the Department of Motor Vehicles and other state buildings, denied more than 100 applications for permission to register voters or solicit signatures. Other stories pushed Senate majority leader Gloria Romero and Assemblymember Bonnie Garcia to call for a state audit of the CHP.

McIntosh told us the investigation showed "the CHP is not above public scrutiny or the law when it comes to business dealings." (Albon)

MEERA PAL, CONTRA COSTA TIMES


A good mayoral race isn’t really fun unless a bit of scandal emerges, like it did in Pleasanton two weeks before the November 2006 election.

Meera Pal decided to research the roots of a story that was handed to her by city council member Steve Brozosky, who was challenging incumbent mayor Jennifer Hosterman. Brozosky gave Pal e-mails his campaign treasurer obtained through open-records laws that showed Hosterman may have used her city e-mail account to solicit campaign donations and endorsements, a violation of state law.

But Pal went beyond Brozosky’s story and submitted her own public records requests for the city e-mail account of the mayor, as well as a year’s worth of e-mail from Brozosky and the three other council members.

Pal’s public records request revealed that Brozosky’s inbox was completely void of any e-mail, something neither he nor the city’s IT manager could explain. Brozosky is a computer expert who runs a company that vends city Web site software, so his technical expertise made the situation even more suspicious.

Investigations revealed it was just a setting on his computer that was inadvertently scrubbing the e-mail from the city’s server. Though both violations aren’t necessarily serious crimes, the race was close enough that dirt on either side could have had a profound impact on the outcome, and the results show 68,000 voters who were truly torn during the last two weeks before election day while Pal was reporting these stories. Hosterman eventually won by just 188 votes. (Amanda Witherell)

SUSAN SWARD, BILL WALLACE, ELIZABETH FERNANDEZ, AND SETH ROSENFELD, SAN FRANCISCO CHRONICLE


In the wake of 2003’s so-called Fajitagate police scandal — in which San Francisco officer Alex Fagan Jr. and others were accused of assaulting and then covering up their alleged vicious beating of innocent citizens — the San Francisco Chronicle uncovered records showing that Fagan’s short history on the force was marked by regular incidents of abusive behavior, the kind of records that should have served as a warning for the problems to come.

"We decided to take a look to see how common it was. And we spent a lot of time doing that," Steve Cook, the Chronicle editor of what became last year’s five-part "Use of Force" series, told the Guardian. The team used the Sunshine Ordinance to gather boxloads of records on use-of-force incidents, which it organized into a database that was then supplemented and cross-referenced with a wide variety of other public records, along with old-fashioned shoe leather reporting, all the while fighting through bureaucratic denials and delays.

Despite an embarrassing mislabeled photo on the first day of the series that served as fodder for attacks by the Police Department and Mayor’s Office, the series made clear that rogue cops were abusing their authority, totally unchecked by their supervisors. "We were proud of what we were able to show," Cook said. "We showed a department in need of some basic reforms."

The series helped spur the early intervention system that was recently approved by the Police Commission. It’s a good first step, but one criticized by the Chron and the Guardian for failing to include some key indicators used in other cities (see our editorial "Fix Early Warning for Cops," 2/28/07), something that Cook said requires ongoing vigilance by the press, to bring about needed reforms: "Only the news media is really going to accomplish this, if they stay with the story." (Steven T. Jones)

Legal counsel

DAVID GREENE


The First Amendment was never about money. Free speech is supposed to be free. But these days threats to the First Amendment are growing, more and more people who lack the resources of a major media outlet are in need of help — and there aren’t many places dedicated to offering that assistance, free.

That’s where David Greene and the First Amendment Project come in.

Since 1999, as a staff attorney and executive director, Greene has helped dozens of freelance journalists, students, nonprofit organizations, and independent media outlets protect and expand their free speech and open government rights.

The operation he runs is totally independent. That’s a key point in an era of massive media consolidation: when the Guardian sought earlier this year to find legal representation to force open the key records in a lawsuit over Dean Singleton’s local newspaper merger, we found that just about every local media law firm represented at least one of the parties to the case and thus was conflicted. The FAP was not.

Greene and the FAP have represented blogger Josh Wolf and freelancer Sarah Olson in landmark subpoena cases. Greene, with the American Civil Liberties Union of Northern California, wrote the amicus brief on behalf of noted literary artists in the California Supreme Court case In re George T., in which the court, relying heavily on the FAP brief, overturned the conviction of a juvenile who made threats to other students with a poem. And the struggle just goes on. The FAP is funded largely by private donations and always needs additional support.

"Unfortunately," Greene told us, "we have to turn away a lot more cases than we can take." (Tim Redmond)

News media

SAN JOSE MERCURY NEWS


After years of last-minute backroom deals at San Jose’s City Hall, things came to a head when the City Council rubber-stamped proposals to give a $4 million subsidy to the San Jose Grand Prix, $80 million for a stadium to keep the Earthquake soccer team from leaving town, and $45 million for new City Hall furniture.

Clearly, something had to give. But it was left to San Jose Mercury News editorial writers to push for transparent and accessible government and better enforcement of the state’s open government laws.

First they shamed the city, pointing out that "San Francisco, Oakland, even Milpitas have better public-access laws." Next they hammered then-mayor Ron Gonzales for saying that calls for more open government were "a bunch of nonsense." Then they printed guiding principles for a proposed sunshine ordinance that they’d developed in conjunction with the League of Women Voters and Mercury News attorney James Chadwick.

When city council member Chuck Reed was elected mayor on a platform of open government reforms, the paper still didn’t give up. Instead, it’s continuing to champion the need to bring more sunshine to San Jose and working with a community task force on breaking new ground, such as taping closed sessions so they can one day be made available when there’s no further need for secrecy.

Somehow the Merc also managed to pull off another amazing feat: the paper built public understanding of and support for sunshine along the way. (Phelan)

SAN MATEO COUNTY TIMES


When outbreaks of the highly contagious norovirus sprang up in a number of California counties, San Mateo County was among those hit. Public health officials, however, would not release the names of the facilities where numerous individuals became infected, citing concerns about privacy and not wanting to discourage facility managers from contacting health officials.

Nonetheless, the San Mateo County Times ran a series of reports on the outbreaks in the named and unnamed facilities. After publishing reports on unnamed facilities, the news staff began to receive phone calls from residents who wanted to know the names of the facilities. Times reporter Rebekah Gordon told us it became clear that the public wanted to know this information, and the paper fought the county’s secrecy.

Gordon learned that facilities are required by law to report outbreaks, regardless of the potential for media exposure. Times attorney Duffy Carolan sought out and won the disclosure of the names of four facilities.

"The county’s initial nondisclosure decision evoked public policy and public safety concerns at a very broad level, and nondisclosure would have had a very profound effect on the public’s ability to obtain information that affects their own health and safety. By persisting in the face of secrecy, the Times was able to establish a precedent and practice that will well serve to inform their readers in the future," Carolan told us.

The paper learned the outbreak was far more widespread than the county had admitted, finding 146 cases in six facilities. Gordon said, "The numbers were so much higher than we were ever led to believe." (Julie Park)

Online free speech

JOSH WOLF


Even as he sits inside the Federal Correctional Institute in Dublin, where he’s been denied on-camera and in-person interviews, jailed freelance journalist Josh Wolf manages to get out the message. Last month Wolf, who is imprisoned for refusing to give up video outtakes of a July 2005 anarchist protest in the Mission that turned violent, earned a place in the Guinness World Records for being the journalist to have served the longest jail term in US history for resisting a subpoena.

His thoughts on the agenda behind his incarceration were read at press conferences that day, reminding everyone of the importance of a free press. Meanwhile, Wolf has managed to continue operating his blog, www.joshwolf.net, by sending letters to family, friends, and fellow journalists, including those at the Guardian.

Wolf has also managed to create two other Web sites: www.mediafreedoms.net, which supports journalists’ resistance to government pressure, and www.prisonblogs.net, which allows prisoners to air thoughts and grievances. If Wolf can do all this from behind bars, imagine what he’ll do when he finally gets out. As Wolf would say, if we could only speak to him without reserving a phone interview 48 hours in advance: "Free press? Then free Josh Wolf!" (Phelan)

Public official

JOHN SARSFIELD


As district attorney for San Benito County, John Sarsfield upset the political applecart when he tried to prosecute the County Board of Supervisors for ignoring the Brown Act’s prohibitions on private communication and consensus building among board members on matters that involved employment decisions, personnel appeals, contracting, and land use–growth control issues.

His decision didn’t sit well in a county where battles over the future of the land have spawned Los Valientes, a secret society that has targeted slow-growth advocates and anyone who gets in its way — including believers in open government. So the board retaliated by defunding Sarsfield’s office, forcing the DA to file for a temporary restraining order against the board, the county administrative officer, and the county auditor, a countermove that kept his office operating and the investigation alive — until he lost his reelection bid to the board’s chosen candidate in January 2006.

One of Los Valientes’s targets, Mandy Rose, a Sierra Club member and slow-growth advocate, recalled how people on the outside warned Sarsfield what he was up against, "but he insisted on working within the system. It was what he believed in. Someone even said he was a Boy Scout."

For his efforts, Sarsfield’s life was turned into a living hell that cost him his dogs, his marriage, and eventually his job. But now, with this award, he gets some small recognition for fighting the good fight. And he has also been appointed special assistant inspector general within the Office of the Inspector General by Gov. Arnold Schwarzenegger. (Phelan)

Special citations

LANCE WILLIAMS AND MARK FAINARU-WADA, SAN FRANCISCO CHRONICLE


Investigative reporter Lance Williams and sportswriter Mark Fainaru-Wada joined forces in 2003 to take on what became one of the biggest — and most controversial — local news stories of the past five years.

The investigation of the Burlingame-based Bay Area Laboratory Co-operative, better known as BALCO, and the larger scandal of widespread steroid use among baseball players was, the San Francisco Chronicle editors decided, too big for one reporter.

In fact, it turned out to be big enough for a series of stories, a book, and a legal battle that almost sent the two writers to federal prison. The duo admits today it was mostly the fear of getting scooped that drove them through the story’s dramatic rise.

"I’m a baseball fan in recovery," Williams told the Guardian. "I used to think I knew the sport. I didn’t have a clue about this stuff. I’m not kidding you. I had no idea how much a part of baseball steroids had become … that whole sort of seamy underside of the drug culture and the game. I just didn’t know it was like that, and I think most fans don’t either."

Although prosecutors seemed to be focusing on BALCO executives, everyone following the story wanted to know what witnesses — in this case top sports stars — told a federal grand jury investigating the company. The outfit had allegedly distributed undetectable steroids and other designer drugs to some of the world’s greatest athletes, including Giants slugger Barry Bonds, who is on his way to making history with a new home run record.

In 2003 the Chronicle published lurid details of the grand jury’s investigation based on notes Williams and Fainaru-Wada had obtained from court transcripts leaked by an anonymous source. Bonds denied knowingly taking any steroids, but prosecutors waved in the air documents allegedly confirming his regular use of substances banned by Major League Baseball.

Furious prosecutors launched an investigation into the leak of secret grand jury transcripts. The reporters were called on to testify but refused — and so joined two other reporters last year threatened with jail time for resisting subpoenas. A lawyer stepped forward last month and admitted leaking the documents, but Williams and Fainaru-Wada came dangerously close to landing in the same East Bay lockup where blogger Josh Wolf is held for refusing to cooperate with a federal grand jury.

The rash of recent attacks on reporters by federal prosecutors has First Amendment advocates up in arms. After all, no one’s going to leak crucial information if the courts can simply bulldoze the anonymity that journalists grant whistleblowers. Fainaru-Wada and Williams have since inspired a bipartisan proposal in Congress to protect journalists at the federal level (dozens of states already have variations of a shield law in place).

"People roll their eyes when you start talking about the First Amendment," Fainaru-Wada said. "But the First Amendment is not about the press, it’s about the public."

In addition to the James Madison Freedom of Information Award, Williams and Fainaru-Wada’s coverage of the BALCO stories earned them the prestigious George Polk Award. But the story took a dark, unexpected turn last month.

Defense attorney Troy Hellerman, who represented one of the BALCO executives, pleaded guilty Feb. 15 to contempt of court and obstruction of justice charges and could serve up to two years in prison for admitting he twice allowed Fainaru-Wada to take notes from the grand jury’s sealed transcripts.

Just as he was spilling details in 2004, Hellerman demanded that a judge dismiss charges against his client, complaining that the leaks prevented a fair trial. He even blamed the leaks on prosecutors. A deputy attorney general called the moves "an especially cynical abuse of our system of justice."

Media critics lashed out at Williams and Fainaru-Wada for exploiting the leaks before and after Hellerman moved for a dismissal. Among those attacking the Chron reporters were Slate editor Jack Shafer and Tim Rutten at the LA Times, who described the conduct as "sleazy and contemptible."

Williams and Fainaru-Wada today still won’t discuss specifics about their sources, but Williams said without the leaks, names of the athletes involved would have otherwise been kept secret by the government even though the grand jury’s original BALCO investigation was complete.

