Bay Guardian Archives

Taking on term limits

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EDITORIAL It’s time to take a look at what legislative term limits are doing to San Francisco. Assemblymember Mark Leno, who is really just hitting his stride as one of the most effective members of the state legislature, is in his last term in office. Supervisors Chris Daly and Aaron Peskin, who are two of the most effective members of the Board of Supervisors, are in their final terms. Supervisor Tom Ammiano, who is the institutional memory of the left in city hall, will be gone in another two years.

In fact, Ammiano is a good case study for what’s wrong with term limits. The supervisor from District 9 has always been strong on the issues, but in his first few years on the board, he had trouble getting his bills through. That was in part due to a hostile board majority, but it was also, frankly, a matter of inexperience: over time Ammiano has convinced even some of his harshest critics that he’s a capable, reasonable lawmaker who can hammer out compromises that make good public policy. The recent universal health care bill is an example, something that might have been very difficult for a newbie supervisor to negotiate.

Ammiano has announced he’s running for State Assembly (when Leno is termed out), which is fine for him, but the board will lose an important presence when he’s gone. And losing Peskin and Daly (along with Sophie Maxwell, Gerardo Sandoval, and Jake McGoldrick) all within the next four years will shake up a board that has become the center of progressive policy development in San Francisco.

Term limits have been, by and large, the creature of conservative activists who want to increase the power of the executive branch and get rid of longtime liberal legislators, who, by virtue of representing safe urban districts, can often accumulate considerable seniority and power. (Witness Ron Dellums, Maxine Waters, and yes, Nancy Pelosi.) On a national level it’s well established that a strong (often too strong) chief executive can only be tempered by allowing members of Congress to serve long enough to develop the skills, contacts, and political bases to keep the presidency in check. On the state level six-year limits in the assembly and eight-year limits in the State Senate have shifted enormous political clout to the governor — and to the lobbyists, who have no term limits and now often know more about issues than newly minted legislators.

We’ve always been against term limits. If former assembly speaker Willie Brown hadn’t been so arrogant and corrupt, term limits for the legislature might never have passed in California. Assembly Speaker Fabian Núñez is working on a proposal to soften the limits slightly (possibly to allow 14 years of service in either house), and that’s a good idea.

Here in San Francisco, the board ought to start work on a charter amendment to modify term limits for supervisors. Ideally, we’d like to see an end to term limits altogether, but at the very least, the two-term limit should be extended to three terms.

The only credible argument for term limits was the threat of unaccountable incumbents running rampant. But with district elections and public financing, that’s not much of a threat in San Francisco. And San Francisco voters seem quite willing these days to vote people out who aren’t doing the job: it didn’t take term limits to get Dan Kelly off the school board.

It’s always tricky for incumbent politicians to do something that smacks of extending their own job security, but the truth is, term limits are bad for the public. The supervisors shouldn’t be afraid to come out and say that. *

Editor’s Notes

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› tredmond@sfbg.com

The biggest challenge facing Democrats in Congress this year is probably also the most boring. They’re going to have to deal with taxes.

I’m not the only one obsessed with this. Really, I’m not. Edmund L. Andrews got into it in the New York Times on Jan. 4, noting that the new Democratic leadership is utterly ducking the question of how to handle some of the major fiscal headaches that are going to rear their ugly heads.

Bear with me while we run some numbers.

The Iraq War is going to cost $100 billion in 2007, maybe more if Bush gets his troop "surge." Fixing the problem that causes more and more middle-class people to shoulder an extra tax burden under the alternative minimum tax will cost $50 billion. The Bush tax cuts — which the president wants to make permanent — are another huge-ticket item, maybe $170 billion a year (based on estimates from the Brookings Institution).

So that’s $320 billion to deal with — even before the Democrats spend a penny on any new initiatives or so much as talk about making Social Security solvent.

And, of course, there’s a $340 billion budget deficit, which keeps adding to the federal debt, which is a number so big that nobody can really comprehend it, so I won’t bother here except to say that the interest payments alone are $400 billion a year.

The Democrats have already announced they want to see any new spending come with a revenue source and any new tax cut proposals identify reductions in existing spending that would pay for them. All well and good — except that the Iraq War isn’t part of the federal budget. Bush just keeps coming back for money every few months, and Democrats who don’t want to be accused of refusing to support the troops in the field wind up voting to give him all of it.

Now let’s go to the political calculus, which is even uglier.

The only major politician I know of in the last electoral cycle who talked honestly about taxes and government spending was Phil Angelides, who (as some of you may remember) ran for governor of California. He was slaughtered.

That’s why the Times reports the following:

"Even as Democratic leaders continue to accuse Mr. Bush of having a reckless fiscal policy, they have refused to discuss dismantling his tax cuts or even to engage in a debate with him about the best way to stimulate economic growth.

" ‘It’s always the same old tired line with them — "Tax and spend, tax and spend, tax and spend," ‘ said Senator Kent Conrad, the North Dakota Democrat who is chairman of the Senate Budget Committee. ‘We’re not going there.’ "

No, so far they’re not. They’re just moving ahead, making promises and proposing policy, without saying either that spending on Iraq has to be cut dramatically or that somebody has to pay more taxes to fund it.

Even by Bush’s most optimistic projections, the national budget will be in the red until 2012. By then he and his crew will all be safe on the golf course, their retirements secure.

And apparently, the Democratic leaders are willing to continue to duck, continue to go into debt, continue to screw up the economy, and continue to burden our kids with the results of our greed, fear, and stupidity.

