News and Politics | San Francisco Bay Guardian

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Crackdown on gangs — or civil liberties?

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Sarah@sfbg.com

City Attorney Dennis Herrera’s Aug. 5 decision to file a civil gang injunction against two alleged gangs in Visitacion Valley is being hailed by top local law enforcement officials as an important weapon in a war between heavily-armed members of two rival gangs in the Sunnydale housing projects.

“I consider this another vital tool in the prosecution of violent criminals,” District Attorney Kamala Harris said in a City Attorney’s Office press release announcing the suit against the Down Below Gangsters (DBG) and Towerside Gang.

But in the middle of a heated race for supervisor in District 10, the gang injunction also has become a political issue — and infuriated civil liberties activists who say it’s unfair and won’t work.

Herrera’s complaint names and identifies 41 young black men using declarations from gang task force members, police reports, photographs of the men sporting tattoos, flashing hand signs, and wearing purported gang clothing — and even extracts from a letter that one listed individual sent to another alleged gang member, who was in jail.

If Herrera’s request is granted in court Sept. 30, it will be San Francisco’s fourth civil gang injunction. Herrera secured similar injunctions against the Bayview-Hunters Point Oakdale Mob in October 2006; the Mission District’s Norteños in 2007; and the Western Addition’s Chopper City, Eddy Rock, and Knock Out Posse in 2007.

The City Attorney’s Office claims a “cooling off” effect as a result of those injunctions. “Since Herrera launched the civil gang injunction program at the end of 2006, 46 percent of identified gang members (43 of 93) have gone without even a single arrest in San Francisco for crimes other than minor violations of the injunction itself,” Herrera’s office states.

It claims that the data also show progressive improvements over time. “Only 14 percent of identified gang members (13 of 93) were arrested for noninjunction crimes so far in 2010 — down from 41 percent in 2007,” Herrera’s office states.

But San Francisco Public Defender Jeff Adachi, civil rights lawyers, and community advocates worry that the injunction raises constitutional issues and practical problems that could be counterproductive in terms of Herrera’s stated effort to reduce violence in Visitacion Valley.

“The first difficulty you observe is that there is no right to counsel,” Adachi said, pointing to the three injunctions Herrera has already launched. “Instead, the burden is on the individuals named in the injunction to come forward and contest the injunction.”

Contesting an injunction is expensive and difficult, Adachi says.

“There’s a large amount of filing, and then there’s a hearing and a trial,” said Adachi, who represented individuals named in Herrera’s 2007 suit against the Norteños. “It costs between $10,000 and $20,000 to mount an adequate defense.”

Adachi claims Herrera’s past injunctions were mostly based on allegations and stale information that could have triggered more violence. “We saw that the city attorney based its injunction solely on what police officers had alleged, officers who in most cases were members of the Gang Task Force,” he said. “For instance, there was a woman who had been in a gang, but left years before. As a result of being named, her family was threatened and she was fearful there would be reprisals.” The woman’s name was ultimately removed.

Adachi represented a young man who had never been in trouble but found himself on Herrera’s Mission-based injunction list after he rapped about the Nortenos. “There was no evidence, but when we said there had been a mistake, the city attorney disagreed,” Adachi said. “In the end, a judge found there was insufficient evidence.”

Adachi worries about the impact on individuals mistakenly named in the suit. “When you name someone, that brands them. What we saw in other injunctions was that people lost jobs.”

He notes that only a few people came forward to challenge past injunctions. “But in at least four cases, people were found not to be gang members,” he said.

At the time of those injunctions, there was no way to get off the list. “So we worked with the ACLU to demand one and the City Attorney’s Office agreed,” Adachi said. “But I don’t know how many people have since filed paperwork.”

Ingleside police station Capt. Louis Cassenego told us that as of Aug. 20, 12 men had been served with the injunction — six allegedly from DBG, six from Ingleside.

“We had signage posted on utility poles, and no signs have been torn down,” Cassenego said. “And so far, the folks served have taken it in a matter-of fact fashion.”

But Sharen Hewitt, executive director of the C.L.A.E.R. Project, a community empowerment and violence prevention nonprofit, said she worries that people don’t understand the implications of being served and won’t take the trouble to opt out. “I talked to a young man after he got served and he tore up his notice,” Hewitt said.

Hewitt invited representatives from the City Attorney’s Office, Police Department, Lawyers Committee for Civil Rights, Bay Area Legal Aid, and residents of the area to an Aug. 12 emergency debriefing. “We are sitting in the middle of a major war zone,” Hewitt said, referring to the meeting’s location at Britton Courts, a public housing project that Herrera claims is on DBG turf. “Although this situation threatens the community, it has also brought us together. And now we are trying to pull together a legal team.”

Deputy City Attorney Yvonne Mere explained that the suit seeks to ban criminal and nuisance conduct by creating a proposed safety zone that covers two-tenths of a square mile and encompasses both gangs’ alleged turf plus a buffer zone.

The injunction would impose a 10 p.m. curfew on the 41 men listed, who are a barred from trespassing, selling drugs, and illegally possessing firearms, loitering, displaying gang signs, and associating in public in neighborhoods surrounding the Sunnydale, Heritage Homes, and Britton Courts developments.

Some of this conduct is already against the law, but other activities, including assembling in groups, is typically protected by the Constitution, Mere explained.

Lt. Mikail Ali of the Ingleside station said many youngsters don’t want to be in a gang. “This is an out,” Ali said.

But some residents questioned whether some men on Herrera’s list are in a gang. “Who are you to say who is a gang member?” asked Sheila Hill, who was concerned that her son, the victim of a shooting a couple of years ago, was on the list. “Yes, they might have done something three or five years ago, but many of them have moved on, got married, and got a job. I don’t believe you guys are really checking your records.”

Mere disagreed (later clarifying that Hill’s son isn’t named by the injunction). “We looked at criminal records within the last five years, including shootings, shots fired, and weapons possessed, and it’s a pretty violent zone down here,” Mere said. Mere claims the war between DBG and the Towerside caused 10 murders in the last three years.

Leslie Burch, president of the Britton Courts Neighborhood Association and cofounder of the Visitacion Valley Peacekeepers, said a lot of the men named grew up together, playing sports, staying at each other’s houses overnight, and making affiliations.

“So I wouldn’t necessarily classify them as gangs,” Burch said. “They are just a bunch of friends who have common interests like music, sports, and hanging out together.”

Mere pointed to the opt-out option, part of a 2008 agreement between the city attorney, ACLU, and Lawyers’ Committee for Civil Rights.

“It’s an option for people to say, ‘No, you are wrong,'<0x2009>” Mere said. “They can submit letters from pastors and friends, and we’ll consider that between now and Sept. 30.

But Burch challenged some of the evidence posted at the City Attorney’s wesbite, including photographs of people sporting alleged gang tattoos and clothing.

“Take the T sign,” Burch explained “The city attorney says it represents the Towerside. But I had a nephew who was murdered. His name was Trayon, and some people wear the letter T in remembrance of him. I was in court with a nephew who was trying to explain that he is not a gang member just because he’s wearing a hat with a T on it.”

Hewitt noted that the injunction follows budget cuts that decimated local nonprofits and that funding is desperately needed for programs that provide young men with jobs and other alternatives to crime.

Hewitt also noted that the injunction gives District 10 candidates an opportunity to show the community that they are tracking all the issues in this pivotal race. “D-10 has been reduced to the Lennar issue, and that’s what’s criminal,” Hewitt said, adding that coverage of the race has so far largely excluded Viz Valley, even though it’s home to the city’s largest public housing site.

Indeed, the injunction is becoming part of the dialogue in the District 10 supervisor campaign. Candidates Isaac Bowers, Kristine Enea, Chris Jackson, Nyese Joshua, Steve Moss, and Marlene Tran attended Sharen Hewitt’s Aug. 12 gang injunction debriefing. By meeting’s end, Bowers and Enea said they would help community members get legal representation. “A lot of people being served don’t know what an injunction is or don’t show up at the hearing, and then they become subject to the injunction,” Bowers said.

Jackson said he’s committed to helping these men get access to job and education opportunities.

Candidate Tony Kelly said if there are gangs in Viz Valley, Herrera’s injunction would be valid. “There is gang-like activity, but it’s small-scale turf wars, shootings. and retaliations. And it’s not organized,” Kelly claimed. “Instead, you’ve got unorganized young black men with no other options doing whatever it takes to get ahead. But instead of doing something constructive, the city attorney calls them gangs.”

DeWitt Lacy, also a candidate, said he remains concerned that gang injunctions are circumventing people’s due process rights. “In a criminal case, you have the right to an attorney — but that’s not so in a civil action.”

Rooting out the bad apples?

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rebeccab@sfbg.com

The San Francisco Police Department will begin tracking the records of officers who have histories of misconduct or other red flags so the information can be disclosed to the district attorney if the officer is called to testify in a criminal trial.

Chief George Gascón announced the new protocol Aug. 20 in response to revelations in the wake of the crime lab scandal that San Francisco District Attorney Kamala Harris had failed to comply fully with a constitutional obligation to provide criminal defense attorneys with the misconduct records, which the defense could then seek to have admitted as evidence to undermine a witness’ credibility.

Harris’ office has to rely on police to determine whether any problems lurk in a police witness’ background, so the hiccup in compliance was blamed on weak communication between the two departments.

But there’s a big lingering question Gascón hasn’t directly addressed: the research will almost certainly turn up information that ought to lead to officer discipline, and in some cases to cops losing their jobs. How, exactly, will the department handle that?

Speaking at a press conference, Gascón said he’d worked closely with the DA’s office and San Francisco Police Officers Association (SF POA) to streamline the process to ensure compliance. “We believe this will be a model policy throughout the country,” Gascón said, flanked by high-ranking members of the department as a line of television cameras pointed toward him.

Since the constitutional requirement stems from the 1963 case Brady v. Maryland, a bureau order issued by the chief refers to negative marks on an officer’s personnel record that is determined to be admissible as evidence as “Brady material.” It could be as simple as a 10-year-old D.U.I. charge, or a more serious offense involving an officer’s conduct in the line of duty.

If an officer has been disciplined in the past for making false statements, for example, and that history is admitted as evidence in trial, the jury might be less inclined to take his or her word as gospel.

In the past, anytime the DA called on an officer to testify against a criminal defendant, the DA’s office was supposed to contact the SFPD to request a background check for that officer to see if any Brady material had to be turned over to the defense. Under Gascón’s new plan, SFPD will notify the DA in advance about officers who have potential “Brady material,” without revealing just what the historic offense is. If the DA calls a police witness whose name has been flagged, the prosecutor will have to file a motion for the court to open the personnel file and determine if the past misconduct is relevant to the case at hand.

So how does an employee get his or her name flagged? The SFPD has assembled a powerful new body with a hokey-sounding name, “the Brady Committee,” to determine whether an employee’s name should be forwarded to the DA. Comprised of various heads of SFPD divisions plus a retired judge with a background in criminal law, the committee will review personnel backgrounds and give employees a chance to make their case as to why the dirt the department has on them shouldn’t be counted as Brady material.

Not surprisingly, “the list” — as it’s being called — won’t be made available to the public, but at the Aug. 20 press conference, reporters wanted to know how many names were on it. Gascón indicated that it was too early to say. “There is unquestionably going to be a number that will start surfacing,” he responded. “At this point, we do not have a list.”

A host of questions surround this new development, and one of the first to emerge is whether officers who are still on patrol duty despite major offenses in their histories will ultimately be shown the door as a result of the internal investigative procedure. Gascón alluded to as much, saying, “When some one commits a criminal act, they taint the entire organization. When we have a bad apple, we’re going to deal with the bad apple.”

And while he declined to give a tally of the list, the chief did make it sound as if the investigations had already been completed. “We have basically gone through the process of assessing. We have vetted our entire department and to the greatest extent that we can tell, we know what needs to be known.”

In an era of economic austerity, another question that has been raised is what the impact will be for officers who have been reassigned to desk jobs in the wake of misconduct charges — earning salaries much higher than would-be civilians capable of performing the same tasks. A recently issued report by the Controller’s Office found that the SFPD could do more tighten its spending. “The department needs to improve its controls over overtime and premium pay,” the office concluded after an audit. “While the department has reduced overtime costs in recent years, it does not consistently follow its policies and procedures for earning, documenting, and approving court appearance premium pay and acting assignment pay.”

Aside from the spending issue are speculations about the political ramifications. Some have been wondering what kind of backlash could be prompted from the politically powerful SF POA if the new Brady protocol results in dismissals or demotions.

The issue of reassignments is alluded to briefly at the close of the chief’s bureau order. “This procedure does not address the situation in which the department determines that the existence of Brady material may prevent an employee from effectively testifying and consequently may limit the assignments available to the employee,” the order notes. “The department intends to implement a separate procedure to address that situation after [meeting] and conferring with the Police Officers Association and other affected employee organizations.”

But that alone is a red flag: SF POA will almost certainly resist any efforts to use the Brady material discipline officers — or to get rid of cops who shouldn’t be on the force. And if Gascón allows the union to set the terms, plenty of bad apples will remain in the barrel.

Apathy and the arboretum

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OPINION Nobody believed it could happen, that the ordinance might pass. On the face of it, it seemed inconceivable. The very idea that visitors would have to pay to enter a public park appeared absurd, and had been rejected only the year before. Some believed the hype and were convinced that this would help solve the budget deficit. Others expected someone besides themselves would take action, or believed that that the $7 fee, once imposed, would apply only to nonresidents.

So, by and large, people sat on their hands. Meanwhile, the San Francisco Botanical Garden Society at Strybing Arboretum, the driving force behind the privatization of the arboretum in Golden Gate Park, was using the camouflage of hard times to mask the absurdity of its proposal. The way had been carefully paved. A real estate developer and Bolinas resident handpicked by Mayor Gavin Newsom to head the Recreation and Park Commission voiced his enthusiasm. The rubber-stamp commission he heads passed it on to the Board of Supervisors. Despite the presence of his grandfather’s native plant garden within the arboretum, the mayor lent his support.

The society had craftily employed lobbyist Sam Lauter, who had set up meetings between individual supervisors and wealthy trustees.

The strategy succeeded. Astonishingly, only three supervisors voted against the ordinance imposing a fee on entrance to the arboretum. Leading the charge for the measure was John Avalos, who had added a “sunset” clause along with other vaguely worded amendments. At the hearing, the ever-congenial Chris Daly accused opponents of “elitism.” No public comment was permitted, and no supervisor questioned Recreation and Parks Department head Phil Ginsberg, although Eric Mar did announce his intention to join the Botanical Garden Society.

Much was made about union jobs — as though holding three gardeners’ salaries hostage to the passing of a privatization ordinance was a reasonable proposition.

As things stand now, the society is planning to allow its members free admission to the arboretum. Given that the reason for the $7 fee is all about the budget, this makes no logical sense. Low-income people and the undocumented (not to mention the homeless) will be excluded.

