Sunshine

A memo to constituents of Rep. Nancy Pelosi

2

By Bruce B. Brugmann

To fellow San Franciscans:

Now that even the San Francisco Chronicle/Hearst has declared in a lead front page story that Pelosi will legislate
“from the middle,” the Guardian recommends at minimum three specific proposals for her constituents to push theincoming speaker of the house to do to seriously represent San Francisco values.

l. Pelosi needs to allow Congress to start impeachment proceedings against President Bush and Vice-President Cheney. Bush has rejected the modest recommendations of the Iraq Study Group and Friday’s New York Times reported in one story that Sen. John McCain as saying in Baghdad that the “military considers sending as many as 35,000 more U.S. troops to Iraq” and another story that “Top commanders appear set to urge larger U.S. military.” Only impeachment proceedings will provide the leverage to halt the terrible losses of blood and treasure. See current Guardian editorial link above “Impeachment is now the only option.”

2. Pelosi needs to use the power of her new office to help pass a federal shield law that would uphold the rights of journalists and news outlets to protect the identity of their sources and to keep possession of their unpublished/unaired material. In the meantime, she needs to help push the Bush administration to stop wrongfully persecuting Joshua Wolfe, a 24-year-old freelance videophotograher now in federal prison in Dublin for refusing to give up his unedited tapes of a 2005 demonstration in San Francisco. He is the only journalist in jail in the U.S., has been in jail longer than any U.S. journalist ever and may stay in jail until the new federal grand jury is impaneled next July. She ought to also help push the Bush administration to hold its fire against two reporters from the Chronicle who face l8 months in jail for refusing to reveal the sources of a grand jury investigation in the Balco scandal. My feeling is that these abusive actions against the press in San Francisco by the Bush adminstration have targeted our city because of its San Francisco values, in this case its tradition of dissent and anti-war activity. Pelosi could start on this issue and promote lots of good will by meeting with the mother and supporters of Wolf. (See link below.)

3. Pelosi needs to introduce and push a a bill to eliminate the Presidio Trust, return the land to the National Park Service where it belongs, and overturn the precedent that is leading to a conservative movement to privatize the National Park system. She made the original mistake of leading the move to privatize the Presidio, on the phony argument of saving it from the Republicans, but now her Democrats are in power and it is time for her to right the wrong. Otherwise, the private Presidio Trust will keep asking for and getting tens of millions of federal money to subsidize a private, commercially driven, ruinous park operation, without sunshine and accountability, without any city zoning control, in growing opposition to neighborhors. Most important, the Pelosi park principle will further fuel the move to privatize the national park system. In effect, Pelosi created the model for the theft of one of our greatest resources, the national park system. (See Guardian editorial link, “A key test for Pelosi.”)

These are some real San Francisco values for Pelsoi to support. If she doesn’t, she risks leaving a legacy for failing to stop the Iraq War and selling off the Presidio and establishing the precedent for selling of our national parks. B3, celebrating San Francisco values since l966

PS: How to help Josh after the jump

One word: plastics

0

› paulr@sfbg.com
These days it is hard to be sure if the American way is war or plastic. Probably both, and since plastic is a petroleum product, and petroleum is a perennial occasion for war, we are probably not talking about a meaningful difference. Kevin Phillips describes the United States as the petroleum hegemon in his recent book American Theocracy (Viking, 2006), and the proof that he’s right is all around us. To the extent that we make anything at all anymore, we make it out of plastic: dashboards, lawn furniture, coffee mugs, picnic knives, even clothes. Why bother draping yourself in velvet or cotton when you can swaddle yourself in Lycra spandex or Gore-tex or some other synthetic fiber spun from oil and bearing a name that ends in x?
Although I make every effort to avoid wearing petroleum-based products, I concede that plastic has its uses. In particular, I favor the plastic wine cork, which (unlike the natural kind) poses no risk of tainting the wine with fungus, or even of just crumbling to dust, while preserving (as screw tops do not) the forms and rituals of uncorking. And I am pleased to report that plastic-cork technology seems to have improved sharply in just the past year or two.
Recently I popped open a couple of bottles — of Husch chenin blanc and Gundlach Bundschu merlot — and found I could not easily tell whether the corks were natural or plastic, at least not in the midst of holiday hubbub and bad lighting. I set the corks aside for further scrutiny in the morning sunshine. I actually ended up having to cut them open with my trusty Wüsthof trimming knife to make a final determination: a kind of wine-cork autopsy.
Both corks had the springiness of natural cork. Both had natural cork’s coloration, beige with darker specklings. The principal hint that the Husch cork was manufactured had to do with its near-perfection of shape. I was almost certain the Gundlach cork, too, was plastic, until I slashed it open and found the unmistakable flakiness of real bark inside. Another clue, unnoticed until some time later, was that the bottom of the Gundlach cork was stained red from the wine; the Husch cork, by contrast, was immaculate on both ends, though it did come from a bottle of white wine — so, not quite a fair fight, maybe.

Mining metadata

0

The Board of Supervisors’ Rules Committee unanimously recommended Nov. 30 that all parts of a city document should remain in the public domain, including the document’s electronic fabric, or metadata.
If approved by the full board, which seems likely, the decision will signal a victory for a small but vocal group of activists who view metadata as an important front in the battle for public access to government documents.
Metadata is defined as data about data — information that can reveal nuances of a document, such as where it was created, how it was modified, and when it was transmitted. If you know how to use the Track Changes function in Microsoft Word, for instance, you can glean how a document’s numbers were calculated or how its text evolved.
Local activists Allen Grossman and Kimo Crossman argue that such access to city documents is one of our privileges as citizens: we pay for city government to represent us with our tax dollars and therefore have the right to track almost everything it does — down to the faintest of electronic fingerprints on an Excel spreadsheet. Grossman and Crossman got involved with the fight for metadata when board clerk Gloria Young denied their request for a copy of the Sunshine Ordinance in its original Microsoft Word format.
“Are we gadflies, whatever that means?” Grossman asked the Guardian the day before the Rules Committee made its recommendation. “I don’t think so. I think we have an interest in making sure that everyone else knows what’s going on.”
Some city officials say that granting boundless access to documents and their metadata is risky. Deputy city attorney Paul Zarefsky wrote a five-page memo expounding the dangers: it could let hackers into the computer system; it could leave city documents open to manipulation; it could burden city officials with more data awaiting redaction.
He and Young proposed that all city documents should be presented to the general public as PDFs, or portable document formats, which would exclude any metadata from the original document.
The Rules Committee’s recommendation unanimously rejected that proposal. Supervisor Ross Mirkarimi argued that while requests for metadata might be a nuisance to city officials, the city is still responsible for providing “all native data” to the general public that is consistent with the Sunshine Ordinance. When Supervisors Tom Ammiano and Sean Elsbernd agreed, room 263 at City Hall erupted with applause.
“The fact is that we’re entitled to see all public information that is not exempt,” Grossman told us. “To the extent that public information is buried in the other data, the metadata, we’re still entitled to see it.”

The devil in the metadata

0

The Rules Committee of the Board of Supervisors is considering whether or not the city should allow its departments to release electronic documents that include metadata. Although the Sunshine Ordinance Task Force has already hashed over the minutiae of this issue and ruled that metadata can and should be released, the mystery enshrouding what it is, and the lack of any specific policy or known precedent in other cities or states with public records laws has pushed the discussion upstream to where a formal legislation has become a possibility.
Freedom of information purists are saying all the parts and pieces of a document are part of the public domain, while the City Attorney’s Office is claiming another layer of protection may be required.
Metadata entered the realm of public discussion in San Francisco after citizens started making requests of electronic documents with a specific plea for metadata. Activists Allen Grossman and Kimo Crossman wanted copies of, ironically enough, the city’s Sunshine Ordinance, in its original Microsoft Word format. Grossman and Crossman wanted to use the advantages of technology to follow the evolving amendments the Sunshine Ordinance Task Force members were considering for the city’s public records law. These “tracked changes” are a common function in Word, and are, technically, metadata.
When Clerk of the Board Gloria Young received these specific requests for Word documents, not knowing what this “metadata” was or what to do about it, she turned to the office of City Attorney Dennis Herrera for advice.
Deputy City Attorney Paul Zarefsky initially gave oral advice to Young, and when pressed by the Sunshine Ordinance Task Force, issued a five-page memo in response, arguing that release of documents with metadata could pave a path for hackers into the city’s computer system, render documents dangerously vulnerable to cut-and-paste manipulation, and invite another unwelcome burden of reviewing and redacting for city officials. Young followed his advice and proffered the requested documents as PDFs.
A PDF, or “portable document format,” is essentially a photograph of the real thing, and contains none of the metadata that exists a couple clicks of the mouse away in a Word document. Evolving changes can’t be tracked, and PDFs don’t have the same searchability that Word docs have. So PDFs of the Sunshine Ordinance that Young provided didn’t have the functions that Crossman and Grossman were looking for, and were utterly useless for their purposes.
“It’s 92 pages,” Grossman said of the PDF Sunshine Ordinance. “I can’t search it electronically if I want to find something. This document I received is of no use to me.”

Meta-what?
Before delving too deep into the intricacies of current city politics, let’s pause for a moment to note that you don’t need to be a Luddite to have no idea what metadata is. It sounds like some diminutive or ethereal version of the real thing. In a sense, it is.
Simply put, metadata is data about data, and grows with weed-like tenacity in the electronic flora of the twenty-first century. Common examples include the track an email took from an outbox to an inbox, details about the owner of a computer program, or the laptop on which a Word document has been typed.
Metadata becomes cause for concern when there is something to hide. Not readily visible, metadata requires a little sleuthing to reveal, but in the past it’s been used to uncover deeper truths about a situation. For example, attorney Jim Calloway relates on his Law Practice Tips blog a divorce case where custody of the child was called into question because of the content of emails sent from the mother to the father. The mother denied she’d sent the emails, though the father vehemently insisted she had. A court forensics investigation found metadata showing that, in reality, the father had written the emails and sent them to himself.
“Metadata speaks the truth,” Calloway writes. “My position has always been that a tool is a tool. Whether a tool is used for good or evil is the responsibility of the one who uses the tool.”
Lawyers have historically advised that metadata be fiercely protected. Jembaa Cole, in the Shidler Journal for Law, Commerce and Technology wrote, “There have been several instances in which seemingly innocuous metadata has wreaked professional and political havoc.”
Cole goes on to cite a gaffe from Tony Blair’s administration – a document about weapons of mass destruction was available on the government’s web site, which claimed the information was original and current. Metadata showed that, not only had the information been plagiarized from a student thesis, it was more than ten years old.
Cole urges lawyers to take an aggressive tack against revealing metadata, by educating offices about its existence, making a practice of “scrubbing” it from documents, and providing “clean” documents in PDF or paper form.
The city attorney’s office has taken a similar stance. Spokesperson Matt Dorsey told us metadata has been a part of the continuing education of the city attorney’s office. However, all past case law of which they are aware focuses on metadata in the context of discovery and “the conclusion of most state bars is that they have the obligation, under attorney-client privilege, to review metadata prior to discovery,” he said. “The issue of metadata is a relatively new one in legal circuits. It isn’t a brand new issue to us, but it is in the context of Sunshine,” said Dorsey, who maintains that metadata could still fall within the standard redaction policies of the public records act.
Terry Franke, who runs the open-government group Californian Aware, argues that “the city attorney needs to complete this sentence: ‘Allowing the public to see metadata in Word documents would be a detriment because…’ What?”
“From the beginning of this discussion the city attorney has never provided a plausible, practical, understandable explanation of what is the kind and degree of harm in allowing metadata to be examined that justifies stripping it out,” Francke said.