"The witnesses didn’t have any expectation of privacy or secrecy of any kind," he said. "They were going to be trial witnesses. It was in that context that our reporting got under way. I am sensitive to the need of an investigative grand jury to remain secret. And I’m respectful in general of the government’s secrecy concerns. But it’s not the reporter’s job to enforce that stuff." (G.W. Schulz)

SARAH OLSON


When Oakland freelance writer and radio journalist Sarah Olson stood up to the Army by resisting a subpoena to testify in the case of Iraq war resister First Lt. Ehren Watada, she faced felony charges as well as jail time. But Olson understood that testifying against a source would turn her into an investigative tool of the federal government and chill dissent nationwide. "When the government uses a journalist as its eyes and ears, no one is going to talk to that journalist anymore," Olson told the Guardian.

She also objected to journalists being asked to participate in the prosecution of free speech. "The problem I have with verifying the accuracy of my reporting is that in this case the Army has made speech a crime," Olson said. Watada, whom Olson interviewed, has been charged with missing a troop movement and conduct unbecoming an officer, because he publicly criticized President George W. Bush and his illegal Iraq War.

In the end, Army prosecutors dropped the subpoena once Watada agreed to stipulate that Olson’s reporting was accurate. Olson, for her part, attributes the dropping of the subpoena to the support she received from media groups, including the Society for Professional Journalists. (Phelan)

Student journalist

STAFF OF THE LOWELL


The 2006 school year got off to a rough start for Lowell High School, one of the top-ranked public high schools in the country and certainly San Francisco’s finest. The school’s award-winning student newspaper the Lowell was covering it all.

After the October issue went to press, the school’s two journalism classes, which are solely responsible for writing and editing content for the monthly paper, received a visit from the school’s interim principal, Amy Hansen. Though Hansen says there was no attempt to censor the paper and the classes agree that no prior review was requested when it appeared that the students would be covering some controversial stories, the principal questioned their motivations as journalists and asked them to consider a number of complicated scenarios designed to make them second-guess their roles as reporters. The principal told the student journalists they had a moral responsibility, not to turn out the news, but to turn in their sources and information.

In separate meetings with each journalism class, Hansen questioned them about when it was appropriate to lay aside the pen and paper in the name of the law. The students maintained that as journalists they are in the position to report what happens and not pass moral judgment. Additionally, their privileged position as information gatherers would be compromised if they revealed their sources.

The lectures from Hansen did not deter the journalism classes from their basic mission to cover school news as objectively and thoroughly as possible. Even when police were called in to question Megan Dickey, who was withholding the name of a source she’d used in a story about a tire slashing, she still refused to say what she knew. (Witherell)

Whistleblower

MARK KLEIN


Mark Klein knew there was something fishy going on when his boss at AT&T told him that a representative of the National Security Agency would be coming by to talk to one of the senior technicians. Klein was a union communications tech, one of the people who keep the phone company’s vast network going every day. The NSA visitor stopped by, and before long Klein learned that AT&T’s building on Folsom Street would have a private room that none of the union techs would be allowed to enter.

Klein kept his eyes open and learned enough from company memos to conclude that the government was using AT&T’s equipment to monitor the private communications of unsuspecting and mostly undeserving citizens. When he retired in May 2004, he took a stack of material with him — and when he read in the New York Times a year and half later that the NSA had indeed been spying on people, he decided to go public.

The 62-year-old East Bay resident had never been a whistleblower. "I didn’t even know where to begin," he told us. So he surfed the Web looking for civil liberties groups and wound up contacting the Electronic Frontier Foundation.

It was a perfect match: the EFF was about to file a landmark class-action lawsuit against AT&T charging the company with collaborating with the government to spy on ordinary citizens — and Klein’s evidence was a bombshell.

"Mark Klein is a true American hero," EFF lawyer Kurt Opsahl told us. "He has bravely come forward with information critical for proving AT&T’s involvement with the government’s invasive surveillance program."

Federal Judge Vaughn Walker has kept Klein’s written testimony under seal, but the EFF is trying to get it released to the public. The suit is moving forward. (Redmond)

SPJ-NorCal’s James Madison Awards dinner is March 13 at 5:30 p.m. at Biscuits and Blues, 401 Mason, SF. Tickets are $50 for members and $70 for the general public. For more information or to see if tickets are still available, contact Matthew Hirsch at (415) 749-5451 or mhirsch@alm.com.

James Madison Freedom of Information Award Winners

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The Society of Professional Journalists’ Northern California Chapter has been handing awards for 22 years to journalists, educators, public officials, and citizens who best exemplify the importance of open and accountable government and a free and diligent press. And every year the Guardian recognizes the winners and helps highlight the important issues that they raise for the Bay Area and beyond. Here are this year’s winners:

Norwin S. Yoffie Career Achievement Award

ROWLAND "REB" REBELE


Three few years ago the Oakland Unified School District announced that, due to budget constraints, it was shutting down all the student-run newspapers in the district. Rowland "Reb" Rebele lives in Aptos, but he read about the shutdown in a San Francisco Chronicle column.

He picked up the phone, made some calls, and found out the situation was desperate and how much money was needed. He then wrote a check sufficient to resurrect the student newspapers for a year. Then he kept on writing checks to keep the papers going last year and again this year. This was typical of Rebele. No one asked him for help. He received virtually no acknowledgment for his gift. But his timely action turned the lights back on for fledgling newspapers that were out of money and, it seemed, out of luck.

Rebele is a First Amendment mensch (a description that James Madison, had he any familiarity with Yiddish, would have approved of). In his half century of publishing community newspapers that he owned and operated in Coalinga, Chula Vista, and Paradise in California and across the country, he was energetic, inspiring, and devoted to his readers and his communities, and a demon in pushing for open government and accountability. He pursued the same policies as a stalwart for half a century in the California Newspaper Publishers Association and as an activist president who brought key reforms and exceptional leaders to the organization.

Rebele has been a director of the California First Amendment Coalition for a decade. He quickly became the one truly indispensable member of the organization, pushing it, pulling it, holding it together, and cajoling it to broaden its activities because he felt the organization and its mission were vital.

He has also launched an innovative internship program at Stanford University. Rather than just give money to the school, he and his wife, Pat, created a program that has enabled dozens of students to get hands-on experience writing for real newspapers in California. Quietly and selflessly, Rebele has spent his newspaper career fighting the good fight for First Amendment and public interest principles. (Bruce B. Brugmann)

Beverly Kees Educator Award

ROBERT OVETZ


Art Institute of San Francisco instructor Robert Ovetz was fired after he criticized the administration for confiscating a magazine his students produced for his class last December.

Ovetz, who had taught at the institute for three years, told his students to create a "culturally critical" magazine as their final project for a cultural studies class he taught last fall. They produced a 36-page zine called Mute/Off.

Less than 24 hours after he and students distributed 500 copies of the magazine, which Ovetz printed with the institute’s copy machine, most were gone. Ovetz initially attributed their disappearance to popularity, but he soon learned from students that the administration of the school, which was purchased by Goldman Sachs and General Electric last year, had removed them from its campuses and even literally pulled them out of students’ hands.

"This is an example of how a corporation is not held accountable for upholding basic constitutional rights [to] free speech. This is a private company that’s operating as an institution of higher learning," Ovetz told the Guardian. "Its only interest is its bottom line, and its bottom line is profit."

Ovetz complained to the administration about vioutf8g the students’ freedom of speech and received his pink slip Dec. 20, 2006. Dean of Academic Affairs Caren Meghreblian told Ovetz the magazine possibly violated copyright law by reproducing corporate logos without permission and had grammatical errors. She also said a story in the magazine called "Homicide," about three white kids playing a video game as black gangsters, might be racist.

After Ovetz and students complained and the media reported the story, the administration allowed students to redistribute the magazines, but it still refuses to give Ovetz his job back. (Chris Albon)

To size up the magazine yourself, visit www.brandedmonkey.com/muteOffLowRes.pdf.

Citizen

RYAN MCKEE


The object of the California Public Records Act is to ensure the people’s right to know how their state and local governments are functioning. Newspapers are often the entities that test the limits and loopholes of the law. But in January 2006 an 18-year-old college student, Ryan McKee, undertook an audit of each of the 31 California state agencies that was the first of its kind. McKee tested how these agencies, which he personally visited, responded to simple requests to view and get copies of readily available public documents. The results revealed a disturbing pattern. Several agencies performed miserably, including the Department of Justice, which counsels and represents many other state agencies on the Public Records Act, and all of the agencies violated at least one aspect of the law. Common problems included asking for identification, making illegal charges, and taking longer than allowed to release information. McKee undertook the audit while volunteering for Californians Aware, a nonprofit where his father, Richard McKee, is president. A copy of the audit, including its results and grades, was sent to each agency to help it better understand and adjust to its responsibilities. (Sarah Phelan)

Journalists

MICHELE MARCUCCI AND REBECCA VESELY, ANG NEWSPAPERS


ANG Newspapers regional reporters Rebecca Vesely and Michele Marcucci are being honored for the series "Broken Homes" and their unflinching pursuit of public records that exposed negligent care administered to people with autism and other forms developmental disabilities. The series highlighted problems ranging from a lack of proper supervision to unlicensed officials working at health care facilities. Some of these offenses were then linked to patient deaths.

The award recognizes the daunting and tedious task that befell the journalists: 15 months of scouring thousands of hard-copy papers from dozens of sources that included licensing agencies, multiple law enforcement bureaus, and coroner’s offices. The results were entered into a database and cross-checked against other sources of information.

"It’s not like we work at the New York Times, where you can lock yourself in a room for a year. This is one-stop shopping here," Marcucci told the Guardian, noting that both reporters continued their daily beats while working on the project. The series was well received and helped prompt state officials to reinstate inspections of licensed facilities that had been eliminated due to budget cuts. (Christopher Jasmin)

ANDREW MCINTOSH AND JOHN HILL, SACRAMENTO BEE


Two reporters from the Sacramento Bee, Andrew McIntosh and John Hill, get Freedom of Information props for exposing the cronyism and the corruption of the California Highway Patrol.

The two wrote a series of articles detailing how the CHP violated state and department regulations in awarding contracts for items ranging from pistols to helicopters.

"The CHP spends hundreds of millions of dollars each year on equipment and goods," McIntosh told the Guardian. "That’s taxpayer money."

McIntosh said he and Hill took a systematic look at the department’s bidding process and found it was not competitive. The investigation led to the suspension of one officer, Gregory Williams, who the reporters found had awarded $600,000 worth of contracts to his daughter’s company for license plate scanning devices, $500,000 of which was canceled after the reporters exposed the scandal.

The reporters also found the CHP, which controls signature gathering at the Department of Motor Vehicles and other state buildings, denied more than 100 applications for permission to register voters or solicit signatures. Other stories pushed Senate majority leader Gloria Romero and Assemblymember Bonnie Garcia to call for a state audit of the CHP.

McIntosh told us the investigation showed "the CHP is not above public scrutiny or the law when it comes to business dealings." (Albon)

MEERA PAL, CONTRA COSTA TIMES


A good mayoral race isn’t really fun unless a bit of scandal emerges, like it did in Pleasanton two weeks before the November 2006 election.

Meera Pal decided to research the roots of a story that was handed to her by city council member Steve Brozosky, who was challenging incumbent mayor Jennifer Hosterman. Brozosky gave Pal e-mails his campaign treasurer obtained through open-records laws that showed Hosterman may have used her city e-mail account to solicit campaign donations and endorsements, a violation of state law.

But Pal went beyond Brozosky’s story and submitted her own public records requests for the city e-mail account of the mayor, as well as a year’s worth of e-mail from Brozosky and the three other council members.

Pal’s public records request revealed that Brozosky’s inbox was completely void of any e-mail, something neither he nor the city’s IT manager could explain. Brozosky is a computer expert who runs a company that vends city Web site software, so his technical expertise made the situation even more suspicious.

Investigations revealed it was just a setting on his computer that was inadvertently scrubbing the e-mail from the city’s server. Though both violations aren’t necessarily serious crimes, the race was close enough that dirt on either side could have had a profound impact on the outcome, and the results show 68,000 voters who were truly torn during the last two weeks before election day while Pal was reporting these stories. Hosterman eventually won by just 188 votes. (Amanda Witherell)

SUSAN SWARD, BILL WALLACE, ELIZABETH FERNANDEZ, AND SETH ROSENFELD, SAN FRANCISCO CHRONICLE


In the wake of 2003’s so-called Fajitagate police scandal — in which San Francisco officer Alex Fagan Jr. and others were accused of assaulting and then covering up their alleged vicious beating of innocent citizens — the San Francisco Chronicle uncovered records showing that Fagan’s short history on the force was marked by regular incidents of abusive behavior, the kind of records that should have served as a warning for the problems to come.

"We decided to take a look to see how common it was. And we spent a lot of time doing that," Steve Cook, the Chronicle editor of what became last year’s five-part "Use of Force" series, told the Guardian. The team used the Sunshine Ordinance to gather boxloads of records on use-of-force incidents, which it organized into a database that was then supplemented and cross-referenced with a wide variety of other public records, along with old-fashioned shoe leather reporting, all the while fighting through bureaucratic denials and delays.

