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News & Opinion

Campus crush

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› news@sfbg.com
It’s easy to forget about the Villas Parkmerced.
Nestled in the foggiest, most sedate corner of San Francisco, the 62-year-old planned community feels like a slice of suburbia for seniors and families.
“There’s grass. There’s trees. There’s traffic circles where the cars can’t speed too damn much and knock off the pedestrians,” says 82-year-old Robert Pender, a tenant since 1967. “It’s forgettable suburbia in urban San Francisco.”
But the peace has been shattered recently by word that San Francisco State University is laying plans to transform its campus into a smaller version of UC Berkeley — with little apparent concern for its neighbors just across the street.
The SFSU administration has been busy at work for the past year on a new campus master plan. University officials say the body of college-bound students in California is steadily increasing and a campus overhaul is needed to accommodate that growth by 2020.
The proposed expansion calls for a conversion of many of the two-story buildings on campus to four- or five-story structures, as well as the construction of new buildings for academic, housing, and cultural purposes. A new 250-room hotel at 19th Avenue and Buckingham, a new creative arts facility, and a new gym are also on the table.
The project’s chief architect, James Stickley, told the Guardian that the master plan is about making SFSU “efficient as an urban campus” and transforming its character from a commuter campus to a destination community. In 15 years, he said, university officials expect to have 25,000 full-time students at the university (an increase of 5,000 students), many of them living on campus and taking advantage of new amenities and commercial ventures within university borders.
It’s an ambitious vision that aims to attract more students and accomplished professors to the SFSU campus. Which is great news for just about everyone — except the tenants of the 3,400-unit Villas Parkmerced, who allege not only that they were forgotten during the university planning process but also that their neighborhood is now coming under attack.
“I would love to see SFSU come out as a premier university and to have a really strong image,” said Adriana Torres, a current Parkmerced tenant and former SFSU student. She was speaking at a meeting held Oct. 24 to assess the environmental impacts of the university’s proposed master plan. “But you are not taking into consideration us, the people who live next to the students,” Torres continued. “I think what this plan is doing is, in building your image, it’s eroding ours.”
The meeting was hosted by campus planner Richard Macias and was attended by more than 70 disgruntled Parkmerced residents.
One major area of contention is the university’s proposal for Holloway Avenue, which separates much of the Parkmerced community from SFSU. The university intends to transform Holloway into what Stickley called “a campus street,” with around-the-clock commercial stores at street level and student housing above, something akin to Berkeley’s Telegraph Avenue. The university already owns much of the residential property on the south side of Holloway.
But Parkmerced tenants still occupy about 70 percent of that housing, and in their minds, plans for the gradual conversion of that property “for University uses as current occupants vacate their units,” as a university notice put it, sounds a lot like a friendly eviction letter.
“I have lived in Parkmerced all my life,” Healeani Ting said at the Oct. 24 meeting. “My grandmother died here. My mother died here. I intend to die here. Would you have me living in a relocation camp for the homeless in Fresno?”
Parkmerced tenants also assert that SFSU has drastically underestimated the impact of 5,000 additional students on the neighborhood.
Parking — no surprise — is the biggest issue. The university notes in a preliminary environmental review document that “the bulk of the University’s parking needs is met through the multistory parking garage east of Maloney Field” and therefore it won’t be adding any additional parking spots to accommodate 5,000 more students. Parkmerced tenants maintain their parking situation is already a nightmare, thanks to students snatching up spots in their community.
“If you think that you’re going to confine the garbage, the noise, the disruption to all the residents by keeping everyone along Holloway, you’re wrong,” Michelle Miller, a resident of Parkmerced and the head of a local organization called Neighborhood Watch, said at the Oct. 24 meeting. “They filter out. They all want cars. If you keep your parking flat, that’s not going to work.”
University spokesperson Ellen Griffin told the Guardian that SFSU is interested in fostering a “collegial relationship” with Parkmerced tenants and the university will be taking their complaints seriously. University officials met with Parkmerced tenants Nov. 9 to discuss some of their objections. According to Parkmerced Residents’ Organization board member Arne Larson, the university said it would consider moving graduate students and professors to Holloway instead of pursuing the campus street idea.
Of course, SFSU doesn’t have to do any of that. As a state entity, the university has the authority to create and adopt its own plans without involving the San Francisco Planning Department.
The university is preparing an environmental impact report — but no matter what the document says, the project can move forward without city review or approval.
Sarah Dennis, a senior planner with the Planning Department, told us her agency is concerned with the project on two counts: first, the campus street proposal threatens to drain 945 units from the city’s already vulnerable rental housing stock; and second, the overarching plan endangers the basic historic and cultural resources of the city. The Villas Parkmerced is one of only four urban master plan communities in the country.
“We’re hoping that they’ll follow the good-neighbor policy and that we’ll have the opportunity to get involved,” Dennis said. “But again, that’s all up to them.”
District 7 supervisor Sean Elsbernd said that he too is concerned with the SFSU master plan.
“At this point [the university is] at least recognizing this is going to have a massive impact,” Elsbernd told the Guardian, referring to the SFSU environmental impact report that is under way. “But we can guess what’s going to be in that EIR when it’s finally published: ‘Oh look, they say there won’t be much of an impact.’ That’s when the real fight happens.” SFBG

If Fong goes

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› news@sfbg.com If November has been a bad month for Mayor Gavin Newsom, it’s been worse for his police chief, Heather Fong. The entire battle over police foot patrols has made Fong look terrible. She started off saying that the department simply couldn’t afford to put more cops on the streets in high-crime areas because she didn’t have the troops to do it. She and the mayor fought hard to defeat the legislation. The bill passed anyway, effectively ordering her to do what she claimed she couldn’t do, and it was vetoed by Newsom. But as it seemed likely that the Board of Supervisors had the votes to override the veto, Fong came out with her own foot patrol plan, which wasn’t all that different from what the board had approved. Suddenly, she seemed to be saying that foot patrols really were possible. After the veto override she went in another direction, telling a TV interviewer that she wasn’t sure her captains were going to follow the law anyway. Police Commission member David Campos pushed her on those apparent flip-flops at the commission’s Nov. 15 meeting, and she bobbed and ducked like a wounded quail. In the meantime, at least one Newsom ally, Sup. Bevan Dufty, proclaimed that he had no faith in the chief, and numerous others on the board publicly decried her lack of leadership. Fong sat in the board chambers Nov. 14, looking visibly shaken, and listened to it all. And rumors started swirling that Newsom was ready to fire her. Not a good sign for the city’s first female top cop, who was already under fire for the skyrocketing murder rate and for failing to hold bad officers accountable for abuses of authority. But Fong has one thing going for her: some progressives think that the immediate alternatives are even worse. Campos, a proponent of foot patrols, told us he was critical of the chief’s reaction to the supervisors’ plan — a plan that the board only decided to implement after watching crime levels rise for three years straight and gaining unanimous backing from the Police Commission and significant support from a frustrated public. But he’s not so sure giving Fong the ax will help. “I understand the criticisms,” Campos told us, “but as a progressive, I’m worried what will happen to police reform if Fong is no longer there. Under her leadership we’ve seen a dramatic change in approach from that of her predecessors. There’s been less conflict, and her focus has been on how to get the job done without drama. She’s not a bomb thrower, and that’s been a real positive change.” The politics of the situation are complicated: sure, some progressives are furious at the chief — but a lot of the pressure to get rid of her is also coming from the police union and the old guard at the department. “Some of the people who are critical of her are those who also aren’t keen on reform and have tried to slow down the reform promises contained within Prop. H,” Campos explained. “To me, that raises my concern. I don’t want those people to succeed in their efforts. Their track record has not been good.” Sup. Tom Ammiano added, “You can change the chief, but that won’t address the real problems.” Commission member Theresa Sparks noted that “Chief Fong has brought a strong sense of integrity and a lot of administrative order to the department and made some changes of command staff. My only concern is the willingness of the rank and file to follow her leadership, given that she has such a different leadership style.” Sparks argued that whenever Fong leaves, the commission ought to go beyond the traditional practice of promoting from within. “There’s a number of qualified people within the department who certainly should apply,” she said, “but San Francisco might benefit from looking farther afield, much like Los Angeles did.” There will, no doubt, be tremendous pressure to hire from within the ranks. Dufty — who, to his credit, defied the mayor and voted to overturn the foot patrols veto — is a fan of Deputy Chief Greg Suhr. Yet Suhr was one of the so-called Fajitagate defendants charged with conspiracy, although the charges against him were dismissed in court. He was in command of 100 officers during an anarchist demonstration in the Mission District in July 2005 when patrol officer Peter Shields was overwhelmed by protesters and injured. (That was the demonstration that led to the jailing of journalist Josh Wolf — see Editor’s Notes, on the cover.) Suhr blamed a communications breakdown; Fong said that wasn’t possible. Suhr was exiled to a job with the SF Public Utilities Commission shortly afterward. Police reform activists don’t consider Suhr an ally, but Dufty called him “a very strong cop.” Even so, Dufty agreed that the department might benefit from outside leadership. “We’re at a stage where the balkanization of the department is at a level I’ve never seen,” he told us. “I’ve never thought that there should be a chief from the outside, but at this time I would consider it.” SFBG

