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Politics Blog

Jerry Brown and local government

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So Jerry Brown wants to go back to the days before Prop. 13. He wants to do what a lot of people say, in retrospect, he should have done in 1978: Leave local government with the responsibility for all those things that property taxes used to fund.


His idea is being framed as a little more gentle than that:


“We’re going to shift funding to the local level, we’re going to make sure there’s enough responsibility and discretion to use the money in the wisest possible ways,” Brown told reporters after the meeting, adding that he does not believe it will be an easy change. “There will be controversies.”


But the reality is simple: the state doesn’t have the money to fund all the things that cities and counties need to do. And Brown would be solving (some of) Sacramento’s problems by adding to the burdens of local government.


He’s crazy like a fox, though, Jerry is. Back in June, 1978, when the voters approved Prop. 13, local officials said the results would be disastrous — schools closing, fire stations shuttered, police departments devastated by layoffs, bus service collapsing … and at first, none of those things happened. That’s because under Gov. Brown, the state was running a huge budget surplus — and Brown shared it with the cities and counties.


Now more than 70 percent of every dollar of state spending goes directly to local government. When people complain about the state’s budget increasing over the past few decades, they need to understand — not only has population expanded and the federal government cut back on programs that the state now has to pay for, but the state has taken on programs that used to be funded by local property taxes.


And Brown wants the cities and counties to take some of that responsibility again. In the process, he might wind up doing what no politician in the state has managed in in 32 years. He might show Californians how bad Prop. 13 really is.


Because unless the state gives local government significant new power to raise taxes (and I’d love to see that happen), the cuts over the next two years will hit particularly hard on the things that people see around them every day: Local government services.


It is, indeed, shock doctrine. And the only way it can possibly work is if local government is given the authority to raise enough money to pay for the services people want, need and expect — and if people start to realized that there’s nobody in Sacramento or Washington to bail them out, and that if they want good schools, safe streets, nice parks, etc. they’re going to have to pay for it.


It’s going to be a fascinating spring.


 


 

Backroom Ed Lee mayoral deal raises suspicions

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Last night’s dramatic eight-hour Board of Supervisors meeting, at which six supervisors suddenly came together around naming City Administrator Ed Lee to succeed Gavin Newsom as mayor, was a classic case of backroom dealing making, the full results of which the public still doesn’t know. And it is those unknowns that have progressives rightfully pissed off and distrustful of the choice.
On the surface, both Lee and the progressives’ preferred pick, Sheriff Michael Hennessey, are similar figures who fit Newsom’s demand for a nonpolitical caretaker mayor. He has publicly said both would be acceptable, and both have some impressive progressive credentials as well.
Lee was a civil rights attorney who help run the Asian Law Caucus before being hired by then-Mayor Art Agnos as an investigator for whistleblower complaints, and he’s worked for the city ever since, serving as executive director of the Human Rights Commission and director of the Department of Public Works. Newsom moved him in the powerful post of city administrator in 2005 and he was recently approved for a second five-term for that job, unanimously approved by the Board of Supervisors.
Sup. Bevan Dufty and other supervisors had even talked to Lee about being interim mayor, and he has consistently said that he didn’t want it – until a couple days ago. That’s when Newsom and the fiscal conservatives on the board suddenly coalesced around Lee, who apparently changed his mind while on a trip to China, from which he is scheduled to return on Sunday, although that might be moved up now that the board has delayed the vote choosing him until Friday afternoon.
That delay was won on a 6-5 vote, with moderate Sup. Sophie Maxwell heeding progressive requests for an opportunity to at least be able to speak with Lee before naming him the city’s 43rd mayor. “I don’t think we should make such a decision blindly,” Sup. John Avalos said.
It was a reasonable request that neither the fiscal conservatives nor Board President David Chiu, the swing vote for Lee in what his progressive supporters angrily call a betrayal, would heed. And the question is why. What exactly is going on here? Because it’s not just progressive paranoia to think that a deal has been cut to maintain the status quo in the Mayor’s Office, as Newsom’s downtown allies have desperately been seeking.
Just consider how all of this went down. Sources have confirmed for the Guardian that Chiu met with Newsom at least twice in recent days, and that Newsom offered Chiu the district attorney’s job, hoping to be able to put a fiscal conservative into the D3 seat and topple a bare progressive majority on the board. Chiu reportedly resisted the offer and tried to influence who Newsom would name to succeed him, and we’ll find out as soon as today who the new district attorney will be.
Closed door meetings also apparently yielded Lee as Newsom’s choice for successor mayor, with both Chiu and Sup. Eric Mar initially inclined to back Lee, who would be the city’s first Chinese-American mayor. After pushing his colleagues for weeks to name a new mayor, Daly tried to thwart the Lee pick by initially seeking a delay, then finally persuading Mar to go with Hennessey as his first choice.
“Politically, he will work for the other side, my progressive colleagues,” Daly said at the hearing, calling it “the biggest fumble in the history of progressive politics in San Francisco.”
As the deliberations began, Mar called Lee his mentor at the Asian Law Caucus and someone whom he respects, but that he preferred to keep Lee in his current post and to support Hennessey, who got five votes on the first round, while Lee got four, including Chiu.
Dufty – who said that he would be supportive of Hennessey for mayor – and Sup. Sophie Maxwell abstained from voting for anyone during the first round. On the second round, Maxwell went with Lee, leaving Dufty as the kingmaker. But rather than decide, he asked for a recess at 8:45 pm, and he and Maxwell went straight to Room 200 to confer with Newsom.
When the board reconvened, Dufty announced his support for Lee. Dufty denies that Newsom offered him anything, but he did confirm that Newsom indicated a preference for Lee and a willingly to help Lee return to his current post next year, which requires some tricky maneuvering around city ethics laws. Similarly, Chiu denies that his support for Lee was anything less than his unconditional preference.
But it’s hard to know. After weeks of Newsom playing games with leaving the Mayor’s Office to assume his duties at lieutenant governor (a stand egged on by his downtown allies and Chronicle editorial writers), it seems likely that Lee has given them some kind of assurance that he won’t rock the boat or side with board progressives on key issues.
Some progressives aren’t ready to accept that Lee will be our next mayor, believing that Chiu, Dufty, or Maxwell can still be shamed into changing their minds, but that seems unlikely. Instead, progressive Sups. John Avalos, David Campos, and Ross Mirkarimi just want to talk to Lee and they hope to be convinced that he’ll work cooperatively with the board and not simply be a Newsom puppet.
“I have been open and I remain open to supporting Ed Lee,” Campos said in support of the motion to continue the meeting to Friday at 3 pm, the day before the new Board of Supervisors is sworn in.
But he and the other progressives are openly questioning the Lee power play. After all, Campos said, his nomination of Hennessey was already an olive branch to Newsom’s side, saying he wasn’t the progressives’ first choice but simply the most acceptable from Newsom’s list. “It was in the spirit of one side of the political spectrum saying to the other side, ‘We want to come together,’” Campos said.
Instead, it was a backroom political deal with carried the day, a deal that Chiu went along with.
“I feel amazingly betrayed right now,” Jon Golinger, Chiu’s campaign manager, told us after the meeting. “It’s a shock…Process-wise, Ed Lee came out of nowhere.”
And that’s antithetical to the progressive values on transparency and public process. So now, it’s up to Lee, Chiu, and the other involved in this deal to fill in a few of the many blanks, and to assure the public that this choice is in the best interests of the whole city.