Nancy? *

Some questions for the mayor

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EDITORIAL Gavin Newsom doesn’t want to take direct questions from the supervisors. He rarely gets asked tough questions from the press and almost never from the public. Instead, as Steven T. Jones and Sarah Phelan report ("Mayor Chicken," page 13), all of his appearances are scripted, and he does a mighty job of ducking the hard questions.

But if he is indeed going to be holding a series of town hall meetings over the next few months, there’s a chance for the voters to pin him down. Here are a few things you might want to ask the mayor:

Your own staff admits that the universal health care plan works only if employers are required to provide health benefits. Yet the Golden Gate Restaurant Association — your political ally — has sued to block this. Do you support the employer mandate? Will you call on the GGRA to drop the suit? Will you decline political contributions from the members of a group that is suing the city with the aim of destroying one of your key initiatives? Where will money come from if the suit succeeds?

When you ignored the will of the voters and decided to hold these town hall meetings instead of appearing before the supervisors, you said the supes were invited to attend. But you knew it would be illegal for them to participate under the Brown Act without some expensive preparations. Why did you do that?

Why isn’t your full appointments calendar posted on the Web? The only information the public gets is a listing of your public events. Where is the rest of the calendar?

You say you support public power, but the city’s efforts are so far limited to Treasure Island and Hunters Point. If there were a ballot measure this fall calling for the city to buy out Pacific Gas and Electric Co.’s system and set up a full-scale public power effort — similar to Sup. Tom Ammiano’s measure in 2000 — would you pledge to endorse it?

The city’s general plan states that 64 percent of all new housing should be available for below-market rates. Sup. Sophie Maxwell has a proposal to make that city law. Do you support her legislation? If not, how will the city meet its affordable housing needs?

The Planning Department acknowledges that the level of new market-rate housing being discussed for the eastern neighborhoods would inevitably destroy thousands of blue-collar jobs. Is that an acceptable trade-off?

Broadband Internet service is arguably the most important public infrastructure American cities will build in the next 50 years. Why are you prepared to turn ours over to private industry? Would it not be worth $10 million — the estimated cost put out by Google and EarthLink — to build our own system?

You asked for the City Attorney’s Office opinion that invalidated the successful referendum drive on the Bayview–Hunters Point Redevelopment Plan. Why aren’t you willing to submit this far-reaching plan to a vote? And if you believe in the plan’s community oversight provisions and deference to the Redevelopment Agency, why did you unilaterally offer the 49ers a new stadium at the old shipyard, which is within the plan’s area?

Why haven’t you followed up on the promise you made a year ago, after expressing outrage over the racist and homophobic videos made by police officers, to form a commission charged with "changing the culture" of the Police Department? And after your office blocked a citizen-based community policing plan, why didn’t you offer some alternative? Are you content with the way the department is being run?

Eight months ago, after vetoing a six-month trial period for closing JFK Drive to cars on Saturdays, you promised to study Sunday closures for six months and offer a compromise plan for Saturday closures. When can we expect that proposal, and will you now support Saturday closures?

Honestly: what’s so scary about answering questions from the supervisors?

We await his honor’s response. *

Mayor Chicken

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› news@sfbg.com

The format is always the same: Mayor Gavin Newsom shows up at a carefully scouted location somewhere in the city with his perfect tie and perfect hair. He brings a cadre of department heads in tow, sending the clear message that he can deliver government services to the public. He takes a few questions from the audience, but the format allows him to deflect anything tough, to delegate any problems to department heads, and to offer a thoughtful “we’ll look into that” when the need arises.

There is no substantive discussion of anything controversial — and no chance for anyone to see the mayor debate contentious issues.

This, of course, is by design.

Newsom has made it very clear during his first term as mayor that he can’t take the heat. He is the imperious press release mayor, smiling for the cameras, quick with his sound bites, and utterly unwilling to engage in any public discussion whose outcome isn’t established in advance.

He has become Mayor Chicken.

So don’t expect any leadership from Newsom during an upcoming series of what the Mayor’s Office is calling “policy town hall meetings” that have been hastily scheduled this year, beginning Jan. 13 in the Richmond District with a discussion of homelessness. The town hall meeting is just politics as usual for Newsom. Since taking office in 2004, he’s held eight of these stage-managed events.

“He does a good Phil Donahue shtick,” says Sup. Chris Daly, recalling one such town hall meeting Newsom held in Daly’s District 6 after he was elected mayor. “Scripted town hall meetings are smart politics for Newsom.”

Scripted events weren’t what Daly had in mind when he wrote Proposition I, which calls on the mayor to appear before the supervisors once a month to answer questions. And these campaign-style events certainly weren’t what voters had in mind Nov. 7, 2006, when 56.42 percent of them approved the Daly legislation, which asks the mayor in no uncertain terms to appear “in person at regularly scheduled meetings of the Board of Supervisors to engage in formal policy discussions with members of the Board.”

Examiner columnist Ken Garcia — a conservative hack who regularly sucks up to Newsom — recently dismissed the voter-approved measure as “a silly, obvious stunt to play rhetorical games with the mayor,” which is how the Newsom camp would like to spin things. But Daly recalls how when he first mentioned the idea of a mayoral question time — back when Willie Brown was still in Room 200 — he was sitting next to then-supervisor Newsom, “who thought it was a great idea.”