Josh Wolf’s appeal rejected

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@@http://www.sfbg.com/blogs/politics/2006/11/josh_wolf_petition_denied_to_r.html@@

What you can do

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What: Free Josh Wolf!
When: Thursday, December 7th 2006, 7:30pm
Where: Balazo, 2183 Mission Street @18th, 415-255-7227

On December 7th, journalists, activists, and local leaders will come
together to call upon the United States Government to free independent
videographer and freelance journalist Josh Wolf. He is currently in
“coercive custody” at the Federal Detention Facility in Dublin, California.
He is not charged with any crime. Please join us for a night of music,
inspiring speakers, and action in support of Josh Wolf and to demand that
Congress pass a Federal Shield Law protecting journalists and freedom of the

press. $10 Suggested Donation. No one turned away for lack of funds. For
more information about Josh Wolf go to www.joshwolf.net. Contact:
andy.blue@yahoo.com.

To read Josh’s prison blog, click here

Free Josh Wolf Support Update
11/14/06

http://joshwolf.net/blog/
http://freejosh.pbwiki.com

*****************************
In this email:
1) Legal Update
2) Josh Wins Society of Professional Journalists’ Journalist of the Year
Award
3) Josh Wins 2 Vloggy Awards
4) New Flyers!
5) Josh Can Receive More Books
6) How Can I Support Josh?
*****************************

1)Legal Update

See story

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

2) Josh Wins Society of Professional Journalists’ Journalist of the Year
Award http://www.spj.org/norcal/
http://www.indybay.org/newsitems/2006/11/10/18328773.php

“On Thursday, November 9th, Northern California Chapter of the Society
of Professional Journalists held their annual banquet. Of the many
honors that were bestowed on people, arguably the most prestigious,
Journalist of the Year, went to imprisoned video documentarian, Josh
Wolf, along with other grand jury subpoena resisters, San Francisco
Chronicle sports writers, Lance Williams and Mark Fainaru-Wada.

Wolf’s mother, teacher Liz Wolf-Spada, accepted the award on behalf of
her son. Wolf, who had been imprisoned, released and then
re-imprisoned, has served a total of 82 days in a federal penitentiary
for refusing to turn over his unedited video footage of a July 2005
San Francisco protest. From: Indybay.org

Read Josh’s Acceptance Speech: http://www.joshwolf.net/blog/?p=277

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

3) Josh Wins 2 Vloggy Awards

Josh’s video, All Empires Must Fall, received the Judge’s Choice Award
for Most Controversial Video and the People’s Choice Award for Best
Male Vlogger.

Read Josh’s Acceptance Speech: http://www.joshwolf.net/blog/?p=273

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

4) New Flyers!

Thanks to Njeri for making these awesome flyers!

You can download them here:
http://freejosh.pbwiki.com/f/joshwolf_flyer.pdf
And view them here: http://freejosh.pbwiki.com/Flyers%20and%20Graphics

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

5) Josh Can Receive More Books

Josh is ready for more books! THANKS!
http://freejosh.pbwiki.com/Send%20Josh%20Books

Please consider sending a book to Josh while he is being held in
prison. It’s a great way to show your support for him!

Josh’s Book Wish List:
Days of War, Nights of Love – The Crimething Ex-Workers Collective Logic
and Contemporary Rhetoric – Howard Kahane

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

5) How Can I Support Josh?

10 WAYS TO SUPPORT JOSH http://freejosh.pbwiki.com/Help%20Support%20Josh

There are lots of things we can all be doing to help Josh.

Here are the top 10 ways

1) SEND LETTERS and maintain correspondence with Josh while he is
incarcerated. We need to let Josh know that we are thinking of him and
supporting his courageous and important stand. Visit:
http://freejosh.pbwiki.com/Write%20Josh%20Letters for info on how to
send a letter to Josh. Please remember that all of Josh?s letters are
read by the prison authorities and it may take a while for your letter
to reach him.

2) SEND A BOOK to Josh. Find Josh’s book wish list and info on how to
get him a book visit: http://freejosh.pbwiki.com/Send%20Josh%20Books

3) READ HIS BLOG from prison. Josh’s blog is still being updated by
his family and friends. Letters from Josh will be posted as they are
received. http://joshwolf.net/blog/

4) DISTRIBUTE FLYERS about his case:
http://freejosh.pbwiki.com/Flyers%20and%20Graphics

5) DONATE to Josh’s support fund via Paypal:
http://joshwolf.net/grandjury/donate.html

6) PLAN BENEFIT CONCERTS AND EVENTS to raise money. There have been
several concerts and fundraisers thrown recently to support Josh. If
you are interested in hosting a concert or other type of fundraiser
please contact Josh’s support team at: freejosh(at)joshwolf.net so we
can assist you with publicizing your event.

7) JOIN AND PARTICIPATE in the Support Josh Wolf Email List:
http://lists.riseup.net/www/info/supportjoshwolf

8) PROMOTE JOSH’S CASE. Write letters and articles of support for Josh
to your local media. Blog about his case. Link to his blog and wiki.
Post “support Josh” banners on your blogs and webpages:
http://freejosh.pbwiki.com/Flyers%20and%20Graphics

9) SEND LETTERS to the other inmates who are being incarcerated along
with Josh at FCI Dublin. You can get their contact information at:
http://freejosh.pbwiki.com/Write%20Josh%20Letters

10) BECOME INVOLVED WITH THE SUPPORT TEAM. Email:
freejosh(at)joshwolf.net or the Email List if you are interested in
getting more involved. We still need people willing to help with tech
support, organizing, fundraising, graphic design, publicity, media and
legal support. Send an email to the support team indicating how you
would like to help and we will plug you in!

Full report of Josh Wolf case

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@@http://www.sfbg.com/fullcoveragejoshwolf.pdf@@

The new Iraq-war media offensive

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The American media establishment has launched a major offensive against the option of withdrawing U.S. troops from Iraq.

In the latest media assault, right-wing outfits like Fox News and The Wall Street Journal editorial page are secondary. The heaviest firepower is now coming from the most valuable square inches of media real estate in the USA — the front page of The New York Times.

The present situation is grimly instructive for anyone who might wonder how the Vietnam War could continue for years while opinion polls showed that most Americans were against it. Now, in the wake of midterm elections widely seen as a rebuke to the Iraq war, powerful media institutions are feverishly spinning against a pullout of U.S. troops.

Under the headline “Get Out of Iraq Now? Not So Fast, Experts Say,” the Nov. 15 front page of the Times prominently featured a “Military Analysis” by Michael Gordon. The piece reported that — while some congressional Democrats are saying withdrawal of U.S. troops “should begin within four to six months” — “this argument is being challenged by a number of military officers, experts and former generals, including some who have been among the most vehement critics of the Bush administration’s Iraq policies.”

Reporter Gordon appeared hours later on Anderson Cooper’s CNN show, fully morphing into an unabashed pundit as he declared that withdrawal is “simply not realistic.” Sounding much like a Pentagon spokesman, Gordon went on to state in no uncertain terms that he opposes a pullout.