The society is also planning to build a $13 million glorified greenhouse that would have its own entrance on John F. Kennedy Drive. No community discussion has been held, but that has not deterred the society from soliciting the state to pay $7 million toward this so-called “sustainable gardening center,” an edifice that would likely memorialize the likes of Dede Wilsey or similar donor.

So what’s a good citizen to do? If you value public free space, the wings of the society need to be clipped. The best way to do this is to directly contact the offices of your supervisors, especially Sups. John Avalos (554-6975), David Campos (554-5144), David Chiu (554-7450),Michela Alioto-Pier (554-7752), Sean Elsbernd (554-6516) and Carmen Chu (554-7460). And vociferously voice your feelings.

Otherwise, the fee will not sunset next year — or any year.

Harry S. Pariser is a long-term resident of the Inner Sunset. You can join the Yahoo! group at groups.yahoo.com/group/keepthearboretumfree.

Beyond Chief Gascon’s reforms

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EDITORIAL You have to give San Francisco Police Chief George Gascón credit: he talks more about reform, and seems to take discipline more seriously, than anyone who has headed the department in at least 30 years. In the wake of the crime lab scandal, he did what the department should have done years ago: ordered a complete investigation of the background of every officer on the force to determine if anyone has skeletons that might affect his or her ability to testify in criminal cases.

But if the list of problem officers becomes nothing more than a closely guarded secret used only when the district attorney fears for the future of a criminal case, the exercise will have only limited value.

The fallout from the crime lab revealed a much deeper problem in San Francisco law enforcement: the police and the district attorney had not been properly informing defense lawyers when cops who were taking the stand for the prosecution had problems in their past. Hundreds of convictions could be overturned by that failure to abide by Brady v. Maryland, which requires prosecutors to turn over to the defense any material in an officer’s record that could relevant to the credibility of the cop as a witness.

Gascón didn’t create the problem, and he has moved expeditiously to come up with a plan to address it. But as Rebecca Bowe reports on page 8, there’s another gigantic issue here. There are cops at every level on the force who ought to be fired for misconduct — and the discipline process has been so slow that it’s utterly ineffective.

There’s plenty of blame to go around — the Police Officers Association balks at anything that could possibly help clear out bad cops. The Police Commission is abysmally slow at holding disciplinary hearings. And the culture of secrecy in the department — enhanced by some really terrible state laws — makes it impossible for the public to find out where the problems really lie.

But if Gascón is serious, he can make some dramatic changes. For starters, he ought to make the disciplinary process as open as possible. He probably can’t release the names of every cop on the Brady list; that would run afoul of state law. But he can certainly tell the public how many names there are and what offenses are included.

He’s been pushing to change the role of the Police Commission in disciplining cops, asking that that ability to fire an officer, now reserved for the commission, be shifted to the chief, leaving the civilian panel in the role of an appellate body. We agree that the chief ought to be able to fire a bad cop — but so should the commission. If Gascón adopts that stance and asks for more personal authority without eliminating the fundamental powers of the commission, he’d have the support of nearly every progressive in town.

The commission needs to change its own practices, too. Serious discipline cases drag on for years because the commissioners don’t put the time into holding hearings. Either the panel should set a weekly schedule for disciplinary hearings, outside of its regular meetings, or hire hearing officers to do that work. The backlog is insane and needs to be cleared up.

The next few months will demonstrate whether the chief is serious about changing the climate of bad behavior in the department. If he steps up, he’ll get immense public support.

Editor’s Notes

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tredmond@sfbg.com

Every once in a while, The New York Times Magazine drops a profound and staggeringly important bit of information into a slot that typically reserved for softer articles. So I read at least the first few paragraphs of everything — and on Aug. 22 the opening essay by Judith Warner made a point that ought to be the center of the national debate on the Bush tax cuts, the value of philanthropy, and the direction of economic policy in a lingering recession.

Warner was struck, as I was (see Editor’s Notes, Aug. 18) by the massive praise heaped on Bill Gates and Warren Buffet for their vows to donate half their wealth to charity. "After all," she noted, "what better illustration could there be of the great social good that wealthy people can do when the government lets them keep their hard-earned dollars to spend as they please?"

Yet it turns out that Gates and Buffet are very much the exception. It’s odd and counterintuitive, but the truth is that most rich people give less of their money to charity than most poor people. Upper-class people, studies show, are much less compassionate toward others and more likely to be selfish with their money.

"This compassion deficit," she wrote, "is perhaps not so surprising in a society that for decades has seen the experiential gap between the well-off and the poor (or even the middle class) significantly widen."

In other words: we already know that cutting taxes on the rich hurts the economy, makes the deficit worse, and does little or nothing to improve the lot of others. Trickle-down economics has been widely proven a fraud.

But the new evidence shows that letting the very wealthy decide how the wealth of society should be divided doesn’t work well either. For one thing, very little of the charity coming from the rich goes to the poor; those tax write-off donations tend to wind up helping big cultural institutions or successful universities — and those gifts, Warner notes, "come with the not-inconsequential payoff of enhancing the donor’s status among his or her peers."

More important, it’s a public policy failure. You can’t trust the rich to make the right decisions about where the nation’s resources should go; that’s why we have elections, open government hearings, political debates. And that’s why that big, bad word "taxation" — taking the money from the rich and giving it out the way the representatives of the rest of us decide is best — is actually a far more efficient and fair way to go.

Alerts

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ALERTS

By Kristen Peters

alert@sfbg.com

WEDNESDAY, AUG. 25

"This in Itself is A Victory"


Celebrate the community of resistance that met the G8/G20 leaders in Ontario, Canada, in June to support actions for queer and transgender rights; environmental justice; income equity and community control over resources; gender justice, and disability rights; migrant justice; and an end to war and occupation. Attend a panel discussion with queer-identified Canadian activist Gesig Issac and local filmmaker Sarolta Jane as they analyze the convergence, its successes and failures, and post-mobilization issues.

7:30 p.m., $3–$5 donation suggested

Station 40

3030 B 16th St., SF

www.g20.torontomobilize.org/node/432

THURSDAY, AUG. 26

Innovations in Social Justice


Find out more about the cutting-edge social justice work of several leaders and organizations active in the Bay Area and beyond. The event features talks about new approaches to social justice, a Q&A session, and time to share ideas with local activists.

6:30 p.m., $5

David Brower Center

Suite 400

2150 Allston, Berk.

www.socialjusticeinnovation.eventbrite.com

Radical Love Workshop


Hear from educator and spokesperson from the polyamory community Wendy-O Matik as she presents the major concepts and challenges that are faced trying to reinvent relationships outside the dominant social paradigm. The evening includes a briefing of her book, Redefining Our Relationships: Guidelines for Responsible Open Relationships, a feminist critique of love and relationships, and a discussion intended to create a nonjudgmental support group.

7:30 p.m., $5–$10

Gilman Street Project

924 Gilman, Berk.

www.wendyomatik.com

SATURDAY, AUG. 28


Women’s Rights Day Celebration


Join Radical Women as they celebrate Women’s Rights Day with a focus on the struggle for immigrant rights, featuring a screening of the documentary film Made in L.A., in which three garment workers fight against unfair working conditions. Participants will be given the opportunity to deliver statements against SB1070 in an open mic segment following the film. A $7.50 summer buffet with vegetarian options precedes the screening at 6:15 p.m.

7:00 p.m., free

Suite 202

625 Larkin, SF

(415) 864-1278

SUNDAY, AUG. 29


Big Oil Teach-in


Discover the issues surrounding big oil companies, their local impacts, and positive solutions to the problem. The briefing will be followed by a mass show of resistance and an educational segment to prepare participants to join the nonviolent campaign or just learn about what’s involved. Attendees are encouraged to arrive on time and stay the whole time.

1 p.m., free

Frank Ogawa Plaza

Between 14th and Broadway, Oakl.

www.actforclimatejustice.org/west

MONDAY, AUG. 30


Katrina anniversary


Get involved in the efforts to stand up to big oil companies by marching on the five-year anniversary of Hurricane Katrina. The resistance will target the offices of BP and Chevron for their roles in environmental and community destruction in the gulf, the Bay Area, and around the world. The protest will also pressure the EPA to respond to increased drilling and to act on climate change.

11:30 a.m., free

Justin Herman Plaza

1 Market, SF

www.actforclimatejustice.org/west

Not according to plan

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rebeccab@sfbg.com

The long-term viability of eight women’s health clinics operating under regional affiliate Planned Parenthood Golden Gate (PPGG) was thrown into question Aug. 6 when Planned Parenthood Federation of America (PPFA) announced that the affiliate would lose its accreditation.

The clinics — which serve roughly 55,000 clients, predominantly women living at or below the federal poverty level — will still be allowed to operate but must stop using Planned Parenthood’s nationally trusted name beginning Sept. 3.

Some news articles immediately following PPFA’s announcement referenced confidential internal conflicts to explain the break, but financial documents and the accounts of several former employees gathered by the Guardian suggest that the organization had reached a precarious financial position that made it difficult to meet accreditation standards.

“To not have a Planned Parenthood in San Francisco is like heresy,” a former PPGG employee told the Guardian. Yet this person and other former coworkers attributed this outcome to dysfunction at the senior management level of PPGG and said the national organization had little choice but to take action.

The Bay Citizen reported that 30 members of PPGG’s medical services staff sent a letter to Harrison and PPFA executives in October 2008 to raise concerns about “the misappropriation and mismanagement of PPGG’s funds.” The letter charges that “executive staff’s personal expenditures are excessive and are not aligned with the mandatory fiscal restrictions. Flagrant use of PPGG funds to pay for personal belongings, personal services, and exorbitant technology products is seemingly unchallenged and not subject to the same financial scrutiny that clinic supplies and staff salaries are, for example.”

A former PPGG staffer noted that employees had tried in the past to sound the alarm, including going to the media. Another noted that they had been made to sign a confidentiality agreement on leaving the organization, a practice that was common within PPGG.

While the current CEO, Therese Wilson, did not return numerous phone calls seeking comment, she was quoted in a fairly sympathetic San Francisco Chronicle article referencing the economic downturn and inability for many of the clients to pay as reasons behind the agency’s financial woes. While the recession, cuts to state funding to nonprofits, and other external factors have clearly had an impact, documents suggest that things were going awry before the recession hit full force.

An internal PPGG document provided to the Guardian displays the agency’s on-hand cash reserves compared with other affiliates, suggesting that the reserve ratios were at or below the minimum required by Planned Parenthood national for all but one year from 1998 to 2007 — and well below that of other affiliates of similar size. That is a key requirement for meeting accreditation standards.

When we asked Elizabeth Toledo, a Planned Parenthood Federation of America (PPFA) spokesperson, about this apparent pattern, she said she could not comment because she had not seen the documents. She also said the accreditation reviews were confidential. “Understanding the true financial picture for health care providers takes a very in-depth evaluation,” Toledo said. “PPFA and PPGG were working together over the last few years to resolve fiscal challenges.”

The Packard Foundation, a major donor to Planned Parenthood, awarded PPGG a $30,000 “organizational effectiveness” grant last year to “select a talented, external provider to help them think through some of these challenges.” The grant expires in September, according to spokesperson Dan Cohen.

In an era marked by high unemployment, economic instability, and deep cuts in public funding for health services, Planned Parenthood clinics provide an increasingly important safety net for uninsured and low-income clients in need of birth control, screenings for sexually transmitted disease or cervical cancer, abortion services, or information on sexual health that isn’t manipulated by a pro-life agenda. As things stand, women in rural communities seeking abortions often must travel very long distances to clinics, and any gap in services resulting from a PPGG accreditation loss could further broaden those geographical boundaries.

Since financial problems are at the root of the San Francisco-based affiliate’s problems, the PPGG clinics — which are located in San Francisco, Alameda, San Mateo, Sonoma, Marin, and Mendocino counties — are in an especially precarious position without national support, despite operating as a separate entity from PPFA. Planned Parenthood affiliates Mar Monte and Shasta Diablo plan to take over some of the existing clinics or cover gaps in service area by opening satellite centers, Toledo told us. “It’s unusual to have a disaffiliation,” she said. “But it’s not unusual for national committees to have a reallocation of service area. That part is well practiced.” She added that “every effort possible will be made” to ensure continuity of care.

The Mar Monte affiliate operates clinics in the Central Valley, Sacramento, the Sierra region, the San Joaquin Valley, and Silicon Valley. The Shasta Diablo affiliate covers areas in Butte, Contra Costa, Lake, Napa, Shasta, and Solano counties, with locations in El Cerrito and Walnut Creek. Depending on clients’ starting points, travel times could lengthen considerably and waiting rooms could become more crowded if the current PPGG clinics can’t stay afloat.

It’s too early to say just how PPGG staff members and patients will be affected by the loss of accreditation. However, it became obvious from Guardian interviews and more than two dozen Web comments on the Guardian’s online coverage of PPGG management woes that there was a high level of employee discontent at PPGG. Former staffers even keep in touch through a sort of club titled “PPGG PTSD” — a humorous reference to being shaken by the experience of working there. Yet while many were angered by the affiliate’s administrative problems, they nonetheless remain dedicated to the mission of Planned Parenthood.

“I’m a senior citizen who hasn’t needed birth control in quite some time, yet I remember when I was a young woman without resources who depended on PPGG for basic health care,” noted “Ellen,” a commenter. “They provide more than just reproductive services. They found an early cervical cancer, and I’m alive today as a result of the early diagnosis that they provided.

“It’s a tragedy that the current and recent trustees and management ruined such a fine organization,” she continued. “A friend of mine is a talented and dedicated nurse with a background of serving low-income women. She resigned from PPGG a year ago because she couldn’t handle the mismanagement any longer. I hope one of the nearby chapters is able to take over the PPGG clinics. In any case, current PPGG management and trustees need to go.”

Democrats divided

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Update:This online article contains a correction concerning the DCCC’s vote on Sup. Sean Elsbernd’s Muni pay guarantees (Prop. G). In the print version of this article, the Guardian reported that the DCCC had voted “to recommend a no vote” on Prop. G. This is incorrect. The DCCC voted “not to endorse” Prop. G. As Elsbernd points out, “This is a key distinction.”

Sarah@sfbg.com

With fewer than 10 weeks to go until a pivotal November election, the San Francisco Democratic County Central Committee (DCCC) approved a package of endorsements at its Aug. 11 meeting, giving the nod to mostly progressive candidates and rejecting Mayor Gavin Newsom’s most divisive ballot measures.

This crucial election could alter the balance of power on a Board of Supervisors that is currently dominated by progressives, and that new board would be seated just as it potentially gets the chance to appoint an interim mayor.

That’s what will happen if Newsom wins his race for lieutenant governor. The latest campaign finance reports show that Newsom has raised twice as much money as the Republican incumbent, former state Sen. Abel Maldonado. But the two candidates are still neck-and-neck in the polls.

Although the DCCC supports Newsom in the race, it is resisting his agenda for San Francisco, voting to oppose his polarizing sit-lie legislation (Prop. L), a hotel tax loophole closure (Prop. K) that would invalidate the hotel tax increase that labor unions placed on the ballot, and his hypocritical ban on local elected officials serving on the DCCC (Prop. H).