The vote’s delayed until Friday

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Late at night, a bit of common sense at the board. After Supervisors David Campos, John Avalos and Ross Mirkarimi made the same basic point — that none of them had had a chance to talk to Ed Lee about the job, that Lee wasn’t even in town right now and that it was crazy to vote for a mayoral candidate who hasn’t been part of any process — six supervisors, including Sophie Maxwell, voted for a continuance until Friday, Jan. 7th at 3 pm. So it will be another crazy three days trying to figure all this out.

 

 

The problem with Ed Lee

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Is not just that he’s the candidate of the conservatives on the board; I don’t even know at this point how to describe his political inclinations, and Eric Mar thinks he’s got progressive credentials (from the past, though, not from anything recent.) The problem is that we don’t have any idea how he would handle any of the central issues facing the city, starting with the budget mess.

Although I’m pissed that the other candidates didn’t show up for a Milk Club forum, at least Art Agnos and Mike Hennessey have been talking to people, meeting with supervisors and activists and giving some indication of how they might handle the job. If Ed Lee has been doing that, it’s been very, very quiet — and if he wants to be mayor of the entire city, he can’t just ignore the progressives.

So at the very least, David Chiu ought to allow the board to recess until tomorrow so a few of the people who will be voting for the next mayor can talk to the guy they may be electing.

 

A swing to Lee — Daly ballistic

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Bevan Dufty emerged from his meeting in the mayor’s office to say he was ready to vote for Ed Lee. The deal was cut; we don’t know what it is, but that’s what happened. And Sup. Chris Daly is ballistic.

“This is,” he just said, “the biggest political fumble in the history of progressive politics in San Francisco” and he put the blame directly on Board President David Chiu, the sixth progressive vote who went with Lee over Hennessey. As much as he liked Ed Lee as a person, Daly said, “politically, he will work for the other side.” He then told Chiu he would “haunt” him politically and announced, “it’s on like Donkey Kong.”

Then Avalos asked for a recess “to go in some back room” and with minor disagreements, the board is in recess until 10:15.

Wow. What a moment. What a totally bogus way for a new mayor to be chosen for this city. Ed Lee wasn’t even on the radar, wasn’t under consideration, had said he didn’t want the job, until some deal was cut at the last minute. Nothing against Ed Lee, but you can’t be an effective mayor of this city when you jump into things at the last minute, with no chance for anybody to talk about or evaluate your credentials. And he’s clearly the mayor of the conservative board members — and David Chiu has joined them.

I’m not as angry as Chris Daly — that would be hard — but I’m disappointed.

 

Dufty the swing vote — and talking to Newsom

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The Board of Supervisors has gone into recess with a split vote on either Ed Lee or Mike Hennessey as interim mayor. One supervisors have voted no on both nominees — and now holds the power to decide who the next mayor will be.

And Bevan Dufty, the wing vote, along with Sophie Maxwell, was just seen walking into the mayor’s office.

Not the way anyone thought this would come down; David Chiu wasn’t even nominated, and Art Agnos, who at one point looked close to the magic number of 6, only got 3 votes. It’s going to be close, with all the conservative supervisors voting for Lee and all the progressives except Chiu voting for Hennessey. It’s entirely possible that we’ll have at least a prospective new mayor tonight — that is, if Newsom ever decides to leave town.

 

 

Jerry Brown wants to eliminate Redevelopment

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Calitics reveals today that newly sworn-in Gov. Jerry Brown told the Sacramento Bee that he’s proposing to eliminate local redevelopment agencies as part of a set of austerity measures that he is proposing in a purported effort to shock folks into approving new revenues

Brown’s shocking proposal got me calling tenants rights activist Calvin Welch and Arc Ecology executive director Saul Bloom, who both have strong and well- informed views on what’s up with local redevelopment agencies and how they could be improved. And interestingly neither Bloom nor Welch was in favor of eliminating redevelopment.