If a New York Times military-affairs reporter went on television to advocate for withdrawal of U.S. troops as unequivocally as Gordon advocated against any such withdrawal during his Nov. 15 appearance on
CNN, he or she would be quickly reprimanded — and probably would be taken off the beat — by the Times hierarchy. But the paper’s news department eagerly fosters reporting that internalizes and promotes the basic worldviews of the country’s national security state.

That’s how and why the Times front page was so hospitable to the work of Judith Miller during the lead-up to the invasion of Iraq. That’s how and why the Times is now so hospitable to the work of Michael Gordon.

At this point, categories like “vehement critics of the Bush administration’s Iraq policies” are virtually meaningless. The bulk of the media’s favorite “vehement critics” are opposed to reduction of U.S. involvement in the Iraq carnage, and some of them are now openly urging an increase in U.S. troop levels for the occupation.

These days, media coverage of U.S. policy in Iraq often seems to be little more than a remake of how mainstream news outlets portrayed Washington’s options during the war in Vietnam. Routine deference to inside-the-Beltway conventional wisdom has turned many prominent journalists into co-producers of a “Groundhog Day” sequel that insists the U.S. war effort must go on.

During the years since the fall of Saddam, countless news stories and commentaries have compared the ongoing disaster in Iraq to the
Vietnam War. But those comparisons have rarely illuminated the most troubling parallels between the U.S. media coverage of both wars.

Whether in 1968 or 2006, most of the Washington press corps has been at pains to portray withdrawal of U.S. troops as impractical and unrealistic.

Contrary to myths about media coverage of the Vietnam War, the
American press lagged way behind grassroots antiwar sentiment in seriously contemputf8g a U.S. pullout from Vietnam. The lag time amounted to several years — and meant the additional deaths of tens of thousands of Americans and perhaps 1 million more Vietnamese people.

A survey by the Boston Globe, conducted in February 1968, found that out of 39 major daily newspapers in the United States, not one had editorialized for withdrawing American troops from Vietnam. Today — despite the antiwar tilt of national opinion polls and the recent election — advocacy of a U.S. pullout from Iraq seems almost as scarce among modern-day media elites.

The standard media evasions amount to kicking the bloody can down the road. Careful statements about benchmarks and getting tough with the Baghdad government (as with the Saigon government) are markers for a national media discourse that dodges instead of enlivens debate.

Many journalists are retreading the notion that the pullout option is not a real option at all. And the Democrats who’ll soon be running
Congress, we’re told, wouldn’t — and shouldn’t — dare to go that far if they know what’s good for them.

Implicit in such media coverage is the idea that the real legitimacy for U.S. war policymaking rests with the president, not the Congress. When I ponder that assumption, I think about 42-year-old footage of the CBS program “Face the Nation.”

The show’s host on that 1964 telecast was the widely esteemed
journalist Peter Lisagor, who told his guest: “Senator, the Constitution gives to the president of the United States the sole
responsibility for the conduct of foreign policy.”

“Couldn’t be more wrong,” Sen. Wayne Morse broke in with his sandpapery voice. “You couldn’t make a more unsound legal statement than the one you have just made. This is the promulgation of an old fallacy that foreign policy belongs to the president of the United States. That’s nonsense.”

Lisagor was almost taunting as he asked, “To whom does it belong then, Senator?”

Morse did not miss a beat. “It belongs to the American people,” he shot back — and “I am pleading that the American people be given the facts about foreign policy.”

The journalist persisted: “You know, Senator, that the American people cannot formulate and execute foreign policy.”

Morse’s response was indignant: “Why do you say that? … I have complete faith in the ability of the American people to follow the facts if you’ll give them. And my charge against my government is, we’re not giving the American people the facts.”

Morse, the senior senator from Oregon, was passionate about the U.S. Constitution as well as international law. And, while rejecting the widely held notion that foreign policy belongs to the president, he spoke in unflinching terms about the Vietnam War. At a hearing of the Senate Foreign Relations Committee, on Feb. 27, 1968, Morse said that he did not “intend to put the blood of this war on my hands.”

And, prophetically, Morse added: “We’re going to become guilty, in my judgment, of being the greatest threat to the peace of the world.
It’s an ugly reality, and we Americans don’t like to face up to it.”

_____________________________

Norman Solomon’s latest book, “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death,” is out in paperback. For information, go to:www.warmadeeasy.com

The devil in the metadata

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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.”

Life after Julie, continued

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› paulr@sfbg.com
Reincarnation is a sketchy proposition, even if you’re a restaurant. True, you won’t come back as a rabbit or a mosquito — a couple of the less juicy possibilities human beings have to worry about in anticipating their next go-round in life — but you will certainly be stuck with a past that, even if punctuated with interludes of glory, has to have culminated in some sort of gloomy closure for you to be available for reincarnation at all. The truth is that the names of successful restaurants don’t recycle easily. Two vividly local examples: Stars and Trader Vic’s.
For years I would pass by Julie’s Supper Club, on Folsom, and I would mean to go there even as I was on my way to someplace else, to many someplace elses. The supper club (opened by Julie Ring in 1987) was a SoMa stalwart in the early 1990s, when the neighbors included Appam, the Acorn, and, just a few blocks west, Hamburger Mary’s. All those places had closed by the turn of the millennium, but Julie’s soldiered on, though without Julie herself: she’d sold her interest in 1998 and moved along to other ventures. When the end finally came for Julie’s Supper Club, about a year and a half ago, it was as if the last veteran of the Civil War had died.
So much for Julie’s Supper Club, I thought, RIP. Rumor told of some new loungey deal, with a new name, to open in the space, and rumor, as we all well know, is always true, except when it isn’t. The recently opened successor to Julie’s Supper Club is … Julie’s Supper Club and Lounge II. I am not sure about the Roman numeral, which makes me think of Super Bowls or people who wear monocles. It seems weighty in a way the new proprietors might not necessarily intend. But it also suggests continuity, a fusing of western SoMa’s seedy-glamorous yesterdays with a lively tomorrow.
Since I never saw the inside of the original Julie’s, I cannot say whether much has been changed, though I suspect not. The look is very hip-loungey, with a series of warped-L ceiling supports (whose holes of various sizes give one the sense that they’re made of colored Swiss cheese) and a long bar backed by a mirror and a battery of pink neon lights that look like they’ve been salvaged from the starship Enterprise (so often wrecked and reincarnated, like a stock-car racer). The oak floors are simply magnificent; they are a rich coffee color and are immaculately glossy, as if they belong in the ballroom of some posh town house on the Upper East Side.
The biggest change is probably chef Shane Suemori’s food. Under the old regime the vittles used to be a mélange of Californian and American influences; now, according to the menu card’s terrifying proclamation, it is “fusion cuisine, where east truly meets west.” There is also a quesadilla ($9), but pass on that: it consists of a pair of semi-stale tortillas enclosing an undistinguished filling of melted white cheese, diced yellow bell peppers, and chopped chicken. This is the kind of food famished travelers have to eat, at the kind of price they have to pay, while held captive at those prisons called airports. Marginally better (but still airportworthy) is a Japanese chicken curry ($7), which consists of chicken chunks, bits of carrot, and potato quarters in a golden sauce that reminded me of similar sauces I used to make from those soaplike bars of curry paste.
At its best, the cooking is quite innovative. I’d never had anything remotely like the lemon ponzu somen salad ($6), which was like a pasta sushi, with four little nests of cooked somen noodles arranged around a dipping dish of ponzu. And the asparagus cheese tease ($7) turned out to be a kind of vegetarian version of pigs in a blanket, with the asparagus stalks swaddled in phyllo leaves and baked with mozzarella and parmesan cheeses. The ends of the stalks could have used trimming; they were inedibly tough, but then it is not really asparagus season.
The crab cakes ($16 for two) were slightly larger than golf balls and were simply terrific, particularly with the spicy creole sauce, but the presentation was otherwise about as minimalist as it gets, with the pair of spheres sitting naked on the plate like … like … I can’t say it, but you see what I mean. A little more generous was the oven-roasted chicken breast ($14) stuffed with cheese, cut into quarters, and set atop a mound of cheese mashed potatoes and a mix of sautéed eggplant, zucchini, and tabs of carrot. The sole dessert, meanwhile, bananas flambé ($6) presented in a martini glass, was positively luxurious. The lengths of fruit were swimming in a warm custard beneath whose bubbly surface lurked large chunks of chocolate. There was even an ornamental sprig of mint on the plate beneath the glass!
The reincarnated Julie’s prices don’t look too high as printed, but when you see what you actually get, you start to wonder. Of course, we live in the age of the $40 main dish, as the New York Times reported recently. Still, should a glass of no-name cabernet sauvignon cost $10? (We were given no wine list, just offered a few banal choices.) Should a doll-size snifter of Rémy Martin cognac — good though hardly regal — cost $8? I might have minded less if plate after plate hadn’t seemed quite so abstemiously composed and if I’d never laid eyes on the airport quesadilla. SFBG
JULIE’S SUPPER CLUB AND LOUNGE II
Lunch: Mon.–Sat., 11 a.m.–3 p.m. Supper: nightly, 5–10 p.m.
1123 Folsom, SF
(415) 864-1222
AE/MC/V
Full bar
Noisy
Wheelchair accessible