To the task force
When Grossman and Crossman were denied the documents as they’d requested them, they filed complaints with the Sunshine Ordinance Task Force. In their cases, first heard on Sep. 26, they argued there should be no concern that the text of Word documents could be manipulated – anybody with a gluestick and a pair of scissors could do that to any piece of paper. That had been a consideration when the Sunshine Ordinance was drafted, and why the city always retains the undisputable original.
Thomas Newton, of the California Newspapers and Publishers Alliance, who was involved in drafting the state’s public records law, agreed with them. “If you follow his logic, you can’t release a copy of any public record because, oh my God, someone might change it,” Newton told us.
Crossman and Grossman also pointed out that to convert documents from Word to PDF invites even more work to a task that should be as burden-free as possible. It’s a regular practice for the clerk of the board to maintain documents as PDFs because that preserves signatures and seals of ratified legislation, but to make it a policy of all departments could invite a landslide of work, printing out documents and converting them to PDFs – not to mention undermining the notion of conserving paper.
Also, translation software and the “screen reader” feature that a blind person might employ to “read” an electronic document, don’t work with PDFs.
First amendment lawyers also offered written opinions on the issue. “Some of the city’s arguments have no support in the law whatsoever,” wrote Francke. “The fundamental problem for the city is that it has no authority to legislate a new general exception of exemption from the CPRA (California Public Records Act), and that’s what’s being advanced here.”
“The city’s scofflaw position represents the status quo ante, the old law that used to allow an agency to provide a copy of computer data ‘in a form determined by the agency.’ The city’s position has been directly and completely repudiated by the legislature. If the city disagrees with the law, it should come to Sacramento and get a bill,” wrote Thomas Newton, general counsel for the California Newspaper Publishers Association (CNPA).
As for the hacker scare, Zac Multrux, an independent technology consultant was invited to the Sep. 26 hearing by task force member Bruce Wolfe to speak about the dangers of metadata. He suggested a number of technological tools that are available for purchase or are free online, that will “scrub” metadata from documents. He said that while it’s true that someone with ill intent could mess with metadata, “I think someone would need a whole lot more than the name of a computer” to hack into the city’s system. “Personally, I don’t see it as a significant security risk,” he said.
It was also pointed out at the hearing that a variety of city, state, and federal departments already make Word and Excel documents available. Wolfe did a quick online search and found more than 96,000 Word documents on the State of California web site. “They’re not afraid to make Word documents public online,” he said.
Over the course of two hearings the task force found no basis for Zarefsky’s claims in either the city’s law or the California Public Records Act – both of which explicitly state a document should be released in whatever format is requested, as long as the document is regularly stored in that format or does not require any additional work to provide.
The task force found Young in violation of the ordinance and she was told to make the documents available in Word format. No restrictions or rulings were made for future requests, but task force member Sue Cauthen said, “I think this whole case is a test case for how the city provides documents electronically.”

What’s next?
As requested, Young had the Sunshine Ordinance, in Word format, pulled from the city’s files and posted on a separate server outside of the city’s system to be viewed. Crossman, noting the added labor and resources for that provision, wondered if that would happen to all public records requested in Word format, so he cooked up another request to test his theory.
He asked for all the pending and accepted legislation for the month of September from the Board of Supervisors, in Word format.
While the Sunshine Ordinance Task Force had found that withholding documents because of metadata was against the law, redaction of privileged information is still legally necessary, and Young continued to follow the city attorney’s advice that a PDF with no metadata was still the safest, easiest way to comply. She told us, “I don’t take their advice lightly.”
Zarefsky’s opinion said departments “may” provide PDFs instead of Word documents and that “metadata may include a wide variety of information that the City has a right — and, in some cases a legal duty — to redact. Young’s office does have pending legislation in Word format, she says it does not fall within the expertise of her staff to review and redact the metadata in those documents because they didn’t author them. “Since we don’t create the documents, how could we ever know whether the metadata should be released? We don’t know what it is,” she told us. “We couldn’t even hire expertise that would know.”
“I can’t imagine there’s so much toxic stuff in Board of Supervisors records they can’t let out,” Grossman told us. “This is a whole mystery to me.”
“It’s just data,” says Crossman. “City employees created it on our dime. Unless it falls under redaction discretion, entire documents should be provided.”
Young took the issue to the legislators who do draft the legislation, asking the November 2 meeting of the Rules Committee for further policy consideration. Miriam Morley spoke on behalf of the city attorney’s office, and said there was a sound legal basis for providing documents as PDFs, but that this was an evolving area of the law that the city attorney’s office wasn’t aware of until about 9 months ago. They could find no other cities currently grappling with the issue, but she said, “Our conclusion is that a court would likely hold a right to withhold a document in Word.”
The committee decided to research the issue further before making a ruling. Committee chair Ross Mirkarimi said he had been integral to the drafting of the Sunshine ordinance, and to rush a decision could be detrimental.
“It seems to me in the spirit of the Sunshine law this is something we should really look at,” Tom Ammiano said. It’s currently at the call of the Chair of Rules and no date has been set for the Rules Committee to hear it again.
A policy in San Francisco could set a real precedent for public records law, but according to many first amendment lawyers, for the Board to do so would be a violation of state law. “I know of no other city, county, or subdivision of state government or state agency that’s disregarding the clear intention of the law as some elements of San Francisco city and county government are planning to do,” Newton told us.
“It’s a debate that can’t really occur outside of a proposal to change the state law,” he said. “The Board of Supervisors can’t pick and choose which law to comply with,” and he said the state’s constitution and public records act trumps the city, which is reading the law too narrowly. “They’re required to give a broad interpretation of this access law. If they don’t like it they should come to Sacramento and get a bill,” he said.
“I think a lot of city departments, and policy and advisory bodies can save themselves a lot of headaches by declaring as policy that they will provide documents in their original formats,” task force member Richard Knee said. “With metadata.”

Fast Food Nation

0

Book lovers always lament movie adaptations: they rarely deliver. But Fast Food Nation, like a swift injection of growth hormone, adds flesh and character to the very real problems of where America’s food comes from and the different ways it’s absolutely mishandled. The feature film is based on the 2001 nonfiction book by journalist Eric Schlosser, who helped director Richard Linklater finesse the screenplay into something of a morality tale tracing the true origins of a Mickey’s hamburger.
Following the tangled strands of food production and consumption, the film jumps between the perspectives of exploited immigrant workers clad in Hazmat suits in a meat processing plant and Greg Kinnear playing the hapless corporate hack trying to figure out just how in the heck his company’s Big Ones are coming up contaminated on the buns. There’s a predictable arc to the narrative, most noticeable in teenage character Amber (Ashley Johnson), a bright-eyed Mickey’s employee who gets a see-the-light lesson from her ex-activist uncle (Linklater favorite Ethan Hawke). Paul Dano (Little Miss Sunshine) as the apathetic burger flipper is the perfect antidote to Amber’s painful optimism, serving up some old food service clichés. But his spit in the burger isn’t the biggest “eww-gross” moment.
Linklater, a vegetarian, wasn’t able to get permission to shoot in an American meat processing plant, so the movie uses real footage from a Mexican one that agreed to be filmed because Schlosser’s tale casts a true light on America’s despotic immigration policies. The scenes of women trading sex for jobs at the border-town plant become very believable when juxtaposed with images of real-time slaughter. Schlosser said workers at a Greeley, Colo., plant whom he interviewed for the book criticized the movie after a screening in Denver — the Mexican plant looked too sterile and unrealistic compared to where they work.
It’s been 100 years since Upton Sinclair’s The Jungle inspired laws to reform meat packing plants. By turning journalism into fiction and transutf8g that from print to real, stomach-turning imagery, Fast Food Nation once again questions America’s massive appetite. I still haven’t eaten meat since I saw the scene in which a cow’s skin is stripped off its body with a chain and a winch, a process more befitting an offshore oil rig than a slaughterhouse. (Amanda Witherell)
FAST FOOD NATION
Opens Fri/15 in Bay Area theaters
See Move Clock at www.sfbg.com
www.foxsearchlight.com/fastfoodnation

The new sunshine “problem”

0

EDITORIAL Matt Dorsey, who handles press for City Attorney Dennis Herrera, stopped by last week to talk to us about the barrage of public records requests that are coming in from one activist, Kimo Crossman, who is demanding so many records and so much information from so many departments that it’s costing the city big money.
The problem, Dorsey says, is a lot of the records that people like Crossman request (particularly if they have metadata, or hidden computerized information, embedded in them) have to be reviewed by a lawyer before they’re released to determine if any of the internal information might contain something confidential. The city typically accounts for its legal work at about $200 an hour — and already, Herrera’s office has spent hundreds of hours scouring records just to satisfy one aggressive gadfly whose sunshine activism is, we have to agree, sometimes rather scattershot. That’s a hefty taxpayer bill.
Dorsey’s done more for promoting open government than anyone who has ever worked for the Office of the San Francisco City Attorney, so we don’t dismiss his concerns. And we’ve said before and we’ll say again that the Sunshine Task Force needs to take up this issue, hold hearings, and make some policy recommendations.
Still, we had the same response we typically do when public records are at issue:
Why all the effort? Why the fuss? Just release the stuff. Give Crossman what he wants, and that will be the end of it.
Dorsey’s response: state law and state bar requirements mandate that attorneys, including municipal attorneys, carefully monitor all documents that might contain metadata and “at every peril to himself or herself” prevent any potentially confidential material from accidental release. “The lawyers in our office risk real penalties if they don’t carefully review every one of these requests, and that takes a lot of time,” Dorsey told us.
Well, if that’s a problem, the city and the state need to address it right now. Metadata is increasingly becoming part of government activities and will increasingly be part of public records requests by community activists. And there’s no reason that city employees, including city lawyers, should have to fear retribution if they make a good-faith effort to release information to the public.
Under state and local law everything the city government does is presumed to be public, unless it falls under one of a set of very narrowly defined exemptions.
But in San Francisco there’s been a culture of secrecy at City Hall that goes so far back and is so deeply inbred it’s hard to remove it from the political DNA. All sorts of deals are done behind closed doors. It’s considered perfectly acceptable to promise vendors bidding on public contracts that they can keep basic financial data secret. Every city official seems to think that every request needs legal review.
It’s ridiculous — and the supervisors, the mayor, and the city attorney should take some basic steps to end it.
For starters, the supervisors should pass a clear policy statement that says no city employee shall face any disciplinary action of any sort stemming from a good-faith effort to release information to the public. Herrera should tell his lawyers the same thing: nobody gets in trouble for handing out information.
Yes, there are sensitive documents, particularly in the City Attorney’s Office — but overall, the risk to the city of a mistaken release of confidential information is far, far lower than the risk (and the cost) of continuing this deep culture of confidentiality.
If that creates a problem with the state bar, Assemblymember Mark Leno should introduce a bill that eliminates any penalties or consequences for public agency lawyers who, in good faith, allow the release of public information that may unintentionally include confidential material.
Meanwhile, Crossman has a good idea: why not create a publicly accessible database that gets automatic copies of every document created at City Hall (unless there’s a damn good reason to mark it secret)? That way the busiest of the advocates can spend their time searching the files on their own, and the lawyers can go back to fighting Pacific Gas and Electric Co. SFBG

And now City Hall claims there’s a new “sunshine” problem. We suggest how to deal with it.

2

By Bruce B. Brugmann

The City Attorney and City Hall are lathered and steamed these days because of a barrage of public records requests from Kimo Crossman, a public records activist with few equals.