Despite an embarrassing mislabeled photo on the first day of the series that served as fodder for attacks by the Police Department and Mayor’s Office, the series made clear that rogue cops were abusing their authority, totally unchecked by their supervisors. "We were proud of what we were able to show," Cook said. "We showed a department in need of some basic reforms."

The series helped spur the early intervention system that was recently approved by the Police Commission. It’s a good first step, but one criticized by the Chron and the Guardian for failing to include some key indicators used in other cities (see our editorial "Fix Early Warning for Cops," 2/28/07), something that Cook said requires ongoing vigilance by the press, to bring about needed reforms: "Only the news media is really going to accomplish this, if they stay with the story." (Steven T. Jones)

Legal counsel

DAVID GREENE


The First Amendment was never about money. Free speech is supposed to be free. But these days threats to the First Amendment are growing, more and more people who lack the resources of a major media outlet are in need of help — and there aren’t many places dedicated to offering that assistance, free.

That’s where David Greene and the First Amendment Project come in.

Since 1999, as a staff attorney and executive director, Greene has helped dozens of freelance journalists, students, nonprofit organizations, and independent media outlets protect and expand their free speech and open government rights.

The operation he runs is totally independent. That’s a key point in an era of massive media consolidation: when the Guardian sought earlier this year to find legal representation to force open the key records in a lawsuit over Dean Singleton’s local newspaper merger, we found that just about every local media law firm represented at least one of the parties to the case and thus was conflicted. The FAP was not.

Greene and the FAP have represented blogger Josh Wolf and freelancer Sarah Olson in landmark subpoena cases. Greene, with the American Civil Liberties Union of Northern California, wrote the amicus brief on behalf of noted literary artists in the California Supreme Court case In re George T., in which the court, relying heavily on the FAP brief, overturned the conviction of a juvenile who made threats to other students with a poem. And the struggle just goes on. The FAP is funded largely by private donations and always needs additional support.

"Unfortunately," Greene told us, "we have to turn away a lot more cases than we can take." (Tim Redmond)

News media

SAN JOSE MERCURY NEWS


After years of last-minute backroom deals at San Jose’s City Hall, things came to a head when the City Council rubber-stamped proposals to give a $4 million subsidy to the San Jose Grand Prix, $80 million for a stadium to keep the Earthquake soccer team from leaving town, and $45 million for new City Hall furniture.

Clearly, something had to give. But it was left to San Jose Mercury News editorial writers to push for transparent and accessible government and better enforcement of the state’s open government laws.

First they shamed the city, pointing out that "San Francisco, Oakland, even Milpitas have better public-access laws." Next they hammered then-mayor Ron Gonzales for saying that calls for more open government were "a bunch of nonsense." Then they printed guiding principles for a proposed sunshine ordinance that they’d developed in conjunction with the League of Women Voters and Mercury News attorney James Chadwick.

When city council member Chuck Reed was elected mayor on a platform of open government reforms, the paper still didn’t give up. Instead, it’s continuing to champion the need to bring more sunshine to San Jose and working with a community task force on breaking new ground, such as taping closed sessions so they can one day be made available when there’s no further need for secrecy.

Somehow the Merc also managed to pull off another amazing feat: the paper built public understanding of and support for sunshine along the way. (Phelan)

SAN MATEO COUNTY TIMES


When outbreaks of the highly contagious norovirus sprang up in a number of California counties, San Mateo County was among those hit. Public health officials, however, would not release the names of the facilities where numerous individuals became infected, citing concerns about privacy and not wanting to discourage facility managers from contacting health officials.

Nonetheless, the San Mateo County Times ran a series of reports on the outbreaks in the named and unnamed facilities. After publishing reports on unnamed facilities, the news staff began to receive phone calls from residents who wanted to know the names of the facilities. Times reporter Rebekah Gordon told us it became clear that the public wanted to know this information, and the paper fought the county’s secrecy.

Gordon learned that facilities are required by law to report outbreaks, regardless of the potential for media exposure. Times attorney Duffy Carolan sought out and won the disclosure of the names of four facilities.

"The county’s initial nondisclosure decision evoked public policy and public safety concerns at a very broad level, and nondisclosure would have had a very profound effect on the public’s ability to obtain information that affects their own health and safety. By persisting in the face of secrecy, the Times was able to establish a precedent and practice that will well serve to inform their readers in the future," Carolan told us.

The paper learned the outbreak was far more widespread than the county had admitted, finding 146 cases in six facilities. Gordon said, "The numbers were so much higher than we were ever led to believe." (Julie Park)

Online free speech

JOSH WOLF


Even as he sits inside the Federal Correctional Institute in Dublin, where he’s been denied on-camera and in-person interviews, jailed freelance journalist Josh Wolf manages to get out the message. Last month Wolf, who is imprisoned for refusing to give up video outtakes of a July 2005 anarchist protest in the Mission that turned violent, earned a place in the Guinness World Records for being the journalist to have served the longest jail term in US history for resisting a subpoena.

His thoughts on the agenda behind his incarceration were read at press conferences that day, reminding everyone of the importance of a free press. Meanwhile, Wolf has managed to continue operating his blog, www.joshwolf.net, by sending letters to family, friends, and fellow journalists, including those at the Guardian.

Wolf has also managed to create two other Web sites: www.mediafreedoms.net, which supports journalists’ resistance to government pressure, and www.prisonblogs.net, which allows prisoners to air thoughts and grievances. If Wolf can do all this from behind bars, imagine what he’ll do when he finally gets out. As Wolf would say, if we could only speak to him without reserving a phone interview 48 hours in advance: "Free press? Then free Josh Wolf!" (Phelan)

Public official

JOHN SARSFIELD


As district attorney for San Benito County, John Sarsfield upset the political applecart when he tried to prosecute the County Board of Supervisors for ignoring the Brown Act’s prohibitions on private communication and consensus building among board members on matters that involved employment decisions, personnel appeals, contracting, and land use–growth control issues.

His decision didn’t sit well in a county where battles over the future of the land have spawned Los Valientes, a secret society that has targeted slow-growth advocates and anyone who gets in its way — including believers in open government. So the board retaliated by defunding Sarsfield’s office, forcing the DA to file for a temporary restraining order against the board, the county administrative officer, and the county auditor, a countermove that kept his office operating and the investigation alive — until he lost his reelection bid to the board’s chosen candidate in January 2006.

One of Los Valientes’s targets, Mandy Rose, a Sierra Club member and slow-growth advocate, recalled how people on the outside warned Sarsfield what he was up against, "but he insisted on working within the system. It was what he believed in. Someone even said he was a Boy Scout."

For his efforts, Sarsfield’s life was turned into a living hell that cost him his dogs, his marriage, and eventually his job. But now, with this award, he gets some small recognition for fighting the good fight. And he has also been appointed special assistant inspector general within the Office of the Inspector General by Gov. Arnold Schwarzenegger. (Phelan)

Special citations

LANCE WILLIAMS AND MARK FAINARU-WADA, SAN FRANCISCO CHRONICLE


Investigative reporter Lance Williams and sportswriter Mark Fainaru-Wada joined forces in 2003 to take on what became one of the biggest — and most controversial — local news stories of the past five years.

The investigation of the Burlingame-based Bay Area Laboratory Co-operative, better known as BALCO, and the larger scandal of widespread steroid use among baseball players was, the San Francisco Chronicle editors decided, too big for one reporter.

In fact, it turned out to be big enough for a series of stories, a book, and a legal battle that almost sent the two writers to federal prison. The duo admits today it was mostly the fear of getting scooped that drove them through the story’s dramatic rise.

"I’m a baseball fan in recovery," Williams told the Guardian. "I used to think I knew the sport. I didn’t have a clue about this stuff. I’m not kidding you. I had no idea how much a part of baseball steroids had become … that whole sort of seamy underside of the drug culture and the game. I just didn’t know it was like that, and I think most fans don’t either."

Although prosecutors seemed to be focusing on BALCO executives, everyone following the story wanted to know what witnesses — in this case top sports stars — told a federal grand jury investigating the company. The outfit had allegedly distributed undetectable steroids and other designer drugs to some of the world’s greatest athletes, including Giants slugger Barry Bonds, who is on his way to making history with a new home run record.

In 2003 the Chronicle published lurid details of the grand jury’s investigation based on notes Williams and Fainaru-Wada had obtained from court transcripts leaked by an anonymous source. Bonds denied knowingly taking any steroids, but prosecutors waved in the air documents allegedly confirming his regular use of substances banned by Major League Baseball.

Furious prosecutors launched an investigation into the leak of secret grand jury transcripts. The reporters were called on to testify but refused — and so joined two other reporters last year threatened with jail time for resisting subpoenas. A lawyer stepped forward last month and admitted leaking the documents, but Williams and Fainaru-Wada came dangerously close to landing in the same East Bay lockup where blogger Josh Wolf is held for refusing to cooperate with a federal grand jury.

The rash of recent attacks on reporters by federal prosecutors has First Amendment advocates up in arms. After all, no one’s going to leak crucial information if the courts can simply bulldoze the anonymity that journalists grant whistleblowers. Fainaru-Wada and Williams have since inspired a bipartisan proposal in Congress to protect journalists at the federal level (dozens of states already have variations of a shield law in place).

"People roll their eyes when you start talking about the First Amendment," Fainaru-Wada said. "But the First Amendment is not about the press, it’s about the public."

In addition to the James Madison Freedom of Information Award, Williams and Fainaru-Wada’s coverage of the BALCO stories earned them the prestigious George Polk Award. But the story took a dark, unexpected turn last month.

Defense attorney Troy Hellerman, who represented one of the BALCO executives, pleaded guilty Feb. 15 to contempt of court and obstruction of justice charges and could serve up to two years in prison for admitting he twice allowed Fainaru-Wada to take notes from the grand jury’s sealed transcripts.

Just as he was spilling details in 2004, Hellerman demanded that a judge dismiss charges against his client, complaining that the leaks prevented a fair trial. He even blamed the leaks on prosecutors. A deputy attorney general called the moves "an especially cynical abuse of our system of justice."

Media critics lashed out at Williams and Fainaru-Wada for exploiting the leaks before and after Hellerman moved for a dismissal. Among those attacking the Chron reporters were Slate editor Jack Shafer and Tim Rutten at the LA Times, who described the conduct as "sleazy and contemptible."

Williams and Fainaru-Wada today still won’t discuss specifics about their sources, but Williams said without the leaks, names of the athletes involved would have otherwise been kept secret by the government even though the grand jury’s original BALCO investigation was complete.

"The witnesses didn’t have any expectation of privacy or secrecy of any kind," he said. "They were going to be trial witnesses. It was in that context that our reporting got under way. I am sensitive to the need of an investigative grand jury to remain secret. And I’m respectful in general of the government’s secrecy concerns. But it’s not the reporter’s job to enforce that stuff." (G.W. Schulz)

SARAH OLSON


When Oakland freelance writer and radio journalist Sarah Olson stood up to the Army by resisting a subpoena to testify in the case of Iraq war resister First Lt. Ehren Watada, she faced felony charges as well as jail time. But Olson understood that testifying against a source would turn her into an investigative tool of the federal government and chill dissent nationwide. "When the government uses a journalist as its eyes and ears, no one is going to talk to that journalist anymore," Olson told the Guardian.

She also objected to journalists being asked to participate in the prosecution of free speech. "The problem I have with verifying the accuracy of my reporting is that in this case the Army has made speech a crime," Olson said. Watada, whom Olson interviewed, has been charged with missing a troop movement and conduct unbecoming an officer, because he publicly criticized President George W. Bush and his illegal Iraq War.

In the end, Army prosecutors dropped the subpoena once Watada agreed to stipulate that Olson’s reporting was accurate. Olson, for her part, attributes the dropping of the subpoena to the support she received from media groups, including the Society for Professional Journalists. (Phelan)

Student journalist

STAFF OF THE LOWELL


The 2006 school year got off to a rough start for Lowell High School, one of the top-ranked public high schools in the country and certainly San Francisco’s finest. The school’s award-winning student newspaper the Lowell was covering it all.

After the October issue went to press, the school’s two journalism classes, which are solely responsible for writing and editing content for the monthly paper, received a visit from the school’s interim principal, Amy Hansen. Though Hansen says there was no attempt to censor the paper and the classes agree that no prior review was requested when it appeared that the students would be covering some controversial stories, the principal questioned their motivations as journalists and asked them to consider a number of complicated scenarios designed to make them second-guess their roles as reporters. The principal told the student journalists they had a moral responsibility, not to turn out the news, but to turn in their sources and information.

In separate meetings with each journalism class, Hansen questioned them about when it was appropriate to lay aside the pen and paper in the name of the law. The students maintained that as journalists they are in the position to report what happens and not pass moral judgment. Additionally, their privileged position as information gatherers would be compromised if they revealed their sources.