Microsoft Linux

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› annalee@techsploitation.com
TECHSPLOITATION I’m living in a bizarro business deal universe. Microsoft and Novell, which distributes a version of Suse Linux, have formed a partnership. When Microsoft’s notoriously anti-Linux CEO Steve Ballmer announced the deal, he claimed it was because customers demanded it. But the open-source community is worried something else may be afoot.
PC Magazine columnist John Dvorak speculated last week that Microsoft was trying to do an end run around free software licensing, essentially breaking the GNU General Public License (GPL) via legal loopholes. Then Linux Journal’s Nicholas Petreley, speaking for a lot of disgruntled open sourcers, urged Linux users to migrate away from all Novell Suse products over the next five years.
It’s easy to understand why open-source and free-software advocates are up in arms. Members of these communities have worked for decades to build robust, free alternatives to proprietary, big-business software products. And Linux, one of the most successful free operating systems available, has openly challenged Microsoft’s hegemony in countless ways.
Linux isn’t just a good technological alternative to Windows. It’s a symbol. This upstart, community-built operating system creates choice in a market where big players dominate. Plus, everything about Linux is transparent, open, and customizable. You can do whatever you want to your Linux operating system — rewrite the code, turn it into another piece of software, copy it a zillion times for your family and friends.
There’s only one rule: don’t break the GPL. So if you turn Linux into something else, that something else must also be licensed under the GPL.
Now that Microsoft and Novell are shacking up together at a joint research center, it feels like we’re only a few months away from a Microsoft Linux distribution. In fact, Microsoft has said it will officially recommend Novell Suse Linux. Could Microsoft actually undermine the legal foundation of the GPL and create a form of Linux that cannot be modified or copied freely?
The answer is yes and no.
Electronic Frontier Foundation attorney Jason Schultz says the deal doesn’t threaten the legal status of the GPL. But he speculates that the products Microsoft and Novell have discussed creating — such as a software package containing interoperable versions of Windows and Novell Suse Linux — could make it very difficult for consumers to modify Novell Linux without also running into problems with Windows.
“This hybrid product could intermingle its Linux and Microsoft parts so that it could be hard to copy the open portions,” he says.
Schultz also points out something crucial about this deal: it’s less a legal threat to Linux than it is a publicity threat. Microsoft’s move is savvy marketing. The more it can confuse customers about what Linux is by attaching Windows products to it, the less name recognition Linux will have on its own. And the less people will understand what free software and open source really mean.
Ballmer has been blabbing to anyone who will listen that he’d love to cut similar deals with other Linux distributors, like Red Hat. No matter what the legal implications of this deal turn out to be, it’s definitely a weird new stage in Microsoft’s fear, uncertainty, and doubt war with Linux.
I think Microsoft is trying to muddy the waters just enough that consumers will stop recognizing the fundamental divide between Windows and Linux.
We’ve seen this problem in the free-software community before, though in a far less insidious form. When the phrase “open source” began gaining currency in the late 1990s, people often confused it with “free software” because many open-source projects are literally free (like free beer). But there are dozens of open-source licenses, many of which permit people to create proprietary software out of the open software.
As more people used open-source software, the popular media and public began to conflate free software and open source — much to free-software inventor Richard Stallman’s dismay. I worry that this Microsoft-Novell deal has the potential to do the same thing to open-source software.
The more Microsoft can absorb Linux, the fewer people will recognize the challenge Linux represents. Linux isn’t just an alternative set of software tools. It’s another mode of production — one that’s more transparent and more sensitive to the public good. That’s something we can’t afford to lose. SFBG
Annalee Newitz is a surly media nerd who thinks that if Microsoft makes a software shim, Linux developers should make a software shiv and stick those bastards right in the gut.

Ooga-booga

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› andrea@altsexcolumn.com
Dear Andrea:
I wish I hadn’t read your column about cervical penetration. I am thoroughly disgusted, disturbed, even angry. It’s been my understanding that body modification is a red flag of imbalance, poor sense of self, and ignorance about anatomy and physiology. Do you think I’m justified in being disturbed that people are going around messing with irreplaceable tissue and getting off on their own pain? Throughout history we have tested our physical limits through sports, battle, fasting, etc. I can understand the desire to be liberated from our fear of pain by initiating it ourselves. It seems like a misunderstanding, however, to think that in our search for spiritual enlightenment, we will transcend the physical by destroying it. I’m hoping you can explain so I can stop feeling horrified.
Love,
Puzzled by Perversion
Dear Perv:
There are ways to indulge that are probably harmless, and there is stupidity (you ought to know better) and compulsion (you do know better but can’t help yourself). Since the young lady had a desire that could not be pursued without causing herself injury, I gently steered her toward what I hoped would function as a harmless alternative. What I did not do was presume to know her motivations or assume that she was broken just because she wanted something I thought was ill-advised.
We should make a distinction between body modification — generally understood to mean piercing, tattooing, maybe some scarring, and the occasional loony tunes full-body job like that guy on the Discovery Channel who looks like a big doofy cartoon cat — and S-M. The pain usually but not always inflicted or received in pursuit of the latter may look like a mere ouchy sensation but can feel like anything from a massage to a form of worship, depending on who’s doing what to whom. You can’t tell just by looking, and certainly not if you use preconceived notions of what damaged people they are, doing such damaging things.
Body mod is usually done to, well, modify the body. You may think it’s dumb — hell, sometimes I think it’s dumb — but you don’t know what motivated the pierced or tattooed person to mark themselves. Your Anthro 101 explanation actually supports my argument more than yours: “throughout history humans have tested our physical limits,” indeed, by poking sticks through our noses, hacking bits off our genitals, and rubbing dirt into holes in our faces. While I’ll grant that the people who invented these practices knew little of anatomy and physiology, I’ll wager that they were neither unbalanced nor lacking a sense of self. They were (as our modern practitioners often still are) both seeking to set themselves apart from the other tribes (them) and be instantly identifiable to their own (us). This was more useful and important when the “them” tribes were wont to hit you with a rock and then eat you, but it’s still an essential human urge, and decorating ourselves is a pretty harmless if occasionally silly way to express it. Does that help?
Love,
Andrea
Dear Andrea:
I’m in a long-distance relationship and having serious sexual frustration. I can’t bring myself to masturbate more than once a month. I dream about masturbating but can’t bring myself to actually do it. I feel dirty and wrong, and during my big one monthly moment I find the only place I’m comfortable is the bathtub. Is there something wrong with me? I was never like this before.
Love,
Frustrated
Dear Frust:
Masturbation, which for a long time appeared in popular culture mostly as joke fodder and the object of many undignified gerundial nicknames of the “choking,” “draining,” and “clubbing” variety, has been undergoing an image upgrade of late, in some circles anyway, often finding itself exalted as a holy experience or at least revered as therapeutic and educational. I’m down with respecting it — masturbation is useful, and you can learn a lot — but I’m never too big on the sacred. Nothing’s sacred if everything can be made fun of, and everything can be made fun of.
All that said (and it was a lot), it seems to me that you’re putting way too much pressure on one humble little act, imbuing it with too much meaning. If you used to masturbate regularly but not excessively and without guilt and that has suddenly changed, poor little masturbation is surely standing in for something else. I’d be tempted to suggest that you are depressed or developing an anxiety disorder. A change in attitude that dramatic about something that quotidian and harmless cannot mean anything good. If attempting to desensitize yourself by simply doing it more (and, we hope, thinking about it less) doesn’t work, I’d get some short-term therapy, not because it’s crazy not to want to masturbate (it most certainly is not) but because it’s dysfunctional to punish yourself harshly for wanting to. Plus, come on, only OK in the bathtub? How Freudian can you get? That’s like suddenly manifesting a fear of snakes or dreaming of trains going into tunnels. Something’s up.
Love,
Andrea