It’s hardly an unprecedented concept. Ken Livingstone, the mayor of London, meets with his city’s assembly 10 times a year and presents a detailed report on initiatives and progress. But now Newsom is mayor, suddenly Daly’s idea doesn’t strike him as all that great any more.

While it’s easy to accuse Daly of playing political games, it’s not so easy for Newsom — who loves to talk about the “will of the voters” — to dodge Prop. I. Newsom’s decision to snub voters and avoid real debate was so obvious that he got beat up on both the Chronicle and Examiner editorial pages, on several prominent local blogs, and in television broadcasts. Perhaps that’s why he decided this week to show up and give a speech at the Board of Supervisors inauguration Jan. 8, the first time in years he’s set foot in those chambers. He’s trying to look like he’s complying with voters’ wishes when he’s really doing nothing of the sort.

 

THE “KUMBAYA MOMENT”

It didn’t have to be this way. As board chair Aaron Peskin’s legislative aide David Noyola told the Guardian, immediately after Prop. I passed, Peskin tried to “depoliticize the issue” by becoming the sponsor of a motion to amend board rules.

Peskin’s motion aimed to make space on the board’s agenda for the mayor every third Tuesday so he could address the supervisors on policy matters — a matter he planned to discuss at the Dec. 7 meeting of the Rules Committee.

But two days earlier the mayor took his first jab at ducking the intent of Prop. I. He sent the supervisors a letter in which he claimed that to truly serve the public interest “we should hold these conversations in the community.”

Next, Newsom sent staffers to the Rules Committee hearing, where members discussed how not to force the implementation of Prop. I down the mayor’s throat — and the mayor’s staff claimed they’d be happy to work with the committee to that end.

As a result of this “kumbaya moment,” as Noyola calls it, the Rules Committee decided to continue the item to the following week to have more productive conversation. Meanwhile and unbeknownst to them, 19 minutes into the hearing, the Mayor’s Office of Communications issued a press release outlining Newsom’s intent to hold a town hall meeting in the Richmond District on Jan. 13 — which the mayor said would substitute for complying with Prop. I.

“The Rules Committee was blindsided by the mayor’s press release,” Noyola says.

The mayor, of course, said that all the supervisors were welcome to attend his town hall event and participate in the discussion, giving the appearance he was happy to debate but wanted to do so out in the neighborhoods. But that was a lie: Newsom and his staff knew very well that under state law, the supervisors were barred from participating in any such event.

According to the Brown Act, if a quorum of supervisors wants to be somewhere to discuss business that may be before the board in the future — such as homelessness — and if it wants policy interactions, the clerk must give notice that the supervisors intend to hold a special meeting.

The board actually discussed Newsom’s invitation, and board clerk Gloria Young estimated it would cost $10,000 to $15,000 to staff. It also raised serious procedural and legal questions for the board.

In other words, Newsom knew the supes couldn’t just show up and ask questions.

“But if the mayor wants people to just sit and attend a presentation in the background, like at a speech or a Christmas event, then special meeting notice isn’t needed,” notes Noyola, explaining why Peskin ultimately dismissed the mayor’s invite as “childish” — and why Peskin now says he’d support making question time a charter amendment, thereby forcing the mayor to comply with the will of the voters.

 

WHO’S PLAYING GAMES?

While the Newsom camp continues to dismiss the Daly-authored Prop. I as “political theater,” the supervisor is quick to counter it’s the Mayor’s Office that’s playing games.

“They claim political theater, but if that’s what it takes to get serious policy discussions going, then so be it,” says Daly, noting he has had one private discussion with the mayor in two years, while Sup. Geraldo Sandoval has not talked to him at all. “Newsom claims he has an open door to his office, but so do I — and he’s never been to mine. For the mayor to refuse to discuss important policy items and hide behind ‘I’m afraid of Chris Daly’ is pathetic. Willie Brown probably would have come.”

Daly also observes that San Francisco’s government is structurally unique within California because it represents a city and a county.

“It’s an awkward setup in which there is little formal communication between the board and the mayor,” Daly says, “other than when the board forwards legislation to the mayor for him to approve or veto.”

It’s a structural weakness that hasn’t been helped by the fact that in the three years since he was elected, Newsom only appeared before the board twice — this week and for the board inauguration two years ago — both times giving a brief speech but not engaging in dialogue. It’s an anomaly without precedent in the history of San Francisco. (It’s customary for mayors to deliver their State of the City speeches in the board chambers, but Newsom has done all his at venues outside City Hall.) Most mayors also make a point of occasionally appearing at board meetings (Willie Brown would sometimes even take questions from the supervisors).

On Jan. 8, Newsom slipped in at the last minute and sat next to Peskin until it was his turn to make some brief remarks, an opportunity that immediately followed public comment, during which a baseball-capped woman pleaded with the supervisors to “please kiss and make up with mayor.”

After Peskin welcomed “the 42nd mayor, Gavin Christopher Newsom, to these chambers where you are always welcome,” Newsom rose — and was hissed by a few members of the audience.

“This is a city that’s highly critical of its leadership and that expects greatness from its leaders,” the mayor said. “I have great expectations of 2007…. The key is to work together on the things that unite us…. I look forward to engaging with each and every one of you.”

 

WORKING TOGETHER

This isn’t just politics — there are serious issues involved. Without the monthly question time the Board of Supervisors requested and the voters approved, it’s hard for the city’s elected district representatives to figure out if this mayor actually supports or even understands the issues he claims to champion.