The principle seems to be: go after Kimo full bore but do not molest PG@E on its low franchise fee in perpetuity, the lowest in the state,or its private power monopoly that is illegal under public power mandates of the federal Raker Act and U.S. Supreme Court. So we offer some suggestions on how to deal with the new “sunshine” crisis.
For starters, Kimo has a good idea: create a publicly accessible database that gets automatic copies of every document created at City Hall (unless there’s a damn good reason to mark it secret). That way the busiest of advocates can spend their time searching the files on their own, and the city’s lawyers can do what they ought to be doing, fighting PG@E. B3

SFBG: The new sunshine “problem”

City hall’s new secrets

0

EDITORIAL Back in 1999 reporter Scott Rosenberg dug up a juicy little scoop for Salon: he found out that part of Microsoft’s annual report was written on an Apple computer. That caused the giant purveyor of Windows software (and Apple competitor) no small amount of embarrassment. And Rosenberg did this without any secret source or leaked records; he just looked at the metadata embedded in the files of public company documents.
Metadata is part of the new frontier of public-records law. It’s the stuff you can’t see that’s hidden in digital versions of, say, Microsoft Word documents. It shows what computer (and type of computer) created the document and often shows the revisions the document has gone through. It’s sort of an electronic history of what used to be something typed on paper — and as such, it’s extremely useful to researchers who want to follow what the government is doing.
It’s also, all too often, something that public officials want to hide. That’s the case in San Francisco, where Gloria Young, the clerk of the Board of Supervisors, has refused to release copies of the original Word versions of what are clearly public records. She wouldn’t, for example, give out a Word copy of the city’s Sunshine Ordinance.
That’s a mistake — and the Board of Supervisors needs to direct Young to change her policy.
Young isn’t refusing to release the records per se — she’s had them made into PDFs, the electronic equivalent of photocopies that don’t contain the embedded data. And she’s released those versions. The office of City Attorney Dennis Herrera concluded Sept. 19 that city officials have the right to withhold metadata and provide documents only in PDF format. The argument, contained in a six-page memo, goes more or less like this:
A Word version of a document can be edited and changed — and thus someone who requests a public record might alter it and then pass it off as a true version.
Besides, metadata might possibly contain privileged information (legal advice from an attorney). It might include early drafts of a document (which are exempt from disclosure but really shouldn’t be). And it might give somebody with evil intent the ability to hack into the city’s computer system and do a lot of damage.
In the end, deputy city attorney Paul Zarefsky argues, figuring out where there is and isn’t metadata and what it might include is a huge job that requires special skills and would be inordinately burdensome for city agencies.
The first argument is just silly. Sure, somebody could take a copy of a city record and alter it — but enterprising scammers have always been able to take real records and turn them into phonies. That’s why the city keeps the originals on file and releases only copies.
The rest of Zarefsky’s analysis is a bit more complex. But in the end the posture of the city is far too defensive. This is, after all, data that was produced by city employees on the taxpayers’ dime. And like just about everything else the city produces — with only narrow exceptions — it ought to be released to the public.
We don’t buy the argument that there are vast stores of deep secrets lurking in the metadata that might somehow damage the city’s interests. There may be a few specific cases in which documents have been reviewed by the City Attorney’s Office and might include confidential advice. But most of the material will simply show who created the document, how it was edited (and by whom), and how all of that relates to the final product. Like the Microsoft revelation, some of that might embarrass city hall — but that’s not an excuse to keep it secret.
Tom Newton, general counsel for the California Newspaper Publishers Association, noted in a Sept. 22 letter to the Sunshine Ordinance Task Force that the “CNPA is aware of no other state or local agency that has adopted this restrictive policy.”
Herrera’s office, interestingly, isn’t arguing that all metadata must be secret — the opinion only says that department employees have the ability to withhold it if they want to. That’s where the supervisors need to weigh in.
Young asked the Rules Committee on Nov. 2 for policy direction on the matter. The committee heard testimony and took the matter under advisement.
The chair, Sup. Ross Mirkarimi, should bring up the issue again at the next possible meeting, and the committee should direct Young — and all other city officials — to stop using metadata as an excuse to withhold documents. San Francisco ought to be taking the lead here and setting a policy precedent for cities across the state. SFBG
PS This is just one example of what seems to be a renewed war on sunshine at City Hall. The task force just had its budget cut and no longer has a full-time staffer assigned to it (although the Sunshine Ordinance mandates full-time staff assistance). The supervisors should make it clear that San Francisco isn’t going to slide backward into the old, dark days.

EDITOR’S NOTES

0

› tredmond@sfbg.com
I tell this story to politicians a lot, and I’m telling it again because there’s an awful lot of angst at City Hall over the demands of a few (admittedly madly aggressive) sunshine advocates who are coming close to paralyzing some departments.
The tale goes back, way back, to about 1986, when a reporter named Jim Balderston and I got onto a story about the horrible, potentially deadly problem of asbestos contamination in the public schools. We called Ray Cortines, who had just taken over as school superintendent, and asked to see a long, long list of district records — the sort of broad, sweeping request that makes city attorneys work hundreds of hours trying to decide how to comply.
But Cortines didn’t call the city attorney. He invited us over to district headquarters, took us into a room filled with file cabinets, and said: here you go. He told a staffer to help us make copies of what we needed. Then he left us alone.
No district lawyer sat in the room checking to be sure that there was nothing confidential in the files. Nobody prescreened the stuff for possible secrets.
We spent a week there and came out with some amazing stories that embarrassed a lot of district officials — and may have saved the lives of a lot of kids.
I’m sure there were reams of documents in those files that contained what are technically confidential bits of information. But here’s the amazing thing: nothing bad happened.
The district didn’t lose any lawsuits because of what ran in the paper. No labor contracts were jeopardized. No personnel records were wrongly exposed. Not a goddamn thing.
This is what drives me nuts about “metadata” and all the other stuff that gadflies like Kimo Crossman are asking for, tying the City Attorney’s Office in knots and costing the taxpayers all this money.
Please: just give it to them. The republic will survive. SFBG

Rock between wars: Ecstatic Sunshine

0

Vocalless but intensely lyrical electric-guitar duo Ecstatic Sunshine take risks on their first non-CD-R release, Freckle Wars (Carpark) — namely by eschewing a drummer or even a drum machine despite a tendency to craft manic post-rock buildups that seem to predict explosive toms and thundering cymbals. But these happy rockers are more interested in preparing sunshine than predicting rain. For two guys with guitars, they make remarkably unindulgent music.
“Most of the songs took us months to write,” Ecstatic Sunshiner Dustin Wong said on the phone from the group’s Baltimore practice space. It’s no accident that the second guitar — or one of them anyway; they’re well blended — seems to speak with a witty, melodic voice on tunes like the cascading “Power Ring,” which sounds like a deconstructed Kaki King tune, and “Beetle,” which resonates like an early Nintendo soundtrack made with an open guitar tuning on a beat-up Strat. When the Japan-raised Wong went back to Tokyo for a summer, co-Sunshiner Matthew Papich “sent e-mails with MP3s of new ideas,” Wong said. “He would record one part of the song at a time — an intro, for example — then I would record another track and send it back.” “Power Ring” is one such song. It’s as if they’ve boiled their musical ideas down to their essence.
Next on the phone, Papich told the same story, audibly excited about the musical friendship, which has only grown stronger since they signed to Carpark Records after founder Todd Hyman found out about them through Baltimore City Paper. Both musicians feel supported by the local scene. “For me, what distinguishes the scene in Baltimore — at least the one that we’re a part of — is its sense of humor and whimsy. It’s very positive, and everyone has a good time at shows,” Wong explained.
Papich and Wong met in art school when Wong, after completing two years at the California College of the Arts, transferred to the Maryland Institute College of Art. Papich had only played in grindcore bands — and not much since high school — before he started jamming with Wong for a friend’s art project.
They saw a similar spark in each other — perhaps the drive to make music with the wild vision and focused craft required by the visual arts world. “We were working with more abstract structures where we don’t repeat things,” Wong said.
There isn’t a boring moment on Freckle War’s 12 zippy, bittersweet tunes, though some sound raw — as in scratchy and frenetic — for the sake of getting someone’s attention. But so what? Wong left the CCA and San Francisco behind for no particular reason — if only we can listen with the same abandon.
Leaving San Francisco meant leaving old musical ideas behind. “Sometimes we get too comfortable with a certain structure, and then we break through that comfort zone,” he said. “To be comfortable is to be boring, and that’s not a place that I want to be in for writing music.” (Ari Messer)
ECSTATIC SUNSHINE
Wed/1, 9 p.m.
Hotel Utah Saloon
500 Fourth St., SF
$10
(415) 546-6300

Surfing new turf

0

› a&eletters@sfbg.com
Listening to the warm analogs, e-bowed guitar, and post-jazz swing that manifest on “Medium Blue” off Surf Boundaries (Ghostly International) — one of two new albums by Christopher Willits — you might assume that the instrumentation was performed by an ensemble of helping hands rather than simply the Bay Area electronic musician. And you’d be half right. The 28-year-old Kansas City, Mo., native executes many of the album’s compelling melodies and fizzling, ambient textures on guitar, laptop, and synths — aided at times by compañeros including Adam Theis, Brad Laner, and notably, R&B-pop vocalist Latrice Barnett on the calming orchestrations of stringed instruments and horns.
“My name’s on the record, but tons of collective energy came into making it happen,” explains Willits at a Mission District bar. “I outsourced some things to the brilliant friends around me.”
Their impact is evident: the CD shifts dynamically from the usual guitar-run-through-a-laptop drone and fuzz of Willits’s live sets. He says that he hopes to someday put together a band to perform a release like Surf Boundaries on tour. That plan isn’t a surprise, considering Willits’s determination to always have a full plate.
The Mills College graduate’s musical career has quickly taken flight since his move to the Bay in 2000. It’s amazing that Willits even has time for solo endeavors between playing with Flössin — his side project with Hella’s Zach Hill featuring guest noisemaking from Kid606, the Advantage’s Carson McWhirter, and Matmos — and ongoing collaborations with avant-garde musicians such as Ryuichi Sakamoto, and former Tool bassist Paul d’Amour. When not on tour, Willits spends his time at the Bay Area Video Coalition in San Francisco, where he began teaching digital audio workshops five years ago. With John Phillips, he also founded Overlap.org, an online community that aims to give exposure to electronic and experimental artists through blog feeds, podcasts, and live music events.
Much of Willits’s work as a solo artist and a collaborator is documented on labels such as Taylor Deupree’s 12K and Sub Rosa, but his recent alliance with the Midwestern electronic imprint Ghostly International may prove the most promising. “I really like Ghostly, because they’re more into artist development rather than boxing in artists’ sounds and constraining them from branching off,” Willits says.
Likewise, his latest offerings are all over the sonic map. The art alone for Surf Boundaries illustrates its ethereal mood: soft hues delicately wash images of animals scattered around a portrait of Willits. The music within strikes a wonderful symphonic balance between electronic composition and live instrumentation as Willits and his collaborators frolic with a blend of jubilant French pop, glitchy guitar, and shimmering psychedelia.
Along with Surf Boundaries’ cozy, sleepy appeal comes Willits’s shrill wake-up call with guitarist Brad Laner (Medicine, Electric Company) — the North Valley Subconscious Orchestra. The space pop–oriented unit gives the Creation Records class of ’91 competition with white-noise guitar treatments and alt-rock rhythms.
The duo met through mutual friend Kid606, and for Willits the collaboration was a dream come true.
“Laner is one of my guitar heroes,” he says, adding that when he first listened to his old Medicine cassette in high school, he mistook Laner’s nails-on-chalkboard approach to guitar playing for a stereo malfunction.
“I realized that the way he’s making that sound is that he’s running all his guitar effects into a shitty four-track and then cranking the preamps up on it, so it’s getting this full …” — Willits makes a fast, circular motion with his arms — “whish!”
Released in August as Ghostly’s first full-length available exclusively via download, NVSO’s The Right Kind of Nothing highlights Laner’s signature guitar bluster and Willits’s ability to dabble subtly in an aggregation of soundscapes. What results is a continuous squall of beaming shoegaze discord that feels like sunshine bursting into a dark room — only to be broken by heavy kraut rock tempos and Swervedriver guitars.
Though Surf Boundaries and The Right Kind of Nothing radically differ in sound and structure, both discs showcase Willits’s ambition to crack the electronic mold and move toward a contemporary vein of experimental rock.
“All I’m trying to do is feel out my own energy and relationship to my creative process,” Willits explains. “I could have never envisioned the albums sounding the way they do. I love being surprised by my own creativity.” SFBG
CHRISTOPHER WILLITS
With Daedelus, Caural, and Thavius Beck
Fri/20, 9 p.m.
Bar of Contemporary Art
414 Jessie, SF
$10
(415) 777-4278
www.sfboca.com
www.overlap.org