The lectures from Hansen did not deter the journalism classes from their basic mission to cover school news as objectively and thoroughly as possible. Even when police were called in to question Megan Dickey, who was withholding the name of a source she’d used in a story about a tire slashing, she still refused to say what she knew. (Witherell)

Whistleblower

MARK KLEIN


Mark Klein knew there was something fishy going on when his boss at AT&T told him that a representative of the National Security Agency would be coming by to talk to one of the senior technicians. Klein was a union communications tech, one of the people who keep the phone company’s vast network going every day. The NSA visitor stopped by, and before long Klein learned that AT&T’s building on Folsom Street would have a private room that none of the union techs would be allowed to enter.

Klein kept his eyes open and learned enough from company memos to conclude that the government was using AT&T’s equipment to monitor the private communications of unsuspecting and mostly undeserving citizens. When he retired in May 2004, he took a stack of material with him — and when he read in the New York Times a year and half later that the NSA had indeed been spying on people, he decided to go public.

The 62-year-old East Bay resident had never been a whistleblower. "I didn’t even know where to begin," he told us. So he surfed the Web looking for civil liberties groups and wound up contacting the Electronic Frontier Foundation.

It was a perfect match: the EFF was about to file a landmark class-action lawsuit against AT&T charging the company with collaborating with the government to spy on ordinary citizens — and Klein’s evidence was a bombshell.

"Mark Klein is a true American hero," EFF lawyer Kurt Opsahl told us. "He has bravely come forward with information critical for proving AT&T’s involvement with the government’s invasive surveillance program."

Federal Judge Vaughn Walker has kept Klein’s written testimony under seal, but the EFF is trying to get it released to the public. The suit is moving forward. (Redmond)

SPJ-NorCal’s James Madison Awards dinner is March 13 at 5:30 p.m. at Biscuits and Blues, 401 Mason, SF. Tickets are $50 for members and $70 for the general public. For more information or to see if tickets are still available, contact Matthew Hirsch at (415) 749-5451 or mhirsch@alm.com.

The ethics of flacks

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› steve@sfbg.com

They go by many names: public relations professionals, spokespeople, public information officers, press secretaries, liaisons, public affairs practitioners, press agents, or — the widely used slang — flacks. They are the gatekeepers of records and access to their powerful bosses, either a conduit or barrier for those seeking information.

A spotlight was shined on the role of flacks in San Francisco last month when Peter Ragone, then the influential press secretary for Mayor Gavin Newsom, was caught posting comments under fake names on some local blogs and then lying about it to journalists.

The incident prompted Board of Supervisors president Aaron Peskin to call for Ragone’s ouster (which Newsom resisted, before last week transferring Ragone to his reelection campaign team, where he’s not dealing directly with the press or public) and to craft legislation creating standards of conduct for the city’s public information officers.

"There are bright ethical lines that cannot be crossed," Peskin told the Guardian. "Passing this is a wake-up call to people so busy playing politics that they’ve forgotten their moral responsibility."

The code calls for the city’s public information officers to be honest and accessible and to "advance the free flow of accurate and truthful information to the public and the press."

The legislation, which will soon be heard in the Rules Committee before going to the full board, notes that "it is critically important that Public Information [Officers] are viewed by citizens and the media as honest and trustworthy brokers of information" and "deception and disinformation severely damages the public trust and limits the City’s ability to serve the public."

Many activists and journalists say that’s a serious problem right now, particularly in the Mayor’s Office of Communications, which has become known for aggressively pushing deceptive political spin and repeatedly blocking the release of public documents, according to rulings by the Sunshine Ordinance Task Force. In addition to Ragone, deputy press secretary Jennifer Petrucione is widely seen by those she deals with as a less than forthright and forthcoming broker of information.

But new press secretary Nathan Ballard, whose first day was March 5, said he supports the Peskin legislation and promises to maintain high ethical standards. "My overall philosophy is I’d like an accessible press office. You should be able to get the information you need with dispatch," he told us. "The public has a right to receive information from us that is true, accurate, and fair."

He made a distinction between private-sector public relations people and public-sector information officers, noting that the latter should be held to a higher standard of conduct because they work for taxpayers, not corporations or just politicians. It was a point echoed by City Attorney’s Office spokesperson Matt Dorsey, one of the most widely respected flacks in San Francisco.

"I have a duty to taxpayers and citizens to provide information, whether it’s good for my client or not," Dorsey told us. "Even when you’re working for an elected official, it’s the taxpayers who pay you."

Dorsey accepts that it’s the nature of the job and a free democratic society that sometimes his boss will take lumps in the press, but he said, "I will never hold it against a journalist for portraying the city attorney as a bad guy when we do look like the bad guy."

Eileen Shields, spokesperson for the Department of Public Health, agreed: "I don’t think of my client as the Department of Public Health of Mitch Katz. I think of it as the people of San Francisco."

But other flacks, such as the Metropolitan Transportation Commission’s Maggie Lynch, have a more adversarial relationship with the press and have been known to chew out journalists who write unflattering stories, although she agrees that flacks should maintain high ethical standards.

"It’s my job to point out what’s good about what the agency does," Lynch told us. "I pride myself on my directness and my honesty…. I think the standards should be the same for reporters and public information officers, that you need to be honest."

As the tenor of her comments indicates, there can be a dynamic tension between flacks and journalists that sometimes gets testy. And that can be exacerbated when the flack works for an agency under strong public scrutiny, such as Muni or the Mayor’s Office.

That’s why Peskin said his code is important. "Transparency in an electoral democracy is what keeps the system honest," said Peskin, who agreed that the issues associated with the Mayor’s Office of Communications go beyond the lie Ragone told about his blogging. "There is no question the Mayor’s Office has repeatedly failed to adhere to the Sunshine Ordinance."

Without commenting on the past, Ballard pledged to cooperate in the future. "We will comply with the spirit and the letter of the Sunshine Ordinance."

In addition to Peskin’s legislation, City Attorney Dennis Herrera has announced a new program that offers expanded training for the city’s flacks, covering Sunshine Ordinance compliance, legal guidance, and ethical guidelines. "It would be up to policy makers whether they want to make it mandatory," Dorsey said.

Ironically, the Guardian attempted to interview someone from the Public Relations Society of America (whose code of conduct Peskin incorporated into his legislation) for this story, but we were unsuccessful despite days of trying. Judy Voss, the contact person listed in its code of ethics, referred me to Janet Troy, the vice president of public relations, who spent 10 minutes asking me questions about the questions I had and said she would have someone get back to me. Despite several days of my calling and e-mailing her, neither she nor anyone from the PRSA got back to me by press time.

Luckily, there are alternatives to the PRSA. The National Association of Government Communicators has an even stricter code of conduct for public-sector flacks. It includes this central tenet: "We believe that truth is inviolable and sacred; that providing public information is an essential civil service; and that the public-at-large and each citizen therein has a right to equal, full, understandable, and timely facts about their government." *

Sunshine battles on three fronts

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EDITORIAL It’s been, to put it mildly, a terrible year for open government. The climate of secrecy in Washington, DC, has only increased: from clandestine spying on antiwar protesters to secretive immigration raids to a huge growth in document classification, the nation’s capital has shifted squarely into the dark ages. As G.W. Schulz reports ("100 Years of Secrets," page 22), there’s even an attempt in Congress to create a new official secrets act, with stiff criminal penalties for people who disclose information the government doesn’t want the public to know.

In California the governor has vetoed a public-records bill backed by all 120 legislators, and the State Supreme Court issued one of the worst rulings in its history, ensuring that virtually all police disciplinary records will forever be hidden from public view.

San Francisco has its problems too. The Sunshine Ordinance still has some significant loopholes — and as Amanda Witherell reports ("The Sunshine Posse," page 20), a cadre of sunshine activists is working overtime to try to force the city to comply with its own rules and to demand that electronic documents get the same treatment as paper records.

So there’s a lot of work to do. But the good news is that there are legislative and grassroots efforts on many fronts to turn the tide back. Some of the key points:

In Washington: The Coalition of Journalists for Open Government, along with other sunshine advocates, is pushing a bill by Sen. Patrick Leahy (D-Vt.) and Rep. John Cornyn (R-Texas) that would greatly strengthen the federal Freedom of Information Act. The bill would require federal agencies to expedite FOIA requests and allow requesters to seek attorney’s fees if the government forces them to go to court. The GOP-led Congress blocked it last year, and the Bush administration has always opposed it, but with the Democrats in control, it’s likely to get through both houses this spring.

Meanwhile, Sen. John Kyl (R-Ariz.) tried last month to push a bill that would impose criminal penalties for unauthorized leaking of government information. He’s backed off somewhat, but that threat remains. It’s crucial that San Franciscans contact Sen. Dianne Feinstein (who sits on the Judiciary Committee) and Speaker Nancy Pelosi to demand that the FOIA bill pass and that Kyl’s proposal die.

In Sacramento: Assemblymember Mark Leno has introduced a bill that would override the devastating Supreme Court decision on police records. The measure, AB 1648, would once again allow public access to information about the extent of police officer discipline and would permit agencies such as the San Francisco Police Commission to hold some disciplinary hearings in public. It’s a crucial bill; cloaking all discussion of problematic cops in a veil of secrecy undermines public trust in law enforcement, perpetuates poor management, and protects abusive officers. The legislature needs to pass it quickly. Leno has also reintroduced his Public Records Act reform bill, AB 1393, with a few amendments to address technical problems that the Governor’s Office claimed to have with last year’s bill. This time Gov. Arnold Schwarzenegger has no excuse not to sign it.

In San Francisco: It’s still far too hard for members of the public to get basic information from city departments. The Sunshine Ordinance Task Force needs to have the authority to mandate that agencies follow its decisions; an attempt to make that happen three years ago failed when the supervisors balked at empowering the sunshine panel. The task force lacks the full-time staffer mandated in the ordinance.

The task force should bring its proposals back to the board, and one of the supervisors needs to step up as an open-government advocate and bring that proposal back. If the task force had any teeth or if the Ethics Commission or district attorney would enforce the existing law, these battles wouldn’t be necessary. *

A little help from their friends

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The San Francisco Chronicle’s intrepid reporters have insisted repeatedly in recent weeks that the Delancey Street Foundation accepts absolutely no government funds. “Instead, it relies on donations and the profits from its commercial enterprises,” San Francisco’s paper of record wrote on Feb. 6.

A simple search of the city’s vendor database, however, confirms that several local agencies in San Francisco paid Delancey Street amounts totaling well over $1 million for the last two fiscal years alone. The Department of Children, Youth & Their Families gave Delancey Street $98,000 in program grants for each of the last two fiscal years and by the end of 2007 will have given the nonprofit more than $300,000.

And the mayor’s office gave Delancey Street $435,000 in fiscal year 2006 and $483,000 in 2005, the records show.

The city has paid the foundation more than $200,000 so far this year, and there’s another $64,000 in outstanding payments. The Guardian obtained copies of the grant agreements through sunshine requests made last week.

Mayor Newsom is receiving “counseling” for a self-diagnosed excessive love of white wine from Delancey Street’s politically well-connected executive director, Mimi Silbert, who has known Newsom and his family for years.

The foundation’s easily accessible federal tax forms reflect the hundreds of thousands in annual government dollars paid to Delancey Street.

After local blogger Michael Petrelis began contesting the claims, a Chronicle reporter clarified for Petrelis following a call to Silbert that grant money from the city supports a charter school on Treasure Island called the Life Learning Academy. The academy is managed by Delancey Street and targets troublesome teens – half of them on probation – who have had problems elsewhere in the school district. Silbert told us that the school was designed in part to emulate Delancey Street by operating businesses like its organic produce subscription service and bike maintenance shop.

She said, as Delancey Street has for years, that program residents living at the nonprofit’s Embarcadero Street headquarters depend on one another to keep the place operating through its variety of undertakings.

“We structured it without a staff and without day-to-day funding so that people could help each other,” Silbert said. “And it’s in the helping of each other that you begin to find your strength. And since they run the organization and go from department to department to department, they eventually find what they are good at.”

But there’s more. According to Delancey Street’s tax forms and deed records maintained by the county recorder, the Mayor’s Office of Housing facilitated a $4 million loan for Delancey Street in 1989 using city money to help with the construction of its sprawling residential and commercial center on the Embarcadero, which cost $20 million to build, not including donated labor. As long as Delancey Street complied with a series of terms, the loan, plus interest, would be forgiven after 20 years. Free government money, in other words.

The city’s mayor at that time was Art Agnos. Delancey Street leveraged $18 million more through the private sector to cover the rest of its construction costs for the Embarcadero Triangle Project, according to its tax forms.

They did so using a cash-generating scheme known as a “leaseback” agreement. A third party purchased the property for $18.7 million paid to Delancey Street and also covered the expense of the $4 million loan made by the city. The whole transaction took place only on paper, and in exchange, the third party got to take advantage of the property’s low-income housing tax credits by technically owning 600 Embarcadero St. while the nonprofit continued to operate Delancey Street at the location.

Silbert wields far-reaching connections inside the Democratic Party and among moneyed philanthropists including Rep. Nancy Pelosi, Sen Dianne Feinstein and even Britain’s prime minister, Tony Blair. When Silbert announced plans to expand nationally, Delancey Street’s longtime supporter, Feinstein, vowed to secure a $1 million grant from the U.S. Justice Department to help in the effort, according to a 2002 LA Times profile of the organization.