Last year, for example, Newsom was happy to take credit in the national press for the universal health care package that actually came from Sup. Tom Ammiano. But when Ammiano got blasted by business leaders, Newsom didn’t rush to defend the plan; it was hard to tell if he even still supported it.

Business leaders didn’t like that the proposal required employers to provide health care insurance. But Newsom’s own staff recognized that without that mandate, the plan would never work. Did the mayor support it or not?

The situation prompted Sup. Ross Mirkarimi to characterize the mayor’s proposal as “a one-winged aircraft that doesn’t fly,” and it was left to Newsom’s public health director, Dr. Mitch Katz, to confirm that both the voluntary and mandatory pieces of the legislation are joined at the hip. “One can’t successfully move forward without the other,” Katz said at a July 11 board meeting, which Newsom, of course, did not attend.

Since then, the mayor’s commitment to the amalgamated health care package has been thrown into question once again, this time thanks to a lawsuit the Golden Gate Restaurant Association filed only against the employer mandate aspect of the legislation.

The GGRA, which filed its suit the day after the election, is a Newsom ally that funneled more than a half million dollars in soft money into Rob Black’s unsuccessful campaign against District 6’s Daly and into Doug Chan’s coffers for his disastrous fourth-place showing in District 4.

Asked if he knows where the mayor stands on the city’s universal health care plan, Ammiano told the Guardian, “We’ll be meeting with Newsom in the new year and asking for a press conference in which we both pledge to give our continued support for all aspects of plan, but that’s not yet been nailed down.”

Ammiano’s experience is one example of repeated communication breakdowns between Newsom and the board, which have severely hindered policy discussions and the cause of “good government” to which Newsom so frequently pledges his fealty. As a result, Newsom has often ended up vetoing legislation only to reveal in his veto letter that all the legislation needed was a few minor tweaks — changes he might have just asked for had he been more engaged.

Consider how a year ago, Newsom vetoed legislation designed to limit how much parking could be included along with the 10,000 units of housing that were to be built in downtown San Francisco. The legislation was proposed by Newsom’s planning director, Dean Macris, and supported by every member of the Planning Commission but one.

When Newsom caught heat from downtown developers over the measure (see “Joining the Battle,” 2/8/06), he sent surrogates to muddy the waters and make his position unclear until after it was approved by the board. Newsom vetoed the measure, then proposed a couple prodeveloper amendments that hadn’t been brought to the board discussions.

“I’m trying to get the political leaders to come to an agreement because the city needs this,” a frustrated Macris told the Guardian at the time.

A few months later the board was similarly blindsided when it tried to approve legislation that would have created a six-month trial closure on Saturdays of some roads in Golden Gate Park. Newsom’s board liaison, Wade Crowfoot, worked closely with bicycle advocates and sponsor Sup. Jake McGoldrick to modify the legislation into something the mayor might be able to support.

Everyone involved thought they had a deal. Then, for reasons that still aren’t entirely clear, Newsom vetoed the measure. One of the reasons he cited was the fact that voters had rejected Saturday closure back in the 1990s, before the construction of an underground parking garage that still never fills up.

“For what it’s worth, what really sells it for me on this issue of the will of the voters was the shit I went through after Care Not Cash, when the voters supported it and [my critics] did everything to put up roadblocks. And I was making a lot of these same arguments, you know, so this hits close to home,” Newsom told the Guardian a few days after he vetoed Healthy Saturdays.

His words seem ironic: he loves the will of the voters when it suits his interest but not when it requires him to act like a real mayor.

This isn’t the first time Newsom’s been selective in honoring what the voters want: he also refused to hold up the Candlestick Park naming deal with Monster Cable, even though voters rejected it through Proposition H in 2004.

Last October, Newsom’s veto of Mirkarimi’s wildly popular foot patrol legislation led to a humiliating 9–2 override in November, but not before he’d dragged San Francisco Police Department chief Heather Fong with him through the political mud and created an unpleasant rift between himself and his formerly loyal ally Sup. Bevan Dufty.

Newsom has tried to spin his refusal to engage in question time as something other than defiance of voters by proposing the upcoming series of town hall meetings.

“Bringing these conversations to the neighborhoods — during nonwork hours — will allow residents to participate and will ensure transparent dialogue, while avoiding the politicized, counterproductive arguing that too often takes place in the confines of City Hall,” Newsom wrote in his Dec. 5 letter.

But even the Chronicle and the Examiner — neither of which have been supportive of progressives in City Hall — have condemned Newsom for ducking this fight. On Dec. 18, Chronicle editorial writer Marshall Kirduff opined, “There is no end of topics to discuss — a Muni overhaul, a new neighborhood coming to Treasure Island, police policies, the ever-with-us homeless. The city could do with more debate even at considerable risk of dopey rhetoric. That means the mayor should step out of his office, walk across City Hall and face the supervisors. It’s time to bring on the questions.”

Meanwhile, Daly notes the mayor has been spending excessive time out of state, not to mention making frequent trips to Southern California. “I think we should subpoena the guy; he doesn’t know what’s going on,” Daly quips.

A classic example of Newsom’s cluelessness about the local political scene occurred live on TV shortly after 59 percent of San Francisco voted to impeach President George W. Bush and Vice President Dick Cheney. Asked during a Nov. 16 City Desk News Hour interview with Barbara Taylor about Proposition J’s passage, Newsom said, “I am told Congress is going to come to a halt next week, and they’re going to reflect on this new San Francisco value. Before you impeach the president, you should consider the guy who would become president. Why don’t you start with the top two?”