Shortly after the vote, the San Francisco Chronicle reported that Newsom called an emergency closed-door meeting with some of his downtown allies to discuss the upcoming election. “We just wanted to get on the same page on what’s going on locally, what’s going with the ballot initiatives, where people are on the candidates for supervisor,” Newsom told the newspaper.

DCCC Chair Aaron Peskin, who regularly battled with Newsom during his tenure as president of the Board of Supervisors, voted with the progressive bloc against Newsom’s three controversial measures. But he told us that he was glad to see the mayor finally engage in the local political process.

Sup. David Campos kicked off the DCCC meeting by rebuffing newly elected DCCC member Carole Migden’s unsuccessful attempt to rescind the body’s endorsement of Michael Nava for Superior Court Judge, part of a push by the legal community to rally behind Richard Ulmer and other sitting judges.

Things got even messier when the DCCC endorsed the candidates for supervisor. In District 2, the DCCC gave the nod to Janet Reilly, snubbing incumbent Sup. Michela Alioto-Pier, who is running now that Superior Court Judge Peter Busch has ruled that she is not termed out (a ruling on City Attorney Dennis Herrera’s appeal of Busch’s ruling is expected soon).

In District 6, where candidates include DCCC member Debra Walker, School Board President Jane Kim, Human Rights Commission Executive Director Theresa Sparks, neighborhood activist Jim Meko, and drag queen Glendon Hyde (a.k.a. Anna Conda), the club endorsed only Walker, denying Kim the second-place endorsement she was lobbying for.

But in District 8, where candidates include progressive DCCC member Rafael Mandelman, moderate DCCC member Scott Wiener, and moderate Rebecca Prozan, the politics got really squirrelly. As expected, Mandelman got the first-place nod with 18 votes: the progressive’s bare 17-vote majority on the 33-member body plus Assembly Member Leland Yee.

Yet because Yee supports Prozan and David Chiu, the Board of Supervisors president who was also part of the DCCC progressive slate, had offered less than his full support for Mandelman, a deal was cut to give Prozan a second-place endorsement.

That move caused some public and private grumbling from Jane Kim’s supporters, who noted that Kim is way more progressive than Prozan and said she should have been given the second-place slot in D6.

A proxy for John Avalos even tried to get the DCCC to give Walker and Kim a dual first-place endorsement, but Peskin ruled that such a move was not permitted by the group’s bylaws. Then DCCC members Eric Mar and Eric Quezada argued that Kim should get the club’s second-choice endorsement.

But Walker’s supporters argued that Kim only recently moved into the district and changed her party affiliation from the Green Party to the Democratic Party, and Kim’s supporters failed to find the 17 votes they needed.

“District 6 has an amazing wealth of candidates and I look forward to supporting many of them in future races,” Gabriel Haaland told his DCCC colleagues. “I will just not be supporting them tonight.”

Wiener told the group he would not seek its endorsement for anything below the top slot. “I’m running for first place and I intend to win,” Wiener said, shortly before Prozan secured the club’s second-choice endorsement.

In District 4, the DCCC endorsed incumbent Carmen Chu, who is running virtually unopposed. The DCCC also endorsed Bert Hill’s run for the BART Board of Directors, where he hopes to unseat James Fang, San Francisco’s only elected Republican.

The body had already decided to delay its school board endorsements until September and ended up pushing its District 10 supervisorial endorsement back until then as well because nobody had secured majority support.

“I think it’s because they want to give members of the DCCC a chance to learn more about some of the candidates,” District 10 candidate Dewitt Lacy told the Guardian. “I don’t think folks have spent enough time to make an informed decision.”

D10 candidate Chris Jackson agreed, adding, “The progressives in this race have brought our issues to the forefront.”

“I think it’s appropriate,” concurred D10 candidate Isaac Bowers. “D10 is a complicated district. It’s wise to wait and see how it settles out.”

The main thing that needs to be resolved is which candidate in the crowded field will emerge as the progressive alternative to Lynette Sweet, who has the support of downtown groups and mega-developer Lennar Corp.

After the meeting, Walker said different races require different political strategies. “I think it’s hard in the progressive community, where so many of us know each other and even our supporters know the other candidates and are their supporters in other scenarios,” Walker said.

“But the Democratic Party makes decisions not just based on politics,” she continued. “So the endorsement is about being viable and successfully involved in Democratic issues. And even though I want to encourage everyone to run, and we have that ability with ranked choice voting and public financing, when it comes to straight-on politics, the goal is winning.”

Walker said the vote on D8 reflected the reality that Mandelman was having trouble getting the necessary number of votes. “I know Rebecca and I know Rafael, and Rafael was my clear first choice,” Walker said.” Rafael asked me to consider voting for Rebecca—and I voted for her as my second choice.”

Walker predicts she’ll have union support behind her campaign, while Kim, who leads in fundraising, will have independent expenditure committees that will support her campaign.

“My consultant says it’s a $250,000 race, and unfortunately the viability is based on that reality, the funds, the money,” Walker observed.

On the fall ballot measures, the DCCC voted to recommend a no vote on Public Defender Jeff Adachi’s measure to make city employees pay more for the pension and healthcare costs (Prop. B), Sup. Sean Elsbernd’s Health Service Board Elections (Prop. F,) and Newsom’s three controversial measures. And they voted “no endorsement” on Elsbernd’s measure to remove from the charter Muni pay guarantees (Prop. G). 

But the DCCC did vote to endorse a local vehicle registration fee surcharge (Prop. AA), Newsom’s earthquake retrofit bond (Prop. A), Sup. Chris Daly’s proposed legislation to require mayoral appearances at board meetings (Prop. C), Chiu’s measure to allow noncitizen voting in school board elections (Prop. D), Sup. Ross Mirkarimi’s Election Day voter registration (Prop. E), former Newsom campaign manager Alex Tourk’s Saturday voting proposal (Prop. I) Labor’s hotel tax (Prop. J ), Mirkarimi’s foot patrols measure (Prop. M) and Avalos’ real estate transfer tax (Prop. N).

With just about everybody opposed to Adachi’s measure going after public employee unions, Walker observed that Adachi probably wishes he had done it differently now. But looking into the future, Walker sees opportunities for the party to come back together.

“There’s an opportunity to start a dialogue because everyone is hurting,” Walker said. “The more we don’t have a proactive solution, the more we get caught at the bottom.”

And in a feel-good vote for the frequently divided body, the DCCC also voted overwhelmingly to endorse the statewide initiative to legalize and tax marijuana (Prop. 19). Normally local party committees don’t take a position on state initiatives, but because the California Democratic Party took no position on Prop. 19, the DCCC had permission to weigh in.

As Peskin put it before the enthusiastic marijuana vote, “Raise your hands — high.”

Behind Whitman’s attack on nurses

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OPINION Meg Whitman’s increasingly high-profile war with California’s nurses poses important questions about a potential Whitman term as governor and the implications for California.

California’s nurses began pressing Whitman during the primary, when she was spending up to $21,000 an hour — more than many California families earn in a year — in a frenzy well on its way to smashing all previous campaign finance records.

Whitman’s pledge to spend up to $180 million out of her billionaire pocket by November to drown out all competition was accompanied by other disturbing trends. She refused to engage regular Californians in public events and avoided the public’s watchdog, the press. And she demonstrated a haughty temperament symbolized by her now-famous altercation with a subordinate employee to whom she paid a $200,000 settlement.

In short, Whitman was acting as if she was entitled to be crowned governor because of her wealth and privilege, a hubris also indicated by her failure to vote for much of her adult life but assumption that her billions and social rank alone qualify her to be governor.

Thus, the parody of Queen Meg was born, in which the California Nurses Association trailed Whitman to campaign events with a mock Queen Meg; her court, including chaperones Mr. Goldman and Mr. Sachs (in honor of her checkered career on the Goldman Sachs board); and nurses waving “Rich Enough to Rule” signs.

Whitman, who appears not to handle stress well, reacted with a full-scale assault on CNA and nurses. She demanded the home addresses of CNA members but refused CNA’s offer to meet with nurses in unscripted forums instead.

It turned out she just wanted to bully nurses, not actually talk to them. So Whitman began to bombard registered nurses in the state with multiple attack mailings and phone calls from a purchased outside list (is there anything she can’t or won’t buy?), and created a union-busting “nurse” website. What next, an enemies list?

In addition to reservations about Whitman’s temperament, attitude toward her opponents, and her royal pretensions, nurses have significant concerns about her policies as well, including her plans to:

Slash 40,000 state jobs, creating hardship for thousands of additional California families in the midst of our ongoing recession, just as she sent 40 percent of company jobs overseas as the chief executive of eBay.

Freeze regulations opposed by her CEO friends, presumably including many that will impair workplace safety rules, clean air and water requirements, and protections against food toxins.

Suspend California’s new law to reduce greenhouse gases and the impact of climate change.

Expand tax breaks for corporations and multimillionaires while pushing even deeper cuts in critical safety-net programs that will punish the most vulnerable Californians.

Make new budget cuts that will likely reduce education funding by some $7 billion.

Roll back public pensions, even for those who have sacrificed pay or other benefits for a more secure retirement.

End workplace standards such as guaranteed meal and rest breaks and overtime pay.

All these programs have a common theme: they’re the wish list of the corporate CEOs who for the past seven years have taken residency in the governor’s office under Arnold Schwarzenegger. And they want more.

With Whitman, they would get it. Her pledges to “streamline” regulations, slash corporate taxes, and curtail workplace economic and safety standards, reflect the corporate agenda Whitman embodies and an escalation of the policies that have plagued our state under Schwarzenegger.

The troubling combination of Whitman’s sense of entitlement, intolerance of critics, and corporate to-do list are an ominous mix for California. She may be rich enough to rule, but her character and values say we should all be wary. *

Zenei Cortez is a registered nurse and co-president of the California Nurses Association.

 

Small business wins big

1

tredmond@sfbg.com

Six years after the Guardian filed a lawsuit accusing SF Weekly and its chain owner of illegal predatory pricing, the California Court of Appeals has issued a precedent-setting ruling that not only affirms the Guardian’s claims but strikes a dramatic blow for small independent businesses in California.

A three-judge panel concluded Aug. 11 that the state’s Unfair Practices Act protects businesses from cutthroat predators that sell a product below cost with the intent of injuring competition. The judges, Robert L. Dondero, who wrote the decision, and James J. Marchiano and Sandra L. Margulies, who concurred, directly rejected an argument that would have undermined the historic law and concluded that the state of California has every right to provide small merchants with greater antitrust protections than the federal government.

It marked the first time that a state appeals court had weighed in on whether California’s UPA should be enforced under the weaker federal standard. The ruling offers broad protections to small companies trying to survive against the market power of giant chains.

The Guardian sued SF Weekly and the New Times chain, now owned by Village Voice Media, in 2004, claiming that the Weekly was systematically selling ads below cost in an effort to put the local competitor out of business.

Evidence presented in a six-week trial in 2008 showed that the Weekly had lost money every single year since New Times bought the paper in 1995. The Phoenix-based chain poured tens of millions of dollars into propping up the Weekly, while the Weekly’s sales staff sold ads at a fraction of the cost needed to support the operation — all with the goal of taking business away from the Guardian.

“We have before us the case of an ongoing, comprehensive, below-cost pricing scheme instigated and executed conjointly by two parties,” the court concluded.

It was a classic case study in what the UPA, which dates back to 1913, was designed to prevent: a big, wealthy corporation using its deep pockets to cripple a local competitor. The court decision notes that shortly after New Times bought SF Weekly in 1995, New Times Executive Editor Mike Lacey announced that he would use the chain’s deep pockets to assault the Guardian. “The essence of Lacey’s message was that he wanted to ‘put the Guardian out of business,'<0x2009>” the ruling states. “The sales representatives were made aware that advertising could be ‘sold below cost’ if needed ‘in order to make a sale’ and the resources of New Times would cover the loses, even over a term of many years.”

The end result, trial records showed: SF Weekly and the East Bay Express, which New Times bought in 2001, lost a total of $24 million between 1996 and 2007. (The Express was sold in 2007 to local owners.)

A San Francisco jury ruled March 5, 2008 that the Weekly and New Times had violated the law and awarded the Guardian more than $6 million. The statute allows for treble damages, and Judge Marla Miller increased the award to $15.6 million. With interest and attorney’s fees, the verdict now exceeds $22 million.

New Times appealed, raising two central issues. The verdict, the chain argued, was invalid because the Guardian never demonstrated which individual accounts it lost because of which specific below-cost sales. And the law itself was dubious because it doesn’t require a plaintiff to prove that a predatory competitor had the ability to recoup its losses after driving the smaller outfit out of business.

Throughout the trial and afterward, Andy Van De Voorde, VVM’s executive associate editor, repeatedly belittled the suit on the grounds that the Guardian didn’t present individual instances of lost ads. But the court rejected that argument, saying that nothing in the UPA mandated a showing of individual below-cost sales; the fact that the Weekly lost money for 10 years, and that its overall ads prices were far below its total cost of operations, was plenty of evidence of illegal sales. The Guardian, the ruling states, was not “required to prove the precise amounts of damages attributable to the loss of individual customers or sales.” In fact, that standard would make predatory pricing cases of this nature — with thousands of sales over many years, almost impossible to pursue — particularly, the court noted, when “it is the wrongful acts of the defendant that have created the difficulty in proving the amount of lost profits.”

The recoupment argument was critical: New Times wanted the court to force the state to adopt a federal standard that since the 1980s has pretty much gutted federal antitrust law.

The appeals court justices resoundingly rejected that claim, ruling that the state Legislature has every right to pass laws protecting small businesses against acts that the federal courts may be willing to allow. And it’s clear that the UPA contains no mention of recoupment.

“We do not lightly imply terms or requirements that have not been expressly included in the statute,” the ruling states.

New Times argued, both in court and in its published reports, that laws against anticompetitive conduct must protect consumers, not businesses; if one company cuts prices, that helps consumers — and unless there’s evidence that a lack of competition in the future would cause prices to go up, then the law shouldn’t prohibit below-cost sales.

But the Appeals Court took a different approach, concluding that this particular state law was not only designed to protect consumers in the short term, but small businesses (and thus overall competition) in the long term.

That’s consistent with the history of the Unfair Practices Act, which was written during California’s progressive era, when reformers were concerned about large businesses (particularly supermarket chains) driving local markets out of business. It was, James R. McCall, a professor at UC Hastings College of Law, wrote in the Pacific Law Journal, “the first comprehensive modern state predatory pricing statute.”

In a 1997 article, McCall noted that federal courts had undermined much of the power of antitrust laws such as the Sherman Antitrust Act, such that “by 1980, the era of expansive application of antitrust acts in federal courts had ended.” However, the California law, later copied in six other states, “is precisely drawn to eliminate defined commercial practices such as predatory pricing.”