The foundation is headquartered in a burnt umber stucco building on Embarcadero Street fringed with decorative iron gates and planters beneath French-style windows. Overlaying the property is a grid of sun-baked courtyards. Its design complies neatly with the principles of New Urbanism encouraged in the northeastern neighborhood with a walkable row of ground-floor businesses and densely packed dwellings. According to lore, it was built entirely by residents of Delancey Street.

If you didn’t know it was a treatment center, frankly, you’d mistake it for another of the innumerable yuppie enclaves that have sprouted in the neighborhood over the last two decades.

Five hundred residents live on site and conduct all of the program’s day-to-day operations as part of their commitment to an intensive two-year program. They provide labor for several Delancey Street businesses that buoy the nonprofit, from its famous Delancey Street Restaurant to a national moving and trucking service.

Leaseback agreements, such as the one entered into by Delancey Street to build its hub on the Embarcadero, are a common financing mechanism for low-income housing construction. But the forgivable loan from the city shows that a little sleuthing on the part of reporters would have gone a long way in confirming the extent of the nonprofit’s professed independence

Academy fight song

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First things fuckin’ first: I know I’m not the only film fan who’s still pissed about Crash winning over Brokeback Mountain in 2006’s Best Picture race. In fact, let’s change the subject before I punch the nearest preachy ensemble drama (look out, Babel!). Cinemaniacs actually have a bigger problem this year, with the prospect of an Academy Awards ceremony chockablock with predetermined winners. You might as well time your corner-store run during the Best Actor and Best Actress awards, cause there’s zero mystery about who’s gonna snag those trophies (this way you can actually watch the People Who Died montage for once). But who else will win besides Forest Whitaker and Helen Mirren? Can we make it through four hours of entertainment-related programming without mentioning Anna Nicole Smith? And are there any showdowns worthy of honorary Oscar recipient Ennio Morricone’s iconic The Good, the Bad, and the Ugly score?

Best picture: Surprisingly, who’ll go home with the biggest O is anyone’s guess. The choices are Babel (which won the Golden Globe), The Departed (a big-budget box office hit), Letters from Iwo Jima (stellar movie, but Clint Eastwood’s already got like 57 of these things), Little Miss Sunshine (the little indie that could?), and The Queen (a good movie made great by Mirren’s performance). I’m aiming at my Oscar dartboard (it’s taped on a Crash poster) and picking Babel. Or Little Miss Sunshine. Or The Departed. Yep, I’m useless.

Best director: If Martin Scorsese doesn’t win for The Departed, I’m shaving my hair into a Mohawk. Paul Greengrass (United 93) I could maybe live with. But if Alejandro González Iñárritu (Babel) gets his mitts on Marty’s trophy, it’s Bickle time.

Supporting actor: Frankly, I’m just psyched that the Academy chose to nominate The Departed ‘s Mark Wahlberg (funny, bitchy) instead of going the predictable route with Jack Nicholson (over-the-top in a bad way; what the fuck was that Tony Montana scene about anyway?). Despite mutterings about how Norbit‘s hideous existence is gonna harm his chances, Eddie Murphy’s Dreamgirls comeback will prove hard to beat, what with the singing, dancing, and acting chops — and nary a fat suit in sight.

Supporting actress: It’s Dreamgirls‘ J-Hud all the way. Insert your own "and I am telling you" pun here. Think she’ll thank Beyoncé in her acceptance speech?

Foreign-language film: Pan’s Labyrinth is on a roll. Give Guillermo del Toro his much-deserved due. You know you loved Blade 2 as much as I did.

Original screenplay: Even with the hokey thing about the stag, The Queen, written by the havin’–a–banner year Peter Morgan, is pretty appropriately regal. But the superfreaky Little Miss Sunshine contains the line "Do what you love, and fuck the rest," which may be kind of a cliché but is endearing enough to win me over. Kind of like the movie itself.

Adapted screenplay: Wizard sleeves! Vanilla faces! Gypsy tears! Wa wa wee wa! Oh, all the nominees in this category are deserving, but if they don’t give this to Borat genius Sacha Baron Cohen and his crew, the Academy will have chosen wisely. Not.

Documentary: Al Gore will never be president, but he can win an Oscar. (Or at least his movie, An Inconvenient Truth, can.) He’s kind of like Ronald Reagan in reverse.

Costume: I almost want to say Curse of the Golden Flower, for the sheer fact that it made Gong Li’s knockers defy gravity. However, I think the sequin-per-capita rule applies here: Dreamgirls, you may not have snagged a Best Picture nom, but getting snubbed has never looked so glamorous. (Cheryl Eddy)

ACADEMY AWARDS

Sun/25, 5 p.m., ABC

www.oscar.com

>

Why people get mad at the media (part 10) The Associated Press corrects an important media story with a non correction

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Bruce B. Brugmann

Well, to its credit, the Associated Press did put out a Feb. l correction to its story of Jan. 24, which reported wrongly that the Guardian and the Media Alliance had “failed to convince” a federal judge to open the sealed documents in the Reilly vs. Hearst antitrust and media consolidation case. The story made it appear that Hearst and the Media News Group/Singleton won and the Guardian lost the motion and the records would stay sealed. The story appeared in the Contra Costa Times and San Jose Mercury News (both Media News Group/Singleton papers).

The problem with the correction: it only compounded the original mistake and kept the point of it all neatly obscured. I couldn’t understand it, as the blogger on the story. G. W. Schulz couldn’t understand it, as the reporter on the story. And Executive Editor Tim Redmond couldn’t understand it, as the writer of the editorial on the issue. So how could anybody else ever understand what happened. Here is the AP correction:

“SAN FRANCISCO–in a Jan.24 story, the Associated Press said a federal judge had denied requests from Media Alliance and the San Francisco Bay Guardian for access to documents from a deal between the San Francisco Chronicle and the owner of about a dozen Bay Area daily newspapers. The story should have noted that Denver-based MediaNews Group Inc. and the Hearst Corporation, the Chronicle’s publisher, had earlier voluntarily
released some records that had been filed under seal.”

“Had earlier voluntarily released some records?” The publishers refused our request to release the documents and only released a large portion of them under legal duresss after we filed our lawsuit. “Some records?” We got 90 per cent of the sealed records, including such key documents as a Sept. 26 deposition taken by the U.S. Department of Justice from James Asher, Hearst’s chief legal officer and business development officer, that showed that Hearst and Singleton had discussed mutual investments and collaboration for years. We also got the right to stay in the case as an intervenor so that we are in a legal position to challenge any further sealing of documents for the duration of the case.

It was a clear and decisive victory in an important sunshine in the federal courts case, but you couldn’t tell it from the original story or from the “correction.”

Note to Dean Singleton, incoming chairman of the board of directors of the Associated Press. Spread the word down through the ranks. In stories involving you and other AP member publishers sealing records in federal court and seeking corporate favors, it’s best for AP to take special pains to do fair straightforward stories of what is actually going on. And if you are asked to do a correction or give the non-monopoly side a fair shake, do a correction that is a real correction and explains what actually went on in context. It would also be helpful to provide links to the original story and to the actual documents so people can check for themselves. B3

AP: Clarification: Hearst-MediaNews story

Why people get mad at the media (part 9). the Chronicle and Associated Press blow the big media story and refuse to make corrections

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By Bruce B. Brugmann

The Bay Guardian, the Media Alliance, and the First Amendment Project won a major victory in federal court last week and succeeded in unsealing about 90 per cent of the previously secret records in the Clint Reilly media consolidation case. It was a clear and decisive win.

Yet the monopoly papers in the case mangled the story, tried to make it appear that the Guardian lost, and the monopolizers won. And then, when we requested they make corrections, they refused and tried to blow us all off.

The Associated Press story was the worst. It was inaccurate, incomplete, and made it look as if the judge had given the Hearst/Singleton forces a major victory, as the two heads on the Examiner website made clear: “Judge: MediaNews, Hearst lawsuit documents remain sealed” and “Judge denies request to unseal MediaNews, Hearst lawsuit documents.” (B3: both inaccurate and incomplete statements, see our online coverage and our link to the judge’s order).

The lead makes the inaccuracy more pronounced: “A media advocacy group and alternative weekly newspaper on Wednesday failed to convince (B3: no) a judge to open key documents in a deal between the San Francisco and the owner of about a dozen Bay Area daily newspapers.” Then the second inaccurate paragraph: “U.S. District Judge Susan Illston denied requests (B3: no, no, no) from the Oakland-based Media Alliance and the San Francisco BayGuardian…” And then a selective quote from Illston that makes it look (wrongly) as if “the bulk of the records contained detailed financial information, including past and present revenue…” and that those were still under seal.
(B3: no again).

Our attorney James Wheaton from FAP emailed the AP and the Chronicle a full and detailed account of what we won: (a) about 90 per cent of the sealed documents; (b) a lot of key documents; (c) the right to stay in the case as an intervenor so that we are in a legal position to challenge any further sealing of documents for the duration of the case; (d) a major precedent that the big guys, especially the monopolizing publishers, cannot seal records in their moves to regional monopoly without public challenge, and (e) a major victory for sunshine, open government, and the free and open press.

More: the AP story was done without the normal calls for comment to our attorney or to the plaintiffs (Media Alliance or us). We had to initiate the calls and emails in an attempt to find out how AP so badly screwed up a simple straightforward ruling by a federal judge. And we are still mystified. The AP story ran in the San Jose Mercury News and Contra Costa Times, both owned by Singleton. Singleton, let us note, is also the incoming chairman of the AP board of directors.

When Wheaton asked for a correction by email, the assistant bureau chief Mark Rochester replied in an email:
“While I understand the subtleties (B3: subtleties?) involved, and have discussed this further with staffers here, I’ve decided not to do anything further. I just don’t believe we could issue a clarification or write-thru of the story that would be useful to member news organizations in terms of trying to explain what was and wasn’t covered in the judge’s order.” (B3: why not? Is AP above correcting demonstrable errors or giving the other independent side a chance to comment? What side is AP on? Darkness? Monopoly? Fair and balanced reporting? And most important:what about the interests of non-members or targets of your stories or people like us doing the public’s business in filing and winning a major sunshine in the courts suit? Do we not count?)

I put the above comments in an email letter to Rochester and AP bureau chief John Raess. I requested an explanation of why AP’s news consideration applies only to AP members (such as Hearst, Singleton, Gannett, McClatchy, Stephens, purported “competitors” who are now partners in the monopolizing
California partnership under attack by Reilly.) I also asked for a copy of the AP’s retraction and correction policy. No answer as yet.

This is the face of the emerging daily newspaper monopoly in 2007 in the Bay Area. And this is yet another reason why people get mad at the media.

P.S. Ah, yes, the Chronicle story by Bob Egelko. His story wasn’t much better and he missed the key point: when we filed the motion in court to unseal the records, the newspaper monopolists, obviously embarrassed, immediately agreed to make the bulk of the material public. There are boxes and boxes, and thousands and thousands of pages of legal material filed in the case so far, and the publishers didn’t even contest our contention that most of it should never have been sealed in the first place. Ah yes, neither the Guardian nor the Media Alliance for the First Amendment Coalition was mentioned by name in the rummy little page 3 story in the business section. We asked Egelko why. He emailed back: the cuts were made for space consideration. B3

***************

AP Letter

Fun with whistleblowers!

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By G.W. Schulz

Every six months or so, the San Francisco Controller’s Office releases a summary of the numerous whistleblower complaints it receives from citizens and municipal employees alike.

No names are attached, unfortunately. And attempts by the Guardian in the past to obtain details of the complaints and resulting investigations through sunshine requests were rebuffed by the controller. Ed Harrington’s office argued that publicity might inhibit potential whistleblowers from stepping forward.

But for now, at least, we’ve got a good idea of which city and county offices are housing ill-behaved employees and what’s been done to stop them.

Make a wish

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› le_chicken_farmer@yahoo.com

CHEAP EATS Sockywonk came back from Florida completely bald and we sat in the waiting room at the Kaiser lab, looking at pictures. In fluorescent lights, in the hospital hum, in the stony glare of disease … here was Florida, her Florida friends, her Florida sister, sunshine and tank tops, big smiles, water. Here was Sockywonk sitting in the haircut chair clowning for the camera, yanking fistfuls of hair right out of her scalp, waiting for the shave.

The last two things she did with her hair, when she had it, and knew she only had it for a couple more weeks, was she cut it into a Mohawk and then bleached it blond. Nowadays she wears a Davy Crockett hat with a tail, some kind of animal, and you know that I love her for this.

She took the hat off and showed me. There were lingering patches of black stubble, random and Rorschach. I put my hand there. It was warm and bristly.

I made a wish.

Once when I used to shave my head and people, including me, always wanted to touch it, I told a coworker while she was rubbing my snow dome that she could make a wish and she did and got pregnant. This was 20 years ago, more or less, in another time zone, and I can’t remember the mother’s or the father’s name, but I imagine the child of that wish, now more or less an adult, tracking me down and appearing at my door one day with a basket of fruit or a cheese tray.

"Hi!"