The new sunshine “problem”

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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

Journalists need to fight back

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EDITORIAL At the annual awards dinner Nov. 9 of the Northern California Society of Professional Journalists, the mood was somber. One of the winners of the Journalist of the Year award, Josh Wolf, was behind bars for refusing to give unpublished material to the authorities. Two others, Lance Williams and Mark Fainaru-Wada of the San Francisco Chronicle, were only free pending appeal of a judge’s order that they go to jail unless they reveal the names of confidential sources.
On the eve of the dinner, the editor of the Los Angeles Times, Dean Baquet, had been fired for refusing to go along with drastic newsroom job cuts ordered by an out-of-town corporate headquarters. The event’s keynote speaker, Jerry Roberts, had been forced to leave his job as editor of the Santa Barbara News-Press after the multimillionaire publisher demanded that basic news reporting be squelched.
The buzz around the room was that more layoffs were coming at the Contra Costa Times and San Jose Mercury News, papers just recently purchased by Dean Singleton, who now owns every major daily in the Bay Area except for the San Francisco Chronicle (which is owned by Hearst, one of his business partners). And indeed, the CoCo Times announced the day after the dinner that it had cut jobs across the board and was outsourcing some production work to a firm with facilities in India.
Linda Jue, the president of the SPJ chapter, made a point in her opening remarks about the need for journalists to take a more active stance, to fight against the assault on freedom of the press and journalistic standards that’s happening across the country. She had exactly the right point — and local and national journalism groups need to wake up and start paying attention.
These are particularly ugly times — the amount of government secrecy, particularly at the federal level, is almost unprecedented. But there’s something else just as bad going on: consolidation of media ownership is destroying the profession of journalism. And that’s something that groups made of working journalists have to start addressing.
There are all sorts of ways to get started. The SPJ, both local and national, ought to formally request the federal Justice Department to overturn the deal that gave Singleton hegemony over the Bay Area market and should press for a full investigation into Hearst’s role in the deal. These organizations (including the big unions that represent newspaper workers) ought to be working with the likes of Media Alliance in demanding that the Federal Communications Commission tighten the rules on ownership of broadcast media. Publicly traded companies that own newspapers should face organized shareholder-resolution campaigns opposing debilitating newsroom cuts. They should look at ways to support San Francisco investor Clint Reilly in his lawsuit against the Singleton deal and should at the very least issue statements on it. They should send regular delegations to see Wolf in jail and should press Rep. Nancy Pelosi to demand a federal shield law — an end to the federalizaton of law enforcement investigations (which can land people like Wolf in jail).
Sure, the Internet is changing the face of the media industry, and there are all kinds of other challenges — but in the end, no matter what the publishing platform, there will always be a need in a democratic society for qualified professional reporters and editors. And those of us in that line of work need to stand up to make sure that big media chains demanding obscene corporate profits don’t suck the life out of American journalism. SFBG

EDITOR’S NOTES

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› tredmond@sfbg.com
I started getting all the usual calls last week, from all of the usual national media outlets, with all the usual questions that a local political reporter gets when a local politician makes good. “Who is Nancy Pelosi, really? What do her constituents think of her? Is she going to bring Burning Man and gay marriage to Washington?”
My answer to everyone, from the liberals to the conservatives, was exactly the same:
Relax. There’s nothing to get excited about. Pelosi is by no means a San Francisco liberal. She’s a Washington insider, a born and bred politician who cares more about power and money than she does about any particular ideology.
I’m glad the Democrats are in charge, and Pelosi deserves tremendous credit for making that happen. But she’s not about to push any kind of ambitious left-wing political or cultural agenda.
Just look at her record. Pelosi was weak on the war and late in opposing it. She was the author of the bill that gave that well-known pauper George Lucas the lucrative contract to build a commercial office building in a national park. She worked with Republicans such as Don Fisher of the Gap on the Presidio privatization and set a precedent for the National Park System that the most rabid antigovernment conservatives can love.
Just this week Bloomberg News reported that Pelosi is working with Silicon Valley venture capital firms to weaken the post-Enron Sarbanes-Oxley law, which mandates strict accounting procedures for publicly held corporations.
And just a couple of weeks before the election, she told 60 Minutes that same-sex marriage is “not an issue that we’re fighting about here.”
I think it’s pretty safe to say she’s never been to Burning Man.
Pelosi, who is backing antiwar but also anti-abortion Pennsylvania Rep. John Murtha for majority leader, has an agenda for her first 100 hours. It’s nice moderate stuff — raising the minimum wage (to all of $7.25 an hour), lowering interest on student loans (but not replacing loans with grants), and allowing Medicare to negotiate for lower-priced drugs (but not making Medicare a national health insurance program for every American). Tactically, it’s brilliant: there won’t be a lot of national opposition, and Bush will look like a heel if he vetoes the bills.
In fact, as a political strategist and tactician, Pelosi has proven brilliant. She’s whipped together a dysfunctional party and led the most important electoral change to this country in more than a decade.
Along the way, though, she’s pretty much stopped representing San Francisco. On issue after issue, her constituents are way to the left of her. This fall she didn’t even bother to show up in the district (except to extract money for Democratic congressional campaigns around the country). She spent election night in Washington.
There are a lot of people who think that’s fine. Now that she’s speaker, she’ll be able to do a lot for this city, particularly when it comes to bringing in federal money. I appreciate the fact that her work on the national level, which often involved running away from San Francisco, will allow more-progressive Democrats like Los Angeles’s Maxine Waters to chair powerful committees that can go after White House cronyism and corruption.
But if the right-wing talk show hosts are worried about San Francisco liberals like me, they can take it easy: Nancy Pelosi is not one of us. SFBG

No more surveillance cameras

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OPINION In July last year, San Francisco began installing video surveillance cameras to monitor the public streets. What quietly started as a pilot program with two cameras in the Western Addition has quickly expanded, with more than 30 cameras throughout the city. The Mayor’s Office is seeking to install 22 more cameras at a number of locations, including heavily trafficked areas such as the 16th Street and Mission and 24th Street and Mission intersections.
On Nov. 15 the Police Commission will decide whether to approve the installation of additional cameras. It should reject the mayor’s proposal and send a strong message that scarce public safety dollars should be spent on less intrusive and more effective programs such as increased foot patrols, improved lighting, and community policing.
While surveillance cameras may seem like an intuitive solution to the serious problem of violent crime, in reality cameras pose significant threats to civil liberties while providing few public safety benefits. Study after study demonstrates that video surveillance does not reduce violent crime in cities.
In Britain, for example, where there is one camera for every 13 people and the average person is photographed more than 300 times a day, a recent comprehensive review of 13 jurisdictions showed that cameras do not reduce crime or fear of crime. A University of Cincinnati study found that cameras in its city merely shifted crime beyond the cameras’ view. As Cincinnati police captain Kimberly Frey mentioned in one recent news report, “We’ve never really gotten anything useful from them…. We’ve never had a successful prosecution…. We’re trying to use … money for other things.”
With limited public safety dollars, cameras deprive more effective programs of funds that would significantly reduce crime. Studies show that improved lighting can reduce crime 20 percent, and increased foot patrols have also been shown to significantly impact crime, including violent offenses.
Moreover, the ever-increasing expansion of surveillance cameras poses a significant threat to our privacy. The prospect of 24-hour surveillance of innocent San Franciscans — with video accessible to city officials and the public under state open-records laws — is chilling in and of itself. If the trend continues, cameras installed today may be paired with other new developments, such as facial recognition and Radio Frequency Identification technology, giving law enforcement the ability to develop dossiers about our personal lives.
While San Francisco has some regulations governing camera use, those regulations have already changed and may change again, due to an overreaching political response to crime concerns. To see San Francisco’s future, one need only look to the inspiration for the program — Chicago. There, Mayor Richard M. Daley recently announced a plan that by 2016 would put a camera on almost every street corner in the city.
In light of the significant privacy and free speech implications and limited public safety benefit, the Police Commission should decisively reject further camera placement and strongly urge the mayor and Board of Supervisors to pursue effective programs. San Franciscans deserve more than symbolic measures like video surveillance cameras in response to very real crime problems. Scarce public resources should not be spent on ineffective Big Brother surveillance programs. SFBG
Mark Schlosberg and Nicole A. Ozer
Mark Schlosberg is police practices policy director, and Nicole A. Ozer is technology and civil liberties policy director, respectively, for the American Civil Liberties Union of Northern California.