Joseph Hearst, an East Bay attorney and appellate specialist who helped write the Guardian’s appeal brief, noted that the court had taken the questions in the appeal very seriously. “It is obvious the court did an enormous amount of independent research — quoting cases neither side had mentioned in their briefs and demonstrating a mastery of the topic,” he said. “The court was clearly aware of the issues at stake, not only in this case but in future cases involving the Unfair Practices Act. They carefully explored how the UPA is different from federal predatory pricing law and pointed out that the UPA, in some respects, sets a much tougher standard than federal law, which is why they could confidently say that it does not require the federal ‘recoupment’ standard.”

Ralph Alldredge, the Guardian’s lead trial and appellate attorney, noted that “this is the most direct attack upon the viability of the UPA since its constitutionality was challenged unsuccessfully in the 1940s. By rejecting it, the Court of Appeal has confirmed that the UPA cannot be subverted by importing federal standards which have made below cost pricing claims impossible to win in federal court.”

He added: “Think of what that means for big-box retailers, which have used below-cost selling on some products to attract customers away from small, independently owned grocery, hardware, drug, and department stores.”

The Weekly has an entire section of its website devoted to the lawsuit, which it calls “stupid” and “absurd.” The trial, the Weekly argues, was “marred by judicial error and emotional anti-chain arguments.” At one point, the paper even argued that the Guardian was delaying its response to the New Times appeal briefs because we feared losing the appeal.

But as of press time, the Weekly had not published a word on the Appeals Court ruling. It’s the first time anything has happened in the case that the Weekly hasn’t covered. I e-mailed Van De Voorde to ask for comment, but he hasn’t gotten back to me.

PS The Guardian‘s legal team, which did a stunning job at every level, consisted of Richard Hill, E. Craig Moody, and Ralph Alldredge at the trial level, assisted by Joseph Hearst in the appeal and by Jay Adkisson and Travis Farnsworth on the collection efforts.

Editor’s Notes

4

tredmond@sfbg.com

I suppose I should be thrilled that 40 of the richest people in the United States have agreed to give away half their money before they die. Actually, it kind of makes me sick.

The concept is called the Giving Pledge, and Bill Gates and Warren Buffet started it. The two have been on the phones this summer, dialing up other really, really rich people and asking them to sign on. I’ve got nothing against Gates and Buffet (well, Gates has always been into world domination, so that’s a problem, but Buffet seems a decent sort for a billionaire). In fact, Buffet has promised to give away 99 percent of his $47 billion, which would leave him and his heirs with just a paltry $470 million.

Even that much money fits into New York Mayor (and billionaire) Michael Bloomberg’s entirely accurate statement: “The reality of great wealth is that you can’t spend it and you can’t take it with you.”

That’s the thing: You can’t spend that much money, and you can’t take it with you, and the United States used to be the kind of country that disdained inherited monarchy. Bloomberg says he wants his kids to have to work for a living, which is nice, although even after he gives away half his wealth, none of them are likely to miss any meals or have trouble paying the rent. His children, and their children, and their children, will all be able to afford to go to good schools and colleges, even if the public education system in America completely collapses for lack of adequate funding.

The irony is that, for the most part, these exceptionally rich people who feel so good about giving their money to charities of their choosing (which then honor them with awards and testimonials and dinners) oppose the notion of raising taxes on high incomes.

The problem with charity is that it won’t ever really reduce the gap between the rich and the poor in this country. The only way you do that is with aggressive, effective government action: by taxing the great wealth when it comes in (as income) and when it goes out (as estates) — and then, through a democratic process involving elected representatives, deciding where the money should go.

The Bill and Melinda Gates Foundation is wonderful, I guess, but it won’t provide mental health care for homeless people in San Francisco. That’s a government job. It also won’t ensure that every kid in America gets quality preschool, good teachers, schools that aren’t falling apart, and access to a college education. That’s what we pay taxes for.

But wait a minute. There’s never enough money for these things, because we keep cutting taxes on the rich. Instead, these guys can give money to their own pet projects — and pay no taxes at all. It’s charity! It’s a tax write-off!

I wanna throw up.

New approach for the new U.S. attorney

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EDITORIAL Joseph Russoniello, the U.S. attorney who terrorized immigrants, city employees, and medical marijuana growers, is finally out of office, replaced Aug. 13 by an Obama nominee screened by Sen. Barbara Boxer. Melinda Haag is the second female U.S. attorney in California history and the first since the 1920s. She’s taking over an office that pushed all the wrong priorities and served as an outpost of Bush administration values in Democratic Northern California, and she needs to turn that around, quickly and visibly.

President Obama has made it clear that he doesn’t want his Justice Department wasting valuable resources busting people who grow, sell, and use pot for medicine. And while the president has been slow and far too cautious on immigration reform, he has resisted the nativist movement and harsh attacks on undocumented immigrants. But a U.S. attorney has a tremendous amount of discretion on law enforcement priorities, and Haag could easily slide along, refusing to break with the policies of her predecessor.

That would be a serious mistake, one that would reflect poorly not only on the Obama administration but on Boxer, who under the traditions of Senatorial courtesy played a central role in choosing Haag.

The new U.S. attorney should:

Disband the grand jury that’s been investigating whether city employees violated federal law by failing to turn suspected illegal immigrants over to immigration authorities. The grand jury started sending subpoenas to city agencies two years ago and raised the specter that some local juvenile justice workers might face charges. The move set off policy changes by Mayor Gavin Newsom that have led to more than 100 young people being torn from their families and sent to federal immigration detention centers.

The grand jury operates at the U.S. attorney’s discretion, and while its activities are secret, Haag could and should announce that the investigation is closed and no charges are pending.

Inform City Attorney Dennis Herrera that no city employee will face federal criminal charges for complying with the city’s Sanctuary Ordinance. The threat of criminal charges has given Newsom cover for refusing to implement a sanctuary law that the supervisors passed over his veto. The law, sponsored by Sup. David Campos, directs city workers not to turn juveniles over to Immigration Control and Enforcement until they’ve been convicted of a felony. Herrera asked Russoniello for assurance that city employees could implement the law without fear of federal indictment, and the Republican appointee refused. Haag should give Herrera, and all city employees, written assurance that she won’t press charges over the sanctuary policy.

Stop the pot busts — and don’t try to undermine Prop. 19. Even after U.S. Attorney General Eric Holder made clear that he isn’t interested in harassing medical cannabis operations, local growers and outlets remain fearful of federal prosecution. And if the state’s voters legalize pot this fall, as appears likely, the weed will still be illegal under federal law. Haag needs to let the FBI and Drug Enforcement Administration know that she’s not going to take any cases involving legitimate medical marijuana operations — and that she won’t use her office to undermine state law if Prop. 19 passes.

Of course, if the U.S. attorney’s office stops wasting time and money cracking down on pot growers and immigrants, the lawyers who work under Haag may have time to do some more relevant and worthwhile law enforcement. They could, for example, start looking into enforcing a federal law called the Raker Act, which requires San Francisco to operate a public power system.

Community Congress convened

1

news@sfbg.com

About 60 San Francisco citizens voted just before 1 p.m. on Aug. 15 to adopt a progressive platform of approximately 100 policy recommendations they hope will define the agenda of candidates and elected officials in coming years and offer a contrasting vision for the city to that of downtown corporate interests.

Sunday’s culmination of the 2010 Community Congress represented almost a year’s work by some 400 San Franciscans and dozens of community-based organizations, according to the Congress’ draft recommendations. The congress convened all day Aug. 14, at the University of San Francisco’s Fromm Hall, where participants engaged in breakout groups aimed at addressing four distinct local policy categories: health and human services; Muni and public transportation; affordable housing and tenant rights; and community-based economic development.

Recommendations in the four areas were drafted prior to the congress and published by the Guardian (see “Reinvention of San Francisco,” Aug. 4 and “Ideas that work: a plan for a new San Francisco,” Aug. 11), but planning group coordinator Calvin Welch said between a one-quarter and one-third were rewritten and amended during the breakout sessions on Saturday and by the congress as a whole on Sunday. Representatives from the breakout groups are working to finalize all the last-minute amendments and hope to post a final document by on the congress’ website (www.sfcommunitycongress.wordpress.com) by Aug. 20.

“This is a group of left-progressive people trying to articulate a left-progressive view for the city that is distinct from the cynicism of the [San Francisco] Chronicle and [Mayor] Gavin Newsom’s message,” Welch told the Guardian after the vote.

Gail Gilman facilitated the final adoption session on Aug. 15, passing a microphone to those who wished to speak or propose amendments while pushing the group to stick to the schedule. “I think we produced a solid progressive platform that will gain traction in the upcoming supervisors race,” Gilman told the Guardian outside the congress. “We’re hoping to have actionable items implemented over the next five years.”

Some of the congress’ ambitious agenda had to be put on hold, either because consensus couldn’t be reached or groups simply ran out of time. The Muni group’s recommendation to delay the Central Subway Project and use those funds to address “Muni’s backlog of operating, maintenance, and capital improvement needs” was tabled, as was decentralizing control of expenditures in health and human services out of the mayor’s hands. However, several agencies that the congress hopes to create, including a “canopy” entity to manage San Francisco’s public health system, would have direct budgetary control over city departments.

Health and human services group coleader and Bayview-Hunters Point Foundation Executive Director Jacob Moody told the crowd about a question posed early in the congress that informed his group’s recommendations: How do we create a city where people can live, work, and prosper together?

Welch admitted that some of policy recommendations would be difficult to realize and would draw the ire of powerful political groups in San Francisco, but he insisted that creating a municipal bank, an economic redevelopment agency, and a health and human services planning agency, and implementing several of the Muni group’s recommendations, were actionable in the short term.

“Some others would need to wait until the election of a new mayor,” Welch said. “I hope we can get some mayoral candidates to endorse some of these proposals.”

Sunnydale/southeast neighborhood community organizer Sharen Hewitt said that although there were often disagreements at the congress, the most important aspect of the event to her was that everyone learned from the perspectives of others.

“Tension is not always bad,” Hewitt told the Guardian at the event. “Everybody came here with biases and interests. Everybody needs to leave here with more. I’m damn near 60 years old and I grew half an inch today.”

Sunday’s congress and policy platform were modeled after San Francisco’s first Community Congress, which took place in 1975. But Welch told us this congress was entirely new. “To the extent that there is a historical aspect, 35 years ago we tried to figure out a way to bring people together. And 35 years later, young people want to do the same thing.”

“Diamond” Dave Whittaker, a modern Emperor Norton-esque San Francisco personality, closed the congress with a poem. “The basis of real social change is happening here,” he said. “And we need to continue casting a wider net, finding the thread, and letting it flourish.”

Alerts

0

alert@sfbg.com

THURSDAY, AUG. 19

 

Celebrating Young Activists

Mingle with environmental activists and community group members of all ages at the networking event Celebrating Young Activists: Building a Green Movement and Changing the World. The event features talks by inspirational young leaders, winners of the Brower Youth Awards, environmental and social justice organization information tables, and live jazz.

6:30 p.m., $10–$20

Richard and Rhoda Goldman Theater

David Brower Center

2150 Allston, Berk.

(510) 859-9100

SATURDAY, AUG. 21

 

Shoot Hoops, Not Guns

Commemorate the 25th birthday of Elliot Jemar Noble, who was killed by an Oakland police officer in 2005, at this combination march, basketball tournament, and gospel concert. The event is a benefit for the Elliot J. Noble Multiservice Family Organization, a nonprofit that provides support for families affected by violence. The parade begins at 10 a.m. at Eldridge and Darien streets, progresses to a 1 p.m. basketball tournament where players assume the names of slain or incarcerated loved ones, and ends with a gospel concert at 6 p.m.

10 a.m., $5–$10 for the concert

Ira Jinkins Recreation Center

9175 Ededs, Oakl.

(510) 895-5234

SUNDAY, AUG. 22

 

Tour Alameda Naval Air Station

Find out more about Alameda’s Naval Air Station, which closed in 1997 and remains the subject of much controversy and public debate over what to do with this prime piece of real estate. This guided tour combines a two-hour bus tour followed by a self-guided walking tour of the businesses engaged in adaptive reuse of the buildings. Reservations required.

1 p.m., 3 p.m.; $10

Meet in front of Alameda Naval Air Museum

2151 Ferry Point Road, Alameda

(510) 479-6489

 

Mobilization for Climate Justice

Get involved in the effort to stand up to big oil companies by attending this public action planning meeting for an Aug. 30 march and protest on the five-year anniversary of Hurricane Katrina. The protests will target the offices of BP and Chevron for their roles in environmental and community destruction in the gulf, the Bay Area, and around the world.

Noon, free

Mission Cultural Center

2868 Mission, SF

www.actforclimatejustice.org/west

 

Nuevos Horizontes

Attend a benefit dinner and show for Nuevos Horizontes, a domestic violence shelter in Guatemala that provides long-term housing, psychological counseling, legal advice, job training, and health care for women and children. There will be vegan and vegetarian options for dinner, bands, and speakers.

6 p.m., $8–$10

Call (510) 878-8879 or e-mail bigcavecomix@live.com for Oakland location

www.ahnh.org

 

Street Food Conference

Following the San Francisco Street Food Fest, attend this conference dedicated to the exploration of food, policy and economics. Participants will engage in discussions about the creation of viable economic models that allow small-scale food entrepreneurs to bring the foods they love to the cities in which they live.

Sat. Noon-5pm, Sun. 9 a.m.–3:30 p.m., $20–$50

Hotel Vitale

8 Mission, SF

sfstreetfoodconference.eventbrite.com

Mail items for Alerts to the Guardian Building, 135 Mississippi St., SF, CA 94107; fax to (415) 437-3658; or e-mail alert@sfbg.com. Please include a contact telephone number. Items must be received at least one week prior to the publication date.

 

To try a cop

0

news@sfbg.com

Proponents of civilian oversight for the San Francisco Police Department are hopeful that fresh blood on the Police Commission, along with a new set of rules designed to expedite disciplinary hearings, will improve the often-criticized, delay-plagued system of citizens policing cops.

The commission’s backlog of pending cases — which at its worst ballooned to more than 70, with at least one more than nine years old — prompted massive media coverage in 2009; a San Francisco Chronicle editorial calling for the system to be reformed early this year; and former Police Commissioner and District 10 Candidate Theresa Sparks’ recent statements to the Guardian that SFPD’s civilian oversight system is “broken” and that the power to fire police officers should go to the chief.

As it stands now, SFPD Chief George Gascón can handle any case in which punishment will not exceed more than a 10-day suspension, whether initiated from within the department and investigated by the Management Control Division — SFPD’s version of internal affairs — or resulting from complaints made by civilians through the Office of Citizen Complaints. The Police Commission must hold hearings for any case in which more severe discipline is recommended by either office.

“There are litigation delays that occur outside the control of the commission,” OCC Director Joyce Hicks told the Guardian. Appeals to superior courts can indefinitely stall cases before the commission, she said.