The first 40

0

› bruce@sfbg.com
On Oct. 27, l966, my wife, Jean Dibble, and I and some journalist and literary friends published the first issue of the first alternative paper in the country that was designed expressly to compete with the local monopoly daily combine and offer an alternative voice for an urban community.
We called it the San Francisco Bay Guardian, named after the liberal Manchester Guardian of England, and declared in our statement of intent that the Guardian would be a new model for a big-city paper: we would be independent and locally owned and edited, and we would be alternative to and competitive with the San Francisco Examiner and San Francisco Chronicle, which were published under a joint operating agreement that allowed them to fix prices, pool profits, share markets, and avoid competition.
We stated that “the Guardian is proposed, not as a substitute for the daily press, but as a supplement that can do much that the San Francisco and suburban dailies, with their single ownership, visceral appeal and parochial stance, cannot and will not do.” And we played off the name Guardian by stating that we would be “liberal in assessing the present and past (supporting regional government, nuclear weapons control, welfare legislation, rapid transit, tax reform, consumer protection, planning, judicial review, de-escalation and a promptly negotiated settlement in Vietnam.)” But the Guardian would also be “conservative in preserving tradition (civil liberties and minority rights, natural resources, watersheds, our bay, our hills, our air and water).”
It was rather naive to challenge the Ex-Chron JOA with little more than a good idea and not much money and a wing and a prayer. We had almost no idea of what we were getting into in San Francisco, a venue that Warren Hinckle of Ramparts and many other defunct publications would later describe as the Bermuda Triangle of publishing. But we had, I suppose, the key ingredient of the entrepreneur — the power of ignorance and not knowing any better — and somehow thought that if we could just get a good paper going, the time being l966 and the place being San Francisco and the world being full of possibilities, we would make it, come hell or high water.
Well, after going through hell and high water and endless soap operas for four decades, Jean and I and the hundreds of people who have worked for the Guardian through the years have helped realize the paper’s original vision and created something quite extraordinary: an influential new form of independent alternative journalism that works in the marketplace and provides what little real competition there is to the monopoly dailies. And let me emphasize, the alternatives do not require government-sanctioned JOA monopolies and endless chains and clusters of dailies and the other monopolizing devices that dailies claim they need to survive.
Today I am delighted to report that there are alternative papers competing effectively with their local chains throughout the Bay Area (seven, more than any other region), throughout the state from Chico to San Diego (22, more than any other state), and throughout the nation (126 in 42 states, with a total circulation of 7.5 million, and more coming all the time). There are even cities with two and three competing alternatives, and there are cities where the monopoly daily is forced by the real alternatives to create faux alternatives to try to compete (it doesn’t work). And alas, there is now a Village Voice–New Times chain of 17 papers in major markets, including San Francisco and the East Bay, that is abandoning its alternative roots and moving to ape its daily brethren.
Jean and I met at the University of Nebraska at Lincoln in 1957. Two friends and I were driving around Lincoln one fine spring day, drinking gin and tonics, which were drawn from a tub of gin and tonic that we had mixed up and stashed in the trunk of our car. We happened upon Jean and her younger sister, Catherine, who had come from a Theta sorority function and were standing on a street corner waiting for their mother to pick them up and take them to the Dibble family home in nearby Bennet (population: 412). We stopped, convinced them to ride with us, and got them safely home. They declined our offer of gin and tonics, as did their astonished parents and grandmother when we arrived at the Dibble house.
Jean and I made a good team. We both had small-town Midwestern values and roots in family-owned small-business. Her father owned lumberyards in small towns in southeast Nebraska. Her maternal grandfather founded banks in Kansas and Nebraska and was the state-appointed receiver for failed banks in Kansas during the Depression. Her paternal grandfather owned a grocery store in Topeka, Kan. Jean had the business background and the ability to create a solid start-up plan — she was a graduate of the Harvard-Radcliffe Program in Business Administration and had worked in San Francisco for Matson Navigation as well as Hansell Associates, a personnel firm.
I was the son and grandson of pioneering pharmacists in Rock Rapids, Iowa. (Population: 2,800. Slogan: “Brugmann’s Drugs. Where drugs and gold are fairly sold. Since l902.”) I had the newspaper background, starting at age l2 writing for my hometown Lyon County Reporter (under the third-generation Paul Smith family); going on to the campus paper (which we called the Rag) and then the Lincoln Star (under liberal city editor “Sterl” Earl Dyer and liberal editor Jimmy Lawrence); getting a master’s degree in journalism at Columbia University in New York City; and then working at Stars and Stripes in Korea (dateline: Yongdongpo), the Milwaukee Journal (where I got splendid professional training at one of the top 10 daily papers in the country), and the Redwood City Tribune (where I plowed into some of the juicy Peninsula scandals of the mid-l960s in bay fill, dirt hauling, and the classic Pacific Gas and Electric Co.–Stanford University Linear Accelerator battle). To those who ask how Jean and I have worked together for 40 years, I just say we have complementary abilities: she handles the bank, and I handle PG&E.
Not only did I find my partner at the University of Nebraska, but I also got the inspiration for the Guardian. In fact, I can remember the precise moment of truth that illuminated for me the value of an alternative paper in a city with a monopoly daily press (then, in Lincoln, a JOA between the afternoon Lincoln Journal and the morning Lincoln Star) that was tied into the local power structure, then known as the O Street gang (the local business owners along the downtown thoroughfare O Street). The O Street gang was so quietly powerful that it once decided to fire the Nebraska football coach before anyone bothered to notify the chancellor.
As a liberal Rag editor in the spring of 1955, I had just put out an important front-page story on how one of the most controversial professors on campus, C. Clyde Mitchell, who had been under fire for years from the conservative Farm Bureau and others because of his liberal views on farm policy, was being quietly axed as chair of the agricultural economics department.
We had gotten the tip from one of Mitchell’s students and had confirmed it by talking to professors in his department who had attended the meeting where the quiet firing was announced by Mitchell’s dean. Our lead story was headlined “Ag Ex Chairman Mitchell said relieved of post, outside pressures termed cause.” And I wrote a “demand all the facts” editorial arguing in high tones that “any attempt to make professors fair game for irresponsible charges, any attempt by pressure groups unduly to influence the academic position of university personnel … is an abridgment of the spirit of academic freedom and those principles of free communication protected by the Constitution and the Bill of Rights.” It was a bombshell.
The Lincoln Journal fired back immediately with a classic daily front-page story seeking to “scotch” the nasty rumors started by that pesky Rag on the campus. The story had all the usual recognizable elements: it did not independently investigate, did not quote our story properly, did not call us for comment, took the handout denial from the university public relations office, and put it out without blushing. Bang, that was to be the end of it, on to the next press release from the university.
It made me mad. I knew our story was right, the daily story was wrong, and the story was important and needed to be pursued. And so I stoked up a campaign for the rest of the semester that ultimately emboldened Mitchell to make formal charges that the university had violated his academic freedom. He gave us the scoop for two rousing final editions of the Rag. The proper academic committee investigated and upheld Mitchell but dragged the case out and waited until I graduated to release the report.
Against the power structure and against all odds, Mitchell, the Rag, and I had won the day and an important victory on behalf of academic freedom in a conservative university in a conservative state during the McCarthy era. During this battle I learned how the power structure fights back against aggressive editors. At the height of my campaign defending Mitchell, I was kept out of the Innocents Society, the senior men’s honorary society, although my four subeditors and managers all made it in. The blackball, the campus rumor went, came directly from the regents president, J. Leroy Welch, then president of the Omaha Grain Exchange (known to our readers as the “Old Grain Head”), via the chancellor via the dean of men.
I am forever indebted to them. They taught me at an impressionable age about the power of the alternative press and why it is best exercised by an independent paper on major power structure issues. They also taught me a lot about press freedom, which they were trying to grab from the Rag and me, and how we had to fight back publicly and with gusto.
When Jean and I founded the Guardian, we did so in the spirit of my old Rag campaigns. In fact, we borrowed the line from the old Chicago Times and put it on our masthead: “It is a newspaper’s duty to print the news and raise hell.” We wanted a paper that would be willing and able to do serious watchdog reporting and take on and pursue the big stories and issues that the monopoly dailies ignored — and then were ignored by the radio, television, and mainstream media that take their news and policy cues from the Ex and Chron. In JOA San Francisco that was a lot of stories, from the PG&E Raker Act scandal to the Manhattanization of the city to the theft of the Presidio to the steady conservative downtown drumbeat on such key issues as taxes, social justice, the homeless, privatization, war and peace, and endorsements.
Significantly, because of our independent position and credibility, we were able to lead tough campaigns on public power, kicking PG&E out of a corrupted City Hall and putting a blast of sunlight on local government with the nation’s first and best Sunshine Ordinance and Sunshine Task Force.
Our first big target in our prototype issue was the Ex-Chron JOA agreement, which we portrayed in an editorial cartoon as two gigantic ostrich heads coming out of a single ostrich body, marked in the belly with a huge dollar sign. Our editorial laid out the argument that we have used ever since in covering the local monopoly and in positioning the Guardian as the independent alternative. “What the public now has in San Francisco, as it does in all 55 or so of 1,461 cities with dailies, is a privately owned utility that is constitutionally exempt from public regulation, which would violate freedom of the press. This is bad for the newspaper business and bad for San Francisco.”
The Guardian prospectus, used to raise money for the paper, bravely put forth our position: “A good metropolitan weekly, starting small but speaking with integrity, can soon have influence in inverse proportion to its size. There is nothing stronger in journalism than the force of a good example.”
It concluded, “The Guardian can succeed, despite the galloping contraction of the press in San Francisco, because there are many of us who feel that the newspaper business is a trade worth fighting for. That is what this newspaper is all about.” And we quoted the famous phrase used by Ralph Ingersoll in the prospectus for his famous PM newspaper in New York: “We are against people who push other people around.”
Our journalistic points were embarrassingly timely. A year before the Guardian was launched, Hearst and the Chronicle had formed the JOA with the Examiner and killed daily newspaper competition in San Francisco. The two papers combined all their business operations — one sales force sold ads for both, one print crew handled both editions, one distribution crew handled subscriptions and got both papers out on the streets. The newsrooms were supposedly separate — but as we pointed out over and over at the time and ever after, the papers lacked any economic incentive to compete.
The San Francisco JOA became the largest and most powerful agreement of its kind in the country, and San Francisco was the only top-10 market in the country without daily competition.
This was all grist for the Guardian editorial mills because the JOAs, most notably the recent SF JOA, were in serious legal trouble. The US attorney general was successfully prosecuting a JOA in Tucson, Ariz., claiming the arrangement was a violation of antitrust laws. Naturally, the local papers were blacking out the story. But if the Tucson deal was found to be illegal, the Chron and Ex merger would be illegal too — and the hundreds of millions of dollars the papers were making off the arrangement would be gone.
The JOA publishers, led by Hearst and the Chronicle, quietly started a major lobbying campaign in Washington for emergency passage of a federal law that would retroactively legalize their illegal JOAs. They called it the Newspaper Preservation Act. Meanwhile, the late Al Kihn, a former camera operator for KRON-TV (which was at the time owned by the Chronicle), had prompted the Federal Communications Commission to hold hearings on whether the station’s license should be renewed. His complaint: his former employer was slanting the news on behalf of its corporate interests. We pounced on these stories with relish.
For example, in our May 22, 1969, story “The Dicks from Superchron,” we disclosed how private detectives under hire by the Chronicle were probing Kihn’s private life and seeking to gather adverse information about him to discredit his complaint and to “harass and intimidate him,” as we put it. Later, I found that the Chronicle-KRON had also hired private detectives to get adverse information on me.
I was a suspicious character, I guess, because I had gone to the KRON building to check the station’s public FCC file on the Kihn complaints, the first journalist ever to do so. The way the story came out at a later hearing was that the station’s deputy director left the room as I was going through the records and called Cooper White and Cooper, then the Chronicle’s law firm. An attorney called their investigators, and four cars of detectives were pulled off other jobs and ordered to circle the building until I came out and then follow me when I left the station to return to my South of Market office. They also surveilled me for several months and even sent a detective into the office posing as a freelance writer. (The head of the detective agency and I later became friends, and he volunteered that I was “clean.” He gave me a pillow with a large eye on it that said “You are being watched.” I displayed it proudly in my office.)
Kihn and I were asked to testify before a Senate committee about the Chronicle-KRON’s use of private detectives at hearings on the Newspaper Preservation Act in Washington in June 1969. I took the occasion to call the legislation “the bill for millionaire crybaby publishers.”
I detailed the subsidies in their special interest legislation: “amnesty, immunity from prosecution, monopoly in perpetuity, the legal right to gun down what few competitors remain, and as the maraschino cherry atop this double-decker sundae, anointment as the preservers and saviors of the newspaper business.” And I summed up, “If you plant a flower on University of California property or loose an expletive on Vietnam, the cops are out of the chutes like broncos. But if you are a big publisher and you violate antitrust laws for years and you emasculate your competition with predatory practices and you drive hundreds of newspapers out of business, then you are treated as one of nature’s noble men. And senators will rise like doves on the floor of the US Senate to proffer billion-dollar subsidies.”
After I finished, Sen. Everett Dirksen (R-Illinois) rose as the first dove and characterized my testimony as “quite a dramatic recital” but said that I had not provided a “workable, feasible solution.” Sen. Philip Hart (D-Michigan) recommended that the publishers ought to “read their own editorials and relate them to their business practices.” Morton Mintz, who covered the hearing for the Washington Post, came up and congratulated me. His story, with my picture and much of my testimony, was on the front page of the Post the next day.
Back in San Francisco the Chronicle published a misleading short story in which publisher Charles de Young Thieriot avoided admitting or denying the detective charge and added he had no further comment. Less than a week later, Thieriot wrote the Senate subcommittee and admitted to the charge, saying the use of the detectives was “entirely reasonable and proper.” This statement, which contradicted his statement in his own paper, was not reported in the Chronicle. The “competing” Examiner also reported nothing — neither the original private detective story nor the Washington testimony nor the Thieriot admission.
Nor did either paper report anything about the intensive JOA lobbying campaign headed by Hearst president Richard Berlin, who twice wrote letters to President Richard Nixon threatening the withdrawal of JOA endorsements in the l972 presidential election if he refused to sign the final bill. This episode illustrated in 96-point Tempo Bold the pattern of Ex and Chron suppression and obfuscation they used to advance their corporate agenda at the expense of the public interest and good journalism, all through the years and up to Hearst’s current monopoly maneuvers with Dean Singleton and the Clint Reilly antitrust suit to stop them.
Perhaps the most telling incident came when Nicholas von Hoffman, in his Washington Post column that was regularly run in the Chronicle, called the publishers “as scurvy as the special interests they love to denounce.” He singled out the Examiner and Chronicle publishers, writing that they were “so bad that the best and most reliable periodical in the city is the Bay Guardian, a monthly put out by one man and a bunch of volunteer helpers.” Neither paper would run the column, and neither paper would publish it as an ad, even when we offered cash up front. “The publisher has the right to refuse to run anything he wants, and he doesn’t have to give a reason,” the JOA ad rep told us. The Guardian of course gleefully ran the censored column and the censored ad in our own full-page ad.
On July 25, l970, the day after Nixon signed the Newspaper Preservation Act, the Guardian filed a major antitrust action in San Francisco attacking the constitutionality of the legislation and charging that the Ex-Chron JOA had taken the lion’s share of local print advertising, leaving only crumbs for other print publications in town. We battled on for five years but finally settled because the suit became too expensive. The Examiner and Chronicle continued to black out or marginalize the story, but they and the other JOA papers gave Nixon resounding endorsements in the l972 election even though he was heading toward Watergate and unprecedented disgrace.
Well, in October 2006 the mainstream press is a different creature. Hearst and publisher Dean Singleton are working to destroy daily competition and impose a regional monopoly. The Knight-Ridder chain is no more, and the McClatchy chain has turned the KR remains into what I call Galloping Conglomerati. Even some alternatives, alas, are now getting chained. Craigslist has become a toxic chain. Google, Yahoo!, and Microsoft (known as GYM in the online world) are poised to swoop in on San Francisco and other cities throughout the land to scoop up the local advertising dollars and ship them as fast as possible back to corporate headquarters on a conveyor belt.
I am happy to report on our 40th anniversary that the Guardian is aware of the challenge and is gearing up in the paper and online to compete and endure till the end of time, printing the news and raising hell and forcing the daily papers to scotch the rumors coming from our power structure exposés and our watchdog reporting. The future is still with us and with our special community and critical mission, in print and online. See you next year and for 40 more. SFBG
STOP THE PRESSES: As G.W. Schulz discloses in “A Tough Pill to Swallow,” (a) Hearst Corp. was fined $4 million in 200l by the Justice Department for failing to turn over key documents during its monopoly move to purchase a medical publishing subsidiary, the highest premerger antitrust fine in US history, according to a Justice Department press release; (b) Hearst was also forced by the the Federal Trade Commission to unload the subsidiary to break up its monopoly and disgorge $l9 million in profits generated during its ownership; (c) Hearst-owned First DataBank in San Bruno was alleged in the summer of 2005 to have inflated drug costs by upward of $7 billion by wrongly presenting drug prices, according to a lawsuit reported in a damning lead story in the Oct. 6 Wall Street Journal. Hearst blacked out the stories. And the Dean Singleton chain circling the Bay Area hasn’t pounced on the stories as real daily competitors used to do with fervor.
STOP THE PRESSES 2: SOS alert to the city and business desks of the “competing” Hearst and Singleton papers: here are the links to the key documents cited in our stories, including federal court records of the Oct. 6 Boston settlement with the Hearst-owned First DataBank (www.hagens-berman.com/first_data_bank_settlement.htm), the Justice Department’s antitrust fine of Hearst in 200l (www.usdoj.gov/atr/cases/indx330.htm), and the Federal Trade Commission decision requiring Hearst to give up its monopolistic subsidiary, Medi-Span (www.ftc.gov/bc/healthcare/antitrust/commissionactions.htm).