Yup, it’s definitely time to bring on those questions. *

Newsom’s first town hall meeting takes place Jan. 13 at 10 a.m. in District 1, Richmond Recreation Center, at 251 18th Ave., SF.

 

A reporter stands up to the army

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› sarah@sfbg.com

Oakland freelance writer and radio journalist Sarah Olson has a tall, willowy frame; long silky hair; and a clearly articulated understanding of the reasons she believes that testifying against a source, First Lt. Ehren Watada, would turn her into an investigative tool of the federal government and chill dissenting voices across the United States.

Watada faces a court-martial in February; he’s charged with one count of missing troop movement and four counts of conduct unbecoming an officer — charges that stem from interviews he gave Olson along with other reporters in 2006 in which he openly criticized the Bush administration and the war on Iraq.

Olson faces her own legal nightmare: if she doesn’t testify against Watada, the government can charge her with a felony. That’s potentially more serious than the contempt of court charges against freelance videographer Josh Wolf and San Francisco Chronicle reporters Lance Williams and Mark Fainaru-Wada.

"My argument for being against having to comply with the subpoena is strictly journalistic, " says Olson, who has been covering the antiwar movement and the conscientious objector movement since 2003. "When the government uses a journalist as its eyes and ears, no one is going to talk to that journalist any more."

Beyond the fear that her own professional credibility will be eviscerated, the 31-year-old Olson objects to journalists, including herself, being asked to participate in the prosecution of free speech.

Although all the Army wants her to do is assert her stories quoting Watada are true, she’s not going along. "The problem I have with verifying the accuracy of my reporting is that in this case the Army has made speech a crime. Watada’s case raises incredibly important speech issues as to what is and isn’t legal for an officer to say. Can Watada’s defense put the war on trial? Can you bring the question of the legality of this war into the discussion? Normally, that wouldn’t be allowed into discussion in a military court, but since he’s been charged with speech issues, shouldn’t he be allowed to have the opportunity to put those statements in context?"

And while her stories and radio broadcasts are readily and publicly available to Army prosecutors, Olson points out, "Once they get you up on the stand, they can ask you anything."

What binds the Olson, Wolf, and Williams–Fainaru-Wada cases are the broader issues of press and speech freedom and the absence of a strong reporter’s shield at the federal level.

"The proposed federal shield laws offers poor protection to journalists, but they probably wouldn’t even cover me, and they probably wouldn’t cover bloggers ever," observes Olson, referring to the legislation currently under congressional consideration.

As for entering into a conversation about who is or isn’t a journalist (as the San Francisco Police Department and the District Attorney’s Office have sought to do in Wolf’s case), Olson says, "[That] is degrading for the whole profession. And what it doesn’t do is stand up for the civil liberties that are constitutionally afforded to everyone, nor does it protect a meaningful and independent press."

"My duty," Olson says, "is the public and its right to know and not to the government. I’m concerned that the Army is asking a journalist to participate in the suppression of free speech." *

NOISE: Chavez lives, live

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Guardian contributor Michael Harkin caught Chavez’s reunion performance at Slim’s on Dec. 30. Here’s his review:

chavez.jpg

Chavez’s return to playing live shows certainly isn’t a comeback of the “we were once stars, and are now in need of money” variety. The ear-ringing muscularity of their take on ‘90s indie rock could conceivably have found a place in the popular consciousness in 1995-1996, but somehow it didn’t work out that way. Very few below-the-radar rock bands sound like Chavez anymore: when the word “indie” gets dropped, people tend to think of the Shins before they think of a band like, say, Shellac. Whatever the status of their popularity, the melodic, often hummable force of Chavez is brutal in the most wonderful way, and San Francisco was lucky enough to experience the flattening steamroll of that force once again.

At Slim’s on Dec. 30, vocalist and guitarist Matt Sweeney, like most of the band, maintained a pretty quiet onstage disposition: why talk when you can play to a big crowd? Going so far as to shush well-meaning guitarist Clay Tarver when he started chatting up San Antonio with the audience, he made clear this was clearly a professional affair. Sweeney — who released Superwolf (Drag City) in 2005 with Bonnie “Prince” Billy, and a onetime member of Billy Corgan’s short-lived Zwan — is the band’s most famous face. Chavez’s other members are a bit less known, although not entirely: drummer James Lo played in Live Skull, and everybody’s heard of bass player Scott Marshall’s dad — yep, Garry Marshall, creator of Happy Days.

Kennedy: “Is there any American in this country who thinks the United States Senate would vote to support sending American troops into a civil war in Iraq today?

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By Bruce B. Brugmann

This is a quote that makes the critical political point:

Sen. Edward M. Kennedy (D-Massachusetts), in an interview published in the New York
Times on Tuesday, continued, “Is there any American that believes this? I don’t think so, but that is what’s happening, and we have to do everything we can to to insist on accountability.”

Kennedy said he will introduce legislation on Tuesday to require the president to get new Congressional authority before sending more troops to Iraq, according to a story by Jeff Zeleny. Kennedy is proposing the first bill in the Senate that would prohibit paying for an increase in American troops over their level on Jan. l. The Kennedy plan is intended to provide Democrats with a road map on how to proceed in Iraq.

Kennedy said that Congress interceded during conflicts in Vietnam and Lebanon, and Democrats should not hesitate to do so in Iraq.