Welch, who hadn’t yet had time to read the article when I called him, actually laughed when I outlined Brown’s basic idea, which admittedly is big on shock value and thin on explanations, at least at this point.
‘That would be very interesting, but the devil’s in the details.” Welch observed, noting that voters just approved Prop. 22 in Nov. 2010 to prevent the state from taking city redevelopment money to balance the budget in Sacramento. (Unfortunately, Prop. 22’s passage still doesn’t protect San Francisco from having its budget raided by the state, since it’s defined as both a city and a county.)

“That’s an astounding idea,” Welch added, trying to wrap his mind around Brown’s out-of-the-blue proposal. “Because in San Francisco, there are redevelopment areas, including Bayview Hunters Point, Mission Bay and the Transbay Terminal, that have already been authorized for another 25-30 years.”

“Perhaps the language would be ‘no new redevelopment’ but I don’t know how you would do that,” Welch added, noting that Brown has not only been governor before, but was also mayor of Oakland. (During his term as mayor, Brown was credited with starting the revitalization of Oakland but was also accused of being more interested in downtown redevelopment and economic growth than political ideology.)

Welch noted that San Francisco was fortunate in being able to reshape its Redevelopment financing arrangements in 1990 under then mayor Art Agnos.

“It was probably the most progressive and long standing reform of Art Agnos’ administration—and no one understands it,” Welch said. As Welch tells it, when Agnos came into office, he inherited a city that had been bankrupted by a decade of mayor Dianne Feinstein’s business-friendly policies, much like how San Francisco has been milked in the past decade by Newsom’s business-friendly policies.

“Redevelopment doesn’t pay its way in the post Prop. 13 world,” Welch stated. “Under Mayor Gavin Newsom, we’ve had the most market rate housing produced and the biggest deficits in what was a real estate collapse, as part of the collapse of the economic markets. And under Mayor Feinstein’s 10-year rule, we saw massive amounts of commercial office space built that never paid its way, leaving Agnos with a $103 million deficit.”

Welch notes that Agnos also inherited a huge homeless crisis (something Welch says Feinstein was in denial over) and that Agnos sought to reform Redevelopment in large part as a way to address the city’s growing lack of affordable housing. “Art basically said, let’s take a look at tax increment financing,” Welch said, referring to a tax financing arrangement, under which a municipality can a) do an assessed value of an area before redevelopment takes place, b) estimate what that same area’s local taxes would be after redevelopment, and c) borrow money against the incremental difference between a) and b).

“Art said, ‘I want to do that and I want to use the hundreds of millions of dollars available through redevelopment for affordable housing,’” Welch recalled. He noted that Agnos succeeded in his mission by shifting the San Francisco Redevelopment Agency’s mission from ‘urban renewal’ (which had negative connotations following the displacement of African American and other low-income communities from the Fillmore in the 1960s) to ‘community development,’ making Redevelopment subject to the same budgetary process as other departments, and insisting that 20 percent of tax increment financing dollars be devoted to affordable housing.
“But we said, ‘no, 50 percent has to be devoted to affordable housing and Art agreed, and that’s been the case since 1990,” Welch recalled. “And since then our Redevelopment Agency has been the principal source of affordable housing revenue in San Francisco.”

So, in another words, the San Francisco Redevelopment Agency is pretty much alone in the state, in terms of devoting half its tax increment financing revenues to affordable housing. But by the same token, San Francisco’s Redevelopment Agency is pretty much alone in the state in terms of not being governed directly by a city council or a county Board of Supervisors. Instead, it’s governed by a Commission, whose members are appointed solely by the mayor . And therein lies the problem, Welch says.
‘It would only take six votes on the Board of Supervisors, or eight votes to override a mayoral veto, to change that,” Welch observed.

But to date there haven’t been eight votes to do that, even with a progressive Board.
Welch believes the problem is that supervisors, who currently each only have two legislative aides, fear swampage from Redevelopment responsibilities.
“To contemplate taking over a multibillion dollar agencies and taking on the likes of Catellus with only two staffers, well it’s a recipe for disaster,” Welch said, acknowledging that additional reforms, including splitting appointments on the Redevelopment Commission between the mayor and the Board, or allowing the Board to hire additional legislative staff to work on redevelopment issues, could solve the problem.

Bloom, who recently sued after the Redevelopment Commission threw his non-profit under the bus, said his non-profit’s recent experience perfectly illustrates why and how Redevelopment should be reformed, rather than completely eliminated.
“Redevelopment is a process that has been much abused, so it’s easy to say, let’s get rid of it, but I’m not there, ”Bloom said, noting that his beef has been with the way his non-profit was treated by Redevelopment Commissioners, rather than Redevelopment staff.
“But I do believe there needs to be a modification of the process, in which redevelopment is put in the hands of an entity that is answerable to the public.”

Bloom believes this modification could be achieved by making the Board of Supervisors the governing body of the Redevelopment Agency, which is already the case in almost all municipalities in California.
“Give that role to the Board of Supervisors because you can fire your supervisor,” Bloom said, noting that currently there are no limits on how long individuals, who are appointed by the mayor, can serve on the Redevelopment Commission. ‘If you give that role to the supervisors, they will be able to utilize more staff to become better Board members. So, this is an opportunity to increase people’s participation in the process.”

Meanwhile, it’s possible that Brown’s threat to eliminate Redevelopment will be like the time Warren Buffett, who’d just been announced as then newly elected Gov. Arnold Schwarzenegger’s financial adviser, caused a brou-haha when he threatened to reform that even holier of cows, Prop. 13.