Or you can read the Guardian each week in print or online.

Politics, beauty, and hope in the Guardian’s arts pages


Forty years of fighting urbicide — and promoting a very different vision of a city

East Bay races and measures

0

Editor’s note: The following story has been altered from the original to correct an error. We had originally identified Courtney Ruby as running for Alameda County Auditor; the office is actually Oakland City Auditor.

Oakland City Auditor
COURTNEY RUBY
Incumbent Roland Smith has to go. He’s been accused of harassing and verbally abusing his staff and using audits as a political weapon against his enemies. The county supervisors have had to reassign his staff to keep him from making further trouble. And yet somehow he survived the primary with 32 percent of the vote, putting him in a November runoff against Courtney Ruby, who led the field with 37 percent. Ruby, an experienced financial analyst, would bring some credibility back to the office.
Peralta Community College Board, District 7
ABEL GUILLEN
Challenger Abel Guillen has extensive knowledge of public school financing and a proven commitment to consensus building and government accountability. In the last six years Guillen, who was raised in a working-class community and was the first in his family to go to college, has raised $2.2 billion in bond money to construct and repair facilities in school districts and at community colleges. Incumbent Alona Clifton has been accused of not being responsive to teachers’ concerns about the board’s spending priorities and openness.
Berkeley mayor
TOM BATES
This race has progressives tearing at each other’s throats, particularly since they spent a ton of cash last time around to oust former mayor Shirley Dean and replace her with Tom Bates, who used to be known as a reliable progressive voice.
Bates’s reputation has shifted since he became mayor, and his record is a mixed bag. This time around, he stands accused of setting up a shadow government (via task forces that duplicate existing commissions but don’t include enough community representatives), of giving developers too many special favors instead of fighting for more community benefits, and of increasingly siding with conservative and pro-landlord city council member Gordon Wozniak.
The problem is that none of Bates’s opponents look like they would be effective as mayor. So lacking any credible alternative, we’ll go with Bates.
Berkeley City Council, District 1
LINDA MAIO
Incumbent Linda Maio’s voting record has been wimpy at times, but she is a strong proponent of affordable housing, and her sole challenger, Merrilie Mitchell, isn’t a terribly serious candidate. Vote for Maio.
Berkeley City Council, District 2
DONA SPRING
A valiant champion of every progressive cause, incumbent Dona Spring is one of the unsung heroes of Berkeley. Using a wheelchair, she puts in the energy equivalent of two or three council members and always remains on the visionary cutting edge. If that weren’t enough, her sole challenger, Latino businessman and zoning commissioner Raudel Wilson, has the endorsement of the Berkeley Chamber of Commerce. Vote for Spring.
Berkeley City Council, District 7
KRISS WORTHINGTON
Incumbent Kriss Worthington is an undisputed champion of progressive causes and a courageous voice who isn’t afraid to take criticism in an age of duck and run, including the fallout he’s been experiencing following the closure of Cody’s on Telegraph Avenue, something conservatives have tried to link to his support for the homeless. His sole challenger is the evidently deep-pocketed George Beier, who describes himself as a community volunteer but has the support of landlords and the Berkeley Chamber of Commerce and has managed to blanket District 7 with signage and literature, possibly making his one of the most tree-unfriendly campaigns in Berkeley’s electoral history. Keep Berkeley progressive and vote for Worthington.
Berkeley City Council, District 8
JASON OVERMAN
Incumbent Gordon Wozniak postures as if he is going to be mayor one day, and he’s definitely the most conservative member of the council. During his tenure, Wozniak has come up with seven different ways to raise rents on tenants in Berkeley, and he didn’t even vote against Gov. Arnold Schwarzenegger’s special election last year. Challenger Jason Overman may be only 20 years old, but he’s already a seasoned political veteran, having been elected to the Rent Stabilization Board two years ago. Vote for Overman.
Berkeley city auditor
ANN-MARIE HOGAN
Ann-Marie Hogan is running unopposed for this nonpartisan post, which is hardly surprising since she’s done a great job so far and has widespread support.
Berkeley school director
KAREN HEMPHILL, NANCY RIDDLE, NORMA HARRISON
With five candidates in the running and only three seats open, some are suggesting progressives cast only one vote — for Karen Hemphill — to ensure she becomes board president in two years, since the job goes to the person with the most votes in the previous election.
Hemphill has done a great job and has the support of Latino and African American parent groups, so a vote for her is a no-brainer.
So is any vote that helps make sure that incumbents Shirley Issel and David Baggins don’t get reelected.
Nancy Riddle isn’t a hardcore liberal, but she’s a certified public accountant, so she has number-crunching skills in her favor. Our third pick is Norma Harrison, although her superradical talk about capitalism being horrible and schools being like prisons needs to be matched with some concrete and doable suggestions.
Rent Stabilization Board
DAVE BLAKE, HOWARD CHONG, CHRIS KAVANAGH, LISA STEPHENS, PAM WEBSTER
If it weren’t for the nine-member elected Rent Stabilization Board, Berkeley would have long since been taken over by the landlords and the wealthy. This powerful agency has been controlled by progressives most of the time, and this year there are five strong progressives running unopposed for five seats on the board. We recommend voting for all of them.
Oakland City Council
AIMEE ALLISON
When we endorsed Aimee Allison in the primary in June, we pointed out that this was a crucial race: incumbent Patrician Kernighan has been a staunch ally of outgoing mayor Jerry Brown and Councilmember Ignacio de La Fuente — and now that Ron Dellums is taking over the Mayor’s Office and a new political era could be dawning in Oakland, it’s crucial that the old prodevelopment types don’t control the council.
Kernighan’s vision of Oakland has always included extensive new commercial and luxury housing development, and like De La Fuente, she’s shown little concern for gentrification and displacement. Allison, a Green Party member, is the kind of progressive who could make a huge difference in Oakland, and she’s our clear and unequivocal choice for this seat.
From crime to city finance, Allison is well-informed and has cogent, practical proposals. She favors community policing and programs to help the 10,000 parolees in Oakland. She wants the city to collect an annual fee from the port, which brings in huge amounts of money and puts very little into the General Fund. She wants to promote environmentally sound development, eviction protections, and a stronger sunshine ordinance. Vote for Allison.
East Bay Municipal Utility District director, Ward 4
ANDY KATZ
Environmental planner Andy Katz is running unopposed. Despite his relative youth, he’s been an energetic and committed board member and deserves another term.
AC Transit director at large
REBECCA KAPLAN
Incumbent Rebecca Kaplan is a fixture on the East Bay progressive political scene and has been a strong advocate of free bus-pass programs and environmentally sound policies over the years. A former public interest lawyer, Kaplan’s only challenger is paralegal James K. Muhammad.
Berkeley measures
Measure A
BERKELEY PUBLIC SCHOOLS TAX
YES
This measure takes two existing taxes and combines them into one but without increasing existing rates. Since 30 percent of local teachers will get paid out of the revenue from this measure, a no vote could devastate the quality of education in the city. Vote yes.
Measure E
RENT STABILIZATION BOARD VACANCY
YES
Measure E seeks to eliminate the need to have a citywide special election every time a vacancy occurs on the Rent Stabilization Board, a process that currently costs about $400,000 and consumes huge amounts of time and energy. The proposal would require that vacancies be filled at November general elections instead, since that ballot attracts a wider and more representative group of voters. In the interim, the board would fill its own vacancies.
Measure F
GILMAN STREET PLAYING FIELDS
YES
Measure F follows the council’s October 2005 adoption of amendments that establish the proper use for public and commercial recreation sports facilities, thereby allowing development of the proposed Gilman Street fields. Vote yes.
Measure G
GREENHOUSE GAS EMISSIONS
YES
Measure G is a nice, feel-good advisory measure that expresses Berkeley’s opinion about the dangers of greenhouse gas emissions to the global climate and advises the mayor to work with the community to come up with a plan that would significantly reduce such emissions, with a target of an 80 percent reduction by 2050. Vote yes.
Measure H
IMPEACHMENT OF PRESIDENT GEORGE BUSH AND VICE-PRESIDENT DICK CHENEY
YES
In left-leaning Berkeley this is probably the least controversial measure on the ballot. Do we really need to spell out all over again the many reasons why you should vote yes on this issue?
If this measure passes, both Berkeley and San Francisco will have taken public stands in favor of impeachment, which won’t by itself do much to force Congress to act but will start the national ball rolling. Vote yes.
Measure I
AMENDING CONDO CONVERSION ORDINANCE
NO, NO, NO
Measure I is a really bad idea, one that links the creation of home ownership opportunities to the eviction of families from their homes. It was clearly cooked up by landlord groups that are unhappy with Berkeley’s current condo conversion ordinance, which allows for 100 conversions a year. Measure I proposes increasing that limit to 500 conversions a year, which could translate into more than 1,000 people facing evictions. Those evictions will hit hardest on the most financially vulnerable — seniors, the disabled, low- and moderate-income families, and children. With less than 15 percent of current Berkeley tenants earning enough to purchase their units, this measure decreases the overall supply of rentals, eliminates requirements to disclose seismic conditions to prospective buyers, and violates the city’s stated commitment to fairness, compassion, and economic diversity. Vote no.
Measure J
AMENDING LANDMARK PRESERVATION ORDINANCES
YES
A well-meaning measure that’s opposed by developers, Measure J earns a lukewarm yes. It establishes a nine-member Landmarks Preservation Commission; designates landmarks, structures of merit, and historic districts; and may approve or deny alteration of such historic resources but may not deny their demolition. It’s worth noting that if Proposition 90 passes, the city could face liability for damages if Measure J is found to result in substantial economic loss to property — all of which gives us yet another reason to say “vote no” on the horribly flawed Prop. 90 while you’re voting yes on Measure J.
Oakland Measures
Measure M
POLICE AND FIRE RETIREMENT BOARD INVESTMENTS
YES
Measure M would amend the City Charter to allow the board that oversees the Oakland Police and Fire Retirement System (PFRS) slightly more leeway in making investment decisions. The board claims that its current requirements — which bar investment in stocks that don’t pay dividends — are hampering returns. That’s an issue: between July 2002 and July 2005, the unfunded liability of the PFRS grew from $200 million to $268 million — a liability for which the city of Oakland is responsible. We’re always nervous about giving investment managers the ability to use public money without close oversight, but the new rules would be the same as ones currently in place in San Francisco and Los Angeles.
Measure N
LIBRARY IMPROVEMENT AND EXPANSION BONDS
YES
Oakland wants to improve and expand all library branch facilities, construct a new main library at the Henry J. Kaiser Convention Center, and buy land for and construct two new library facilities in the Laurel and 81st Avenue communities. The upgrades and construction plans come in response to residents’ insistence that they need more space for studying and meeting, increased library programs and services, tutoring and homework assistance for children, increased literacy programs, and greater access to current technology and locations that offer wi-fi.
This $148 million bond would cost only $40 a year for every $100,000 of assessed property. Vote yes.
Measure O
INSTANT RUNOFF VOTING
Ranked-choice voting, or instant runoff voting, is a great concept. The city of Oakland is using it to elect officials in the November election without holding a prior June election. There’s only one problem: so far, Alameda County hasn’t invested in voting equipment that could make implementing this measure possible. Voting yes is a first step in forcing the county’s hand in the right direction. SFBG