Turning point

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› news@sfbg.com
It’s amazing what the New York Times can find newsworthy. On a night when progressives in San Francisco racked up an impressive list of victories — and the popular mayor, often described as a rising star in state and national politics, got absolutely walloped — the nation’s newspaper of record led an online report on city politics with this gem: “A bike-riding member of the Board of Supervisors apparently won re-election while his wife was reported to have screamed an epithet at opponents.”
The Times story, by Jesse McKinley, called it “just another night in San Francisco’s iconoclastic politics,” meaning, apparently, that only in this city would a politician ride a bicycle and only here would a politician’s wife use foul language in public.
Please.
For the record: Sarah Low Daly — who watched her husband, Chris, get pummeled mercilessly for weeks by brutal attack ads paid for by, among others, the Golden Gate Restaurant Association — did dismiss “those motherfuckers” with a colorful epithet that no less than the vice president has used on the floor of Congress but that can’t ever appear in the New York Times.
But allow us a little context here.
Daly’s wife had every right to celebrate on election night — and every right to slam the forces that were so unwilling to accept a living wage for local workers, sick pay for employees, requirements that developers pay for affordable housing, and the rest of Supervisor Daly’s progressive agenda, which had made him the subject of a Karl Rove–style smear campaign.
And the Times (as well as the embittered blogger at the San Francisco Sentinel who leveled personal insults at the supervisor’s wife) utterly missed the point of what went on in San Francisco last week.
This was a watershed in city politics, an election that may turn out to have been every bit as important as the 2000 ballot that broke the back of the Brown-Burton machine. It was evidence that district elections work, that downtown money doesn’t always hold the day — and that Mayor Gavin Newsom made a very bad political mistake by aligning himself with some of the most intolerant, unpleasant, and ineffective forces in local politics.
NEWSOM THE LOSER
We ran into Newsom’s press secretary, Peter Ragone, the day after the election and asked him the obvious question: “Not a very good night for the mayor, huh?”
It was a hard point to argue: Newsom put immense political capital into two key races and was embarrassed in both of them. He worked hard for Rob Black, the downtown candidate trying to oust Daly in District 6, showing up at Black’s rallies, walking the streets with him, talking about the importance of the race, and helping him raise funds. His handpicked contender in District 4 was Doug Chan, a former police commissioner. Black lost by 10 percentage points; Chan finished fourth.
And a long string of progressive ballot measures that the mayor had opposed was approved by sizable margins.
Ragone began to spin and dissemble like crazy. “We endorsed [Black and Chan] but didn’t put a lot into it,” he said despite the fact that Newsom spent the last two weekends campaigning for his two favorites.
“The real key for us was Hydra Mendoza, who won [a seat on the school board],” Ragone said.
Yes, Mendoza, who works as the mayor’s education adviser, was elected — but she already had a strong base of support as a former leader of Parents for Public Schools and might very well have won without the mayor’s help.
Besides, if Newsom saw her as a top priority, why did she finish second in a race for three positions, behind Green Party candidate Jane Kim? And how significant will it be to have Mendoza on a school board that now has a solid progressive majority, one she’s not a part of?
Ragone shrugged again, sticking to his line.
But the Mayor’s Office can’t spin away the fact that, as pollster David Binder put it at a postelection event, “I don’t think Newsom had a very good night.”
“It showed that we had a progressive turnout and this is a progressive town,” Binder said.
Boris Delepine, a campaign veteran and Sup. Ross Mirkarimi’s board aide, went even further: “This election ranks up there with the 2000 supervisorial races as far as I’m concerned.”
In other words, progressives battled the downtown interests and won.
The most exciting race was in District 6, where Daly’s expected reelection was thrown into doubt a few weeks ago by some polls and the onslaught of downtown attacks on Daly (which Binder jokingly referred to as “a deforestation project” for all of the negative mailers).
The problem was that most of the material just attempted to savage Daly without really making the case for why Black would be better. That appears to have backfired.
In fact, the assault served to galvanize Daly supporters, who stepped up a vigorous campaign in the final push. “It was very efficient and very effective,” Binder said.
Or as Daly put it to his supporters on election night, “We were under attack…. San Francisco values were under attack, and you responded like nothing before. Five hundred volunteers were in the streets today to say this district is not for sale.”
The message from the Tenderloin, inner Mission, and South of Market was resoundingly clear: with district elections downtown can’t simply buy a seat on the board anymore. Money is powerful — but an organized grassroots campaign can still prevail.
The impact for the mayor is more than just the loss of a potential board ally. Newsom found himself in District 6 working closely with SFSOS — a group that has become so nasty and is so reviled, even two of its key founders, Senator Dianne Feinstein and financier Warren Hellman, have walked away in disgust.
“If all things were equal, I’d just as soon that SFSOS went away,” Hellman told us.
It’s not going to help the mayor’s reputation to be seen in that sort of company.
A HIPPER DUFTY
The District 8 race showed the power of district elections in a different way.
From the start it was going to be tough for Alix Rosenthal, a straight woman, to defeat incumbent supervisor Bevan Dufty, a gay man in what has always been a gay district. But Rosenthal says her candidacy had a clear impact on Dufty — during the late summer and fall, the onetime solid mayoral ally moved a few noticeable steps to the left, supporting Sup. Tom Ammiano’s universal health care bill and voting with the progressives (and against the mayor) for police foot patrols.
“Dufty became a much hipper person after I challenged him,” Rosenthal said.
Dufty told us the challenge made him work harder but had no impact on his votes. “What you saw on foot patrols was an immense amount of frustration with the police chief’s failures to lead the department,” he said. “That had nothing to do with this race.”
Binder pointed out that District 8 has a higher percentage of registered Democrats than any district in the city, and Dufty locked down party support early on. And even though Dufty’s voting record was less progressive than his district, he remains popular. “There are people who think he doesn’t vote the right way on the issues, but nobody thinks he doesn’t try hard,” Binder said.
The District 4 race was not only a test of the power of the mayor’s coattails in a district where Newsom has always been popular. It was also a test of how ranked-choice voting works in complex election demographics.
From early this year, when it became clear that incumbent Fiona Ma was going to the state assembly, Newsom and his allies tapped Chan as the candidate they would promote. That was an odd choice for Newsom, who claims to be a public power supporter: Chan’s law firm has received more than $200,000 in legal fees from Pacific Gas and Electric Co. in just the past two years, and like his alliance with Black in District 6, the Chan endorsement put him on the side of one of the least popular actors on the local political stage.
And in the end, the mayoral support meant little: Chan finished fourth, after Ron Dudum, Ed Jew, and Jaynry Mak.
There was a certain amount of nervousness on election night when Dudum emerged atop the candidate list at the prospect that for the first time in a generation, the board would be without Asian representation. Four Asian candidates appeared to have split the vote, allowing Dudum to win.
But when the ranked-choice voting program was run Nov. 10, that concern evaporated: the new system allowed Asian voters to divide their preferences without risking that sort of vote-split result. When it was all over, Ed Jew emerged the winner.
As Jew told us, “I think it showed that having so many Asians benefited the top Asian vote-getter.”
GREEN DAYS
The school board and community college board races get less press than the top of the ticket, but as citywide contests, they can be even tougher for progressives. And this year the Green Party had some surprising victories.
Jane Kim, a Green, finished top in the balloting — remarkable considering that she didn’t have the endorsement of the Democratic Party. Mendoza came in second, followed by Kim-Shree Maufas. That puts three new members, all of them women of color, on the board and shows that activists frustrated by the votes of longtime incumbent Dan Kelly could defeat someone who until recently was considered a shoo-in for reelection.
Peter Lauterborn, a Kim supporter, was ecstatic about the win. “This is a massive triumph,” he said. “We beat the money and we beat the establishment.”
The same goes for the community college board, where John Rizzo, a Green, appears to have edged out Johnnie Carter, bringing new reform blood to an ossified and often corrupt agency.
Binder attributed the strong finishes by Kim and Maufas to their endorsements by the Guardian, the Democratic Party, and other lefty supporters. He was surprised by Rizzo’s apparent victory (absentees could still change the outcome) but most on the left weren’t. Rizzo had a lot of grassroots support and ran a strong campaign.
Similarly, Mirkarimi — who attended the postelection briefing along with fellow supervisor Daly — didn’t agree with Binder’s line on the school board, noting that the defeat of Kelly and the election of Kim and Maufas were strong endorsements for the stand that the current board lefties — Mark Sanchez, Sarah Lipson, and Eric Mar — have taken against positions by autocratic former superintendent Arlene Ackerman and her downtown backers.
“We got four votes on the school board,” was how Delepine put it, adding, “President Sanchez, man.” SFBG
Steven T. Jones and Alix Rosenthal are domestic partners. Tim Redmond wrote the analysis of the results in District 8. Amanda Witherell contributed to this story.