 

Backroom meetings precede today’s mayoral succession vote

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There’s been a flurry of political speculation and backroom discussions leading up to today’s final meeting of the current Board of Supervisors, which is scheduled to consider appointment of a successor mayor to Gavin Newsom starting at 3 p.m., despite Newsom’s refusal to vacate the office and assume the duties of lieutenant governor as he was supposed to yesterday.

After Kamala Harris took her oath of office as attorney general yesterday, Newsom now has the power to appoint a new district attorney, which he’s likely to wrap into his efforts to thwart progressive supervisors from appointing an interim mayor of their liking. So all eyes are on Newsom, as well as Board President David Chiu, and sources tell the Guardian that the two men met this morning behind closed doors.

Could Newsom appoint Chiu as the new DA in exchange for his support on naming a moderate as caretaker mayor? That possibility has progressives bristling with anger and privately threatening to aggressively go after Chiu if he cuts that kind of deal. The other way that Chiu might earn the progressive wrath is if he cuts a deal to become interim mayor that involves lots of support from the moderates.

But it’s also possible that most board progressives would back Chiu for interim mayor, although Sup. David Campos has so far been the most reluctant among progressives to support Chiu, who generally votes with progressives but who has cut a few high-profile deals with Newsom. Sup. Chris Daly told us that he will nominate Aaron Peskin for interim mayor today and Sup. Ross Mirkarimi is backing Art Agnos, who appears to have five votes but probably not six. The moderates are likely to push for Sheriff Michael Hennessey, although Newsom’s stated hope that the board consider his Chief of Staff Steve Kawa is a fantasy that only Newsom is seriously entertaining.

So far, Chiu and his people have been playing their cards fairly close to their vests, so it will be high drama going into today’s meeting. But what happens today is anyone’s guess, with the possibilities ranging from a deal to name a new mayor and DA to another anticlimactic punt of the decision on to the next board, which will be sworn in this Saturday.

Stay tuned.

Social inequality makes you fat

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This is one of my favorite bits of social science research of the past year: The kind of gross inequality that we see in the United States not only harms productivity, damages the economy and is unsustainable — it makes you fat. From the NYTimes:


For example, macaque monkeys are also highly social animals, and scientists put them in cages and taught them how to push a lever so that they could get cocaine. Those at the bottom of the monkey hierarchy took much more cocaine than high-status monkeys.


Other experiments found that low-status monkeys suffered physical problems, including atherosclerosis in their arteries and an increase in abdominal fat. And as with monkeys, so with humans. Researchers have found that when people become unemployed or suffer economic setbacks, they gain weight. One 12-year study of American men found that when their income slipped, they gained an average of 5.5 pounds.


So:


Among rich countries, those that are more unequal appear to have more mental illness, infant mortality, obesity, high school dropouts, teenage births, homicides, and so on.


My conclusion: tax the rich and we’ll all be a lot healthier. Happy new year.

SFBG Radio: Schwarzenegger’s bad pardon

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So you thought Johnny was always mad; you ain’t seen nothing. Today he’s furious that the outgoing gov cut the prison sentence of a killer who happened to be the son of another prominent politician — while thousands of nonviolent inmates are rotting in prison. You can listen after the jump.


 

sfbgradio1/3/2011 by endorsements2010

Guardian, SF Weekly settle suit

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The Bay Guardian and the chain that owns SF Weekly have reached a settlement that ends an eight-year legal battle.


The parties have settled their differences on mutually acceptable terms.


You can read about the trial court verdict here, and some of the post-trial issues here, and our victory at the Court of Appeals here and here and the Supreme Court decision upholding our verdict here.


Specific terms of the settlement are confidential, as is often the case in business-related litigation.


Guardian Editor and Publisher Bruce B. Brugmann said the Guardian’s string of victories at the trial court, the Appeals Court and the Supreme Court “provide a model for protecting other small, independent businesses facing predatory pricing schemes from competitors.”


The Guardian’s legal team toiled for more than six years to bring this case to trial, to preserve the trial result on appeal, and to attempt to enforce the judgment and negotiate the settlement. Ralph Alldredge, Richard P. Hill and E. Craig Moody handled the trial. Joseph Hearst joined in for the appeals work. And Jay Adkisson took on the collections work.
Thanks, folks. You preserved a crucial state law, and you proved that persistence in the pursuit of justice is worthwhile. Small businesses in California will never forget it.

Progressive supervisors block mayoral appointments

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UPDATED: Progressives on the Board of Supervisors have finally started to push back on Mayor Gavin Newsom for his petulant refusal to vacate Room 200 unless his conditions for choosing a successor mayor are met, with the Rules Committee today blocking nine [UPDATE: seven] of 10 of the mayor’s committee and commission appointments.

Led by Sups. David Campos and Eric Mar, the three-member committee has been voting to continue consideration of the appointees to a future date at the discretion of Chairman Campos, even those who they voice support for. But they are trying to force a more equitable approach to governing the city during this transition period. The meeting is ongoing at this writing and can be viewed live here.

The one exception so far has been San Francisco Public Utilities Commission appointee Vince Courtney, with Mar and Campos voicing the urgency of filling the appointment on a body that is now moving forward Clean Power SF and other important initiatives. But they have blocked the appointment of Andrew Wolfram, Richard Johns, and Karl Kasz to the Historic Preservation Commission, Harry Kim and Herb Cohn to the Relocation Appeals Board, Florence Kong to the City Hall Preservation Advisory Board, Leona Bridges to the Municipal Transportation Agency Board of Directors, and Michael Kim and Leslie Katz to the Port Commission.

Former Sup. Amos Brown lashed out at the move, telling the committee, “I’m appalled to witness what’s happening here.”