Escape pods

0

› superego@sfbg.com
SUPER EGO Ladies and gentlemen, we are floating in space. Moonlight kisses the city’s knockoff gold metallic Fendi slingbacks, the ones with the sparkly diamantine heels, and slides up the back of its dime-store disco-ball dress — a little slap here, a little tickle there — until it reaches the ragged sunburst of hair at the nape of its neck and launches into daylight, where the real party is these days. And here we all are in our hot-pink neon escape pods, canoodling with the oceanic music, zipping past the anguished twists and turns, the endless downs and downers of the real world, with all the trashy grace and alien style we can muster. Because really, what else can we do? The real world’s moving on without us, easing its oily fingers into annihilation’s tight black hole, ringing torture’s doorbell, its xanthochroous eyes frothing like a million zillion bubbles of electronic beer shampoo. Kure kure takora! Gimme, gimme octopus!
Whoa. What was in that magic truffle? Oh, that’s right. Drugs. Never trust a tranny dressed as Little Bo Creep bearing gifts at a street fair.
Thing is, I’m pretty sure I never ate it — too many empty calories. But in the past month I really wouldn’t have had to. With LoveFest, the Folsom Street Fair, the new Summer Music Conference, and umpteen outdoor parties, we’ve finally found a way to stretch the wondrous, hallucinatory panties of Burning Man across an entire month.
Suits me just fine. Hey, some of us ain’t rich enough to spend a whole week toodling around the high desert in a crotch-scented sarong. Better we get the Man delivered right to our back door. (Oh, and to all you fabulous burners: I’m still waiting for my thank-you gifts. While you were out spiritually saving the universe, I was covering for your sandy, goddess-loving cracks at work.)
So with all the amazing things going on — the herd of giraffes raving outside City Hall, the leather corsets winking in the sunshine like semaphore come-ons, the perverts and the children joining hands — it was easy to let one’s mind wander, to drift like a sea monkey up to the top of the tank and climb out for a better look.
Was there any meaning to it all? Thousands and thousands of shiny, happy lovers taking to the streets again and again, completely unencumbered, it seemed, by any overt political message. Totally stripped of any frustrated protest. After a while it got kinda weird. I admit, I’m a little old-school. When people used to tell me it was foolish to think parties could change the world in a practical way, I’d hand my two good earrings to the sister standing next to me and tear into their skinny, cynical asses like a wet gremlin. But the whole “change the world” pie in the sky no longer seems on the menu.
I raised a brow this year when one of the LoveFest organizers told me the party’s big ambition was to be a “shining star of love in the current night.” I howled with laughter at the folks who paid $90-plus to go to one of the giant Folsom-oriented leather parties. (Guess we’re not all in this together.) And hardly a single call to any real-world revolution did my Cuervo-crossed eyes see, not even an artistic one. (What a horrible drag all that political stuff is. Embarrassing.)
Was it too much to ask for even just one giant Bush puppet? There was a time not long ago when you couldn’t climb out of the Dumpster without the papier-mache fingers of one of those goddamn things getting caught in your brand-new used wig.
Of course things happened behind the scenes. Folsom donates thousands of dollars to organizations for people in need. Burning Man and LoveFest and all the rest “keep the creativity flowing.” And who would argue that no greater good can come from a monthlong blast of mind-blowing music or a tattooed musclebear from Paris trying to pick you up? (Too bad I’d seen his pornos. I just couldn’t deal with his “sex face.”)
But I had some classic grumpy-hippie flashbacks: Where was all the anger!? What the heck are we fighting for!? Fuck the man! Have we become so disillusioned with our own outspokenness after six long years of virtual political ineffectiveness that we now channel all our practical energy into the personal realm? Or did we just need, for once, to escape the endless fighting and get it on? Are parties now just cosmic battery rechargers? I wondered: what exactly is “the love”?
Then I threw on my banana yellow poncho and break-danced with a blue gorilla, sparkling like a Texan’s sequined chaps. Truffle, anyone? SFBG

Restoration Hardcore

0

Davis might not have those frog signs along the westbound side of Highway 80 anymore — “Live in Davis because it’s green, safe, and nuclear free…. It’s academic!” — but there’s certainly no shortage of wondrous music happening there.
Exhibit A: KDVS — the UC Davis radio station, a longtime champion of alternative music and the only entirely student-run station in the UC system — is about to put on the fourth edition of “Operation: Restore Maximum Freedom,” a twice-a-year one-day music festival, the likes of which have seldom been undertaken by Northern California college radio stations.
Unlike other music festivals hawking themselves as “alternative,” O:RMF is the real thing, presenting strictly music of the compellingly weird variety without sponsored stages and pricey merch tables — by sheer dint of student-volunteer willpower. “It’s a good time out in the sunshine,” said Erik Magnuson, who DJs at KDVS in addition to holding down the station’s assistant programming directorship. “We’re able to get great acts without having to worry about advertising to offset costs.”
The festival isn’t a station fundraiser — all profits go toward future incarnations of the event — but is instead an earnest offering of experimental sounds chosen democratically in committee by station volunteers. Those volunteers run O:RMF at Woodland watering hole Plainfield Station, which KDVS events coordinator and O:RMF organizer Brendan Boyle described as a “biker bar with a quasi-Libertarian vibe.” O:RMF itself fully “represents the radio station,” Boyle continued. “We’re free-form, which is a real anomaly, and it’s a reaction to our current political climate.” Hence the military-operation-inspired name.
The first, all-ages O:RMF in May 2005 was headlined by elastic noise psychos Sightings and Elephant 6 pop oddities a Hawk and a Hacksaw, and the subsequent fests have featured bands like the increasingly relevant, drift-ambience peddlers Growing and the splendidly hard-angled post-punkers Erase Errata. In each case, KDVS has looped in some of the most keenly unconventional artists around, and the upcoming festival looks the best yet.
This time it’s drawn 17 artists of various marginal modes, all of great repute in their respective scenes: longtime glitch-head Kid606 started the Tigerbeat6 label, and quirk-folk guitarist Michael Hurley was a luminary in Greenwich Village’s 1960s folk scene. Hop around to the dance punk of Numbers and the disorienting, psychedelic hip-hop of Third Sight. The garage-punk component is damned impressive by itself: the Lamps, one of Los Angeles’s finest and an In the Red mainstay, will crack their bass-heavy fuzz whip along with Th’ Losin Streaks, whose famously fun live show begets a cleaner, more Nuggets-like, ’60s garage vibe.
Suffice to say that few stations have the guts and the cavalier student base to put on an event like this, especially one that’s plainly not out to make money. As Boyle puts it, “it’s a very real event with no bullshit attached,” and with any luck, attendees will get as stoked on smashing music industry conventions as KDVS is. (Michael Harkin)
OPERATION: RESTORE MAXIMUM FREEDOM IV
Sat/7, noon–midnight
Plainfield Station
23944 County Road 98, Woodland
$15, $10 advance; all ages
For tickets and the complete lineup, go to www.myspace.com/maximumfreedom

Why does the OES fear KGO-TV?