Our roundup of Guardian live election night coverage

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SPECIAL: Election Blog — up-to-the-minute coverage

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When sex sucks

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› annalee@techsploitation.com
TECHSPLOITATION Are you hoping that breeding with somebody with “good genes” will help you have a child who is somehow better then you are? So are a lot of creatures. Unfortunately, it looks like some good genes can’t be passed on. In fact, the very genes that make your mate seem spicy might actually hinder your kids’ success in the mating game later on.
A couple of Canadian biologists at Queens University in Ontario published a study in PLoS Biology (a Public Library of Science journal) a couple of weeks ago that suggests women who pick mates “fitter” than themselves have very little chance of passing that fitness on to their daughters. Same goes for men who mate with women fitter than themselves: sons born from such a union are actually less fit than sons born to low-fitness ladies. In the genetic war between the sexes, genes that are good for one sex aren’t necessarily good for the opposite-sex children who inherit them.
Biologists Alison Pischedda and Adam K. Chippindale discovered this by forcing a bunch of fruit flies to have sex in various combinations of fit and unfit. Fitness wasn’t measured in sexiness or success in fly politics — the scientists measured it by how many offspring a fly could have. In other words, fitness equals how much influence a fly will have over the gene pool.
When flies choose mates, they’re engaging in a gene crapshoot called sexual selection, the Darwinian process by which the quest for perfect mates influences evolution. Conventional wisdom holds that sexual selection is usually good for a species: it creates babies that are stronger, prettier, fitter. The idea is that sexual creatures tend to be attracted to mates who are fit in one way or another. Maybe that mate is appealing because she’s particularly good at surviving in the desert with a bunch of drugged-out hippies, or maybe he’s shaped so nicely that he’s obviously healthy. If the possible mate is human, it’s possible she’ll come across as attractive because she’s a good problem-solver or skilled at telling jokes. All of these characteristics mean that the creature in question has a higher probability of surviving and spreading his or her genes far and wide by creating fit babies. So sexual selection is the process of picking a mate who will help you in the quest for genetic domination.
But Pischedda and Chippindale wondered if seeking out the perfect mate could ever be detrimental to offspring. The answer is yes.
It turns out that certain fitness genes shared by male and female flies on the X chromosome express themselves differently depending on sex. So a gene on a male’s X chromosome might make him an incredibly prolific father, but that same gene expressed in his daughter would prevent her from reproducing in large numbers. Because males only pass along their Y chromosome to male babies, they never pass along their beneficial X genes to sons either.
Why would genes behave like this if they are selfish, as pop geneticist Richard Dawkins puts it? The answer, Pischedda and Chippindale speculate, is that these genes are acting selflessly.
They’re keeping the population diverse. Imagine if fit parents bred only fit children. Translated into human terms, let’s assume that Britney Spears and K-Fed are fit parents because they keep shooting out babies. If their children inherited the fitness gene from Britney or K-Fed, they would also spawn lots of children. And so would those children. Pretty soon, you’d have a nation of aimless pop stars whose talents lie mostly in the area of gyration.
By cutting off fitness after one generation, we’re guaranteed a population whose genes come from a wide variety of sources. That’s why we have nerdy kids, sporty kids, and freaky kids, as well as eroticized teenyboppers who sing. If Pischedda and Chippindale are right, their experiment could undermine the idea that sexual selection is purely a selfish process. Sometimes genes work for the good of the species rather than the good of individuals.
Interestingly, the fittest fruit flies come from parents who are not very fit themselves. I like that. If humans are anything like flies, this research confirms my feeling that all those dudes with trophy wives and ladies with himbo arm candy are about to get totally screwed out of the gene pool. SFBG
Annalee Newitz is a surly media nerd who is focusing her energies on the meme pool rather than the gene pool.

You may find yourself …

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› andrea@altsexcolumn.com
Dear Andrea:
My boyfriend and I have a great sex life. There’s only one problem: he’s working a temporary job across the country. While I’m happy for him, the distance has caused a huge strain on our sex life.
On the advice of friends, I bought a vibrator. I’ve found my orgasms to be quicker and more intense, which is great, but my fear is that I’ll desensitize myself. I have very intense, screaming, crying orgasms with him, but I’m scared I may ruin it with the vibrator. Some days I can make myself orgasm three times or more, which seems a bit excessive. I’ve heard about the benefits of vibrators, but what if I can’t orgasm with my boyfriend when he comes home?
Love,
Vibe-Happy
Dear Vibe:
I had you in the “dysfunction: female” folder, but when I pulled you out to examine you more closely, I discovered that you’re actually perfectly functional, no “dys” about it, and are merely buying trouble, as they say. Quit that.
Three orgasms a day is not excessive, although it might technically exceed what you would be capable of without the technical intervention. As long as the errands get done and no horses are frightened, you are far from out of control. You are bored and a little lonely, and really, what else is masturbation for?
As for becoming habituated to the vibrator and thus less responsive to human touch, I can’t say it never happens, but I can say it’s neither likely nor all that devastating. You’re probably safe, since you were so screamily, cryishly responsive to begin with, and I figure that most women who do become overly reliant on the buzz were not so supersensitive to begin with. And if you do somehow manage to train yourself into responding to the vibe alone, you can dehabituate yourself pretty easily. Learning to have orgasms when you’ve never had one can be a long haul, but one is almost guaranteed eventual success. Learning to respond to a different stimulus when you’re already Miss Orgasm 2006? Cinchy.
In the meantime and while your boyfriend is still out of town, you could do as a nice young woman I used to work with sometimes did and dutifully practice “manual release” every 10th time or so, just in case of, I dunno, nuclear holocaust or something. Maybe she just wanted to know that she could live off the grid should she ever choose to and raise goats and still have orgasms. You can value self-sufficiency without having to live in a shack and farm with your own feces. It couldn’t hurt to try.
Love,
Andrea
Dear Andrea:
My girlfriend and I are college students, and initially our sex life was awesome — I mean, Tommy and Pamela would pale in comparison. After a couple rounds every day for about three months, it’s not that it’s boring, but it’s difficult for me to come now. She gives great head too, it’s just that I can’t come unless I imagine having sex with another girl. I can still masturbate, and I do manage to come eventually when I start imagining past lovers. I love her and really do see a future together. What can I do about this? I don’t think telling her is an option because she’d just get pissed. What would you (or your husband) do?
Love,
Imagine
Dear Image:
Let’s just leave my husband out of this, shall we? And Tommy and Pamela too, while we’re at it. I was, frankly, a little surprised to find that they’re still the hot-sex-having couple of record among the college crowd — didn’t that video make the rounds about 10 years ago, when there were still videos? Or is it quaint now, like the smoker reels that used to be pornography and are now considered kind of cute? Either way, ew. Surely we can do better.
It occurred to me to tell you that not all guys really love intercourse or that the exact sort of intercourse you’ve been having may be missing something — enough friction or a certain favored rhythm — but then I got to the part about giving great head, and there went that hypothesis. Changing positions, adding in role-play or props or mechanical devices, any or all may help for a while. In the long run, though, I’m afraid that you are one of those novelty seekers who just lose some level of turn-on after enough rounds with the same partner and must resort to fantasy to get up and over. The good news is that you’ve got company, masses of it. I wouldn’t even call it a problem as much as a fact of life, and I wouldn’t go assuming that your girlfriend never thinks about anybody but you or anything but what you’re doing at that moment, unless she tells you so, and even then she could be fudging a bit to spare your feelings. You could ask or you could just keep doing what you’re doing (it works, after all) and call it good.
Love,
Andrea
Andrea Nemerson has spent the last 14 years as a sex educator and an instructor of sex educators. In her previous life she was a prop designer. And she just gave birth to twins, so she’s one bad mother of a sex adviser. Visit www.altsexcolumn.com to view her previous columns.