But progressives have been equally appalled at Newsom for delaying today’s scheduled swearing in as lieutenant governor, reportedly to Jan. 10 after the new board is sworn in, and for demanding that the supervisors guarantee him that they will only support one of his preferred moderate caretakers for the interim mayor position. Newsom’s office did not return a Guardian call for comment on today’s meeting.

UPDATE 1:25 PM: After hearing more than an hour’s worth of testimony in support of Bridges, the committee unanimously voted to recommend her nomination to the MTA, citing that agency’s urgent need for a nominee from the African-American community who has a strong financial management background. The full board will consider her nomination tomorrow.

UPDATE 2:20 PM: Shortly before adjourning, the committee also unanimously recommended Katz be appointed to the Port Commission, saying that agency urgently needs another good appointee, although Mar indicated he didn’t think Kim was right for the position and that nomination was continued.

All candidates duck; mayoral forum cancelled

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I was all excited about moderating a Harvey Milk Club discussion tonight on the next mayor, and getting a chance to ask the candidates who want to fill out Gavin Newsom’s term a little about what they might do in the next 11 months. It’s kind of important; you’d think the folks who want the job would be willing to give us a little clue about why they think they should have it.


But guess what? Not a single potential candidate was willing to show up. Art Agnos, Mike Hennessey, Ed Harrington … they all either declined or said they couldn’t make it.


That, my friends, is really lame — and not a good sign for San Francisco.


At any rate, the forum would have been open to the public, has been cancelled.

Maybe bankruptcy would save California

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First of all: ain’t going to happen. The state needs to spend $6.6 billion on bond debt, and has more than $50 million available. No default looming. I’m with Robert Cruickshank at Calitics: The law shouldn’t give bondholders first claim on the state’s money. But it does.


That said, some of the people who commented on my last post on the subject seem almost to be drooling at the prospect of a state or municipal bankruptcy; a judge, they argue, could force big reductions in employee pensions.


But there’s another twist on this that my colleague Johnny Angel Wendell just passed along to me:


In a normal bankruptcy, a judge looks not just at debts and obligations but at assets. A bankrupt corporation has to turn over all it has, including accounts receivable; hiding money isn’t legal. So suppose a bankruptcy judge looked at California and said: This is a rich state with lots of assets, and the only reason it can’t collect on those assets and make good on its debts — the number one responsibility of a bankruptcy judge — is that it’s hamstrung by some ridiculous laws. Bankruptcy judges have sweeping authority to restructure corporations; perhaps by the same standard, a judge could restructure not only California’s accounts payable and obligations but its ability to bring in money.


Imagine a court saying: Prop. 13 interferes with California’s ability to pay its debts. The two-thirds requirement for tax hikes interferes with California’s ability to pay its debts. Sorry, those laws are gone.


A federal judge has already mandated that California spend billions on better prison health care; why not mandate that the state raise taxes to cover its costs?


So all you fiscal conservatives who are looking only at the debts and liabilities side of the balance sheet, think about what you’re asking for. Because there’s an asset side, too — and California’s is pretty big.

Spoiled mayor wants to get his way

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I guess it’s no surprise that Gavin Newsom takes his political cues from the San Francisco Chronicle editorial board. But this spoiled-kid choose-a-mayor-I-like-or-I-won’t-leave attitude isn’t pretty. Newsom has chosen a new office; it’s no longer his business who the folks he left behind want to put in Room 200.


And here’s what’s silly: If he wants a caretaker mayor, he’s not helping things with this approach. I actually think the incoming board is less likely to pick a caretaker. And the overall political leaning of the new board isn’t that different than the current board.


Newsom even seemed to acknowledge that: “I wonder what the big difference is now the more I work through the math.”


So why exactly is he doing this? Just to make the Chron folks feel important? Just to leave us with one last show of petulance? Or has he cut some sort of deal with the incoming supervisors? And which candidate does he want, anyway? because if it’s Ed Harrington, I hope he’s worked through the math — there’s no way Harrington gets six votes on the new board, unless either David Chiu or Jane Kim goes totally south and decides to support a pro-PG&E candidate who will only continue the worst of Newsom’s policies.


Frankly, I don’t see it happening.


Gavin: You’re done. You can’t choose the next mayor; you don’t have the votes. So quit whining and move on.


 




 


 


 


 


 


 

SFBG Radio: The year in review

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In today’s episode, Johnny and Tim talk about the crazy year that was 2010. Listen after the jump.

2010 by endorsements2010

Ma seeks to ban raves in latest War on Fun offensive

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Someone needs to tell Assembly member Fiona Ma that the ’90s – with its myopic War on Drugs mentality, ascendant rave scene, and chest-beating “tough on crime” political one-upsmanship – are over, even though we’re still paying that era’s bills. Because Ma just introduced AB 74, which seeks to bans raves in California.

Why now? Well, her website says this “historic legislation” was written “on the heels of recent drug-related tragedies in Los Angeles and the Bay Area,” referring to three drug-related deaths at two events last May and June. And even though the same statement claims “attendance at raves can range from 16,000 to 185,000 people,” Ma somehow thinks that a few overdoses justifies a broad ban on dance parties (although she pointedly exempts live concerts, for reasons she doesn’t explain, even though the exact same argument can be made about concerts).

As a representative from the vibrant city of San Francisco, Ma (who did not return our calls for comment) is an embarrassment, taking the already-regressive War on Fun efforts by so-called “moderate” politicians to a new low. But unfortunately, the effort to ban public dance parties has already gained traction at the federal level with provisions of the long-controversial RAVE Act – promoted by top Democrats as well as Republicans — finally sneaking their way onto the books last year.