It had been cloudy and drizzly but mild all morning, and when we came out of Kaiser it was brilliantly sunny and freezing. "What do you really really want to eat?" I said. "More than anything in the world right now, for lunch."

"Soup," said Sockywonk. "Japanese."

It’s not like her to be decisive and I was thrilled. Soup, in particular Japanese style, is one of my favorite things in the world. On our way to my car she stepped in one of my least favorite things. I found an old copy of the Guardian in the back of the truck, opened it to Cheap Eats, and laid it out on the passenger floor.

In Japantown Center, sucking down edamame outside of Suzu because there weren’t any open tables inside, we looked at more pictures while waiting for our noodles. One of Sockywonk’s Florida girlfriends is pushing 60, and looks like she’s 35. There’s a big house, a deck, a river. Sockywonk says something about maybe moving back there.

"Would you do it?"

She doesn’t know. She’s been living in a rent-controlled apartment here for 15, 20 years. Has a lot of cool and beautiful San Francisco friends too. Some of whom, if not all of whom, are bigger than her and will chain her to a parking meter, if that’s what it comes to.

Here was a picture of Sockywonk flashing her boobs.

And here was our soup, finally, and oh-sweet-Jesus I have a new favorite restaurant! Not only do they have karaage ramen, which is fried chicken noodle soup, and not only are the noodles homemade and perfect, but the fried chicken comes in a separate bowl on the side so that, for slow eaters like me, you don’t wind up eating sog-monster mush.

I chopsticked a crispy chunk of chicken, dipped and dunked it into the dark, salty broth, and came up with an unexpected spot of ginger hanging on somewhere, a stowaway. Biting into it was like sex, if I remember correctly. Sex, not soup; the soup I remember perfectly, almost tearfully. The most succulent, deliciousest thing you can even imagine.

Fried chicken soup. Sockywonk had a combination plate, tempura over rice, and udon soup. Oh, and we also had shrimp dumplings and they were pretty good too. But how can someone who’s 60 look 35?

Chemo conks you on the head and makes you move a little slow.

Fried chicken does the same thing to me, so I had no trouble keeping step with Sockywonk on our way up the stairs to the restrooms, which of course are gender specific: one for this kind, one for that. But in this case I didn’t mind, ’cause we got to pee in harmony and wash our hands in harmony and look together into the mirror, thinking about Florida. *

SUZU JAPANESE RESTAURANT

Lunch: Mon. and Wed.–Fri., 11:30 a.m.–3 p.m.

Dinner: Mon. and Wed.–Fri., 5–10 p.m.; Sat., 11:30 a.m.–10 p.m.; Sun., 11:30 a.m.–9:30 p.m.

1581 Webster, SF

(415) 346-5083

Takeout available

Beer and wine

MC/V

Quiet

Wheelchair accessible

>

Let them eat pancakesi

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› paulr@sfbg.com

Not too many years ago, the intersection of Church and 30th streets had a distinctly end-of-the-line, Hooterville flavor. It was there that Muni’s J-Church streetcars ran out of track and had to turn themselves around for the voyage back to Market Street. The restaurants were a motley crew too, a helter-skelter bouquet of old, dimly lit places — Italian, Burmese — and a few brash arrivistes, such as Valentine’s and Café J.

Nowadays the southbound J takes a left and disappears for hours, like that model train Monty Burns once gave Bart, briefly his heir, on The Simpsons. ("Where does it go?" Millhouse asks in awe as the toy train chugs into a tunnel, and Bart replies, "I don’t know, but it’ll be gone for three hours, and yesterday it came back with snow on it!") The expansion of public transport is doubtless a good thing, especially in times like these, but the growth of the J line has certainly helped end the backwater days at Church and 30th. In the past few years there has been a tremendous efflorescence of upmarket restaurants south of 26th Street, including Incanto, Bistro 1689, La Ciccia, Pomelo, and Pescheria (from Joseph Manzare of Globe).

A small lacuna in this splendid list — but a striking one, considering Noe Valley’s reputation as the city’s baby belt — has been a place families could eat with small children. Outer Church’s resurgent restaurant row is very much tilted toward hip young adults with money. The baby-stroller set does most of its prowling along 24th Street, with Savor serving as a kind of Grand Central Station for people with little ones. Of course there was Hungry Joe’s, an old-time, greasy-spoon hamburger joint — yet the nearest relation to Hungry Joe’s wasn’t Savor but Herb’s, a place where I’ve never seen many baby strollers or children.

But now that the Naser brothers (Eddie, Anis, and Kamal) have reinvented Hungry Joe’s as Toast — complete with fresh paint the color of sunshine, brilliant new windows, and a shiny redo of the lunch counter — the outer Noe neighbors need no longer herd their tykes, tots, nippers, and other small folk up the long blocks to 24th Street. Toast, launched early in September, is much snugger than Savor, and although it doesn’t serve crepes, the menu does offer pancakes from dawn to dusk and beyond.

If the place also lacks Savor’s rear terrace, where fantasies of being in Nice can plausibly be entertained, it offers plenty of sidewalk seating by way of compensation. This small amenity is already attracting a big brunch crowd on warm weekend afternoons. And lovers of toast will not come away disappointed. Toasted bread, a simple pleasure that really can’t be improved upon, is standard issue for many of the restaurant’s broad array of sandwiches, and while this might seem like a minor detail, minor details have a way of making the difference between good and merely mediocre cooking.

The only untoasted bread we came across was the little loaf of sliced baguette that appeared shortly after we were seated one evening. It was butterable, of course, but it also made nice chunks for dipping into a surprisingly excellent lentil soup ($4.75) dotted with diced carrots and celery and shreds of tomato but also bewitchingly perfumed with an eastern Mediterranean, perhaps Turkish, bouquet of spices. I definitely detected paprika (we associate paprika with Hungary, but the spice was brought there by Ottoman invaders) and possibly sumac. Another small detail that made a noticeable difference.

And yet another: pepper jack cheese, with its agreeable fruity sharpness, along with cheddar in the grilled cheese sandwich ($7.25), whose slices of white bread had assumed pale golden sheen, sign of a quick turn in oil rather than a toaster. And more: heavy gratings of parmesan, a wealth of nicely oily croutons, and a garlicky vinaigrette over perfect romaine leaves in the side Caesar salad, which is a 75¢ upgrade for most of the sandwiches. The corned beef in the Reuben ($8.75) seemed to have been house-cured, judging by the juiciness of the meat and the liveliness of the bits of fat still attached to it. Corned beef has nothing to do with corn, incidentally, except that the cattle might have been fed it in their last days. "Corn" refers to the coarse salt with which the meat is cured; the word used to mean "grain" or "granular" — hence "corn snow."

I did find the ground beef in the patty melt ($8.50) to have been slightly underseasoned, but this deficit was made up by plenty of excellent sautéed onions and slices of (toasted!) rye bread. The side of fries, though not of the elegant French matchstick variety, was flawless and must be counted among the better versions in the city. Like the Reuben, the bacon cheeseburger ($8.50) was made with Niman Ranch beef — 1/3 pound’s worth — but the quality of the meat was largely eclipsed by the intensity of the toppings: a heavy mat of melted cheddar cheese and lengths of well-crisped bacon.

One evening we sat near a young family whose little girls, while waiting for their evening pancakes, were crawling over everything like monkeys — up on the table, down the back of a chair, across the floor, making little squeaks and yips all the way — while their parents patiently shepherded them back toward civilization and kept a conversation going between themselves. The gist of their remarks seemed to be: When will the pancakes arrive, and perhaps, Will we be toast by then? Answers: soon and no, everybody happy. *

TOAST

Mon.–Sat., 7 a.m.–9 p.m.; Sun., 7 a.m.–4 p.m.

1748 Church, SF

(415) 282-4EAT

www.toasteatery.com

No alcohol

AE/MC/V

Noisy

Wheelchair accessible

>

Tantalizing question: How can the Chronicle/Hearst say one thing in superior court in Santa Clara County and the opposite in federal court in San Francisco?

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By Bruce B. Brugmann

In Friday’s San Francisco Chronicle, below the fold in the business section, there was a tantalizing head with a tantalizing lead that raised a tantalizing question: how can Hearst say one thing in Santa Clara Superior Court and another in federal court in San Francisco in a similar public records case?

The head: “Media seeking backdating info, Mercury Interactive documents provide details on practice.” The lead:
“A Santa Clara County Court judge will hear arguments today from media companies, including the Chronicle, seeking to unseal documents related to stock options backdating at Mercury Interactive Corp.”

The story: Chronicle reporter Carolyn Said wrote that the Chronicle and the Recorder and Bloomberg News went into court “requesting access to court filings related to widespread manipulation of stock options at Mountain View’s Mercury, which makes business software.” At the end of the story, Said reported that “the three media outlets are seeking to unseal documents Mercury provided in the shareholder lawsuit under a confidentiality order. They say the documents might reveal the inside story on how backdating occurred.”

Good for Hearst, the Recorder, and Bloomberg News and Karl Olson, the Hearst media attorney who made a strong case to open the records. He even told the judge that as he was driving from San Francisco to Santa Clara for the hearing he realized what a beautiful sunny day it was. “Sunshine is the best bet,” he said. We hope they win. The judge said he would consider arguments in hte case.

Meanwhile, in federal court in San Francisco, Hearst is taking the opposite side of the issue in a similar records sealing case. Significantly, this case involves Hearst itself and Singleton (and their chain newspaper allies McClatchy, Gannett, Stephens) in the Reilly vs. Hearst antitrust case. The chain gang is stonewalling so hard and so high that the Guardian and the Media Alliance were forced to go into federal court to try to unseal the records and shed sunlight on this major national story: the deal that would destroy newspaper competition in the Bay Area and impose regional monopoly. The First Amendment Project in Oakland is handling the suit.

Ironically, Reilly and the Guardian are using the same argument Hearst used in Santa Clara to unseal the Hearst records in San Francisco: that they will “reveal the inside story” of how Hearst and Singleton secretly cooked up the monopolizing deal. As our Dec. 27 editorial put it, “The way the big chains have set things up, there’s no way for the public to find out much of anything–except what Hearst and MediaNews want us to know. Under the terms of a court order the chains wrote and got approved anything–evidence, briefs, depositions, even legal motions–the newspaper barons want to mark secret is automatically sealed…In other words, the newspapers–which, after all, are accused of trying to violate antitrust laws and create a media monopoly in the region–have complete control of what information does and doesn’t come out of the trial. That’s exactly how they want it–and that’s exactly how things will go if they get their way.”

And so the questions still tantalize: how can Hearst be for sunshine in Santa Clara Superior Court and for darkness in San Francisco federal court? How can Hearst report these stories with obvious contradictory positions without comment and without blushing? Don’t the contradictory positions hurt not just the Hearst case in Santa Clara but the journalistic and public interest arguments in all open records court cases? I am posing these questions by email to Hearst corporate in New York via Chronicle Publisher Frank Vega and Editor Phil Bronstein.” Check our Wednesday Guardian paper and website for a bigger story on the backdating scandal and Hearst ironies by reporter G.W. Schutz. He covered the hearing for the Guardian. B3

SF Chronicle: Media seeking backdating info – Mercury Interactive documents could provide details on practice

MONDAY

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MUSIC

Kronos Quartet

Christmas is brushing off rocks in the rear-view mirror and New Year’s is coughing up exhaust. ’Tis the season for Scraping Foetus off the Wheel. More specifically, it’s the time to hear a composition or two by J.G. Thirlwell, whose many musical noms de plume include quite a few that capitalize the word foetus, as well as genius tags like Manorexia and Steroid Maximus. Only one foursome could bring the sound of Thirlwell into a setting such as Temple Emanu-El: namely, the Kronos Quartet. (Johnny Ray Huston)

7:30 p.m., $17-$20
Temple Emanu-El, Martin Meyer Sanctuary
Two Lake, SF
(415) 355-9988, ext. 11
www.emanuelsf.org

FILM

“Cinema Drafthouse”

The biggest problem with most movie theaters is that they don’t serve booze. Luckily, the good people at the Independent put on “Cinema Drafthouse,” where you can live the dream. This week they are showing instant indie classic Little Miss Sunshine, which was one of the best movies released last year. Idea for a drinking game: drink whenever the little girl talks. (Aaron Sankin)

8 p.m., free (2 drink minimum)
Independent
628 Divisadero, SF
(415) 771-1422
www.independentsf.com

F stands for family …

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› a&eletters@sfbg.com

It is not — finally — a good moment to be a social conservative, as the Republicans have finally failed enough on so many fronts that their failure is being acknowledged. Evidence increasingly suggests large segments of the population don’t really care that much about the terrifying threat of gay marriage, don’t want to turn the clock way back on abortion rights, and prefer keeping church and state as they’re supposed to be: separate. Whatever happened to "family values"?

Maybe folks outside such crazy-liberal enclaves as our own have at last realized that the old mom–dad–2.5 children under one roof equation is an outdated ideal simply because so few people are living it anymore. (Statistics recently confirmed that two-parent households are now indeed in the minority nationally.)