“By law,” the article said, “Congress can limit the nature of troop deployment, cap the size of military deployments and cut financing for existing or prospective deployments.” To those who claim Congress ought not to cut off funds or intercede, the article pointed out that “since l970, there have been dozens of occasions in which Congress has tried to step into military action, from Haiti to Bosnia to Kosovo,” and it pointed its source as a memorandum being circulated Tuesday to Congress by the Center for American Progress, a liberal think tank.

The memorandum, linked below, cites specific examples of congressional intervention from the l970 Church-Cooper amendment that prohibited the use of any funds for the introduction of U.S. troops into Cambodia to the June l998 Congressional prohibition of funding for Bosnia after June 30, l998. It also included additional examples where congressional efforts to influence policy were not enacted into law, from a l994 move by then Senator Jesse Helms to prohibit funding for any U.S. military operations on Haiti to the prescient 2002 move by Rep. Spratt to require the president to seek congressional authority before using military force against Iraq without a UN resolution.

As the memo sums up, the “defeated provisions reflect attempts by Congress to shape the president’s policy on military deployments. Taken alongside the several examples listed above that were enacted into law, they demonstrate that the president should expect that Congress can and will shape U.S.
policy as it relates to military deployments.”

So: there is plenty of precedent and no excuse for Congress not to fight back fast and effectively to the president’s upcoming surge speech. Nancy? Nancy Pelosi to her credit is speaking up and rightlyi calling the surge “escalation” and proposing that Democrats consider blocking funds for any increase in troops. Keep it up. Support the Kennedy proposal or anything stronger. Keep the pressure on Nancy and the Congress. If these moves don’t work, as they probably won’t, then the question is: impeachment or continuing to waste the blood and treasure of the U.S. in a civil war without end. Alas, there is no other choice. B3

Center for American Progress: Congressional Limitations and Requirements for Military Deployments and Funding

Your tax dollars at work

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By Tim Redmond

Robert Byrd is 89 years old, and still truckin’ along. He lnterrupted the Senate’s opening prayer this week, shouting “Yes Lord” and “yes in Jesus’s name.” Ted Kennedy pantomimed tuppling from a bottle during the high points of the Byrd show.

The Star Trek mayor

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By Tim Redmond

Has anyone else noticed how much Gavin Newsom is starting to look like Lt. Commander Data?

Out on the Bloc

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OK, OK I know we’re beyond the gawker-closet phase (“OMG he’s gay???). I ain’t no Valley Girl. But — MEOW. One of my favorite singers ever just stepped gingerly over the shoe-tree threshhold. Kele Okereke from Bloc Party.

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According to this article on Towleroad, which recounts some juicy details of an interview in the Guardian UK (how’s that for twisted blogoreference?), Kele felt he had to start talkiing more about his sexuality because the content of some of the songs on the new Bloc Party album A Weekend in the City practically begged for it. (One song explicitly references the beating death of gay bartender David Morley, who was killed so people could record the death on their cell phones. Neat!)

“Okereke’s cautious coming out is colored by [what he sees as] ‘definite homophobic bias-slash-persecution” he sees from the music press regarding out gay people,'” according to Towleroad. And of course this is great publicity for the new album. But of course I would have bought it anyway. Now I have to go write some unabashed mash notes to the fan site ….

PS: On the new BP song “The Prayer” does Kele sing “I will dazzle them with my weave” in the chorus?

Surging casualties

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@@http://www.sfbg.com/blogs/bruce/@@

Fortwo foryou

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Yes, I’m from Detroit, where the frickin’ autoshow was shoved down my throat constantly. (It’s so huge now, they’re threatening to tear down the host site, Cobo Arena, and build a bigger showplace — uh, I thought the car companies were as broke as Dennis Rodman’s penis up Madonna…) And yes, innumerable Detroiters laughingly forwarded me that piece from the New York Times last week about San Francisco parking rage. (We’re killing each other for spaces!). But look! All the rage at this year’s autoshow is the debut — well, in 2008 — of the eminently parkable two-seater we’ve been tempted by for years and years — the SmartCar.

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The model us Merikkkans get is called the Fortwo, which already killed ’em in Canadaland. Forget the clouds of Hybrid smug, Cartman, soon these will be insufferably and necessarily omnipresent among the do-good celeb classes. Of course, DaimlerChrysler, the US distributor, hopes folks, buy it as a second car for city driving — no need to compact that Benz just yet. Still, for this car not to inspire a riot among hemi-bling Detroiters means the ecology’s come a long way …. now about the trans fat from all them biscuits ….

Gonzalez on the fence?

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By Tim Redmond

I think Luke Thomas at FCJ is the first one to officially claim to have unofficially announced that Matt Gonzalez is really running for mayor. But everyone in town is talking about it, and the typical discussion is around not whether but when he will join the race.

There are two conflicting schools of thought here. Some think Gonzalez would need to get in soon if he’s going to raise money and be taken seriously. Others (including, I suspect, Matt himself) would rather wait until the end of the summer and get in at the last minute.

Personally, I think the late-entry plan is a mistake. Four yeas ago, nobody expected Gonzalez to enter the race; he wasn’t even a factor in the discussions. I was on a tv show with him about three months before he wound up entering the race, and we both agreed that it was unlikely there would be any candidates beyond Gavin Newsom, Tom Ammiano and Angela Alioto. There really was a last-minute draft-Gonzalez movement when it became clear that Newsom was headed for an easy victory; part of his appeal was the novelty of it all.