And now, Ma wants to get into the act, as always seeking to curry favor with the cops in the process (not to mention the alcohol industry, a prime funder of the War on Drugs and the ambitions of its political foot soldiers such as Ma). If they get their way, nothing short of our basic constitutional right of freedom of assembly is at risk, and that should be of concern to people of all ideological stripes.

Does Mayor Newsom represent SF workers or San Mateo politicians?

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“Does Newsom represent local workers or San Mateo politicians?” That’s the question being asked  at City Hall today. And it’s threatening to deliver an unwelcome kick to Mayor Gavin Newsom on his way out of City Hall’s revolving doors, as dozens of unemployed construction workers deliver 1,000 Christmas cards that residents of Bayview Hunters Point, Chinatown, the Mission, the Tenderloin and South of Market have signed. The cards urge Mayor Gavin Newsom to “put the Merry into Christmas and the Happy back into New Year” and sign local hire law that the Board passed a week ago.

This special holiday season delivery has been in the works since Dec. 14, when Bayview-based job advocates Aboriginal Blackmen United (ABU) tried to meet with Newsom and get his signature on legislation that a super-majority on the Board support.

But after Newsom was a no-show and his chief of staff Steve Kawa refused to give ABU any assurances, community advocates Brightline Defense Project printed up a thousand of the cards urging Newsom to “put the Merry into Christmas”. And Brightline, ABU, Chinese for Affirmative Action, PODER, and the A. Philip Randolph Institute then asked unemployed workers, activists, and concerned citizens to sign this unusual set of greeting cards.

The move comes a day after the San Mateo County Board of Supervisors voted unanimously to urge Newsom to veto Avalos local hire policy. Local hire advocates suspect this counter-move was orchestrated to give Newsom political cover, should he choose to make the seemingly Scrooge-like move of vetoing, just before the holiday season, legislation that would help San Francisco residents secure work on billions of dollars worth of local tax-payer funded construction projects .

But the San Mateo supervisors claim that San Francisco’s plan, which would mandate that 50 percent of workers on city-funded projects are local residents, threatens to hurt an already sluggish regional economy.

“This is not the time to put isolation around a community,” San Mateo Sup. Carole Groom reportedly said at a hastily convened Dec. 21 special session.
 “If this is rejected, it would be time for all of us to sit down and talk about this,” fellow San Mateo County Sup. Adrienne Tissier reportedly said.

Newsom has until Christmas Eve to either sign or veto the law, though the Board can still override his veto, provided Avalos still has eight votes in the New Year. And if Newsom doesn’t sign or veto the law by week’s end, it will go into effect in 60 days.


San Mateo officials are arguing that the local hire legislation particularly impacts their county, because the law contains a “70-mile” clause that includes the San Francisco Airport, the Hetch Hetchy water system and the San Bruno jail.

Sup. John Avalos previously told the Guardian that project labor agreements protect workers at the airport and working on projects that the San Francisco Public Utilities Commission funds. But Tissier reportedly claimed that San Francisco’s local hire policy would kick in, once new contracts are negotiated.

Reached by phone, Avalos said it’s not clear if the San Mateo supervisors have actually read his legislation
‘If they had, they’d see a lot of ways that is supports San Mateo workers,” Avalos said.

San Francisco’s local hire legislation, which is the nation’s strongest, requires that 20 percent of workers within each construction trade be local residents starting in 2011. That number increases 5 percent annually for seven years, as local workers join trades where community representation is lacking, before reaching 50 percent. In other words, 80 percent of the workforce could be non-city residents in 2011, and even at 50 percent local hire, half of the jobs will still be available to workers who don’t live in San Francisco.
 
“That’s hardly an exclusion especially when you consider that San Francisco taxpayers are making the investments on these projects,” Avalos stated.
He believes that the San Mateo County Building Trades Council pressured the San Mateo Board to pass their Dec. 21 resolution urging a veto on his measure. Either way,  Victor Torreano, vice president of the San Mateo County Building Trades Council was quoted in media coverage of the Dec. 21 vote, saying, “the need for housing in San Francisco and the Peninsula make it impossible for many blue collar workers from sinking family roots in the area.”

Avalos acknowledges that San Francisco International Airport is in San Mateo County, and its workers understandably wants jobs there,
“San Mateo County has to put up with the sound of the airport, and its residents deserve to have jobs there, but this is much ado about nothing,” Avalos said. “But it’s the Building Trades that are uncomfortable with changing slightly their practices.”

Mike Theriault, Secretary-Treasurer of the San Francisco Building Trades Council, acknowledged that his group has never been pleased with Avalos’ legislation.

“But we are resigned to seeing how it plays out,” Theriault told the Guardian. “We think there are better things they could have done to guarantee access of San Francisco residents to careers in our trades.”

Theriault believes that Avalos may not understand the project labor agreement are of limited duration.
“So, they will require an extension of the existing labor agreement,” Theriault said,  noting the legislation states that future extensions would have to comply with the new law.

But Theriault acknowledged that with or without Newsom, Avalos’ legislation still has a chance to move forward.
“If he vetoes it, I understand that the Board will have another crack at it, Jan. 4,” THeriault said, referring to the current Board’s last meeting in January.
 
The Bay Area Council has also announced its opposition to Avalos’ legislation,
 “This troubling trend of intra-county battles being started by the San Francisco Board of Supervisors needs to stop,: Bay Area Council President and CEO Jim Wunderman said in a Dec. 21 statement. “The Bay Area is one regional economy, not nine island states. We need to focus on nurturing the fragile economic recovery in our region, not setting bad policies that pit county against county.  The Bay Area Council urges Mayor Newsom to veto this foolhardy piece of legislation.  Right now, we do not need any more incentives for businesses to leave any county, the Bay Area, or California.”