0

KGO-TV news reporter Dan Noyes and producer Beth Rimbey have been trying for the last 15 months to acquire copies of San Francisco’s disaster plans from the Office of Emergency Services. Despite firm deadlines set by the city’s Sunshine Ordinance and public promises made by Mayor Gavin Newsom and OES chief Annemarie Conroy, not all of the requested documents have been released.
In fact, OES officials won’t even talk to KGO anymore.
“We’re only allowed to speak to the Mayor’s Office,” Rimbey said at a Sept. 26 Sunshine Ordinance Task Force hearing on the issue. “We’re not allowed to speak to OES. They won’t take our phone calls. They won’t do interviews.”
KGO’s complaints were heard by the task force members but not by OES officials: they failed to send a representative to the meeting because they say they feel threatened by Noyes, according to Jennifer Petrucione of the Mayor’s Office of Communications, who was in attendance.
“Frankly, I think that’s a very specious argument for not coming to address the complaint,” said task force member Rick Knee, citing the open forum of the meeting, public setting, and security of City Hall. “I don’t see that as a valid excuse for not attending.”
“With all due respect, I disagree,” Petrucione responded. According to her, staffers from the OES — the agency charged with responding to terrorist attacks and natural disasters — feel threatened and have filed complaints with the Department of Human Resources, citing a work environment made hostile by Noyes.
“The only thing that could be viewed as hostile was asking them questions they weren’t comfortable answering,” Kevin Keeshan, vice president of KGO, told the Guardian. He said all the incidents of concern were documented on videotape, which he reviewed and invited the complaining parties to watch. He saw no violations and has heard nothing further from the city on the issue.
He, Noyes, and Rimbey haven’t heard anything about the city’s plan in the event of an earthquake or a terrorist attack either. Rimbey said she thinks there is no plan and the city has been stalling until there is one. “It’s frightening. There are people who are deeply disturbed about emergencies in the city,” she said.
Officials have said plans are under internal review and being updated and will be turned over to the media as soon as possible. Over the past few months, KGO has received some copies of disaster plans, but they either appear to be 10 to 15 years old and adorned with new covers or are so heavily redacted that they’re just black pages, according to Noyes.
A prior task force hearing ruled that information had been unnecessarily redacted from several plans. The task force asked the Mayor’s Office to review the documents with a mind toward more openness. Petrucione said it followed new guidelines recommended by the City Attorney’s Office during a long and laborious process spanning several weeks. Those six documents were released Sept. 22 with many redactions still in place.
“I have a lot of problems with the redactions that were made,” said task force member Erica Craven.
Another member, David Pilpel, cited his personal favorite: the name of former governor Pete Wilson, which Pilpel was able to deduce from a subsequent page where it hadn’t been redacted.
“Why redact at all?” asked Noyes at the meeting. “Look at San Jose’s plan. It’s online for everyone to see,” he said. The city of San Jose makes the case that the first responders to an emergency are the citizens, who must be informed. Therefore, its entire emergency plan is posted on the Web.
The task force ruled that the OES was in violation and member Marjorie Ann Williams took a moment to say her concern went beyond the office’s withholding of documents. “This is a very, very serious issue,” she said about the city not having a plan. “We need to get on this and take it to heart.”
The Mayor’s Office and the OES were given five days to release all the documents, although the SOTR has little ability to enforce its rulings. As of Oct. 2, KGO had received nothing. In June, the Guardian made a similar request for documents and has also received nothing. The OES did not return repeated phone calls for comment on this story. (Amanda Witherell)

Google’s dog and pony show

0

By Steven T. Jones
First, Mayor Gavin Newsom tapped his buddies at Google (in partnership with Earthlink) to build a citywide wireless system that would be free to city residents. It was a move that was done without full sunshine and it pissed off some information activists like Media Alliance, but the Department of Telecommunication and Information Services has since conducted a more open and diligent negotiations process with the companies. That caused Google to grouse to the Chron that the city was dragging its feet. So Sup. Jake McGoldrick decided maybe the city should be looking at doing a municipal wifi system instead, which he’s having the budget analyst study (if the board approves study this week) and report back on by the end of the year. That’s also when DTIS expects to have a final deal with Google/Earthlink — and when a consultant’s study on municipal broadband (that’s fiber rather than wifi) is due back. Well, with all this possibility swirling, Google and Earthlink have now announed a series of town hall meeting from now until the end of the year. Game on! Their press release follows:

California’s secret police

0

EDITORIAL If a doctor does something really terrible and is suspended from the practice of medicine, the record is public: anyone — a potential future patient, for example — can check with the medical licensing board and find out what happened. Same goes for lawyers — discipline cases are not only public, but the legal papers routinely publish the details of the charges and the state bar association’s decisions. Judges? Same deal. Even the Pentagon, which is not known for its interest in sunshine, makes public the charges against soldiers accused of vioutf8g the Uniform Code of Military Justice.
That’s the way it should be: people who have tremendous power over the lives of others ought to be held accountable to the public.
But last week, the California Supreme Court issued one of the most disturbing decisions in years, ruling 6–1 that police disciplinary records must be for the most part secret.
The impact is so far-reaching it’s hard to fathom. As G.W. Schulz reports on page 15, it’s entirely possible that under this new standard, key details in some of the most important police-abuse cases of the past decade — from the so-called riders in Oakland to the Ramparts scandal in Los Angeles and Fajitagate in San Francisco — would have been kept under wraps. Under the broadest possible interpretation, the public will never know the names of the cops who break the law under color of authority, the bad actors who beat people up, harass (and sometimes assault) women, steal, lie, forge reports, frame suspects, fire their weapons without case, and — all too often — kill people without cause.
State law already gives cops, deputy sheriffs, and prison guards rights that go far beyond what any other public employees enjoy but has never been interpreted to bar the public entirely from disciplinary cases.
But in 2003, the San Diego County Civil Service Commission closed a hearing on the appeal of the disciplinary case of a sheriff’s deputy, and the San Diego Union-Tribune went to court to get access to the records. The resulting case went all the way to the state’s high court and ended with one of the worst rulings for the press and public interest in this state in half a century or more. Tom Newton, general counsel for the California Newspaper Publishers Association, told the Los Angeles Times that in the wake of the ruling “we have pretty much of a secret police force in this state.”
The state legislature needs to take this on immediately. Mark Leno, the San Francisco Democrat who chairs the Assembly Public Safety Committee (and who worked diligently and effectively to improve the Public Records Act this past session), would be a perfect person to work with sunshine advocates to draft a bill that would make the secrecy ruling moot.
In the meantime, it’s still not clear exactly how far local government will have to go to protect the rights of peace officers to abuse their public trust without any public oversight. Sunshine advocates say that San Francisco, which has always held open hearings on major police discipline cases, may not have to immediately halt the practice. The Police Commission, which is scheduled to hold a hearing on the issue Sept. 17, needs to carefully weigh the arguments of activists and media representatives before making any new policy — and must write any new rules to side as much as possible with openness. For starters, all hearings should be presumed public unless an accused officer objects — and a full hearing on that objection should precede any closure.
There’s another step city leaders can take: every year or two, the cops come along with a request for legislation that would even further sweeten their union contracts. If the San Francisco Police Officers Association is going to demand secrecy in every single disciplinary hearing, that should be the end to all progressive support for more pay, more benefits, and more goodies for an armed force that refuses to accept even basic public oversight. SFBG

When the lights go down

0

› a&eletters@sfbg.com All opening dates subject to change, ’cause that’s how Hollywood rolls. The Protector and Jet Li’s Fearless Tony Jaa’s been trumpeted as “the future of martial arts” (and rightly so — did you see Ong Bak: The Thai Warrior? Holy scalp-cracking!); Jet Li’s said Fearless will be his last martial arts picture. Torch. Passed. (Sept. 8 and 22) This Film Is Not Yet Rated Kirby Dick’s doc about the creativity-smiting Motion Picture Association of America mixes Michael Moore–like first-person investigative work with feminist First Amendment points. And it’s funny. (Sept. 15) All the King’s Men Could’ve been an Oscar grubber in 2005, when this remake was originally slated for release. Now, who knows? The oft-nominated cast includes Sean Penn, Jude Law, Kate Winslet, Patricia Clarkson, and Anthony Hopkins. (Sept. 22) Feast Project Greenlight winner — a sure sign of doom? — John “Son of Clu” Gulager debuts his horror film about tavern dwellers fighting off flesh eaters. Henry Rollins has a role. (Sept. 22–23 midnight screenings) Jackass: Number Two Oh, shut up. You know you loved the first one. (Sept. 22) The Science of Sleep The title won’t win viewers, and the ad campaign and trailers aren’t much better, but Michel Gondry’s follow-up to Eternal Sunshine of the Spotless Mind is like a darker b-side of that film, with adorable Gael García Bernal in a not-sweet role and daughter-of-Serge Charlotte Gainsbourg dealing with him. (Sept. 22) The Texas Chainsaw Massacre: The Beginning A prequel to the (so unnecessary) remake of the best goddamn movie of all time. Will this be good headcheese or real good headcheese? (Oct. 4) Shortbus Loved at Cannes and hyped for its sexual candor, John Cameron Mitchell’s Hedwig follow-up looks like a major turnoff, at least going by the trailer. Of course, trailers aren’t features. Will a cameo by Justin Bond as Kiki cancel out the possible deadly air of self-satisfaction? (Oct. 6) Old Joy A big favorite at Sundance this year, the second film by Kelly Reichardt — whose River of Grass is a little-known gem — features Will Oldham in a starring role. (Oct. 20) Babel Alejandro González Iñárritu (Amores Perros, 21 Grams), Cate Blanchett, and Gael García Bernal are always worth a peek; they cancel out the tiredness of Brad Pitt at any rate. (Oct. 27) The Bridge Eric Steel’s controversial and ethically dubious documentary about suicides off the Golden Gate Bridge gets a theatrical release. Curiously, IMDb.com recently listed a codirector. (Oct. 27) Fur: An Imaginary Portrait of Diane Arbus Nicole Kidman as the photographer — the fact that the former looks and seems nothing like the latter matters little, we’re assured, because this is not a biopic but a speculation about three days in Arbus’s life. (November) Iraq in Fragments James Longley’s impressionistic and unembedded documentary isn’t “narrator-less,” as Entertainment Weekly claims. It is poetic and visually dazzling and provocative — perhaps problematic — because of it. (Nov. 10) Volver Pedro Almodóvar departs from masculine melodrama to reunite with Penélope Cruz and more excitingly, Carmen Maura; word is this riffs off Mildred Pierce the same way that Bad Education riffed off Vertigo. (Nov. 10 or 22) Casino Royale Daniel Craig as Bond. But nobody, and I mean nobody, better be trying to do “The Look of Love” — we all know it belongs to Dusty. (Nov. 17) Fuck A jazzy documentary about the most versatile and satisfying word in the English language. (Nov. 17) Tenacious D in “The Pick of Destiny” Will it be the greatest film in the world — or just a tribute? (Nov. 17) Bobby Emilio Estevez makes his directorial debut with this Altmanesque movie about Bobby Kennedy, played by Elijah Wood in a bad wig. Will it be a subtextual tribute to the Ambassador Hotel? Also, will the curse of Lindsay Lohan (who costars) continue? (Nov. 22) The Nativity Story Catherine Hardwicke (Thirteen) takes on the Blessed Virgin (Whale Rider’s Keisha Castle-Hughes). Nah, it won’t be controversial … (Dec. 1) Apocalypto … and neither will Mel Gibson’s all-Mayan adventure, sugar tits. (Dec. 8) The Pursuit of Happyness Remember when they built the fake BART station in Dolores Park? This is why. (Dec. 15) Charlotte’s Web Starring Dakota Fanning, with Julia Roberts as the voice of the spider. Will Charlotte urge us to join America Online? Why can’t they leave the classics alone? (Dec. 20) Rocky Balboa Sylvester Stallone wrote, directed, stars, punches things, and has a montage. Montage! (Dec. 22) Dreamgirls The (very) early Oscar favorite. And I’m telling you, Beyoncé’s not going to the Oscars unless she’s up for a statuette rather than delivering them. We’ll see … (Dec. 25) The Good German Steven Soderbergh directs a black-and-white George Clooney in this 1940s drama. Swoon. (Dec. 25) SFBG

Why people get mad at the media, part 7, a letter to the editor of Business Week/McGraw Hill

2

Note to the reader:

This is a copy of a letter I emailed today to the unidentified “editor filter” at bw@businessweek.com, as instructed yesterday by Assistant Managing Editor Mary Kunz at Business Week/McGraw Hill headquarters in New York City. I copied her and Editor-in-Chief Stephen J.Adler and Executive Editors John A. Byrne and Kathy Rebello. I asked for an acknowledgment that they had received my letter and that, if there was any editing, that they show it to me in advance to help prevent further “correction” messes. I also asked that the letter run in both the print and online BW magazines. Let us see what happens.

Coming soon: due to popular demand, I will soon be supplying details on the Potrero Hill martini, how to make it and where to get it.

Letter to the editor of Business Week/McGraw Hill:

In your front page story on Digg.com, you made two major errors in the first three lines of the first paragraph of your lead article. (“How This Kid Made $60 Million in l8 months.”) First, you wrote that Digg.Com was situated “above the grungy offices of the SF Weekly in Potrero Hill.” This is incorrect: Digg.com is situated above the offices of the San Francisco Bay Guardian in the Guardian building, which we own. SF Weekly, our major competitor, has offices on the other side of Mission Bay. Second: our offices are not “grungy.”

You rightly corrected the first mistake in your online edition (not in your print edition). But you have refused, again and again, to honor my simple request for a retraction and explanation in your print and online editions of how your reporters and editors got their facts so wrong. Your reporters and editors did not visit the Guardian offices nor can they specify just what is so”grungy” about the Guardian, our offices, and our building. In short, your correction has only made an “atrocious” mistake even more “atrocious,” the word used by your writer in her conversation with me. Why? What great journalistic principle is at stake in refusing to correct or remove the word “grungy” from your story?