The OCC has its own backlog of investigations, which Hicks primarily attributes to budget constraints. San Francisco’s charter dictates that the OCC have one full-time investigator for every 150 SFPD officers. There are 2,317 sworn officers in the SFPD, according to the department’s most recent citywide CompStat report, which means that the OCC should have at least 15.5 investigators. Hicks says she has 14, and that supervising investigators are taking on cases to pick up the slack. OCC’s 2010 second-quarter report states that, due to budget constraints, the office will not be able to meet its full compliment of 17 front-line investigators.

“We do not have an adequate number of investigators for the size of our caseload,” Hicks said. “We are working very hard with the Police Commission to reduce the backlog. But they have to be scheduled by the commission for us to prosecute them.”

Hicks would like to see the number of investigators dictated by the number of complaints the OCC receives instead of the size of the SFPD, as a critical 2007 report by the Controller’s Office suggested.

Police Commissioner Jim Hammer, who was appointed by the Board of Supervisors early this year and has been instrumental in crafting new rules to speed hearings before the commission, said he believes the current system is beginning to work better and will continue to improve with future tweaks.

“I would not be opposed to the chief having more authority to impose discipline as long as a civilian body has the authority to make the final check on it,” he told the Guardian. “This isn’t just about Chief Gascón — this is about the system. Someday there will be another chief.”

A swelled backlog at the commission has real consequences for the city’s available police force and overall budget. Despite numerous attempts, no one in SFPD’s media relations unit, chief’s office, personnel division, or MCD could provide the Guardian with the number of officers taken off active police duty to work a desk while their complaint cases stall before the Police Commission.

Gascón refused to comment directly for this story, stating through SFPD spokesman Sgt. Troy Dangerfield that his thoughts on police discipline were “already out there.” But the chief did tell the Board of Supervisors Budget Committee that the lag in the discipline process was hurting the usable number of officers at his disposal. San Francisco’s charter mandates that the number of full-duty sworn police officers cannot fall below 1,971.

“Two weeks ago, we had an individual who had a case that was pending for nine years,” Gascón told the Budget Committee in June. “I am unable to use him in the field. He will be one of the many who will not be able to do police work as we would expect of someone with a police officer rank.”

And when Budget Committee Chair John Avalos asked if the officer was still on the payroll, Gascón responded: “Absolutely.”

The commission’s Procedural Rules Governing Trial of Disciplinary Cases, which were adopted in April, limit hearings to less than four hours and state several times that requests for delays, called continuances, are generally disfavored. “In the past they’ve turned into trials,” Hammer said. “But these are administrative hearings.”

Angela Chan, a stalwart San Francisco immigrant rights advocate and staff attorney for the Asian Law Caucus and new police commissioner appointed in May, said the commission is prioritizing tackling the backlog. “I know how to manage a docket,” she told the Guardian. “The very first thing I do when I have an initial conference call is set a hearing date.”

But if officers say their attorneys can’t make that date and request a continuance? “My response is to get another attorney,” Chan said. “There is no haggling. As a commission, we have to stay on top of the docket.”

In addition to the rules pushing police commissioners to hold prompt, fair hearings, Hammer and former Police Commissioner David Onek instituted an accountability report for the commission. The commissioners envisioned a monthly report published on the commission’s website — similar to the OCC’s quarterly reports — that outline the total number of disciplinary cases before the commission, the number of cases assigned to each commissioner for evidence intake, and measurements to gauge how well the commission was sticking to the rules adopted in April.

The actual document is a far cry from what the commission envisioned, listing only active cases before the commission, cases filed to date for 2010, and individual commissioner’s number of assigned hearings. It is not available online.

As of July 31, the commission has 44 pending cases, including appeals. Police Commission President Joe Marshall, whose recent reappointment stalled in the Board of Supervisors because of ambiguity about his position on the Secure Communities program, completed no hearings in 2010. He has been assigned eight. Hammer completed six hearings, has an additional three in progress, and has two more scheduled.

Commission Vice President Thomas Mazzucco has held and decided two hearings this year and has three more scheduled. Petra DeJesus completed one hearing, settled two cases, and has two more hearings scheduled. Angela Chan has scheduled four of the five cases she has been assigned. New mayoral Police Commission appointee Carol Kingsley was not included in the latest report because she began her term Aug. 4.

Hammer also wants to refine what is known as the hearing officer process, in which accused officers can elect to have the evidence portion of their case heard by a hearing officer. That officer then reports to the full commission, which makes the final ruling on disciplining the officer. The problem is that getting all parties to agree on a hearing officer takes a lot of time. In addition, final reports to the commission sometimes can take months to generate.

“They’re agreeing to it [using hearing officers] now because it builds in a huge delay,” Hammer said.

Chan wants to convince officers that quickly airing a hearing is just as likely to exonerate them as to create a headache, long suspension, or termination. Hicks, Chan, and Hammer all agreed that the value of civilian oversight of the SFPD outweighed slow, sometimes messy system. “The overwhelming majority of police officers are conscientious, hard-working public servants,” Hammer said. “The overwhelming majority of cops and citizens have a strong interest in making sure the few bad apples are weeded out.”

Finally, some logic on same-sex marriage

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EDITORIAL Judge Vaughn Walker’s historic decision overturning Proposition 8 was remarkable not so much for its conclusion, but because it has taken so long for a federal court to conclude that same-sex marriage does no conceivable harm to anyone.

The legal scholars can debate whether this particular civil rights issue deserves strict scrutiny or must meet only a rational-basis test. And everyone knows the case will eventually wind up in the U.S. Supreme Court, where nine justices will decide whether official discrimination can be legal in the United States of America.

But what Walker did was crucial — he devoted the vast majority of his 138-page decision to discussing the facts of the case. As Bob Egelko notes in a nice San Francisco Chronicle piece Aug. 8, Walker provided a forum for the public debate that should have happened around the ballot measure but never did. Prop. 8 was decided after political consultants used carefully honed messages designed to play on people’s emotions; the real facts of the matter were hardly ever discussed on a statewide level.

The facts of the matter, as the record clearly shows and Walker eloquently related, are simple: there’s nothing wrong with same-sex marriage. The ability of same-sex couples to marry has no impact on the rights of opposite-sex couples. There is also no legal reason to believe that something rooted in an old tradition — from a time when gender roles were rigidly prescribed — has, in and of itself, any validity. "Tradition alone," Walker noted, citing a 1970 U.S. Supreme Court case, "cannot form a rational basis for a law." Furthermore, studies show that children brought up by same-sex couples fare just as well (and in some studies, better) than children raised in traditional households.

In fact, the judge concluded, the only real reason Prop. 8 supporters put the measure on the ballot is that they don’t like gay and lesbian people: "Proposition 8 was premised on the belief that same-sex couples simply are not as good as opposite-sex couples. Whether that belief is based on moral disapproval of homosexuality, animus toward gays and lesbians, or simply a belief that a relationship between a man and a woman is inherently better than a relationship between two men or two women, this belief is not a proper basis on which to legislate."

That record of factual evidence will make it harder for the Ninth Circuit Court of Appeals or Supreme Court to overturn Walker’s ruling. And the very essence of his decision — that no harm comes to anyone in society when same-sex couples are allowed to wed — is ample reason for him to deny any stay while the case is on appeal. A stay, which would leave Prop. 8 in effect for several more years while the case works its way through the system, would make sense only if some irreparable harm would come to some party. There’s no such harm — real or potential or imaginable — to anyone or anything except institutional and personal bigotry.

The decision demonstrates another crucial factor, one that politicians of both parties should pay attention to this fall. Courts tend to (slowly) reflect changing attitudes in society. And while the polls are still inconclusive, the demographics are not: Almost nobody under 30 opposes same-sex marriage, and every year that passes, California and the country come closer to the day when Prop. 8 will seem as silly as anti-miscegenation laws.

Both Attorney General Jerry Brown and Gov. Arnold Schwarzenegger have asked Walker not to stay his ruling. Sen. Barbara Boxer has hailed the decision. But Republican gubernatorial candidate Meg Whitman and Senate contender Carly Fiorina remain adamantly opposed to same-sex marriage. Brown and Boxer shouldn’t be afraid to make this part of their campaigns. There’s not a whole lot to bring young people to the ballot this fall, and making Prop. 8 an issue can only help the Democrats.

It’s also worth remembering that nearly every Democratic leader in the nation blanched when San Francisco, under Mayor Gavin Newsom did the right thing and legalized same-sex marriage in 2004. We warned then that Sens. Boxer and Dianne Feinstein, Speaker Nancy Pelosi, and the rest of the Washington crew would wind up on the wrong side of history. And now that a judge who has never been known as a leftist (or even a liberal) has made the case that marriage is a civil right and discrimination is never legally acceptable, they ought to admit they were wrong.

Ideas that work: a plan for a new San Francisco

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OPINION San Francisco is a city of tremendous riches and problems — a locus of wealth, inequality, innovation, creativity, and sometimes stifling resistance by political and economic power brokers. It’s time to break through. We have the ability, and opportunity, to create a whole new set of economic, social, and political relationships between people and government. On everything from municipal banking, to Muni reform, to public-controlled sustainable energy production and community-driven budgeting, we have a flood of ideas from thinkers and activists across the city.

The Aug. 14-15 Community Congress at the University of San Francisco will focus on turning those ideas into a political platform the city can implement. Last week, we described the vision; this week, we offer some proposals that will be discussed at the event; following the event, others will be posted at sfbg.com.

The event runs Aug. 14 from 9 a.m.–5 p.m. and Aug. 15 from 9 a.m.–1 p.m. at USF’s McLaren Conference Center. For information, go to www.sfsummitcongress.wordpress.com. (Karl Beitel and Christopher Cook)

1. A MUNICIPAL BANK


San Francisco is rich — it has $16.1 billion in assets, with a net worth of $6.5 billion, according to the city treasurer. With a little maneuvering and political will, roughly a half-billion of that money could be devoted to creating a municipal bank: a fiscally solvent, federally insured economic engine that would invest in community development projects serving underfunded activities and endeavors, providing significant economic and social benefits to the residents of San Francisco.

With its own public bank, San Francisco could begin to fund and promote more community-centered forms of economic development. Worker co-ops, for instance, could get loans for projects that are socially beneficial and economically viable. The bank could also help generate new homegrown industries that produce both revenue and social value to the city. This would help democratize the city economy, giving financial muscle to community-based projects and neighborhood-serving businesses.

Over a period of three to five years, a modest portion of the city’s liquid investments can be transferred to create to the new bank. The bank could use this pool of capital to extend low-interest, long-term loans for projects located in San Francisco. The bank would offer a full spectrum of retail banking services, such as money market accounts, to attract additional deposits to supplement funds from the city.

A municipal bank has potential to grow into a major economic force in the city for financing community-centered development. With the right up-front commitment from the city, the total asset portfolio of loans and other investments would grow far beyond this initial public investment — representing a significant infusion of loan capital into currently underserved segments of the credit market in San Francisco.

The municipal bank would be a member-owned, federally chartered, and federally insured credit union. It would engage in rigorous vetting of loan applicants. But because the bank would not run as a profit-maximizing enterprise, loan officers would explicitly consider projects in light of their economic viability and potential contribution to the economic, social, and cultural well being of San Francisco.

Priority could, for instance, be given to loans for affordable housing development and community economic development. In particular, the bank could prioritize businesses and enterprises that represent alternative models of ownership such as worker co-ops and worker collectives, and smaller, community-serving, locally-based, social enterprise-type businesses.

To ensure that the bank’s lending activities reflect the need for more democratic modes of credit and finance, governance and oversight could include representation from social groups and constituents normally excluded from corporate governance. The bank’s member-owners would elect the board of directors.

Municipal bank funds would be completely separate from the city’s general fund, with strict firewalls imposed to assure that lending activities do not become intermingled in any way with the annual appropriations process.

By creating its own bank, San Francisco would be a national model for community-based development and economic democracy. It would be a national first, and has the potential to transform how cities think about local economic development. (Beitel)

2. HOUSING SAN FRANCISCO


Since the beginning of the dot-com boom, San Francisco has seen displacement of low-income families from rent-controlled housing in alarming numbers. Much of this displacement has been happening through conversion of small residential apartment buildings (between four and 12 units) into tenancy in common units. Small-site displacement tends to target seniors, disabled people, and working class families — and many of the units that were converted were, under rent control, de facto affordable housing.

In addition, over the past 15 years the city has lost 4,370 units due to Ellis Act evictions. At the same time, the city’s housing production model favors larger projects because of the economies of scale possible for new construction of big projects, with 70 or more units. While these projects are important in adding to the city’s affordable housing stock, sites to accommodate giant developments are in short supply.

So how do we address San Francisco’s chronic affordable housing crisis. First, stabilize low-income communities and preserve diverse neighborhoods by encouraging the city to invest in developing a small sites acquisition and rehabilitation program that could help nonprofits take over and operate affordable rental housing for low-income tenants. That property could also be converted to limited equity housing cooperatives and community land trust properties.

Next, the city should ban all TICs from becoming condos. The city can give landlords and speculators a choice: If you want your property to be eligible for condo conversion, with all the economic benefits that come with that designation, then you need to follow the process and abide by tenant protections in the condo law. If you want to ignore the condo law, then you’re stuck with a TIC.

To further protect renters, prior to sale of a renter-occupied unit, the city could require the owner to offer tenants the right to buy the unit, at a price based on the last best offer from a bona fide purchaser.

The Rent Board also needs reform. The panel, which oversees rent increases, consists of five members: two landlords, two tenants, and one homeowner. All are appointed by the mayor. We suggest three tenants, two landlords, and two homeowners — with the appointments split between the mayor and the supervisors.

There also must be a permanent, local source of funding for affordable housing development. A progressive increase in the real estate transfer tax could generate $45 million annually.

We further support Sup. Ross Mirkarimi’s proposed legislation that would protect resident’s rights during relocation and ensure their right to return to buildings that have been redeveloped. (Amy Beinart and the Council of Community Housing Organizations)

3. THE CRISIS IN CARE


More than any other American city, San Francisco relies on a network of faith- and community-based nonprofits to deliver critical health and human services to its poorest and sickest residents. More than 15,000 people are employed in this sector, which had a total budget of almost $800 million in 2000.

Health and human service nonprofits play a significant role in providing a substantial portion of the city’s services for seniors, people with AIDS, the homeless, children and youth, people with special physical and mental needs, and those who suffer from substance abuse.

Yet this critical sector finds itself bearing the brunt of cuts and reduction in services caused by the fiscal crisis facing San Francisco.

So what can we do? Here are seven suggestions.

First, conduct a coordinated citywide health and human services needs assessment driven by neighborhoods and communities.

Second, working with service users, service providers, and city employees, create a 10-year plan for health and human services that can guide yearly budget considerations.

Third, as the city implements the 2009 ballot measure that calls for a two-year budget cycle informed by five-year financial plans, require department heads and commissions to include the perspective of professional service providers and service users, including a standards analysis plan and a narrative about the impact on services.

Fourth, open a dialogue with the foundation community on addressing the changing needs of the nonprofit human services community, including community needs, accountability, and funding cycles.