But advocates for the legislation note that the San Francisco Controller recently estimated that the law will pump $270 million into the local economy over the next 10 years. They hope Newsom will emerge from his warren-like office today and sign the law, delivering a historic Christmas present to the city’s growing ranks of unemployed workers.


But even if he doesn’t, Avalos isn’t sweating it.


“Newsom probably won’t sign it, and he’ll write a letter saying he’s opposed to it,” Avalos predicted. “And even if the new mayor is [SFPUC director] Ed Harrington, he’s been supportive of the measure. So Newsom has to answer his own conscience and ask himself, if he’s going to represent local residents or San Mateo politicians.”


According to Brightline’s Joshua Arce, ABU led about 30 to 40 workers from Bayview, Chinatown, and the Mission up to Room 200 today to drop off 1,000 signed  cards from residents in every neighborhood asking the Mayor to sign the community’s local hiring law by Christmas.
 
“Room 200 was locked, but we kept knocking,” Arce told the Guardian. “Eventually the doors opened and out came [Mayor Gavin Newsom’s chief of staff] Steve Kawa. We showed him all of the Christmas cards that we had for his boss and he thanked us. Ashley Rhodes of ABU explained that since we heard how much the Mayor liked the ABU holiday card last week, we printed up 1,000 more and got them signed by people from every community in San Francisco.”
 
“We asked where the Mayor was in terms of making his decision, he said that the Mayor was still studying all of the issues,” Arce continued. “He brought up the opposition from the San Mateo County Board of Supervisors, so we asked him to tell the Mayor to support us, the thousands of unemployed and job-hungry San Franciscans, over four San Mateo politicians.”
 
“Steve Kawa said that they will be working around the clock to make sure all concerns are addressed, and we showed Steve a card signed by Sup. Bevan Dufty just moments before we came upstairs,” Arce addded. “Sups. John Avalos and Eric Mar also signed Christmas cards to the Mayor.”

According to Arce, ABU left the two huge Santa bags full of cards with Kawa, who picked them up, commenting “These bags are awfully heavy.” 

“I asked him to make sure to tell his boss that the cards were printed on 100% recycled paper,” Arce concluded. “Let’s hope that Mayor Newsom puts the Merry into Christmas and the Happy back into New Year!”

The unfair attack on public employees

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Just to be sure my pal(s) Matlock and Lucretia aren’t off on some sort sort of web holiday, thought I’d repost this week’s Editors Notes here. It’s a defense of public employee pensions and pay. At the very least, it’s a perspective you don’t hear much.

Newsom’s delay tactic would create a legal mess

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In this week’s Guardian, I lay out the latest political dynamics surrounding who will become San Francisco’s next mayor. But in reporting out that story, I stumbled across some interesting potential implications to Mayor Gavin Newsom’s petulant promise to delay his swearing in as lieutenant governor.

There is little precedent and scant caselaw on the legality of Newsom’s gambit, as most lawyers and political observers have said, so Newsom would be taking the city and state into uncharted territory just the deny his nemesis, Sup. Chris Daly, a chance to vote on the successor mayor. And it could backfire on Newsom.

For example, what if the excitement of returning to the governor’s office gives Jerry Brown, 72, a fatal heart attack after he and the rest of the state constitutional officers (except Newsom) are sworn in on Jan. 3? If Newsom had taken the oath of office as he was supposed to, he would realize his dream of becoming governor.

Instead, here’s what California Government Code 12058 says would then happen: “In case of vacancy in the office of Governor and in the office of Lieutenant Governor, the last duly elected President pro Tempore of the Senate shall become Governor for the residue of the term,” so Darrell Steinberg would become governor. Having covered Steinberg when I worked in Sacramento, I think he’d make a far better governor anyway, so this is probably a good outcome.

Here’s another unlikely scenario I like even better: what if Gov. Jerry Brown suddenly remembers all the nasty things that Newsom said about him while running for the Democratic Party gubernatorial nomination and declares the lieutenant governor’s office vacant because of Newsom’s no-show at the constitutionally mandated swearing-in ceremony and decides to appoint a grown-up to the office.

Newsom’s stand also carries risks for San Francisco, beyond just the sudden transfer of power that Newsom and moderate supervisors have already created. The City Charter calls for the newly elected Board of Supervisors to be sworn into office at noon on Jan. 8. But, as I’ve learned in interviews with officials in the Clerk the Board of Supervisors Office, there’s a strange quirk in the charter that makes it unclear who the president of the board is between when the new supervisors are sworn in and when they elect a new president, which is their first order of business.

After all, oftentimes the outgoing president isn’t even a supervisor anymore, as was the case two years ago when Aaron Peskin yielded his D3 supervisorial seat to David Chiu. This year, the Clerk’s Office says Chiu will preside over the Jan. 8 meeting for ceremonial reasons until a new president is elected (which could take minutes, hours, or days depending on a nominee’s ability to get six votes).

Now, under normal circumstances, the city would have a duly elected or appointed mayor during that transition period, so it’s not terribly important that there is a gap in who serves as president of the board. Even when the mayor moves on to higher office, as is the case this year, the City Charter calls for the president to serve as acting mayor until the board can appoint an interim mayor.

But because of Newsom’s extralegal meddling in city affairs after his scheduled departure, Chiu doesn’t become acting mayor as he should for those five days. So what happens if Brown has his sudden heart attack at 12:05 pm on Jan. 8 and Newsom, seeing that his stunt may cost him the chance to be governor, rushed to Sacramento to take his oath of office before Brown flatlines?

In that circumstance, the Mayor’s Office would be vacant and so would the board presidency, leaving San Francisco leaderless until the board can come up with six votes each for a new mayor and board president.