Election night parties

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CHRIS DALY- DNA Lounge, 375 11th Street, btw Folsom & Harrison

ROB BLACK- Momo’s, 760 2nd Street.

ALIX ROSENTHAL- 500 Club, Guerrero St & 17th Street

BEVAN DUFTY- Lime Restaurant, 2247 Market, btw Noe & Sanchez

JAYNRY MAK- Harry Ha’s Restaurant, 2335 Irving Street & 24th

DOUG CHAN- Dragon Lounge, 1355 Taraval & 24th Street

RON DUDUM- Tennessee Grill, 1128 Taraval, btw 21st & 22nd, contact Tuan (415) 370 7361

MARIE HARRISON- Home, 1751 Quesada Street and 3rd Street.

SOPHIE MAXWELL- Fanatics Sports Bar, 601 Cesar Chavez @ pier 80, and Michigan Street.

AIMEE ALLISON-Maxwell’s Restaurant 341 13th Street & Harrison Street, OAKLAND

YES ON A- Slims, 33 11th Street & Folsom.

YES ON F/NO ON 85/SF LABOR COUNCIL- Medjool Bar, 2516 Mission St @ 21st.

KRISSY KEEFER- Café La Boheme, 3318 24th Street, & Mission

The SFPD will not reform itself

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EDITORIAL Mayor Gavin Newsom, who has vetoed legislation requiring a few police officers to actually walk beats in high-crime neighborhoods, says he was proud of the San Francisco Police Department’s action in the Castro on Halloween night. Proud? Some 800 cops were on hand, and yet someone managed to bring in a gun, shoot nine people — and get away. As we report on page 11, a lot of cops weren’t really doing much for most of the night except standing around; foot patrols (that is, cops actually mingling with the revelers, keeping an eye on things) might have prevented the shootings.
The SFPD is a mess — and the department isn’t going to reform itself. The mayor ought to be in the forefront on this, but he’s ducking — so the supervisors need to step up.
The foot patrol legislation, sponsored by Sup. Ross Mirkarimi, is hardly radical and isn’t a threat to the department’s independence. The bill simply directs the department to put a few cops on the beat, out of their cars, in a few high-crime areas. It passed 7–3, with only Sups. Aaron Peskin, Sean Elsbernd, and Michela Alioto-Pier dissenting, and Sup. Jake McGoldrick absent. If that vote holds and McGoldrick sticks with the majority, the supervisors can override the veto.
But there’s immense pressure coming down on individual supervisors to change their votes, and even one member slipping away would allow Newsom’s position to hold. That’s unacceptable: every supervisor who approved foot patrols needs to vote to override the veto — and just to be sure, Peskin, who is generally good on these issues, needs to come over to the progressive side. This one modest mandate could be not only a lifesaver in areas with high homicide rates but also the beginning of some real change at the SFPD.
The Police Commission is struggling with a disciplinary issue that’s also potentially a turning point: three commissioners — David Campos, Petra de Jesus, and Theresa Sparks — want to refuse to settle any disciplinary cases unless the cops agree to make the settlement public (see Opinion, page 7). Commissioner Joe Veronese initially agreed with that proposal but has shifted his position and is offering a really weak alternative instead. That’s a bad sign for the politically ambitious commissioner; he needs to show some spine, defy the Police Officers Association, and sign on with the Campos plan.
This just in: Bill Lee, who works for Mayor Newsom and (sort of) for the airport, is up for reappointment as a planning commissioner at the Rules Committee on Nov. 9. It’s a clear conflict of interest: a city employee working directly for the mayor shouldn’t be on the Planning Commission. Besides, he’s been a pretty bad vote. The supervisors should send him packing. SFBG

City hall’s new secrets

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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

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› 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

Keep police discipline public

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OPINION Three years after San Francisco voters passed Proposition H, the landmark police reform initiative, the San Francisco Police Commission finds itself at a crossroad. At the heart of the matter is how the commission deals with one of the worst decisions to come out of the California Supreme Court in recent memory, Copley Press v. Superior Court. In that decision the court held that records reutf8g to police officer disciplinary proceedings are confidential and not subject to disclosure under the California Public Records Act.
Citing the Peace Officers Bill of Rights, the court even held that an officer’s identity in disciplinary proceedings is confidential. How the Police Commission deals with this ruling will determine the level of openness with which the commission — and consequently, the Police Department — will conduct its business.
In turn, this may well determine the extent to which the promise of Proposition H — transparency and accountability for the police — will become a reality.
In an effort to protect transparency and accountability, the three undersigned police commissioners, as individuals, proposed what we believe is a commonsense approach to Copley: let’s comply with Copley’s requirement of confidentiality, but let’s only be as confidential as the decision requires us to be. Stated differently, let’s follow the law — but let’s be as open as the law allows.
This is why we proposed a rather simple and measured idea — since Copley only requires the confidentiality of records in police disciplinary proceedings and since the state legislature never gave police officers the right to confidential settlements, why not continue to handle such settlements out in the open, the way they’ve been handled for 14 years without ever facing a legal challenge? To be sure that our idea would pass legal muster, we asked the City Attorney’s Office to draft a resolution that would be legally viable and could survive legal challenge. That resolution was submitted for the public and the Police Commission’s consideration last week.
One would think a resolution reflecting a tried-and-true process that was never challenged in more than a decade, a process carefully vetted with the city attorney, would satisfy even the strictest of legal constructionists. And yet, not surprisingly, the San Francisco Police Officers Association has come out against our proposal to openly handle settlements in police disciplinary cases. Without citing any legal authority, the POA argues that police officers have the right to settle disciplinary cases through backroom deals without ever revealing their identity or the terms of the deal to the public.
The POA’s position seems to be shared by a number of other commissioners, and a counterresolution essentially changing how settlements are handled was recently introduced. Both our original resolution and the counterresolution are scheduled to be heard Nov. 15. Even though it’s unclear which resolution will pass, we remain hopeful that the Police Commission will not grant police officers a right the legislature never bestowed on them — the right to cloak settlements in secrecy. This is especially true since several commissioners come from communities adversely impacted by police actions and have a long legacy in support of civil rights and public access.
Openness in the handling of settlements in police disciplinary hearings has been the norm in San Francisco for more than a decade. There is no reason to change course today. SFBG
David Campos, Petra de Jesus, and Theresa Sparks
David Campos, Petra de Jesus, and Theresa Sparks are members of the San Francisco Police Commission.