Fifth, depoliticize the request-for-proposals (RFP) process by moving it out of city departments and into the Controller’s Office.

Sixth, require city departments that contract with nonprofit health and human service providers to complete their implementation of the recommendations to streamline the city’s contracting and monitoring processes approved by the 2003 City Nonprofit Contracting Task Force, and ensure that current procedures and processes are consistent with those recommendations.

And seventh, preserve services for the most vulnerable San Franciscans by focusing on revenue solutions to the city’s ongoing structural budget deficit, including November 2010 campaigns to increase the hotel tax and the real property transfer tax. (Debbi Lerman, Human Services Network)

4. BUILDING WORKER COOPERATIVES


Although these are hard times, there’s an opportunity for San Francisco to realize a new model of economic sustainability — by supporting worker cooperatives.

The worker cooperative model is a business form well-suited to the diverse needs of urban areas and is already viable in a broad variety of sectors including manufacturing, service, and retail. A key aspect of worker cooperative development is that its goal is not just the creation of jobs; it’s also about making business ownership accessible.

An inspiring new model of economic development is currently taking place with the Evergreen Cooperatives in Cleveland. In an ambitious effort, anchor institutions such as the local universities, hospitals, and the City of Cleveland have established procurement agreements with developing worker cooperatives rooted in the struggling urban communities of Cleveland (where unemployment rates are as high as 25 percent). The goal is to redirect the estimated $3 billion that these anchor institutions spend on goods and services toward worker cooperatives in the communities where these institutions are located. The first two business models underway are a commercial laundry service and a solar installation company.

There’s also a lot of inspiring work already being done by the worker cooperative community in the Bay Area. The Arizmendi Association continues to develop new worker-owned bakeries despite the economic recession. This fall, Arizmendi will launch its second SF location in the Mission District, creating new jobs and opportunities for local residents to have ownership over their work. Rainbow Grocery and Other Avenues are two extremely successful, long-lasting worker-owned grocery stores in San Francisco.

The city ought to officially recognize the worker cooperative model as both viable and preferable, and include it in the city’s various efforts of economic development. And city officials should take a leadership role in reimagining what a vibrant economy could look like and begin to promote worker cooperatives as central to that vision. (Poonam Whabi, Rick Simon, Steve Rice, Inno Nagara, and Nadia Khastagir)

Alerts

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alert@sfbg.com

WEDNESDAY, AUG. 11

Anarchists Salon


Join this monthly discussion, sponsored by Bay Area anarchists, aimed at encouraging constructive dialogue and debate about strategies for social transformation. People from diverse anarchist perspectives are welcome to help brainstorm projects and organizing efforts. Proceeds benefit the Oakland 100.

7 p.m., $3–$5 suggested

Station 40

3030B 16th St., SF

www.myspace.com/station40

Bay Area Timebank

Learn how you can exchange services, save money, and build a stronger community using this new timebank website that allows you to earn one "time dollar" for every hour you spend doing something for another member. Time dollars can then be traded for something you need, like goods and services. Half the bar tips from this informal luncheon will be donated to the project.

9 p.m., free

Elixir

3200 16th St., SF

www.timebank.sfbace.org

THURSDAY, AUG. 12

"Problema 1070"


Poet and MC Yoshimar Reyes leads a night of creative expression by Bay Area performers, spoken word artists, poets, and artists "reflecting on an Arizona state of mind." The event is intended to heighten awareness and broaden perspective on recently enacted xenophobic laws as well as ongoing attacks on the Latino immigrant communities in Arizona, Utah, and California.

7 p.m., $7 suggested donation

Mission Cultural Center Theater

2868 Mission, SF

(415) 821-1155

Women of Color Theory


Join radical feminists for a discussion from the feminist anthology, This Bridge Called My Back. The event features excerpts from Racism in the Women’s Movement, including writers Judit Moschkovich, Rosario Morales, Audre Lorde, and Doris Davenport. A summer buffet will be available beforehand for $7.50.

7 p.m., free

New Valencia Hall

625 Larkin, SF

(415) 864-1278

SATURDAY, AUG. 14

Conspiracy Tour 2010


This nationwide tour aims to raise awareness for the political activists from Minneapolis who are facing felony charges under the Patriot Act for conspiracy to commit riot and criminal damage during the 2008 Republican National Convention. Featuring performances and presentations. Proceeds benefit the RNC 8 legal defense fund.

7 p.m., donations encouraged

Station 40

3030B 16th St., SF

www. conspiracytour.wordpress.com

Defend Social Security


Join the California Alliance for Retired Americans (CARA) and the San Francisco Central Labor Council to celebrate and defend Social Security, on it’s 75th anniversary. The protest aims to raise awareness for the negative impacts that cuts to Social Security programs will have on seniors, people with disabilities, kids, and low-income families.

11 a.m., free

New Federal Building Plaza

Mission at Seventh, SF

(415) 215-7575

Mail items for Alerts to the Guardian Building, 135 Mississippi St., SF, CA 94107; fax to (415) 437-3658; or e-mail alert@sfbg.com. Please include a contact telephone number. Items must be received at least one week prior to the publication date.

The deal is done

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Mayor Gavin Newsom was quick to frame the Board of Supervisors’ 10-1 vote for Lennar Corp.’s massive redevelopment proposal for Candlestick Point-Hunters Point Shipyard on July 27 as a sign that plans to revitalize the Bayview are about to begin.

“Now we can truly begin the work of transforming an environmental blight into a new center of thousands of permanent and construction jobs, green technology investment, affordable housing, and parks for our city,” Newsom claimed in a prepared statement after the board (with Sup. Chris Daly as the lone dissenter) approved Lennar’s 700-acre project.

The proposal calls for 10,500 residential units; 320 acres of parks, retail and entertainment facilities, green-tech office space; and a San Francisco 49ers stadium if the team decides not to move to Santa Clara.

But Kofi Bonner, who worked for Mayor Willie Brown before becoming Lennar’s top Bay Area executive in 2006, said the vote means he can start shopping the plan around. “Now we have to find some money to move forward with the project,” Bonner told the San Francisco Chronicle.

Given the stubbornness of the recession, Bonner’s revelation that Lennar has yet to find all the necessary investors means local workers and public housing residents could be waiting a long time for jobs and housing in Bayview. If and when the project finally breaks ground, it will involve building condos in the Bayview’s only major park.

These realities undermine the claims of Lennar, which used the mantra of “jobs, housing, and parks” in 2008 to sell Proposition G but made no mention of a bridge over environmentally sensitive Yosemite Slough or selling state parkland for condos.

Also disturbing, says Sierra Club local representative Arthur Feinstein, is the lack of any economic analysis to support Lennar’s claims that the bridge is needed.

Indeed, the only thing clear to longtime observers of the plan is that the much vaunted jobs won’t happen soon, most of the housing will be unaffordable to current Bayview residents, and Candlestick Point State Recreation Area, the only major open space in the Bayview, will be carved up so Lennar can build luxury condos on waterfront land.

These concerns have led the Sierra Club to threaten a lawsuit over issues on which Board President David Chiu was the swing vote in favor of the Lennar and Redevelopment Agency plan. Yet Chiu told the Guardian that the process got him thinking that it might be time to reform the redevelopment process.

“Now might be a good time to address concerns about the potential for inconsistency between Redevelopment and the city when it comes to land use and planning visions,” Chiu said. “And I have concerns about the tax increment financing process.” Tax increment financing allows the Redevelopment Agency to keep all property tax increases from the project, up to $4 billion, to use in redevelopment projects rather than into city coffers.

Chiu says the amendment he offered July 12, which narrows Lennar’s proposed bridge over Yosemite Slough by half, was based “on the belief that having a connection between jobs and housing is important. And I had understood that it would cost the developer an additional $100 million if the bridge was removed.”

But Feinstein counters that it’s hard to imagine that building a bridge over an environmentally sensitive slough will attract investors that support green technology. He is concerned that the development is expected to attract 24,465 new residents but that the Lennar plan fails to mitigate for transit-related impacts on air quality. “The Bayview already has the highest rates of asthma and cancer in the city,” Feinstein said.

Chiu says the supervisors can introduce separate legislation to address this concern. “It’s my understanding that an air quality analysis could be implemented by the board,” he said.

Although the board’s July 27 vote was a relief for termed-out Sup. Sophie Maxwell, its failure to support the no-bridge alternative, increased affordability standards, and an air quality analysis could result in expensive and time-consuming litigation, Feinstein warns.

And although Sups. Chris Daly, Ross Mirkarimi, David Campos, John Avalos, and Eric Mar supported all three of these amendments, they were ultimately thwarted by a redevelopment law that limits the city’s control of such projects.

During the meeting, Daly acknowledged that it would be impossible for Lennar to meet his 50 percent affordability amendment. But he noted that if the project becomes too expensive “there’s going to be a pretty new neighborhood with lots of white folks living in the Bayview.”

But after Michael Cohen, Newsom’s top economic advisor, said the project would not be financially viable with 50 percent affordability, Sups. Chiu, Maxwell, Bevan Dufty, Michela Alioto-Pier, Carmen Chu, and Sean Elsbernd voted against Daly’s amendment.

These same six supervisors voted against Mirkarimi’s proposal to eliminate plans for a bridge across Yosemite Slough, even though Cohen was unable to point to any economic analysis to support Lennar’s claims that the bridge is necessary.

Arc Ecology owner Saul Bloom, whose nonprofit did studies indicating that an alternative route wrapping around the slough is feasible, says Lennar’s plan illustrates the problem that San Francisco has with development. “Elected officials couldn’t do anything,” he said, except give the nod to a plan he describes as “developed by a mayoral administration and approved by that mayor’s political appointees [on the Redevelopment Agency board],” Bloom said.

“The message that the environmental community takes away from all this is that it doesn’t pay to play well,” Bloom continued. “No matter how much you spend to try and ensure that litigation is not the only way to obtain the desired outcome, ultimately the message that comes back from the city and the developer is ‘sue us!’ That brings out the worst political conduct, not the most appropriate.”

Feinstein wouldn’t confirm that a Sierra Club lawsuit is imminent, but predicted that if the coalition — which includes Golden Gate Audubon, the California Native Plant Society, and SF Tomorrow — goes to court, it’s likely to win. “If we do litigate, we’ll probably do it on a wide range of issues,” Feinstein said. “They approved a fatally flawed document, and they could provide no documented evidence of the need for a bridge — and admitted that publicly.”

Feinstein contends that Lennar’s plan has been a runaway project from the get-go. “The idea was to march it through before the mayor is gone with little regard for process. And despite all the much vaunted public meetings, little in the plan has changed,” he said.

Feinstein added that he was disappointed in Chiu’s stance on the bridge. “There were five supervisors in the Newsom camp, but as board President, Chiu had a responsibility to be more vigilant,” he said. “We told him what’s wrong with the bridge plan, but he didn’t share our view.”

“This is a rare opportunity,” Maxwell said before the board’s final vote. “It focuses public and private investment into an area that has lacked it in the past. It’s unmatched by any development project in San Francisco. This project is large and complicated, no doubt. But let us not be fearful of this project because of its scale, because how else can we transform a neglected landscape?”

But project opponents say everyone should fear a deal that required the board to ask Lennar’s approval to amend a plan that was pitched by the Newsom administration and approved by a bunch of mayoral appointees on the Redevelopment Commission with little chance for elected officials to make changes.

Mirkarimi said the problem with a process in which redevelopment law trumps municipal law is that it creates a shadow government in those few municipalities in California where the Board of Supervisors or City Council is not the same entity as the Redevelopment Commission.

“This is not the first time Redevelopment’s plans have trumped the concerns of local residents,” Mirkarimi said, referring to the agency’s botched handling of the Fillmore District in the 1960s, which led to massive displacement of African and Japanese Americans.

“I’ve been told, ‘Don’t worry, Ross, this is not going to happen, we’re not going to use eminent domain.’ Well, jeez, that’s a consolation, because even when we’ve exercised our legislative influence and given our blessing, [Redevelopment] unilaterally changed the plan after it left the board,” Mirkarimi said, referring to Lennar’s decision to replace rental units with for-sale condos when it first began work on the shipyard in 2006. “That suggests a condescending role in which the developer is able to go to the Redevelopment Commission and make a unilateral change.”

Mirkarimi’s concerns seemed justified after Cohen, Bonner, and Redevelopment Director Fred Blackwell huddled in a corner of City Hall during the board’s July 27 meeting to decide which of the supervisors’ slew of amendments they would accept. When Cohen returned with the amendments organized into three categories (acceptable as written, to be modified, and completely unacceptable), Mirkarimi’s no-bridge amendment had been sorted into the “unacceptable” pile.

“With regard to your insistence on the economic reasons [for the bridge], please point to which document says that,” Mirkarimi said, leafing in vain through the project materials.

Cohen mentioned “a lessening of attractiveness,” “a lower-density product,” and a reduction of revenue available through tax increment financing to pay for the bridge.

“Yes, but I’m still trying to look for the information and all I’m hearing is this pitch,” Mirkarimi said. “The economic study is absent. There are no supporting documents here. This is why I feel it’s justified for us to have a review of this.”

Cohen rambled on about “rigorous public discussion over a number of years” and claimed that a “huge amount of studies had been done.”

“But there is no economic study,” Mirkarimi repeated.

The board then voted 6-5 against Mirkarimi’s amendment after deputy City Attorney Charles Sullivan said that the only way to remove the bridge — since the project’s environmental impact report had rejected that option — would be to reject the entire plan. “I wish we had been able to eliminate the bridge,” Campos told the Guardian after the vote. “Part of the challenge we have is to reexamine how Redevelopment works and explore the potential for taking it over.”

Daly believes the bridge has nothing to do with connecting the neighborhood to the city. “The idea is to allow white people to get the fuck out of the neighborhood,” he said. “And it connects a different class of people to a new job without having to go through a low-income community of color. That’s why the bridge is needed.”

Mirkarimi said he was satisfied that he had dissected the arguments against the no-bridge alternative but fears that institutional memory is lacking on the current board. “A lot of my colleagues have not been involved in the debacle,” he said, referring to decades of problems with redevelopment in San Francisco. But Maxwell was all smiles. “I did my homework a long time ago — that’s why they couldn’t touch the core of the project,” she said. “They just added to and augmented it.”

Schoolyard bully

6

news@sfbg.com

The San Francisco Unified District is facing scrutiny over its decision to move a charter high school into Horace Mann Middle School for the 2010-11 school year. Parents and teachers at Horace Mann and even members of the Board of Education were not informed of this decision until it was finalized last month, sparking questions about how this decision could have been made without communicating to all the parties involved.

This is the third time in recent years that the district has moved charter schools into public school facilities without notifying employees and parents before a decision is reached. In 2008, the district decided to relocate Excelsior Middle School to International Studies Academy High School, notifying parents of the move just months before the school year started. The charter school City Arts and Technology took over Excelsior’s site and was notified of the move a month before Excelsior parents.