Of course, he pissed a lot of people off, especially in the queer community, but jumping in and effectlively shooting down Ammiano’s campaign. But I don’t think it was a sneaky pre-meditated strategy. Gonzalez can be an impulsive guy; he just decided one day to go for it.

This time, anything he does late in the game will be seen as nothing more than a political strategy. It will look as if he’s intentionally holding back to see who else runs, to let the race play out a bit, and to give himself an advantage. That won’t fly so well in 2007.

There’s already too much talk; too many people have too much riding on this. We need a progressive candidate, and if it’s not Gonzalez, then perhaps someone else will enter (and Gonzalez will look like a spoiler at the end). If he’s going to run — and I hope he does — he should decide soon and get on with it.

I called Gonzalez today, and he insisted that he hasn’t made any announcement, prive or public, official or unofficial. “I’m not running for mayor,” he said. “I’ve made that point over and over again. I have said that I’ve thought about it, and I have. But I’m not getting in anyone’s way, and if another strong candidate wants to run, they should go ahead.”

I told him that I think he needs to make a final decision soon, and rule himself out if he isn’t going to run. “I agree with that,” he said.

Nerd party!

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Will there be tape on their mojito glasses? Will everyone be “doin’ the snarf”? It’s the annual Macworld Blast this Tuesday “night” (8-11pm, duh) — and I wasn’t invited!

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Promising “live entertainment” (The Klezmatics, mayhaps?), a chance to “mix and mingle with fellow Macworld attendees, speakers, and staff,” and a grand location (“The Moscone Center, in the South Hall at the bottom of the escalator”), Macworld Blast is something I’m dying to infiltrate — it’s sold out at $40 a ticket.

So I figure I’ll just hang out outside the Moscone and jump tipsy Macaddicts for their iPods (and maybe nifty new iPhones). That shit’ll Ebay my way to Cancun, baby! I loves me some Macworld Expo …

State of the union …

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Posted this morning outside my Dumpster: Plain as day. — Marke B.

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The case of the multiplying ironies for the Hearst, Singleton, McClatchy, Gannett, and Stephens chains

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By Bruce B. Brugmann

As attentive B3 blog readers will remember, I sent my previous blog raising the tantalizing questions about why Hearst et al were for sunlight in Santa Clara County Superior Court and for darkness in San Francisco federal court to Hearst corporate in New York City via Chronicle Publisher Frank Vega and Editor Phil Bronstein.

No reply as yet. However, a short Chronicle follow story was relegated from the front page of the Friday business section to the bottom left of the second page of the Saturday business section (see link below). Once again, the Chronicle reported without blushing that its attorneys argued that records in the backdating scandal involving the Mercury Interactive Corp. ought to be unsealed. Chronicle attorneys asked “to have the documents made public, arguing they would shed light on how the Mountain View company manipulated stock options,” according to the story.

Good point. So the ironies continue: how can the Chronicle argue to unseal Santa Clara County court records to shed light on financial manipulations and at the same time argue in San Francisco federal court to keep sealed the records of its financial manipulations with Singleton et al? Why don’t they explain the irony? After all, these financial records would shed some light on a story that is terribly important for the staffs of all Hearst/Singleton newspapers in Northern California, their communities, the free press, and the First Amendment. Back to Hearst corporate, Vega, and Bronstein. (Watch for a more complete report on manipulations and ironies by G.W.Schulz by G.W. Schulz in Wednesday’s Guardian and website.)

Note to the Santa Rosa Press Democrat/New York Times: you are now the only non-Hearst/Singleton daily in the Bay Area. Why don’t you start acting “competitive” and start covering the story your “competitors” are censoring. B3

SF Chronicle: Judge to hear Mercury arguments

Call the pedophile police

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I just spent an inordinate amount of important mirror time in thrall to 16-year Brit sensation Lil Chris. Somebody shoot me. Winner of some sort of British Idol-like contest progged by Gene Simmons from Kiss, he’s like Hanson singing Buzzcocks songs. Yes this is enormous sacrilege — but didn’t we know that pop music was spinning in this direction?

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His producers are doing everything they can to “sex him up” with all the double entendres and accidental shirt-lifts they can. But he’s really just this tiny teenager “rocking out” and clearly pleased to be alive — something distinctly missing in his female counterparts (let alone Justin … or even Aaron Carter, where’d he go? Popsicle rehab?) Either that or he’s constipated. The vid for “Getting Enough??” is reason alone for me to want to marry him in several, several years. Tiny tiny tiny!

NOISE: 21 Grams…? For a Rogue cause

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You love Gram Parsons, you know you do. Hot Burritos are your real-deal meal. Nudie suits are so cute. Dark ends of streets are where we meet.

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So you know you wanna c’mon down to the seventh annual “Sleepless Nights,” Gram Parsons tribute and benefit concert, Saturday, Jan. 13, at Great American Music Hall. Especially ’cause the show benefits the Pat Spurgeon Kidney Foundation, the organization started on behalf of the Rogue Wave drummer. This year’s hoedown in honor of the country-rock pioneer includes Dave Gleason’s Wasted Days, Red Meat, a Mover reunion, Real Sippin’ Whiskeys, Paula Frazer and Patrick Main, Elisa Randazzo (of Fairechild) and Ben Ashley (of the Shore), Sweetbriar and Eric Shea (solo). Former Parchman Farmer Shea is all over here because it’s his baby – he began the event seven years ago.