So I posted on my Bruce blog at SFBG.com some candid snapshots of our building and our offices. I invite your staff and your readers to go to my blog and judge for yourself. And I invite you to leave your splendorous offices in mid-town Manhattan and come to San Francisco. I will give you a personal tour of our “grungy offices” and serve you a Potrero Hill martini in my office.

Bruce B. Brugmann, founder, editor, and publisher, San Francisco Bay Guardian, printing the news and raising hell and spreading sunshine inside and outside San Francisco since l966

SATURDAY

0

Aug. 12

Film

San Francisco Home Movie Day

This is the fifth annual national celebration of Home Movie Day, and Stephen Parr of the San Francisco Media Archive has been there from the 2002 beginning. A trip to the Media Archive is fascinating in itself, but there is no better day to visit than today, when local moviemakers bring in personal and family movies for Parr to clean and screen. The result isn’t merely campy, even if John Waters has heralded Home Movie Day as “an orgy of self-discovery.” (Johnny Ray Huston)

Noon-midnight
Media Archive
275 Capp, SF
Free (call for Home Movie Clinic reservations)
(415) 558-8117
www.homemovieday.com
www.sfm.org

Music/Event

Evolution

A Journey tribute band playing a free concert in the sunshine at a nudist park? Evolution, the only Journey tribute band to be endorsed by Journey the actual band, will be rocking the socks off – um, OK – just rocking the nude audience at the Sequoians Clothes-Free Club. The Sequoians have a notoriously healthy view on tan line-free relaxation – maintaining always that “nudity is a state of fact; lewdity is a state of mind.” Be sure make reservations and bring your ID – anyone can be nude, but you have to be 18 to be nude here. (K. Tighe)

2 p.m.
Sequoians Family Nudist Park
10200 Cull Canyon Rd., Castro Valley
Free
(510) 585-0194
www.sequoians.com

Sunshine magnified

0

By Steven T. Jones
It was good to see the Sentinel today amplifying our story about how the mayor’s office gave us seven contested e-mails that Sup. Chris Daly has been trying to get for months. But Pat Murphy is a bit off mark to imply that Daly got snubbed or that our obtaining the documents was anything more than solid reporting work by reporter Amanda Witherell (who confronted the mayor on a Saturday with facts that supported the release of the documents, an action that he then ordered). The mayor’s office told us Daly would also be receiving the e-mails. For his part, Daly was happy about our successful efforts to pry loose the docs, calling it “a great victory for sunshine in San Francisco.” He also told me, “It was always unclear to me, unless the administration was trying to cover something up, why they were unwilling to release the e-mail, whether or not they were compelled to do so under the Sunshine Ordinance.” And it turns out the e-mails do show an effort by the Mayor’s Office of Communications to bury news of Newsom’s veto of an eviction notification measure, who was so popular that voters approved it as Prop. B in June.

Newsom, it’s time to end the Sunshine wars

0

EDITORIAL For months now, Mayor Gavin Newsom’s press office has been fighting with Sup. Chris Daly over a series of internal memos that Daly claims ought to be public record. The memos involve the mayor’s position on tenant legislation that would make some kinds of evictions more difficult.
Daly had to take the case to the Sunshine Ordinance Task Force, which held a hearing and deliberated for more than an hour before finding the Mayor’s Office in violation of the law. And still, Daly — an elected official — couldn’t get a copy of the memos.
Then on July 29, Guardian reporter Amanda Witherell confronted Newsom outside a town hall meeting in the Richmond District. The mayor said he wasn’t even aware of the details of the battle — then promptly ordered his press office to release the records (see “Sunburned,” page 15).
Good for Newsom — but why did it take this long? Why did Daly, the Sunshine Ordinance Task Force, and no doubt the City Attorney’s Office have to spend so much time on a fight that clearly made no sense?
Unfortunately, this is symptomatic of how the Mayor’s Office — and so many other city agencies — is handling public-records requests: it’s a struggle for anyone to get anything.
A handful of aggressive, single-minded activists like Kimo Crossman, who is trying to get records on the city’s wi-fi negotiations, have been driving the Mayor’s Office and City Attorney Dennis Herrera crazy with reams of document requests. Why? Because they’ve asked for some simple, basic stuff — and have been refused. Thousands of hours of city time have been wasted fighting battles that don’t need to be fought.
Newsom can put an end to a lot of this pretty quickly. He should announce that he’s told the press office to comply immediately with every public-records request unless there is a clear, serious reason to withhold the information — and he should make it clear that he wants to be personally informed any time a request is denied so that he can make the final determination.
Newsom should also direct every city department under his jurisdiction to follow the same policies and support reforms in the Sunshine Ordinance to end all of these delays. SFBG

Sunburned

0

› amanda@sfbg.com
The Mayor’s Office of Communications has for months been fighting with Sup. Chris Daly and several unrelated activists over the release of public documents. By denying and ignoring Sunshine Ordinance requests — including some by the Guardian — the office has garnered a reputation for secrecy that has transformed a disparate group of activists into a united force pushing the boundaries of the city’s landmark open government law.
The Sunshine Ordinance Task Force (SOTF) on July 25 found the MOC in violation of the Sunshine Ordinance on two counts, but the mayor’s spokespeople defied its decision and refused to release seven pages of MOC e-mails that Daly requested. Jennifer Petrucione, who spoke for the mayor at the meeting and left before a final decision had been reached on one of the violations, told the Guardian, “I was contemptuous of the process.”
Her view and that of mayoral press secretary Peter Ragone, as they explained to the Guardian, is that the voluminous nature of some requests and the political motivations of document requesters like Daly violate the spirit of the Sunshine Ordinance, which voters passed in 1993 to encourage public access to how decisions are made in city hall. Instead of disclosing documents, the MOC has found loopholes in the broadly written law permitting them to hide information.
“We have the right to withhold certain documents if they are recommendations,” Petrucione told us July 28, even though the task force generally supports disclosure of such documents. In another case of ignoring a request, she chalked it up to an accident: “That was not us trying to avoid Sunshine, it was us doing it too quickly and overlooking things.”
While both Ragone and Petrucione insisted it’s their policy to release everything they can, even if it’s logistically difficult given the volume of requests they receive, they’re still having a hard time producing documents in a timely fashion. So some activists have reacted to early inaction with ever more voluminous and complicated requests.
The day after we discussed the MOC Sunshine Ordinance policies with Petrucione and Ragone, Mayor Gavin Newsom appeared at a town hall meeting in the Richmond, where we asked him about the dispute with Daly’s office. “I haven’t been privy to the details,” he told us. “I would like to see us readily provide whatever information is being requested. I said, ‘Peter, just send all the information, even in the spirit of the ordinance. We have nothing to hide.’”
Two days later, Petrucione called the Guardian to say the mayor had ordered her office to release the disputed documents after all. She told us, “You guys want to make an issue of it, so we decided to just put them out there.”
BURIED DOCUMENTS
The disputed e-mails requested by Sup. Daly involve Ragone’s purchase last year of a tenancy in common (TIC) from which two disabled residents had been evicted by a landlord evoking the Ellis Act, as first reported by the blog www.beyondchron.org.
Daly was curious if there might be any connection between Ragone’s new digs and Newsom’s vetoes of proposals that would have protected tenants from those kinds of evictions. Daly’s office filed an immediate disclosure request for any documents regarding evictions or condominium conversions.
After the MOC initially responded that they didn’t have any such documents, which Daly’s office didn’t believe, the issue dragged out over four months in front of the SOTF, with the MOC eventually turning over about 25 relevant documents but withholding seven e-mails, with Petrucione citing Section 67.24 of the Sunshine Ordinance: “Only the recommendation of the author may, in such circumstances, be withheld as exempt.”
Daly appeared at the meeting to speak on his own behalf. “I’m not attempting to have a gotcha on the Mayor’s Office. I’m attempting to form a decision,” he said.
The task force doesn’t have the power of subpoena or investigative authority — its members can’t look at the e-mails and decide if they’re public — so the matter was referred to the Ethics Commission, which does. Petrucione, who had the documents at the meeting, could have just handed them to Daly. She told the Guardian, “We’re not concerned about what the e-mails say. We’re trying to adhere to the letter and the spirit of the law.”
In fact, the documents contained only mildly embarrassing information, with a pair of e-mails from Petrucione plotting ways to overshadow the news of Newsom’s tenant protection veto last September by releasing word of the veto late on a Friday and coupling it with a high-profile announcement of San Francisco’s Hurricane Katrina relief efforts, “which will bury any interest in the Ellis release.”
But the MOC’s resistance to disclosure — both to Daly and to activists also seeking information during that same time period — has only served to galvanize those seeking public records.
ACTIVISTS’ SUNRISE
Everyone starts with a little kernel of concern, a reason to wonder or worry about what those elected officials are up to. Kimo Crossman last year wanted to know more about the sketchy municipal wi-fi deal with Google and Earthlink that Newsom was proposing. After hitting initial roadblocks when making requests for specific information like a copy of the contract, Crossman started asking for reams of documents, anything remotely related to the TechConnect plan. His concerns have now expanded to disaster preparedness issues and finally to the Sunshine Ordinance itself.
Last week at the SOTF meeting, where Crossman is now a regular member of the audience, he filed a complaint that the mayor had not provided the opportunity for public comment at a Disaster Council meeting June 5. After reviewing video and transcripts of the meeting and hearing Petrucione’s evolving explanations, the task force found a violation.
Crossman — who at one time was being considered for “vexatious litigant” status by city officials who wanted to tone down his voluminous requests — was pleased and said, “I thought it was a success that the mayor was held accountable to Sunshine just like everyone else in the city.”
Perhaps the violation will inspire the Mayor’s Office to fulfill the outstanding records requests of other citizens, like Wayne Lanier, who had a little home improvement issue.
About a year ago, Lanier and a few of his neighbors repaired the sidewalk around a few trees and planted some flowerpots in front of their homes. Then the city slapped them with a $700 tax, under the Occupancy Assessment Fee for Various Encroachments.
The ordinance was introduced by the mayor and passed the Board of Supervisors in July 2005. It was designed to tax property owners who eat up the public right-of-way with stairways and fences, but the ordinance became what Lanier likes to call the “tree and beauty tax.”
Lanier wanted to know what kinds of meetings and discussions had led up to this ordinance, so in March he sent a Sunshine Ordinance request to Newsom. “I requested his calendar prior to July,” Lanier told the Guardian. “A very simple e-mail request under the Sunshine act.”
Lanier says he has yet to receive an answer to his request, let alone any correspondence or acknowledgement from the Mayor’s Office that they’re working on it. Later, he had concerns about avian flu, where he was again rebuffed in his attempt to get documents.
THE PRICE OF DELAY
The frustrating stories of Crossman and Lanier eventually caught the interest of Christian Holmer, who championed their causes and set out with Crossman on a project they think could streamline the practice of releasing public documents.
Holmer is the secretary of the Panhandle Residents Organization Stanyan Fulton, which has a Web site compendium of all the Sunshine Ordinance requests he knows about. He posts a running countdown of how many days each request has been outstanding, as well as details on the runaround and excuses he receives from city officials.
His goal is to standardize how various departments produce documents and make them more easily accessible to the public “in as few keystrokes as possible,” as he puts it. And to do that, he’s made lots of Sunshine Ordinance requests, which MOC officials argue are too onerous for them to deal with, particularly given Holmer’s lengthy, heavily annotated e-mails, which he fires off to a variety of city departments on a daily basis.
As the many city reps who receive these e-mails will attest, it can take well over an hour to read the entire contents of one e-mail, only to find out it includes enough attachments to keep the reader busy for the better part of a day.
Petrucione and Ragone, who have received Holmer’s request for the mayor’s daily calendar but not yet answered it, cite the difficulty in figuring out exactly what Holmer wants. However, even the Guardian’s simply worded requests for that same information, as well as documents related to the recent health care measure, weren’t filled by the timelines set out by the ordinance.
Ragone says his office is just trying to keep up with the deluge of document requests. He raised the possibility of reforms, such as a designated Sunshine Ordinance officer or standardized form, but the MOC hasn’t formally proposed any.
Matt Dorsey of the City Attorney’s Office is wary of standardizing the system: “I don’t think the law should create a barrier — a ‘you didn’t sign this so I don’t have to answer it’ situation.” SFBG