In another case from 2008, district officials made a decision to co-locate Denman Middle School with Leadership High Charter School, again without informing the community of its decision until it was finalized. Now the charter school Metro Arts and Technology High School is moving from Burton High School in the Bayview District to Horace Mann in the Mission.

San Francisco Board of Education member Jill Wynns didn’t know about Metro’s move until parents brought up the issue at the June meeting. She said it’s hard to let the community know about impending decisions because balancing community involvement and trying to avoid “public hysteria” is a difficult task. “Our commitment is to involve the community, but they are not allowed to make the decisions,” Wynns told the Guardian. “We want them to know, but the decision is not up to them.”

Still, Horace Mann teachers said that the district’s habit of not notifying the community of its decisions isn’t fair, especially since Metro parents knew about the move months before they did. “The process is really disrespectful to the parents and it’s happening consistently to the disempowered,” a Horace Mann teacher who asked not to be named for fear of retribution, told us. “This is happening to schools with high amounts of people of color and low socioeconomic statuses.”

Envision Schools, the Oakland-based organization managing two charter schools in San Francisco, including Metro, wrote a letter to Superintendent Carlos Garcia on Oct. 15 requesting to move Metro to another facility, citing lack of natural light in its classrooms, lack of offices and spaces for administration, inadequate science labs, and lack of an identifiable school front entrance. Metro is protected under Proposition 39, a law voters approved in 2000 mandating that school districts must accommodate charter schools with facilities comparable to those used by other students.

Wynns said part of the problem is that Prop. 39 gives charter schools too much power. “The regulations are all biased in favor of the charter schools, and the charter schools rights are paramount,” Wynns told us. “We had Metro in a facility that, in my opinion, was more Prop. 39 compliant than the facility they will be going to now. And now we are going to crowd them in a middle school.”

Board members who criticize the deal say that the district didn’t follow district policy in this case. Wynns said that while some members of the board were under the impression that Metro was staying at Burton or that Horace Mann was only a consideration, district officials had already made the decision that Metro was moving to Horace Mann without notifying the board — a violation of board policy.

In an April 1 memo, the district finalized the offer for Horace Mann and then took the offer back and offered the Burton site in an April 30 memo. Metro lawyer Paul Minney responded in a May 11 memo, demanding co-location at Horace Mann and threatening legal action. The district responded by reinstating its initial offer of Horace Mann in a May 28 memo.

“Districts have a legal obligation to provide all charter schools with appropriate space to run a quality educational program. Consideration has to be given to determine if a designated school site is able to share facilities without having a significant impact on either school’s day to day operations,” district spokesperson Gentle Blythe told the Guardian. “In the case of Mann and Metro, the decision to co-locate was a matter of pending litigation and the ideal process was usurped by legal constraints.”

Board member Rachel Norton said that much of the miscommunication was the result of informal conversations between Envision Schools CEO Bob Lenz, Superintendent Garcia, and Horace Mann Principal Mark Sanchez about the impending move. In an e-mail dated March 11, Lenz contacted Garcia about their upcoming March 17 meeting and stated that Sanchez thought a partnership between Metro and Horace Mann would be “revolutionary.” According to board policy, negotiations are made between Director of Charter Schools Mary Richards and the head of the affected charter school. Although these informal conversations aren’t a violation of board policy, Norton said that these conversations created miscommunication.

Lenz wouldn’t comment on Norton’s remarks, but said, “It’s most important to look at how the district and Envision Schools could be good partners together. Rather than look back, we look forward to participating in a transparent process with the district going forward with the Prop. 39 process.”

According to Horace Mann teachers, Garcia and Sanchez claimed they were not aware that they had agreed to a final, binding offer, although correspondences suggested otherwise. E-mails dated March 30 included final offer copies of facilities for Metro to Garcia and Sanchez, who did not return our calls seeking comment by press time.

“I’m not quite sure who knew what, when,” Norton said. “I think it’s pretty clear that people were notified about the final offer that went out. Whether or not they saw that notification is another question. I’m certainly not accusing anyone of lying, but I think that there were just two levels of understanding because it wasn’t a clear process.”

“Its hard to believe that as previous president of the school board, Mark [Sanchez] did not know that this was a final offer,” a Horace Mann teacher said. “This has put a huge strain on the relationship with the staff and the principal.”

Despite tensions within Horace Mann staff, newly appointed Metro Principal Nick Kappelhof said he’s looking forward to the next school year. “I view this as an opportunity to partner in ways that’s not common in other co-locations,” Kappelhof told us. “Our philosophies are aligned and we’re excited to learn from them. I see it as a rich opportunity between staff and a great community.”

Metro has a one-year lease with Horace Mann and will occupy eight classrooms in the sixth-grade annex building and five rooms in the main building. Although many parents have fears about these middle school and high school students interacting, staff members at Horace Mann and Metro plan on organizing different bell schedules and designating separate areas for the two groups.

As the school year draws nearer, Horace Mann staff hopes for ways to get past this messy situation. “I hope Envision doesn’t feel the need to retaliate against the public school system, and that they think twice before they threaten a lawsuit because it’s easy and it’s the first thing they go to,” a Horace Mann teacher told us. “I hope there are lessons learned on both sides about how to do this successfully in the future. I think it can be a positive experience — co-location doesn’t have to be hard.”

But Wynns and Norton fear Metro will pressure the district to let the charter school remain at the site, whether or not students and parents there now think it’s a good fit. “I will be very surprised if their Prop. 39 request [for facilities following this school year] will not say Horace Mann — and I believe [it] will,” Wynns said of Metro.

“I want us to do everything in our power to protect ourselves against that happening [Metro extending its stay at Horace Mann],” Norton said. “I don’t know precisely what that would be, but I think we have to take steps to make it clear that the site is unavailable for them next year.”

With an uncertain future, Horace Mann will open its doors to Metro this month, becoming either another example of a growing partnership or another public facility fallen prey to charter school takeover, depending on one’s perspective.

The politics of unity and division

7

steve@sfbg.com

These are strange days for the San Francisco Democratic Party, which is seeking to overcome bitter divisions on the local level and come together around candidates for statewide office that include Mayor Gavin Newsom, whose fiscal conservatism and petulant political style are the main sources of that local division.

The tension has played out recently around the Board of Supervisors deliberations on the new city budget and November ballot measures and in dramas surrounding the newly elected Democratic County Central Committee, where the battles during its July 28 inaugural meeting previewed a more significant fight over local endorsements coming up Aug. 11.

Almost every elected official in San Francisco is a Democrat. Newsom, the Democratic nominee for lieutenant governor, has been the main obstacle to new taxes that progressives and labor leaders say are desperately needed to preserve public services, deal with massive projected deficits in the next two years, and quit balancing budgets on the backs of workers.

“We balanced the budget without raising taxes. I don’t believe in raising taxes. We don’t need to raise taxes,” Newsom said proudly at his July 29 budget signing ceremony, during which he also effusively praised the labor unions whose support he needs this fall: “Labor has been under attack in this state and country. They’ve become a convenient excuse for our lack of leadership in Sacramento and around the country.”

That hypocritical brand of politics has been frustrating to his fellow Democrats, particularly progressive supervisors and DCCC members. At the July 27 board meeting, Sup. Ross Mirkarimi and Board President David Chiu reluctantly dropped their pair of revenue measures that would have raised $50 million, bowing to opposition by Newsom and the business community.

The San Francisco Chamber of Commerce has become such a vehicle for antitax and antigovernment vitriol that the DCCC on July 29 approved a resolution calling for the organization — which hosted a speech by Republican National Chair Michael Steele in June — to renounce the platform of the Republican National Committee.

“The Chamber is not a knee-jerk right-wing organization,” Chamber President Steve Falk felt compelled to clarify in a July 28 letter to DCCC Chair Aaron Peskin, closing with, “Anything you can do to avoid painting the Chamber as a pawn of the GOP would be greatly appreciated — because it just isn’t true.”

Yet Rafael Mandelman, who sponsored the resolution and is a progressive supervisorial candidate in District 8, told us the Chamber’s fiscal policies are indistinguishable from those pushed by Republicans. “They’re the leading force pushing the Republican agenda in San Francisco,” Mandelman said, calling the stance short-sighted. “It’s not in the long-term interests of the business community for our public sector to fall apart.”

Chiu’s business tax reform measure is a good example of how conservative ideology seems to be trumping progressive policy, even among Democrats. Only 10 percent of businesses in the city pay any local business tax, and the measure would increase taxes on large corporations, lower them on small businesses, create private sector jobs, bring $25 million per year into the city, and expand the tax burden to 25 percent of businesses, including the large banks, insurance companies, and financial institutions that are now exempt. But even the Small Business Commission refused to support the plan, prompting Chiu to drop the proposal and tell his colleagues, “There is still not consensus about whether this should move forward.”

Sup. Chris Daly, the lone vote against the budget compromise with Newsom and the removal of revenue measures from the November ballot, noted at the July 27 board meeting how the business community has sabotaged city finances, citing its 2002 lawsuit challenging the gross receipt taxes, which the board settled on a controversial 8-3 vote. “This is a large part of our structural budget deficit,” Daly said.

But antitax sentiment has only gotten worse with the current recession and political dysfunction, causing Democrats like Newsom to parrot Republicans’ no-new-taxes mantra, much to the chagrin of progressives.

“A lot of this is being driven by statewide politics. [Newsom] needs to not have taxes go up but he also needs the support of the labor unions, so we get weird stuff happening in San Francisco,” Mandelman said.

The situation has also fed Newsom’s animus toward progressives, who have enjoyed more local electoral success than the mayor. Newsom responded in June to the progressive slate winning a majority on the DCCC by placing a measure on the November ballot that would ban local elected officeholders from serving on that body, which includes four progressive supervisors and three supervisorial candidates.

Nonetheless, Newsom then unexpectedly sought a seat on the DCCC, arguing that his lieutenant governor nomination entitled him to an ex officio seat (those held by state and federal elected Democrats) even though the DCCC’s legal counsel disagreed. While noting the hypocrisy of the request, Party Chair Aaron Peskin took the high road and proposed to change the bylaws to seat Newsom.

Some progressives privately groused about giving a seat to someone who, as DCCC member Carole Migden said at the meeting, was “picking a fight” with progressives by pushing a measure she called “disrespectful and unconstitutional.” But in practice, the episode seems to have hurt Newsom’s relations with progressives without really strengthening his political hand.

Newsom ally Scott Wiener — a DCCC member and District 8 supervisorial candidate (who told us he opposes the mayor’s DCCC ballot measure) — proposed to amend Peskin’s motion to change the bylaws in order to seat Newsom with language that would allow Newsom to continue serving even if he loses his race in November.

That amendment was defeated on a 17-13 vote that illustrated a clear dividing line between the progressive majority and the minority faction of moderates and ex officio members. Even with Newsom and District Attorney Kamala Harris (who was seated as the Democratic nominee for attorney general) being seated — and counting the one absent vote, Sen. Leland Yee, who is expected to sometimes vote with progressives and sometimes with moderates — progressives still hold the majority going into the process of endorsing local candidates and allocating party resources for the fall campaign.

“Presuming that 17 people of that 33-member body all agree on something, then the presence of Mayor Newsom doesn’t change anything,” Peskin said. He also noted that even if Newsom’s measure passed and the progressive supervisors were removed, “the irony is that the chair of the party [Peskin] would appoint their successors.”

Also ironic is the political reality that it is Newsom who most needs his party’s support right now, while it is progressives who are adopting the most conciliatory tone.

“We should all be working to turn out the vote and help Democrats win,” Peskin told us. “I implore our mayor and lieutenant gubernatorial candidate to work with us and get that done.”

Yet after Newsom gave a budget-signing speech that included the line, “At the end of the day, it comes down to leadership, stewardship, collaboration, partnership,” he told the Guardian that he has no intention of removing or explaining his DCCC ballot measure, saying only, “If the voters support it, then it would be the right thing to do.”

Chiu responded to the news by telling us, “I hope the mayor can move beyond the politics of personality and build a party vehicle that is about unity.”

Reinventing San Francisco

8

By Christopher D. Cook, Karl Beitel, and Calvin Welch. 

OPINION It’s hard to trust hope these days — to imagine that our world, or even our city — could be different. But for the next 10 or 15 minutes, as you read this, we invite you to suspend the cynicism and disbelief that hang over contemporary life, and allow your mind to imagine that, yes, a different San Francisco is possible. Just for 15 minutes, although we hope this helps kick-start a much longer-term revival of hope and urban reimagining.

It’s time to create something new in San Francisco — a visionary movement for constructive change that’s bold and unapologetic. Imagine, for instance, if San Francisco became a national model for how cities can reinvest local profits (public and private) and assets to expand economic opportunity and social equity. Imagine if, instead of promoting a dispiriting and volatile blend of corporate development and Darwinian “free-market” anarchy, San Francisco transformed how American cities define success by creating concrete alternatives to the chaos of capitalism.

Now imagine that San Francisco had its own public bank — a fiscally solvent, interest-generating financial force (potentially a half-billion dollars strong) dedicated to public financing and economic stimulus, that functioned as a vigorous incubator for homegrown industries and sustainable, true-green job creation.

We are proposing no less than a reinvention of San Francisco — a dramatic shift in priorities, resources, politics, and culture that marries the very best in both creative innovation and urgently needed reforms to make our city socially equitable and sustainable, both ecologically and economically.

Toward this end, the Community Congress, Aug. 14-15 on the University of San Francisco campus, will stimulate ideas, discussion, and planning to reinvigorate civic engagement and inspiration and create a concrete, locally actionable agenda for reshaping the city. You’re invited. (Visit www.sfcommunitycongress.wordpress.com for more information.) The congress is a conversation starter and idea incubator — an opportunity to begin reimagining San Francisco as a socially equitable, racially inclusive, ecologically sustainable city that grows its own food, supplies its own energy, and is an affordable haven for working-class people, immigrants, artists, and creative folk of all stripes.

We humbly propose a city that embraces cosmopolitanism and international exchange while empowering its residents to achieve a decent and livable quality of urban life. We are not trying to turn back the clock; we are trying to create new forms of social and economic value that give people meaning and sustenance, and hope.

 

WHY A COMMUNITY CONGRESS—WHY NOW?

Couldn’t we save such sweeping aspirations for a rainy day? The sky isn’t falling yet, is it? Not quite, but the present constellation of crises San Francisco is ensnarled in — massive and rising structural deficits, a boom/bust economy that’s profoundly unstable and inequitable, deepening economic and social divides that destabilize communities, to name a few — is simply unsustainable.

San Francisco’s economic and fiscal crisis is not a passing moment. Rather, it signals long-term structural flaws in the city’s economic policies and planning. San Francisco has lost roughly 45,000 jobs since 2000, and each “recovery” is marked by steadily higher unemployment rates (currently resting at 9.2 percent). More critically, as jobs and wages have grown more precarious and housing prices have steadily risen (over the long term), thousands of San Franciscans have been displaced.