Now, is any of this likely? No, but this and lots of other hypothetical possibilities illustrate just how selfish and irresponsible that Newsom and the downtown-based instigators of this drama are being, despite their hypocritical public claims to caring about the city and trying to prevent political games.

But as Sacramento Bee columnist Dan Walters recently wrote: “It’s impossible to predict how Newsom’s power play will turn out. It’s a stormy beginning for his new career in state politics – but given the irrelevance of his new office, it may also be the high point.”

The caretaker hypocrites

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Isn’t it interesting that so many of the people who are demanding a “caretaker” mayor — someone who will accept the appointment but not run again — are politicians who were originally appointed to their jobs, and then ran again?


Dianne Feinstein: Appointed mayor by the supervisors. Ran again, even though she had said she wouldn’t.


Gavin Newsom: Appointed supervisor by Willie Brown. Ran for re-election then for mayor.


Sean Elsebernd: Appointed by Gavin Newsom. Ran for re-election.


Michela Alioto-Pier: Appointed by Gavin Newsom. Ran for re-election.


It is, DCCC Chair Aaron Peskin told me, “more than a bit ironic.”


I have to admit, there’s also something a bit un-democratic about the caretaker idea. What if the supervisors appoint a “caretaker” — and round about July or so, we all realize he or she is doing a great job. Why can’t we, the voters, decide to keep that person in office? And if the person the supes appoint is doing a crappy job, we can vote for somebody else.


I get that someone who isn’t spending the entire interim period running for re-election might have some advantages. But in the end, the “caretaker” is a bit like term limits. Shouldn’t the voters be the ones to decide that?

Chiu, the mayor and the next board

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Matier and Ross today ran a piece saying exactly what everybody who follows local politics already knew: Board president David Chiu will have considerable influence over the choice of the next mayor. The thing is, Chiu has to make a decision, soon: Does he want to be interim mayor (thus giving up his board seat and risking losing in November) or go for the district attorney job (thus giving Newsom a swing-vote appointment to the board and pissing off the progressive constituency that got him elected and will be critical to his political future) or move to keep his position as board president (which means working some deals with the incoming board)?


He has to decide pretty soon, too.


Chiu can almost guarantee that the current board doesn’t choose a mayor. that will take six votes, and without Chiu, neither the progressives nor the moderates can count to six. That would put his fate (both as a potential mayor and board president) in the hands of the new board.


And while everyone at the Chron seems to accept at face value the notion that the new board will be more centrist, I don’t think we know that yet. The only way this board moves to the center is if Jane Kim, a former Green Party member  who replaces Chris Daly, starts to abondon her progressive principles. If that doesn’t happen, then all this talk of a more centrist new board is bunk.


Remember: D2, Farrell replaces Alioto-Pier — a wash. D4: carmen Chu re-elected. D6: Kim replaces Daly. D8: Wiener replaces Dufty — a wash. D 10: Cohen replaces Maxwell — probably a wash, since Maxwell was never part of the progressive majority.


The only twist is that Chiu supported Kim and they’re close, so she would back him for mayor. But Daly might, too.


The bottom line: Chiu has to decide pretty soon what he wants to do, and let the rest of us know.

Could California go bankrupt?

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Not today, not under current federal law. But Calitics alerts me to a really disturbing story that I didn’t know about: Congressional Republicans are pushing legislation that would allow (and actually encourage) state bankruptcies. The idea, of course, is to break public-employee unions and wipe out pensions that people have paid into and earned.

Oh, and by the way: The bill would almost certainly make it harder for states to borrow money for infrastructure projects. The cost of bonds would go up, California would have less money to build new schools, roads, high-speed rail etc. Again, something the Republicans like.

It’s crazy: California is such a wealthy state, and should be nowhere near bankruptcy. I heard on the radio the other day that Jerry Brown is going to have to do now what he should have done in 1978: Make Californians feel the affects of Prop. 13. Back then, after warning that the tax-cutting measure would have calamitous results, he used state money to bail out local governments and prevent the impacts from being felt. Now, when there’s no state money left, local governments are going to get hit really hard. The disaster that Prop. 13 opponents warned about 32 years ago is finally going to hit.

At the very least, if that’s Brown’s approach, he’s going to have to work to allow local governments more freedom to raise revenue on their own. Unless he wants cities and counties (which by law CAN go bankrupt) to follow that route. And I don’t think he does.

Newsom tries to defy City Charter

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Gavin Newsom knew that if he got elected lieutenant governor, the supervisors would be able to choose his replacement. That was part of the deal. Now he wants to game the system, and delay his swearing in until the new board takes over. The claim: “The board should pick a caretaker, not a politician.”


A politician? In the mayor’s office? Um, dude: What are you?


This is not only annoying and dubiously legal, but stupid. Does Newsom really think the incoming board is more likely to choose a caretaker? No such luck. The incoming board is likely to choose David Chiu — a politician who will likely run in November.


Besides, the state Constitution says the lite guv takes office Jan. 3rd. So if Newsom refuses to take the oath of office, one could certainly argue that he has vacated that position, meaning the governor, Jerry Brown, could appoint a replacement. I think if Newsom carries through with his lame threat that Jerry should do exactly that.


PS: Newsom also said he “can’t just walk away and see everything blow up and there are a few politicians in this town that want to serve on ideological agenda.” Let’s be clear here: Newsom also has an ideological agenda. He thinks same-sex marriage should be legal and taxes should be low. He thinks it should be illegal to sit on the sidewalk. He’s got plenty of ideology.


He just doesn’t want a mayor whose ideology he disagrees with. Too late, Gav: You decided to leave the city. Now leave the rest of us alone to deal with the consequences.