If the movies generally reflect how the public wants to see itself, then 2006 suggested to a large extent that few viewers see the point of happy traditional-family portraiture, even as fantasy material. It used to be that conflict often arose when external circumstances yanked characters from their snug, supposedly normal domestic setup. Now things are usually unstable from the get-go: parents (if both are present) at each other’s throats, kids in alienated crisis, any contented people likely to be delusional (and probably well medicated).

Thus it shouldn’t have been such a surprise, maybe, that the year’s big sleeper was Little Miss Sunshine — a family road trip movie in which everybody who’s old enough to have an opinion loathes everyone else, mostly for good reason. Saddling each relationship with maximum dysfunction, winking at attempted suicide and the appearance of pederasty, the smugly clever script allowed audiences to feel superior to the hapless Hoover clan even as they bought into caring about them. (I didn’t dislike the movie, but it seemed more cynically manipulative than was acknowledged.) Maybe medium-black comedy is the new warm-and-fuzzy comedy for jaded urbanites. If so, it was a surprise that the film adaptation of Augusten Burroughs’s memoir Running with Scissors didn’t do better, since it offered more spectacular bad parenting, growing pains appallingly handled, mockery of basic room and board issues, terrible sexual initiations — and was based on a purportedly true story.

Less-farcical treatment of multihousehold toxicity drives the excellent Little Children, which not only sports the year’s strongest treatment of a pederast (apart from the documentary Deliver Us from Evil) but sees nearly every parent-child and spousal relationship in it unravel in a humid miasma of discontent. Ditto the little-seen but admirable 12 and Holding, whose juvenile protagonists act out in all the wrong ways after one of their friends is accidentally killed. Still, they’re in better mental health than the adults supposedly minding them. Then there are those House of Windsor inbreds who stick together through The Queen. Not that they have any alternatives: in contrast to normal folk, they seem as odd, unnerving, and extinction-bound as a herd of dodoes.

Just about the only nuclear family units onscreen in 2006 were in full-on peril: a mutant clan laying siege to the suburban one (whose members only stop arguing once they start getting killed) in The Hills Have Eyes; Gael García Bernal as a malicious usurper avenging himself on deadbeat dad William Hurt’s new, improved family in The King; Judi Dench acting as a flying wedge to drive apart school colleague Cate Blanchett’s home in Notes on a Scandal; Babel seeing danger everywhere for reckless children and the grown-ups who fail to protect them. Even without kids to worry about, the couples in antiromantic comedy The Break-Up, current upscale drama The Painted Veil, and French marital fry-up Gabrielle can hardly get away from each other fast enough.

What little sentimentality there was to be found in these areas came in suspect packages. Aaron Eckhart’s divorced tobacco industry public relations whiz in Thank You for Smoking may be a slimebag and a tool (and know it), but hey, he still wants his kid to look up to him. It’s the one plot point this movie doesn’t treat with total sarcasm — which only makes the ersatz heartwarmingness queasier. Fairly straight-up family values could be found in movies as diverse as World Trade Center, Apocalypto, The Fountain, and Rocky Balboa — but the one thing uniting those titles is that in important ways they’re all psychologically bogus.

Things look a lot better in the realm of alternative family setups, which this year encompassed such genuinely adventuresome movies as Quinceañera and Shortbus. In less politically correct realms, substitute dads were where you found them — in the mob boss (The Departed), crackhead teacher (Half Nelson), or suicidal gay uncle (Little Miss Sunshine) — but despite their flaws, they were still better than the real, biological item. On the other hand, sometimes the replacement parent is bad enough to make a child’s mind disappear into CGI fantasyland (see Pan’s Labyrinth). As far as the ’60s and ’70s went, institutionalized alternative families don’t look so hot in retrospect: check out the documentaries Commune and Finding Sean. Not to mention the one about a little place called Jonestown.

Children are the future, natch, and no movie made that future look scarier than Jesus Camp — whose little Christian soldiers are being homeschooled into a rigidity of science denial, social intolerance, and street-hassling recruitment. It was also the film, fictive or documentary, that saw narrow-gauge family values in their most aggressive practice. When and if these kids start questioning their parents’ judgment, we may see nuclear family meltdowns of hitherto unknown toxicity. Or worse, if they don’t: god help the rest of us when these know-nothings with a programmed agenda reach voting age. *

DENNIS HARVEY’S TOP 10 THEATRICAL RELEASES

(1) Quinceañera (Richard Glatzer and Wash Westmoreland, US)

(2) Shortbus (John Cameron Mitchell, US)

(3) Little Children (Todd Field, US)

(4) Borat: Cultural Learnings of America for Make Benefit Glorious Nation of Kazakhstan (Larry Charles, US)

(5) The Queen (Stephen Frears, UK/France/Italy)

(6) Ondskan (Evil) (Mikael Hafström, Sweden)

(7) El Cielo Dividido (Broken Sky) (Julián Hernández, Mexico)

(8) United 93 (Paul Greengrass, US/UK/France)

(9) The Puffy Chair (Jay Duplass, US)

(10) Evil Aliens (Jake West, UK)

Get Crafty!

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› culture@sfbg.com
Each holiday the populace drones out to the local malls in search of appropriate gifts. Not that there’s anything wrong with the holiday institutions of bad parking, blasphemy, and Black Friday — they are, after all, our modern manifestations of the holiday spirit — but in the event you like the idea of giving charming gifts handmade with affection and idiosyncrasy, you have an array of clever and affordable online options at your fingertips. Largely conceived and produced by local artisans, these handicrafts play well to most audiences, offering irony for the siblings, sincerity for the grandparents, and neutrality to the ne’er-do-wells.
Before we hit the gifts, it’s worth noting that the holiday season is a time to acknowledge all the people in our lives. As nice as that is, few of these folks will actually receive gifts. Happily, the right card can take the place of a casual gift and still produce warm fuzzies the way the best wrapped packages do.
Take, for example, Motormouth Press’s ornament cards (www.motormouthpress.com). These paper fetishes are fitting mementos for those in small living spaces as they store easily, weigh nothing, and are as cute to receive as they are to hang on your space-saving tree. Motormouth’s penguin flexagon card tells a little story and ends with a seasonal greeting. In a more mixed-media vein, Notesink (www.notesink.com) builds cards using remnants of fabric, buttons, and paper and also features screen-printed, kid-themed, and, of course, holiday cards. These cards are so cute you’ll rub your eyes in disbelief — they may even inspire you with their crafty prowess. If that happens, you should look into Sideshow Stamps (www.sideshowstamps.com). A purveyor of funky stampedelica, Sideshow features pithy images such as its Leg Lamp stamp, and if you’ve seen A Christmas Story, you know that’s Xmas imagery plain and true.
The Bay Area has much to offer in the way of bath and beauty product lines. Though using soap is a personal matter, bath products make peculiarly neutral gifts. To spice up the body politic, the following kitchen chemists have put some weight into product design. Take Lizzie Sweet (www.lizziesweet.com), for example. The tangy-looking packaging is intended to make you feel as sexy about buying the bath line as using it. Presentation also matters to Aqua Energy Design Studio (www.aquaenergydesignstudio.com), whose island-inspired products include supersexy bath salts that resemble uncut diamonds. The Aromatic Way Apothecary (www.aromaticway.com) uses potent olfactory triggers to make its pragmatic products. The cold salve clears your pathways better than Vicks and without the chemical blur, while the scented shea butter sticks, packaged in deodorant twist-up tubes, are practical for the pocketbook.
Though all bath products can be hedonistic experiences, not all are. Mandrake Apothecary puts the sense into sensual. Perfect for the solstice, Mandrake’s line of sexy scents (www.mandrakeapothecary.com) is rife with plant extracts and mystical purpose. It’s genuinely magic stuff. And not like Jesus magic — like magic magic. For a more arcane approach to the sacred ritual of bathing, look to Oakland’s Pomegranate Body (www.pomegranatebody.com). Skin-nourishing shea butter abounds, and the Citrus Sun line smells like sunshine.
The Curiosity Shoppe (www.curiosityshoppeonline.com) could be San Francisco’s one-stop craft shopping mecca. With themed products for the home and the office, it has layers of quippy objets d’art that can offer petite grandeur to all the people on your shopping list. The brass bird nest (with stone eggs) is precious, and rumor has it that using the owl paperweights will make you smarter. For the “kitschen” (get it?) it’s all about Lorena Barrezueta’s ceramic takeout containers. For more gender-specific items, think about getting Conphorm’s Um Felt wool tote and carry bags, which have a durable design for the modern maiden, and Deadly Squire’s shrewd neckties — ideal for the alternadad. For other whip-smart items, look to Poketo’s intoxicating array of clever wallets (www.poketo.com) or the jocular skull patches from Krooked Stitches (gaytha.net/krooked).
Fabric always warms up the coldest of transactions, and fabric checkbook covers from Blissen (www.blissen.com) make bill paying that much sweeter. If you know someone who could use more comfort while managing their finances, throw in Sprout Studios’ cozy tea-inspired ceramics kit (homepage.mac.com/bob.jen/sprout/index.htm): it’s ideal for making your hot beverage merry and bright.
When it comes to the eenie ones, let’s be honest: you’re buying more for the parents than the kids, so why not consider adorable attire? Tiddly Toggs (408-371-7919) offers hand-knit sweaters, dresses, and hats for babies and toddlers in colors and shapes that vary with the seasons. Crafted by a British ex-nanny and seamstress (imagine Mary Poppins with knitting needles), the work features patterns both unpredictable and sedate. The three-owl pullover with buttons for eyes is a real heart warmer. The baby attire available at One Hot Tomatoe (www.onehottomatoe.com) is pretty adorable too. Tomatoe’s cheeky lobster bib could help train your favorite one-and-a-half-year-old in the ancient art of snobbery — that is, if the training isn’t already over.
If said one-and-a-half-year-old is a smart-alecky lass, you might want to drop her right into a RicRac pirate party dress from Tartlette (www.tartlette.com). Festooned with a skull and crossbones (the skull is dotted with a tiny pink bow), this dress could get your toddler into the VIP room at a SoMa club. If your fav one-and-a-half-year-old is a lad, perhaps a Mary tee from Oh Baby Apparel (www.ohbabyapparel.com) is more fitting. With a Virgin of Guadalupe patch adorning the shirt’s pocket, believers could well consider it a layer of protection (from on high!) for their bouncing boy. Complete that ensemble with high-top- or Mary Jane–<\d>style felted boots from the Clever Kitty (thecleverkitty.com) and then round out the look with a grouchy stuffed doll. The Little Gorgeouses from Little and the Girl (www.littleandthegirl.com) are sweet felt stuffed toys with an air of mystery. Lucille the French poodle carries a comforting expression, while kitten Clive is a masked avenger complete with cape. For the more acidulous, consider Scared Girl’s cunning felt Pretend Friends (www.scaredgirl.net), who live squarely on the intersection of adorable and wonky. Rectangulo’s name may give you an idea of his shape, but it says little about his demeanor. Equally emotive is poor little Grubbly, who cries perpetually, perhaps because he’s got seven appendages. He just needs a little love! (FYI, these creatures are great gifts for everyone — even the grouches who say they don’t care about local businesses or craftspeople and would rather scarf down food court junk while being crushed half to death at a mall. Maybe they too just need a little love.)

Hallelujah, more lists!

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MATTHEW EDWARDS
MUSIC LOVERS
(1) <\i>The Fall live at the Independent, May. Mark E. Smith, wife, and a band he put together the day before — classic Fall. Peerless.
(2) <\i>John Legend, Get Lifted (Sony). More ideas per song than most indie bands have in a lifetime. Stellar soul.
(3) <\i>Margaret Cho singing “Old Man’s Cock and Balls” to the tune of “Old Time Rock and Roll,” Provincetown, July
(4) <\i>D’autres nouvelles des etoiles — Serge Gainsbourg DVD. 4 hours of sin and sauce, wit and wiles.
(5) <\i>Poppy and the Jezebels, “Nazi Girls”/”Painting New York on my Shoes* (Kiss of Death/Reveal). Best young group out of UK in an age — four 14-year-old girls from Birmingham. Massive in 2007.
(6) <\i>Dave Chappelle’s Block Party, directed by Michel Gondry.
(7.) <\i>Drive-By Truckers at Hardly Strictly Bluegrass. The American Smiths with Lynyrd Skynyrd’s shirts and guitars.
(8) <\i>Joanna Newsom, Ys (Drag City). So far ahead of the “new folk” pack it’s not true. A goldrush-town Kate Bush.
(9) <\i>One Kiss Can Lead to Another: Girl Group Sounds Lost and Found (Rhino)
(10) <\i>Borts Minorts opening for us at Amnesia.
Music Lovers play Slim’s Dec. 23.