Any serious vision for change must incorporate race and class dynamics. Consider the economic evisceration of much of the city’s African American population, which has plummeted from 13.4 percent of the population in 1970 to just 6.5 percent today (more than 22,000 African Americans left the city between 1990 and 2008). The gutting of communities of color is intrinsically intertwined with issues of job and wage loss and soaring housing costs. This is particularly acute in the geographic and political dislocation of African Americans in San Francisco. Add to this picture intense overcrowding and poverty in Chinatown and in Latino and immigrant communities, and you get a set of inequities that are morally unacceptable and socially untenable.

Like other major American cities, San Francisco faces a crucial historical moment. Global warming and fast-dwindling oil supplies require a transformative shift in how we conceive (and implement) economic development far beyond the city’s current piecemeal approach to “green procurement.” The Peak Oil Preparedness Task Force, appointed by the Board of Supervisors in 2007, concluded that a full 86 percent of San Francisco’s energy use comes from fossil fuels, primarily petroleum and natural gas, and a small amount of coal. Given the world’s fading oil supplies and mounting climate chaos, this is simply unsustainable.

The specter of a looming energy and environmental crisis, combined with economic instability marked by persistently high unemployment, rising income inequality, systemically entrenched homelessness, consumer debt, and the deepening crisis of cutbacks to critically needed human services and affordable housing call for a radical shift in how society — and San Francisco’s economy — are run.

Transforming San Francisco into a truly sustainable city will mean dramatic shifts in what (and how) we produce and consume, and aggressive city policies that promote local renewable energy. Our economy — how our food, housing, transportation and other essential goods are made — will have to be rebuilt for a world without oil.

These and other limits mean we must redefine growth and profit—fast. Work and sustainability must become fully intertwined, and we must think creatively about how jobs can produce social and community value, instead of profits concentrated at the top.

Creating truly sustainable and equitable cities for the 21st century will also mean dramatic shifts in how we produce and consume. There is no better place to begin than here in San Francisco, long an incubator in progressive thinking and genuine grassroots action and innovation. In an earlier Community Congress in 1975, residents and groups from across San Francisco united in a movement of ideas and organizing that led to district supervisorial elections and successful campaigns to stem the tide of downtown corporate development, helping to democratize politics and economics in San Francisco.

The 2010 Community Congress is aimed at reinvigorating local movements for lasting change, both on the policy level and in the relationship between people and their government. We hope to inspire a spirited and creative shift in the city’s culture and politics — with concrete, politically actionable policies to democratize planning and development and a more sweeping transformation of our expectations — toward a far richer and deeper engagement of people and communities in their own governance.

 

A NEW FRAMEWORK FOR URBAN DEVELOPMENT

What would this City of Hope look like, and how would it work? Consider what we could accomplish with a municipal bank. The City and County of San Francisco currently has almost $2.6 billion in highly liquid reserves, about $500 million of which could be used to fund a Municipal Bank of San Francisco. Once established (and federally insured), the Municipal Bank could take additional deposits and use this to issue more loans. The bank could promote economically viable worker-run cooperatives that produce goods and services addressing community needs — be it day care, urban gardening, or ecologically sustainable light industry that creates meaningful employment for local residents. The bank could provide competitive small-interest loans to help stimulate small-business development — the key economic engine of the city. Currently, access to credit is one of the primary impediments to small business growth in San Francisco.

The city could also start a Municipal Development Corporation to produce goods and services that meet essential needs, boost local employment, and generate surpluses that would be available for local reinvestment. San Francisco could launch itself on the path to local energy self-reliance with funds from the Municipal Bank, together with revenue bonds—raising large pools of capital to finance large-scale alternative energy investments such as solar panels to generate energy for sale to local businesses and households.

The proceeds could help subsidize community-based development such as urban farming projects that could grow food for our public schools. The Municipal Development Corporation could explore other initiatives like large-scale medical marijuana cultivation and development of a commercial fiberoptic network. Other ideas can be developed; we need to engage our collective imagination to envision what can exist if there’s enough people power and political will.

By expanding access to credit, municipalizing a chunk of the city’s assets, establishing an economically viable municipal development enterprise, and democratizing city planning and development, San Francisco can enable long-disenfranchised communities to create sustainable and diversified development — instead of fighting over “jobs versus the environment” and other false choices and getting nowhere for decades.

It’s time for proactive, community-led economic development that addresses urgent needs, from local hiring and training, to creating a diverse base of neighborhood-serving businesses, to ecologically sustainable and healthful development and planning that is driven by communities and residents.

San Francisco’s job creation policies can be transformed to prioritize community needs over corporate profits by linking major development contracts to strict local hiring and training, community benefits agreements that invest in social goods like childcare and in-home health services, and ensuring dramatic increases in the city’s stock of affordable housing.

We need to build new forms of public participation in local government in ways that address people’s everyday needs. For instance, the congress will propose a new partnership between residents and Muni to make Muni work better, involving current riders and drivers in a new, more powerful role in how Muni lines function.

We need to find better ways to sustain a diverse population of working-class, people of color, artists, writers, musicians, and others. We need to make sure development isn’t just code for finding new ways to gentrify neighborhoods and displace existing residents.

Specific proposals will address how the city and community-based nonprofits deliver critical health and human services to our neediest residents. We propose making this an integrated part of the budget process, not a last-minute afterthought. Toward this end, the Community Congress will present actionable proposals to create innovative “resident/government” partnerships to improve local government responsiveness and efficiency.

 

RAISING—AND SPENDING—THE BENJAMINS

One of the keys to unlocking the city’s stagnating economy is progressive revenue generation and more democratic participation in budgeting. We must enlarge the public pie while reapportioning it in a way that stimulates job creation and shifts the tax burden onto the large businesses that reap vast private benefits from public goods and services. The city’s budget process must be dramatically reshaped and democratized. Communities need a seat at the fiscal table when the budget is being crafted — instead of lobbying tooth and nail at the end of the process just to retain funding that barely keeps programs afloat.

How can we build a participatory budgeting movement that brings residents and communities into the process? For instance, community budget councils composed of elected and appointed residents from every supervisorial district could assess neighborhood needs and incorporate them into drafting the budget. Whatever form this takes, the goal is to put the needs of residents at the forefront of how the city spends its resources.

The Community Congress can also help redefine fiscal responsibility. Taxing and spending must be accountable and transparent and respect the fact that this is the public’s money. Let’s be honest: much of what passes for government excess is due to management and executive bloat at the top, not salaries of frontline workers like bus drivers, social service providers, and hospital workers. True fiscal responsibility also means investing in prevention: education, healthcare, and services that help people build their lives.

 

RECLAIMING HOPE

It’s time to reclaim the public sector as the sphere of our shared interest. Rather than thinking in terms of the old paradigm that counterpoises “government” and “the market,” let us envision a new citizen movement to create a more participatory, democratic, and accountable system of self-government.

The San Francisco Community Congress is about bringing people together — community activists, those working in the trenches of our increasingly strained social services, our environmental visionaries, our artists, the urban gardeners and permaculturists, poets, bicycle enthusiasts, inventors … in short, assembling our pool of collective knowledge and wisdom, and yes, our differences — in a forum to discuss, debate, share concerns and viewpoints, and ultimately produce a working template that is both visionary and can be implemented.

The Community Congress will create a space for all of us to participate in defining our own vision of San Francisco. It is a first step toward reasserting popular control over economic development. It is an invitation to be visionary, rethinking in fundamental ways what it means to live in the 21st century city, and a forum for creating real, practical platforms and proposals that can be implemented using the powers of local government.

We want to propose a new vision of urban governance. Not more bureaucracy, more commissions, more departments, but the creation of new institutions that are democratically accountable and place new kinds of economic and political resources in the hands of ordinary citizens.

We don’t have any illusions. There are limits to what local government can do. Ultimately, deep change will require actions by higher levels of government. More profoundly, it will require a deeper change in citizen awareness, a rejection of life dominated by the pursuit of narrow self-interest, in favor of a more ecologically sustainable, socially just, and more democratic way of life.

But we can begin at the local level, here and now, to envision and implement the kind of changes that will need to take place if we want to insure that our city, our country, and our planet will be the kind of place we want our children to live. Please come. Bring your hopes, passions, and ideas. This is our collective project, our shared wisdom, our joint vision of the kind of city and society in which we want to live.

Christopher D. Cook is an author, journalist, and former Bay Guardian city editor (www.christopherdcook.com). Karl Beitel is a writer, scholar, and activist. Calvin Welch is the director of the San Francisco Information Clearinghouse and a long-time affordable housing advocate. This story was funded in part by www.spot.us

 

A new community congress

0

EDITORIAL The first time a group of activists from across San Francisco met in a Community Congress, it was 1975 and the city was in trouble. Runaway downtown development was creating massive displacement and threatening the quality of life. Rents were rising and tenants were facing eviction. An energy crisis had left residents and businesses with soaring power bills. The manifesto of the Congress laid out the problem:

"Every poor and working class community in San Francisco has learned the hard way that its interests are at the bottom of the list as far as City Hall is concerned. At the top of the list are the banks, real estate interests, and large corporations, who view San Francisco not as a place for people to live and work and raise families, but as a corporate headquarters city and playground for corporate executives. By using their vast financial resources, they have been able to persuade local government officials that office buildings, hotels, and luxury apartments are more important than blue-collar industry, low-cost housing and decent public services and facilities."

The Community Congress hammered out a platform — a 40-page document that pretty much defined what progressive San Francisco believed in and wanted for the city. It included district elections of supervisors, rent control, public power, a requirement that developers build affordable housing, and a sunshine ordinance — in fact, much of what the left has accomplished in this town in the past 35 years was first outlined in that document.

Beyond the details, what the platform said was profound: it suggested that the people of San Francisco could reimagine their city, that local government could become a force for social and economic change on the local level, even when politics in Washington and Sacramento were lagging behind. It called for a new relationship between San Franciscans and their city government and looked not just at what was wrong, but what was possible.

That’s something that too often gets lost in political debate today. With urban finances in total collapse, the progressives are on defense much of the time, trying to save the basic safety net and preserve essential programs and services. It seems as if there’s little opportunity to talk about a comprehensive alternative vision for San Francisco.

But bad times are great times to try new ideas — and when the second Community Congress convenes Aug. 14 and 15 at the University of San Francisco, that’s exactly what they’ll be trying to do. It’s not going to be easy — the left in San Francisco has always been fractious, and there’s no consensus on a lot of central issues. But if the Community Congress attracts a broad enough constituency and develops a coherent platform that can guide future political organizing efforts, it will have made a huge contribution to the city.

The event also offers the potential for the creation of a permanent progressive organization that can serve as a forum for discussion, debate, and action on a wide range of issues. That’s something the San Francisco left has never had. Sup. Chris Daly tried to create that sort of organization but it never really worked out. The city’s full of activist groups — the Tenants Union, the Harvey Milk LGBT Club, the Sierra Club, and many others — that work on important issues and generally agree on things, but there’s no umbrella group that can knit all those causes together. It may be an impossible dream, but it’s worth discussing.

The organizers of the Community Congress discuss some of their agenda in the accompanying piece on this page. It should be based on a vision of what a city like San Francisco can be. Think about it:

This can be a city where economic development is about encouraging small businesses and start-ups, where public money goes to finance neighborhood enterprises instead of subsidizing massive projects.

This can be a city where planning is driven by what the people who live here want for their community, not by what big developers can make a profit doing.

This can be a city where housing is a right, not a privilege, where new residential construction is designed to be affordable for the people who work here.

This can be a city where renewable energy powers nearly all the needs of residents and businesses and where the public controls the electricity grid.

This can be a city where the wealthy pay the same level of taxes that rich people paid in this country before the Reagan era, where the individuals and corporations that have gotten filthy rich off Republican tax cuts give back a little bit to a city that is proud of its liberal Democratic values.

This can be a city where it’s safe to walk and bike on the streets and where clean, reliable buses and trains have priority over cars.

This can be a city where all kids get a good education in public schools.

Despite all the economic woes, this is one of the richest cities in one of the richest countries in the history of human civilization. There are no economic or physical or scientific or structural constraints to reimagining the city. The only obstacles are political.

In the next two years, control of City Hall will change dramatically. Five seats on the Board of Supervisors are up in November, and the mayor’s office is open the year after that. The progressives have made great progress in the past few years — but downtown is gearing up to try to reverse those advances. The community congress needs to address not just the battle ahead, but describe the outcome and explain why San Francisco’s future is worth fighting for.

Alerts

0

alert@sfbg.com

THURSDAY, AUG. 5

Power on


Gather with the public power supporters and advocates who brought us the No on 16 campaign, which blocked PG&E’s attempt to solidify its monopoly. Attend a workshop that will analyze the campaign and election victory, discuss current challenges to public power, and find common ground for the future push for true power to the people. The workshop is followed by a festive buffet, awards ceremony, music, and more.

1 p.m. workshop, 5:30 p.m. party; free

The Merchants Exchange Building

465 California, SF

www.celebrateno16.org

Zero waste lunches


Learn about the impact that your daily lunches have on the environment and become more informed about the amount of waste created by takeout food and prepackaged lunches. Find out how you can change your habits, including what to buy at farmers markets and how to pack your food to create zero- waste lunches.

Noon, free

Green Zebra Environmental Action Center

Suite 9, 50 Post, SF

www.thegreenzebra.org

FRIDAY, AUG. 6

Worker Cooperative Conference


The public is invited to attend this national conference on the increasingly celebrated concept of worker cooperatives (think Cheeseboard and Arizmendi). Workshops and speakers will look at worker cooperatives as a remedy for larger social and economic problems such as job loss and environmental damage and will present innovative approaches to common challenges cooperative businesses face in accountability and management, financing, governance, vision, and growth.

Fri. 9 a.m.–midnight, Sat. 9 a.m.–11 p.m.;

Sun. 9 a.m.–5 p.m.; $90–$300

Clark Kerr Conference Center

UC Berkeley

2601 Warring, Berk.

www.usworker.coop

SATURDAY, AUG. 7

"Choking on Oil"


Get together with others who are frustrated by the BP oil spill catastrophe and learn about the surrounding issues at this networking performance featuring poets, artists, special guest speakers, and a silent auction to help raise funds for charities. Hosted by Out of Our poetry magazine.

7 p.m., free

Viracocha

998 Valencia, SF

www.outofour.com

Lantern ceremony


Commemorate the 65th anniversary of the atomic bombing of Hiroshima at this Japanese-style peace event. Participants are invited to decorate candlelight peace lanterns that will be floated at sunset during a ceremony that includes reading a message sent by the mayor of Hiroshima and Japanese bamboo flute music. Materials provided.

6:30 p.m., free

Berkeley Aquatic Park

Addison at Bolivar, Berk.

(510) 595-4626

TUESDAY, AUG. 10

Chew on this

Examine the journey our food takes before it reaches our plates, in what ways the supply chains are broken, and what we can do to fix it. Hear about food justice best practices from local professionals, experts, and activists using a labor perspective. Presented by Pursue: Action for a Just World.

6:30 p.m., $10

Local Mission Eatery

3111 24th St., SF

www.fruitsofourlabor.eventbrite.com

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