“Pat Spurgeon from Rogue Wave is an incredible drummer and an even more incredible human being. He was born with one kidney and it totally failed on him,” Shea states. “Pat was able to get a transplant in 1993, but that kidney is failing and he’s in urgent need of a new one.”

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Spurgeon has been on dialysis since April and is hoping desperately to find a donor, the organizers say. Provided he finds a donor, there will be an enormous amount of costs that both Pat and his donor will incur. In a logical world, medical insurance would cover his donor’s and his expenses after the procedure, but it does not; so he and his family must carry the financial burden. The expenses can be huge. To learn more about Pat’s plight, organizers bid you to go to www.RogueWaveMusic.com

“Sleepless Nights” happens at the Great American Music Hall , 859 O’Farrell, SF. The show starts at 9 p.m. Tickets are $10 advance/$12 door. (415) 885-0750.

NOISE: Imagine Mac World Weir-ed

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Not-dead Dead member alert! Macworld plug alert!

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The John Lennon Educational Tour Bus, a nonprofit state-of-the-art mobile recording and multimedia studio, will pulling into the Macworld Conference & Expo in San Francisco and stopping for a spell, from Monday, Jan. 8, through Thursday, Jan. 12. The mobile studio gives free workshops to students throughout the country, and Pulitzer Prize-winning shooter Vincent Laforet will take a group photograph of the first 250 attendees who come to the bus to commemorate its decade of edutainment.

Dead dad Bob Weir lead a student recording session Monday (reservations only) and will be at a book signing Tuesday, January 9th for Come Together: The Official John Lennon Educational Tour Bus Guide to Music and Video (Thomson). Free daily tours of the Bus and seminars featuring introductions to all of the latest gear are available daily at Macworld. It’s happening at Moscone Center, 747 Howard, SF.

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

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By Bruce B. Brugmann

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

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

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

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

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

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

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

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

Cops behaving badly

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By Tim Redmond

Three interesting items today that reflect on the state of the SFPD:

David Hill is convicted of second-degree murder in the killing of Officer Isaac Espinoza. That means he’ll get life without parole — but not the death penalty. From the start of this case, D.A. Kamala Harris refused to push for death, in part because she doesn’t support the death penalty but also because she insisted that it was very unlikely a jury would return a verdict of first-degree murder here. The cops went batshit on her. Guess what? She was right.

The feds put a 60-year-old woman in prison for cutlivating medical marijuana — with the help, Fog City Journal charges, of of a San Francisco cop. Yet another example of the SF cops working with the feds to contravene local law.

The Chron finally reports on the resignation of OCC director Kevin Allen but missed the larger point: The Police Officers Association apparently cheered Allen’s resignation, which was based in part on health issues. When will the chief tell her troops to stop acting like thugs?

NOISE: Sonic Oldster sing-along

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Yeah, everyone’s tired of those Sonic Youth AARP jokes – but this clip takes the cake for the sheer enjoyment – behold Young@Heart singing SY’s “Schizophrenia.”

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NOISE: 10 to the 75

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75 Degrees‘ Rick Bond was late with his holiday year-end Top 10 in terms of the print edition of the Guardian, but it’s never too late for our always-interested, always-ravenous-for-news blogestablishmentarianistic virtual side. Fill our Top 10 void, Rick. Here ’tis, at last:

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75 Degrees of inseparableness. Courtesy of www.rasputinmusic.com

1. 75 DEGREES, “X-MAS CLASSIC (GHOSTRIDE THE SLEIGH)”
NOBODY MAKES A BETTER HIP-HOP BAY AREA HOLIDAY JOINT THEN THE SEVEN FIZZLE!…actually, nobody else ever has.
2. San Quinn, The Rock
3. Mista FAB, “Ghostride It”
So good it hurts.
4. Oakland A’s getting out of the first round of the playoffs!!!
5. Stacy Dash in Playboy
6. Nacho Libre
7. Little Star Pizza
Deep dish classic with pepperoni instead of onions.
8. Glen Goins introducing the Mothership/P-Funk on tour in 1976, YouTube
He sings and plays guitar better than most people who do only one of those things today and he’s just the intro guy.
9. Sly Stone on Merv Griffin singing “If You Want Me To Stay,” YouTube.
10. Aretha Franklin singing “Bridge Over Trouble Water” AND playing piano, YouTube.

Honorable mentions: Flipsyde (shows and album = DOPE), 75 Degrees’ The Last Great Hip-Hop Album being featured on iTunes! and the term: “Strangerous” as in, “Call me girl, why you gotta be so strangerous?”

P.S. 75 Degrees has got a new official Myspace page too: www.myspace.com/seventy5degrees

The Grand Canyon and Noah’s flood

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By Tim Redmond

This one is really amazing, even by the standards of our current theocracy: The National Park Service is selling a book in the Grand Canyon bookstore that argues that the canyon was created by Noah’s flood. And “The Grand Canyon Park is not permitted to give an official estimate of the geologic age of its principal feature, due to pressure from Bush Administration appointees,” the group Public Employees for Environmental Responsibility says.

For starters, after my long years in Catholic school, I think I can pretty safely argue that Noah’s flood didn’t take place in North America; most biblical scholars place it in the Middle East, and say he landed on Mt. Ararat.

But never mind that level of hokum; this suggests that the creationists have gotten so powerful that even basic geology is held hostage.

Rep. George Miller, soon to take over the committee that oversees the park service, might want to look into this.