KELLEY STOLTZ
SUB POP SONGWRITER
(1) <\i>Detroit producer-musician-good fellow Matthew Smith’s Outrageous Cherry released their umpteenth album Stay Happy (Rainbow Quartz), and it’s a fab collection of big beat Jesus and Mary Chain meets the Chills type of pet sounds.
(2) <\i>I got to play a show with Dan Sartain in Amsterdam this fall. He describes himself to the common man as Chris Isaak on acid — or was that quaaludes ? No weepy romantic, the 24-year-old hails from Birmingham, Ala., and does surf-rockabilly besame-mucho murder ballads really well. He’s a real character, too. After staying up all night he was spotted eating falafel wearing his hotel towels for socks. His new album, Join … Dan Sartain, is on Bjork’s One Little Indian label.
(3) <\i>The Muldoons are a family band composed of Hunter and Shane, about age 9 and 12, respectively, and their dad, drummer Brian, who play high energy Stoogey rock. Their first single was recorded by Jack White, no less. There were a lot of kids playing rock songs this year, but these guys are future and now, for real. Listen to their live session on www.wfmu.org for proof.
(4) <\i>As 2006 comes to a close, it is getting closer to April 2007, when Sonny Smith’s new album will finally appear. After some rewrites and a touch of hemming and hawing, my favorite SF Pro Tools hobo will release Fruitvale on a new label run by local vocalist Chuck Prophet.
(5) <\i>The Oh Sees recorded a fine new album, Sucks Blood, and that too will be coming along early next year, but since I heard it this year I can safely say it was one of the sonic highlights of the recent past.
(6) <\i>Vetiver, To Find Me Gone (Dicristina Stair). A great collection of ’70s AM radio pop magic and smart lyrical turns.
(7) <\i>Black Fiction were a force of rumbling floor toms, Casio blips, and cool tunes. The most interesting SF band playing in 4/4 time.
(8) <\i>Australia’s Eddy Current Suppression Ring channeled AC/DC, the Buzzcocks, and early Joy Division/Warsaw on their fantastic “Get Up Morning” single.
(9) <\i>How could Arthur Lee and Syd Barrett pass away within a couple weeks of each other? Similar souls departed.
(10) <\i>Sub Pop goes green and offsets their offices’ electricity usage with clean windpower churned up in the Pacific Northwest. I hope more corporate structures within and outside of the music world will take note and do a simple thing that helps a lot.

DEVIN HOFF
DEVIN HOFF PLATFORM
(1) <\i>Marisa Monte, Palace of Fine Arts, Nov. 5
(2) <\i>Deerhoof, Great American Music Hall, Sept. 5
(3) <\i>Jamie Stewart of Xiu Xiu, solo at Prison Literature Project benefit, AK Press Warehouse, April 11
(4) <\i>Ornette Coleman, Sound Grammar (Sound Grammar)
(5) <\i>Marisa Monte, Universo au Meu Redor (Blue Note)
(6) <\i>Marisa Monte, Infinito Particular (Blue Note)
(7) <\i>Caetano Veloso, Ce (Umvd)
(8) <\i>Ches Smith, Congs for Brums (Free Porcupine Society)
(9) <\i>Mary Halvorson and Jessica Pavone duo
(10) <\i>Iron Maiden, A Matter of Life and Death (Sanctuary)

JORDAN KURLAND
NOISE POP
(1) <\i>The Who, Endless Wire (Republic)
(2) <\i>Jose Gonzalez, Veneer (Mute)
(3) <\i>Thom Yorke, The Eraser (XL)
(4) <\i>Jenny Lewis with the Watson Twins, Rabbit Fur Coat (Team Love)
(5) <\i>Cat Power, The Greatest (Matador)
(6) <\i>Kieran Hebden and Steve Reid, The Exchange Session, Volume 1 (Domino)
(7) <\i>Cursive, Happy Hollow (Saddle Creek)
(8) <\i>Long Winters, Putting the Days to Bed (Barsuk)
(9) <\i>Boards of Canada, Trans Canada Highway (Warp)
(10) <\i>Beirut, The Gulag Orkestar (Ba Da Bing)

CHRISTOPHER APPELGREN
NOISE POP, LOOKOUT RECORDS
•<\!s><\i>Colossal Yes, Acapulco Roughs (Ba Da Bing)
•<\!s><\i>Voxtrot’s cover of Comet Gain’s “You Can Hide Your Love Forever” from the band’s Web site
•<\!s><\i>Still Flyin’, Time Wrinkle (Antenna Farm)
•<\!s><\i>Peter Bjorn and John, Young Folks (Wichita)
•<\!s><\i>Primal Scream, Riot City Blues (Sony)
•<\!s><\i>Trainwreck Riders, Lonely Road Revival (Alive)
•<\!s><\i>The Tyde, Three’s Co. (Rough Trade)
•<\!s><\i>French Kicks, Two Thousand (Vagrant)
•<\!s><\i>Chow Nasty live
•<\!s><\i>Love Is All, Nine Times That Same Song (What’s Your Rupture)

VICE COOLER
XBXRX, HAWNAY TROOF, K.I.T.
•<\!s><\i>Matt And Kim, Cafe Du Nord, Aug. 19. They have been described as the “happy Japanther.” It’s true that both bands are duos and use minimal drums for their sing-along anthems. But Matt throws his hands in the air while he plays.
•<\!s><\i>My own birthday party, 21 Grand, July 15. Performances by Quintron and Miss Pussycat, Mirror Dash, Harry Marry, Dinky Bits, Always, Sharon Cheslow and Elise from Magic Markers. I felt like I had my own MTV Sweet Sixteen episode.
•<\!s><\i>Sonic Youth, Bill Graham Civic Center. Not only was I tripped beyond because they even played “Mote,” but I also got to drone on it! Thurston looked over when their never- ending outro started, smiled, and threw his guitar to me. They even gave me all of their leftover catering.
•<\!s><\i>7 Year Rabbit Cycle, Ache Horns (Free Porcupine). This is one of the best records that I have ever heard. It’s a shame that they never get to play live because it is one of the most powerful things that you will ever see.
•<\!s><\i>Xiu Xiu, The Air Force (5 Rue Christine). Does anyone else think the cover looks like Jamie Stewart as Jesus Christ?
•<\!s><\i>Macromantix at 12 Galaxies, November
This MC came straight from the Oz and killed the small crowd.
•<\!s><\i>Deerhoof live. Their free, download-only EP of covers and live tracks made it to the top of my iTunes for 2006. But seeing them go completely nuts under a public microscope has been so rad. Next time you see them look for the John Dieterich strut during “Flower.”
•<\!s><\i>Matmos, The Rose Has Teeth in the Mouth of the Beast (Matador). One of the best electronic -based records to come out in years.
•<\!s><\i>High Places. It’s like the Beach Boys on more drugs. But High Places don’t do drugs. Mindfuck, right?
•<\!s><\i>Quintron and Miss Pussycat at 12 Galaxies, July 14
•<\!s><\i>Barr, “The Song Is the Single” 7-inch (PPM).
Brendan Fowler plows through an enormous amount of subjects like touring, loneliness, breaking up, pop music, and his song sucking — in a mere four minutes! The crowd left with their jaws on the floor when he premiered this at the Hemlock in July.
•<\!s><\i>Peaches live and Impeach My Bush (XL)
Peaches’ live show is on fire. She is now backed by JD (Le Tigre), Sam Mahoney (Hole) and Radio Sloan (The Need), who make up the Herms, the best backing band in rock history.

SONNY SMITH
SINGER-SONGWRITER
•<\!s><\i>Edith Frost. A Chicago transplant to the Bay Area — her solo opening set for Bert Jansch was casual, personal, and real. Great American Music Hall, Oct. 25.
•<\!s><\i>Jesse Hawthorne Ficks. The guy that puts all the midnight triple-bills together at the Castro. He’ll make you realize that seeing Who Made Who when you were 12 is more important than seeing Citizen Kane in college or Cassavetes in film school.
•<\!s><\i>Alice Shaw. Few artists turn the camera on themselves so consistently and keep it lighthearted and meaningful at the same time.
•<\!s><\i>Omer. The guy that plays on Valencia. Year after year he remains this city’s most dedicated, unique, sincere, bizarre, angry, chipper, crazy, and prolific performer. If you’re intertwined with music so much that you play in the rain on the street every night then you’re operating on a whole other level.
•<\!s><\i>Bert Jansch. One nice thing about the neo-folk trend is that he’s out touring and making records. At the Music Hall, he dressed like a regular old, unassuming guy and launched immediately into a song about a friend murdered by Pinochet. True folk music.
•<\!s><\i>24th Street Mini Park. The most beautiful, selfless, and innocent piece of art this city has created that I know of.
•<\!s><\i>Packard Jennings. He exposes greed, reveals hypocrisy, uncovers lies. A rebellious social commentator, this artist is totally anti-authoritarian, so we like him.
•<\!s><\i>AM Radio. Neverending home of complete insanity. Fascists, paranoid conspiracy theorists, hate mongers, xenophobes, racists, psych-babble freaks, radical religious zealots, and right-wing patriot sociopaths. Truly the theater of the absurd.
•<\!s><\i> Dark Hand Lamp Light. One of the first times I’ve seen music and visual art melting so perfectly together to tell good old-fashioned stories.
•<\!s><\i>Sister Madalene. There is no problem she cannot solve. One visit will convince you and lift you out of sorrow and darkness.

MISSION CREEK MUSIC AND ARTS FESTIVAL STAFF
TOP NINE PLUS FAVORITE MISSION CREEK SHOW
(1) <\i>Jeff Ray (founder/producer): Best show — The Knife at the Mezzanine. Best record — Dwayne Sodahberk, Cut Open (Tigerbeat 6).
(2) <\i>Jon Fellman (co-producer): Best show — Slits, T.I.T.S., and Tussle at Uptown. Best CD — Kelley Stoltz, Below the Branches (Sub Pop).
(3) <\i>Lianne Mueller (graphic designer): Best show — Beirut at Great American Music Hall. Best CD — Lambchop, Damaged (Merge).
(4) <\i>Moira Bartel (sponsorship): Best show — Cat Power at the Palace of Fine Arts.
(5) <\i>Ashley Sarver (programmer): Favorite show — Sprite Macon at Amnesia. Favorite album — Joanna Newsom, Ys (Drag City).
(6) <\i>Molly Merson (sponsorship): Best show — Alejandro Escovedo and Jeffrey Luck Lucas at 12 Galaxies. Favorite album — Bob Frank and John Murry, World Without End (Bowstring).
(7) <\i>Brianna Toth (publicity, programmer): Favorite show — Dead Science with Casiotone for the Painfully Alone and Sholi. Favorite album — Paris Hilton, Paris (WEA).
(8) <\i>Katie Vida (arts curator): Best show — Anselm Kiefer at SFMOMA. Best album: Beirut, Gulag Orkestar (Ba Da Bing). Best man: Stanley Kunitz (1905-2006), Poet Laureate of the United States in 2000.
(9) <\i>Neil Martinson (programmer): Show — Os Mutantes at the Fillmore. Record — Winter Flowers, Winter Flowers (Attack Nine). Musical trend — Master Moth.
(10) <\i>Favorite Mission Creek show of 2006 — Silver Sunshine, Citay, Willow Willow, and Persephone’s Bees at Rickshaw Stop, May 20.
The Mission Creek Music and Arts Festival will be happening from May 10–<\d>20; go to www.mcmf.org for more information.

Gavin Newsom’s datebook

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EDITORIAL Kirsten Gillibrand, a newly elected member of Congress from Hudson, NY, has made a simple promise that could have dramatic impacts — and that should serve as a model for public officials like Mayor Gavin Newsom. Gillibrand, according to the New York Times, has promised to post her work calendar — all of it, including the names of lobbyists she’s met with — on the Web at the end of every day. It’s hardly an onerous task — any competent staffer can do the work in a matter of minutes. And it will, she says, give her constituents a clear idea of what she’s doing to earn her public salary.
There’s a broader benefit, of course: by releasing a full account of how she spends her time, Gillibrand will go a long ways toward eliminating what the Times calls “the secrecy that cloaks the dealings of lawmakers and deep-pocket special interests.” A broad-based move like this will help restore voters’ faith in government — a huge deal for the Democratic Party and for the future of American politics. Incoming House speaker Nancy Pelosi ought to join Gillibrand and direct the rest of the House Democrats to do the same.
And we hope Mayor Newsom is paying attention.
Newsom is not a terribly accessible mayor. His public appearances are typically crafted to give him the spotlight without any potential for embarrassment. He’s refusing to comply with the will of the voters and appear before the Board of Supervisors to answer questions. And despite the provisions of the San Francisco Sunshine Ordinance, he continues to resist publicizing his full schedule.
Wayne Lanier, a retired scientist who lives in the Haight Asbury, has been trying for some time to get the mayor’s calendar and on Dec. 11 filed a complaint with the Sunshine Ordinance Task Force. What Lanier wants ought to be pretty straightforward information: there’s no reason the mayor can’t provide a list of whom he met with last week and whom he’s scheduled to meet with next week. But even when the mayor has provided that sort of information in the past, it’s been limited and spotty: all kinds of supposedly private meetings don’t make the list. It’s a good bet he’s involved in all manner of talks with lobbyists and deep-pocket interests who are never publicly identified.
Newsom is up for reelection next year and so far has no visible challengers. So it’s even more important that he not duck public requests for information. He should do exactly what Gillibrand promises to do: tell the public, promptly and without undue redaction, just how he’s spending his time.SFBG